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HomeMy WebLinkAboutCC September 18, 1984 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 18,1984 AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4 . Public Hearing - IP84-5 (Hughs Addition)-Street Assessments 5. Public Hearing - IP83-2,2A,3 (Northglen II, Shirley's Addition Rosella's Addition Improvements-Assessments 6. Discussion Items a. Preliminary Plat/Prairie Meadows b. Vacation of Easement Public Hearing/Prairie Meadows c. Preliminary Plat/Woodland Ridge d. Preliminary Plat/Cunningham Addition e. Sketch Plan/Lakeside Villas f. Policy/Ownership-Public Utilities g. Street Section-Rural Subdivisions h. - i. 7. Non-Discussion Items a. Resolution/Branch Library b. Meeting Date/Schrantz, Lindquist-Salaries c. 8. Reports of Commissions, Committees, Staff a. Fire Department/Suspensions b. Community Schools 9. Approval of Minutes 10. Approval of Claims 11 . Adjournment - ~ 01 ANDOVER M E M 0 RAN 0 U M TO: COPIES TO: FROM: CITY CLERK A DA TE: RE FE RENCE: AGENDA INFORMATION - SEPTEMBER 1R. 1c)R4 MF.F.'T'TNr. Item No. 3a - Aqenda Approval Please add Item No. 7a - Resolution/Branch Library Request. Delete Item No. 6b - Vacation of Easement (170th Lane)-see 6a. Item No. 4- Public Hearinq/Huqhs Addition/IP84-5 (Street Improvement) This hearing is for the adoption of the Assessment Roll covering the street improvement in Hughs Addition. The assessment is being made on a "unit" basis and differs from the amount given at the Project Public Hearing by a reduction of $150.00. A resolution will be prepared accepting the roll for certification. Item No. 5 - Public Hearing/IP83-2 (Rosella's Addition), IP83-2A (Shirley's Addition) and IP83-3 (Northqlen II) This hearing covers the assessments to be adopted for the above referenced areas. All assessment rolls show a lesser cost for all three improvement areas ' than that given at the Projects Public Hearings. The interest rate on these projects is 8.5% for the first two years, and 10.5% for the next 13 years. None of these rolls will be certified to Anoka County; rather, all annual billings, etc., will be handled through the City; an annual certification will be made on those lots for which the assessment is not paid each year before September 15. The bonding for these improvements is in the form of Temporary Bonds, therefore, it will be necessary to secure permanent financing in 1986 should any substantial amount of assessments remain unpaid. A resolution will be prepared for acceptance of the roll. Item No. 6a - Preliminary Plat/Prairie Meadows Attached is a recommendation from the Planning and Zoning Commission for approval of the Plat with some exceptions as shown. There are some engineering questions still yet to be resolved, however, that should be accomplished by the Tuesday meeting. 170th Lane Easement - Further checking has indicated that this easement was never accepted by the City; therefore, a vacation of same is not in order. All that is required is a IIRelease" of the easement from the abutting property owners. Such release will allow Mr. Carlson to develop the parcel as shown on the plat. Agenda Comments Regular Meeting - 9/18/84 Page 2 Item No. 6c - Woodland Ridqe/Preliminary Plat Attached is the Planning & Zoning Commission recommendation for approval of the Preliminary Plat as presented. You will note there are some exceptions being included as approved with the recommendation. Also enclosed is the Park & Recreation Commission recommendation for cash in lieu of land as park dedication. A resolution will be prepared granting approval. Item No. 6d - Cunninqham Addition/Preliminary Plat This plat as now presented is a completely different lay-out than that approved earlier by the Council as a Sketch Plan. The Planning & Zoning Commission had scheduled a Public Hearing and advertised for same prior to the plan change, however, they felt that it should be handled as a Pre-Plat rather than starting over with a Sketch Plan. Enclosed is their recommendation for approval. You will note the p&Z also held an "Easement Vacation" hearing in conjunction with the Plat; and are recommending approval as shown. There are two contingencies listed, that being on the indication of specific filled areas; and on driveway location for Lot 3. Inasmuch as an existing park abuts the Plat, the Park Board is recommending cash in lieu of land for dedication. Item No. 6e - Sketch Plan/Lakeside Villa Enclosed is a Sketch Plan for proposed multiple units to be developed by John Thomsen on the property between Round Lake Boulevard and the Lake just off 144th Avenue. This Plan will need conceptual approval by the Council before the developer proceeds with the Prelimary Plat. Item No. 6f - POlicy/Ownership-Public Utilities This item is to be deleted from the agenda. Item No. 6q - Street Section/Rural Development Enclosed please find a recommendation from the City Engineer for the development of streets in the rural area. Item No. 7a - Resolution/Branch Library Request Mayor Windschitl has talked to several individuals regarding the establishment of a branch library in Andover; he has been advised that all that is required is the adoption of a resolution requesting same. Attached is the resolution for your action. Item No. 7b - Set Date/Meeting W/Schrantz, Lindquist-Salaries This meeting is as a result of the Budget Meeting on September 13. Agenda Comments Regular Meeting-9/18/84 Page 3 Item No. 8a - Fire Department/Suspensions The Fire Department is requesting Council action to end the stale- mate on the suspensions of three firefighters who refuse to comply with OSHA standards relating to beards and moustaches. Also enclosed is a resignation from the Fire Chief, Frank Stone. A motion is needed to accept/refuse the resignation and accept an "Acting Chief" to cover until AFD elections in January. Item No. 8b - Community Schools Coordinator Melanie DeLuca has requested time to share with the Council the programs and activities planned for the fall sessions. Enclosed is one of the brochures being circulated. Item No. g - Approval of Minutes July 17, July 26, August 7, August 14, August 21, September 4 Enclosures ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 18, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 18, 1984, 7:30 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, John Burke; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Luke Davich, 2780 South Coon Creek Drive - asked to apply tor a special use permit for a nursery on his property. He lS zoned R-4 but the area is relatively rural. He has ten acres. He would like to beautify his property and is interested in horticulture.. It is basically a hobby and possibly may grow bigger some day. Ms. Lindquist stated she has talked with Mr. Davich. There is no provision in the ordinance allowing a special use permit for a nursery. The only recourse would be to rezone the property to R-l. After some discussion, the Council generally had no problem with the concept of allowing a tree nursery in that area, as it is basically a rural area and would not be offensive in any way. Council preferred to change the ordinance to allow nurseries in the R-4 district by special use permit rather than rezoning that area to R-l. MOTION by Elling, Seconded by Orttel, that we refer the item of a special use permit for nursery in the South Coon Creek Drive area to the Planning and Zoning Commission for their review and comments. Motion carried unanimously. AGENDA APPROVAL The following changes to the Agenda were proposed: Delete 6b"Vacation of Easement Public Hearing/Prairie Meadows; and add Items 6h, Shopping Center Discussion; 7c, 1985 Budget; 8b (1), City Hall Park; 8c, Landfill Discussion; 8d, Clarification of Liquor License on Election Day; 8e, Regulation on Videos; and 8f, Round Barn Question. MOTION by Knight, Seconded by Elling, that the Agenda be approved as proposed. Motion carr1ed unanimously. PUBLIC HEARING - IP84-5 (HUGHS ADDITION) - STREET ASSESSMENT MOTION by Elling, Seconded by Knight, to introduce a Resolution adopting the Assessment Roll for the improvement of bituminous streets for Hugh's Addition (IP84-5), for certification. (See Resolution R092-84) Motion carried unanimously. PUBLIC HeARING - IP83-2, 2A, 3 (NORTHGLEN II, SHIRLEY'S ADDITION, ROSELLA'S ADDITION IMPROVEMENTS - ASSESSMENTS) Several residents from the Northglen Additions were present who were notified of the assessments on their lots. Mr. Schrantz explained that by law the City had to send them the notice as owner of the lot of record. However, Good Value Homes has escrowed the funds for those assessments per their development contract for any lot in the Northglen Additions. Those present were from 3801 139th Lane, 14054 Underclift, 14036 (1 ) , 14402 Tulip, and 3747 140th Street NW. MOTION by Orttel, Seconded by Knight, directing the City Attorney to prepare a Resolution for the adoption and annual certification of the assessment roll for Northglen Second and Fourth Additions. (See Resolution R093-84) Motion carried unanimous ly. Regular City Council Meeting September 18, 1984 - Minutes Page 2 (Public Hearing - IP83-2, 2A, 3 - Assessments, Continued) Mayor Windschitl read a letter into the record from Rosella Sonsteby, 4151 l41st Avenue NW, dated September 18, 1984, questioning some of the items in the assessment and objecting to the assessment in Shirley's Addition for the force account work, stating it is a notice of appeal for that assessment. Ms. Sonsteby - stated she has no objections to the assessments for Rosella's Addition, but asked what the statement on the bottom of the assessment notice meant that the assessments are over $1 million. John Davidson of TKDA explained that amount is the total project amount for Projects 83-2, 2A, and 3. MOTION by Orttel, Seconded by Elling, that we direct the City Attorney to prepare a Resolution for the adoption and annual certification of the assessment roll for Rosella's Addition. (See Resolution R094-84) Motion carried unanimously. Mr. Davidson then reviewed the items in the assessment for Shirley's Addition, noting the work Ms. Sonsteby is objecting to is the force account work that the Council authorized the City Engineer to do in terms of extending culverts and reconstructing the intersection of her new roadway that goes back to the park and Xenia Street. This item was added after the other improvements were installed. Ms. Sonstebt - stated she had no problem with the assessment except for the force account wor. She agreed to do the 66-foot easement, which was outside the plat and has been graded, filled with sand, and Class 5 put on top of that. She stated she did not agree to do anything on the City street, but just on the road easement. She stated she had the park graded and everything done according to the grading plan of Shirley's Addition. She stated she did not agree to grade down to the lake but only a lOx30-foot piece, stating that is what it shows on the grading plan and that is what she did. Mr. Schrantz stated the grading in the park is not part of the cost of this assessment. Ms. Sonsteby has been advised that she will not get a building permit until that park work is completed. The $6,000 in the assessment is to remove the old curb, put in a new curb section and extend the culvert, blacktop, plus overhead. Ms. Sonsteby's contractor is the one who did that work. Mr. Schrantz further explained she did the grading work to the right of way but did not do it beyond that. The extra work being assessed is to make the access from the street to her grading work. He stated the curb and gutter and blacktop haven't been done to date, but the amount to complete that work has been estimated tor assessment purposes. Ms. Sonsteby - again stated she did not agree to do anything with the street. She gave over an acre extra for access to the lake, accusing the City of blackmailing her to go to the lake area with the road. She stated she will not do that, that she did what she was supposed to do. In discussing the park item with Ms. Sonsteby, it was the Council's opinion that the grading work in the park did not meet the grading plan, that the grading plan clearly shows crDssing the low area to get to the lake and that has not been done. Mayor Windschitl stated that Ms. Sonsteby must comply with the grading plan submitted in crossing the wet area in the park. He also stated the road needed to be constructed so the residents could have access to the park, and those costs must be assessed back against the development. MOTION by Lachinski, Seconded by Knight, to direct the City Attorney to prepare a Resolution for the adoption and annual certification of the assessment roll for Shirley's Addition. (See Resolution R095-84) Motion carried unanimously. Public Hearings adjourned at 8:00 p.m. Regular City Council Meeting September 18, 1984 - Minutes Page 3 PRELIMINARY PLAT/PRAIRIE MEADOWS Planning and Zoning Commission Chairman Don Spotts reviewed the Commission's recommenda- tion tor appnoval with the variance and other recommendations. Sylvia Britton, representing the developer - explained the easement shown on the northern portion of the plat from 170th Lane east is a private easement. That easement does not run east of the property line. Council noted since it is a private easement, the City would not be a party to any action on the easement. It would be a private matter between Mr. Carlson, who owns the property, and Mr. Darrel Page. The Clerk suggested the City acknowledge that a release is being signed, and the City should have a copy of that release, otherwise the lot does not conform to the size requirement. Darrel Page, 3501 170th Lane - stated if the easement is not left there, he wouldn't have access if he wanted to split his property to get the 300-foot frontage requirement. He objected to Quay Street going north to l70th Lane, preferring Quay to be a cul de sac and all traffic going in and out of the plat on l69th Lane. He feared it would become a race track past his property if constructed as shown. His buildings are also north of the proposed Quay Street, which would preclude the extension of Quay to the north. Ms. Britton - stated they intend to construct 169th Lane west to meet Tulip. In further Council discussion with Ms. Britton and Mr. Page, it was noted that the easement does count in the lot size and that the easement does not provide access for Mr. Page to split his proPerty because it is not a street easement. Also, Lot 2, Block 2,is technically a double-frontage lot as shown. Ms. Britton - noted the easement is owned by Mr. Carlson, and Mr. Page has been granted the rlght to use it for roadway and utility purposes. That easement was done many years ago. Council determined that constructing ~uay and 170th Lane to a T-intersection would allow for greater flexibility in the future development of the area, that Mr. Page would then have more frontage for future subdivision, and that it would slow the traffic going through there. It was also suggested that Mr. Carlson and Mr. Page work out a solution to that private easement. Mr. Page - then stated if Quay has to go through, he would prefer it to be aT-street with 170th rather than a curve. Ms. Britton - stated a T-intersection would be acceptable. They will also construct 170th Lane west to the property line. Mr. Schrantz then reviewed the engineering data on the plat on the drainage, noting a revised preliminary plat should be received with the necessary corrections. lhe developer is considering an urban street section in this plat. MOTION by Orttel, Seconded by Elling, introducing a Resolution approving the preliminary plat of Prairie Meadows as belng developed by Lawrence B. Carlson in Section 08-32-24 as prepared with the exception as the fourth WHtREAS to be removed; the contingency in the 6th paragraph is to be removed, and substituted shall be: WHEREAS the City Council acknowledges property owner at 3501 170th Lane does have an easement for roadway purposes over and across the most northerly 60 feet of such plat. Approval subject to the receipt by the engineer of a revised preliminary plat and subject to the grading plan as presented this evening, and subject to 170th Lane and Quay Street intersecting at right angles. (See Resolution R096-84) Motion carried unanimously. MOTION by Knight, Seconded by Elling, that the City accept cash in lieu of land tor credit given to the developer for grading and seeding of Hawkridge for Prairie Meadows Addition with the specific dollar amount of cash to be set at the time of the'final plat. Motion carried unanimously. Regular City Council Meeting September 18, 1984 - Minutes Page 4 PRELIMINARY PLAT/WOODLAND RIDGE Planning Commission Chairman Don Spotts reviewed the Commission's recommendation to approve the preliminary plat of Woodland Ridge with the exception of three variances. One proeprty owner adjacent to Lots 1 and 2 of Block 1 was concerned that whatever structures would be built on those lots would not be too close to the property,line because of the ponding area. He was concerned about his livestock. Mr. Schrantz reviewed the grading plan and drainage easements. Their grading plan has some slopes that are too steep and exceed the requirements and the vertical curb is too short. Sylvia Britton, representing the developer - stated the slopes will be taken care of in the field. MOTION by Elling, Seconded by Knight, to introduce a Resolution approving the preliminary plat of Woodland Ridge as being developed by Larry Carlson in Section 04-32-24 as presented. (See Resolution R097-84) Motion carried unanimously. MOTION by Elling, Seconded by Knight, introducing the approval of cash in lieu of land for 80 acres with credit given to the developer for seeding and grading of Hawkridge at the time development begins, remaining monies to be allocated to the park dedi- cation, dollar amount to be determined by the City Council at the time ot the final plat approval of Woodland Ridge. Motion carried unanimously. PRELIMINARY PLAT/CUNNINGHAM ADDITION Planning and Zoning Commission Chairman Don Spotts reviewed the Commission's recommenda- tion to accept the prel1minary plat of Cunningham Addition, proposing a vacation of the easement on Lot 3, Block l. They also recommended an updated soils report to be submitted and that the City Attorney check into the title because it has recently been purchased as tax forfeiture property. Mr. Schrantz also explained if the City does not get the monies assessed against this property from the County, then the City has the right to levy it as a connection charge. Ms. Lindquist stated the County has told her there was sufficient monies in the sale of this property to cover the assessments. Bob DeGardner - stated the County, has assured him that all the assessments, taxes, and lnterest would be paid from the amount paid for the property. Mr. Schrantz stated according to his calculations, lt didn't cover. The Clerk was asked to verify this. Council and Engineer then discussed the vacation of the easement on Lot 3, Block 1, with Mr. DeGardner. Mr. Schrantz also stated elevations have been rechecked and additional soil borings are being taken. They want to vacate the street on Lot 3, Block 1, for setbacks but still allow the City to have a drainagE!utili~yeasement there to maintain the sewer. Mr. DeGardner - further clarified just a street portion of the easement would be vacated and retained as a utility easement. When the plat is filed, they will dedicate an additional 25-foot easement tor access to the sewer line. MOTION by Orttel, Seconded by Elling, introducing a Resolution approving the preliminary plat of Cunningham Addition as being developed by Robert DeGardner in Section 33-32-24 as proposed with the exception under the final BE IT FURTHER RESOLVED, the fourth sentence, "to remain as a utility easement for sanitary sewer lines to a line 25 feet southerly and parallel with the existing sewer line", instead of the 10 feet as stated. (See Resolution R098-84) Motion carried unanimously. Regular City Council Meeting September 18, 1984 - Minutes Page 5 (Preliminary Plat/Cunningham Addition, Continued) MOTION by Orttel, Seconded by Elling, that the Council accept cash in lieu of land in the Cunningham Addition with the amount of cash to be determined at the time of the final plat. Motlon carried unanimously. SKETCH PLAN/LAKESIDE VILLAS John Tomsen, developer, reviewed the sketch plan for Lakeside Villas off Round Lake Boulevard for 26 townhouse units for a density of 3.g/acre. The origlnal proposal had a larger density of 34 units. He stated the engineering studies have shown that the costs of moving the soils around is not practical, and the best utilization of the land is the townhouse design with tuck under garages pulled slightly forward, designed mostly for single adult or newly wedded couples. The proposal is to have an Association. They feel there is a definite market for these units. They have not built these types of homes before. The cost would be between $55,000 to $60,000 for each unit. Mike Voqle" Quality Check Construction - reviewed the sketch of the townhouse and the floor plan. Council and Building Inspector noted the City ordinances of the 440- foot garage requirement and 960 square teet of ground coverage, so another 240 square feet would be needed on the proposed plan. Council stressed that those minimums would need to be satisfied. Mr. Thomsen - stated this is what they are projecting and they would work with the Clty ordinances when the final design is done. The plat has the flexibility to do what is needed to meet the ordinances. This kind of housing is providing the need for young adults, an area not being covered in the housing market. It is very marketable and fùnding for this type of home is excellent right now. Council also noted a public hearing is required tor multiple housing on this property, and the Planning Commission would tie the model or floor plan to the preliminary plat. Council questioned whether the proposed watermain to this proeprty is sufficient to handle this proposed development and the Shepard property as well. Mr. Schrantz stated the line is sufficient to cover both properties; however, the Shepard property is not being assessed tor the water line at this time. Council generally had no problem with the conceptual layout and tratfic flow of the proposal, feeling it is a reasonable use of a difficult parcel to work with. Mr. Schrantz stated the City does not allow private streets, but questioned it it would be acceptable in this plat. Mr. Thomsen felt the interlor road system is actually an extension of the driveways to be maintained by the Association, not by the City. It was laid out this way so that it could even be served by the Fire Department directly from Round Lake Boulevard. At this time the Councll thought the private driveway served by the Association may be acceptable but wanted input from the Fire Uepartment. Council also suggested some screening from the adjoining residents be considered. POLICY/OWNERSHIP - PUBLIC UTILITIES MOTION by Elling, Seconded by Knight, that we delete Item 6f. Motion carried unanlmously. Recess at 9:05; reconvene at 9:15 p.m. SHOPPING CENTER DISCUSSION Mr. Schrantz presented two proposals for the water line to the retail serVlce center of the shopping center. His first choice is bringing a six-inch line from Round Lake Boulevard to the service center, across the front of the center, and back to Round Lake Boulevard in a loop. His second choice would be to bring an 8-inch line from Round Regular City Council Meeting September lS, 1~84 - Minutes Page b (Shopping Center Discussion, Continued) Lake Boulevard to the middle of the service center with a hydrant in front of the building. Discussion with Mr. Schrantz and Wayne Anderson and Jeff Wichert was on the proposals, costs of each, advantages of each, and other possible alternatives. Mr. Schrantz was concerned about the tlow and thought an 8-inch would be better if just one line was brought up to the building. Council suggested the ent're shopping center be considered in a loop system, so only one line would need to be brought up to service the center at this time as the first phase of that loop system. Mr. W1chert - stated the single 5-inch line to the retai I service center has been recommended by the sprinkler contractor. Mr. Anderson - did not yet know what would be in the main shopping center, so ié is dlff1cult éO predlct what will be needed for water service in tha~ortion of the project. Mr. Schrantz also thought it would be possible to move one hydrané from the street. He didn't think the cost difference between an 8-inch and 6-inch llne was that great. MOTION by Lachinski, Seconced by Orttel, that the service center water service be 6- inches in diameter if lt is loopec or provis1ons are provided for ln looping to the main future cenéer., and that it be an 8-1nch service line if no provisions for looping with the maln center is established, and provide for the fire hydrant immediately in front of the building in either alternative, and leave it up to the option of the developer as to whether or not he wants to move the current hydrant. Motion carríed unanimously. Council then discussed the parking question in front of the retail serVlce center. Acting Chief Palmer explained the center is 270 feet long, and he would like to see one parking spot used as a tire lane at gO-foot intervals. That would amount to two parking spots. MOTION by Lachinskl, Seconded by Elling, that the developer be allowed to allow parking in front of the service center provided two parking spots spacedatgU-foot intervals be provided for fire access and marked as such. DISCUSSION: It was agreed that the f1re hydrant should be placed ln one of those parking spots used for fire access so only two park1ng spOts woulc be used. Motion carried unanimouslY. ANDOVER VOLUNTEER FIRE DEPARTMENT/SUSPENSIUNS Frank Stone reviewed the events that lead up to the issue of the suspension of three f1refighters who have beards. Last February they recelved a news release from O~HA on the regulation of facial halr, that anyone with facial ha1r was not allowed to wear breathing apparatus because they coulc not get a good seal on the masks. Kather than involving everyone on the Department, he took it upon himself to look into it. Un 4-11-84 he talked to everyone on the Department who had facial hair that if they were not shaven, they would be suspended from the Uepartment. On 4-25-84, anyone who showed up wlth facial hair was removed from the Uepartment by suspension by himself. There is no rule that says the members cannot be in the Department unless it is an adminis- trative rule of the Department itself. That evening a vote was taken to accept these people on light duty rather than suspending them, and the motion was defeated. Firefighter Bob Dlllon reviewed the motions made on this matter previously in 19SO when a policy was established that no facial hair would be allowed after October 1, 1980, for new applicants and no new growth for eXlst1ng members. Growth for existing fire fighters was grandtathered in. Mayor Windschitl also stated there is a question, as in the case Of Bi 11 Bush, whether the situation is the same with goatees and whether that applies to the OSHA regulations. He didn't know how that determination coula be made. Councilman Elling stated he Regular City Councll Meetlng ~eptember 18, 1984 - Minutes Page 7 (AVFD/Suspensions, Continued) talked with several other Departments, and they all said they do not allow facial hair and that there is a problem with insurance and lawsuits by allowing it. Councilman Urttel stated there would also be fines from OSHA if it is a knowing violation, and there may be negligence over and above normal liability in insurance. Attorney Burke stated the Workers' Compensation statutes provides for the direct suit against employees for gross negligence in the operation of business and car of employees. If the regulations describe no facial hairs to secure a seal, knowing this would present that type of suit against the City. And perhaps it would be argued whether the insurance of the City would apply. Mayor Windschitl asked if it is allowable to have someone on the fire scene that has facial hair if those individuals were not allowed to wear an air mask. Mr. Stone understood there is no rule by USHA that these individuals cannot be on the scene as long as they are not in a hazardous atmosphere. It becomes a fire department policy as to when it is a hazardous situation. Linda Nordstrom stated she spoke with the OSHA representative who stated there is noth1ng defln1te about being on the scene with a beard. But she stated there are numerous reports throughout the country of pump operators finding themselves in a hazardous situation and need1ng to put on air masks. She also noted the proof tound that facial hair interfers with a good seal on air masks. LeRoy Grandstrom - stated he was accepted by the Department with his be-ard, he has volunteered his time to the Department for four years and it is hard work. He has always maintàined a seal on his mask. He stated he will not shave his beard, that it is a part of him. He stated he was grandfathered in with his beard and it rubs him that it has come up again. Later in the evening he also stated that it is very irritating that after four years of volunteer work to the Department, the consideration is to dismiss him from the Department and he will not even see any of the retirement benefits he has accrued because it is divided among the remaining active members. Bill Bush stated he is a charter member of the Department and has over seven years of serV1ce. He felt he did a duty for the City. He was brought into the uepartment with his beard and thought when the vote was taken about three years ago that the situation was reso lved . He stated there is no way he would have continued to stay on the Department if he had known he would get thrown off at the wh1m of the Chlef. He a 1 so questloned what 1S going to happen as the firefighters age and can no longer do some of the more strenuous tasks? Are they going to be dismissed and all benefits lost as well? Mr. Stone, Chief at the time of the suspensions, agreed it was at the whim of the chief but stated it is a question of what regulations are going to be followed and the safety of the fire fighters. He also acknowledged that the Department is going to have to face the issue of what to do with the fire fighter who cannot do all tasks because of age, that there should be some provision for these experienced people. Dale Mashuga felt if it is a medical problem, there is no problem putting them on Ilght duty because there is nothing that can be done about a medical problem. With the situation of the beards, all the men have to do is shave it off. Mr. Dillon felt there is a definite maturity problem in the Department. There are only two charter members with continuous service, and he felt if there is any way to keep these people active, that it should be done. He continued,another issue is the retirement benefit where a minimum of 10 years active service is required to maintain it. Those individuals made a commitment to the community when they started to serve, and he fe It the Department made a commi tment to them that there wou ld be a place for them until they retired. It is not right to dismiss them after five or six years of service. This situation will never involve more than the three individuals right now -- Bill Bush, Dave Almgren, and LeRoy Grandstrom -- because of the Department's policy made in 1980. And this problem will terminate as soon as these individuals retire. Regular City Council Meeting September 18, 19S4 - Minutes Page 8 (AVFD/Suspensions, Continued) Ms. Nordstrom stated the reason it is being done is a safety factor. These are State and Federal regulations over which they have no control. She stated she talked with almost all chiefs of the Departments in the County. They stated they absolutely will not tolerate beards. She also noted it is not a question of discrimination, as that has been ruled on by the Human Rights Division that the beard is a hazard. She also didn't understand the question on the pension. If someone is on penalty in the Department, the pension should stop. She also couldn't justify light duty in the Department because it is a small volunteer department and everyone has to be able to perform all aspects of the job. Mayor Windschitl stated the Council and Department all recognize the safety question. It's a question of what should take place given the safety question. Mr. Dillon thought the Department had recently accepted an individual into probation who did not pass all phases of the agility test, pointing out there are inconsistencies, and too much of what is done is not in the Minutes or in the Constitution'Qfthe Department. He again stated if an individual passes the probationary period and is accepted into the Department, there is an obligation to that individual to help develop that per90n to the greatest potential with training and encouragement. He didn't think a policy of attacking active members with changes of policy is in the best interest of the Department of the community. He alleged this is not the first time someone has been driven from the Department, and it angers him. He felt the only limitation of the individuals in question is the use of breathing apparatus. There are many other things to do in the Department that don't require the use of breathing apparatus. Mr. Dillon also noted othe~'problems in the Department of safety infractions that are not being taken care of, and to single this facial hair issue for action is inappropriate. Councilman Knight asked how one justifies paying the same benefits for those going into a hazardous situation, assuming the use of breathing apparatus means a hazardous situation, and those who do not. He also questioned the use of City funds in the event of a lawsuit and the insurance would not cover. Mr. Dillon stated the second is not an issue because under no circumstances would he condone those bearded individuals wearing breathing apparatus. On any fire situation, there is no way for all fire fighters to be wearing breathing apparatus. Even if there was breathing apparatus for everyone, there are always other things to be done that would not require the use of breathing apparatus. He defined hazard when the fire alarm goes off and the fire fighter goes to the station. There are other hazards that need to be taken care of that don't require breathing apparatus. Mr. Dillon went on to state he felt the Department's meeting should be run with more order, that the Department has been standing still and in turmoil for six months because of this issue. He also stated the members had bad information about what a person with a beard could do in the Department when they voted on the issue. They had been told the only thing a person on light duty could do was stay at the station. In his opinion, when there was not a 2/3 vote of the active members for suspension, then the suspension was void and should be lifted, urging the Council to re-instate the three members to the Department. Mr. YaeBer stated prior to the suspension, he made a motion that the three people stay on the epartment and be put on light duty, but not be allowed to use breathing apparatus. That motion failed. The issue of light duty relates to whether it is fair to the rest of the members. Because it is a volunteer department, everyone has to put out the same amount of effort to get the job done. He stated one cannot discriminate who can or cannot go in to save a house and allow everyone to be given the same credit for it. He thought in order to make the department work, everyone has to work with the same potential. He thought the majority of the Department felt light duty is not desirable. Regular City Council Meeting September 18, 1984 - Minutes Page g (AVFD/Suspension, Continued) Bob Peach stated the Department was started with whoever wanted to be on. As the Department developed, it was realized that beards are a problem and the policy was changed so new members with beards would not be accepted and no new growth would be allowed on active members. And the agreement was those active members with beards could keep them but could not regrow it once it was shaved off. He acknowledged it is dangerous with an air mask on if there is facial hair and felt it is a reasonable regulation to not allow air masks with beards. There is no question that there will never be more than the three people involved with this regulation. At any fire he has been to, possibly half of them he's put a mask on. Generally speaking, at a fire scene people do what they do best, whether it is running the pump, running trucks, etc. He didn't see any reason why two or three people couldn't be on the Fire Department and not be allowed to wear masks. He knows of some who just as soon not go into houses at all, and they rarely do. Others would rather run pumps, and they usually do. He thought those men should be offered their positions back on the Department. Mr. Mashuga stated they did not have a 2/3 vote to remove those men from the Department, but 23 people were present and he thought 19 voted not to accept light duty. Mr. Dillon stated the last motion he made the members were told that light duty meant the 1ndividuals could not be on the scene of the fire, which was misinformation. But he didn't have the correct information at that time to rebut it. He stated the constitution requires a 2/3 vote of the active members for any change, which he felt is proper. The alarms went off for a fire call and many of the fire fighters left on that call at this time. A lengthy discussion continued on this item with those fire fighters who remained and as others returned from the call, with arguments repeated both for dismissal of those individuals with beards and for retaining them on the Department with the limitation of not wearing breathing apparatus, possibly on some special duty status. Council generally felt this item should be dealt by the Department itself, the Council not wanting to interfere unless absolutely necessary. They noted the efforts of these individuals, the years they have been on the Department, and the accrued benefits that are at stake, and felt that these items should be given serious consideration. It was their hope some compromise could be made for these men without violating the safety regulations. Council suggested the Department have one more meeting on the matter in an attempt to reach a compromise. Several times the matter was raised of making allowances for the aging factor, that as individuals can no longer meet all the physical requirements, they be given special duty and not dismissed from the Department after years of service because some regulation is not met. Attorney Burke stated the standards are on facial hair interfering with a good seal in self-contained breathing apparatus in an immediately dangerous to life or health environment. The law does allow a no-beard or facial hair policy. He thought a policy could be made allowing these three persons with beards on the Department if they don't go into an environment that is immediately dangerous to life or health. He thought it would be appropriate for the Fire Department to have another meeting, thinking representatives of OSHA or the State Fire Marshall's office would be willing to come to the meeting to answer questions and give their opinion on the matter. The question was raised as to whether or not those three individuals on suspension are still accruing their retirement benefit. Mayor Windschitl thought those benefits are still accruing. Regular City Council Meeting September 18, 1984 - Minutes Page 10 (AVFD/Suspension, Continued) There was also some discussion on what the Department's by-laws state regarding the status of suspension and what that implies, on the procedure of requiring 2/3 vote of the active members to terminate someone from the Department, and on addressing a position for those active members who no longer meet all the physical requirements of the Department. Acting Chief Bob Palmer agreed to bring this matter before the members again at the bus1ness meeting on September 26. Mayor Windschitl stated it will also be added to the Council agenda for October 2 in the event the Fire Department is not able to solve the matter at their meeting. COMMUNITY SCHOOLS Melanie DeLuca, Community School Coordinator, reviewed the new official logo, reviewed the map showlng the areas where people have agreed to participate in the crime prevention program, asked that the Council give her the names and phone numbers of indivi:duals who are interested in the program so she can contact them, and reviewed theplan of one meeting a week. Most of October and November are already booked, and they will be starting again in January. She wi 11 be on maternityleave from Thanksgiving to the middle of JanÙary. She also reviewed the information that will be given to the key communicator in each neighborhood, the packet of information given to the residents at the meetings, the incident reports of what has happened in Andover over a two-week period that will be sent to the key communicator, and the neighborhood survey. Ms. DeLuca also informed the Council of the McGruff program at Crooked Lake and the enthusiastic response she has received about the program. She also thought an effective method of promoting the Crime Prevention Program is by making presentations before local groups. She is having a slide/tape presentation prepared, and after Christmas she would be willing to speak to any group about the program. STREET SECTION - RURAL SUBDIVISIONS Mr. Schrantz reviewed his proposal for a Typical Section and Street Section as minimum standards for Andover's rural 2\-acre subdivisions. He stated most subdivisions are low in density with a low traffic volume of less than 400 average daily traffic. He also explained the problem with the present standard is the City has no means of maintaining the gravel shoulders, and that maintenance is very costly. ThE proposed standard is a 24-foot mat with birm of one-foot width, four inches high, and two inches of bituminous pavement. It would be a five-ton street, called a 30-mile-per- hour design, maintaining the 50-foot radius on cul de sacs, and retaining the 60-foot ri ght of way. The proposal would be to have vegetation right up to the bituminous mat. He thought that on streets with more than 400 ADTs a wider section would be used. Mr. SChrantz also recommended that 50 of the 60-foot right of way should be clear cut unless some arrangements are made for utilities. There was disagreement among the Council as to the width of a 24- versus 28-foot street width, l\-inch versus 2-inch bituminous mat, the determination of ADTs on a particular road, and the type of birm to be used. Syl vi a Bri tton - stated she has talked to Lary Carl son about thi s, and he is interested in the 24-foot top with the two-inch mat for the rural section. He would like to use that standard in the two plats presented this evening. After further discussion, the Council asked the Engineer to propose a street standard for those streets with more than 400 ADTs prior to taking any action to change the street standard. Regular City Council Meeting September 18, 1984 = Minutes Page 11 (Street Section - Rural Subdivisions, Continued) MOTION by Knight, Seconded by Orttel, that we table this until the next meeting. Motion carried unanimously. CITY HALL PARK (Reference the September 17, 1984, letter from TKDA summarizing the bid results for the City Hall Park Grading, Phase II, recommending the award to the low bidder of Burton Kraabel Construction, Inc., for $30,007.85.) Mr. Schrantz stated there will be the cost of materials in addition to the labor, which will be approximately $20,000. Park Board Chairman Merlyn Prochniak also stated the Boy Scouts will be making a proposal to clean up the picnic area. Council agreed to do all four parts of the project (soccer field, two softball fields, and road access and parking). MOTION by Lachinski, Seconded by Orttel, that the City Council authorize the construction of Parts 1 through 4 of the Andover Park site at an amount not to exceed $50,000" funds to be taken from unspent and unallocated 1984 funds. Motion carried unanimously. BRANCH LI BRARY /RESOLUTION MOTION by Orttel, Seconded by Elling, introducing a Resolution requesting the establishment of a branch library in the City of Andover as prepared. (See Resolution R099-84) Motion carried unanimously. MEETING DATE/SCHRANTZ, LINDQUIST - SALARIES Council agreed to meet on Thursday, October 11,1984, on this matter. MOTION by Knight, Seconded by Elling, to so move. Motion carried unanimously. HAZARDOUS WASTE LANDFILL Councilman Elling reported Conestoga-Rovers wants to put in a test well on Bill Hupp's property. They feel the data from before was wrong, as they now think there is a plume from the hazardous waste pit going northeast heading toward Mr. Hupp's property. They placed one well on his property on the landfill side of the creek. And they want to place another on the north side of the creek to replace well No. 21. Bu t Mr. Hupp won't let them do that. Councilman Elling stated he has spoken to Mr. Hupp but has not been abJè to convince him to continue cooperating with the study. The location of this well is a key part of the study, as they want to know if the creek is acting as a barrier. After a brief discussion on the problem, the Council determined there really is nothing the City can do in the matter; but several Councilmen indicated they would talk with Mr. Hupp about the matter. 1985 BUDGET APPROVAL Mayor Windschitl explained he negotiated with the Sheriff's Department for an additional 40-hour shift of police protection from Wednesday through Sunday. The shifts could be either 7-3, 8-4, or 9-5. They are also willing to put "Andover" on the outside of a car. Also, if two people are on duty and there is a community event, they will work the event. There would need to be additional funds placed in the 1985 budget for police protection to cover this proposal. There would be two cars on duty, one would cover the northern portion and one the southern portion. The Sheriff's Department would like the City to consider a two-year contract, but the Mayor thought the City wouldn't be obligated to a two-year contract. Regular City Council Meeting September 18, 1984 - Minutes Page 12 (1985 Budget Approvaa, Continued) MOTION by Knight, Seconded by Orttel, that we allocate another $16,326 in addition to what's already been allocated to provide another 40 hours of coverage, the hours of coverage to be determined at a later date, and authorize the Mayor to inform the County that we will contract for the total amount of $185,289. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, the adoption of the 1985 General Fund Budget with Revenues at $l,119,739 and Expenditures at $1 ,091,748 plus an "Unallocated" amount of $27,991. (See Resolution R100-84) Motion carried unanimously. CLARIFICATION OF LIQUOR LICENSE ON ELECTION DAY Councilman Elling reported Ordinance 56, the Liquor; Ordinance, adopts the State law. And the State law recently changed to allow liquor on election day. He asked if that is something the Council wants to change or leave as is. After a brief discussion, the Council generally agreed to leave the ordinance as is. REGULATION OF VIDEOS There was a brief discussion as to whether or not the City should regulate video displays, etc. Council was not familiar with the issue arid directed the Clerk to ask the League if there is a model ordinance regarding videos. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 8324 through 8410 for the sum of $95,997.70. Motion carried unanimously. APPROVAL OF MINUTES August 7, 1984: Correct as written. August 14, 1984: Page 1, Knight shown as absent, change to present. July 17, July 26, August 21, August 29, and September 4, 1984: Correct as written. MOTION by Elling, Seconded by Knight, that we approve the Minutes of July 17, July 26, August 14,21, and 29, and September 4 as corrected. Motion carried unanimously. MOTION by Lachinski, Seconded by Knight, that we approve the Minutes of August 7. VOTE ON MOTION: YES-Knight, Lachinski, Orttel, Windschitl; PRESENT-Elling Mot i on carri ed. ROUND BARN MOTION by Lachinski, Seconded by Knight, that we table any discussion on the Round Barn until additional information can be obtained. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 1:02 a.m. Respectfully submitted, '~~Cl~~L Ma ella A. Peach Reco ing Secretary