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HomeMy WebLinkAboutCC February 2, 1982 ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING-FEBRUARY 2,1982 AGENDA 1 . Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4 . Discussion Items a. Industrial Revenue Bonds/Rademacher b. Andover Comprehensive Plan c. TKDA Contract * d. Ordinance #8 Amendment e. Scenic River District/Ag Preserve Zoning f. 5. Non-Discussion Items a. Junkyard License/Batson b. Arden Hills Connection Resolution c. Snow Plowing Policy * d. Escrow Deposit/Padula * e. Junkyard Ordinance f. 6. Reports of Commissions, Committees, Departments * a. Volunteer Fire Department * b. Community Schools/Hagman 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY 01 ANDOVER M E MaR A N a U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY, TKDA, STAFF FROM: CITY CLERK/A. ADMINISTRATOR DA TE: JANUARY 29, 1982 REFERENCE: AGENDA INFORMATION - FEBRUARY 2, 1982 Item No. 3 - Agenda Approval Please delete Item No. 4d (MSAH Street System Plan). This will be discussed at the next meeting after you have had time to review the material which Bonestroo, Rosene, & Anderlik will have out on Tuesday. Please add Item No. 4d (Ordinance No. 8P) in place of the above. Also add Item No. Sd (Escrow Deposit-Padula) ; Item No. Se(Junkyard Ordinance Amendment) , and Item No. 6a - (Volunteer Fire Department). None of the above was on the published agenda. Item No. 4a - Industrial Revenue Bonds/Rademacher In checking with the State of Minnesota, I found that a public hearing was not a requirement on an amendment such as this; however, Bill Hawkins talked to our Bond Counsel who did feel we should have a public hearing. Rademacher & Associates are in complete agreement and would also like to present the City with a more comprehensive breakdown on the cost increases. As a result it will be necessary for the Council to make a motion to set a public hearing for Tuesday, February lS, 1982, 7:30 P.M. Item No. 4b - Andover Comprehensive Plan As you know, TKDA and the Staff have been working with Metro Council in an effort to get our plan approved. We have met with them several times and presented several alternatives on the land use (none of which they would agree to). A final plan/alternative has been prepared which we hope will suffice. It will require somewhat of a compromise by both the City and Metropolitan Council; therefore, Mark Schumacher would like to discuss it with you before it is presented. Item No. 4c - TKDA Contract Attached are the addendums to the existing TKDA Agreement. Changes have been made in the area of multiplier used on over-time rates. A motion is needed for approval. Agenda Information February 2, 1982 Page 2 Item No. 4d - Ordinance No. 8P Attached is the draft of the proposed amendment to Ordinance No.8, providing for the requirements of the Agricultural Preserve District. At this time the Council has not established an Agricultural District per se; but has set out the areas eligible for Agricultural Preserve Zoning Classification. I believe it was the intent of the P&Z when this ordinance was drafted to leave those specific areas as Agricultural even though the property owners did not request a rezoning to AgP. Section 7.03 could be changed to simply say "As set forth in Ordinance No. 57, Section 4(d). Item No. 4e - Scenic River District/Ag Preserve Zoning Dave Leuthe of the Department of Natural Resources has informed me that it is perfectly legal/desireable to allow AgP within the Scenic River District. The only requirement would be a statement contained in the AgP Ordinance (No. 57) that whenever property is zoned for AgP within the Scenic River District, the most restrictive provisions of Ordinance No. 57 (AgP Ordinance) and Ordinance No. 52 (Scenic River Ordinance) shall apply. I have not published Ordinance NO. 57 (waiting signature), so the above section could be added, which would then include the Misslin property and 20 acres of the Peterson property. Item No. 5a - Junkyard License/Batson This license was not acted upon at the last meeting due to an error on my part. Dave Almgren had reported that Mr. Impre's "other yard" was also in violation. Inasmuch as Mr. Imre has leased the Batson yard from Mr. Batson, I assumed this was the area to which Dave was referring----it was not. (Mr. Imre has purchased the property adjoining his existing yard which does not have a Special Use Permit for a junkyard and is being used as such; this is to what Dave was making reference as "other yard". The Batson yard meets all requirements of the ordinance. Trees are not needed as it is entirely fronted by a strip of buildings. A motion is needed for approval. Item No. 5b - Arden Hills Connection Resolution Attached is the proposed resolution objecting to the allowance of Arden Hills into Sewer Service District No.2. Jim Schrantz has reviewed the resolution and is in agreement. Item No. 5c - Snow Plowing POlicy You have received under separate cover a proposed Snowplowing Policy prepared by Mr. Schrantz. A motion is needed for approval. Item No. 5- Escrow Deposit/Padula Attached is information covering a $225.00 charge made by the Allen Company for the preliminary work on the discussed appraisal of the specific properties off 175th Avenue. The information is self- explanatory. This has not been paid; what does the Council wish to do? Agenda Information February 2, 1982 Page 3 Item No. Se - Junkyard Ordinance Amendment Attached is a draft of a proposed amendment covering a "living fence". In checking with the University of Minnesota, Anoka County Ag Agent, and two nurseries, the provisions contained in the ordinance cover their recommendations. They all stated they would like to see the trees 30 feet apart, however, the branches would then "just touch". They felt that anything closer than 20 feet would not be conducive to growth. The same applied to a 4' tree rather than a S' tree. It was also suggested that pine trees be used rather than spruce. because l)they will grow better, 2)they offer better coverage over the long run, and 3)they are more suitable to this climate. Spruce trees are generally found to be more susepible to disease which can turn many of the branches brown, or kill them, thus decreasing the screening affect. Item NO. 6a - Volunteer Fire Department Attached is information covering a Circus Performance as a fund raiser for the Department. Someone will be here to discuss this with you. For those of you who may not know, our Fire Chief has resigned as Chief. It is my understanding that Bob will be at the meeting to talk to you. Rich Lindeen has also resigned from the Department. A letter of commendation should be written to him for his work as Fire Marshall for the past three years. Tom Richert will be taking over as Fire Marshall. Item No. 6b - Community Schools/Nancy Hagman Nancy would like to briefly discuss with you the report on the Community Schools; and review some new ideas for the 1982 Year. Approval of Minutes 1982. ,)7/ / December 29, 1981 , January S, 12, 19, ~---¡, A i, , / , ~ o¿ ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 2, 1982 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on February 2, 1982, 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; TKDA Engineer, Mark Schumacher; City Staff Engineer, James Schrantz; City Clerk, P. K. Lindquist; and others RESIDENTS FORUM Tom and Linda Mills, 4471 l48th Lane NW - Mr. Mills reviewed his February 1, 1982, letter to the members of the Andover City Council relative to their desire to operate a cosmetologist salon in their home. He noted there are three possible ways of solving the sanitary sewer problem -- either installing a private sewer line 3/4 mile to connect with city sanitary sewer, by depositing the waste in an on-site septic tank system, or by storing the waste in a holding tank to be pumped when full. He felt if they could meet the sewer needs with one of these methods, then they should be considered for the operation of a salon in their home equal to those in the residential areas that have salons operating at this time. The City Clerk stated there have been inquiries and questions phoned to the City Hall today about the proposal, mostly concerned if one salon is approved, would it mean a possibility of allowing several others within the same neighborhood. There was generally no objections to this salon, but only if more would be allowed. Further discussion with Mr. and Mrs. Mills was that a special use permit is issued to the property and must be done in every case; but if one is allowed, it would be very difficult to deny any other permit if the conditions and requirements met were the same. Mrs. Mills - took a petition around the neighborhood last night and today and presented that petltion to the Clerk. She said she received no objections from those people she talked with. She also felt that since a special use permit is required in every instance, it wouldn't necessarily mean that it would automatically be approved if their proposal is approved, because every permit must be dealt with separately. Council discussion was on the reasons such businesses have not been allowed in the rural service area and the course of actions available to the Mills. It was the Attorney's advice that the type of use not be handled on a variance basis. Mr. Mills - stated according to the ordinances, they must meet the health, safety, and welfare of the lands and the surrounding lands. He said it meets all of these, and he felt the sewer question could be solved. Council discussion was that the reason for not allowing a cosmetologist salon in a rural service area was because of the steady flow of waste that would not be desirable for an on-site septic system, but a holding tank would not cause such a problem. However, that would require an amendment to the ordinance before it could be considered. MOTION by Lachinski, Seconded by Peach, that we refer for consideration of the Planning and Zoning Commission to allow, under Special Use Permit, of beauty salons in a non- sewered area on the conditions that special holding tanks be installed to provide the proper sanitary conditions. Motion carried unanimously. Discussion noted that the Planning Commission would be considering that principal. If the Mills apply for a Special Use Permit, that would be considered separately on its own merits. Mrs. Mills noted that they would not have any signs outside the residence. She also felt the permit could be issued on a yearly basis, and they would contract to have a holding tank pumped on a periodic basis. .. - Regular City Council Meeting February 2, 1982 - Minutes Page 2 (Resident Forum, Continued) Charlie Veiman, 13646 Crooked Lake Boulevard - made humerous references to events which took place in the City during the last year relative to the hunting ban, road con- struction, licensing of liquor, snow plowing, etc. He particularly thanked those in the Fire Department for their oustanding job done by the Department, and thanked the Council for their work for the City. AGENDA APPROVAL Mayor Windschitl suggested the following additions to the Agenda: 4f, Road Maintenance Prices/Burton Kraabel; 6c, Footings/Amendment to Ordinance No.8; 6d, Purchase of Copier; 4d, Ordinance #8 Amendment; Sd, Escrow Deposit/Padula; and Se, Junkyard Ordinance; 6a, Volunteer Fire Department; and 6b, Community Schools/Hageman. MOTION by Jacobson, Seconded by Lachinski, the Agenda be approved with those changes. Motlon carried unanimously. MOTION by Jacobson, Seconded by Lachinski, to suspend the rules. Motion carried unanimously. INDUSTRIAL REVENUE BONDS/RADEMACHER MOTION by Jacobson, Seconded by Peach, that we set a public hearing dated Tuesday, February 16, at 7:30 p.m. at the Andover City Hall to allow public comment on Industrial Revenue Bonds for Rademacher and Associates. Motion carried unanimously. ANDOVER COMPREHENSIVE PLAN Mr. Schumacher explained the issue with the Metropolitan Council Staff remains the same, that is limiting the Urban Service Area down so it is guaranteed the City will never exceed the flow for 1990. He reviewed a colored map of the M.U.S.A. of that land which is beyond 1990 development, existing residential development, existing commercial development, wetland areas, public parks and lands not considered immediately open for development, and land still available for residential and industrial development. Based on the map, if all available land developed to maximum density, the 1990 sewage flow designated to the City would be exceeded. He feels a case can be made that the industrial areas are not going to receive the wet-type industries and manufacturers; therefore, the 2,000 gallons per day per acre calculated by Metro Council for fully developed commercial/industrial areas could be reduced to 1,000 gallons/day/acre. Even with reducing that figure, the designated flow would be in excess ifiall available land developed to maximum density by 1990. Mr. Schumacher reviewed several options to reducing the calculations. The two options considered by the Council were to eliminate two areas within the M.U.S.A. from pre- 1990 development: the area north of Coon Creek just west of the railroad tracks which is presently designated R-l, and the area west of Shady Knoll, south of South Coon Creek Drive, and north of the Green Acres area. There was'some question as to whether the property west of Round Lake Boulevard presently proposed for development by Good Value Homes is within the Coon Rapids Interceptor or CAB Interceptor area. Mr. Schumacher stated Good Value has placed fill in the far west corner in an attempt to service their entire parcel by gravity with the Coon Rapids Interceptor. He also stated that property received the per-acre sewer assessment in the Southwest Area Project. Mr. Schumacher then stated that by leaving the expanded industrial area and the R-l area north of Coon Creek out of the calculations, the City would have a total saturated flow of 1.05 MGDs. 0.93 MGDs is what the Metropolitan Council has allotted the City for 1990. Eliminating the area south of South Coon Creek Drive as well would result in a saturated flow of .92 MGDs. Councilman Lachinski objected to the idea of Regular City Council Meeting February 2, 1982.- Minutes Page 3 (Andover Comprehensive Plan, Continued) restricting the areas within the M.U.S.A. boundaries for development, as it then encourages large-lot development in the area that is eventually planned for sanitary sewer facilities, which is counterproductive. Councilman Orttel also noted that the City is looking at the M.U.S.A. boundary as bieng the ultimate sewered area; but the Metropolitan Council is looking at it as being the 1990 sewered area. Mr. Schumacher .said the Metro Council staff has said the City will have the flexibility of amending the Plan, as a procedure will be established for changing the development designation of properties as long as the total acres designated for pre-1990 development remains the same. Councilman Lachinski stated that procedure would put added pressure on those areas now designated for pre-1990 development to develop so they don't loose that designation. Further Council discussion was on what would happen if the City would not agree to reduce the 1990 development area any further and on the question of what authority the Metro Council has to force the City to make that reduction. Mayor Windschitl then explained another approach that apparently has been done by another community which is to sign a contract with the Metropolitan Council and/or MWCC saying the City would not allow development past the .93 MGD by 1990, but the specific areas for development wou ld not be so des i gnated. After discussion, Council generally agreed the contract proposal would be the best method of solving the problem. MOTION by Jacobson, Seconded by Lachinski, to authorize the Engineer and Mayor and Clerk, and whomever else is necessary, to indicate to the Met Council Staff that the map as presented here tonight is the Council's representation of where the districts should be; and if the Staff indicates refusal to accept the map as drawn, that they should give us in writing their le9al precedence for denying what we are asking for. DISCUSSION: was that the intention is not to exceed the allotted flow projection; however the City wants the flexibility to have development anywhere within the area proposed. Councilman Jacobson AMENDED MOTION keeping the first part of the Motion about the map, but changing the second part about the written documentation to: That the City would agree to stipulate to a sewage flow of .93 million gallons per day if we can determine which areas within that map area we would serve as long as that flow is not exceeded. Second Stands. Motion carried unanimously. It was agreed the stipulation proposal should be discussed with the appropriate representatives at the meeting scheduled for this coming Friday. TKDA CONTRACT MOTION by Jacobson, Seconded by Lachinski, that we adopt the contract for the firm of TKDA for the year 1982 as presented in their letter to the City dated January 19, 1982, with the supplew~ntal agreement Number 1 attached, and authorize the Mayor and Clerk to enter into such agreement. Motion carried unanimously. ORDINANCE #8 AMENDMENT There was some discussion that the amendment conflicts with portions of the AgP Ordinance. Council then corrected the proposed amendment to be compatible with Ordinance 8 provisions in an R-l zoning district: Minimum lot area per dwelling - 2~ acres; Lot depth - 150 feet; Land coverage - 20 percent; Maximum height - 35 feet. It was agreed that the only portion needed is Section 6.02, AgP, with the remainder of the proposed amendment to be deleted as it is already set out in Ord inance No. 57. Regular City Council Meeting February 2, 1982 - Minutes Page 4 (Ordinance #8 Amendment, Continued) Attorney Hawkins advised there may be other provisions of Ordinance No.8, such as visual standards, that should be applied to the AgP zoning district, and that should be investigated at this time. Council agreed that all provisions in Ordinance 8 dealing with the R-l zone should apply to the Agp zoning as well, and that the Attorney should review this amendment for conformance prior to its adoption. MOTION by Jacobson, Seconded by Lachinski, that we give the proposed Ordinance No.8 to the City Attorney for his review to make sure that it is in the correct form and ask him to have it back on our Agenda for the next regular City Council meeting for our approval. Motion carried unanimously. Towards the end of the meeting and after further review, Attorney Hawkins advised that Ordinance 57, Section G, contains the statement "Minimum Lot Sizes, Yard Requirements, and Structure Spacings: Shall be as set forth for the R-l zoning district under the Andover City Zoning Ordinance." He felt with that provision, this proposed amendment is not needed. SCENIC RIVER DISTRICT/AG PRESERVE ZONING The Clerk stated the DNR has informed her it is legal to allow AgP within the Scenic River District, but that the most restrictive provisions of Ordinances Nos. 57 and 52 shall apply. MOTION by Orttel, Seconded by Peach, that we amend Ordinance No. 57 to show that whenever a property is zoned for Ag Preserve within the Scenic River District, the most restrictive provisions of Ordinance No. 57 and Ordinance No. 52 shall apply. DISCUSSION: Councilman Lachinski asked if there is some concern that some high- valued property could be classified as AgP. Discussion was that the land must be actively farmed to qualify, that buildings are excluded from the tax benefit under the AgP program; and that properties applying for the AgP rezonf,1g will be considered individually to determine if it meets the criteria for that rezoning. Motion carried unanimously. MOTION by Peach, Seconded by Orttel, introducing a Resolution designating specific areas in the City of Andover to be considered eligible for Agricultural Preserve Zoning, excluding the portion of the sentence in the fourth paragraph stating "and excluding those properties lying within the Scenic River District" so that it will read "lying in the rural service area as shown on the attached map." (See Resolution R4-82) Motion carried unanimously. The Attorney also advised that the abbreviation M.U.S.A. used in the first paragraph of the ordinance should be written out in full. Recess at 9:03; reconvene at 9:13 p.m. ROAD MAINTENANCE PRICE - B. KRAABEL Mr. Schrantz stated the January billing from Burton Kraabel Construction Company included the price of a wingman used for plowing during the last two snow storms. He recommended payment of the bill for 49 hours at $35 an hour for the driver, but was not authorized to pay for the additional amount for the wingman. Because Mr. Kraabel was not yet present, it was agreed to hold this item until later in the meeting. JUNKYARD LICENSE/BATSON The Clerk explained an error had been made at the last meeting, as the Batson yard does meet all the requirements of the ordinance at this time. MOTION by Orttel, Seconded by Jacobson, that the Junkyard License for Mr. Batson be approved with the contingency that the license to be subject to revocation as of May 1, 1982, if all items contained in the Junkyard Ordinance are not complied with. Motion Regular City Council Meeting February 2, 1982 - Minutes Page 5 (Junkyard License/Batson, Continued) carried unanimously. MOTION by Peach, Seconded by Jacobson, that we reconsider the prior motion concerning the Batson junkyard. Motion carried unanimously. MOTION by Orttel, Seconded by Jacobson, reinstating the same motion and include the address of 1856 Bunker Lake Boulevard. Motion carried unanimously. It was suggested that in the future, a legal description of the plat and parcel number be used when junkyard licenses are acted upon. MOTION by Jacobson, Seconded by Orttel, that we set a special City Council meeting dated Saturday, May 1, at 9 o'clock a.m. at the Anoka Auto Wrecking for the City Council to view the junkyards at this time to make sure they comply with the appropriate ordinances. Motion carried unanimously. ARDEN HILLS CONNECTION RESOLUTION MOTION by Orttel, Seconded by Jacobson, introducing a Resolution indicating opposition by the City of Andover to the Metropolitan Waste Control Commission and Metropolitan Council proposed transfer of Arden Hills into Sewer District No.2 with the change under the sixth WHEREAS, the second word "our" change to "are". (See Resolution RS-82 ) Motion carried unanimously. SNOW PLOWING POLICY Mayor Windschitl felt the snowplowing during the last snow storm went extremely well and congratulated the employees for their efforts. And he was concerned that adopting a snowplowing policy might be restrictive if it doesn't allow doing something that one's better judgement would say should be done. For example, three inches of snow might be a criteria, but there may be times when one would want to plow when there is less. He suggested the pOlicy allow the City Engineer/Public Works Director to make whatever variations he sees fit. The Mayor also felt that the control of the men in a fire emergency should be under the control of the Chief or Officer in charge. Mr. Schrantz stated three inches is a debatable amount of snow. He felt the time period could be tighted up to complete the snowplowing within 18 hours. He also presented another draft of Item D, Fire Emergency Response. Frank Stone stated if there is an emergency during day coverage, he will call people in to stand by at the fire station while a crew is out plowing. If there is a heavy snowfall, it may be necessary to run the snowplows ahead of the fire rigs, which is what the policy is addressing. Mr. Schrantz stated this policy would be in effect unless a general alarm is sounded; then all fire fighters would respond. It was agreed Mr. Schrantz and Fire Department representatives will work on that portion of the policy some more. Council also agreed some flexibility should be built into the policy to allow the City Engineer/Public Works Director to use his own judgement as to starting times, depth of snow, etc. The revised policy will be discussed at the next regular Council meeting. ROAD MAINTENANCE PRICES/B. KRAABEL, CONTINUED Burton Kraabel stated because of the type and amount of snowfall, it was difficult to operate the vehicle and to run the wing at the same time. He felt that because of the severe weather, it would be dangerous to send just one man out. Under normal conditions, only one man is used. The wingman is paid the same rate as the driver. Mr. Schrantz stated one man amounted to 49 hours at $35 an hour for a total of $1,715. The wingman was $16 an hour for an additional $480. The new rates proposed are $38 an hour for one man, and an additional $18 an hour when a wingman is used. Regular City Council Meeting February 2, 1982 - Minutes Page 6 (Road Maintenance Prices/B. Kraabel, Continued) Mr. Kraabel - stated normally a wingman would not be used except when the snow is especially deep. Council discussion was that possibly the use of a wingman should be set forth in the snowplowing policy and it then be applied to Mr. Kraabel as well; and that in the future, Mr. Kraabel should confirm the use of a wingman with the City Engineer. Also, if the City used wingmen during the last snow storm, there is probably no question that one was needed by Mr. Kraabel as well. MOTION by Jacobson, Seconded by Lachinski, that we authorize the extra payment of $480 to Burton Kraabel Construction Company for snowplowing completed in the month of January for the wingman, and to approve the new prices for Burton Kraabel Construction for snowplowing as per letter dated February 2, 1982, with the provision that a wing- man should only be used upon consulting with the City Engineer of the City of Andover and with his concurrence of the use of such a man. Motion carried unanimously. ESCROW DEPOSIT/PADULA Attorney Hawkins explained the Council passed a Resolution authorizing the retention of an appraiser relative to the Frank Padula rezoning request with the fees to be paid for by Mr. Padula from an escrow account. The day after the meeting, Mr. Hawkins contacted the appraiser, who began preliminary work immediately. However, Mr. Padula failed to escrow the funds. The appraiser was then told to stop the work, but $225 worth had already been done. Mr. Hawkins stated there is no question that Mr. Padula is responsible for that bill; however, the City hired the Allen Company and is now legally responsible for it. He advised the procedure is the City should pay the fill. Ordinance 30 clearly makes Mr. Padula responsible for it, and Mr. Padula admitted at the meeting that he would pay for it. He suggested the City Clerk file a complaint in conciliation court. MOTION by Peach, Seconded by Orttel, that the City authorize the payment of $225 to the Allen Company for appraisal fees on the Padula property; and that the City Clerk be authorized to commence conciliation court action to recover that money from Mr. Padula if necessary. Motion carried unanimously. JUNKYARD ORDINANCE MOTION by Lachinski, Seconded by Orttel, approving Ordinance amending Ordinance No. 44 effective the 16th Day of January, 1979, an Ordinance commonly known as the Junkyard Ordinance, as presented with the changes: With the spacing of trees being changed from 20 feet to 10 feet apart, and change "such living fence shall be planted within one year of the issuance of original license" to "such living fence shall be planted by May 1, 1982" and "any plant which dies or is destroyed shall be replaced during the next growing season by May 1 of the following year". Motion carried unanimously. VOLUNTEER FIRE DEPARTMENT - CIRCUS Phil Rzeszutek, fire fighter, noted the Council has copies of the contract and of the insurance coverage. Council felt that the owner of that property which will be used for parking across from the City Hall area should be added as an additional insured. Also, the Andover Fire Fighters should be listed as additional insured. Mr. Rzeszutek stated a small area is needed to set up the tent, which is entirely self-contained, the owner of the property across from the City Hall has agreed to let the land be used for parking, it is felt the Boy Scouts would help in directing traffic, the only profits the City will receive is from the advanced ticket sales, two shows will be done which can seat 1500 people each, and he reviewed the schedule and locations of the performances for the Circus during thatxime period. Regular City Council Meeting February 2, 1982 - Minutes Page 7 (Volunteer Fire Department - Circus, Continued) MOTION by Orttel, Seconded by Lachinski, that we authorize the Andover Fire Fighters, ln conjunction with the Andover Lions Club, to host a Circus from Franzer Brothers Circus on June 28 on City-owned property at the City Hall site. Motion carried unanimously. VOLUNTEER FIRE DEPARTMENT - OFFICER~DISCIPLINARYACTION OF MEMBER Bob Palmer explained he declined to run for Fire Chief for 1982 mainly because of a situation arising with one of the fire fighters. He stated Ron Keller was placed on probation for 30 days last summer resulting from a situation involving drinking. Another problem arose again the first part of January, after which he had recommended suspension from the Department. The Department's constitution by-laws read that two- thirds of the membership must approve the removal of a fire fighter from the Department. But the general membership voted to keep Mr. Keller on the Department. Because of this situation and others, Mr. Palmer stated he didn't want to be responsible for a person like that. He felt it is now up to the City Council to make a decision; however, he would not make a decision to reconsider running for Fire Chief again for another week or two. Frank Stone, Assistant Fire Chief - explained that he is now Acting Chief and reviewed the new officers elected at the last general meeting. They are: Frank Stone, Assistant Chief; Phil Rzeszutek, Secretary; and Tom Reichert, Fire Marshall. Assistant Chief Stone also explained that Mr. Keller's situation was brought before the officers prior to going before the general membership, and the officers voted to suspend him from the Department. Councilman Peach explained any recommendation for suspension must be voted on by the general membership according to the Department's by-laws; but the ordinance gives only the Council authority to remove a member only after a public hearing is held. He stated he doesn't like the idea of a vote by all the members of the Department on disciplinary actions, as it puts the fire fighters in a position they should not be put in. Any such action should be decided by the officers and ultimately by the Council. And that change could be made within the Department's by-laws. MOTION by Jacobson, Seconded by Lachinski, that we set the date of Tuesday, February 16, 1982, at 9 p.m. at the City Offices of the City of Andover for a hearing on the situation in the Fire Department pertaining to a fire fighter who is presently under suspension at the public hearing to determine whether or not that individual should be dismissed from the Department. Motion carried unanimously. Attorney Hawkins stated a record should be kept of this and the Chief should present the evidence he has showing why he feels the individual should be dismissed. He also advised that since Councilman Peach was a witness to the event, he should abstain from voting on the issue. VOLUNTEER FIRE DEPARTMENT - EMERGENCY MEDICAL SERVICE Judy Bush, EMS Coordinator - stated last year funds were authorized to reimburse those who plugged in the Rescue Vehicle during the cold weather. No claims were made last year; however, because of the extremely cold weather this year, the vehicle has had to be plugged in 24 hours a day. She estimated the cost would be approximately $3.50 a day for a 24-hour period. Council discussion was on the wattage of the heaters, calculating it should actually cost approximately $2.50 per day. Bill Bush stated he will be getting a meter to monitor the usage. If it is found the amount is more than $2.50 per day, the Council can then act on increasing the amount. Regular City Council Meeting February 2, 1982 - Minutes Page 8 (Volunteer Fire Department - EMS, Continued) MOTION by Jacobson, Seconded by Orttel, that we authorize the rate of $2.50 for a 24- hour period to individuals on the Basic Life Support team who has the system plugged into their home for that period of time. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that we approve the election of the following officers to the Fire Department: Phil Rzeszutek, Secretary; Frank Stone, Assistant Chief; and Tom Reichert, Fire Marshall. Motion carried unanimously. APPROVAL OF MINUTES December 30, 1981: Correct as written. MOTIDN by Lachinski, Seconded by Orttel, that we approve the Special City Council Meetlng Minutes for December 30, 1981. Motion carried unanimously. January 5, 1982: Correct as written. MOTION by Lachinski, Seconded by Jacobson, that we approve the Regular City Council Meeting Minutes of January 5, 1982. Motion carried unanimously. January 12, 1982: Correct as written. MOTION by Jacobson, Seconded by Lachinski, that we approve the Spec i a 1 Counc il Freeting of January 12, 1982. Motion carried unanimously. January 19, 1982: Page 3, after first paragraph to read: "Councilman Lachinski did not like the idea of the State planning the various programs for the cities without having the money to pay for them... " MOTION by Jacobson, Seconded by Lachinski, that we adopt the Regular City Council Meetlng Minutes of January 19, 1982, as amended. Motion carried unanimously. FOOTINGS/AMENDMENT TO ORDINANCE 8 MOTION by Jacobson, Seconded by Lachinski, that we send to the Planning and Zoning Commission the question of whether or not it should be a requirement in the Andover ordinances that all houses or multi-family dwellings constructed within the City limits be required to have full or half basements. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, that we authorize the Planning and Zoning Commission to proceed with the rewriting of the City ordinances and to update the bids for contractural services to provide assistance. Motion carried unanimously. PURCHASE OF COPIER Ms. Lindquist explained they have looked at several copiers and have found the Xerox 330 would meet the City's needs adequately. The machine now being used, the 3100 LDC Xerox, is costing $11,556 over a five-year period for rental. For an additional $2,000, the City can purchase a new 3300. The purchase price is $6,450 and can be financed over 60 months at $130.75 a month and with a maintenance contract of $71 per month for up to 4,000 copies. She stated they are also concerned with maintenance because the City has only one machine, and Xerox has always given very good service in the past. Mayor Windschitl was concerned about purchasing a copier outright rather than renting, leasing, or using a lease with option to buy agreement. He also expressed concern of buying something which may be obsolete already or may be very soon, that there are machines that are technically superior to the 3300 already, and that the reduction feature can be very useful. Regular City Council Meeting February 2, 1982 - Minutes Page g (Purchase of Copier, Continued) MOTION by Jacobson, Seconded by Orttel, that we authorize the City Clerk to look at lease/purchase arrangements for an IBM System, for both the three- and five-year periods and to look at Royal and Sharp machines, and report back at the next City Council meeting with her recommendations as to which machine and which way we should go. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by Orttel, that we approve Checks 4656 through 4698 with the exception of Check to TKDA, Check Number 4697, for a grand total of $31,001.34. Motion carried unanimously. (The total also includes a $3 correction to a prior tota 1. ) MOTION by Jacobson, Seconded by Lachinski, to adjourn. Motion carried unanimously. Meeting adjourned at 11:27 p.m. Respectfully submitted, ~ ~~ '. ~ C:--<,.'.. ___ \ ~v,t\) ~ l,- >fi.'(~ Mar lla A. Peach . Recording Secretary -,