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HomeMy WebLinkAboutCC November 8, 1984 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 8, 1984 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Canvas City Election S. Discussion Items a. Special Use Permit/Howard-Tempel Addition b. Preliminary Plat/Howard/Tempel Addition c. Lot Split/James Smith d. Variance/D. Carson e. Final Plat/Lund's Evergreen Estates 2nd Addition f. Final Plat/East Round Lake Estates g. Water Service/Good Value Homes, Inc. h. Watershed District/Development/Ponding i. Sewer Billing Policy j . k. l. 6. Non-Discussion Items a. Mobile Home Permit/K. Faber b. N-I Off-Sale Liquor License/G-Will's Liquors c. Cable Franchise Amendment d. e. 7. Reports of Committees, Commissions, Staff a. Fire Department Suspensions b. 8. Approval of Minutes 9. Approval of Claims 10. Adjournment --.- ~ 01 ANDOVER M E M 0 RAN 0 U M TO: COPIES TO: ATTORNEY FROM: A. ADMINIST DATE: NOVEMBER 1. REFERENCE AGENDA COMMENTS - NOVEMBER 8 REGULAR MEETING Item No. 3 - Aqenda Approval Item No. 4 - City Election Canvas Minnesota Statutes require that the City Council, by resolution, declare the results of the City Election. A resolution will be prepared. Item No. 5a - Special Use Permit/Howard-Tempel Addition The developer is requesting a Special Use Permit under Ordinance No.8M and Ordinance No. 8T to construct two (2) twin homes in their proposed Plat. Even through there was objection from neighboring property owners, the Planning and Zoning Commission felt that in view of the fact that the developers met all provisions of the ordinance, the permit would have to be approved; enclosed is their recommendation. A resolution will be prepared. Item No. 5b - Preliminary Plat/Howard-Tempel Addition Enclosed is the Preliminary Plat w/ARC comments and the Planning and Zoning Commission recommendation for approval. You will note exceptions are needed for lot depth on two of the lots. A resolution will be prepared granting approval and noting those lots for which the SUP (Item 5a) is granted for twin homes. Item No. 5c - Lot Split/J. Smith Mr. Smith is requesting approval to split an approximate 30-acre parcel into two lots; one containing 2.62 acres and the other the remnant of the 30-acre piece. Both parcels meet the requiremenĊ’of Ordinance 40. Enclosed is the Planning and Zoning Commission recommendation for approval subject to Mr. Smith furnishing the City with a written concurrence from the property owner of the original parcel. A resolution for approval will be prepared. Agenda Comments Regular Meeting-November 8,1984 Page 2 Item No. 5d - Variance/D. Carson Mr. Carson has taken his abstract to the City Attorney for review to determine the actual owner of the property on which the easement exists. To-date I have not received an opinion from Mr. Hawkins. You will recall Mr. Carson is requesting a variance to allow him to construct a residential building on a lot which does not have street frontage. The Council had previously questioned whether Mr. Carson was fee owner of the easement which does extend out to the road. If he is the fee owner, the variance would be for a frontage of 66' rather than the required 300' ; Mr. Carson originally requested a variance to allow him to construct a public road on the easement, with such road being built to gravel standards rather than the required bituminous. Item No. Se - Final Plat/Lund's Evergreen Estates Epclosed is the Final Plat of Lund's Evergreen Estates. To-date we have not received the Title Opinion or the Park Dedication Fee. The Plat conforms to the Preliminary, except for lot boundary changes. Note that the Final only includes a portion of the Preliminary Plat. Additional Escrow Deposit is required to cover the costs of signs and fees; the total amount is $3,106, with $l~OOO~paid, leaving a balance of $2,106.00 plus the $2,000 park dedication fee. A warranty deposit in the amount of $5,000 will be required on the streets. Item No. 5f - Final Plat/East Round Lake Estates Enclosed is the final plat of East Round Lake Estates. The Plat does conform to the Preliminary Plat. The attorney has done the Title Opinion; we should have it by the meeting. A street warranty deposit in the amount of $3,000 is required to cover the remaining street work and any defects. An escrow deposit in the amount of $1,975 is required for signs and fees ($2,475 Total less $500 already paid) . The park dedication fee in the amount of $6,800 has not yet been paid to the City. Item No. 5g - Water Service/Good Value Homes, inc. Meetings are scheduled prior to the Council Meeting between the developer, TKDA and City people; a report will be prepared for the meeting. Item No. 5h - Watershed District/Development/Pondinq The Mayor, City Engineer and I met with County Officials and Watershed people to discuss changes in manner of cost distribution for the Ditch No. 57 repair and the developer costs for reservoirs Lor ponding. Both the Watershed Engineer and the Watershed Board are going to explore these changes and report at a meeting later this month. Item No. 5i - Sewer Billinq policy Attached is a copy of a resolution covering the Sewer Billing Policy. You will note the second paragraph indicates that billing begins with the sewer connection. In most cases, the plumber connects the sewer at the time he does the "rough-plumbing"--this is usually some period prior to the time the owner moves into the house. An' amended Agenda Information November 8, 1984 Reg...~ar Meeting Page 3 Item No. 5i- Sewer Billing Policy (continued) resolution is enclosed indicating the user charge should start at the time the Certificate of Occupancy is issued. Item No. 6a - Mobile Home Permit/K.Faber Enclosed is a request from K. Faber to park a móbile home on their property while their residential dwelling is being constructed. Pursuant to the ordinance, the Temporary Permit would be for a period of 90 days to February 8, 1985. Item No. 6b - N/I Off-Sale Liquor License Approval is being requested by G-Will's Liquors to sell Non-Intoxicating Malt Liquor. They presently have an Off-Sale Intoxicating Liquor License. This license does not allow them to sell any beer containing less than 6.0% alcohol. Item No. 6c - Cable Franchise Amendment Enclosed is the amendment covering the settlement agreement. A motion is needed for approval. This is a portion of the settlement approved in early 1984 for non-completion of the system per the Franchise. Item No. 7a - Fire Department Suspensions A vote of the Fire Department For/Against the enclosed Amendment to the By-Laws resulted in a 13/13 tie; therefore, per City Ordinance the Council must make the final decision on the termination of those firefighters suspended for non-compliance with the order to remove all facial hair. Item No 8a - Approval of Minutes September 13, September 18, October 4, October 11, October 16. Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - NOVEMBER 8, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on November 8, 1984, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Commission Chairman, Don Spotts; City Clerk/A. Administrator, P. K. Lindquist; and others RES WENT FORU~1 Carroll Abbott, 2917 l42nd Lane - congratulated Mayor Windschitl and Councilmen Lachinski and Orttel on winning the election. He stated he has spoken to one of the Councilmen about the stop signs in Northwoods, hoping it would be discussed this evening and some positive action taken. Bob Palmer, 2540 140th Avenue - stated the neighbors have asked him to get an update on the sltuat10n of the house in their neighborhood. Since the meeting, the owner has hauled out one big dumpster of trash, so it is cleaned up more; but the house is still on site on movers' dollies. Attorney Hawkins reported he has the order signed but to date has not been ab~è to find the owner to serve him the papers. He will check on this further tomorrow. Ron Ferris, 14940 University Avenue - stated he had previously brought a petition to 1mprove University Extens10n and asked for an update on the situation. Mr. Schrantz stated he has discussed the problem with one of the councilmen in Ham Lake but nothing further has been done. The City will not have MSA funds available for this project until 1986. Council directed the City Clerk to set up a joint meeting with the Ham Lake City Council to discuss the matter. Bev Christenson, South Coon Creek Drive - asked why Archie Kirchner is allowed to have a fence all the way up to the road, when she was told her fence had to be back off the easement. She did not think that was fair, that all residents should be treated equally. Secondly, she asked why the telephone line is being placed on the south side of the road at the edge of the teas' when they are putting it on the edge of the easement on her side. She didn't feel that was fair either. She also wanted to know if her driveway would be left the way it is now through the winter. Her yard is in shambles, noting there is a l~-foot drop at the edge of her driveway. Mr. Schrantz stated the telephone company is putting in the telephone lines, not the City. The cut in front of her home is to get ready for the subbase and base and will be brought up to match her yard. The road will be graveled this year, with the curb and gutter and blacktopping done in the spring. Mayor Windschitl felt if the Kirchner fence has been up for years, that there is nothing the Council can do at this point in time. When there are ordinance changes, the City cannot make the nonconforming use to be brought into compliance. Ms. Christenson - was sure her taxes would decrease immensely as a result of the proJect and asked how that could be checked out. Mayor Windschitl stated she can check with the assessor at the county courthouse. Ms. Christenson - asked if they are considered a city and is it legal to have geese and other animals, noting the animals owned by a neighbor. Mayor Windschitl suggested she check with the zoning and allowable uses with the City Clerk. Regular City Council Meeting November 8, 1984 - Minutes Page 2 AGENDA APPROVAL MOTION by Lachinski, Seconded by Knight, to approve the Agenda as published with the following modifications: that we take up the Bond Sale, Item 5j, immediately after Canvassing the City Election, and add Item 5k, Northwoods Stop Signs; Item 51, Landfill Discussion; Item 6d, Andover Athletic Association; and Item 6e, School Pride Week. Motion carried unanimously. CANVAS CITY ELECTION The following precinct Chief Election Judges approached the Council, all indicating there were no irregularities or problems relating to the election process within the City of Andover: Precinct #1, Lois Benson; Precinct #2, Peg Wick; Precinct #3, Mary West; and Precinct #4, Mary Ann Bolster. MOTION by Elling, Seconded by Knight, that we introduce a Resolution canvassing the returns of the Municipal Election held on the 6th Day of November, 1984, as presented. (See Resolution Rl17-84 declaring the winners to be Jerry Windschitl for Mayor and Ted Lachinski and Ken Orttel for Council), Motion carried unanimously. The Clerk/A. Administrator then reviewed her November 8, 1984, memo concerning the problems encountered at the County Ballot Counting Center. Some judges worked for as many as 30 hours, noting the frustrations of having to wait and the taking of "flagged" precincts that have been designated by the news media prior to anyone else regardless of when those judges arrived at the courthouse. This happens every election even though each year the county assures them that everything is under control. She requested authorization to prepare a Resolution asking the county to please do something about the problem. Council agreed that the situation is intolerable. MOTION by Knight, Seconded by Lachinski, that we adopt a Resolution ordering Pat (L1ndquist) to draw up a Resolution stating our complaints in regard to the vote counting procedures with the county. DISCUSSION: Ms. Benson - stated they didn't have any problem with their precinct, but for some reason only one computer was working; and that wasn't working correctly. She didn't know what the problem was. She noted the whole procedure at the county was frustrating. Ms. West - stated there was only one reader working; whereas other years they had two readers, which made it much faster. Motion carried unanjmously. Rosella Sonsteby, 4151 141st Avenue NW - asked for a recount for Mayor and Councilmen, as she thought there were some discrepancies. (Later in the meeting Ms. Sonsteby presented a written notice to withdraw this request.) BOND SALE Attorney Hawkins reported he solicited quotes from three firms for $300,000 General Obligation Improvement Bonds used to finance the Hughs Addition Improvement, the west end of South Coon Creek Drive sanitary sewer and water improvement, and the Kadlec Addition improvements. The bond is structured to coincide with the term of the assessments, which is 15 years on all but the Kadlec Addition. They received one bid from Guran and Moody, which was presented this evening by Brad Fahrnam. The bid is for a net interest rate of 10.03 percent, total interest cost of $270,810. The tot a 1 amount they would pay for the bond is $294,210. Mr. Hawkins pointed out that the last five years of the 15-year bond issue are subject to redemption by the City anticipating sales and prepayments, which would reduce the costs. The alternatives are to accept the bid if the Council feels it is reasonable, Regular City Council Meeting November 8, 1984 - Minutes Page 3 (Bond Sale, Continued) to reject the bid and solicite other quotes, or use the funds remaining in the 80-3 project construction fund. This was rated by Moody at BAA. Brad Fahrnam, Guran and Moody - suggested restructuring the issue to get the rate down. He felt the bid 1S a good one even though it is a negotiated sale. But he didn't know if a great deal would be saved by rejecting the bid and rebidding. There may be some possibilities by restructuring. Mr. Hawkins explained the reason it was structued in this fashion is because a good portion of the issue is for Kadlec's Addition, and it is not known when that will be developed and when those assessments will come in. Mr. Eahrnam - thought that structure is not uncommon. He also explained there is a lot of activity in the market between now and January, and they are advising their clients to stay out of the market for now and come back in in early February. He has not run a schedule as to what the effective rate would be if the bid were re- structured. And he thought the City was seeing the effect of the improved market in this bid. He also stated the bid is only good tonight. Council generally thought the net interest bid was high and also noted there is no pressure to accept the bid because of the funds that could be available from the 80-3 project construction fund. The understanding was to go out for this bond in the hopes of getting a better rate than the 1980-3 fund, a~d that has turned out not to be the case. Also, because there is no immediate need for the funds, it was felt the City could also wait until February to market the bond again. Council agreed not to accept this bid and asked the Attorney to work with Mr. Fahrnam to see if a better rate could be arrived at if the bond was restructured. It was agreed to put this item on the Agenda for the November 20 meeting. SPECIAL USE PERMIT - PRELIMINARY PLAT - HOWARD/TEMPEL ADDITION Chairman Spotts reviewed the Planning Commission's recommendation to approve the special use permit and preliminary plat of the Howardl/Tempel Addition. He also noted the opposition from some of the neighbors about the twin homes, their concern being the property might be degraded into rental property and a two-story structure might obstruct their solar rights. Dale Howard - stated he has placed a covenant in the plat that only split homes would be allowed on those lots, no two-story houses. He also showed the Council a drawing of the twin homes he is considering for construction on the twin-home lots. He intends to have a zero-lot line agreement and sell each half of the double. Council noted the drawing and elevation of the twin homes should be attached to the ,special use permit; ard if Mr. HQ#ard would want to make any changes, the special use permit would have to be amended. lhere was some discussion on whether the twin home lots would meet the radius requirement at the setback to construct the home proposed. Council felt plat approval shoûld be contingent upon the drawing in of the lot split of each multiple lot plus the actual house dimensions being drawn on the multiple lots. Mr. Schrantz stated the developer hopes to have some of the improvements done this year. The contractor from Kadlec's Addition is willing to do the sanitary sewer under a change order with existing prices. An escrow is needed, but he does not have an approved plat or a development contract. Mayor Windschitl stated there must be something in place that would protect th~ City. It would be acceptable for the developer to post a Letter of Credit for the outstanding balance until the plat is filed. It was also felt a final plat could be filed within a relatively short period of time. Regular City Council Meeting November 8, 1984 - Minutes Page 4 (Special Use Permit - Preliminary Plat - Howard/Tempel Addition, Continued) Mr. Howard - stated he anticipated constructing a home on the plat in February. Counci I agreed to leave the option up to the developer as to whether to post a Letter of Credit or enter into a development contract regarding the improvements. Mr. Schrantz stated at any rate, the developer should provide $500 for the feasibility report at this time. MOTION by Orttel, Seconded by Lachinski, that we approve the Preliminary Plat of the Howard-Tempel plat and Special Use Permit for the same Addition to allow construction of two twin homes as shown on Proposed Lots 3 and 4, and subject to the plat being revised to show the zero lot line housing; and note that the Special Use Permit for the multiple housing will be tied to the elevations of the multiple unit dwelling level shown this evening and attached to the plat. (See Resolution Rl18-84) Motion carried unanimously. MOTION by Orttel, Seconded by Knight, that we authorize the Engineer to proceed with the change order of Project 84-7 to allow construction of sewer improvements in the Howard-Tempel Addition, subject to the petitioner bringing in security deposit and Letter of Credit for construction costs. Motion carried unanimously. LOT SPLIT/JAMES SMITH Chairman Spotts reviewed the Commission's recommendation to approve the lot split request of Jim Smith. Jim Smith, 1533 Sunny Way Court - stated he has actually measured and found the north line is 150 feet from County Road 58. Council had some concern that the slip of property to the north of the lot being created would be a problem in any future platting of the property. Mr. Smith - stated the lot being created is the most logical place. They cannot go any further south because of the existing house, the trees, and the horseshoe driveway. MOTION by Knight, Seconded by Elling, that we approve the requested Lot Split for James Smith approximately 150 feet south of the northwest corner, subject to the receipt of the legal survey. (See Resolution Rl19-84) Motion carried unanimously. VARIANCE/D. CARSON A'ttorney Hawkins reviewed the request for variance by Mr. Carson to allow construction of a house on the back lot. Mr. Hawkins stated his research has found that Mr. Carson does own the 66-foot easement from Round Lake Boulevard for ingress and egress to the lot, but he does not own the underlying fee interest in that property. As far as he can determine, the actual fee title is still owned by Mr. Chutich; so Mr. Carson does not have frontage on a public road as such. Dick Carson - asked if Joe Chutich would deed that easement to him, would he then have frontage. Attorney Hawkins stated yes, but the City would not take it as public property without a road being put in there. Mr. Carson - stated he would be willing to upgrade the road to a Class 5 standard, or he would be willing to construct a private driveway to the driveway standards if he owned the easement. He would like to build on the back five acres, but he felt it is too expensive to have to blacktop the road just to service one property. If he could acquire the easement, he asked would the City allow him to have a private driveway. Attorney Hawkins advised for purposes of the ordinances, if Mr. Carson acquired fee title, he would then have frontage on a road. Then the question is whether the Council wants to grant a variance to allow the building on the lot which has only 60 feet of frontage at the setback line. Regular City Council Meeting November 8, 1984 - Minutes Page 5 (Variance/D. Carson, Continued) Mr. Carson - stated he is certain he would be able to obtain fee title to the easement. If he does so, he again asked if he would get the variance needed to construct a house on that property. He intends to construct the house about 3/4 of the way back of the lot, so his driveway from Round Lake Boulevard would be 700 to 750 feet long. The Clerk clarified that in this instance Mr. Carson would need to obtajn fee title to that piece and attach it to the main piece so it is all one lot. Then a variance would be needed for 240 feet of lot width, 30 feet back from the road as defined by the ordinance. There was a lengthy discussion by the Council on the concept of granting the variance for lot frontage assuming Mr. Carson obtained fee title to the easement and attached it to the main lot. Those opposing the variance argued it would be setting a precedent allover the city of allowing little neck lots with 30 to 60 feet of frontage and the main lot behind some other parcel. It was also argued that in other similiar cases in the past, the property owner was required to construct a city street back to the parcel, questioning why the policy should be changed now. Plus the back lot in question was illegally created after the ordinances were in place, aúd allowing the variance legitimizes the lot. The justifications for allowing this particular variance were that the location of the easement is not a logical place for a city street, that a city street and cul de sac to serve just one residence is costly in terms of maintenance, that a private drive in this instance allows for the most logical use of the land, and that:there is no other logical way to service this parcel except from the south and that is not possible without crossing another's property. MOTION by Elling, Seconded by Knight, that we would be willing to grant a variance for lot width under the conditions that Mr. Carson obtain fee ownership of the easement strip as it now exists, 60 feett The reason we would do this is because it would provide a reasonable use of the land and it is not a logical location for a street extension as shown. DISCUSSION: Councilman Orttel again presented his arguments opposing the variance, asking how the development of neck lots throughout the entire city could be stopped after it is once approved. Councilman Elling and others felt that in this instance there is no other logical way to service the lot, that Mr. Carson is not trying to subvert the platting ordinance, and it is a reasonable use of the land. If neck lots were being proposed to subvert the ordinance, he would definitely be against it. Attorney Hawkins advised that what is being done is a neck lot with a narrow strip of land to the road is being created, and the Council mast decide whether or not to allow it. It is a policy decision. To prevent the creation of other neck lots within the city, the Council must try to find something that can differentiate this instance from others. Mayor Windschitl felt this is not unreasonable for this particular piece of land but was concerned that standards be set out in the ordinance to prevent this from being abused throughout the city. It was generally agreed that if this variance were to be allowed, the Planning Commission should be directed to consider providing criteria and setting standards for when neck lots would be allowed so the City would have some control over them. VOTE ON MOTION: YES-Elling, Knight, Lachinski; NO-Orttel, Windschitl Motion carried. MOTION by Elling, Seconded by Knight, that we refer to the Planning and Zoning Commission for review any recommendations for correction of any future problems for this situation brought up tonight. DISCUSSION: Councilman Elling suggested the P & Z look at priorities, standards, and criteria to be set up. Councilman Orttel hoped they would address the whole idea of whether or not these neck lots should be allowed. Motion carried unanimously. Regular City Council Meeting November 8, 1984 - Minutes Page 6 FINAL PLAT/LUND'S EVERGREEN ESTATES SECOND ADDITION The Clerk reported all fees have been paid. Attorney Hawkins stated one of the parcels needed to be conveyed to the developer, ,and he suggested approving the plat contingent upon making sure the conveyance is recorded. Otherwise, the title is fine. The payment of the delinquent taxes must be paid before the plat is filed. MOTION by Orttel, Seconded by Elling, that we approve the Final Plat of Lund's Evergreen Estates Second Addition subject to the recording of the deed from one of the property owners to Mr. Lund, and the completion of the grading and seeding of the ditches. (See Resolution R120-84) Motion carried unanimously. FINAL PLAT/EAST ROUND LAKE ESTATES The Clerk stated she has received all the escrow, park dedication, and maintenance security. Attorney Hawkins gave a favorable title opinion. MOTION by Orttel, Seconded by Knight, that we approve the Final Plat of East Round Lake Estates as presented. (See Resolution R121-84) Motion carried unanimously. ELECTION Mayor Windschitl read into the record a written statement from Rosella Sonsteby, 4151 141st Avenue, withdrawing her request to have the ballots recounted for the November 6, 1984, municipal election. MOBILE HOME PERMIT/K. FABER MOTION by Knight, Seconded by Orttel, that we grant a request for a Mobile Home Permit for Kenneth Faber at 378 166th Avenue NW, subject to adequate hookup for sewer and water, for a period not to exceed gO days. Motion carried unanimously. Recess at 10:00; reconvene at 10:12 p.m. FIRE DEPARTMENT SUSPENSIONS Acting Fire Chief Bob Palmer and Firefighters Tom May and Dale Mashuga were present. The letter from Firefighter Bob Dillon to the Mayor was acknowledged. Mayor Windschitl stated the last time this was discussed, he had stated the three men who had been suspended as a result of the facial hair issue were still active as far as their pension was concerned. That is incorrect, as in reading the Revision C of the Andover Fire Fighters Relief Association, Section 2, Item b, those under suspension do not accrue pension benefits. Acting Chief Palmer stated the Department voted on the proposal for limited membership, but it was defeated on a 13-13 tie. A 2/3 vote was needed to implement such a change. He asked that the Council make a decision this evening as to whether to terminate or retain the three individuals. Mayor Windschitl reviewed the duties of the Fire Chief according to Section 4 of Ordinance 42, stating the Council should first make a determination as to whether or not the Chief at that time acted properly. He also stated he spent some time researching the OSHA regulations on this matter and found that the regulations not only applies to facial hairs but to other conditions such as dentures, scars, contact lenses and glasses. He also explored the language in their Operators Manual, and there is nothing in the OSHA regulations that would prevent someone with these condi- tions from being on the scene of a fire. They require that each of the fire departments have an operating procedure for breathing apparatus and have a statement that in the event of a hazardous situation, anyone that can't wear a breathing apparatus would have to leave the scene. Regular City Council Meeting November 8, 1984 - Minutes Page 7 (Fire Department Suspensions, Continued) During the discussion, the Council generally felt that Chief Frank Stone acted properly in suspending the three men with facial hair and reported those actions to the Council. The difficultly now is trying to find some vehicle of allowing these three gentlemen to keep their pensions, as State law does not allow any compensation from the pension fund until a firefighter is vested with 10 years' active service in a department. Council then discussed the situation and possible solution~ for approximately two hours. It was suggested that money be raised for the three men to compensate for their years of service to the Department either by having several fundraisers or by having the firefighters allocate next year's city contribution to the Relief Association to those three firemen instead. After some discussion, it was felt that the second suggestion may not be legal according to the State. MOTION by Orttel, Seconded by Lachinski, that the Council confirm the fact that the F1re Chief acted properly in suspending the bearded firefighters based on safety information available at that time. Since then new information indicates that such individuals can function within the Department; arid the Department is hereby directed to prepare a Procedures Manual that limits who in the opinion of the safety officer cannot get a good seal on an air mask. DISCUSSION: After some discussion on how such personnel would function within the Department, on how to discourage others from wanting to be placed on the limited duty status, on what would happen if such individuals would put on breathing apparatus in defiance of the regulations, and on the amount of pension that would be lost by these three individuals if they were dismissed from the Department, Councilmen Lachinski and Orttel WITHDREW the Second and the Motion. MOTION by Orttel, Seconded by Lachinski, that the City Council confirm that the Fire Ch1ef acted properly in suspending the bearded firefighters based on safety information available at the time, and he properly reported to the City Council; the Council asked him to try to solve it internally within the Department. That was not possible, and it was brought to the City Council for final disposition as required in the Constitution. Motion carried unanimously. Further discussion was on the actions of the Department, the effect this has had on the Department, possible reactions of the Department and men involved if they were retained on a limited duty status, the rules and regulations of the Relief Association, and the effects on those firefighters who are terminated or must leave the Department prior to being vested at ten yeas of active service. Councilman Orttel felt that by failing to get the 2/3 vote of the firefighters to dismiss the three men from the Department, they are in effect saying they want to keep them as firefighters. Given the fact that these men have served the Department, had been grandfathered in in 1980, and have accumulated a pension, they should be retained on a limited duty basis. Councilman Elling was concerned with the legalities of retaining these men and their insurability. It was thought by several that the firefighters would be covered. All the Councilmen then indicated they did not want to see these men terminated, but the question is what is best for the Department and what should now be done. MOTION by Orttel, Seconded by Lachinski, that we have information available to indicate that the members who cannot get a good air seal can function under most roles of the Fire Department and thereby benefit the City; therefore, the Department is hereby directed to prepare a Procedures Manual that limits the duties in which any firefighter who at the opinion of the safety officer cannot get a good seal onhjs airmask or who for any other nonmedical reason should have limited duties or/~8rk in the proximity of the fire scene. DISCUSSION: Councilman Orttel stated the intent would be they would remain on active duty, accrueing their pension; but the Procedures Manual would Regular City Council Meeting November 8, 1984 - Minutes Page 8 (Fire Department Suspensions, Continued) dictate what duties those individuals can or cannot perform. This classification would not be limited to those with facial hair but for any nonmedical reason. Councilman Knight wondered if a reserve would be a better method of retaining members on active duty, but no one was sure how such a system would function or whether or not those in the reserve would be considered active and therefore accureing their pension. Councilman Lachinski wanted to keep these individuals on the Department but wanted to provide enough penalty in the classification to discourage everyone in the Department from going on it at a whim or out of spite. AMENDMENT TO MOTION by Lachinski, Seconded by Orttel, to add to the Motion that llmited duty members shall be compensated on a point system that is only 25 percent of the pay rate of fully active members. DISCUSSION: Councilman Lachinski felt this would provide enough penalty that no one would want to go on this status without a very good reason. And the Procedures Manual would spell out exactly what type of problems would allow a firefighter to be placed in this category. He felt this was a reasonable way to protect the pension for individuals. And if too many firefighters are going on this status for spite, then the penalty is not high enough and the Fire Department and Council should change the percentage down to zero. VOTE ON AMENDMENT: YES-Knight, Lachinski, Orttel, Windschitl; NO-Elling Amendment carried. AMENDMENl TO MOTION by Lachinski, Seconded by Orttel, that firefighters placed on limited duty shall not be allowed to be line officers. Amendment carried unanimously. AMENDMENT TO MOTION by Lachinski, Seconded by Knight, to clarify that until the Fire Department establ1shes written procedures as to the use of limited duty personnel, that such personnel cannot participate at the scene of the fire. Amendment carried unanimously. VOTE ON MAIN MOTION: Carried unanimously. MOTION by Lachinski, Seconded by Elling, that the three firemen who were suspended for having beards be placed back on active status but on limited duty. Motion carried unanimously. Council felt that most of the questions asked in Mr. Dillon's letter were either answered or no longer pertinent given the action the Council has just taken on the issue. ANDOVER VOLUNTEER FIRE DEPARTMENT Acting Chief Palmer requested the $1100 received from Burlington Northern for putting out fires along the railroad tracks be used for the purchase of protective gear. MOTION by Lachinski, Seconded by Knight, that the funds collected for, fire fighting on the railroad tracks be transferred to the Fire Department budget for purposes of purchasing protective gear. Motion carried unanimously. Firefighter Tom May presented a November 7, 1984, memo to the Mayor and City Council recommending capital equipment purchases for three-way portable monitor, master stream nozzle, and three pagers with leather cases. MOTION by Elling, Seconded by Knight, that we approve the Fire Department Capital Purchases as indicated on the November 7 memo. Motion carried unanimously. Regular City Council Meeting November 8, 1984 - Minutes Page g PARK AND RECREATION COMMISSION - HAWK RIDGE PARK DEVELOPMENT Park Board Chairman Merlyn Prochniak presented a sketch of the proposed park development of Hawk Ridge Park, the grading and seeding work previously authorized by the Council to be done by Larry Carlson with credit given to his cash park dedication for two of his plats. They would like to start the work this fall, as Mr. Carlson's contractor is working in his plats right now. The park dedication from both of Mr. Carlson's plats is estimated to be approximately $13,000. Mr. Schrantz indicated he would receive a quote from Mr. Carlson's contractor and from Burton Kraabel to determine who would be the lowest bidder. There was a considerable amount of Council discussion as to whether this park should be improvedõ'- given its close proximity to the northern border and to Oak Grove, or whether the funds should be used to develop other parks that would have a greater use by Andover residents such as Fox Meadows or Northglen. Because the Council had made the commitment to Mr. Carlson to allow him to grade and seed the Hawk Ridge park, the City should honor that commitment. But Mr. Prochniak and Mr. Schrantz were asked to talk with Mr. Carlson to see if he would be willing to do the grading and seeding of Fox Meadows ,instead. Mr. Prochniak was also asked to have sketch plans prepared and park development prioritized, particularly for Fox Meadows and Northglen. If time becomes a factor and the work on Hawk Ridge park cannot be done this fall,'.the entire situation will be studied and a decision made before spring. Chairman Prochniak also asked for authonization to construct a sliding hill and increase the size of the parking lot in the Barnes Rolling Oaks Park at a cost of approximately $1200. MOTION by Orttel, Seconded by Elling, that we authorize up to $1200 to increase the size of the sliding hill and parking lot in the Barnes Rolling Oaks Park. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 8538 through 869j for the sum total of $163,136.41. Motion carried unadimously. PROCLAMATION FOR SCHOOL PRIDE WEEK Mayor Windschitl read the prepared Proclamation for School Pride Week of Independent School District No. 11, November 11 through 17. NORTHWOODS STOP SIGNS Councilman Elling stated the problem along Crocus has been resolved for the most part, and he suggested the Engineer look into whether it would be appropriate to remove the stop sign at 140th and Crocus or at 139th and Crocus. He stated he has emphasized to the residents if the stop sign has to be installed again, it would be done so permanently. MOTION by Elling, Seconded by Knight, that we request the City Engineer to look at the proposal of removing the stop sign at 140th and Crocus and give him the authority to remove it. Motion carried unanimously. LANDFILL SITUATION Mayor Windschitl stated the generators want to come out with their engineers to discuss the situation. Council agreed to have the Clerk set up such a meeting with the intention of providing a written summary of the meeting to the residents. MOTION by Orttel, Seconded by Elling, to adjourn. MOJ~~im¿~~ Meeting adjourned at 1:22 a.m. M.r plla pp'rh Rernroinn ~ rret'rv