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<br />bankrupt, it would not be the first utility to fail – for instance Charter Cable Company <br />filed for bankruptcy in 2009. He said the City Council was only voting on the <br />Conditional Use Permit and not providing legal opinions. Mr. Kraft stated that he <br />discussed three areas of concern previously at City Council meetings, which were <br />financial liability, public safety, and traffic. He said he was satisfied that there would <br />be no University City money used to build or operate the Trolley. Mr. Kraft said if the <br />Trolley failed, University City would not have to spend any money for its removal. He <br />also said that prior to operation, the Trolley would be required under that permit to <br />maintain a bond or escrow fund that would pay for returning Delmar to its current <br />Trolley-free state. Mr. Kraft personally felt that the numerous concerns for the legal <br />liability for injuries or damages related to the Trolley that have been raised were <br />spurious issues. He said University City has no liability for the Metro buses that <br />travel down Delmar and the Trolley was a separate corporation as well. Mr. Kraft <br />said that the City Council is always concerned about public safety. He said the <br />Police Chief and the Fire Chief both stated in public session that with proper training, <br />coordination, policy and procedures, they did not see any public safety problems. <br />Mr. Kraft said that the traffic study for the Trolley suggested that the traffic flow would <br />be minimally affected during weekdays (non-rush hours). His main concerned was <br />the weekend traffic, which was already bad, but did not expect the Trolley to make <br />the traffic any worse. Mr. Kraft said he enjoyed riding the Trolley in Boston and San <br />Francisco. He questioned the economic viability of the Trolley project in University <br />City; however, as a Councilmember being asked to approve a Conditional Use <br />Permit, his concerns have been addressed. Mr. Kraft said he was satisfied that the <br />project does not and will not cost the City of University City any money and that it <br />would be designed and operated without causing any public safety concerns and <br />could have a minor impact on traffic flow. He stated he would vote yes. <br /> <br />The motion for approval of the amended Conditional Use Permit, C.U.P. carried <br />unanimously. <br /> <br />2. <br />Asphalt improvement project - approve award to the lowest responsive and <br />responsible bidder, Gershenson Construction Co., Inc., in the amount of <br />$339,000.00. The staff recommended that the City Council approve the award for <br />the Asphalt Improvement Project to the lowest responsive and responsible bidder, <br />Gershenson Construction Co., Inc., in the amount of $339,060.00. <br /> <br />Mr. Price moved to approve the award to Gershenson Construction Co., Inc., in the <br />amount of $339,060.00, was seconded by Mr. Sharpe and motion carried <br />unanimously. <br /> <br />3. <br />Transfer Station Repairs Project – approve award to C. Rallo Contracting C o., Inc. in <br />the amount of $186,050.00. The staff recommended that the City Council approve <br />the award for the Transfer Station Repairs Project to C. Rallo Contracting Co., Inc. in <br />the amount of $186,050.00. <br /> <br />Mr. Walker stated that it was also recommended that the City Council approve the <br />transfer of an additional $50,000 ($10,000 to be used for inspection services) from <br />the solid waste fund. <br /> <br />Mr. Price moved to approve the award to C. Rallo Contracting Co., Inc. in the amount <br />of $186,050.00 and was seconded by Ms. Carr. <br />5 <br /> <br /> <br />