HomeMy WebLinkAboutCC March 6, 1979
,
~ o¡ ANDOVER
REGULAR CITY COUNCIL MEETING - MARCH 6, 1979
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by
Mayor Jerry Windschitl on March 6, 1979, 7:30 p.m., at the Andover City Hall, 1685
Crosstown Boulevard NW, Anoka, Minnesota.
Councilmen present: Jacobson, Lachinski, Orttel, Peach
Councilmen absent: None
Also present: City Attorney, William G. Hawkins; City Engineer, John Davidson;
City Clerk, P. K. Lindquist; and interested residents
Residents Forum
Dick Schneider, 1343 Andover Boulevard - stated several people have talked to him
relatlve to the bond lssue for the flre building. At the public hearing, residents
were told that it was very essential that the election be held right away to start
building in the fall and that everything was set to go if the bond issue passed. He's
concerned that we were rushed into a special election; but by ~iting another three or
four weeks, it could have been held in conjunction with the ~~ ary election and that
money to hold the special election would have been saved. Why the big rush when things
were not set to build the building? Discussion was that the intent was to try to get
the building bid as quickly as possible, which was done. It was thought the building
would be built last fall, but there were some problems with the plans drawn and the
bidding of them. The final design wasn't started until after the bond issue was
passed. We did get the price from last fall, which is holding. Otherwise, we would
have lost the construction season. About 6 or 8 weeks were lost through some problems
with the firm drawing plans and specs and our engineering firm. The fiscal people had
recon~ended against putting the bond issue on the ~ election ballot to keep it
from becoming a political issue. If the election had been delayed until September, it
was anticipated that we would have lost the building season, which would have been a
10 to 12 percent increase in the cost of the building (approx. $25,000). Had this
question been in the primary election, paper ballots would have had to have been printed
anyway. It was estimated that the special election costs were approximately $324,
including the cost for printing up the ballots.
Mr. Schneider - also noted that the mill rate went up three mills, instead of 2 that
was predlcted at the public hearing. The new mill rate is 9.6; the old one was 6.6
for 1978 taxes. Discussion was that the bond issue mill was almost exactly what was
noted; the City mill rate without the bond issue is 7.2 for 1979.
Mr. Schneider - asked how many Councilmen were on the Fire Department (Only Councilman
Peach), and asked why more weren't on it volunteering for fire service. Discussion
was that almost all volunteer fire departments develop some type of relief association.
Monies come from the rebate from the State Insurance Office, which presently goes to
Anoka. The fire department would set up its own relief association and administer
these funds. Normally it's a retirement that starts at 10, 15 or 20 years. Before that
there would be no compensation unless the City Council decides to give them some.
Mr. Schneider - questioned the wisdom of buying a snowplow without a wing on it as
someone plowlng snow with a wing on the truck will do again as much work than just a
plow itself, besides being able to do a better job of plowing snow. It appears that
the City just jumped in instead of doing it the right way at the right time.
Discussion was that the Road Improvement Committee is looking at purchasing a new
truck, which would also include a wing. The used truck was purchased first because
that i~ what was thought we could afford. The alternatives available when purchasing
the present truck were not many, and the Public Works Person picked that particular
truck. Only five trucks were available within that price range, and none included a
wing. To purchase a wing for that truck probably would cost as much as the truck did.
- . ."
Regular City Council Meeting
March 6, 1979 - Minutes
Page 2
(Residents Forum, Continued)
The only snow fall where a lot of complaints were received is this last one. All the
City was trying to do was supplement Mr. Kraabel's plowing this year, and Mr. Kraabel's
trucks do have wings on them. The original thought for this truck was to do street
sanding, clearing parking lots, etc.
Mr. Schneider - noted last fall he mentioned the possibility of setting up a gas tank
to buy gas on the county bid to save costs and taxpayer's money. He asked why that
wasn't done. Discussion was on the size of the gas tank at the old school house.
Mr. Sowada thought it was a 100-gallon tank; Mr. Schneider stated it is a 26S-gallon
tank. Discussion was also on how and where to get the gas. The Clerk also noted that
there is a problem of where the tank could be located, as it has to be so many feet
from the building; and putting it that far away means it would be sitting out in the
open. It cannot be put in the fenced area because that is too close to the building.
A tank will be installed by the new Public Service Building.
Mr. Schneider - noted that three years ago $6,000 was appropriated for restoration of
the schoo'-hõuse. What happened to the funds? Mayor Windschitl noted that the Lions
Club has done some work on it; and for some reason the monies went back into the surplus
fund as they were not used. The intention would principably be to get it on a list of
protected sites, to get it fenced, and to preserve the school house.
Dave Hahn, 17400 Blackfoot Street - stated the area he lives in has had problems with
dralnage and sand. Last year they attempted to get blacktop, but it was not passed.
Shortly after, the City Council allocated $5,000 to fix up the area. Late last summer
they graded out some of the ditches, put some culverts in, and put some Class 5 down.
The last phase was to put a drainage pipe to the river in the low spot on his and his
neighbor's land. Last spring he had a small lake 4 to 5 feet deep. His main concern
at this point is what is going to happen this spring when the snow melts. He wanted
to make the City Council aware that his drainfield is near there and wondered if he
could get some relief if the water starts building up before they are able to put in
the pipe. Discussion was that the only pump the City has is what is used to flood
the hockey rinks, and there may be a need for a pump this spring. Mr. Sowada stated
the permits to finish this project are ready to go; and Mr. Kraabel says he'll get the
pipe in as soon as possible. General Council consensus was that in an emergency situation,
the City staff should do whatever is required relative to pumping. Mr. Sowada was
asked to check with Mr. Kraabel again and to move on it as soon as possible. He is
also to investigate the need for additional pumps in the City.
Steve Nichols, 2634 140th Lane - wondered if the City has thought about buying a grader
to grade off the lce on the roads. Discussion was that there was supposed to be a
grader through Northwoods and Red Oaks today but apparently the County didn't get done
with their streets as soon as they had anticipated. The cost of purchasing a grader
is almost prohibitive at this time; however, in the S-year program, there is one
planned as the Public Works Department is gradually built up.
Mr. Nichols - wondered if the storm sewers are going to be dug out before the water
starts to build up on the streets. Mr. Sowada stated that they did do most of them
last week wh~ethe water was sitting, but with the new snow there is going to be more.
He purchased a dip needle to find the catch basins, which will save time in hunting
for them.
Mr. Nichols - noted we do have a parking ban and wondered if the Sheriff has been
informed of it. Cars are always sitting on the streets at night, and the parking ban
is not being enforced. Mayor Windschitl stated there is no reason why that shouldn't
be enforced and suggested the Clerk write a letter to the Sheriff's Department
concerning this matter.
Regular City Council Meeting
March 6, 1979 - Minutes
Page 3
(Residents Forum, Continued)
Mr. Nichols - wondered if an Ordinance couldn't be written prohibiting the people
from puttlng the snow back into the street after the snow plow has gone by. It's worth-
less to plow the streets if they are going to put the snow right back. Or maybe a
newsletter should be sent noting this and the parking ban. The Attorney is to in-
vestigate whether putting the snow back into the street would fall under State Statute.
A lot of communities have separate ordinances, which are usually a part of their
nuisance ordinance. He was requested to obtain a copy of such an ordinance for Council
review.
Agenda Approval
MOTION by Orttel, Seconded by Lachinski, that the Agenda be approved as published with
the addition of Sh, Valley View Roads; and 9a, Population Formula. Motion carried
unanimously.
TKDA/Water Resources/AVFD
Bob Dillon, AVFD, stated the success of fighting fires in the City of Andover is going
to depend on water being available, and the schedule that Mr. Evans had for deep wells
was well thought out. But there are some costs involved. There are wells in the City
now where the power is disconnected in the winter to save costs. By going that route
with the fire protection wells, the City would be in the same position. The Department's
equipment has capabilities of drafting up to 15 feet, so a pump wouldn't have to be
installed to make use of available surface water. It was Mr~'s idea that a
shallow well could consist of a perforated culvert buried in cubic yards of 1-
to l~-inch rock, which should yield about 1,000 gallons a minute, equalling the
uepartment's single unit pumping capability. Whether or not this theory works is what
Mr. Dillon would like explored. He would like to see this pursued on a professional
level to see what the feasibility is and what the costs are compared to a deep well
with pump.
Mr. Davidson stated it is difficult to estimate what this would cost to investigate
because it is difficult to define the total scope and there are so many variables
involved. He felt it might be better that they be authorized to meet with the Fire
Department to layout a work scope to point out what mayor may not be required. He
can then make a cost estimate. The project depends on the equipment, where the water
is available in various parts of the City, problems of siltation and sand drag, and
wear on the pumps, which should be taken into consideration.
MOTION by Peach, Seconded by Orttel, that the City Council authorize the City Engineer
to work out a plan with the Fire Department on these water resources proposed by Bob
Dillon and return to the City Council with a cost estimate of the project. Motion
carried unanimously.
Sanitary Sewer Abatement/Anderson
MOTION by Jacobson, Seconded by Orttel, entering a Resolution authorizing abatement of
sanltary sewer assessment, 1975-1, County Code No. 12, for Plat 65933, Parcel 6290...
(originally assessed on 171 feet of front footage; abatement of $190 for front footage
charge covering 13 feet @ $15 per front foot). (See Resolution R1S-9) Motion carried
unanimously.
167th Lane Cul de sac
Mayor Windschitl explained that the school bus is refusing to go back into 167th Lane
unless a turnaround is put in there. When the plat was accepted, it was accepted with
the intent that the street would go one lot further. At this point, it is not practical
Regular City Council Meeting
March 6, 1979 - Minutes
Page 4
(167th Lane Cul de sac, Continued)
to build the street to connect with the next street up. He has an agreement with the
school district that if we put in the temporary turnaround, they will go in there to
pick up the kids. - Discussion was on the problems of this street and on the street
immediately to the north; that this would involve the voluntary granting of a temporary
easement until such time as the street is extended; on the amount of time and costs
involved to construct this turnaround; and that this would be setting a precident of
using City money to build turnarounds.
MOTION by Lachinski, Seconded by Peach, that we authorize the City Attorney to prepare
the documents to provide temporary cul de sac on 167th Lane. Motion carried unanimously.
Caswell Appeal/Midwest Planning Fees
Attorney Hawkins explained it becomes a question of whether or not the City had a contract
with Midwest Planning with a limit of $1,000 or whether wemerëlyhad an estimate of
an approximate cost. His understanding is it was more of an estimate, and it went over
that estimate. Legally, we're not in any trouble if we pay more; but it is a matter
of what we were informed and what we accepted to be an estimate and whether or not they
should have come back to the City.
Councilman Peach noted the bill was sent on June 15, 1978; and there was no further
correspondence until November 13 when we paid $1,000. Why did we wait six mOnths to
pay the $1,000? He sent us a letter on November 13 and then another nasty one three
months later. Councilman Peach asked if that is the way we handle all contractors we
disagree with; just ignore them. The Clerk explained there was no correspondence
except that on November 13 with the check. Mayor Windschitl explained the payment of
$1,000 was a Council motion, and the Attorney advised that this was what they thought
we should pay. He also explained the time it took to respond to the bill was due to
questions by the Council and carrying it over to other Council meetings, plus the time
it took to put the disclaimer on the check. The previous Council had taken the position
that this is the most we are going to pay Midwest. The Clerk explained the original
estimate was for $700 and there have been numerous phone calls. Attorney Hawkins also
had talked with Midwest Planning to try to reach a compromise, but they wouldn't compro-
mise. The court may award some reimbursement for this court settlement (meaning the
Caswell Appeal), but not for expert witness fees, and the rest would come out of the 75-1
assessment project fund.
Council discussion was on which course of action to take with this, including just
dropping it, turning it over to another professional attorney for an opinion, paying
it, or talking with Midwest Planning. The Clerk also stated that there is no amount
written on the planning authorization form sent to the City last May, and there was
never a second authorization form received. Both she and the Attorney have $700 to
$800 in their notes as the estimate for this work. Attorney Hawkins stated we hired
him as the City planner as he indicated to us he was going to do the work for $700 to
$800; the Clerk is authorized to spend up to $1,000. We ,were expecting to be limited
by the $1,000 figure. The issue is whether it is a binding quote. It is also an
ethical question, as normally if we're given an estimate and it starts to go over, the
City is contacted, especially if the cost is going to be double.
MOTION by Peach, Seconded by Jacobson, that the City Council invite the representative
from Midwest Planning and Research to attend our next meeting and discuss this matter
with the Council. Motion carried unanimously.
--,
Regular City Council Meeting
March 6, 1979 - Minutes
Page 5
Rum River Forest - Final Plat
Mr. Davidson noted that the Environmental Assessment Worksheet needed for this Final
Plat has already been prepared, and it will be mailed tomorrow to the EQB. It is a
City responsibility to file the worksheet, so they took it upon themselves to prepare
it with the input from the developer. The reason this worksheet was not drawn up in
the original review analysis is because it is generally covered with the blanket
statement that permits from the DNR, etc., will be required by the developer. In the
case of the Environmental Worksheet, the law places that requirement on the City rather
than upon the developer.
The Clerk stated there is approximately $300 left in the escrow account; but it is a
City responsibility and there is a question whether the cost can be recovered from the
developer. Mr. Davidson stated that many communities adopt ordinances that do place
the burden upon the developer for the information on which the worksheet is filed;
and perhaps the City should be looking toward a similar ordinance.
MOTION by Jacobson, Seconded by Orttel, that we continue any action on the Rum River
Forest Subdivision until appropriate action on the subdivision is obtained from the
State of Minnesota Environmental Quality Board, a determination of the Environmental
Worksheet. Motion carried unanimously.
Variance/Otto Lindstad
Otto Lindstad, 6750 Crosstown Boulevard NW - petitioner, was present.
d'Arcy Bosell, Chairperson of the P & Z, explained that the property owned by Mr.
Lindstad was a 40-acre parcel of which he had sold 10 acres. He now has a 280- by
300-foot piece bordering Ham Lake, which a prospective buyer, Mr. Franz, in Ham Lake
wants to purchase to increase his property. Because it crosses the City line, this
parcel cannot be attached to his property in Ham Lake. The piece is not 2~ acres and
is not in complaince with Andover's Ordinances. It is not a lot of record at this
point, but is a part of Mr. Lindstad's property.
In the discussion on the mechanics of creating this piece, Mr. Hawkins stated the reason
he feels that it should come under a lot split is that even though it doesn't meet the
2~-acre requirement, there is a variance provision within the Lot Split Ordinance.
And in order to be consistent with what the City did previously and to avoid a multitude
of these coming in under Ordinance 10, he recommended granting a Variance under the Lot
Split Ordinance so there is a limitation on the number of splits Mr. Lindstad could
do. He could not split any more from his parcel under the Lot Split Ordinance for
three years. Mr. Lindstad stated he doesn't wish to sell any more land.
Concerns expressed by the Council were that this would not be a buildable lot; that
the City has never dealt with a totally landlocked piece of land being made into a
separate lot; On whether this should be done by variance or under the Lot Split Ordinance;
that with the l-acre lots across the City line in Ham Lake, if this were not done under
the Lot Split Ordinance, five or six others could come in and do the same thing;
and if University Extension is ever extended, this would be creating a separate small
parcel.
MOTION by Jacobson, Seconded by Lachinski, that we refer this item to the next
regular City Council meeting to allow the City staff time to go through the records
and look for other similar instances or requests that the Council can use in helping
to make its decision. Discussion: Mayor Windschitl requested that a determination
be made as to whether this could be done under the Lot Split Ordinance. Attorney
Hawkins stated that you would have to give a Variance under Section 4 of the Lot Split
Ordinance, which gives the Council the power to vary or modify the application or pro-
vision of this Ordinance. One of the provisions of the Ordinance is that it has to be
...
Regular City Council Meeting
March 6, 1979 - Minutes
Page 6
(Variance/Otto Lindstad, Continued)
2~ acres. In order to allow something that is less than 2\ acres, you have to modify
the application for that provision under Section 4. It's clearly in violation of the
first part; in order to approve it, you must vary from it under Section 4. Councilman
Peach questioned what research is going to resolve if the Attorney feels it can be
done under Ordinance 40. Councilman Lachinski stated he wanted some time to think
about it, as his concept of Ordinance 40 was to allow the establishment of buildable
lots.
VOTE ON MOTION: YES-Jacobson, Lachinski, Orttel, Windschitl; NO-Peach
Motion carried.
Johnson's Oakmount Terrace/Final Plat
Attorney Hawkins stated that the abstract and bond are now in proper form and acceptable.
Engineer Davidson testified that all of the other conditions were satisfied, and noted
that once the final performance is completed On this bond, a maintenance bond for a
period of one year is required.
MOTION by Orttel, Seconded by Lachinski, approving a Final Plat of Johnson's Oakmount
Terrace, formerly known as Johnson's Field .., ( add: contract with the City for the
completion of roads and storm drainage in the plat...) (See Resolution R16-9)
Motion carried unanimously.
Valley View Roads
Mayor Windschitl explained that it was noted at a Park/Recreation Commission meeting
that apparently there is some first-hand evidence (pictures) that trees cut down
during construction in Valley View Estates were used as fill for the roads and in some
lots. He felt this should be investigated before the streets are approved. Engineer
Davidson stated in some cases the boulevard areas have been allowed to be filled with
tree debris, but certainly not the traveled area of streets. Road inspections are done
only on an interim basis during construction. The final inspection will not be made
until the Spring of 1979, and they require that the developer provide borings to assure
us that there are no trees in the traveled roadway. Normally the finance company would
not allow a house to be built in a fill area unless soil tests were done. Buried
trees would show up when the basement would be dug, and the Building Inspector would
pick it up at that time.
Recess at 9:08; reconvene at 9:25 p.m.
Swimming Pool Ordinance
Dave Almgren, Building Inspector, noted that the State Building Code only refers to
public swimming pools and has nothing on private pools. This Ordinance can be made
retroactive if the Council desires, as presently the City has no ordinance to go by.
Council discussion was that there may be some changes desired in this Ordinance and that
since the Planning and Zoning Commission has not reviewed this, they should do so.
MOTION by Peach, Seconded by Jacobson, that the proposed Swimming Pool Ordinance be
referred back to the Planning and Zoning for their comments.
VOTE ON MOTION: YES-Jacobson, Orttel, Peach, Windschitl; ABSENT-Lachinski
Motion carried. Discussion was on whether all aspects can be covered in an ordinance
or whether just a fencing ordinance basically designed to protect people should be
drafted. General feeling was that it should be basically dealing with the safety factor.
...
Regular City Council Meeting
March 6, 1979 - Minutes
Page 7
Park/Recreation Commission/Northwoods Tennis Court Lighting
Mr. Davidson stated that Wes Mand has talked with him and would like TKDA to rewrite
the tennis court lighting specifications and put them out for bids. The lights would
be total coverage, and he thought they would be sodium vapor lights. He was to
investigate tbst-efficient lighting. It was noted that the residents had no objections
to lighting the court, but they wanted them shut off at 10:30; the lights would have
an automatic shut-off.
MOTION by Orttel, Seconded by Jacobson, that TKDA be authorized to prepare specifications
for bldding for lighting of the Northwoods Tennis Court. Motion carried unanimously.
Personnel Committee - Vacation Time for Muscovitz and Hanson
Mayor Windschitl stated the Finance Committee reviewed the calcuations with the Clerk
last week and is in agreement with the Clerk's recommendation. (Reference Clerk's
Memo of March 2, 1979, to Mayor and Council, on vacation time for Muscovitz and
Hanson) Council discussion was on the present vacation policy, noting that it is
difficult and confusing to calculate, hoping the Personnel Committee will look at that;
and on what had happened relative to the vacation calculations of Bob Muscovitz and
Deloris Hanson.
MOTION by Peach, Seconded by Orttel, that Deloris Hanson be paid for 13 hours vacation
time accrued this year and that Bob Muscovitz be paid for five days plus 13 hours
vacation time accrued through his employment here, and that the five days be paid'at
the level of Bob Muscovitz's pay at one year. Discussion: Attorney Hawkins felt
that this Council could legally pay' something that is a carry-over from a prior Council
where there is a policy question. Motion carried unanimously.
MOTION by Orttel, Seconded by Jacobson, that we accept the resignation of Bob
Muscovitz as of March 2, 1979. Motion carried unanimously.
Personnel Committee - Recording Secretary and Clerk/Typist Positions
Some of the Councilmen did not receive the information pertaining to applicants for the
positions of Recording Secretary and Clerk/typist.
Discussion was on the personnel situation; that the Personnel Committee should be
looking at the staff as a whole and be making recommendations to the Council; on
whether it would be feasible to be using a computer terminal in the City; the question
of Mr. Muscovitz's replacement and looking at what the City needs, what it has, and
where it should go from here; and on whether the position of Recording Secretary for
the P & Z and the Clerk/Typist should be split into two positions. The Clerk noted
when it was advertised as one position, no applicants were received. When they were
split, there were many responses.
MOTION by Orttel, Seconded by Lachinski, that the position of P & Z Secretary be
established as a separate permanent part-time Recording Secretary position.
Discussion: Councilman Jacobson felt that it is handy to have a gal taking the
meeting minutes who knows what is going on in the office, talking and working with the
people as they come in, to answer questions, etc. He asked if compensation time
could be provided for this position to compensate for the night meetings. The Clerk
stated that compensation time was tried with Ms. Hanson, and it just didn't work out.
She felt that if the rough draft of the minutes are at City Hall two days following a
meeting and the secretary call in what happened the fOllowing morning, there shouldn't
be any problem. Discussion was that it is a drawback if this person does not have
access to the office files; that no one had applied for the combined position; and on
whether this part-time person could also take the minutes of the Park/Recreation
Commission. The Clerk stated that presently there has been no problem getting someone
. , , ...
Regular City Council Meeting
March 6, 1979 - Minutes
Page 8
(Personnel Committee - Recording Secretary and Clerk/Typist Positions, Continued)
to take Park Board minutes as it meets only once a month; however, they will be
proposing to meet twice a month shortly.
VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschitl; NO-Jacobson
Motion carried.
Discussion was on setting a special meeting night to interview the top applicants for
Clerk/Typist and Recording Secretary for the P & Z.
MOTION by Orttel, Seconded by Peach, that Monday, the 12th of Marc~ be set as a meeting
to lnterview Secretary and the top four Clerk/Typist applicants as recommended by the
Personnel Committee. Motion carried unanimously.
The Personnel Committee was also directed to recommend a policy relative to the City
hiring relatives of employees.
Personnel Committee - Public Works Maintenance Person Replacement
Discussion was on whether the Personnel Committee should review this position and make
a recommendation to the Council, or the City attempt to advertise and hire someone for
the position right now, or the City attempt to hire day labor people to come in when
needed until a decision is made. Discussion was also on the work that needs to be done
nOw (sanding, unplugging catch basins, etc.) and what would be done during the summer
months (cutting grass, cleaning the building, yard work, possibly some signing, weed
maintenance, road inspection, sealcoating, brushing, inspecting of manholes, etc.).
It was noted that programs and objections of what is to be accomplished would help
to make a determination of how many people would be needed in the City.
MOTION by Peach, Seconded by Lachinski, that the City Council authorize the Acting
Admlnlstrator to hire day labor to solve some of the pending problems with roads, etc.,
at a maximum wage of $6 an hour until the Personnel Committee can get a recommendation
on employment. Discussion was on whether the wage was sufficient. The intent is to
use that as a maximum wage and to hire someone at a lesser wage if possible. Intent
is also if there is a situation when more than one person is needed, that as many
would be hired as necessary until the job is completed. If emergency situations
arise, this would provide for the handling of them. It was generally agreed that the
Personnel Committee should look at this position and make a recommendation to the
Council with a definite long-range plan. Motion carried unanimously.
Finance Committee Report
Councilman Peach reviewed the Finance Committee meeting covering Industrial Revenue
Bonds, the Engineer's policy for irregular shaped lots, and the vacation policy of
Muscovitz and Hanson (See Finance Committee meeting of March 1, 1979).
On the assessment policy, Mayor Windschitl stated it is an improvement over what we
have now, but it appears to be going the other way, as you are now getting a reverse
of the previous problem. He felt with just a little refiguring of the theoretical lot,
it could be corrected satisfactorily; and he asked the Engineer to review this.
Councilman Peach also noted that the Finance Committee discussed some of the problems
with the audit and felt the Finance Committee should be meeting with Olsen and Thielen
to review some of these questions. The Clerk stated she will be meeting with them on
Thursday; and hopefully some of these things will be resolved at that time.
Discussion was on the use of Industrial Revenue Bonds for mortgage purposes, that it
is so new there is very little information on them, the question of being fair to
other developers in the City as well, and the problem this creates of putting the
existing homeowners wanting to sell their house at a significant disadvantage. Attorney
Hawkins pointed out that there is a legal issue as to whether or not this type of
financing is allowed under Statute 494, and the Internal Revenue Service is apparently
challenging the deductibility of the interest.
Regular City Council Meeting
March 6, 1979 - Minutes
Page 9
Finance Committee - Prior Year Surplus
Mayor Windschitl requested the Council review why the surplus is as large as it is
with the City Clerk, and that the Council begin thinking about what to do with this
surplus, setting priorities to direct these funds into hiring an administrator,
purchasing a new truck, outstanding requests of the Fire Department, sealcoating, etc.
The Personnel Committee was directed to review the Administrator position and to make
a recommendation to the Council. The Clerk suggested putting the discussion of the
prior year surplus on the March 12 agenda.
Volunteer Fire Department
Fire Chief Bob Palmer noted that three firefighters are taking the EMT course (emergency
medical technician), and explained there is a chance that each one can work in the
ambulance and get $210 reimbursement on this. He requested that this money go back
into the Fire Department's budget for training.
MOTION by Peach, Seconded by Lachinski, that the firefighters be authorized to work
ambulance duty and the money, upon receipt in the City general fun~ then would be
allocated in the Fire Department for training expenditures.
VOTE ON MOTION: YES-Jacobson, Orttel, Peach, Windschitl; ABSENT-Lachinski
Motion carried.
Chief Palmer also stated he was at this EMT course last Saturday, and the instructor
has invited the Councilmen to sit in the course this Saturday or next. The men have
put in 320 hours each to go through this; the course is at Centennial School from
8 a.m. to 4:30 in the afternoon.
Chief Palmer also noted that the CPR course being given on March 28 also includes
spouses. Some of the firefighters would like to have a red light in their car, and
he asked if this would have to be approved by the Council. After some investigation,
Attorney Hawkins reported back that the question of firefighters having a red light in
their car must be approved by the Council. Chief Palmer then made the recommendation
that the Department not run the red lights as he didn't feel the City was that big
that there would be any problem. Should the Department change its mind in the future,
a recommendation would be made to the Council at that time.
Chief Palmer also asked if there could be a liaison officer from the Council for the
Fire Department, preferably someone who is not affiliated with the Department. Mayor
Windschitl recommended Councilman Orttel be appointed, since he has been involved with
the establishing of the Department since the beginning. There was general agreement
to this appointment.
Tom May, Chairman of the Fire Department Equipment Committee - explained that since the
flre trucks were approved, the Equipment Committee has been selecting equipment for
them. Basically, all of this equipment will go on the two new trucks. He explained
an alternative proposal that may defer some of these expenses until a later date,
which referred to Item No.4, 1200 feet of three-inch hose. He proposed buying half
of it now and the rest about a year from now until a part of the City is hydranted
and when all firefighting techniques are worked out to see if that much three-inch
hose is needed. The main concern expressed was on whether or not the Mutual Aid
Pact could be entered into if this is not acquired at this time. Mr. May stated if
all of the hose is not purchased, we would not meet the minimum standards for the
Mutual Aid Pact. The money for this equipment will be coming out of the bond issue.
Mr. May went on to explain that they are also asking for bids on the 11 alternates; and
if there is enough money from the bond, they will pick and choose whichever items they
can get. All the items that are on the first part of the list would be purchased from
one company to get the price advantage. It was generally agreed that the trucks
should be equipped to meet all regulations needed to enter into any Mutual Aid Pact.
. , ,
Regular City Council Meeting
March 6, 1979 - Minutes
Page 10
(Volunteer Fire Department, Continued)
MOTION by Jacobson, Seconded by Orttel, that the City Council authorize the Fire
Department Equipment Committee to go out for bids on a list of Fire Department
equipment presented to the Council on March 6; and under Breathing Apparatus where the
list is 2 per set, the Item be changed to 1 per set. Motion carried unanimously.
Mr. May explained the two mobile VHF radios requested are required for the new trucks,
and they'd like to purchase them under the Hennepin County bid. Discussion was on
whether the monies for these radios should come from the bond issue or from general
fund/surplus. Mr. May also pointed out that cost estimates of the equipment is
only what is being presented as a bid, and there are a lot of items on the bond list
of equipment that haven't even been considered yet.
MOTION by Peach, Seconded by Lachinski, that the City Council authorize the Fire
Department to purchase Motorola radios under Hennepin County bid contract #8437, two
radios for a purchase price of $2,687.36. Monies should come from the bond fund.
Motion carried unanimously.
Discussion was on the equipment donated to the Fire Department by Minnesota Fire,
Inc. (See Memo to City Council from Tom May of February 21, 1979).
MOTION by Orttel, Seconded by Lachinski, that the Clerk be directed to write a letter
of appreciation to Minnesota Fire, Inc., for the items that were donated to the City.
Motion carried unanimously.
Population Review
Mayor Windschitl reported that the more he works with the State Aid Formula, the more
inequitable the situation gets. And Andover is probably the worst off in the entire
State of Minnesota. He has met with Senator Anderson, the Mayor of Ramsey, the
planning person from St. Francis, and a staff person from the tax committee; and noted
that unless a lot of pressure is exerted on this issue, that not much is going to be
accomplished. He has an agreement with Senator Anderson that they are going to furnish
us with a list of every metropolitan municipality, but that will not show the disparity
in it. The disparity is between the metro areas and the outstate communities and the
Cities of Minneapolis and St. Paul. Through some successful lobbying, the Cities of
Minneapolis and St. Paul are allowed by law to use their maximum mill levy; whereas
we have to use our actual levy. The outstate municipalities have also got a grandfather
clause which says they cannot receive less than they received the year before. Mayor
Windschitl continued, the only way we are going to get any help is to contact all the
second and third ring suburbs, which will take a lot of manpower. Andover gets
approximately $75,000; the City of Worthington with a similiar population to Andover
gets $606,000. It is felt that the League of Municipalities is responding to the
outstate, which is a lot of their membership, and also to Minneapolis and St. Paul.
Further discussion was on what the disparity in the State Aid Formula means to the City
and what can be done to solve the problem. Suggestions were that a lobby should
encompass the united suburbs; that Ms. Lindquist should be involved in trying to do
additional research, possibly working with the Administrator of Ramsey; on the possibility
of hiring a public accountant to do further research; and that Councilmen should
actively contact other cities, talk to Mayors and Councilpeople, etc. Senator Anderson
is going to be writing a bill to start the process, which is essentially getting a
return on a per capita basis. Litigation has been started by the City of Ramsey,
and the City could file some friend of the court briefs. This issue will be discussed
at the Eggs and Issues Breakfast in Anoka this Saturday morning.
. , ,
Regular City Council Meeting
March 6, 1979 - Minutes
Page 11
IIMC Conference/Lindquist
Questions arising relative to the conference were the quality of the agenda, the amount
of money involved, and the points the Clerk needs to acquire for accreditation.
MOTION by Lachinski, Seconded by Peach. that we refer the matter of the IIMC Conference
for the City Clerk/Administrator to the Personnel Committee. Motion
carried unanimously.
Approval of Minutes
February 20, 1979:
Page 4, top of page, six lines down in Motion by Lachinski: Change "prepared"
to "prepaid".
MOTION by Jacobson, Seconded by Orttel, that the City Council accept the meeting
Mlnutes for February 20, 1979, as printed with the change noted. Motion carried
unanimously.
Councilman Lachinski left the meeting at this time.
Approval of Claims
MOTION by Jacobson, Seconded by Orttel, that the City Council approve Check numbers
2378 through 2394 for a grand total of $15,158.95; and Check No. 137 to the State Bank
of Anoka, $1,167.25; Check No. 173 for Richard Thedens, overpayment/assessment,
$120; Check No. 174, Burke & Hawkins for Prof. Services, $161.50; Check No. 270 to
Burke & Hawkins for $151.30, which is different than what is listed on the sheet for
March 6 which is a typographical error; and Check No. 271 to TKDA, Prof. Services,
$3,356.87; and Check No. 269 to Bloomberg in the amount of $9,742 is not accepted at
the present time and is sent back to TKDA for additional work before payment is made.
Motion carried on a 4-YES, l-Absent vote.
MOTION by Peach, Seconded by Orttel, to adjourn. Motion carried on a 4-Yes, l-Absent
vote.
Meeting adjourned at 11:35 p.m.
Respectfully submitted,
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Recording Secretary