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HomeMy WebLinkAboutSeptember 12, 1988OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING SEPTEMBER 12, 1988 Council President Peterson called the meeting to order at 7:40 p.m.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson - present Hadtrath - absent 2. Pledge of Allegiance 3. Consent Agenda The following items were presented on the consent agenda: Minutes for Approval The Council approved the minutes of the Regular City Council Meeting of August 22nd, the Public Improvement Hearing of August 29th and the Special Council Meeting of September 6th as presented in writing and there were no corrections. Resolution No. 88-59; Being a Resolution Adopting a Memorandum of Under- standing With Public Managers Association The Council approved Resolution No. 88-59 RESOLUTION NO. 88-59 REGARDING MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF COLUMBIA HEIGHTS AND THE PUBLIC MANAGERS ASSOCIATION WHEREAS, negotiations have proceeded between the Public Managers Association, representing Division Heads of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable Memorandum of Understanding for calendar year 1988;and WHEREAS, a copy of said Memorandum of Understanding is available for inspection at the Office of the City Manager and is made a part hereof by reference NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding as negotiated, be and is hereby established as the salary and fringe benefit program for calendar year 1988, effective January 1, 1988, for Public Managers Association bargaln|ng unit emp)oyees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager'be authorized to execute this agreement. Passed this 12th day of September, 1988. Offered by: Paulson Seconded by: Carlson Roll call: All ayes Gary L. Peterson, Council President Jo-Anne Student, Council Secretary Regular Council Meeting September 12, 1988 page 2 Resolution No. 88-60; Belng a Resolution Regarding the Operating Engineers Contract The Council approved Res?lution No. 88-60 RESOLUTION NO. 88-60 REGARDING MASTER LABOR AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 49 BE IT HEREBY RESOLVED by the City of Columbia Heights, that WHEREAS, negotiations have proceeded between the International Union of Operating Engineers, Local No. 49, representing members of the Public Works Department, and the Metropolitan Area Management Association Negotiating Committee, and said negotiations have resulted in a mutually acceptable master contract for calendar years 1988 and 1989. NOW, THEREFORE, BE IT RESOLVED that the master contract agreement as negotiated, be and is hereby established as the wages and fringe benefit program for calendar years )988 and 1989 for International Union of Operating Engineers bargaining unit employees of the Columbia Heights Public Works Department. BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 12th day of September, 1988. Offered by: Paulson Seconded by: Carlson Roll call: All ayes Gary L. Peterson, Council President Jo-Anne Student, Council Secretary First Readin9 of Ordinance No. 1172; Bein9 an Ordinance Amendin9 Ordinance No. 853, City Code of 1977, as Amended, Pertainin9 to Building and Con- struction Codes The Council waived the first readin9 of Ordinance No. 1172. ORDINANCE NO. 1172 BEING AN ORDINANCE AMENDING ORDINANCE NO 853, CITY CODE OF 1977, AS AMENDED, PERTAINING TO BUILDING AND CONSTRUCTION CODES The City of Columbia Heights does ordain: Section l: Section 6.201(1) of the City Code of 1977, as amended, passed June 21, 1977, as amended by Ordinance No. 921, passed October )5, 1980, and as amended by Ordinance No. 1059, passed October 12, 1.983, which currently reads as follows, to wit: The State Building Code of the State of Minnesota, together with Regular Council Meeting September 12, 1988 page 3 Appendices D,E, and F, t973 Uniform Building Code Appendix Chapters 15, 38, qB, 49, 51, 57 and 70, Minnesota Plumblne Code Appendices B, C, D, E and F, and Flood Proofing Regulations, Sections 201.2 and 208.2, as currently amended, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said code shall be the Building Code. is herewith amended to read as follows, to wit: 6.201(!) Section 2: The 1987 Building Code of the State of Minnesota, Chapters 1300, 1305, 1310, 1315, 1320, 1330, 1340, 1355, 1360 and 1365, together with 1985 UBC Appendices Chapters 38 and 70 and Chapter t335 (Flood Proofing Regulations), as currently amended and to the extent that such Flood Proofing Regulations do not conflict with Chapter 9, Artlcle Itl of this Code, is hereby adopted by reference to regulate building and construction standards for work performed and materials used within the City. Every provision contained in said Code is hereby adopted and made a part of this Code as if fully set forth herein. The short title of said Code shall be the Buildi'ng Code. Section 6.202(1) of the City Code of 1977, as amended, passed June 21, 1977, and as amended by Ordinance No. 921, passed October 15, 1980, and as amended by Ordinance No. 1059, passed October 12, 1983, which reads as follows, to wit: The Uniform Housing Code, 1973 Edition, as amended, Inter- national Conference of Building Officials, is hereby adopted by reference.to regulate housing construction and maintenance standards within the City. Every provision contained in said code is hereby adopted and made a part of this Code as if fully set forth herein, except as hereinafter provided. The short title of said code shall be the Housing Code. Three (3) copies of said Housing Code shall be on file and available for in- spection at the office of the City Building Official. is herewith amended to read as follows, to wit: 6.202(1) Section 3: The Uniform Housing Code, 1985 Edition, as amended, Inter- natlonal Conference of Building Officials, is hereby adopted by reference to regulate housing construction and maintenance standards within the City. Every provision continued in said code is hereby adopted and made a part of this Code as if fully set forth herein', except as hereinafter provided. The short title of sald code shall be the Housing Code. Three (3) copies of said Housing Code shall be on file and available for inspection at the office of the City Building Official. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Regular Council Meeting September 12, 1988 page 4 First Reading: September 12, 1988 The second reading of Ordinance No. 1172 is scheduled for September 26, 1988. Special Purpose Fence~ 5108 Fourth Street, Ann Martinson The Council approved the specia) purpose privacy fence at 5108 Fourth Street provided property corners are located prior to installation of the fence. Traffic Commission - Stop Sign at Stinson Boulevard The Council authorized the installation of stop signs at Stinson Boulevard on North Upland Crest, Innsbruck Parkway, and Chalet Drive; and also authorized a stop sign at Argonne Drive on St. Imier Drive. Request by The 500 Club to Hold Third Annual Kielbasa Days The Council approved the request submitted by Frank J. Pastuszak, owner of The 500 Club, to conduct the Third Annual Kielbasa Days at 500 40th Avenue outdoors in the rear parking lot on September 17 - 18, 1988 between the hours of 3:00 p.m. and 7:00 p.m.. Revision of Offer at 44th and Central Avenues The Council authorized offering Chester ~and Elsie Latawiec $19,000 for easements on their property located at 4357 Central Avenue and also authorized the Mayor and City Manager to execute an agreement for same. Joint Powers Agreement for Municipal Project 8504 The Council approved the agreement for division of cost for concrete surface repairs and crack and joint sealing of 37th Avenue N.E. between Central Avenue N.E. and Stinson Boulevard N.E. between the City of Minneapolis and the City of Columbia Heights for Municipal Project 8504 (S.A.P. 1130101-O4) and authorized the Mayor and City Manager to enter into the agreement. Authorization to Purchase ReplaJement Turnout Gear The Council authorized the purchase of replacement turnout gear in an amount not to exceed $2,431.10 from Mid-Central, Inc. of Plymouth, Minnesota based on the Minnesota Fire Agencies Purchasing Consortium Bid #A-5744-M. Computer and Software Purchase The Council authorized the purchase of Activity Analysis Module software from MaSys Corporation for $3,750, which includes installation and training and the Mayor and City Maria§er were authorized to sign a contract for same. The Council authorized the purchase of one Mitac PCAT computer with !.2 megabytes floppy drive, 360K floppy drive, 30 megabyte hard drive, and a Samsung monochrome VDT from Modern Computer Service of Burnsville for $),625 and the Mayor and City Manager were authorized to sign a contract for same. Regular Council Meeting September 12, 1988 page 5 Civil Defense Appreciation Dinner The Counci) authorized up to $3,000 to be spent from the Civil Defense budget to host an annua] appreciation night for the Fire and Police Reserve Units and the Mayor and City Manager were authorized to enter into contracts as needed for this event. Authorization to Proceed with Hepatitis "B" Vaccination Program The Council authorized the City Manager to proceed with the immunization program for Fire Department personnel and authorized the expenditure of funds for the program in an amount not to exceed $3,000 in 1988 and $1,500 in 1989. Licenses The Council approved the license applications as listed upon payment of proper fees and waived the fees as indicated. Payment of Bills The Council authorized the payment of bills as listed out of proper funds. 4. Approval of Consent A~en~a Motion by Paulson, second by Carlson to approve the consent agenda items as presented. Roll call: All ayes 5. Proclamations/Open Mike Council President Peterson read the proclamation regarding Citizenship Week, September 17th through September 23rd in the City of Columbia Heights. He presented the petition to a member of the City's Bicentennial of the Constitution Committee. Bruce Nawrocki, 1255 Polk Place, advised the Council he will be presenting signed petitions regarding the Huset Park Project. He stated these petitions are addressed under the initiative portion of the City's charter. Since this matter was on the Council agenda it was determined to be discussed later in the meeting. Doug Hill, 3927 Tyler Street, inquired how additional street lights could be obtained for a certain block in the City. He was advised this could be done by a citizen petition for mid-block lighting and a public hearing would be held. 6. Ordinances and Resolutions a. Second Reading of Ordinance No. I168; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, and Conveying Part of Lot 12, Block 2, Walton's First Subdivision to Reservoir Hills Motion by Petkoff, second by Paulson to waive the reading of the ordi- nance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1168 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND CONVEYING PART OF LOT 12, BLOCK 2, WALTON'S FIRST SUBDIVISION TO RESERVOIR HILLS Regular Council Meeting September 12, 1988 page 6 The City Council of the City of Columbia Heights does ordain: Section Ordinance no. 853, City Code of 1977, shall be amended by the addition to the appendix of the language contained hereafter, to-wit: A) The City of Columbia Heights shall convey the following described real property to Joseph P. Macko and Sherri N. Macko, husband and wife, as joint tenants, to-wit: B) The southwesterly 10 feet of Lot 12, Block 2, Walton's First Subdivision of Reservoir Hills, Anoka County, Minnesota, as measured at right angles to and parallel with the southwesterly line of said Lot 12, Anoka County, Minnesota The Mayor and City Manager are authorized to execute a Quit Claim Deed conveying the said real property. C) Consideration has been received. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 22, 1988 September 12, 1988 September 12, 1988 Of Tered by: Petkoff Seconded by: Paulson Roll call: All ayes Gary L. Peterson, Council President Jo-Anne Student, Council Secretary I hereby certify that the above is a true and correct copy of an Ordinance passed by the Council of the City of Columbia Heights on the 12th day of September, 1988. City Clerk The property being addressed in this ordinance is located at 3952 Polk Street. b. Second Reading of Ordinance No. 1169; Being an.Ordinance Giving Pre- liminary Approval to a Combination Health Care and Residential Housing Program and Issuance of Revenue Bonds on Behalf of Crestview Lutheran Home Crestview Lutheran Home is proposing a board and lodging facility for elderly persons, consisting of 75 units. The project is be built in two phases, the first phase will have 50 units and the second will have 25 units if a need is indicated. Motion by Paulson, second by Carlson to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes Regular Council Meeting September 12, 1988 page 7 ORDINANCE NO. 1169 ORDINANCE GIVING PRELIMINARY APPROVAL TO A COMBINATION HEALTH CARE AND RESIDENTIAL HOUSING PROGRAM AND ISSUANCE OF REVENUE BONDS ON BEHALF OF CRESTVIEW LUTHERAN HOME The City of Columbia Heights (the "City") does ordain, as follows: Section 1. Recita)s. 1.01. By the provisions of Minnesota Statutes Chapter q62C, as amended (the "Act"), the City is authorized to plan, administer, and develop housing programs, as well as combination health care and residential housing programs, and to issue and sell revenue bonds or obligations to make or purchase loans to finance combination health care and residential housing developments within its boundaries, which revenue bonds or obligations shall be payable solely from the revenues of such developments. 1.02. The City has prepared pursuant to the Act a Housing plan for the City, which Housing P]an has been duly adopted by the City pursuant to the Act (the 'eHousing Plan"). The Act provides that, prior to issuing revenue bonds or ob) igatlons to finance a development des- cribed in Section 462C.05 subd. 7, of the Act, the City sha]i pre- pare a Program setting forth the information required by Section 462C .05, subd. 6, of the Act, submit the Program to the Hetropo]itan Council, and after holding a pub]lc hearin9 thereon, submit the Pro- gram for approval by the Minnesota Housing Finance Agency, as pro- vided in Section 462C.01 of the Act, on the basis of the considera- tlons stated in Section 462C.04 of the Act. 1.0]. Crestview Lutheran Home, a Minnesota nonprofit corporation (the "Corporation"), has proposed to undertake the acquisition, con- struction and equippin9 of a combination health care and residential housing development under the Act in accordance with the City's Housing Plan and pursuant to a proposed Program therefor (the "Program"), on file in the office of the City Clerk-Treasurer, a copy of which is attached hereto as Exhibit A. The description of the faci)ities set forth in the Program is incorporated herein by reference and made a part hereof (the '~Facilitles"). 1.04. Under the Program it is proposed that the City issue its Residential Care Faci)ity Revenue Bonds (the "Bonds") pursuant to the Act in such aggregate principal amount as may be necessary to finance the acquisition, construction and equipping of the Facilities, subject to the agreement by the Corporation to pay promptly when due ail the principal of and interest on the Bonds. 1.05. A public hearing for the Program was held on September 12, 1988, as provided in the notice of public hearing published in the City's official newspaper no less than 15 days in advance of the hearing. At said hearing all person present were afforded an opportunity to express their views concerning the Program. Regular Council Meeting September 12, 1988 page 8 Section 2. Approvals and Authorization. 2.01. The Program is hereby adopted by the City pursuant to Section 462C.04, subd. 7, of the Act, and the issuance of the Bonds of the City, in an aggregate principal amount of not to exceed $6,500,000 is hereby approved. The Bonds shall not be issued until the City, the Corporation and the purchaser of the Bonds have agreed upon the details of the Bonds and the provisions for their payment. The principal of, premium, if any, and interest on the Bonds, when, as and if issued, shall be pay- able solely from the revenues derived from the Facilities, in- cluding loan repayments to be made with respect thereto, and the property pledged to the payment thereof, and shall not constitute a debt of the City within the meaning of any con- stitutional, statutory or charter limitation. 2.02. The submission of the Program to the Metropolitan Council and the publication of notice of the public hearing held thereon hereby ratified, confirmed, and approved. The Mayor, City Clerk-Treasurer and other officers and employees of the City are hereby authorized to submit the Program, accompanied by the Housing Plan, and all required certificates, to the Minnesota Housing Finance Agency for review and approval pursuant to Subdivision 2 of Section 462C.04 of the Act. 2.03. Pursuant to Subdivision 1, Section 462C.07 of the Act, in the making of a loan with respect to the Program and in the issuance of the Bonds or other obligations of the City, the City may exercise, within its corporate limits, any of the powers the Minnesota Housing Finance Agency may exercise under Chapter 462A, Minnesota Statutes, without 1imitation under the provisions of Chapter 475, Minnesota Statutes. 2.04. The Corporation has agreed, to and shall pay any and all costs incurred by the City in connection with the Program and the Facilities whether or not the Program is approved by the Min- nesota Housing Finance Agency and whether or not the Bonds are issued. Section 3. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 22, 1988 September 12, 1988 September 12, 1988 Offered by: Paulson Seconded by: Carlson Roll call: Ali ayes ATTEST: Gary L. Peterson, Council President William J. Elrite, City Clerk-Treasurer Regular Council Meeting September 12, 1988 page 9 c. Second Reading of Ordinance No. 1170; Being an Ordinance Amending Ordinance No. 853, City Code of 1977, Pertaining to Signs Motion by Petkoff, second by Pautson to waive the reading of the ordi- nance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1170 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO SIGNS The City of Columbia Heights does ordain: Section l: Section 9.117A(8)(b)(i} of Ordinance No. 853, City Code of 1977, passed June 21, )977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: (il Any number of wall signs on any side of a building which faces a public street, not to exceed fifty (50) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (il Any number of wall signs on any side of a building not to exceed fifty (50) square feet of total surface area for all sign surfaces and limited to one surface per sign. Provided, how- ever that if a parcel of land on which a building is located directly abuts residentially zoned )and, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 2: Section 9.117A(9)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: (il Any number of wall signs on any side of a building whi£h faces a public street, not to exceed one hundred (1001 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (i) Any number of wall signs on any side of a building not to exceed one hundred (1001 square feet of total surface area for a)l wall sign surfaces and limited to one surface per sign. Provided,. however, that if a parcel of land on ~hi;¢h a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 3: Section 9.117A(lO)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, )988, which reads as follows, to wit: Regular Council Meeting September 12, 1988 page 10 (ii Any number of wall signs on any side of a.buiidlng which faces a publlc street, not to exceed one hundred (1001 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (ii Any number of wall signs on any side of a building not to exceed one hundred (1001 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 4: Section 9.117A(ll)(b)(i) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, as amended by Ordinance No. 1137 on April 25, 1988, which reads as follows, to wit: (i) Any number of wall signs on any side of a building which faces a public street, not to exceed one hundred (1001 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Shall hereafter read as follows: (ii Any number of wall signs on any side of a building not to exceed one hundred (1001 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. Section 5: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 22, 1988 September 12, 1988 September 12, 1988 Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Gary L. Peterson, Council President Jo-Anne Student, Councli Secretary d. Second Reading of Ordinance No. 1171; Being an Ordinance Vacating an Easement - Columbia Square I~otion by Paulson, second by Petkoff to waive the reading of the ordinance there being ample copies available for the public. Roll ca1]: All ayes Regular Council Meeting September 12, 1988 page 11 ORDINANCE NO. 1171 BEING AN ORDINANCE VACATING AN EASEMENT The City of Columbia Heights does ordain: Section l: That part of a utility and drainage easement lying within Lot 1 and the northerly 38 feet of Lot 2, Block l, North- western Addition, Anoka County, Minnesota, described as follows: beginning at a point 251.78 feet west of the south east corner of said Lot 2 thence proceeding along a bearing of N 45° 47' 11" E a distance of 200.34 feet, thence along a bearing of N 36° 43' 07" E a distance of 136.64 feet thence along a line parallel to the east line of said Lot 1 a distance of 16.74 feet thence along a bearing of S 36° 43' 07" W a distance of 123.22 feet thence along a bearing of S 45° 47' Ii" W a distance of 189.92 feet, thence west along the south i~e of said Lot 2 to the point of beginning, is hereby vacated. Section 2: Tills Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 22, 1988 September 12, 1988 September 12, 1988 Of.fared by: Paulson Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Gary L. Peterson, Council President 7. Communications a. Planning and Zoning Commission Alteration Permit - Sit Plan Approval - 3807 Central Avenue - Multiple Resource Investment Corporation Motion by Carlson, secondby Petkoff to approve an alteration permit for 3807 Central Avenue to convert the existing dwelling to a conforming office use. Roll call: All ayes b. Request by Columbia Heights Hockey Association for Class B Gambling License for The 500 Club Motion by Petkoff, second by Paterson to direct the City Manager to for- ward a letter to the State Charitable Gambling Control Board advising them of the inconsistencies in their application, however, indicating that the City of Columbia Heights has no objection to the issuance of a Class S charitable gambling license for the Columbia Heights Hockey Association at The 500 Club located at 500 40th Avenue. Roll call: All ayes Regular Council Meeting September ]2, ]988 page 12 8. New Business Improvements to Huset Park The City Manager advised that the bids received for the Huset Park Improvement Project exceeded the estimates substantially, He felt rebidding the project would be advantageous. The Public t~orks Director stated that the bid difference from the estimates was around $200,000. Motion by Carlson, second by Paulson to reject the bids received for grading, removals and salvages, utilities, fencing, landscaping, and paving in conjunction with the Huset Park Improvement Project since the bid prices greatly exceed the estimates for the proposed project. Roll call: All ayes Bruce Nawrocki, 1255 Polk Place, submitted a initiative petition stating it contained approximately 1,200 signatures. He read the petition and stated the reasons he supports denial of the Huset Park Improvement pro- ject. Discussion cont'inued regarding the chronology of this project and its funding. Some of the residents in attendance expressed their support or non-support of the project. Motion by Carlson to abandon the whole project. Motion dies for lack of a second. Motion by Pau]son, second by Petkoff to authorize the City Manager to proceed with a rebidding of various elements of the Huset Park Improve- ment Project with a bid opening to occur no later than October ]0, 1988. Roll call: Paulson, Petkoff, Peterson - aye Carlson - nay Nawrocki requested this matter be placed on the General Election ballot on November 8, 1988. Motion by Carlson to place this matter on the November 8th ballot. Motion dies for lack of a second. Motion by Pau]son, second by Petkoff to instruct staff to review costs and to contact community groups as to their feelings at this point in time and bring this information back to the Regular City Council Meeting on September 26, 1988. Roll call: Paulson, Petkoff, Peterson - aye Carlson - nay The City Manager and the Public Works Director had previously advised the City. Council it would be beneficial to engage the services of a construc- tion'coordinator and the Council concurred. Bruce Nedegaard of Nedegaard Construction was recommended for this work for the rebidding as well as the actual construction supervision. It was noted that Nedegaard Con- struction will not bid on any portion of the project, The City Attorney is presently putting together an agreement for the City and Nedegaard Construction which will include the fee for the work done. It was noted there will be no charges for Nedegaard Construction services unless the project is approved and the bids are let. Nawrocki expressed concern with an open end contract and felt the City could be subject to some litigation. The City Manager stated that the agreement will be in compliance with the legal interpretation of that portion of the City Charter regarding obligations. Motion by Pau]son, second by Peterson to authorize the Mayor and City Manager to execute a contract for professional services with Nedegaard Construction Company, Inc. of Coon Rapids for the purpose of providing construction supervision as regards Huset Park Improvement Project #8803 and it is consistent with the understanding that we are not charged until such time that the contracts are let and the fee is based on five percent of the contract and changes to the contract which is further capped by the budget to be determined by the City Council. Regular Council Meeting September 12, 1988 page 13 Roll call: Paulson, Petkoff, Peterson - aye Carlson - nay 9. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following item was discussed: New Hires: The following persons have been hired by the City Manager; Jeff Kline, Maintenance I in the Public Works Department effective August l, 1988 and compensation will be at the laborer rate as specified in the existing 49'er contract; Sandra Faris, Accounting Clerk I in the Finance Department effective September 6, 1988 and compensation will be in accordance with the AFSCME Local 495 labor contract; and, Kimberly Kolar, Part Time Meter Reader effective August 29, 1988 and compensation will be consistent with the AFSCME Local 495 labor con- tract. b. Report of the City Attorney The City Attorney had nothing to report at this time. Adjournment Motion by Paulson, second by Carlson to adjourn the meeting at 10:35 p.m.. Roll call: All ayes /6-Anne Student, Council Secretary ~dent