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HomeMy WebLinkAboutCC March 2, 1992 /' .. ~ .../ 7:30 P.M. ./- "\ U , --.-./ CITY of ANDOVER Regular City Council Meeting 7 March 2, 1992 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Ed Lutz Sketch Plan 2. Rezoning/Variance - Donna Green 3. Variance - T. Johnson/172xx Tulip Street NW HRA Meeting 4. ACCAP proposal 5. Award Bid/Lindgren Property Closed Meeting with Attorney Staff, Committee, Commissions 6. Schedule Hearing/Kelsey-Round Lake Park 7. Schedule Hearing/Trunk Sewer Extension 8. Fire Department 9. Andover Express Delivery Non-Discussion Items 10. Probationary Increase/Public Works Employee 11. Salary Adjustments/Public Works Supervisors 12. Approve Gambling Permit/Andover Alano Society 13. Accept Petition/92-4jWinslow Hills 2nd Addn. 14. Appoint Election Judges/presidential primary 15. Acknowledge Policy/Bad Check Fees 16. Receive January Financial Statements Mayor/Council Input Approval of Claims Adjournment " "\ ---J 4",~'<"i""'''''''''''''''\ it" "\ ~1"."", :,.:~ "{;"I~J <i 1, , ''l~ _of' 't~~~~' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION -; \ "-J DATE March 2.1997. AGENDA SECTION 1 ORIGINATING DEPARTMENT APPROVED FOR NO, Approva of Minutes AGENDA Admin. ITEM Approval of Minutes Volk t~. NO. BY: V. BY: The City Council is requested to approve the following minutes: February 18, 1992 Regular Meeting February 18, 1992 BRA Meeting \ '-.) '......I MOTION BY ~r TO COUNCIL ACTION SECOND BY r ,;,:,>~;""C""'''""'''''''\'\'' i' "i,\ ~t II / ,. il . 1 J1o~ -if '---/ '\'." , .,i' """",.,. ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION -0 DATE March 2, 1992 AGENDA SECTION NO. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ~ ITEM NO. I. Ed Lutz Sketch Plan BY: Andover Review Committee BY: The owner of the property has requested the city to discontinue reviewing the sketch plan until further notice if any. r "-- 'J MOTION BY COUNCil ACTION SECOND BY , r ~r TO ~) i/:~,'<"d"""'~'~'''''''\:l "'..... ~.:.'. ;,1 I1 ~i. 4 \" ~'~,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION o DATE March 2, 1992 AGENDA SECTION NO. ORIGINATING DEPARTMENT \) Planning ~ David L. carlberg city Planner APPROVED FOR AGENDA Discussion Item ITEM1\ez(var. vonna l3reen NO. Bunker & Crosstown Dr. ~. NW - R-4 to NB BY: BY: REQUEST The Andover City Council is asked to review the request of Donna Green to rezone from R-4, Single Family Urban to NB, Neighborhood Business the property legally described as: Outlot A Creekhaven (PIN 33-32-24-13-0071) Ms. Green is also requesting a variance for the size or area requirement of the lot and the lot width at the front setback line. Please review the attached staff report presented to the Planning and Zoning Commission on February 11, 1992 for further background information. APPLICABLE ORDINANCES '-./ Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries. . -./ Ordinance No.8, Section 5.03 (B) establishes the criteria for granting a Special Use Permit. These same criteria shall be used for rezoning requests as well. Ordinance No.8, Section 5.04, defines and establishes the variance procedure. Ordinance No.8, Section 6.02, sets the minimum lot requirements for and NB District. Ordinance No.8, Section 4.14, establishes the minimum building setback requirements for business districts adjacent to residential properties. COUNCIL ACTION MOTION BY TO SECOND BY \ , l r / ~ '--./ , \ ~ , '\ "J Page Two Rezoning/Variance Donna Green March 2, 1992 '--./ PLANNING AND ZONING COMMISSION REVIEW AND RECOMMENDATION The Planning and Zoning Commission, at their February 11, 1992 meeting, recommended approval of the rezoning request and in doing so cited the reasons indicated on the attached resolution. For further detailed information on the public hearing, please consult the meeting minutes included in your packet materials. Attached for Council review and approval is a resolution reflecting the motion of the Planning and zoning Commission. "-/ \.J CI'!'Y OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. R -92 ,j "--/ A RESOLUTION GRANTING THE REZONING/VARIANCE REQUEST OF DONNA GREEN TO REZONE THE PROPERTY LEGALLY DESCRIBED BELOW FROM R-4, SINGLE FAMILY URBAN TO NB, NEIGHBORHOOD BUSINESS AND TO VARY FROM THE AREA AND THE LOT WIDTH AT THE FRONT SETBACK LINE REQUIREMENTS. WHEREAS, Donna Green has requested a rezoning from R-4, Single Family Urban to NB, Neighborhood Business on the property legally described as: Outlot A Creekhaven (PIN 33-32-24-13-0071) WHEREAS, Donna Green has also requested a variance to the area and the lot width at the front setback line requirements on the above legally described property; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03(B) and that there is no negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and / '\ \..~ WHEREAS, the Planning and Zoning Commission finds that the request is also in compliance with Ordinance No.8, Sections 5.02 and 5.04; and '-/ WHEREAS, a public hearing was held and there was opposition to said rezoning in regard to the traffic conditions from the site on Bunker Lake Boulevard NW; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the rezoning requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission to rezone the above legally described property from R-4, Single Family Urban to NB, Neighborhood Business. BE IT STILL FURTHER RESOLVED, that the City Council approve the variance request to the lot area and lot width at the front setback line requirements on the above legally described property. Adopted by the City Council of the City of Andover on this 2nd day of March, 1992. CITY OF ANDOVER Kenneth D. Orttel, Mayor \ , ) ATTEST ''-J Victoria Volk, City Clerk '~ ~J . '\ '_/ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION February 11, 1992 DATE I ~ AGENDA ITEM 3. Public Hearing - Rezoning/variance R-4 to NB - x-town Dr. & Bunker Lake - Green -ORI'SINATlNG DEPARTMENT ~ Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission is asked to review the request of Donna Green to rezone property from R-4 Single Family Urban to NB, Neighborhood Business. The property is legally described as: Outlot A Creekhaven (PIN 33-32-24-13-0071) The applicant is also requesting a variance for the size of the lot and the lot width at the front setback line. APPLICABLE ORDINANCES Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). \..~ Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special Use Permit. These same criteria shall also be considered in the determination of granting a rezoning request. The criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If the Commission chooses to deny the rezoning request, it is imperative that the Commission indicate findings of fact in this and all rezoning cases. Ordinance No.8, Section 5.04, defines and establishes the variance procedure. "J Page Two Rezoning - Corner x-town & Bunker Lake Donna Green February 11, 1992 \ ,j \..J Ordinance No.8, Section 6.02 establishes the minimum lot requirements for an NB, Neighborhood Business District. The minimum requirements are as follows: Lot Area Lot Width at Front Setback Line Lot Depth Front Yard Setback Any Yard Setback (major arterial) 2 acres 150 feet 150 feet 40 feet 50 feet Ordinance No.8, Section 4.14, requires properties zoned as business adjacent to residential properties to have minimum a building setback of thirty-five (35') feet from the property or lot line. GENERAL REVIEW The applicant in addition to the rezoning request is also asking that a variance be granted on the lot area requirement of 2 acres and the lot width at the front setback line of 150 feet. The applicant has 1.47 acres in area and 135 feet at the front setback line respectively. The City has in the past granted similar variances. ,) ''-.J COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the rezoning/variance request of Donna Green to rezone property from R-4 Single Family Urban to NB, Neighborhood Business legally described above. The Planning Commission finds that the proposal meets the criteria established in Ordinance No.8 Section 5.03(B) and Section 5.04. B. The Andover Planning and Zoning Commission may recommend denial of the rezoning/variance request of Donna Green to rezone property from R-4 Single Family Urban to NB, Neighborhood Business legally described above. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.03(B) and Section 5.04. C. The Andover Planning and Zoning Commission may table the item. STAFF RECOMMENDATION " '1 ,,_/ Staff recommends option A. \..J " '-.J / . \ ~:> " ~' .j:~;i~tf~?',.;~: ......... , ,'t, ..j:. 'Y.s ~ / ')to , ,>o~o~ \. ~ ". "'0 $0. " ~ "'~ .' , -1t '6'.5'0 ....... ~ ....... ~ ,'-, '.......... ~ <"al. I ',~ ~s ''''~ '--.-v. <: 0.... ~ '6ao 6'1./ ~ r..... 36'. .,. ~ " ~ -to'';y ~ / -\:60<'<5' ~. ....., 0<,0.0 ~~o 'S.,~ '-..... ............ I o~ tJ.L -, '<:.....-J,t,o~:<8.J1, -...;:~ '-.....<?A<.~ . I ~~ ~ \.-.-J " 10 l' p E:'. x G -_ C ---?"~ I , I , I , , ! i '....fr ::;: . . ..,~ , , i " , \ I '--" \ ,'. '--.,..:...., \ ..... .......... . . '-' c . .... I ~:J, ,. G ~ , A:,""JOVl I /v ~ '\ ,t( ......~'V ,- -"50- , I I I . . ; I I I 01 It)1 ----.... , , \ - -' .---- - -- 'Z14.G9 I '-N.88056'30"E.. Cl ~ ::5 COUNTY STATE AID tD HIGHWAY NO. 16 I " , , I , I , I I ' I , I I I o 1.0 , I ~ Cl ~ 1.0 ff) o ~ :Z ~ <<I . ..,. - . 0 lO II).... ". _;:1 - olD OtT) !2o ~ v) .' ....- - - - - - - - ..~ : ..~ ,;.: ; 1 i .. .....- , --~ , 349.09 / :: : "., : : ~..~,. ~-~7-- .....-.s 88056'.30"~ r.:::"'t ;u: :::i ,:.: . . " .. ... .,.,.. .. , ,.. .. ------.... .. ...- ... . ,...., I I I , I " ' -../ I -South line ot'the S.w. V4. of The N.E. Y4 0; Sec. 33, T. 3Z, R. Z4 '----",' 5~ /' / .0' \ =- Ul f- tJ , , 'J / '\ '--' ~,. \.~'.. . .' ,::0;' . ......',.i.... . ',j /1"- '. ,\:.'" '. N-"~~: :~~;:.~~~. -. :J r1V ,._.~ CITY of ANDOVER REZONING REQUEST FORM NW Property Address CC)r~ n. Cr ot: ~n.b~(' L-ukC2. '"BivJ ~ C{,OS5+~ {\, Legal Description of Property: (Fill in whichever is apporpriate): Lot Block Addi tion plat c.l'eek.hqv~1Parcel a.lt!{)/-/t PIN R 33 3;l.;;2,i /3007/, OIC){:.,L/c2.( (If~metes and bounds, attach the complete lega ) .. . _________N____________________________________________--------------- .~~~.. Reason 'for . .J!O Request ~~ ~d- /7YJ~ ./)?1fvJ2Jd~ ,r. Current ZOning;;~i~..;CK 4 Requested zoning ~ E:> ....;......~" --------------~~----------------------------------------------------- "'~ Name of Address Home P~&\. Phone Signa~~~~... Date --------------------------------------------------------------------- property Owner (Fee Owner) (If different from above) Address Home Phone Signature Business Phone Date --------------------------------------------------------------------- ~) , " ~'--_/ F '\ "J REZONING PAGE 2 The following information shall be submitted prior to review by the city of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. ' 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fee: $150.00 Filing Fee: $ 15.00 Date Paid /....p!-tfJ- Receipt # 4tJ370 Rev. 8-01-91 C) CITY of ANDOVER 7.'30 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 VARIANCE REQUEST FORM property Address Nu.) t1flf~ t .pBl1>t.k",," [elk:" _ 8(~rJl -1- Cr~:.'s~'-b.:.t""-~" Legal Description of property: (Fill in whichever is apporpriate): Lot Block Addition PlatCr<<.~~.....parcel t\.d.li-+-A.- PIN 33-~Z-2~ - F,-~c>71 (If metes and bounds, attach the camp ete ega) ********************************************************************* a~ of Request '11~ ~ ~? ~~ /(;J/~/L4~ ~ 0.#- F'A..n.td- A.I- ~ Description Specific Hardship ~. 1 J# ~-J section of Ordinance 5.D4- Current zoning A-4- ********************************************************************* Name of Applicant DQV\I'r'" L. GrEJ/' Address ~Z~O- /37r:b Lf) AI lJ nfrlt/etC Home Phone .~~ Business phoue 7Zb- ~ ;(9'70 Signature ~_ Date /- ~ --92 ********************************************************************* (51~ property Owner (Fee Owner) (If different from above) Addre-ss ' Home Phone Business _phone / '\ i ,J Signature Date_ - - ********************************************************************* - - - o , '\ \--./ .' '\ o VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: .' 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures wi thin 100 feet. 2. Application Fee: Single Family Other Requests - ~~ ~ Date Paid 1/:>'772- Receipt * * S-2..3 Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the city Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. If the City Council finds that the request if it will be in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. o , '\ ~ -" '\ , \..J .~ CITY of ANDOVER CITY' OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, February 11, 1992 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Donna Green to rezone the property located at the northwest corner of Bunker Lake Boulevard NW and Crosstown Drive NW from R-4, Single Family Urban to NB Neighborhood Business. LEGAL DESCRIPTION Outlot A, Creekhaven (PIN 33-32-24-13-0071). All comments will be received at that time and location. ~ty Clerk Publication dates: January 31, 1992 February 7, 1992 Tom McCabe 2732 NW Bunker Lake Blvd Andover, MN 55304 r-rald Hoiderness ,~/30 NW Crosstown Blvd Andover, MN 55304 " Glen Porter 13778 Northwoods Dr. Andover, MN 55304 Curt Sivertson 13769 Northwoods Dr Andover, MN 55304 " ,j !' -" I 'J Speedy Market 13725 Crosstown Blvd NW Andover, MN 55304 James Novak 13777 NW Northwood Dr. Andover, MN 55304 Wayne Goodrich 13786 Northwoods Dr. Andover, MN 55304 Randy Teigland 13761 Northwoods Dr Andover, MN 55304 Tim Donohue 2733 NW Bunker Lk Blvd Andover, MN 55304 Todd Novotny 2725 - 137th Lane NW Andover, MN 55304 Steve Zickermann 13785 Northwoods Dr. Andover, MN 55304 " '\ ".J ~..;,...i~i,C~""",,""CI<r. "'~t" "''',''' ,;" '" .\' '\ a fj' ;.~ ~"l 'ii, , '\ ,,7" "I:~ ....' "~;~,~~,< CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 ITEM NO. -..:3. v cu. UUI.o nlllcn 17xxx Tulip St. NW Johnson David L. Carlberg, City Planner BY: DEPARTMENT ~ APPROVED FOR AGENDA AGENDA S.ECTION . NO. D1Scusslon Items ORIGINATING Planning BY: REQUEST Thomas and Shareen Johnson have requested a variance to Ordinance No.8, Section 6.02, lot width at the front setback line on the property legally described on the attached resolution. BACKGROUND \ I The Johnsons are requesting a variance to the lot width at the front setback line as a part of a metes and bounds lot split. The shape of the lot prevents the Johnsons from meeting the requirement of a lot width of three hundred (300') feet at the front setback line as specified in Ordinance No.8, Section 6.02. For further information please consult the attached Planning & Zoning Commission report dated February 11, 1992 and the minutes from the meeting included in your packet materials. '- PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission, at their February 11, 1992 meeting, recommended approval of the variance request by Thomas and Shareen Johnson due to the lot shape and location. Attached is a resolution for Council review and approval. COUNCIL ACTION MOTION BY ~-) TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA :...J RES. NO. R -92 A RESOLUTION GRANTING THE VARIANCE REQUEST OF THOMAS AND SHAREEN JOHNSON TO ORDINANCE NO. 8, SECTIO~ 6.02 WHICH REQUIRES THE LOT WIDTH TO BE THREE HUNDRED (300') FEET AT THE FRONT SETBACK LINE ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, Thomas and Shareen Johnson have requested a variance to Ordinance No.8, Section 6.02 which requires the lot width to be three hundred (300') feet at the front setback line on the property described as: The North 694 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, Anoka County, Minnesota; Except the West 660 feet of thereof, Except Roads; Subject to Easements of Record (PIN 08-32-24-12-0011) AND The South 34 feet of the North 364 feet of the West 660 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, Anoka County, Minnesota; Except Roads; Subject to Easements of Record (PIN 08-32-24-12-0012); and '\ ',J WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to the unique shape of the property which would preclude the property owner reasonable use of his property; and WHEREAS, the Planning & Zoning Commission finds that the parcel has a lot width at the front setback line of thirty-four (34') feet and that the request does not meet the established setback requirements specified in Ordinance No.8, Section 6.02; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No.8, Section 5.04; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby approves the request of Thomas and Shareen Johnson for a variance to Ordinance No.8, Section 6.02 which requires a lot width of three hundred (300') feet at the front setback line. Adopted by the City Council of the City of Andover this 2nd day of March, 1992. CITY OF ANDOVER , \ \j ATTEST: Kenneth D. Orttel, Mayor Victoria Volk, City Clerk ,. '\ , '.-/ CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION February 11, 1992 DATE AGENDA ITEM 4. Variance Width of Lot at Front Setback Line - 17xxx Tulip st. NW - Johnson -ORIGINATING DEPARTMENT ~ Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission is asked to review the request of Thomas and Shareen Johnson for a variance to Ordinance No.8, Section 6.02, lot width at the front setback line on the property legally described as: The North 694 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, Anoka County, Minnesota; Except the West 660 feet thereof, Except Roads; Subject to Easements of Record (PIN 08-32-24-12-0011). The South 34 feet of the North 364 feet of the West 660 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, Anoka County, Minnesota; Except Roads; Subject to Easements of Record (PIN 08-32-24-12-0012). .: ) APPLICABLE ORDINANCES Ordinance No.8, Section 5.04, defines and establishes the variance procedure. If the Commission chooses to deny the variance request, it is imperative that the Commission indicate findings of fact in this and all variance cases. Ordinance No.8, Section 6.02 establishes the minimum lot requirements for an R-1, Single Family Rural District. The minimum requirement for the Lot Width at Front Setback Line is 300 feet. The Johnson's, due to the shape of the lot, have a lot width of thirty-four (34') feet at the front setback line. Therefore, the Johnson's are requesting a two hundred and sixty six (266') foot variance. / " "-J ~) ~J Page Two Variance - Lot Width Front Setback Line 17xxx Tulip Street NW Johnson February 11, 1992 COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the variance request of Thomas and Shareen Johnson on the property legally described above. The Planning Commission finds that the proposal meets the criteria established in Ordinance No.8 Section 5.04. B. The Andover Planning and Zoning Commission may recommend denial of the variance request of Thomas and Shareen Johnson on the property legally described above. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.04. C. The Andover Planning and Zoning Commission may table the item. STAFF RECOMMENDATION Staff recommends option A. ) I VI ""wuvr-~/I' N i/4 CORNER .' SE'C. 6'r ~~ 'J;.J.:'::". _ _ -J..~ I 'J'~\'~ '--\_: --/-, ,~i .~~ .. <,~ :-\"1 I ~ , ~ @ " ...... ..?~+5."'7 ,f'u, ...... I --t; . ~ I \:i .~~! ~ 's~ ,. ~ :!: .' (It)) '" ~ 'J -. i 0\ .. " " ,.' '., ../~~ .... , :, ., .. (II) ~~o 1r 'I H ....... lJ ,.. ., ..... /NJ: ~ 1 I I OJ ! ...... ...-..... .. ................ .....--. .(5) OJ} ~_._" I :~~ ,'f". )~ ~ " -, , I "',;---./ f',.I<. -. " (.9) -.., I I 0 o I "' I I I . - 0 IJi ~ (2) ~ ~ .. .. ,. (.t1 ) L~ (9) 28) ~ (3) (900) ~ ~ - r-- ~ , I ~ I ----I BOOK 790 PAGE 191 L:u'l: Eu~elll'l:lll (/I) ~--.IIrf. ~ PAr/its 1.. ""Jc. 4. 7,/5 (.z) 6: .,., zoo z""" z_ MO~ (.1) (4.) ~'" I f2 ~~ \ .. " , 0\ .....~~;.#.... .J'". "p /Y. ~aa ,- "- <) , "- .~ - - I I ) 1 --I octo ouGa , ') '-~/ - ....,j l" p , '" ~ '> CJ Q D \ ~ - - - G'" ,ro () o :1?~ ~~4 . r~ ~ ,0 Ii' I~ c - l"t (', ~ \ - \ I'f , , i \ \. " '"" \ '\ - - t CJ o o o o p~ pp~ os-, o ~, " '\ j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Property Address VARIANCE REQUEST /'1 X'I y - ,.-;z; I, 'D / FORM SJ /V u.J ;I~U Legal Description of property: (Fill in whichever is apporpriate): Lot Block Addition plat parcel PIN (If metes and bounds, attach the complete legal) ********************************************************************* cJ-r ~ Request ;( ~.uA ~.J.btU'~, V~ ~ I~/- f/ Lur-d-fL Description of Specific Hardship ,)4 3 /,,/- '\ ,j Section of Ordinance s: 04- Current zoning ;(- / {p,01- ~, .Y 1e ~ ************************************~~******'************************ Name of Applicant _~b Ma..<.> Address \ (z. 03 T ",,-I; p H~me Phone -1{<;3g Slgnature ~___ _~ ~ 5t Ska..re.~ '^ t.).tAJ_ jo~"'-,>ol"\ Business phone Date 2.-2--1"2- ********************************************************************* Property Owner (Fee Owner) (If different from above) Address - Home Phone Business Phone F \ , j Signature - Date **********************w***********************************~*********- ,~J :~ :-J VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: " 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family $ 75.00 Other Requests - $100.00 Date Paid 7- -3- - Cjz... fos-os- Receipt * Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. If the City Council finds that the request if it will be in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ." J '-_../ 'l~""P""""''''''',\, i ~ """,.,",. ,"'" ' ~ ~t l,j " J , I \" / ,~~,,~'T CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 2, 1992 DATE AGENDA SECTION NO. HRA Meeting ORIGINATING Planning DEPARTMENT.~ APPROVED FOR AGENDA ITEM NOjj Consider ACCAP Proposal BY: David L. Carlberg city Planner BY: REQUEST The Andover City Council is again requested to consider a proposal by the Anoka County Community Action Program (ACCAP) to purchase a multi-family property of 4-6 two (2) bedroom units in a neighboring community and to contract with a housing service provider. The purpose of the project is to combat the increasing number of homeless people in Anoka County. The ACCAP is asking the City to allocate a minimum of $7,750 to the project from 1992 Community Development Block Grant (CDBG) funds. Staff on February 28, 1992 contacted Patrick McFarland, Executive Director, ACCAP, for further information on the proposal. Mr. McFarland indicated the following: '--' 1. The project will combat the increasing number of homeless single people. 2. A person can use the facility for a maximum of 30 days while housing is found through a service or at a transitional housing facility. 3. The average stay at the facility is usually not more than a week. 4. The maximum number of singles staying at the facility is nine (9). 5. Mr. McFarland estimates that at the most six (6) one-time Andover residents would be served by the facility annually. 6. Mr. McFarland stated that at this time no community in Anoka County has not contributed to the proposal. COUNCIL ACTION f- SECOND BY , l~:"""""'~"'~"""'''';'" ii i> p I DJ"",' . ,,',;-, . ,,:\ 1 o 7't." ".,1" .",,</,/ ~,~)<!;~" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 AGENDA HSECTMION t' NQ IRA ee Ing ORIGINATING DEPARTMENT Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA ITEM NO. .s: Approve Bid Lindgren Property BY: BY: REQUEST The Andover City Council acting as the Andover Housing and Redevelopment Authority (HRA) is requested to review and approve the highest bid submitted by Charles Cook, Continental Development Corporation, for the purchase of the Lindgren property located at 1719 Andover Boulevard. The bids on the property are as follows: 1. Charles Cook, Continental Dev. Corp. $13,250.00 10,550.00 6,900.00 2. Tony Emmerich, Tony Emmerich Const. '- 3. Carl Saarion Attached for Council review are the bid letters received indicating the terms for the purchase of the property. Bill Hawkins, City Attorney has been consulted on the terms of the highest bidder and does not forsee any problems with the terms. The appraised land value according to Curtis A. Larson is $13,200. COUNCIL ACTION '- MOTION BY TO SECOND BY o CONTINENTAL DEVELOPMENT CORPORATION 12093 ILEX STREET COON RAPIDS, MN 55448 " February 21, 1992 City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 RE: Sale of property at 1719 Andover Boulevard Dear Sirs: This letter shall constitute an offer to purchase the property described in the attached advertisement. The terms of my offer are: Sale price: I / 3, :z 5"0 Payment: Cash Closing: On or before July 30, 1992. ~) Contingencies: 1) This offer is contingent, at the Buyer's option, upon the City of Andover approving the final plat of Pinewood Estates with a road and lot pattern in the area relative to this property, being substantially similar to the attached sketch plan or with another road and lot pattern acceptable to the Buyer. 2) This offer is further contingent, at the Buyer's option, upon the property being purchased under this offer being included in the M.U.S.A. district, and upon city sewer and water being made available to the property, and upon the property being re-zoned to R-4. Other terms: - Real estate taxes shall be pro-rated to the date of closing. Any outstanding or pending special assessments and any special assessments levied to the current years real estate taxes shall be paid in full by the Seller. Seller shall provide evidence of good and marketable title. Any other terms and conditions usual and necessary for the Buyers development and use of the property as may be required. If the City finds this offer acceptable, we may negotiate a Purchase Agreement including the above terms and conditions. I await your response. I may be reached at 757-7568. Respectfully, ~J ~f~ Charles S. Cook, President Continental Development Corporation :) " , '\ \...~ \ ,-~ ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ADVERTISEMENT FOR BIDS CITY OF ANDOVER MINNESOTA The City of Andover is accepting bids for the sale of the property located at 1719 Andover Boulevard NW. The property was purchased in October of 1990 with Community Development Block Grant (CDBG) funds. The property is located west of Hanson Boulevard NW (County Road No. 78) on Andover Boulevard NW (County Road No. 16). The property is 1.48 acres and is zoned R-3, Single Family Suburban. Due to the possibility of City sewer and water being available in the near future the purchaser should consider rezoning the property to R-4, Single Family Urban. . For further information on the lot please contact David Carlberg, City Planner at 755-5100. Sealed bids must be received by the City Clerk before 4:00 p.m. on February 21, 1992. The City Council reserves the right to reject any and all bids. i~~. Victorla Vol , City Clerk Publication Dates: February 7, 1992 February 14, 1992 / ( . 1/1 '-tl-' :..,.- (~ rv f\J -.... '.I ~'\' \ "1 ;'" " " '- /' -\ ~ '~ .. . " :.. : I ) ) ," '~ __. "I . I ' ,'~- "" l ," ,-"'. //6 f '----. 1 \ i \ \ \, I ..1/ ,/ f!. ) ,-- - 1 r" '/ ,(--,-V \~ ) .' " "'t'1- - ). ( t' I '. ( ~'o;- .-. -. '- '- '- , $> II. , () t2,'X 6 U _._.~..l , IE i! :..... (J ./ \. \..J , '\ 'J / 'J '-_/ I;' .Y'-, TONY EMMERICH HOMES " Feb. l7, 1992 City of Andover 1685 Crosstown Blvd. NW. Andover, Mn. 55304 ATTN: Victoria Volk, City Clerk RE: 1719 Andover Blvd. NW. I submit my offer to purchase the property owned by the City of Andover at l719 Andover Blvd. NW., consisting of approximately 1.48 acres. I am willing to pay $10,550.00, with 20% down and a 1 year Purchase Money Mortgage at 9% interest. I would expect the City to pay the first l/2 of the taxes payable in 1992, and expect the City to certify that there are no abandoned wells or hazardous waste on the property. for your consideration, Construction, Inc. 2619 Coon Rapids Blvd., Suite 101, Coon Rapids, MN 55433 February 18, 1992 c) Carl Saarion '-J 270 Little John Dr Circle Pines, MN 55014 " , David Carlberg, City Planner City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Bid on 1719 Andover Blvd NW Dear Mr. Carlberg, The following is my bid on 1719 Andover Blvd NW, as per your advertisement for bid in the Anoka paper. Carl A. Saarion and/assigns will purchase the above property for a price of $6,900,00. The purchase will have the following conditions: \ '-J 1. A down payment of $900.00, and 6 payments of $1,000,00 each to be made every year on March 1, starting 1993 and ending on March 1, 1998 2. Taxes due and payable in 1992 would be split, with the City of Andover paying the first 6 months and I would pay the last 6 months. All taxes after which would be paid by me. 3. The above sale would be contingent on the approval of my attorney, Stewart F. Kvalheim. I look forward to hearing from you. You may reach me at 786-4438. Sincerely, C u:d C. Carl A. Saarion , " , ) -j . \ ,--~ i~"''''''"0'''''~'\,, l '\ i;,',,!,'l :~" ,i '\ B \" ,i' '''''",_../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 AGENDA SECTION NO. staff, Committee, Comm. ORIGINATING DEPARTMENT Todd J. Haas APPROVED FOR AGENDA ITEM Schedule Hearing/ N06. Kelsey-Round Lake Park BY: ,~ Engineering BY: The City Council is requested to schedule a public hearing for Kelsey-Round Lake Park to discuss the location of the parking lot at the south end of the park which is required prior to processing the final approval of the grant that has been requested by the City. Attached is the letter that indicates the additional information required. The Environmental Assessment Statement will be completed by staff and submitted with the revised site plan. '-_/ Possible Hearing Dates March 17, 1992 at 7:30 PM - Regular Scheduled Meeting March 19, 1992 at 7:30 PM - Schedule Joint Meeting with Park and Recreation Commission with hearing March 26, 1992 at 7:30 PM - Special Meeting Staff will notify all adjacent abutting properties to park. './ MOTION BY TO COUNCIL ACTION SECOND BY . Minnesota Department of Trade and Economic Development , . Community Development Division February 19, 1992 900 American Center 150 East Kellogg Boulevard St. Paul, MN 55101-1421 612/296-5005 Fax: 612/296-1290 -:J - --...-.--- RECEIVEn I f ,-d 2 11992 U ;- Mr. Todd Hass Asst. City Planner 1685 Crosstown Boulevard Northwest Andover, MN 55304 RE: FY 92 Outdoor Recreation Grant Kelsey Round Lake Park City of Andover, Anoka County CITY OF ANDOVER Dear Mr. Hass: As you are aware, your Outdoor Recreation grant request for Kelsey Round Lake Park has received preliminary approval. The following checklist contains the additional information needed to process final approval of your grant request. Submit only those items that are marked off. )( Environm~ntal Assessment Statement (form enclosed) Payment information form Revised cost breakdown DNR permit Army Corps of Engineers permit Warranty Deed of proper~y to be developed .. \ Revised site plan ( 1".~~~'\"~"';vV'lJ Federal certification regarding debarment Federal certification regarding lobbying x / '1 ~ In addition, you will be contacted by the Minnesota Historical Society if a historical survey is needed for your project site. If a survey is requested, it will need to be completed before final approval of the grant is given. Do not incur any project costs. Any work done, money spent, or obligations incurred for acquisition or development of your project, prior to final approval. are ineligible and cannot be paid for with grant funds or used as local share. If you have any questions, please contact me at 612/297-4831. Sincerely. ~(D Linda Wick Grants Manager Outdoor Recreation Grants Unit .'\ ~ OR/18-CP Enclosure An Equal Opportunity Employer ;l~r<"'''''''"~''''''''''''~\ ; " ~ ~ ~)\ j ~~, ;'# """'-..... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 staff, Committee, Comm. ORIGINATING DEPARTMENT Todd J. Haa~ APPROVED FOR AGENDA AGENDA SECTION NO. ITEM NO~ Schedule Hearing/ Trunk Sewer Extension BY: Engineering BY: The City Council is requested to schedule an informational hearing regarding the possible extension of sanitary sewer to those areas in the vicinity of 161st Avenue NW and Nightingale Street NW. If the City Council wishes, the staff could schedule an informational hearing. If councilmembers are available they could attend and participate in the discussion. Possible Dates Thursday, March 12, 1992 at 7:30 PM Monday's and wednesday's are also a possibility. '--- COUNCIL ACTION '---' , MOTION BY TO SECOND BY 'l~''''''C'''''''''',\ !' \ ~~J j~ .~\ / ''',;, "" "~~~i'1\ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SEC[ION . NO. Sta f, Comm~ttee, Comm DATE ORIGINATING DEPARTMENT March 2, 1992 APPROVED FOR AGENDA Admin. ITEM NO. g. BY: v. VOlk~.D' BY: Fire Department Attached is the report from the Public Safety Committee that was requested by Council. Council also asked to discuss the possibility of placing the fire department under the supervision of the City Administrator. "-- r ' MOTION BY I TO COUNCIL ACTION SECOND BY "-' PUBLIC SAFETY COMMITTEE REPORT .' ) ".--> A meeting was held on February 6, 1992 with the Fire Department, Jack MCKelvey presiding as chair and Don Jacobson. Allegations had been made of improper, if not criminal happenings on the Fire Department. Included are my findings for the meeting and items brought to our attention written up by Don Jacobson. The fire dept. is answering the items from Mr. Jacobson's sheets so I will follow them. 1. Selling Or Trading of city Equipment Without Proper Authorization A. The sale of SCBA Equipment to Rogers Fire Department without placing the air bottles out for bids - Deputy Chief Mashuga put Rogers Fire in contact with Captain Jim Pierson, in charge of air equipment and not knowing that it must be placed up for bid, the air tanks were sold at the price the Fire Dept. had agreed on and the check was sent to Howard Koolick and deposited. B. Deputy Chief Mashuga while attending school in Duluth donated some hose the Fire Dept. could not use to the Duluth Fire Dept. and the Duluth Fire Dept. in turn donated two hot sticks for handling hot wires. He stated this is regularly done and was unaware this should have been brought to the council for approval first. A class by Anoka Electric is scheduled shortly to learn the use of hot sticks. No other equipment has been sold or traded. / '\ o 2. Possible conflict of interest on purchasing training from Anoka Vo Tech - The attorney states he does not believe it is a conflict. The training committee selects the classes. The chair of that committee, Deputy Chief Mashuga, has given that position to his assistant and is no longer on the committee. This is to make sure there will be no conflict as he is the man in charge of fire training at the Anoka Vo Tech. 3. Attendance at Sectional Schools both as Vo Tech and Andover Fire Dept. Rep. - Anoka Vo Tech has no record of paying Dale Mashuga and the city paid the expenses. - No conflict 4. Budgeting & Accounts - This item was not covered as we felt it should be done separately. 5. Safety Related Items A. Allowing recruits into situations not yet trained for - I could not find where this had happened and one incident discussed was when recruits were taken to a burn but trainer Dale Mashuga stated the recruits were taken in after the burn on an arson class and not on the actual burn. F ') '.~ B. Ignoring air pack low warning indicators at training - It was stated that there is 5 minutes of air left when indicators go off. It was discussed with Deputy Chief Mashuga and the training of more safety officers will take care of this problem as there are only two officers fully trained and they are instructors at the burn. Page Two / " V C. Excessively hot training burns resulting in damaged (melted) and destroyed equipment and a danger to staff - It is noted in the structural burn training procedures for the state Board of Technical Colleges put out by the state that melting of equipment at a controlled burn will be cause for investigation. Other fire chiefs feel this can be avoided and if it is to happen, they want to see it at a controlled burn rather than a real fire. D. charge that other fire departments will not allow Andover trainers to work with them because of lack of confidence in them - Other departments have been reluctant to comment and only say they have to get part of their training thru the Anoka Vo Tech where our trainers work. Two departments he listed did not return my calls. E. Charge that a department officer assisted a recruit in a portion of a test, helped lift a weight up for recruit - Dale Mashuga stated he showed a female recruit how to lift the dummy during the test and when it was pointed out that this was ill advised they tested the party. F. Violation of department medical or light duty policy - Glenn Smith was the supervisor and as such was not included because he merely supervises. The other three had no light duty status. ,-) G. Violation of Policy #1 Alcohol - All charges of drinking were discussed and had been discussed by the Fire Dept. and a rule was passed in June 1991 stating there would be no drinking at any fire station or on any fire station property. All allegations were partially true but they had been dealt with and so resolved. 6. Lack of Fire Marshal Supervision - The duties of the fire marshal are not spelled out in the duties manual and that is being rewritten to give the position more direction. I have already started to receive fire reports. 7. Open Meeting Violations - An order was given on open meetings. Things that I brought up on my agenda that were not on the other sheet were: 1. Discipline I asked for a recinding of the gag order of March 1991 and a copy of the discipline report. \ '-j 2. Equipment A full inventory of Fire Department equipment which has not been done in the last four years. 3. Secretary I requested a copy of minutes for both officer and business meetings as soon as possible after the meeting and the new secretary understands what I want. Page Three Recommendations: , ~ ,~ It is my belief that most of the charges had foundation but the fault lies with everyone including the City Council. Better direction must be given and due to training changes a new policy for house burns must be set up. The present system is not acceptable. The people pay for the burn on a donation which goes into the Fire Relief Fund and the city pays the Vo Tech $350 for the burn. The fire instructors get paid by the Vo Tech and put in points for coming back and cleaning up the equipment. The state held the burns before and we did not pay the state and the donations were going into the fire relief fund at that time. It is now costing us $350 more to burn a house in our city over what it did cost. Free classes given by instructors to our new firefighters does off set these extra coste though, thus saving us money. I believe a change can be made so that there is not a possibility of a low infraction. I suggest an instructor giving a free class get an extra point and that he take nc points on burns. They do not now take take points on any class for which the city pays the Anoka Vo Tech. , '\ ~J If the Council does not wish to put the fire department under the city coordinator then I suggest that a council person be appointed ae liaison to the fire department. Mediation has been set up between Dale Mashuga and Bob Peach thru the Mediation Services of Anoka County at no cost to the City. May it be noted also that all these charges did not come from Bob Peach but were given to Bob Peach who brought all of them with his own to the Safety Committee for us to investigate. I was the one who thought this was serious enough to bring them to the officers for the attention of the Fire Dept. It is hoped that with more direction, the Fire Dept. can come together as one unit again serving the city in the great manner which we have come to expect from them. . \ ~ ) To : Andover Safety Committee " From '0 Dale Mashuga - Acting Chief Glenn Smith Subject Response to Items brought to the attention of the Safety Committee. Date February 17, 1992 Item 1 - Selling or trading of city equipment : SCBA equipment - Capt. Jim Pierson sold SCBA bottles to Rogers MN Fire Department in Sept. 1991 without knowing that they were supposed to go out for bids. Dale told the Rogers Fire Dept, that Andover had SCBA equipment for sale. Fire Hose for "Hot Sticks" trade - Dale traded 200 ft, of three inch fire hose to the Duluth Technical College for two "Hot Sticks". Dale and Capt. Jack Richardson made the decision to make the trade. The hose that was traded is obsolete. Also, Capt. Richardson who used to be a "Line Man" for Anoka Electric thought it was a good idea, Other sales or trades - None. / " Item 2 - Possible conflict of interest on purchased training . , '--./ All training of the Fire Dept. is decided on by the Training Committee not by one person. Also, when Dale does training for our department, he does not get paid from Anoka Tech. nor does our department get billed for the training. The same holds true for Kevin Starr, Jack Richardson. Jerry Kroll, Paul Martignacco, Paul Gengler, Cheryl Keller, Mark Neuschwander, and others. Many of these people were trained to teach these classes at Anoka Technical College expense. All Andover personnel still receive certificates and it goes on their transcripts. Item 3 - Attendance at Sectional Schools When Dale attends Sectional Schools, 99% of the time it is as an instructor and the Technical College pays his expenses. When he goes as an Andover Firefighter, which is very rare, Andover pays his expenses. Never has the Technical College and our department both paid for the same expenses. Item 4 - Budgeting and Accounts : The subject of over estimating the maintenance budget was not done intentionally or by anyone person. The last two years (90 & 91) the budgets were all. done by committee. The maintenance budget was somewhat higher due to the condition of some of our trucks. There was to have been some minor refurb work done to Tanker 7 in 1991 which was dropped because of everything that was going on with the Bond etc. Some of the people ) "dropped the ball" on Tanker 7 halfway through the year and we couldn't get , anybody excited about it. This resulted in what some people would call an overage, resulting in monies going back to the City at the end of the year. There were certain people that said we should spend every penny and that we should never give anything back to the city. We don't believe this is right or fair. Page 2 , " ~_~Item 4 - Budgeting and Accounts - (continued) Over budgeting on salaries again was done in 90 & 91 by the Officers group and the Personnel group. The projected dollars were estimated by the number of previous calls by year and also by the number of people on the Dept. It's no secret that both these numbers the last few years have been on the increase. It's hard to gauge how many calls the Dept. would get for a year. As far as the salaries go, we also have to look at the Rescue service which in fact for the year 1991 did not have enough money in the actual salary heading. It has been told to us the past couple of years that as long as we keep Howard informed of the changes going on with respective headings that there really wasn't a problem. Howard has always told Glenn that as long as the Dept. didn't go over budget, it all evens out. If anyone would have checked with him, we don't think that there would be a problem at all. Be advised that the 1992 budget was done basically by Glenn with the help of Howard on the salaries. There was a large reduction in the maintenance heading and for salaries, Howard and Glenn went back five (5) years while figuring in the increase in new personnel. The Council approved the 92' budget after we made $10,600 in cuts. Also be advised that the Council approved $12,000 in Capital budget for 92' which is in the PIR fund and is in Howards books. ~The re-allocation of salary budget we believe refers directly to the '-JHepatitis shots. To our knowledge, this is the first time we have ever spent this amount of money that wasn't spent from a certain heading. The shots came up towards the 3rd quarter of 91' and we saw that we weren't going to have the numbers of calls that were projected. This whole matter came before Council for approval and was approved. We don't see where the problem is as it was cleared through Council and Howard. The moving of monies from one heading to another has been (to this point) something that was O.K. It is always on Howards books. If whom ever made these allegations had done their homework or even checked with Glenn, this wouldn't be a problem. Item 5 - Safety Related Items : Allowing recruits into situations not yet trained for - We are not sure ~,hat you are referring to. In some cases this may have been done, but if it was, according to N.F.P.A. Standards, the Chief has the option to sign someone off to receive the training. When we train in Andover, we do it as safely as possible. We do not know of one injury that was received during training in the history of this department. Ignoring air pack low warning indicators at training - The alarms on our Self Contained Breathing Apparatus (SCBA's) are designed to go off when there are approximately five minutes of air left in order to give you enough time to get out of a building or bad atmosphere, When we are in on . ~practice burns, we are very seldom more than one minute from a door. Also, '__J'~,e want our people to know what it is like to be low on air so that when it happens in a real life, they don't panic which is the worst thing that can happe n . Page 3 , lItem 5 - Safety Related Items (continued) ,~ Excessively hot training - The live fire drills' that we conduct are done in accordance with the N.F.P.A. 1403 (Live Burn Standard) and we do not know of any instances where any person has been burned or injured on this department during one of the many live burns we have done. The burn 'team that we use here in Andover is made up mostly of Andover Firefighters and we probably do more live burns than anyone in the State. Dale started doing live burns with the State approximately eleven years ago and has been doing them ever since. As far as making the fires too hot, 'we would like to say this; The fires we build are done in accordance with N.F.P.A. 1403 and as with any live fire training, there are some things that are not controllable and some of the fires get very hot which is not unlike a real fire. The reason we train under these conditions is so that noone will get a false sense of security and that during a training drill, ~,e have all the safety in place (such as safety officers and back-up lines off of two totally different trucks as well as experienced personnel supervising and backing up the attack crew). This is the time we expect to put our equipment and personnel to the test to find where their limitations are so that when we are in a real situation, we know were our limitations are. Other departments not allowing Andover trainers to work with them - All training done for other departments, is done by the Anoka Technical College, not the Andover Fire Department. Several members of our department are also instructors for the College. We do not know of this )problem although we will say that Dale and members of this department have '-J done and continue to do training with and for Ham Lake, East Bethal, Oak G)'ove, Anoka, Ramsey, Coon Rapids, St. Francis, Dalbo, Milaca, Onamia, Garrison, Foreston, Isanti, Cambridge, Princeton, Elk River, Big Lake, Clearwater, St. Cloud, Becke)", Maple Lake, Rockford, Dayton, Rogers, Hanover, Albertville, Buffalo, St. Michael, Hamel, Lorretta, Brooklyn Center, Brooklyn Park, Osseo, Robbinsdale, Fridley, Columbia Heights, New Brighton, and many others. Charge that a dept. officer assisted a recruit in a portion of a test - We think what they are referring to is during an agility test, a female recruit was having trouble lifting a dummy so Dale was showing her how to lift it. It was brought to his attention after the test that they thought he had helped her so she was asked to come back and retest. Dale was not present \,hen she retested but she successfully lifted the dummy by herself and passed. This situation was taken care of approximately eight months ago. Violation of department medical or light duty policy - Glenn Smith - As Chief of the Dept., Glenn didn't feel there was any violation. He was out for five (5) weeks, during which time Dale was responding to all calls with the Chiefs Suburban. During this time, Glenn came to the station and handled administrative duties only. At the end of the fifth week, Glenn started responding to calls as an incident commander as he has been recently due to his restrictions. Upon somebodies request, ~,Glenn produced from his doctor a statement that he could operate a motor '.J vehicle with both hands without restrictions. Glenn figured that since he didn't do anything other than command at an incident, that there wasn't any harm. The Officers group felt the same way. Page 4 ~Violation of department medical or light duty policy (continued) LuAnn Darveaux - LuAnn was not on light duty this summer for cracked ribs and when Bob Peach pulled both LuAnn and Joyce Noyes out of a truck that was responding on a Mutual Aid call it was not justified. At the time, Bob \~as told that LuAnn was not on light duty and Mr. Peach in fact went and apologized to her for same. Why is this being brought up when this is not true and he (Bob) knows it. Jack Richardson - Jack bruised his shoulder at work (Maple Grove Police). He did go to the Maple Grove City doctor and confirmed it to be bruised. He was not put on light duty. He was just told not to bruise it any more. Mark Winczewski - Mark did not have a back injury, it was a neck injury and He did not respond on any calls when he was restricted from his work. When his doctor gave him the OK to go back to work, he took it upon himself to respond on medical calls. Violation of policy #1 - Alcohol Chief - Yes, this is a flagrant violation but it was not at the state fire school, it was at our own station. Glenn couldn't say for sure whether the beer was open or not, since it happened a long time ago. The circumstances were that it was a Friday, late afternoon. Glenn was delivering the unit to the station for the weekend duty officer. It was a weekend that he was going up north, As he recalls, he had been both to the liquor store and to Roger Noyes house. Again as he said at the meeting, he's guilty as charged but, resents being called an alcoholic by one individual of this ,)department. Drinking is not against my religion. Bottles in fire hall - There was a time when we did have bottles in our desk. These bottles of liquor were raffled off at meetings to raise money for the fire fighters annual Christmas Party. In our Personnel Standard Policy #1, it states that it is at the Chiefs discretion. As of July 1991, Chief Smith instituted a policy of no intoxicating substance in or on any Department property. Also no smoking in the stations. There have been no violations of this policy since it was instituted. Drinking on duty Feb. 1991 - Chief - Glenn denies this charge unless there is some proof. He may have responded to a call with beer on his breath, which was probably wrong, but in the old days before the alcohol policy was made strictly enforced, he was prone to have a beer with dinner on numerous occasions. Large amount of beer drinking at training for VoTec firefighters - April 1991 - Again, this took place before the policy made on July 1, 1991. What actually happened was that after the last class of a 72 hour firefighter I course (after the final test), one of the students brought in a case (24) of beer. The class was approximately 20 students. Possible driving Chief's rig to March 2, 1991 department party - Another r '1attempt to "get at" Glenn. Yes, he did have the Chief's rig at the party, ~but he did not drive home after drinking, his wife did and she had been drinking non-alcoholic beverages all night. Glenn admits he made a mistake in taking the vehicle there in the first place. This was an occasion where Glenn was called a "falling down drunk" because he slipped on someone's drink that had spilled. Glenn resents this but you don't see him making a biG deal about it_ Page 5 ~~ Item 5 - Safety Related Items (continued) Assistant Chief - June 14, 1991 - This was a' Chiefs discretion call and Dale was acting Chief at the time due to the Chiefs absence. What actually happened was that it was a very hot day and we had some people taking our agility test, After everyone was done testing, Dale brought a small cooler to the front door of the station containing pop and beer and told everyone to help themselves. Dale agrees that this was not in 'his best judgment and since this instance we have adopted an alcohol policy which would prevent it from happening again. As far as Dale and most of the Department are concerned, this has all been resolved. Item 6 - Lack of Fire Marshal Supervision' Glenn thinks this is totally off base. He thinks that her attention has been directed mainly towards Public Education. She has been working hard on inspections on an ongoing basis. Alot of people on our department do not see everything she does, rather they concentrate on what she doesn't do. She has been working on preplans which are badly needed for incident command. Since 95% of her work is done during the day, some of our people think she's not working. Glenn thinks that since a past Chief and Council along with the City Administrator wrote the job description, maybe someone else beside the Chief be the Fire Marshal supe~visor. At any request, ~he- can provide her daily logs and any and all reports necessary to satisfy Council. ~) Item 7 - Open Meeting Violation : This \~as not a violation of an open meeting. The meeting was in February 1991, Glenns memo was in March, 1991. The EMS Group was holding a meeting for themselves (the EMS Group). At the same time, the people who made these allegations were trying to get rid of the EMS Group (as faT' as non- firefighter~ were concerned). Glenn doesn't see this as a violation because after he talked to everyone on the Department, they knew about it. They just didn't think they needed to be there. , ~ ~ CJI i II- eaJi ;C;'G9'~ - ~~ l , - ! \ /} J) ., - 0 '- ,., . .__ HU.----to'-- ..' ~ ---- - . - ,"...- ," - ,-- ... .i .;(~n~-~1;h~Jf'~ , , ~..:..=~~ .=.=li~~:'-,----=-,~ ~ - ~- ..:: . · 11.!f- -I ~ f?~ tJ/p.~ ._ u_.._ _____ un ._.__-/3" _. ~ r ~ h /lri.J~ c. 7ij ~.i d~ ~ o. I?~ 1f~ J~ . ._.:'f._/~1. (}~ , . fl. L~ ~' f~ ~ fikJ .~ ._.....___._._.. . ___. ______......__0.._____.___ ...--....--. . . - ... .5. ;;:,~ ;..:1 'f2' ..' I). ~7-~ 1r~ , 8 -7 '. A . _.___.....___._'~...___ I 9~'--"~" .,. Cl ,,_" _ . c.,,_8~, cJc;VtJJ~.rR- i ~~- () ._________.._..____ ."",__.'_'__ .__.____ .__...__.._." _.. .-'0 ..~ ...-. . - n___- .~...~~ e~ a/t F ~~ , ~~--.-. i1~'~~- -m~--_. .. --.--.. . --- . -________1'__/1. --8~-~- ~-- _ __ ,,' L _.' B,.p~ cJ& ~ ~ I . ' ..- ii~j~: ..... . . i ~7~~rm~rfe~~ I /' '\ V Items Brought to the Attention of the Pubic Safety Committee 1. Selling or trading of city equipment without proper authorization: SCBA equipment Fire hose for Hot Sticks in Duluth Other sales or trades? 2. Possible conflict of interest on purchased training from Anoka V oTec? 3. Attendance at Sectional Schools both as VoTec and Fire Dep, Rep. Who paid for which expenses? Was compensation paid by both fire department and school? 4. Budgeting and Accounts Intentional over estimation on maintenance allowances over past few years? Over budgeting on salary? Actual to budgeted costs? ~ Reallocation from salary budget to other accounts? 5. Safety Related Items Allowing recruits into situations not yet trained for Ignoring air pac low warning indicators at training Excessively hot training resulting in damaged (melted) and destroyed equipment and a danger to staff Charge that other fire departments will not allow Andover trainers to work with their departments because of lack of confidence in same Charge that a department officer assisted a recruit in a portion of a test. Helped lift a weight up for recruit. Violation of department's medical or light duty policy: Glenn Smith - arm injury, no medical permit at first ... LuAnn Darveaux - 2 cracked ribs on light duty- no notification'" Jack Richardson - shoulder injury - no doctors release Mark Winczewski - back injury but responded to medicals o Violation of policy #1 - alcohol Chief- open bottle and beer in rig at State Fire School- 1990 ,:) Bottles in fire hall (Chief and Assist,. Chief's desk over the year) Drinking on duty, Feb. 1991 - Chief Large amount of beer drinking at training for V oTec firefighters - April 1991 Possible driving chief's rig to March 2 department party in Anoka after drinking Assistant Chief in uniform and on duty, June 14, 1991 training session encouraging candidates to drink during test session* 6, Lack of Fire Marshall Supervision 7. Open Meeting Violation EMS meeting Sunday Feb 12, 1991 in a private home (Leroy Walkner) See March 15 open meeting note by Chief* * Independent exhibit , '\ o ~ , ,..... ,.,_0' {J (! r "J.. 't . \,., _"'",___7,.!,.,o.,,.,~-, C! lJ I~<J CU 0' -, . '.' . II"" n,.. Wl-s1>.lt!I9'-- () S BC-UtE". " Q 19C/G',.r.. " ~/e-r..:L, ~..<!h'.;c:7T"'__1..ou_ _..., ...... ,_'.', .,_.____.._GIZH$S....3 __ .J.rI';;-7/l^"_.-r._~I9;--..~.__S r.9:rt-O Irl _/2}9-Nl> vv-::-_t..O<.) /9~_c->c: .=:-u_____'_._ _._,______._$.l1if:t/l:?_Jj/lOe,.J~-p~.I9c:#...,__t..OUfiN ME__S ~H) ..Swtr..-/'o'''''. P_~_.~52.;r:e"",__ ____._________Aj!}_"LJ'!MO__COCl"])U"'-1)O-'II'J,f-:].l'r~~_4.JHeTtV_Cfl?~W 145 -.OVi:-;n...... .. ~-I4S ~7)_(],It'IQ:.--;!" 1:!O_~c:.j7/lg;r__./1_.R..OVC?"_OH~I'~~~,~.rr__ 't, I, 1" I, _.!..U/.rr=.-5~ J.o - /t;;'"1i'_.w.€-.ZJO__.!?C:7; t:;1t'-;S 191'~.__0.t7&r_/s ._-J r .I ' _.___._.__._(!-':il.lF..F__J$_~:C:V_VL___.$'j:6'T/~~ --H.~-:_'=-<-I.~?---SI.;Wt?-.c --/l.H~_Yc..-"'U. c:.:~ I?:L:. __.__.___PC7J-c.HJOLJlSI.rJ-kC.._~~ tt.l?!.,,::~_p:,~T.~t;??*_V~~_d~~____ -.-----------.---0 ;i}(,.,Ifr;7) __J)..~7V,JI(f_(>"L~,e /~IH v;-"4?/~ v ..L..i!.~.::'?~d:~_fis kc'?J._ ".If. s.s..~ _ _oo_.__....____(!..HICJ::..)nI9.5f"1(/6 ~___./ r__~e_._r:l1J Z) _,.l$c-b""'Nj /l'f:..#Nfe-;!) ,,-;_./}?/1::~H'~..g ___ _.____.. ____ ___JA/Dn...-Y8.._.I'.t:1lC,I.(., J.._o7H6'%.-S . .,.t..t:;/Z -r"..__._._.._/__ ,_...._,.._ ___, ,__________. un. _ j" -:-:..2q -:.. q 1._, O'd 80 _.____.___. ,~/~---_.. .~J--. - .,,, -.... -'--.0-'- -' /J ,....__., ._. c.NI6"P,_S_'_I_/6k7 ...I9"€fr1.wA'5C.u:.r.u.c~. s~o~c~. /'JND u .._._.._.__.~r__l-/~e .l.Jsr._. _..,_______.___.____._... , ----' -- ._-----. . -_.'---"-'~ _.-._--._-~._---_._-------~-.-_.-. -------..------.,., ----------.---.-...- --.-------.- -....---.--.-------.. .~..)____ ._,__..___....__.. __,_ _ __'''_' .... . u..___,___...___ ..._ h_ .__....._. .7" ~J June 17. 1991 TO: Fire ChIef Glenn SmIth SUBJECT: Alcohol Polley At the testIng of applIcants on Friday, June 14. 1991, Assistant Chief Mashuga was In unIform drinking beer and offering it to the recruits. He had apparently had a few, because he was rather boisterous and he Interfered with the physIcal testIng of one of the recruits and the written testing of all the recruits. This behavior is forbidden by our personnel procedures and scandalous to our new recruits. Prior to your election as Chief. the Department clearly did not tolerate drInkIng on duty. drInking in uniform or drinking out in front of the Station. The City Council endorsed that position on appeal at least twice. May be that Is why nobodY did it then. Now that there doesn't seem to be any rules left. we are concerned about a scandal. or worse, an accIdent. caused by a fIrefighter or EMS member ,. \ under the influence. Whi Ie some of us are trying to bui Id a o professIonal fire fightIng team. other.s seem to w,:"nt a "beer le.9,gue softball team." We feel your tolerence of violatIons and lack of discIplIne has seriously hurt our Department. and we demand you take a position on drinking and .stick to it. The smell of beer in the meeting room, beer runnIng across the apparatus floor. beer cans in the trash barrels. booze in the Chief and Assistant Chief's desks. drinking before and while on duty are now common place. And now our Assistant Chief ~rains our recruits on theIr fIrst nIght that drInking is encouraged. This is a clear danger to public safety and a disgrace to our Department. FIrm dIscIplInary actIon must be taken by you before this ends up at the City Councilor worse. ThIs vIolatIon took place Friday. Our By Laws requIre your actIon by June 21. 1991. Please inform us of the action you have taken before the Wednesday meetIng. (/49-?W~ ~ ~-) -;-;-.. ,..., .",...,- , "- '-") , ~ \ "j :_J 15, MARCH, .1991 TO ALL COMMITTEES . DO TO RECENT CONCERNS THAT SOME COMMITTEES AND SP~IAL GROUPS WERE HOLDING WHAT WAS BELIEVED TO BE CLOSED OR SECRET MEETINGS, 1[11 WRITING THIS LETTER TO ADVISE YOU THAT fHISIS. AGAINST THE LAW. WE ARE AN ORGANIZATION OF THE CITY Or ANDOVER, GIVEN~ STRUCTURE AS A PUBLIC ORGANIZATION WE CANNOT HAVE CLOSED MEETINGS. ALL COMMITTEE MEETINGS, OR SP~IAL MEETINGS WILL BE OPEN TO ANYONE WISHING TO ATTEND. ALL COMMITTEE MEET- INGS OR SPE~IAL MEETINGS WILL BE WRITTEN DOWN~EFO~HAND ON OUR FfRE DEPT. CALEN~ BOARD SO THERE IS KNOWLEDGE OF SAID MEETING. THESE MEETINGS WILL ALSO BE HELD IN A LOCATION THAT WILL BE ACCES~LE TO ANYONE WISHING TO ATTEND. ~EC~~A_ cP~ v"'~h/,..,';!~ LENN F. SMIT , CHIEF , , \ ! "-j ) I\LE ~i~ ~(. '.1;: i, >I,", "'" ~' '};- ,. .' 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T J(/a)G1~H ,BoTH V072i"C!.., + F/~ Dc~T:: I ^-l(() POS~ILIt:.6_ CON,cc..ic..T' Bu l>(,.e-t Nl::<::;-;)<; (!c....o$'6;-/f! ~L'(,_- J 4JA:rct'fi~4 :J..YC::-Hx.r 1# _ P _~w C Jt/Zl'5Tvo.-r,#/S B//I/~e::~- Ho~c- 1vtJ4IU;- I1LCJ>4>NI'<ec;- __ _" _. 1u--f.:,;)li.<l-Jiy HG/Co C )(.3 5' b'c/,z,r t9c.ca4JJ"J<.<c...:..--' @U_"!;(}tl-'(/'" ,~" 1. lie; D/ I fP1'?"ficu:-lvt-tf}T /'A>, _ I'::> rO_~_/?I~7t1Vfi.5 ;)'OjoyLc: Hi$O.5c JY5/t!:-7-'\..- ,5o~<=-/-Ie=-(Jb~(!H;-I,.e4-~ 7 jj((;:7t:r:r IS uo OHe; WH~CI'l~'5 8_ (.,.IH"Cj9-$ozJ-r-....nu_ TH.,:- IN7"~~ or. T4c__C?(Ty _/J'7:_TKcr ;:;~, ___ -6; - /}J_~~,lrtr6- ,I9_~__Ho_O Se_ ~(.)/el--<S~__ ____,/L-:jf~_~~~> _ _{,IAn~; ~~72_ Rr=(!.I&/(~5____ _~____#~_fi-4-9C.AJ.s j~'j..~~IZ'!.1V i>A~&.~415c.~ LaW _ __ ________0 IV jil /2- ,,_; ,RP~__odI-_c:c)/,-~!=?~3-?---u-n ---------~-=-- EkC'ci5$lvti'~ 7-- ;COf_f" 1~5 __H/et-I~______ _.____ n ____e_QvIJP,__ -j n;J,(//Z~5>__E I/GC F/~_IofL(;;')<.-S r:>~ _YY1/1~?, /V679..~r-- Dc~?:3t..c.J(c...c...Ndr fILe ~ __1) Ih t:"- _ _TO.. T t2..1J./K ~ , ~~f}{WWL ~~>- ~14c...<- V:J LJl5/ r-o,- n<-CfTt;/9c.. HIP Ie" /l~Okrl' ",,- ~J1kt:: J r/2-lj)t...e-y, _t!oo""~/,Ih S . , " ----J C( F 11I?~ Mt9/eSrl/9-t.-<-, '-s.1t WI9S7CF- Nt> SOP67eVl'plbV, ,_j() f/Goo YH"VIt! SC/Z~(,;fI.I . J r r F "- i '...../ . . .__n._ _ _____,__. __~ _. _____________. ::J /- '\ o ,~~ No\!emb~?t. 15,., 19':'''\1 TO: nmri: SUBJECT: Chief Glenn Smith Bob F'e.3.c h Lockout at Station #2 On October 8 the architect and contractor had scheduled a final punch I ist inspection for Station #1. As Bond Coordinator, they requested that r have all members of the Building Committee walk through and note any items for the punch 1 ist. I requested this of al I members of the Committee. All cooperated except Mashuga. He refused to walk through and insisted at the last minute to have the whole Committee go through together. I told him this was not possible within the time constraint and again requested that he cooperate. He refused and attempted to organize a trip. Dave Reitan, you and myself prepared lists which were given to Jim Lindquist of Bonestroo and were compiled with his more extensive list as a final punch list. After this 1 ist was sent to Maertens Brenny, Jim Anderson, the Super., complained to me about three problems: 1) Dave Almgren refused to issue a e.o. because of some dirt on the floor. 2) The phone installers left some ceiling tile dust on the rug. 3) The Assistant Chief told him to take care of some items after the architect's I ist had already been done. He did not say if the 1 ist was verbal or written. He specificallv said the Assistant Chief and he was very mad. I let it go as frustration on his part. At the time of the final walk-through of Station 2, Jim Anderson said that the staiton was to be locked up for two weeks until the punch list was complete. I asked him whv. He sid because the Building Inspector and Assistant Chief had caused him grief at Station I, and he wasn't going to have that repeated. I asked him specifically about the Assistant Chief, and he identified him clearly. This has caused probably more problems than anything else. Phones can't be installed; compressors can.t be installed. These delays push us ver'\j tight to our deadl ine. These are the facts as I know them and Mashuga ordered me not to tell anyone. refuse to lie for him. as I have related them. I must, in honesty, K ::J r.JC1\lEmb':2t-. 1:;::; ~ 19r...) 1 TO: FFWM: ~1UB']ECT : Chief Glenn Smith Bob Preach Safet\/ concerns I believe we haye a serious safety issue developing. The Department pOlicy is that anyone who can not do everything expected of an able-bodied firefighter is placed on medical leave or I ight duty and can not return to duty except as specified by an M.D. This policy is now clouded with confusion and is largely ignored. Item 1) Chief Glenn Smith - severe injury to right arm. medical leave. No I ight duty. No doctor'.s oer"mit until th,=~ issLti:,;. -rJ,i II /JOvt . No 1: f or'ced ~J Item 2) luAnn Darveaux - 2 cracked or broken ribs. On light duty at Public Works. Required doctor's release at Publ Ic Works. No notification to officers by you or Mashuga that she was on light dutv at Fire Department. I pulled her out of a truck on Wednesday, November 14 responding to Mutual Aid because I had serious questions about her ribs and no accurate information. 1: was reprimanded for this by Mashuga. I will always make my Judgements on the side of safety. We all have a resposibil ity to the firefighters and to the City; and regardless of Mashuga's or anyone's criticism, I will continue to use that standard. Item 3) I was informed on Wednesday that .]ack Richardson had injured his shoulder. I had no knowledge of the injury. No light duty. No doctor's release. Item 4) Mark Winczewski - says he has a back injury but is responding on medicals. If he or any others receive injuries, they may not be entitled to compensation because of pre-existing condition. If someone is hurt because of their inabil ity to perform, the City of Andover, the Fire Department, and its officers could be subject to lawsuits and enormous liabilities. The life, sa'fety, and insLlt-'ance ri'sks are astt~onomical. The damage that the Fire Department would face even if an existing injury was incidental to a more serious incident would be extremely serious. It is unlikely that Workers' Comp would cover any costs of those firefighters for injuries in the line of duty, because the Department's policy was not followed regarding light duty or medical leaves. The Department is also left ODen to lawsuits both by injured firefighters and residents who may not have received the best service from an "injured" firefighter. '1 '-..J We are prOfessionally equipped and trained firefighters to prot.ect our City sdfelv, and th",t ShOLlld be out" pt-'imar'y gp.", I It. should be our onlv mission. I respectfully request that the existing medicdl leave BI1d 1 ight dutv pol icies be reinstituted dnd upheld as a universal policy immediately. o o o .]uly 18, 1<";91 To: From: SLlb.ject: Chief Glenn Smith Captain Bob Peach Fire critique After the car/shed fire today. July 18 and during the critique, I respectfully pointed out two mistakes that were made: 1) Wrong truck response, and 2) Windows left open in the truck. I was attacked for nit-picking. You even took a moment to Justify breaking the rules to me. The Assistant Chief appeared not to know what the response procedure was. I was told by the Assistant Chief that 1 was Supposed to shut the windows after h~ got out of the truck. Because of Ulis intimidation, r didn't even mention that the Assistant Chief also ignored truck fil ling procedures. Perhaps the time spent trying to justify Dale's violations would have been better spent correcting them. attempted to follow pol icy establ ished included Dale), I f'eceived a letter~ of pol icy is regularly ignored. and those are insulted and degraded. The 1 Cl.st time I by the Officers (which reprimand. Now this attempting to follow it What exactly is a critique? Is it to point out the things we do right and the things we do wrong so we can impf'ove? I.f so, \~hy is Dale exempt from any criticism and correction? Why do I have to tolerate insults? Whv do you supoort Dale when he breaks the rules while I get reprimands for following the rules? If we are not al lowed to point out mistakes by the Assistant Chief, please let everyone know. Otherwise, please support us In our attempts to improve the fire service. .~ ~ ~ , / July I, 1991 TO: Fire Department Grievance Committee Jack Richardson, Chair Bob Peach Appeal on Letter of Discipline FROM: SUBJECT: In accordance with Article V, Section #4 of our By Laws as amended, I am appealing to the Grievance Committee the letter of discipl ine which was presented to me on June 25, 1991. In discussion with others at the scene, some of whom were present and were not even aware that it occurred, and my own recollection of the incident, it is clear to me that the incident was very minor in nature and that my actions were strictly in accord with the Personnel Standards General Rules and Regulations #18. The letter to me, while it deals mostly with Assistant Chief Mashuga's actions, does not state which rule or regulation I am accused of violating. It imol ies insubordination, but nowhere does it state anything I said or did that I was not subordinate to him or that I intended to or attempted to disobey or impede his order. His letter doesn't state that whi{ minor inCident into an agrument _ ____ refused to engage him and walked away so as to avoid any appearance of disrespect. escalate this that 1 Because Assisant Chief Mashuga's letter actually outl ines the fact that I fol lowed proper procedure according to existing Personnel Standards and does not accuse me of violating any specific rule, I respectful Iv request that Dale's letter be removed from my file and destroyed. -I( ,J .June 28. 1 '191 TO: FHl1t-1: fiUB.JECT : Chief Glenn Smith Bob Peach, Captain Request for Disciplinary Action It has been brought to your attention that Assisant Chief Dale Mashuga has violated Policy No.1 regarding an alcohol related incident on June 14, 1991. Because of your decision to take no disciplinary action as required by our Policv and in mv discussions with other Firefighters, I have come to the conclusion that drinking and alcohol use in the Andover Fire Department has become a serious threat to public safety. A~ such, my duty requires me to take this matter to your superiors, thE? City CfJuncil, for a complete investigation. I have witnessed ur have had reported to me the following inc idf,?Ilts: . \ J '--./ 1. Chief had open bottle and beer in Chief's Rig at State Fire E>chClO-J ~ 1990.. 2. Numerous bottles have been in the Chief's desk and Assistant Chief's desk over the past vear and a half. J. Witnessed Chief drinking at his desk on duty: Februarv 1991. 4. Chi",f had smel.1 of alcohol on breath at a PI medical, Count;.' Roads 9 and 20. 5. Discussed with Assistant Chief our concern about the drinking, January, 1991. b. Large party held by Assistant Chief Mashuga for Anoka VoTee Firefighters, at which many cases of beer cans were left in numerous trash recepticals, leaving a smell of beer in the Static!n for' two davs, Apt~il 1991. 7. Chief had strong smell of alcohol while In uniform and on duty at the May 8, 1991, meeting. 8. At March 2 Annual Fire Deoartment Party In Anoka, the Chief was witnessed fall ing down on the dance floor several times. He drove the Chief's rig to and from that event. 9. Assisant Chief Mashuga was witnessed in uniform and on duty encouraging candidates to drink at their testing session, .June 1.4, 1991. : ) Under the standards and traditions establ ished by this Department SInce its Charter in 1977, until vou became Chief, any one of these incidents would have ended in suspension, or more likely. tennination. In the case of Assistant Chief M.ashuga, anv CH: these would be a second alcohol related office. and termination wc)uld be obvious~ , '\, '-.J Chief ~3mith .June 2El, 19"11 Paqe 2 Inasmuch as you have been a part of the problem and have taken no discip'l inar'y action to remedy the pr'oblem, I +'ee'l it is my duty as a member of our Department to take action. This action may in the short term hurt our Department, good name, and my reputation: but it will most certainly result in your removal as Chief. I regret any harm it brings to you; but in the last year I have written numerous requests and reported many serious violations of our standards and policies. In EVERY case no action has ever been taken by you. You have promised to take action, but have broken your word. You have promised to support me: but have broken your word. You have allowed me to be slandered, insulted, and harrassed while I have managed the largest single operation thi.s Dr.,~partment has ever'l1 undertaken: and I have ~~orked as har'd as anyone in this Department to raise our standards to that of Professional Firefighters. . ~ With the successful bond, new equipment, and excellent recruits, 'J' ~~e caul d bE! the finest vol unteer Depat~tment in Minnesota. l>Je at~e not because of poor leadership. I wil I wait until Monday, July 1, for word of your action. If vou cannot discipl ine Dale Mashuga, I will take every action possible to see that you and he are removed from office, first by reporting these incidents to the City Council. This discpl ine must be aporopriate for a second alcohol related offense, and he must be removed from the position of Officer. Lack of action by \Iou bv .Julv 1 ~'Jill force me to report these incidents to the Citv COLlnc i" . \ , } "J' *' '. ---.,/' , \ '--./ " , ,./ JunE.:' .....~ ~ , j C.~'C? 1 TiJ: Fnm'l: SUBJECT: Ch lef (:n '2nn Gmi th Bob F'E'(.~C h Disobedience/D. Mashuga On March 27, 1991, 'IOU read a letter at the Business Meeting which WBE entered into the official Minutes of that meeting. Your letter said in part, "AnYCH1E'. Fir."e Dt~ Rescue. tak in9 any mattet~ concer'ninCl f iF"'=' or rescue to the Mavor or Council miClht as well plan on a 30-dav susDension fot' goinq aqainst a, direct or'det' fr'om the Gh.ief. " On Mav 8 and subsequently, Coordinator to the Mayor. clearlv insubordination. Dale Mashuga took the matter of Fire Bond This is a clear violation of your order and This letter is a follow-up requesting what action is to be taken. as 'IOU certainlv have been aware of more than one contact between Dale and Counci.' in attempts to disrupt this Bond Cc.HJrclinatDr pL:;\l1 t-.lhich vou t13ve endor"sedu In a related matter. Dale also attempted to stop me from following a City Council directive that I poll each member of the Fire Department. He confiscated mv personal prooerty, the poll which I was taking, and attempted to cal I a soecial meeting without a quorum and railroad his own poll ing procedure. At the May 21 Council meeting, the Mavor held the issue of Bond Coordinator open for 30 minutes because Dale had told him some information would be forthcoming. You had informed me previously that 'IOU had instructed Dale to stav out of it. He obviously disobeyed YDur order, clearly insubordination. with additiona.1 illegal Council cDntact. In 1 iqhi: of Iny letter of r;-2pF"imand for dL,agre;-2ing, NOT DISOBEYING, don't 'IOU think justice demands you take some discip] inary action. Keeping your word as stated in your letter would go a long way toward restoring the faith and confidence that the Firefighters need to have in their chief. You cannot ignore Dale's violations. punish me. and then ask for our tt'ust and t'espect. I e:-:pect you. to hDl d all, Fir..ef ighter's to the same standards to which yOU hold me. :J ~) \ I 'J .,,:. 01 ..J~l.:::.;.. 26 ~ 1 r,'9:1 TO: FTWi"I: SUBJECT: Fire Chief Glenn Smith Bob Peach, Captain Letter of Reprimand r feel your letter of June 15, 1991, is totally unJusified and unfai.r. Durinq that incident, I made '.10 effort to impede our response nor contramand Dale's order. I was in no way insubordinate or disobedient. I had been working for months with the other officers to establish a standard response. The svstem developed two months earlier was summarily rejected and iqnored bv Dale without consulting his officers. After discussion, a new plan was developed (Dale participated and aqreed to this plan) and agreed to at the Officers' meeting. Five days later, Dale arbitrarily violated his own plan and changed trucks again. r never questioned his authority to do that: and in an effort to complv with an agreement I had with yOU not to stir UP trouble, I expressed my opinion and then took it no further. I refused to agrue with Dale about it, walking away when he pursued me. In your investigation of this incident, YOU failed to interview all the people involved. How did YOU select those you chose to talk to? I feel your investigation and the results are very one-sided, as I know there are Firefighters who were present and felt no violation occurred bv me. Dale showed poor leadership bv violating his own standards which he helped institute. Also. I fail to see how anything more than Dale's ego has been injured by my actions. Hardly a matter to bring UD one month after the inc ident .1'01'" disc ip.1 ine. If our standard of discipline is to be raised to the point where honest disagreement is to be stiffled, I can I iye with that: but r insist that the same standard be appl ied to everyone, not just those with whom Dale has a problem. Also, our agreement that r would not stir UD trouble and ignore minor infractions aoparently was a one-way street. I have kept mv part of the bargain until now. but apparently Dale isn't required to. I ~,"ant you to make it cl ear' to all Fir'ef ighter's ~,"hc; h,;<ve hea.n:1 Da.' f~ r.:IJe.at,edl v accuse me f.J+ being a troubl t'? maker and of stirring up trouble Just who is stirring up trouble now. I wil no longer tolerate his hypocritical accusations. It is mv intent to keep you informed of all violations I observe, and r expect vou t.o hol cl S\.L:L. Fir.ef :i.ghter'5. to the s,;<me standard to wh ich vou hold me. If it is your intent to enter Dale's letter into my file as a reprimand, I reauest that this letter be attached with it in mv defense that I was neither insubordinate nor disobedient. I retain mv right to appeal this question to the Grievance Commi tte,~. .' , . ~>, ",.. ,..:., ,~. .~. .:...- ) ...., -"':: I, .'.' . I' .. .. J ., : -.:;~, "';" ~ '>'1 ,1, :./':, ,,; ;,,", 1: ~ '". 'ji I "1,.1"-1" ',,<~~il:"',:;:,. ," '01 ~.:,', " ' , " '; ;, ",' , . ; /' - (,. - ,1- ~".,. """ ','1'0. .' i! . ' ~) .. 'I" ,) ;"'" " . . ~ >.: ; I ! I ! . , ;' ~ (j d+-Zop~))~~:, ,: ,.., "':~';:::;;/J "~~L~,,,., .,.~; '.. ~' ~'Lqfi~ ""..C;.-: ,j' ! .",., ,I ' .. - ... - . - -, --.... ' n : '6 II Q-~/~~d~",'.'~"'~:"",: ;",:1 ' ~ ' , , , /- -- ~!. oJ I , I , ;1 .I j :.) 2~1: ,-j.4i' ~~I ~~~~ :'::::1~1 . ~--e.~ ,;, , , ! . 1 ! '-() J ' , , I 00"''/ . . , , : , ,.~ ,', " .' '.. 00_ - -. 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H;..8 T;le 6h'1S t;/ZtJv~ He??J)6:/J IJ,Y P;9VL 6G;v&<"c-/'L l1,cn7e.-8€,1ft/G- WIi,eN6"1:::> By you /VoT TO Go To (J1r-f'C!OUMet:."--Wc~.r J TO THe- /n"';y.t7.L i- OO(.J~c:.(.""'}/UA~ ::rI9C!.oBSo,o.< ~~D Cp{I'-c... _p A .. e: n;n e tSi7'/14' i. tvl TH THe~. .])VK.ti..ea rH-eT'Mee:/lNt:.. 0 F-'i-/~7C. ~ (....P-4!? .. c;; C I?t.. (, e-'i,) LI,.-1.eS :/ 11~5H()Le-;;' lA/~ j}b7LIj)CD -r /-1'IJ'-'(' ,e:.'J::> 't 7)C:-&Ar9Z>r=-;7,J J H T~oN'- I OF THt: }1/tJfya/Z--. ;; Wcb,,-:: t..;fn::/Z- you TDL]) &Mc:- ;4 c...€'TlC:~ of , P. E fJ /2..1-'1 tl.i V'14 #?;::> tvt7Vt;j) /JE 5N7C ~e-'"J) I f\.f ? 1'1 v'-. ~ e:~ &- (, c::;,y'<- $' J€!cCo r.z. V. wG" C!.IlI-'fUo/ rnl4/MTJ9/"'" Mt:ne.,qL.: q. J)t5"C!~/",C-/~'-': I;:: We J /.-.kore...~ I/"0L'lJ 710 f'-G.f' OF l1eC!.6~/l;;,-2) r:'CJL( C)'I I F ,Yov (!OH7//,-<Vc- Te> I1t-LOt...U ;:1-RE"Ft(';r/.(7cJ'2<; 70 j2UIJ "f./6'7? TO atr;-- J.lI9LL T ~lJe.<!.U"""t./E/\<r CJvp- OWfo.( , " "---= ~.)( ~ j//V.A /....)5 D6hA-OC-I2J4Tk:-. /,OL/(!..t6"'? P=J/2. j2.c:- Z>K.t::;; S or GIZC('f./~~c(:;T e-uZ) t/r::' K.H7'"t-( C!./??- ;-(i?LL MH/'-<;t:JG-/~c.. ov~ FI,ee:; k~/- t..J"'J'./T .A-/G'62) ~ t1 fI/::-F. I ~ /i"voT Ht:~ f1't 16'-T7C/e- Mj'1.e/s l2eFuSe:- D 7'D Oo"e,e,r:c. ( . m(IV(/TC:";; Fort- fliJU +- v&"'c:::... Mr:eTIN~s yt>u tJ~~{) WlT?t' J41E /.Z. /?tf';D ;:o/Z- T H(JS~ j14d#Tr(.5", 0145)..{E). T If /1T fie 5 /You c...]) /Va r ,..;.;6 r' ike (&14~au I,9JoVl WKITIt-rv THtS I~ I VM"Pe7Z)'n.t7:!:J you /1t5/f.c-6"'D TO IMr'~ Jot;t.~ tJoTu T;{c>e- ;2et:pvC:17> V6-;;eSJ'/?c...c...y ;-<owc-vc:.~ I fr fJ l/C /'--/0 EVILA5-/f.-ecc;;- T HG r H,cJvE e (,.../t;;?c... eA:. I::C..v 1e'7~. . / llC-f.o ;zec?c.Jt:;-5/ T#/9T TJ../1'5 C-G / }(;;;'72 8~ 1"rG'/"'/"CoHr,DE/laU-c, 7 #' -?' /-/,...b ~J ~p~ "l~'~""""'~.'\ 1 ~,\ ,tl "'_ ,. ,j .,) :\ Ji : ~ hi \.\",..",., " -,. ,/ .,~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2. 1992 AGENDA SECIION . NO. sta f, Commlttee, Comm ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO'1. Andover Express Delive y BY: Admin. v. VOlk~~' BY: At the last Council meeting Councilmember Jacobson questioned why he does not receive an Andover Express. In checking with the Post Office, they said that the Andover Express is placed in the mailboxes of all of those people residing in Andover whose mailboxes are in Andover. Mr. Jacobson's mailbox, along with others, are either located in Ham Lake or Oak Grove. In the future, staff will mail a copy of the Express to Mr. Jacobson or anyone else who requests one or they may stop at City Hall to obtain one. '-- COUNCIL ACTION MOTION BY ....-- TO SECOND BY "~-''''''''''. "~'''',.;. ',.,"\ I,r.,.,'..~,~.,. ."" ,.'." ~ n . " 1< I 0\ / ''''-'''' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE March a, 1992 ORIGINATING DEPARTMENT APPROVED FOR AGENDA Admin. Frank stone BY: James E. Schrantz BY: Staff, Committee, Comm ITEM probationary Increase/ NO. /0. Public Works The City Council is requested to give Scott Protivinsky a probationary raise. Scott has satifactorily completed his 6 months in the utility Division of the Public Works Department. The City Council had asked that this item come back to the Council for review. Frank and I recommend an increase of $0.40 hour to be effective March 4, 1992. "- , ' MOTION BY COUNCIL ACTION SECOND BY '-J TO . \ \. ) ~ "'~'4!"'C~'""'''''''''",,\ ~~l'\ ",',. ~l "'4\. ji , ,1' ~, .' """'_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 ITEM NO. /I. Salary Adjustments/ Public Works Supervisors BY: James E. Schrantz APPf.l:tS V~I FOR AG~ NI~Af\ BylffJ / AGENDA SECTION NO. ORIGINATING DEPARTMENT Staff, Committee, Comm. Admin. The City Council is requested to give the 2% increase to the 3 supervisors as they are not part of the Public Works bargaining unit since they became supervisors. Cy Smythe has agreed that we should make that adjustment. The 2% is what the other non-union employees received as of January 1, 1992. The Union is still in mediation with the City concerning a 1992 Contract for the Public Works bargaining unit. '-- " MOTION BY TO COUNCIL ACTION SECOND BY o '.,,"~~<<"""'"''''''''''\''', "., .,<~ ,.:~ ',il, ~1' \ 'il ,~ l ~ !fI~ it '" I "7 ~~~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 AGENDA SECTIO,N , NO. Non-Dlscusslon Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA Admin. ITEM NO. /J. Approve Gambling permi / Andover Alano Society BY: \ \, V. Volk \J' BY: The City Council is requested to approve an Application for Exemption from Lawful Gambling License for the Andover Alano Society for five events during 1992. State law states that a non-profit organization can hold up to 5 events during a calendar year. Two of the dates known by the Society are March 21, 1992 and December 31, 1992. The other three dates have not yet been selected, but will be in July, September and October. Attached is a copy of their application '- /' MOTION BY '- TO COUNCIL ACTION SECOND BY .: LG220 (Rev.l1/1419O) FOR BOARD USE ONLY FEE CHK IN IT DATE r:l ,. ) \..J Andover Alana Society treel Ity 6 181st. Ave. N.W. Chief executive officer Phone Vern Peterson CurrenVprevious exempt number " 98051-91-001 Jp code Andover 55304 Treasurer County Anoka Phone 3 (612) 75~-2427 Fred Hughes Check the box below which indicates your type of organization o Fraternal 0 Religious 0 Veterans ~ Other non-profit Attach proof of nonprofit status which shows that your organization is nonprofit o IRS designation E5 Certification of good standing from the Minnesota Secretary of State's office o Affiliate of parent nonprofit organization (charter) ::::'~:':':'::::;':':::.:::.:::':::""":""::"::::"'::-'::"':':":::-"'::"::'::::'::':':'~:::':::::':".:::': ..........:..:.:...:.....:...:..:.....y.....:.......:... Date(s) at activity ~J Game Bingo 0 Raffles 19 Paddlewheels 0 Tipboards 0 Pull-tabs 0 I declare all information submitted to the Gambling Control Division is true, accurate, and complete. I have received a copy of this application. This application will be reviewed by the Gambling Control Division and will become effective 30 days from the date of receipt by the city or county, unless the local government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Division within 30 days of the dale filled in below. Cities of the first class have 60 days in which to disallow the activity. City or County City or county name Township Township name ~) Signature of person receiving application Signature of person receiving application Title Date received Title Date received Whiw- Bowd Pi... - -Qrg.-aalm YellOllll' -Baud relum.1o OrganuliOn 10 complete wded ... Gdd - City Of County Mall with $25 permit fee and copy of proof of nonprofit status to: Department of Gaming. Gambling Control Division Rosewood Plaza South, 3rd Floor 1711 W. County Road B Roseville. MN 55113 o ~;;,.'''''''~~''''''''' of'"~ "\, .~.~."l ,i ~ ';1, if ~\ l 1\, ..tit "',"",~cII>j*",'Ii'i!fIt' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 Non-Discussion ORIGINATING DEPARTMENT Todd J. Haas ~ APPROVED FOR AGENDA AGENDA SECTION NO. ~J.M Accept Petition/92-4 . Winslow Hills 2nd Addn. BY: /3. Engineering BY: The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of sanitary sewer, watermain, streets and storm drains, Project 92-4, in the Winslow Hills 2nd Addition area. Note: This is not currently within the current MUSA area. The developer is aware that the city is requesting this area to be included within MUSA which is conti gent on Metropolitan Council approval. / ) '--- . / MOTION BY ) '- TO COUNCIL ACTION SECOND BY \ '--J .\ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAIN PROJECT NO. 92-4 , IN THE WINSLOW HILLS 2ND ADDITION AREA. WHEREAS, the City Council has received a petition, dated Januara 30, 1992 , requesting the construction of improvements; an WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000 3. The proposed improvement is hereby referred to TKDA , and they are instructed to provide the City Council wi~ feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed; CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk \ ..J ".rz:-~ ( Winslow Hills Properties ') 9016 Collins Drive N.W. · Anoka, Minnesota 55303 "--' . Gary M. Gorham: 421-0998 Wmslow Holasek: 434-5812 January 30, 1992 James E. Schrantz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: PROPOSED WINSLOW HILLS 2ND ADDITION Dear Mr. Schrantz: Winslow Hills Properties does hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets wi th concrete curb and gutter wi th the costs of the improvements to be assessed against the benefiting property which is described as: WINSLOW HILLS 2ND ADDITION Said petition is unanimous and the pUblic hearing may be waived. " \ v We request that a feas i b i 1 i ty possible. We have enclosed feasibility report expenses. report be prepared as a check for $1000.00 soon as for the (THE $1,000 WILL BE CREDITED TOWARD 15% IMPROVEMENT ESCROW.) Sincerely, Gary M. Gorham - President Gorham Builders, Inc. - Partner Winslow Hills Properties AJo.7 i'N 4J~v-J Winslow 1. Holasek - President LJ~ ct. U~h. Holasek Properties, Inc. - Partner Winslow Hills Properties ~.J '\ ~ ,'>,',::,"Y~'~"""''''''~''''''''\\,,' ~ 4 if \ " ~ ;~ L~ '\ /' "". / 'it,~~,. .,~' ~~-'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 2, 1992 , ~ AGENDA SECTIQN ORIGINATING DEPARTMENT APPROVED FOR NQ Non-D1scussion Items AGENDA Admin. ITEM Appoint Election Volk ~ ' NO'11/. Judges/Pres. Primary BY: V. BY: The City Council is requested to adopt the attached resolution appointing election judges for the April 7, 1992 Presidential Primary. V:Attach. I I COUNCIL ACTION MOTION BY SECOND BY ) I TO ,-- , J \ " -) \ ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION APPOINTING ELECTION JUDGES FOR THE PRESIDENTIAL PRIMARY TO BE HELD ON APRIL 7, 1992 IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The persons as shown below are hereby appointed judges for the Presidential primary Election to be held on Tuesday, April 7, 1992 in the City of Andover. Precinct 1, Grace Lutheran Church Leone Struwve - DFL Carol Bradley - DFL Jan Greer - IR Sylvia Volk - IR Wanda Grant - DFL Precinct 2, Crooked Lake Elementary School Maureen Bushard - OFL Rene Kroll - DFL Darlene Stone - IR Cleo Smith - DFL Kathy Tingelstad - IR Diane Patchen - IR Precinct 3, Andover Elementary School Mary West - DFL Lois Benson - IR Carol Riecken - OFL Sharon Rzeszutek - Lois Spadgenske - Mary May - IR IR DFL Precinct 4, Family of Christ Lutheran Church Cindy Brostrom - Sue Rylander - Judy Snyder DFL IR IR Susan Beal - Loretta Boyum - Mary white - DFL DFL DFL Adopted by the City Council of the City of Andover this 2nd day of March , 1992. CITY OF ANDOVER Attest: Kenneth D. Orttel - Mayor victoria Volk - City Clerk , , '0 .r- \- \.'-- ,:,"'~'<""""~"~''''''\.~ ;~~-/ \ ~l iJ { Ii \L " "'~\'l" ,.'fIt"" ~''!y__#,,'!i1f~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 4, 1992 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items Finance Howard D. KoolicktK BY: Finance Di rector BY: ~J.M Acknowledge Policy/Bad SCheck Fees / . REQUEST The Andover City Council is requested to acknowledge the strict implementation of the fee for bad checks. BACKGROUND The City has had a bad check fee in its resolution establishing fees for the last several years. However, since our local bank did not charge the City a fee, the Finance Department did not charge this fee unless it encountered problems collecting the check. If problems were encountered, the individual was charged the fee and payment would only be accepted in cash or certified check. Recently our bank began charging a $3.00 fee for all returned checks. Most of these checks are from utility customers. Since our bank is now charging this fee, the Finance Department believes it is in the City's best interest to begin charging the $20.00 fee on all returned checks. The twenty dollars is designed to cover the bank fees as well as our costs in contacting the individual and securing payment of the original check as well as the fee. The Finance Department would also like to add the $20 charge to the individual's utility account if they do not pay it within a reasonable time. Many times the original check can be redeposited and will be honored by the individual's bank. The Finance Department will follow up all uncollected checks with a letter requesting the $20. However, if the original check is redeposited successfully, the City may have a problem collecting the $20. In order to better publicize the fee, signs have been posted at the front counter and at the counter in the building department stating the fee. In addition, a short article in the newsletter will be written to inform citizens of the fee. COUNCIL ACTION MOTION BY TO SECOND BY ':,',"~"~"""'''.'"''~''''''\ j;i' ',~ .\ , - ~ - '\ ';. . ) ~ \-./ "1" ....~ '-"" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. L /rp . Receive January Financial statements DATE ORIGINATING DEPARTMENT Finance Howard D. Koolick 'f;f-.... Finance Director BY: March 4, 1992 AGENDA SECTION NQ Non-Discussion Items APPROVED FOR AGENDA BY: REQUEST The Andover City Council is requested to receive the January 1992 financial statements for the General, Water and Sewer Funds. Please note that these statements include only the expenditures and receipts that relate to 1992. Expenditures made and revenue collected in January which relate to 1991 have been charged to 1991 in accordance with accounting policies. The negative amounts under Fire Station Building and Equipment Building are caused by a check to Midwest Gas which was written in November, voided in January and reissued in February. r ' Should there be any questions about an item, please contact me prior to the meeting so that I may have adequate time to research the question. '- COUNCIL ACTION \ I '-- MOTION BY TO SECOND BY .. - '-"."'-~,",",- .. . --, . -~_.~.. . - ....,..'. '\ -'J CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 31.Jan92 Revised Budget Year to Date Pe~befita~i Actual Remaining G ENE R A L FUN D R- E--V E N U E S ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES AND PERMITS NON-BUSINESS LICENSES & PERMITS --Building ~elated other INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICES street Lighting Other' -'-COURT' FINES _nO -- SPECIAL ASSESSMENTS MISCELLANEOUS REVENUE --. Interest Earned ' Refunds and Reimbursements . ~ '\ Other -0TRM~SFERS FROM OTHER FUNDS From Admin. Trust Fund From TIF 1-1 Fund -----From-TIF 1":2 Fund 1,113, i' 14.00 20,325.00 1,795.00 100 91 232,723.00 6,250.00 644,326.00 18,901.85 420.38 , '9 1--~---'------ 93 100 56,900.00 23,300.00 40,000.00 1,000.00 12.00 100 87 1 00-- --- ------~ 98 2,819.22 ! 54,600.00 25,000.00 3,100.00 1,809.75 100- 100 4 1 63,300.00 24,000.00 6,000.00 100 100 '100-~----- TOTAL REVENUE 2,314,538.00 . 2 5 , 8 3 3 . 2 0 _n - 9 B-~-' ~------ ------------ ------------- ------------ ------------ " ) '1 J CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS" As of 31Jan92 GENERAL . F IJ N D E X PEN D I T U RES ----------------------- ----------------------- C ITY--tbuNCiL NEWSLETTER ___M~y'gR . ELECTIONS ADMINISTRATION FINANCIAL ADMINISTRATION ~--AUDITING-u-- -p-- ASSESSING ,. ATTORNEY ---PLANNING-nAND ZONING DATA PROCESSING CITY HALL BUILDING rcn---FIREuST ATIOW BUILDING- I . PUBLIC WORKS BUILDING 'SENIOR CITIZEN1S CENTER _ \".,_..,, "dn, "."..,.d, __ _____ ~ EQUIPMENT BUILDING ENGINEERING POLICE PROTECTION F 1R E:--P ROTECTION-". RESCUE SERVICE PROTECTIVE INSPECTION CIVIC-DEFENSE --_.--" ANIMAL CONTROL STREETS AND HIGHWAYS --SNO\.rANDIC E--.R EMOV AL STORM SEWERS STREET LIGHTING STREE r SIGN S--. TRAFFIC SIGNALS STREET LIGHTS-BILLED PARK-AND RECREATION - TREES AND WEED CONTROL RECYCLING ECbNbMICDEVElOPMENT UNALLOCATED IMPROVEMENT PROJECTS ---- OTHER - FINANCING - USES - ,. '\ 'n_/ TOTAL EXPENDITURES Revised Budget 34,802.00 4,771.00 4,521.00 13,586.00 104,359.00 93,278.00 10,000.00 38,289.00 50,800.00 52,649.00 21,248.00 44,663.00 33,700.00 22,932.00 8,456.00 3,b77~00 68,176.00 411,737.00 - 263,750.00 35,972.00 126,797.00 2,300.00 10,235.00 182,588.00 '.121,918.00 23,257.00 14,450.00 31,637.00 10,680.00 42,264.00 229,428.00 9,668.00 36.811.00 17,994.00 81,022.00 52,723.00 2,314,538.00 ------------- ----------.-- Year t6bate -.Percent-age--- Actual Remaining 1,452.35 1 31~ .88 347.80 -.- ."--95-'---- -.-. 97 92 100 88 87 100 ( 1 ) 100 ---4;962.40----90-- 4,201.40 80 1,061.10 97 '(534 ;99 )'---101-----._- 237.31 98 25.23 99 . (22()~'9Ejr-j 07 6,631.07 90 31.40 99 "- 11 ,208;47 '1)5---;-- u --- 696.54 98 14,500.77 88 .. '._U'.__ -,. ,- ,. 100--"---.-- ---- 1,450.00 85 6,432.77 96 ---10,356.87--.- 91 252.07 98 100 -384;40"'-- 98 100 99 --94- 97 95 _.U_ -13 9 66 11,723.68 11,902.05 39,047.00 96.75 ., 1 3 , 0 4 3~ 08 .__n 219.02 1,633.16 - 1,950.88 27,454.00 100 170,680.48 ., 9:2 __.____u__.._____ ------------ ---------_.~-- " "~ CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 31Jan92 Revised Budget Year tci- DatePer'centage-~--~- Actual Remaining --------------- -..------------ ---------- 'vrA TE'R FUND REV E N U E S ------------------- ------------------- WATER SALES METER SALES PERMIT-FEES MISCELLANEOUS REVENUES 191,166.00 20,000.00 10,000.00 12,000.00 100 3,050.00 64 1,1 00 .UOO---~- --a9 26.00 99 ,TOTAL REVENUE 233,166.00 4,176.00 96 ------------ ------------ ------------ ------------ ,I , W ATE R FUN D '-~-X'P-E N S E S ------------------- ------------------- -~.JSOURCt:-;-STORAGE -AND DISTRIBUTION ADMINISTRATION TREATMENT 76,595.00 101,316.00 55,273.00 - 24 1 .42---- 7,636.90 4,063.62 -99 92 92 ..-.------.;...............- TOTAL WATER FUND EXPENSES 233,166.00 12,162.14 94 ------------ ------------ ============- ,- "\ ...~ _/ _______.....__~..._._............._....__.....,..~~__..._,...." ......__... ~ ',__,_ ,_. - ~ - u.____,-____.. '\ '--.J . - . '-..'~ ~_.__._..__._ ._n._,.,~.._.__,,_ "_~r.---..'__~~________ CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL,- WATER AND SEWER FUNDS As of 31Jan92 Revised Budget Year to Date Actual P""rcentage ~--- Remaining --------------- -------------- ---------- __ ___~__ _n________u__... --...........-- SEW E R FUN D REV E N U E S ------------------- ------------------- SEWER CHARGES INTEREST 'REFUNDS-AND REIMBURSEMENTS TRANSFER FROM SEWER CONN. FUND ____,_-_____u__,__ TOT ALS EWE R REVENUE SEW E R FUN D ,----.-, ----- -.-, E-X' p' E' N ~ - E' S -------------------- -------------------- - ')_,...__., ..m,___, _"__u,_._,., '---' COLLECTION Metropolitan Wast"" Control -., Othel' Expenses AD~lINISTRATION TOTAL SEWER EXPENSES .. " , , '_J 396,300.00 2,000.00 398,300.00 ------------ ------------ 248,242.00 67,480.00 82,578.00 398,300.00 ------------ ------------ ------------ ------------ 20.687. 00 1,123.88 3,950.44 25,761.32 ------------ ------------ 100 100 91 98 ----- - ,- 95 93 station *1 Meeting wednesday, February 26, 1992 The meeting was called to order at 1905 hours. Dale Mashuga discussed the party on saturday, February 29th and the standby crew. New door #531. Jerry opened nominations for chief. Mr. Poff nominated Jack Richardson Mr. Leider nominated Dale Mashuga Mr. Howe nominated Bob Peach. Nominations closed. March 11 is the vote for chief. Dale Mashuga took down the sign-up sheet for officers. Rating form was handed out. Reitan said that Jack thanked everyone for cleaning. - is specific list needed of cleaning duties - new cleaning duty list will be made - item from supply room needs to be checked out - car - minor maintenance - no oil changes - pop machine Pop machine - SCBA Room Coffee - Donations please. SCBA for schools to be taken off of U1 with officer permission 1st More salvo tarps ordered for L1 Missing stapler, pens. Damage to other FF gear and hiding. Please stop. -taking papers down -writing behind names "GROW UP" -don't park in handicapped spot -door stop bought and will be installed -rules and regs almost ready -try to maintain chain of command. -cleaning supplies in small closet -dishwasher hooked up -smokers hit the can -sign up sheets for committees Trucks E2 pump wet L5 pump dry Fuel level under 3/4 fill up Grass one unleaded fuel Daytime fires & med: no less than 3 Grass 1 & T9 - 2 people or judgement Radio for apparatus room Check into chairs/stools for kitchen Mark W. - cutters with reel handles for batt. cables; E2 anti freeze leak is being worked on. Water softener working - use less soap Radios are being fixed. E2 now has gloves, mask and goggles. Mark to check on elec. wires. Novak to check on hose for vaccuum. Truck response - "Ped P.I." and other calls. Meeting adjourned at 20:17. ~~,~,qY r /1 e S, C 1\ I i2 L /V v In {) i: Ie 5 o IV T 1-/ t /1 c J e. jliJJ r L.....- )1 5 r f( IJ J B l TO OvLvTIf ()!?C 4870 4 S)o LiS 7C' ~~ 76 ,)'- 4( 587- 579 4- eLf C-~/~/9:V 2-29-92 ANDOVER FIRE DEPARTMENT TO ALL FIRE AND RESCUE PERSONNEL. THE NEW OFFICERS FOR 1992 WILL BE AS FOLLOWS : FROM ACTING CHIEF: DALE MASHUGA STATION 1 CAPT. JACK RICHARDSON LT. DAVE REITAN LT. PAUL GENGLER STATION 2 CAPT. KEVIN STARR LT. MARIS SCHILLING STATION 3 CAPT. JIM PIERSON LT. MARK NEUSCHWANDER ,..' t1;=.,:ch 2. 1992 To: From: SubJect: Mayor and City Council Bob Peach, Andover Firefighter Response to Fire Department Charges Contrary to what others, including the newspaper, have said, lha'l.e not made any publ ic allegations regarding the charges brought agaTnst the Administration of the Fire Department. Because the Council has heard only the side of the Fire Department Administration and the Public Safety Committee. and because there have been many allegations '(bout my motives made without bothering to speak to me about it first, I feel it is necessary that my position be made public. For the past 15 years I have volunteered my time to the City of ~ndover in building one of the best Fire Departments in the Twin Cities area. For that I am extremelY proud. I was on the committee which researched and proposed establishing the Department to begin with. I have served in all capacities on the Department frcrr.,r.,ctlng Chief down to Firefighter, and I have willingly and loyally served all Chiefs and Officers. But within the last year I have witnessed what I determined to be a disrespect for and outright vioiations of our Department and City policies, and of State iaw, and of firef.j,ghting safety codes. Within the past year I have repeatedlY brought this to the Chief and Assistant Chief: and it was never dealt with other than I was accused of being a "trouble maker." The Chief and/or Assistant Chief have admitted to most of the infractions of poliCY or law, though there are some points they did not clearly explain: 1 a. SELLING SCBA EQUIPMENT - Mashuga and Smith were told by me more than once that this method of selling equipment <without a bid) was wrong. The warnings were ignored and apparentlY not investigated further by them as to whether or not I was right. There has been no discipline from within the Department nor by the City for violation of the law. 1 b. TRADING FIRE HOSE FOR HOT STICKS - Fire Department poliCY is based on instruction from Anoka Electric, "never touch or approach 'hot' or potentionallY 'hot' lines." Just having the hot sticks creates an attractive hazard for firefighters willing to take risks. I believe Mashuga, with all of his training, should have been aware of that poliCY. There has been no discipline for this violation of pol,lcy. 2. POSSIBLE CONFLICT OF INTEREST/TRAINING - Since last July I have requested the records. None have been made available. As paid Chair of the Training Committee, Dale had substantial influence in where the training came from. As paid VoTec Coordinator, his Job is to sell training to Fire Departments. I was told by the City Attorney that I could not work for the City and buy the product I sell <water softeners) _ logicallY, I assumed the same standards would apply to Mashuga.After Dale was hired as VoTec Coordinator, the amount of the training from the VoTec increased to virtually 100 percent. ~. Mayo~ and City Councii Response to Fi~e Depa~tment Cha~ges Page 2 4. BUDGETING AND ACCOUNTS - The budget items we~e not news. The Council has been long awa~e of the 20 to 25 pe~cent annual inc~eases and the confusion and unanswe~ed questions at budget meetings. This could be const~ued as poo~ budget management by the Fi~e Depa~tment Administ~ation. With the ve~y tight budget funds in the City, it would seem that ~equesting $127,000 in a pay~oll which is not likely to exceed $50.000 ties up thousands of dolla~s which a~e needed elsewhe~e. I still feel a close~ look at how pay~oll and other items a~e allocated would show many a~eas of waste. Almost eve~yone with even a gene~al knowledge of ou~ Fi~e Depa~tment ag~ees that there is enough slop in the budget to,hi~e a full-time Chief without a budget inc~ease. o~ cut $40,tOO to $50.000 out of the budget without affecting service. This type of waste is, in my opinion. poor management and an abdication of the Council's ~esponsibility to the taxpaye~s of Andover. The Fire budget is up 40 pe~cent in two yea~s: police is up only 4 percent. 5 a. UNTRAINED RECRUITS - VoTec ~ules clea~ly state all Firefighte~s participating in live bu~ns meet certain t~aining ~equi~ements. No allowance is made for Chiefs to authorize violations. no~ in the inte~est of safety should they. This has been b~ought up many times to Glenn and Dale and is dismissed eve~y time. Over the past two yea~s, many fi~efighte~s have gone into Level One- Bu~ns without required training, which I believe is a blatant disrespect for safety and rules. 5 b. 5-MINUTE WARNING - All SCBA t~aining requires Fi~efighters to leave a dange~ous envi~onment immediatelY upon sounding of warning device. The 5-minute wa~ning (app~oximatelY) is an impo~tant safety ma~gln because running out of ai~ in a haza~dous envi~onment could cause death. A properly t~ained Flrefighte~ should al~eady be aware of what low al~ signals and symptoms a~e because of specific experience during classes in a non-hazardous envi~onment prior to live bu~n p~actice~ To teach ~ec~uits that it is okay to ignore safety signals Is very dange~ous. At least two fi~efighters have completely run out of air this yea~ in live bu~ns supe~vised by Dale. Despite Dale's denial of anyone being bu~ned du~ing a p~actice bu~n, I have pe~sonallY witnessed bu~ns on Dale's face, neck and w~ists. 5 d. OTHER DEPARTMENTS' TRAINING - It does not su~p~ise me that some Chiefs o~ Depa~tments would be ~eluctant to pUbllcally state a p~oblem with thel~ p~imary sou~ce of t~alning, Anoka VoTec. The conce~ns exp~essed to me p~lvatelY by two Chiefs conce~ned "live bu~ns" supe~vised Dale Mashuga only. Mayor and City CouncIl Response to Fire Department Charges Page 3 5 e. DALE ASSISTING RECRUIT - This is what I and three other Firefighters witnessed: First Dale was giving answers to recruits that were taking a written test. The instructors asked him to stop. Then Dale showed a woman candidate how to lift the dummy. Then he offered her a beer if she could lift it. Then he lifted it for her and put it on her shouder. The recruit was retested only because we raised hell about it. Afterward. Dale was offering beer to the recruits and was drinking in uniform in front of the Fire Station in public view. He also admitted to drinking prior to coming to the testing session. No actIon has ever been taken to discipline Dale even though our polIcies were clearly violated. 5 f. VIOLATION OF MEDICAL POLICY - Glenn was regularlY responding to medical and fire emergencies under red lights and sirens with one arm unuseable. It is impossible to safely operate a truck at high speedS and operate multi-channel radio and lights and sirens simultaneously with only one arm. Glenn did not to go a command post at first. but wandered around clearly dangerous areas. He was usually the first on the scene. and it was obvious to me and several other Officers that he was unable to provide standard of care expected of the Department. Eight other officers were available to fill in this part of his Job. This could have been a tremendous lIability to the taxpayers if a lawsuit had resulted or If Glenn had further Injured himself or others. The Officers group voted 4,to3asklng him not to respond. His vote made it 4 to 4. and he continued to ~es~ond. After several weeks he finally got a doctor's permit to drive a vehicle. only because I kept after him about the matter. 5 g. VIOLATION OF ALCOHOL POLICIES - The alcohol related incidents occurred as related. again showing disrespect for the policies of the City and the Department. I asked that they not be made publiC. but they were included In communiations which I sent to Glenn and which were never answered by Glenn. I felt that even though they were 6 to 18 months old. they showed a clear continuous disregard for the health. safety and welfare of the residents of Andover when combined with numerous other infractions. Glenn is ambiguous about an open bottle in the ChIef's vehicle. An Officer has publlcally testified he witnessed Smith with an open bottle in the Suburban on returning from State FIre School. No discipline was ever taken. The violation of the alcohol poliCY by Dale in June. 1991. was witnessed by at least four Firefighters. who sent a signed letter to the Chief about the incident. No discipline was ever taken. However. I was given a letter or reprimand on a minor. irrelevent issue within a week of complaining about Dale's infraction. which is a clear indication of vindictive discipline by the Department AdministratIon. Mayor and City Council Response to Fire Department Charges Page 4 Regarding the bottles in the Chief's desk - Yes, some were raffled off. But at my request, Dale removed four almost empty rum and whiskey bottles from his and the Chief's desk in January, 1991. Drinking in the Chief's office was a reguiar, common occurrence, which was clearly against City policy, until the entire issue came to a head in June, 1991, thanks to myself and a few other officers. The Chief had the Chief's rig at the March 2, 1991, ?ire Department party in the Ci ty of Anoka. Department pol icy forbids any annhL~Clbv the Officer who has the rig for the weekend. Glenn admits he was drinking and claims he did not drive home. It is also against Department policy to allow non-firefighters to operate Department vehicles. Again, this is a clear violation of Department policy, and no disciplinary action was ever taken. 7. OPEN MEETING VIOLATION - The open meeting violation occurred exactly as related in my 3-21-91 letter to Glenn, which he never answered. Dale threatened to take my Captain's badge before he checked with the City Attorney and discovered I was right. The Chief agreed to my proposal to issue the order. (which he did), and reschedule the meeting (which he did not do). The meeting was the S.O.P. Committee, not the EMS Committee, and it occurred on Sunday, March 12, 1991, two days after Glenn's order, which was igorned. No disciplinary action was taken ,for violating th~ Chief's order. With respect to EMS, myself and a number of others have been repeatedlY slandered by EMS personnel in the presence of the Chief and Assistant Chief for trying to "get rid of them." I have been ordered not to talk about EMS: however, the attacks on me have always been allowed and encouraged by our Administration. Department policy clearly forbids statements demeaning other Officers or firefighters, yet no disciplinary action was ever taken for attacks against me. ~ , I do not now, nor have I ever, tried to "get r-id of EMS." I support the Department's medical response team and have made nume~ous suggestions which I feel would greatly improve this service. Glenn and Dale have failed to resolve this misunderstanding,. allowing it to fester under a gag rule for over a year. This has fostered hatred and friction in the Department and has damaged my reputation, despite my efforts to improve relations. " I felt I would be remiss in not bringing this information to the Public Safety Committee. It was not done for "sour grapes" as so man' have charged, nor for any personal gain. I felt it is the Council's .r-esponsibility to be awar-e of the continual violations and disregard '~or policies and had hoped they would quielY investigate some of the isSOeS and make recommendations to correct the serious management problems within the Department. I had asked that my reports not be made public: the Committee chose to make them publiC. .<;' ~' Mayor and City Council Response to Fire Department Charges Page 5 I expected to be hurt by bringing this information forward, but I did not expect the Safety Committee to publish every detail to a screaming mob who had no idea most of this ever happened. I have been called a liar so often by so many people, I don't know if my reputation can ever be restored. The information I gave to the Safety Committee was truthful and confidential and in accordance with proper procedure. If there were errors in that information, I am still not aware of them. Of approximatelY 21 allegations made by the Public Safety Committee, 18 have been found to be true: 3 could not be verified. 15 of the allegations found to be true involved violations of State law, City rules or Fire Department poliCY. No discipline has ever been taken for these violations. What is happening now is that there are no recommendations of discipline against the Administration who has admittedly violated the policies: but that same Administration is still threatening me with suspension against the direct order of the Safety Committee, the Mayor and the mediator. This is not a matter of a personality conflict. It is a matter of a number of firefighters reporting violations, which have been verified as true, and what I feel is an Administration attempting to whitewash the entire issue and place blame on me for bringing the issues to light. I have not violated any laws or policies, yet I am being crucified by Glenn and Dale for attempting to keep the Department honest. I believe my rights are being violated by both unfounded allegations and by threats of suspension made against me by Dale. However, I am more than willing to attend mediation with him voluntarily. But I will not do so, and the mediator agrees with me, under the threat of suspension. Mediation cannot be successfui in an atmosphere of revenge. It is not "peace" that I seek in the Department: it is a Fire Department in which all Firefighters can be expected to be treated equallY and in which everyone has the same rights and is expected to follow the same rules. Unresolved conflict does not go away. I respectfully request the City Council direct the Acting Chief to rescind his letter to me of February 11, 1992, in writing so that we can begin mediation. If the Council chooses to allow the current Administration to stay in place in spite of the information they have, I suggest they put into place adequate oversight of the Fire Department in order to protect the rights of the Firefighters and residents of the City, including a review of all disciplinary action. DATE: March 2, 1992 ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Commission Minutes - February 6, 1992 Tree Commission Minutes - February 10, 1992 Planning and Zoning Commission Minutes - February 11, 1992 Regular City Council Minutes - February 18, 1992 Andover Housing & Redevelopment Authority Minutes - 2/18/92 Letter to Andover Fire/Rescue Letter to Dale Mashuga - January 21, 1992 Newspaper Article on Onalaska Fire Chief - February 17, 1992 Letter from John Davidson, TKDA - February 18, 1992 Letter to Vicki Volk - February 19, 1992 Ord No. lOT Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU... ;'V" I .1- v.Jl:}. 1/\ EDWARD S, HAGERTY JAMES ANTON BEITZ' WILLIAM J. MILOTA DAVID W. JOHNSON VALERIE K. WERNESS RICHARD M. CARLSON JOANNA M. PLANTE . ALSO ADMITTED TO PRACTICB IN ILLINOIS & WISCONSIN HAGERTY, MILOTA & BEITZ, P.A, ATTORNEYS AT LAW SUITE 1700 701 FOURTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55415 OF COUNSEL JON B. ALBRIGHTSON JOSEPH M. NEMO, JR.. P.A. TELEPHONE 16121 349.9000 FACSIMILE (612) 332.3751 February 19, 1992 Ms. Victoria Valk City Clerk City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: Andover Limited Partnership/Downtown Center File No. 151576-44 Dear Ms. Vall<: I am counsel for Andover Limited Partnership, and am writing you in connection with a special use permit which I understand was issued to Richard W. Reischel for a liquor license to operate a full service restaurant/bar facility in Downtown Center. I wish to advise you that my client has terminated lease negotiations with Mr. Reischel and, accordingly, he will not be operating any restaurant and/or bar facility in Downtown Center at this time. Sincerely, 2~1ff~~ JMN:sse0054 cc: Wayne Anderson · "i~~,~ >)~ ~i ~~ > \ t '} ~ i ~ 1 i '. ~ t . ~ " ~ q . ~ 1=. . - J ~~ ~ ~ ~ ~. k ~ ~ 1 ~ '. ~ >- a. o () -J - () 2 :::J o (,) en - ca . - '6, . tn m~ =: ~,~ :!:::= ca= ~c2S >0. Co) C. = ~ ~c., :J/;;!7J- ~ c... 3/; / q j., COUNCIL COpy Health One Corporation Emergency Medical Services 167 Grand Avenue St. Paul, Minnesota 55102 612-290-2350 Health One January 21, 1992 Dale Mashuga Andover Fire Department 1685 NW Crosstown Boulevard Andover, Minnesota 55304 Dear Dale, We at Health One Emergency Services are extremely grateful for the way you handled the emergency situation 10-29-91 involving a 10 year old in cardiac arrest. The patient was a handicapped male suffering cerebral palsy. This was a difficult situation and Andover Fire did a wonderful job. The skill and teamwork displayed by care givers such as yourself is often the most significant in the delivery of pre-hospital emergency care. In appreciation of the dedication you have shown, Health One Emergency Medical Services and Health One Transportation Services would like to thank you for your outstanding contribution. Your names will be published in the next issue of the Response newsletter as will the names of other individuals, such as yourself, that have given so unselfishly of themselves. without individuals like yourself, willing to take that crucial step and give of themselves at a critical moment, mortality would be higher, and Emergency Medicine would be a more difficult, less effective aspect of health care. Thank you again. Sincerely, i.~~. Vice President and Medical Director Emergency Medical Services Health One Corporation UcDOAiJii David Miller Executive Director Health One Transportation Services DG/sb ~ ts'H qr t TKDA TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS February 18, 1992 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUl. MINNESOTA 551 01.1803 8121202-4400 FAX 6121202.0083 Honorable Mayor and City Council City of Andover, MiImesota Re: Engineering Matters Regular Council Meeting February 18, 1992 l\ndover,MUrunesota Commission No. 9940-992 Dear Mayor and Council Members: The following is a summary of matters discussed and action taken at the regular meeting of the City Council on February 18, 1992, 1. Minor Amendment to Comprehensive Plan/Asnford Development: Phase 1 and 2 ofWeybridge Addition (approximately 38 acres) is within an area to be approved with the major comprehensive plan amendment. Metropolitan Council review is delayed due to transportation section adjustments. The developer is requesting a minor amendment to the MUSA boundary to include Phase 1 and 2. Council Action: Delay additional minor amendments and notify chairperson at Metropolitan Council of Council action and state that l\ndover assumes the comprehensive plan review will be expedited. 2. Hills of Bunker Lake . West Park Pond Dredging: This area of park property was not graded to meet the requirements of the original grading and ponding plan, The developer will dredge and grade the park area to meet original grading plan. Council Action: Grading of Hills of Bunker Lake West Park will be authorized subject to City Staff plan review and construction inspection. 3. Trunk Sewer Extensions: Mr, Davidson did present two trunk sewer extension studies that relate to future service to areas heretofore excluded from sewer consideration. One area is Bames Rolling Oaks. The other is North along Nightingale (l\noka County Road 109), a. Barnes Rolling Oaks Area: Three alternate routes for extension of trunk sewer east of the BNRR track and north of Coon Creek were studied, The least costly alternative was Alternative 1 along Coon Creek. Honorable Mayor and City Council February 19, 1992 ~ Page 2 , .. Council Action: No public information meeting is necessary at this time, The trunk extension as proposed in the feasibility report for Weybridge Addition will provide trunk sewer availability for areas east of the BNRR right-of-way and south of Andover Boulevard. Residents in the Barnes Rolling Oaks area do not now want sewer availability, b. Ni~htin~ale Area: The extension of trunk sewer through the proposed plat of Pine Woods Estates must be ten (10) feet lower in elevation if property in the area of County Road 109 and County Road 20 are to be served in the future. It was suggested that residents in the area nonh of County Ditch No, 37 in the Nightingale area be presented with the factors which may affect them as it relates to these trunk systems. Council Action: The Council authorized the staff to set a public infonnational meeting at a time other than a regular Council meeting, No specific date was set. 4. Crosstown Watermain. Project 91-19 . Comm. No. 9963: A report of bid opening was provided to the Council for consideration. Twenty-one bids were received and one bid was late rejected and returned unopened. The low bidder was F, F. Jedlicki, Inc. He withdrew his bid due to clerical error. The bid of Brown and Cris was rejected due to failure to acknowledge Addendum No.1. The Engineer recommended award to the second low bid of Erickson Construction in the amount of $215,411.28. The Engineer's Estimate was $232,639.50, Council Action: The Council, by resolution, awarded the bid to Erickson Construction in the amount of $215,411.28, The Engineer was excused at approximately 9:15 P.M. Sincerely, ;{~~ JLD/mha ,,',' ,.:4,' , ..... ,-4, ',t.4 ~ ~ n 31;)/q~// (2 C- f/ Itltu~ METROPOLITAN COUNCIL Mears Park Centre, 230 East Fifth Street, St. Paul, MN. 55101 612 291-6359 " February 24, 1992 R,~: ~7!1~2JO CITY OF ANDOVER David L. Carlberg City of Andover 1685 NW Crosstown Boulevard Andover MN 55304 RE: City of Andover Comprehensive Plan Amendment Review Weybridge MUSA Expansion--3.53 Acres Metropolitan Council District No.9 Metropolitan Council Referral No. 14206-6 Dear Mr. Carlberg: The Metropolitan Council staff has reviewed the city of Andover's proposed comprehensive plan amendment received by the Council on February 7, 1992, We have determined that the proposed amendment has no potential impact upon any of the metropolitan system plans. Therefore, the city may place the amendment into effect immediately, However, beyond an initial determination of no potential impact, the Council has 60 days from receipt of a proposed amendment to review and comment upon the apparent consistency of the proposed amendment with the adopted chapters of the Metropolitan Development Guide. The 6O-day period ends on April 7, 1992. Within that 6O-day period, Council staff will complete its review and forward comments to the city prior to consideration by the Metropolitan and Community Development Committee, If you have any questions, please contact Richard Thompson, the principal reviewer of this amendment, at 291-6457. Sincerely, M~~r?~ Chair MEA:rt cc: Ken Kunzman, Metropolitan Council District No.9 Linda Voge, Metropolitan Council Staff Richard E. Thompson, Metropolitan Council Staff AGENDA " COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS February 24, 1992 7:30 PM 1. CALL TO ORDER 2. Approval of Agenda 3. Open Mike POLICY ITEMS 4. Approval of Minutes 5. Andover Local Water Plan PERMIT ITEMS 6. Hidden Creek East 7. Waiver: Schultz home construction DISCUSSION ITEMS 8. 1992 Administration of Social Security INFORMATIONAL ITEMS 9. Project Update 10. Audit RFQ and Bids NEW BUSINESS ADJOURN -[2: c,'C. 3JV7L . lift Ell! Err flrFE82~9~U CITY OF AND ~- OVER COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS' MEETING February 10, 1992 The Board of Managers of the Coon Creek Watershed District held their regular meeting on February 10, 1992 at-the Bunker Hills Activities Center. Present: Reggie Hemmes, Eldon Hentges, LuEllen Richmond, Paul Williams, Bob Boyum. Staff: Ulrich, Tim Kelly, Kathy Tinge1stad, Ed Mathiesen, Michelle 1. The meeting was called to order at 7:30 PM 2. Approval of the Agenda: Moved by Williams, seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 3. Open Mike: Three people were present, but chose to address the Board during item '11. Policy Items 4. Approval of January 27, 1992 Minutes: Moved by Williams, seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 5. Receive Monthly Financial Statements: Kelly commented that the final tax payment for 1991 was received. The next payment is expected to be received in July 1992. Moved by Richmond, seconded by Williams to receive the monthly financial statements. Motion carried with five yeas (Boyum, Memmes, Hentges, Richmond, and Williams) and no nays. 6. Approve Bills: There was a comment to leave the information allan one sheet, as was done previously, Kelly explained that the JMM bill was for five weeks of service and that the Sheff bill included an analysis of the Wetland Bill, Kelly corrected the check number for Sheff from 3456 to 3466. Moved by Williams, seconded by Hemmes to approve the bills. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. The bills to be paid are as follows: Check 3454 3455 3456 3457 3458 3459 3460 3461 3462 3463 3464 3465 TO Amount 6,246.63 5,378.81 3,305.50 1,335.94 324,48 311.57 150.14 71.00 66.14 55".00 32.29 2,63 Anoka County JMM H. Sheff Blaine Office Part. LJM Communications COP Tim Kelly Anoka county US West Water Resources Research Center Office Max ATT 7. Approve the Annual Report and Plan: Kelly said that there was a change in the fourth section in order to report on the condition of the District, Hemmes noted a correction on page 5 of section four: the correct number for Ham Lake is 0.9 feet. (The decimal point had been in the wrong place.) Page 2, Coon Creek Watershed District - February 10, 1992 Hentges questioned the wording of the Hission Statement in the report. Kelly said that it had been edited, The Board recommended that the original wording be maintained. The following report distribution was recommended: BWSR, the Legislative delegation, the advisory committee members, full copy to all members of the Anoka County Board of Commissioners, to city administrators with a note that they can call for extra copies, and to the individual City Council member who deals with our issues in each of the five cities. " Moved by Boyum and seconded by Richmond to approve the Annual Report and Plan, Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays, 8. SLR Application: Kelly announced that the District received a Stream Maintenance Grant of $31,000 and that this project along the Creekview trailer park in Coon Rapids was a part of the grant application, Hentges asked about the status of the Creek bank, relating to erosion, Moved by Williams and seconded by Richmond to adopt the SLR application with the following resolution. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. RESOLUTION 92-04 APPLYING FOR A STREAMSIDE, LAKESHORE ROADSIDE GRANT THROUGH THE ANOKA CONSERVATION DISTRICT WHEREAS, The Coon Creek Watershed District is a special unit of government established under Minnesota Statutes 1030, and WHEREAS, The mission and purpose of the District under Minnesota Statutes 1030 and 103B is the comprehensive management of water which include maintaining the capacity of Coon Creek and reducing sediment loads contributing to downstream pollution of the creek and contributing to flooding, and WHEREAS, The District is aware of a severe stream bank erosion problem on Coon Creek within the Creekview trailer park in Coon Rapids, and WHEREAS, The Manager of the Creekview trailer park contacted the Watershed District seeking technical and financial assistance to stabilize the bank and prevent further loss of property, and WHEREAS, The District is experiencing financial constraints due to levy limits imposed by the state legislature, and WHEREAS, It is also the policy of the District to seek grant funding whenever possible to conduct the work of the District, and WHEREAS, The site meets all of the criteria for a streamside, lakeshore, roadside project. NOW, THEREFORE, BE IT RESOLVED THAT, The Coon Creek Watershed District Board of Managers is applying for a streamside, lakeshore, roadside grant through the Anoka Conservation District. BE IT FURTHER RESOLVED THAT, The Coon Creek Watershed District will seek to assist the Anoka Conservation District in obtaining said grant from the Minnesota Board of Water and Soil Resources. Page 3. Coon Creek Watershed District - February 10, 1992 9. Resolution authorizing funds transfers at First Bank Coon Rapids: Kelly explained that this resolution was needed due to the bank's tightening of its policy on who may transfer funds. The only people who can sign checks will continue to be Boyum and Hentges. " The following resolution was moved by Boyum. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges. Richmond, and Williams) and no nays, RESOLUTION 92-05 AUTHORIZING THE DISTRICT ADMINISTRATOR TO CONDUCT LIMITED BANKING WHEREAS, The Coon Creek Watershed District was established by the State of Minnesota on May 28, 1959, and WHEREAS, The Coon Creek Watershed District uses the First Bank Coon Rapids as its official depository, and WHEREAS, The Coon Creek Watershed District desires to ensure that banking and financial management made for the operation of the District are made in the most efficient and appropriate manner, and WHEREAS, District policy directs the District Administrator to coordinate the financial affairs of the District, and WHEREAS, The Coon Creek Watershed District desires to clarify the role of the District Administrator's authorities as it relates to banking at First Bank Coon Rapids, NOW, THEREFORE, BE IT RESOLVED THAT, The Coon Creek Watershed District authorizes the District Administrator, Tim Kelly. to transfer funds between District accounts and make deposits on behalf of the District; . BE IT FURTHER RESOLVED THAT, The First Bank Coon Rapids is authorized to act upon this resolution until written notice of its revocation is received, and the authority hereby granted shall apply with equal force and effect to the successors to the officers named herein. Permit Items 10, Andover: Crosstown Watermain Extension: Mathiesen presented the permit review and recommended an additional third item of appropriate erosion control be added to the permit stipulation Permit approval with above addition was moved by Richmond, Seconded by Boyum. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond. an~ Williams) and no nays. 11. Ditch 57: Carlson Cleaning: Kelly presented background on this item. There are no wetlands involved. Applicant is aware of the Eagle Scout project entailing a nature trail near Crooked Lake Elementary School, The following three citizens addressed the Board concerning the nature trail: Wayne Oavids, Eban Davids and Jermey Zahler, They displayed a map and photographs of the area. It includes a wood-chip trail and 27 trees identified by posta. The School uses the area periOdically for related class topics. Thirteen letters were submitted by teachers aeking that the area not be disturbed. Page 4. Coon Creek Watershed District - February 10, 1992 Kelly stated that there may be a technical option involving a high-power wench. Discussion involved options possible, including accessing the Creek from the bank opposite the nature tra~l, Kelly said that the District will pursue options which do not grossly impact this area, Hentges pointed out that there should have been a permit taken out by the school prior to the work done on the nature trail last fall. It would have allowed room for an easement, This situation may have been circumvented had this occurred. Davids said that the scout troop had agreed to help clean the Creek in this area, if necessary, Kelly said that he will keep Davids informed about this project, Boyum moved to approve the permit with the restriction that the applicant do the Creek cleaning from his own property only, and that he cooperates with the District concerning options for the affected trail area. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond. and Williams) and no nays. Discussion Items 12. Budget Adjustments: Kelly suggested that adjustments be made to the 1992 budget due to changes in employee benefits costs and engineer costs and to reflect the $31,000 in additional revenue from the stream maintenance grant received. He noted that a hearing would be required, Hemmes suggested that this be done at the end of the first Quarter. Moved by Boyum, seconded by Williams to receive this report. Motion carried with five yeas (Hemmes, Boyum, Hentges, Richmond, and Williams) and no nays. 13. Creekview Pond Update: Kelly presented information about Park Construction and the new billing agreement. In addition, Park would like to excavate an additional 30.000 cubic yards, Richmond had a Questions about de-watering of thia area, Moved by Williams, seconded by Hentges to approve the modifications Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 14. Response: BWSR Opinion on Use of 509 Funds: Kelly briefly reviewed the BWSR opinion noting that the original request was for an Attorney General opinion. Kelly noted that he and Ulrich had reviewed the BWSR opinion and believed that the Attorney General's opinion on ~his issue would be the same response as received from BWSR, Moved by Williams, seconded by Boyum to receive this item. Motion carried with five yeas (Boyum, Hemmes, Hentges. Richmond, and Williams) and no nays, Informational Items 15. Receive Staff Report: Kelly said that the following two sections were added to this monthly reportrt: Project status and board actions to keep track of tabled items. Page 5, Coon Creek Watershed District - February 10, 1992 Moved by Williams, seconded by Richmond to receive staff report, Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond and Williams) and no nays. " 16. February 12 Open House' on Ditch 57 in Andover: Kelly told about the open house planned for Andover residents concerned about the Creek cleaning project in their back yards. He described a Cooperative Agreement which would be available for any home owners concerned about particular trees. Hemmes commented about the good public relations opportunity possible with this project. Moved by Williams, seconded by Boyum to create a district cooperative agreement. Motion carried with five yeas (Boyum, Hemmes, Hentges, RiChmond and Williams) and no nays. 17. February 24 Workshop: It was decided to have a 6 PM brown bag workshop on local water planning at the Bunker Activities Center, just prior to the next Board mee~ing. 18, Andover Water Plan available for Review: Kelly is still reviewing this. There will be a pUblic hearing on this on February 24, 19, Wetlands Workshops: Kelly said that training sessions about the wetland law will be held at the Brooklyn Park City hall on several separate days in late February, The $10 fee is a reimbursable expense. The meeting adjourned at 9:25 PM on a motion by Richmond, seconded by Williams, Motion carried with five yeas (Hemmes. Hentges, Richmond, and Williams) and no nays. Reginald A. Hemmes, President j; roc, '3/z/ c; z/ M-~'f r ".- . f .~( I . r~'~:-;;:2 iJ -.--- C!TY Ot'" '..- -. 'I' ~...,.,._...., -----..; North Central Cable Communications Corporation. 934 Woodhill Drive. Roseville, MN 55113 KEVIN C. GRIFFIN Executive Vice President Chief Operating Officer 6121483-3233 February 20,1992 CERTlUlill MAIL RETURN RECEIPT REOUFSrEJ) Jerry Cotton Quad Cities Cable Communications Commission 737 East River Road Anoka, MN 55303 ;)~~~~a;J City Administrator City or Andover Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 Mark Nagel City Manager City or Auoka Auoka City Hall 2015 1st Avenue N Anoka, MN 55303 Kurt Ulrich City Administrator City or Champlin 11955 Champlin Drive Champlin, MN 55316 Ryan Schroeder City Administrator City or Ramsey Ramsey, MN 55303 Ladies and Gentlemen: This notification is provided pursuant to Article XI, Section I(A) or the Franchise Ordinances pertaining to a right-or-first-refusal which may be available pursuant to this Article. A mpy or the Stock Purchase Agreement between the current shareholders or North Central Cable Communications Corporation and MeredithlNew Heritage Strategic Partners, L.P. has been provided to the Commission with its mpy or this letter. This Stock Purchase Agreement mnstitutes the bona fide offer pursuant to this Article. A mpy has been provided to the Commission's legal munsel as well. cc: Administrator Terry O'Connell Thomas D. Creighton, &q.