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MINUTES REGULAR CITY COUNCIL MEETING OCTOBER 12, 1983 PAGE ~ FALCON HGTS. The news release from School District 623 requesting the appointment RESIDENT TO of a Falcon Heights area resident to the Community School Services BE APPOINTED Advisory Council was noted. The information will be published in the TO COMMUNITY Council Newsletter and posted. SCHOOL ADV. COUNCIL II '' L__J Councilmember Chestovich, on behalf of the Park and Recreation Commission, asked Attorney Van de North whether or not the Commission can determine the use of green space. Mr. Dan de North informed that the Park and Recreation Commission could make their feelings known to the Planning Commission, which in turn reports to Council. Councilmeanber Chestovich then inquired as to how the cash paid in lieu of park land or the interest from that cash may be used. Attorney Van de North wi11 research the matter and report back at the neat meeting. Council approved mailing of a letter drafted by Councilmember Ciernia to Mike Heffron, General Manager of the State Fair, regarding a park- ing ticket received b9 a fair goer. Councilmeanber Chestovich moved, seconded by Mayor Warkentien, adoption of Resolution 83-35. Motion carried unanimously. RESOLUTION 83-3b A RESOLUTION AUTHORSZING FINAL PAYMENT OF $26,173.05 TO MIDWEST PAVING AND RECYCLING FOR THE 1983 SEAL- COATING PROJECT (NORTHOME AREA) RESOLUTION 83-36 Mayor hTarkentien presented a request for final payment to Westland Construction in the amount of $10,211.58. Engineer i+emberg reviewed his letter of October 12, 1983 as we11 as several calls he has made to Westland Construction regarding iteans needing completion on the Community Building. Councilmenber Larson questioned whether making final pent would make then respond to the completion when continual telephone calls had not triggered completion. Mayor Warkentien suggest- ed that a partial payment be made and money held back for the uncompleted work. Engineer Lemberg explained that Westland Construction has not paid the subcontractors and he felt withholding would be ur~ir to those contractors, however, the City needs to force their hand and make Westland pay their debts and declare them in default if the warranty items are not completed within a certain period of time. Attorney Van de North advised Council not to make final payment unless the City receives lien waivers fran the subcontractors. ATTORNEY TO RESEARCH USE OF CASH IN LIEU OF PARK LAND LETTER TO MIKE HEFFRON APPROVED ~tESTLUND CONSZRUCTION REQUEST FOR FINAL PAYMENT DISCUSSED Upon recommendation by Engineer Lemberg, Mayor Warkentien moved, seconded by Covncilmember Chestovich, that a letter be sent to Westland Construct- ion and the bonding company giving a period of ten days from the date the letter is written to complete the items indicated on the October 12, 1983 letter from Bonestroo, Rosene, Anderlik and Associates, Inc., and upon completion of those items and receipt by the City Clerk Administrator of valid waivers from the ma3or subcontractors, that final payment would be made, and, furthermore, the one year warranty will start at the date of that payment. Councilmenber Eggert offered an amendment to the motion indicating that Council approval is needed before final payment. The amendment was accepted by Mayor Warkentien and Councilmeaaber Chestovich and upon a vote being taken, the motion carried unanimously.