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HomeMy WebLinkAboutCC July 19, 1988 " 'CA. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 ", REGULAR CITY COUNCIL MEETING - JULY 19, 1988 7:30 P.M. 1. Call to Order 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Bent Creek Estates Preliminary Plat b. Coon Creek Regional Ponding c. Mamlock Fencing/Drainage d. Approve Deeding East 33' to property Owners NE of SW of Section 9 e. Assessment Policy Uplander Street 88-14 f. Final Payment 87-6 Commercial Park 7:30 P.M. g. Bond Sale h. Revision to Development Contract i. Request a Public Hearing on High Risk Sexual Conduct Ordinance j.' Purchase Property in TIF District k. 5. Staff, Committee, Commission a. Approve Installing Handicapped Signs b. Award Bid/Hawkridge Park c. 6. Non-Discussion Items a. Old Colony Estates Final Plat b. Accept Easements 88-2 Ward Lake Drive c. Award Bid 88-1 Crosstown Boulevard d. Approve Plans and Specs, Order Ad for Bid 88-13 Creekhaven; 88-17 Red Oaks Manor 5th; 88-21 Northwoods Tennis Court; 88-8 Old Colony Estates e. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment - - - CA. , CITY of ANDOVER .' 1685 CROSSTOWN BOULEVARD NW.' ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - JULY 19, 1988 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was ca1 led to order by Mayor Jerry Windschitl on July 19, 1988, 7:30 p.m., at the Andover City Hal1, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Ape] , Ell ing, Orttel Councilman absent: Kn i gh t Also present: City Attorney, William G. Hawkins; TKDA Engineer, John Rodeberg; City Administrator. James Schrantz; and others RESIDENT FORUM Charlie Veiman - reported on the progress of the Northern Anoka County SenIor CItizens Housing Committee. He stated they are In their second stage of the program of talking with consu1tants to determIne what Is real II' needed. He dIdn't feel any decisions would be made for one to two years. He asked the CouncI1 to keep In mind possible locatIons for thIs type of housing, whether it Is condominIums, high-rIses. etc. The consensus Is the only locatIon for such houses would be In Andover where sewer and water Is available. JIm Lund - explained a purchaser of one of the lots In hIs plat has run Into a problem in that he needs to get his house built because of the sale of hIs house. Mr. Lund explaIned he has scheduled the f i lIng of the plat In about two weeks. He asked for consideratIon to obtaIn a second bul1ding permit on the plat before it is filed, stating he is willing to to escrow a deposit wIth the City. There Is a road to the lot; I t Is a matter of gettIng tar to it. Mr. Lund also agreed to w lthho I d the issuance of a Certificate of Occupancy on the second house unti I the plat is fi led. Attorney Hawkins didn't see a problem with It, noting the Council can set out the conditions to allow Mr. Lund to do it. Counc i I acknowledged they held up the plat for several weeks in an attempt to route an MSA road through it and general II' had no problem with it. MOTION by Ortte]. Seconded by EI ling, that the Counc 11 authorize the developer of Lund's Evergreen Estates 5th Addition to receive the bui Iding permit for the proposed Lot 1 , Block 4. based on his providing an escrow account to the City to pal' for the potential paving of Zion Street and also escrow funds necessary to complete the surveying, and fIling of the plat for the one lot in the event that it does not Occur with the platting process as proposed; and note that no occupancy permit wi I I be given on the parcel untIl such time as the plattIng process Is completed; the reason the Council Is authorIzIng this is because the Counc i ] caused the delay In the completIon of the plat having to do wIth a search tor potential roadway through the property. Motion carried unanimously. -. Regular City CounciJ Meeting MInutes - July 19, 1988 Page 2 (Resident Forum, Continued) Art Raudio. deve]oper. Red Oaks 5th Addition - didn't realize he needed a mining permit to move the excess dirt from the proJect. He was wlJJlng to obtain that permIt, but was concerned about the t Imi ng scheduJe. wanting to get the plat ready for the Insta] lation of uti II ties. M.. Schrantz felt i f there Is a lot of dirt to be hauled off the site, a developer shouJd be treated the same as others who move dirt by having stlpuJatlons on the hours of hauling, dust con tro I , etc. That permit would be handled a]ong with the preliminary plat. Counc i I stated Mr. Raudio did not need to apply for the mIning permit, but the staff wi II work with him regarding the City's concerns when dirt is hauled off site. Robert Povol. 2577 136th Avenue. Hidden Creek - was before the Park and Recreation Commission and was disappointed to find out that they are not planning to add more equIpment to the south end of the smaJ ler park. Last year he was under the impressIon more equipment would be added this year. The Chairman thought the larger equipment had been ordered for that park, but apparentJy there was a mlscommunciation because the sma]ler equipment had also been ordered for the larger part of the park along Bunker Lake Boulevard. And he was told no additional monel' would be al]ocated for the park because of Its sIze. Mr. Povol stated there are so many children In that deve]opment for such a sma I J apparatus to be used. And no funds are beIng consIdered for next year to add something to the park to accommodate the number of ch i I dren . His concern now Is for equipping the big park. Frank Stone, Pub]lc Works Supervisor, stated the Park Board thought they had ordered a large section; but the size dictated more of the size of equipment Insta]]ed. The Park Board to]d Mr. Povol that they would add onto the equipment, but they didn't know when it cou]d be budgeted. Counc i ] agreed to discuss the matter wIth the Park Board Chairman at a future meeting. Marv Schmidt. 1310 138th Avenue. Hills of Bunker Lake - was concerned that in their development one builder is buildIng a number of homes within a three-block radius that are baslcal Jy alike, and this is a concern to the rest of the neighborhood. She was told by the P & Z that she wou]d be sent a summary of the codes, but she never receIved it. The Building Official has said there is nothing that can be done; and the deveJoper was sympathic but also cannot do anything. Mayor Windschltl stated an ordinance was recently passed to prevent this very problem. requesting the Staff to mai I her a copy of it. Sophie KozlowskI. 1021 Crosstown Boulevard - asked if the MITS is going to put the heavy pipeline on the west sIde of her. She received a letter from them but didn't understand what was being done. Regular City Council Meeting Minutes - JuJy 19, 1988 Page 3 (Resident Forum, Continued) Mayor Windschitl explained they have agreed to put the heavy-waJJed pipe from her house south. And the Counc I I requested that they extend that heavy pipe to north of Highway 20. Mrs. Kozlowski - was concerned about the vibrations from the trains when they come through the peatland, thinking the heavier pIpe is needed for protection. Mayor Windschitl suggested she talk with WilJiam Barbeau at the State Pipeline OffIce of Safety regardIng those concerns. Patrick G. Hanlev. 16236 Tulip - has asked for "HandIcapped Children" sIgns to be p]aced 200 feet on each side of hIs property. It is a grave] road and people speed down it, as well as those riding three and four wheelers, etc. He has a handicapped child that does not have the ability to get out of the way very fast. Counc II noted the Item is already on the Agenda. AGENDA APPROVAL MOTION by Elling, Seconded by ApeJ, that we accept the Agenda as presented. Motion carried unanimousJy. BENT CREEK ESTATES PRELIMINARY PLAT Councilman E]ling questioned whether there was written consent from Thomas McCabe to include his land with the preliminary plat. Steve Campbell. developer - stated Mr. McCabe has told hIm he did not wish to have his property platted and would not give hIm any reason. Councilman Elling then thought the plat would have to be redrawn to elIminate the McCabe property. Counc i ] discussIon with Mr. Campbe I I was on the resultant loss of two Jots in which the costs would have been shared by Mr. Campbe I I and M.. McCabe. M.. Campbe I I stated they would not be altering any of the lots. Counc II was then concerned what happens wIth the assessments because there would no Jonger be a unanimous petItion; and the cost per lot to Just Bent Creek Estates would Increase considerably. Mayor Windschitl though t the proJect wouJd have to proceed under the 429 proceedings If Mr. McCabe no longer partIcipates In the plat. M.. Schrantz explaIned Mr. Cabe would probably only be assessed for two lots. wIth one only getting a watermain assessment. Regular City Council Meeting Minutes - July 19, 1988 Page 4 (Bent Creek Estates Preliminary Plat, Continued) Tom McCabe - stated he would probably be developing his lots In the future. Mayor Wlndschitl expialned If he and the developers can work together for the assessments, his portion could be eliminated from the prelIminary plat and It can be filed. M.. Campbe I I - explained he told Mr. McCabe that he hdS to move ahead with this plat. M.. McCabe does have the cost figures tha t would be involved; and Mr. McCabe he doesn't want to proceed, he wi II have to do whatever is necessary to go ahead wi th it. M.. Campbe J ] asked what happens If Mr. McCabe divides his lots or has to obtain access to hIs property In the future. Mayor Windschltl explained in a simillar cIrcumstance. the developer paid for the entire assessment; and at such time as the property owner wanted to develop, he would pal' for the fu II sewer and water benefit. But i t wou I d pu t M.. Campbe I I at a disadvantage of having to pal' additional costs on the development. If a public hearing is held, the Counc I I would decide the assessment issue. Mr. Campbe I I - stated he wouldn't want to pal' for all the assessments up front; but if that was the way it turned out, he said it wouldn't discourage him from developing the property. He would prefer to see a deferred assessment. Attorney Hawkins noted that means the City funds that cost for his development. Counc I I also noted if an assessment hearing were held and the decision was to assess the adJoining property, Mr. McCabe's property would be assessed, which Is not the same as a deferred assessment. Mayor Windschitl stated ideally if a petition was received from both M.. Campbe I I and Mr. McCabe agreeing to the assessments for utilities, the plat could proceed rather quickly. Counc i I noted wI thout the approve I of M.. McCabe, the plat wi] I have to be redrawn. Attorney HawkIns stated the preliminary plat can be approved subJect to the redrawing of It wIthout those three Jots. Mr. Campbe I I - stated he would like to start a house on Lot 1. Councilman Orttel thought that would be the least rIsk since it already has sewer to it and water can be obtained from across the road. Mr. Campbe J 1 - stated he would discuss the situation with Mr. McCabe one more time regarding the assessments. MOTION by Elling, Seconded by Apel. that we approve the prel iminary plat of Bent Creek Estates contingent upon the developer redrawing the plat to eliminate Lots 9, 10 and 11, that property owned by Mr. McCabe. (See Resolution R162-88) - Regular CIty Councl1 MeetIng Minutes - July 19. 1988 Page 5 (Bent Creek Estates Preliminary Plat, Continued) DISCUSSION, Counc 1 ] noted the variances would not be needed if Mr. McCabe's property is eliminated from the plat, and the park dedication would be reduced by the amount of Jots taken out. Mr. Campbe 1 1 understood there Is a 7-foot difference between Mr. McCabe's property line and Lot 8. which wou1d Increase the sIze of Lot 8. Counci Jman OLttel noted if that is the case, It makes Mr. McCabe's property not buildable because there would not be enough frontage. As it Is proposed, Mr. McCabe's Lot 9 actuaJly Includes 7 feet of Mr. Campbell's property. Mayor Windschltl noted an alternative would be for Mr. McCabe to purchase the 7 feet of property from Mr. Campbe J J . Mr. Campbe I I agaIn agreed to discuss it further with Mr. McCabe. VOTE ON MaTI ON: YES-Ape 1 , EI ling, Windschitl; PRESENT-Orttel as he owns property adJoining both of the parcels. Motion carried. COON CREEK REGIONAL PONDING MOTION by OrtteJ, Seconded by Apel, to move the item of the Coon Creek Regional Ponding to the next meeting provided the requested information is received. Motion carrIed unanimousJy. MAMLOCK FENDING/DRAINAGE Mrs. Mam10ck. 138th Lane NW - showed pictures of the Jot and the problems that are encountered. She explained they were misled by their builder when purchasing that ¡ ot. They were toJd that the road would never be there and that there would be residentiaJ Jots behind them. She has now been made aware that the plans for the road were there a]] the time. Bi J I Mam10ck - stated they were toJd by their buiJder that the road property was actually theirs. The builder claimed that when Good VaJue pJatted the Jots, there was no IntentIon of puttIng In the street. Mayor Wlndschitl stated the alignment was actuallY determined by Good Va1ue Homes. Mrs. Mamlock - stated they have since found that out. The problem Is they are now Jooklng Into aJJ the commercia} property across from Verdin, and the drainage ditch makes It dIfficult for them to build a fence across their back yard. She stated there is no way to avoid not looking at the commercial area from their upper level; but it Is the lower 1eve] where they spend time In the back yard that they are concerned about regarding Jights, traffic accidents, etc. If they put up a 6-foot fence, which is al I they are a] lowed, on the property ] Ine, whIch Is in the middle of the draInage ditch, they would be lookIng even wIth the road from their back patio. Regular City Council Meeting Minutes - July 19, 1988 Page 6 (Mamlock Fencing/Drainage, Continued) BI I I Mamlock - was also concerned about the safety, noting if a car ever swlrved off Verdin, it could end up Janding at their back door or bedroom. They are only looking at something that would deter the cars from coming into their lot. CouJd the City put a berm along the road to stop the traffIc? Council discussion was on the drainage ditch and possible solutions to the problem, noting a row of popular trees with norways planted behind would be the most effective, though long-term, solution. No one thought the county would allow bermlng of planting trees on the road rIght of way. Mayor Wlndschi t I was also concerned that the CI ty not get Involved In a developer-builder issue. M.. Mamlock stated they were compensated for the fence, but In the end lose those funds also. The buIlder pleaded Ignorance to the entIre thing, that no one ever disclosed to him about the road and commercial property. The representative from Brandon Construction that mlsJed them was Dave Mattson. Mayor Windschitl suggested Mr. Schrantz discuss the matter with both Good Value Homes and Mr. Mattson to see if this can be resolved prlvateJy. Councilman Orttel also felt I f there Is a perceived danger of vehicles comIng off the road, the county has a responsibility to possibly put up posts and cable along the road. Councilman Elling also suggested the Staff ask Good Value about the final grading of the outlot and how if affects the drainage ditch. Mayor Wlndschitl felt if the Mamlocks and their builder want to do something on the Mamlock's property such as retaining walls, fence, etc~, the City would work with them. He asked if they would prefer to work on their own property. Mr. Mamlock - feJt there were two alternatives. either put in a retaining wall on which they could build a 6-foot fence, or get an variance to take the privacy fence to the east side on City property, ou t of the drainage ditch, to put it at road level. Mayor Windschitl felt It would have to be at the property line, not In the right of way. He thought the City would be willing to grant a varIance to run It down the lot line. M.. Mamlock - stated the north end would be fine, but on the south end, the fence would stili be eye level with the road. Counc I J man Orttel suggested the ordinance be changed to allow a fence height that would take into account the mean ground level. such that he could put In a 12-foot fence on one end but the overa I I effect would be that of a 6-foot fence. Or allow a hIgher fence on thoroughfare streets. Counc i I agreed to carry the I tern over to allow the Staft to discuss the matter with those parties involved. Regular City Council Meeting Minutes - July 19, 1988 Page 7 APPROVE DEEDING EAST 33' IN NE OF SW OF SECTION 9 TO PROPERTY OWNERS Attorney Hawkins reported it Is not easement, as the City acquired it In fee; and therefore the conveyance would be by deed. M.. and Mrs. Snvder - stated they have no idea what anyone else's situation Is; the only parcel Is theIr Jot whIch they purchased In 1974. In 1976 this was given to Attorney Jim Neilson to be straightened out because there was a problem with the deed and back taxes. The deeding was stralghted out, but the back taxes weren't. They were never notified that It was tax forfeited. They originally bought the two pieces, but were only taxed on the one piece. Then they bought that strIp agaIn, but they were not aware of the back taxes. And they were unable to register it. It wasn't untI I this spring that they found out about the back taxes and that the City of Andover had owned it. Now they want to buIld on that side of the lot and need to have this strip of land. MOTION by EIJing, Seconded by Orttel, that we authorize the City Attorney to convey the 33-foot easterly strip abutting the Snyder property at 2820 167th Lane NW. Motion carrIed unanimously. ASSESSMENT POLICY ON UPLANDER STREET/IP 88-14 Mr. Schrantz stated he has been unabJe to talk to Mr. Chapman regarding the vacant/unbuildable lots along UpJander. After Counci I discussion, it was agreed to go to the public hearing with the two optIons of either al lowing every lot to be built upon and assessing every lot for the road or leaving the vacant lots as unbulldable but dividing the cost of the proJect among the buildable parcels. Then the residents will be able to choose which option they want. APPROVE INSTALLING HANDICAPPED SIGNS MOTION by OrtteJ. Seconded by Apel, that the Council authorIze installation of "Handicapped Child" sIgns facIng both north and south in the vaclnlty ot 16236 Tulip Street NW, two signs. DISCUSSION: M.. Hanley felt It would be better if the signs read "ChIldren at Play" and not make reference to "handIcapped." Councilman Orttel AMENDED Motion to remove "Handicapped Child" and change it to "Children at Play." Motion carrIed unanimously. Regular City Council Meeting Minutes - July 19, 1988 Page 8 NON-DISCUSSION ITEMS Mt·. Rodeberg asked to have the Northwoods Tennis Court/88-21 proJect removed. The bids came in considerabJy higher than they expected, approximately $40,000. They are Jooking at either hiring some local earth workers or to moving the tennis court to another location. MOTION by OrtteJ, Seconded by EI ling. approvaJ of Items 6a, Oak Colony Estates Final Plat (See Resolution R163-88); Item 6b. Accept Easements 88-2 Ward Lake Drive; 6c, Award Bid 88-1 Crosstown Boulevard (See Resolution R164-88); 6d, Approve Plans and Specs, Order Ad for Bid, 88-13/Creekhaven (See Resolution RI65-88); 88-17 Red oaks Manor 5th (See Resolution RI66-88) and 88-8 Old Colony Estates <See ResolutIon RI67-88) as presented. Motion carried unanimously. PURCHASE PROPERTY IN TIF DISTRICT Clavton Steffensen. PIN 34 32 24 31 0006 - stated he Is haJf owner of the property. He stated he knows that nothing has been dumped on the land, unless it has seeped Into that area. Counc i I noted it Is the property offered to the City by the finance company, and the City turned it down because of the new I egl sl ati on regardIng hazaçdous waste. The question Is whether theçe is any hazardous waste on the parcel so that i f the City bought it, the City would be responsible for cleaning it out and assuming the I labi J I ty attached to ownership of property. Attorney Hawkins stated the lot is a logical extension to the commercial area, but not if it is going to cost hundreds of thousands of dollars. He felt the City would have to get a clearance from the EPA and MPCA that there is no hazardous waste on that site. The Counc i I didn't think they could get such a clearance. It was then agreed the purchase of this property at this time would be too risky and declined to to purchase the parcel. Counc i I recessed at 9:20; reconvened at 9:26 p.m. FINAL PAYMENT/87-6/COMMERCIAL PARK M.. Rodeberg reviewed his July 12, 1988, letter regarding the final payment of the CommercIal Park Phase I and Verdin Street Grading. That final payment was approved by the Council on July 5; however Gammon Brothers, the contractor, has contested the final payment and dIsputes the quantItIes related to the extra work created by delays and inaccuracIes in the solIs report. Regu]ar City Council Meeting Minutes - July 19, 1988 Page 9 (Final Payment/87-6/Commercial Park, Continued) M.. Rodeberg stated he has not been able to meet with Mr. Gammon regarding a settlement, but would like to get a final payment to him next week. He felt It would be at least half of the mobiJization costs. But in the meantime, ML Rodeberg recommended paying the undisputed amount of $31,351.99 that was previously approved. At the next meeting, he wi J J ask for final approva I , which wi II include only the mobiJization charge. MOTION by OrtteJ, Seconded by Apel, to so move. (Payment of 31,351.99 to Gammom Brothers). Motion carried unanimously. $5.000 BOND SALE Attorney Hawkins opened the six bids received for the $5,000 GO Bond Sa Jew i th 10-year maturity and no call features. Bids received were: Piper, Jaffrey. Bid Price of $493,750, Total Interest Cost of $186,050 for a net interest rate of 6.7654 percent. Moore Juran, Bid Price of $494,500, Total Interest Cost of $186,350 for a net Interest rate of 6.7763 percent. American National Bank, Bid Price of $494,060, Total Interest Cost of $186,265 for a net interest rate of 6.7732 percent. Miller Securities, Bid Price of $493,000, TotaJ Interest Cost of $188.300 for a net interest rate of 6.8472 percent. First Bank, Bid Price of $94,750, TotaJ Interest Cost of $184,150 for a net interest rate or 6.6963 percent. Norwest Investment Services, Bid Price of $94,000, Total Interest Cost of $185,000 for a net Jnterest rate of 6.7272 percent. Attorney Hawkins recommended the low bid of First Bank. MOTION by Orttel, Seconded by EI ling, introducing a Resolution awarding the sale of $5,000 General Obligation State Aid Street Bond Series 88B, fixing their form and specifications, directing their execution and delivery, and providing for their payment; and note that the sale Is made to First Bank CapitaJ Markets for a sale price of $494,750, totaJ interest cost of $184,150, the net Interest rate of 6.6963 percent. (See Resolutions R168-88 and RI69-88) Motion carried unanImously. Regular CIty CouncI] MeetIng Minutes - Ju]y 19, 1988 Page 10 REVISION TO THE DEVELOPMENT CONTRACT Attorney Hawkins obtained development contract forms from other communIties and found an insurance provision in several of them whIch he felt the Counc i I should consider. It wou]d require the developer to maintain I iabll i ty Insurance naming the City as an insured for one year after the CIty has accepted the improvements to correspond wIth the warranty period. The reason for i t is when the final plats are approved, the easements are dedicated to the City, yet the City has a contract wIth the developer doIng some work on the City's easement. If someone does get hurt. there mal' be an opportunity to name the City as a defendant. Mayor Windschltl stated thIs is alreadY furnished through the contractor's license, so he felt this mal' be doubling the coverage. He also felt the real prob]em is not for the larger-sca]e developers, but he felt it would be very dlfficu]t tor the smaller deve]oper to obtain that Insurance. Counclman Ortte] thought the developer is the one who should be concerned, and a contractor should obtaIn an owner's protectIve policy and name the developer. He wasn't aware of an Insurance code for the deve]oper. He also thought the City should adJust al] its certificates to disallow the disclaimer regardIng cancellation wIthout notIfIcation. Counc I I discussed possible situations where people working on City property would not have Insurance, including on easements of accepted proJects. contractors for Public Works, and other services performed for the City. CouncIlman Orttel explaIned there Is no extra charge for the additional insured endorsement, and he dIdn't think a million dollar 1 Iabi I i ty is out of line for governmental work. MOTION by Elling, Seconded by Apel. that we accept this to be Included in the Development Contract; and It sha II read "Developer and/or its subcon tractors sha II" (on Line 1) and 12 months. Motion carried unanimously. Mayor Wi ndsch it I asked the Attorney to look at the CIty's exposure, particularly when contracting In the Public Works area. Counci lman Orttel also recommended a standard insurance certificate and insurance requirement form to be used for subcontractors that work directJy for the City. REQUEST A PUBLIC HEARING ON HIGH RISK SEXUAL CONDUCT ORDINANCE Mayor WindschItl stated this ordinance has been lQoked at by both the Staff and the Planning Commission, and he understood the P]anning CommIssIon has taken the position that they wI]] not give this ordinance a hearIng unless 1 t is dIrected by the City Council to do Regular City Council Meetl ng Minutes - July 19. 1988 Page 11 (Request Public Hearing/High Risk Sexual Conduct Ordinance, Continued) so. They are looking at some revisions to ordinances that would be preventive, but not deal wi th the Issue. He recommended the Council move a request to the Planning Commission to hold a public hearing at the next available date so the ordinance can at least be heard. Counc II discussion was on reasons for holding a pUblic hearing, with CouncIlman Orttel feel ing it i s ti me the City take action on the sexual conduct taking place at the Vapors. which is what he has heard from reliable sources. He also felt by not holding a hearing, the Counc i I is telling the residents they don't care what is happening. He though t it would be wIse to begin the process so i f i t is decided an ordinance Is needed, it would be ready to put in place as soon as the court decisions are made on the Minneapolis and Indiana ordinances. Counc il man Ape I also felt that regardless of any establishment, it is in the CIty's interest to hold the public hearing for public input. And because of the issue of a fairly contageous disease of a severe nature which is spread through highly sexual conduct, he feJt it is somethIng that shouJd at least be considered. Councilman Elling questioned why something needs to be done now. He has found that there has been no citations ever cited for the Vapors. The Marion County, Indiana, ordinance was upheld by a lower court, but i t is in appeals court right now. The Minneapolis ordinance has also been challenged, and they are still waiting for a Judge's opinion as to whether or not I t Is unconstItutional. In talkIng with the Minneapolis attorney who is knowledgabJe on this issue, there must be actual citations given out by the police department stating there has been this type of activity taking place. He felt It is premature to be considering an ordinance until i t is known how the Minneapolis ordinance fares in court. Mayor Windschitl didn't see what would be gained by delaying a hearing on the ordinance. It is a health-related issue. He also felt 1 t is the Council's obligation to legislate for the health and welfare of the City at large. After discussing the issue further. it was agreed to take pUblic input on the ordinance. MOTION by Ape I, Seconded by Orttel. that the Counc il direct the Planning and Zoning Commission to hoJd a pUblic hearing on a High Risk Sexual Conduct Ordinance at the earliest possibJe date, which I understand would be August 9; and direct the Staff. therefore, to publish the pUblic hearing notice. Motion carried unanImously. Regular City Council Meeti ng Minutes - July 19, 1988 Page 12 AWARD BID/HAWKRIDGE PARK MOTION by Ortte1. Seconded by Apel, that the Counc I J award the construction bId for HawkrIdge Park to Renollett Trucking In the dollar amount of $4,829.20, they being the lowest bidder on the proJect. Motion carried unanimously. TKDA/UTILITIES TO THE SCHOOL M.. Rodeberg informed the Council they have receIved a letter from C. W. Houle requesting an extension for the installation of utilities to the schoo I . He said he told them there Is no room for an extension because the school must have water by August 1. They talked about another solution of hooking up the water from the Joop In Winslow Hills to supply water. They wi II aJso agree to pump the sanitary sewer line i f they are not to the end by August 1. The company is concerned about liquIdated damages, saying they worked as hard as they could. M.. Rodeberg stated under the circumstances the company has worked as hard as they could with the size of their company. He asked If they provIded other services to be sure the school has Its utilIty use by August 1, would the Council be wIlling to overlook the liquidated damages. He did not want to give them a time extension, but wouJd be agreeable not to assess liquIdated damages If the school was serviced by August 1. Counc I 1 noted its concern to service the school by August 1 , as that Is the commitment made to them. After discussing the situation with M.. Rodeberg and being assured all the tests wIll be done and they wI I 1 work with PubJlc Works regarding their concerns, the Counc I I was agreeable to Mr. Rodeberg's proposal. PERSONNEL ITEMS Councilman Orttel stated the Personnel Committee reviewed the issue of the Assistant Engineer's position. M.. Schrantz felt if the posItion would have to be refl1led. It would be a ]arge void in the City right now because of all the development. Plus it would have to be refil led at the market rate in the metropolitan area. Research indicated the City is paying under the market for that position because it was originally an Engineering TechnIcian's position and the title was recently changed. The current salary for this position would even be inadequate for a one-year technician position. CouncIlman Orttel reported the Committee recommended a salary adJustment for the AssIstant Engineering positIon as proposed by the City AdmInistrator, which Is a salary of $27,000 plus overtIme for 1/2 for of the Planning and Zoning and Park Board meeting time. The other half would be comp time. There would be nothing extra for Regular City Council Meeting MInutes - July 19, 1988 Page 13 (Personnel, Continued) CouncIJ meetings, as that would be a part of the hourly wage. The estImate is that there would be six hours of P & Z, four hours of Park Board per month; half of that Is five hours for comp, half for overtIme. It amounts to about $1.164 for one year for a total of $28,164 per year for the posItIon. MOTION by Elling, Seconded by Apel, that we adJust the compensation for Todd Haas to a salary of $27,000 and adopt the additional overtime pal'. Motion carried unanimously. Councilman OrtteJ stated the City AdminIstrator had a compensatIon plan that involved a number of positions in the City; however, the Personnel Committee will have to review it further at salary time. It appears there Is a trend in some cIties that is drIving the cost of those positions up. Councilman Orttel also reported the Personnel Committee looked at Mr. Schrantz's proposal to hire a Finance Director to help with the financIal area. The Job description that has been prepared Is similiar to what was read to the Council at the July 12 speciaJ meeting and would involve purchasIng, budgeting, Investing, bIdding, assessments, etc., and workIng on the computer and po~~IbJy to take over some personnel duties. Mr. Schrantz stated he would get copies of that Job descrpltlon to the CouncIl for theIr review. DIscussion was then on the positIon of the City Planner. Mr. Schrantz asked to have that position tlJ led as soon as possibJe. Marge Perry, PlannIng and Zoning Commission Chairperson, stated Mr. Morel' has been very helpful to the P & Z both personally and professionally. She felt the CIty Is at a point In its deveJopment where that kind of expertise Is needed to help in Jong-range planning as well as short term. She very strongly urged the CouncIl to till that posItion. Counc i I agreed, directing Mr. Schrantz to readvertise to fIll that positIon. APPROVAL OF CLAIMS MOTION by Apel. Seconded by Elling, that the Counc j I approve CJaims for July, 1988, beginning with Check Number 14869 through Check Number 14982 in the amount of $1.078.077.45. Motion carried unanimously. MOT! ON by Ape I , Seconded by El ling, to adjourn. Motion carried unanimously. Meeting adJourned at 10:30 p.m. \~ Re,spectf~1 II' ~bI?1tted,_ L \ ~~ C( .~.'<./ N ~ella A. Peach Recording Secretary