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Motion carried. Voting Yes: Mayor Reimann, Councilmembers DeLuca, Peterson and Pearson. Voting No: None. Absent: CouncilmemberCich. Case #20: Receive Bids For Sanitary Sewer, Watermain, Storm Sewer And Streets For Ri¥1yn Avenue (Improvement Project #89-13): Mr. Raatikka stated that the City received 9 bids for Project #89-13; the lower bidder was Kadlec Excavating. Motion by Councilmember Pearson and seconded by Councilmember DeLuca to adopt Resolution ~:)0-05-160 accepting bids for sanitary sewer, watermain, storm sewer and streets for Rivlyn Avenue (Improvement Project #89-13) and awarding contract to Kadlec Excavating for such improvement with said improvement contingent upon acquisition of sign easement agreements. Motion carried. Voting Yes: Mayor Reimann, Councilmembers DeLuca, Pearson and Peterson. Voting No: None. Absent: Councilmember Cich. Case #21: Amendment To Parks Maintenance Contract With J.T. Noonan: Mr. Otto stated that the City entered into a two year contract with J.T. Noonan last year. That contract include an escape clause for the city to terminate services if notification was received by April 1, 1990; the contractor received notification of termination on April 23, 1990 and he claims that is not in conformance with the contract and is willing to go to court to resolve the issue. A meeting was held on May 7 to review the conditions of the contract. At that time, Mr. Noonan indicated he would operate under the 90 day termination agreement and render services over that per/od for $19,000. City Staff reviewed the billing for a billing for a 90 day period in 1989 and it amounted to $16,550. An alternative was reached which Staff believes best serves the interest of the both parties. That alternative consists of J.T. Noonan providing services to the City for a period between 90 days and 6 months with a cost cap of $17,300. Upon inquiry of funds available to continue the contract with J.T. Noonan as outlined, Sandra Ashley indicated that a parks position was approved and budgeted for the full year of 1990; that position will be filled for 7 months of the year; the unspent dollars could be used to assist in fulfilling the agreement with J.T. Noonan; the remainder of funds necessary will have to come from the part-time positions that will not be hired. Councilmember Peterson suggested that J.T. Noonan's services be shifted to high use parks in order that the City will achieve the most value for it's dollar;, the City could also cut back on the amount of services in neighborhood parks. Motion bv Councilmember Peterson and seconded by Councilmember Pearson author/zing the City ,~dministrator and the City Attorney to finalize a supplemental agreement with J.T. Noonan (without increasing pa3', compensation or services outlined) and enter into said supplemental agreement to continue parks maintenance services for a period not less than 90 days and not exceeding 6 months with the cost of said services for that time period to exceed $17,300. Motion carried. Voting Yes: Mayor Reimann, Councilmembers DeLuca, Pearson and Peterson. Voting No: None. Absent: Councilmember Cich. City Council/May 22, 1990 Page 24 of 27