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FALCON HEIGHTS CITY COUNCIL MINUTES -5- October 8, 2003 Approval of Stipulation Settlement with Pizza Hut (continued) Council member Talbot asked if Pizza Hut owns the land. Will this change if Pizza Hut decides to not relocate? Attorney Foli said Pizza Hut doesn't own the land (they are a tenant), and if they decide to not relocate, that is not covered in this document. Council member Lamb said the City is the pass through owner. Administrator Worthington said there is a provision in the agreement that stipulates that Pizza Hut/Sky Ventures will be entitled to liquidated damages if the new building is not substantially completed within 36 months from termination of the lease. Mayor Gehrz asked if the design of the lighting and signs will be covered with a separate agreement. Administrator Worthington said the signage is covered in the PUD agreement. The City doesn't allow blinking or flashing signs. The signage will be canopy type with a narrow name band above. Pizza Hut will not be able to use their typical corporate model for that site. Lindstrom moved approval of the settlement agreement for Sky Ventures, LLC and Sherman Associates, Inc. for the relocation of the Pizza Hut restaurant on the SE Corner of Snelling and Larpenteur Avenues. The motion was unanimously approved. • Approval of Expenditure to Repair Related to Fire Truck 757, Aerial Apparatus Administrator Worthington said that the aerial apparatus purchased by the City in 1993 experienced a water leak at the base of the Tele Squirt. This leak caused a problem with water pressure to the high pressure nozzle on the end of the Tele Squirt equipment, and disabled the nozzle. Fire Department staff found this leak prior to the State Fair, but did not want to remove the truck from service for the two weeks needed in order to repair the leak, so waited until the Fair was over. (This equipment can go up to a 5-story height.) The original estimate for repair was more than $12,000; however, the final bill was only $8,995.27. Because this was an emergency repair situation, the City Administrator authorized the Fire Department staff to go forward with the repair prior to Council action. The Department is now seeking approval for the expenditure, which was, of course, not accounted for in the 2003 Budget. This cost can be covered in the Fire Capital budget. Kuettel moved approval of the expenditure of $8,995.27 from Fire Capital to repair Fire Truck 757, Aerial Apparatus. The motion was unanimously approved. REPORTS FROM COUNCIL MEMBERS: None INFORMATION AND ANNOUNCEMENTS: Mayor Gehrz reminded the cable audience that the second CERT training program begins • October 20 and registration needs to be completed by October 16. 108339