Loading...
HomeMy WebLinkAboutCC September 3, 1985 CITY of ANDOVER MEMORANDUM TO: MAYOR AND COUNCIL COPIES TO: FROM: DATE: REFERENCE:AGFNnA ÇOMME~T) _ ~FPTFMRFR 3, lqR~ MFFTTN(; Item No. 3 - Agenda Approval Item No. 4a - Lot Split/Arnold Aker Enclosed is the Planning and Zoning Commission recommendation for approval of the lot split as requested by Arnold Aker. You wi 11 note there is a 1,000 square foot garage which will be "free- standing on the new parcel upon approval of the division. Mr. Aker plans to build a home on the new parcel, thereby making this garage in compliance with City Ordinance. If such proposed house is not built within two years, the resolution should contain a statement that Mr. Aker must return to the City for further action on the disposition of the garage. Approval is recommended. Item No. 4b - Variance/Phillip Hanson Mr. H an s on is requesting a variance on lot frontage. The configuration of hi s parce I prohibits him from increasing the frontage from the existing 267' to the requ ired 300'. His total parcel is approximately 8 acres with an average width of 660'. Enclosed is the Planning and Zoning recommendation for approval. A resolution is required to confirm. Item No. 4c- Amended Special Use Permit/W. Rademacher ~1r . Rademacher is requesting an amendment to his Special Use Permit for fuel tanks at Bi II's Superette to allow him to ins ta II a 4,000 ga lIon kerosene tank. Approval is recommended; and should include contingencies for compliance with fire standards. Item No. 4d -Amended Special Use Permit/Tom Thumb Stores, Inc. Tom Thumb Stores, Inc. are requesting an amendment to their SUP for fuel tanks at the store on 7th Avenue to allow them to install an additional 10,000 gallon tank and a move of the existing pumps to better serve the customers. The Planning and Zoning action is enclosed. Approval is recommended with the same contingencies as those for W. Rademacher. Agenda Comments September 3, 1985 Meeting Page 2 Item No. 4e - Wicklund Drainage This item is tabled from previous meetings. Mr. Wicklund was not able to attend the August 6 Meeting, therefore, no action could be taken for resolution of the flooding problem. Item No. 4f - Revised Final Plat - L. Carlson/Woodland Terrace The Final Plat of Woodland Terrace, Phase I was not recorded by the developer within the 30-day required period; therefore the approval of such plat can be considered rescinded. Mr. Carlson has since decided to add an additional 3 lots to the Phase I Plat. The Council will simply have to adopt a resolution, noting rescission of the Final Plat approval on May 21, 1985; and approve the Final Plat of Woodland Ridge, Phase I, as presented on September 3, 1985. Item No. 4g - Approval Final Plans/IP85-14, IP85-15. These are the Final Plans for the street improvement of the streets in Lund's Round Lake Estates and the 144th Avenue Service Road. (Guarani Street in Lund's Round Lake Estates is addressed in the Report.) Resolutions are enclosed for approval and direction for Advertisement for Bids. Item No. 4h - Stop Signs Enclosed is a memorandum from the City Engineer covering the recommendation for the installation of stop signs at 138th Lane and Underclift Street. This has been reviewed with the deputies. Item No. 5a - Resolution/Park Bond Election A formal resolution is required to set the Special Election for the $300,000 park bonds. All Election Judges should be determined by Tuesday in order that they may be approved in the resolution. Item No. 5b - Resolution/Community Development Enclosed is a copy of a resolution establishing the Community Development Committee. The Committee is going to review this proposed resolution at their meeting tonight, and may have some changes for you to approve on Tuesday. Item No. 5c - Resignation/Accounting Clerk Enclosed is a resignation from Tim Koltes, our part-time accounting clerk. He is returning to college for his degree in accounting. A motion is needed to accept. Item No. 5d - Hire/Accounting-Utility Clerk In response to our ad, we received 28 applications for the position. A total of 15 people were interviewed, with the top 4 applicants being interviewed a second time by both the Accountant and myself. Based on these interviews, it would be our recommendation to hire Agenda Comments September 3, 1985 Meeting Page 3 Item No. 5d - Accounting Clerk(continued) Rita J. Pierce as Permanent Part-time Accounting/Utility Clerk at a starting salary of $5.85 per hour; noting a minimum weekly hours of 25. Ms. Pierce worked as Head Municipal Utilities Accountant for the City of St. Peter for four years; has a BS in Accounting from Mankato State. Her added training will enable us to use her more extensively in the Accounting Department, thereby freeing-up some time for Shirley to assist me in such areas as Budget, Reports, etc. The salary recommended is consistent with other positions in the City; and with State Match/Comparable Worth. Item No. 5e - Organizational Matters You have all received a proposed re-organizational chart for City clerical/accounting personnel; and reasons for same. It is intended that such new job assignments with allow more immediate supervision of personnel and, in general, be more advantageous for staff. A motion is needed for approval. (It is intended that the new clerical assignments will become official on November1, 1986--this will allow training time for the new revised assignments. The re-organization has been discussed with all Department Heads and meets highly with their approval. Item No. 6a - Fire Department/Chief Appointment Chief Palmer would like to discuss with the Council their feeling on the Council making the appointment of Fire Chief, rather than elected by the Department as is now done. Item No.7 - Approval of Minutes August 20, 1985 Enclosures CITY of ANDOVER REGULAR CITY COUNCIL MEETING-SEPTEMBER 3, 1985-AGENDA 1. Ca II to Order - 7:30 P.M. 2 . Residents Forum 3 . Agenda Approval 4. Discussion Items a. Lot Split - Arnold Aker b. Variance - Phillip Hanson c . Amended Special Use Permit-W. Rademacher d. Amended Special Use Permit-Tom Thumb Stores e. Drainage-E. Wicklund f . Revised Final Plat-L. Carlson/Woodland Terrace g. Approval Final Plans-IP85-14, IP85-15 h . Stop Signs 5 . Non-Discussion Items a. Resolution-Set Park Bond Election b. Resolution-Community Development c. Resignation-Accounting Clerk d. Hire-Accounting/Utility Clerk e. Organizational Chart f. 6. Reports of Commissions, Committees, Staff a. Fire Department/Chief Appointment/Oath b. 7 . Approval of Minutes 8. Approval of Claims 9. Adjournment - ~. ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - SEPTEMBER 3, 1985 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on September 3, 1985, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning & Zoning Chairman, Don Jacobson; City Clerk/A. Adminj~trator, P. K. Lindquist; and others AGENDA APPROVAL The following changes to the Agenda were suggested: Delete Item 4e, Drainage - E. Wicklund; Add Items 4i, Coon Creek Watershed; 4j, Zoning Enforcement; 5a (2), Park Board Flyer; 5f, Date/Personnel and Budget Meeting; 6b, Landfill Discussion. MOTION by Knight, Seconded by Elling, to approve the Agenda as amended. Motion carrled unanimously. LOT SPLIT - ARNOLD AKER Chairman Jacobson reviewed the Planning Commission's recommendation to approve the lot split request of Arnold Aker for property located at 1550 181st Avenue NW. The one parcel will have a garage on it, but Mr. Aker indicated he intends to build a home on that parcel. The Commission was not able to determine whether or not park dedication fees were paid when the property in that area was originally platted. The Commission also noted the applicant is conducting a business from his home for which no permit has been applied for. Arnold Aker - stated since the Planning Commission meeting, he has rented an office on Highways 242 and 65, so'his business is no longer in the house. Council agreed the Attorney should research whether or not a park dedication fee is required. MOTION by Orttel, Seconded by Lachinski, to approve the Lot Split for Arnold Aker at 1550 181st Avenue NW, subject to the City Attorney's comments on the necessity of park fees for these parcels. (See Resolution R091-85) Motion carried unanimously. VARIANCE - PHILLIP HANSON Chairman Jacobson reviewed the Planning Commission's recommendation to approve a variance request of Phillip Hanson on County Road 20. They have eight acres of land, but the configuration is such that there is only 265 feet of frontage on County Road 20; and there is no possibility of increasing that frontage. MOTION by Knight, Seconded by Orttel, to approve the Variance request of Phillip Hanson on property described as PIN 16 32 24 13 0001 pursuant to Ordinance 8, Section 5.04 and 6.02 to vary from the 300-foot lot width requirement. (See Resolution R092-85) Motion carried unanimously. AMENDED SPECIAL USE PERMIT - W. RADEMACHER Chairman Jacobson reviewed the Planning Commission's recommendation to approve an Amended Special Use Permit requested by William C. Rademacher to install a 4,000- gallon kerosene tank and a dispenser at Bill's Superette at 14041 Round Lake Boulevard NW. It was felt that addition would not cause any traffic problem; but the Planning Commission suggested the permit be subject to the kerosene pumping Regular City Council Meeting September 3, 1985 - Minutes Page 2 (Amended Special Use Permit - W. Rademacher, Continued) facility be separate from the unleaded pumps, that the installation be inspected by the appropriate city and state inspectors, that leak detectors be installed, and that construction be in conformance with the standards of the Flammable and Combustible Liquids Code of the National Fire Protection Association. MOTION by Orttel, Seconded by Knight, to approve an Amended Special Use Permit for Wl I Ilam Rademacher to install a 4,000-gallon kerosene tank and dispenser at Bill's Superette at I4041 Round Lake Boulevard, subject to the conditions requested by the Planning and Zoning Commission having to do with installation, construction, etc. (See Resolution R093-85) Motion carried unanimously. AMENDED SPECIAL USE PERMIT - TOM THUMB STORES Chairman Jacobson reviewed the Planning Commission's recommendation to approve an Amended Special Use Permit requested by the Tom Thumb Store at 15825 Seventh Avenue NW to move the existing island in a diagonal fashion and to install a total of four double pumps and two single pumps, a 10,000-gallon gas tank, and a canopy. They are recommending the installation be subject to the same conditions as the previous permit. The Commission noted the original permit granted to them called for 10,000-gallon storage tanks, and the drawings brought in show that 12,000-gallon storage tanks are on site. Whether or not it is an oversight in the drawing or the size of the tanks actually exceed what was permitted is not known. Dean Lewis, Pump and Meter Service, Inc. - stated they originally made the installation, but he hasn't yet found out what size tank they installed. He will get that information and provide it to the City. Mayor Windschitl noted if the size of the tank is not what was permitted in the original special use permit, that permit needs to be amended to show what is actually there. MOTION by Orttel, Seconded by Knight, introducing an Amended Special Use Permit for the Tom Thumb Store at 15825 Seventh Avenue NW to install an additional 10,000-gallon gas tank and canopy and change pumps, subject to the conditions recommended by the Planning and Zoning Commission. (See Resolution R094-85) Motion carried unanimously. APPROVAL OF FINAL PLANS - IP85-14 and IP85-15 MOTION by Knight, Seconded by Lachinski, a Resolution approving final plans and speclfications and ordering advertisement for bids for Project No. 85-14 for bituminous street construction in the Lund's Round Lake Estates Area (See Resolution R095-85) Paul Henry - stated he had not had a chance to talk with Lyle McLaughlin until this evening. From the last meeting, he understood if both property owners on either side of Guarani were not in favor of the improvement of Guarani, the Council then didri't feel any need in pursuing it. In talking with Mr. McLaughlin, neither one of them are in favor of improving Guarani at this time. Council didn't feel that was the understanding from the last meeting, that the intent had been to go out for bids and to get a price of what it would cost to bring Guarani up to the same level as the remaining roads in the subdivision. If the cost comes in at a reasonable price, the intent was to construct the road. If the costs come in too high, the Council would have the option of dropping it from further consideration. That was done based on the concept that the road was justified and that the road was provided for at the time of the lot split granted to Mr. Henry. Typically, it would have been required to have that road constructed at the time of the lot split if the roads in the remaining subdivision had already been improved. ~ Regular City Council Meeting September 3, 1985 - Minutes Page 3 (Approval of Final Plans - IP85-14 and IP85-15, Continued) Mr. Henry - recalled at the time of the lot split that a total of 60 feet was dedlcated for roadway purposes all on his property, with the understanding that 30 feet of that would be returned to him when the property on the other side was developed and 30 feet taken from that property to put the road down the middle. It was also his understanding from the last meeting that Guarani would be put in at this time only if there is a need for it, and he doesn't see a need for it at this time. Council recalled the price quoted by the Engineers was unreasonable, but it was felt it may even be possible to get a separate contractor to build that road up to the same condition as the remaining roads in the development at a more reasonable cost. If that's not the case, the Council may then consider dropping the requirement of building Guarani at this time. If it is a reasonable cost, the sentiment was the Council should require the construction of that road at this time; otherwise it may never get built. A reason for the road, other than the safety factor, is that is the way it would have been done had the property been platted; and it is not the intent when granting a lot split to circumvent any portion of the platting requirements. Mr. Henry - stated he is not resisting the construction of the road some day. He Just didn't think there was a need to do it at this time. His intent is not to sell the lot at this time. He asked if he did want the road put in but the people on the other side (Mr. McLaughlin) didn't, how would that be handled? Mayor Windschitl stated the option available would be to build the road on Mr. Henry's west half of the easement and get the remaining 30 feet from Mr. McLaughlin when that side is developed. It is not ideal, but the road will fit in 30 feet. But it is hoped that there could be cooperation from both parties and put the road where it belongs to begin with. At this point, the Council reviewed a potential subdivision plan of Mr. McLaughlin's property and noted the intent is to take bids on the project with a separate option for bringing Guarani up to the same standard as the remaining streets in that area. A decision about whether or not to require Guarani to be done will be made once the bids have been received. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving final plans and specifications and ordering advertisement for bids for Project No. 85-15 for bituminous street construction in the Dehn's Frontage Road area, as prepared. (See Resolution R096-85) Motion carried unanimously. STOP SIGNS - 138TH AND UNDERCLIFT MOTION by Knight, Seconded by Lachinski, that we approve the installation of stop slgns on 138th Lane at Underclift Street. Motion carried unanimously. RESOLUTION - SET PARK BOND ELECTION Attorney Hawkins reviewed the resolution calling for the election on the issuance not to exc~ed $300,000 in General Obligation Improvement Bonds for the purpose of equipping and ~ª1n~~,~:n~arious City parks, setting the special election for Sctober 29, 1985, and setting the form of the ballot. The ballot will read: Shall the City of Andover issue and sell as GO bonds in an amount not to exceed $300,000 for the purpose of providing monies to finance the equipping of and improvement of various municipal parks in the City? MOTION by Lachinski, Seconded by Elling, a Resolution determining the need for the lssuance of General Obligation Bonds and calling for a special election thereon as presented. (See Resolution R097-85) Motion carried unanimously. - ,- Regular City Council Meeting September 3, 1985 - Minutes Page 4 ZONING ENFORCEMENT Attorney Hawkins stated the draft ordinance before the Council is to simplify the procedure by which nuisances in the City can be dealt with. The ordinance states if there is a public nuisance, notice is given. They have an opportunity to have a hearing, and findings are determined. If it is found to be a nuisance and the owner does not rectify it, the City has the right to clean it up and assess the costs back to the property owners. He didn't think this ordinance would require the review of the Planning Commission. Council agreed to add this item to the September 17 meeting for consideration. The Attorney was also asked to draft changes in the Junkyard Ordinance relative to screening material used. MOTION by Lachinski, Seconded by Orttel, directing the City Attorney to prepare language for a proposed amendment to the Junkyard Ordinance which would require only certain fences that had prior approval by the City Council as to design and material. Motion carried unanimously. RESOLUTION - COMMUNITY DEVELOPMENT COMMITTEE Several Councilmen did not have the copy of the resolution with them; therefore, it was agreed to table the item to the next meeting. MOTION by Knight, Seconded by Orttel, to table the item to the next meeting. Motion carrled unanimously. Councilman Lachinski also informed the Council of the Committee's recommendation to make an offer for the purchase of the property on which ~10m's Auto Salvage is being conducted. At this point there was some concern about the potential problem with hazardous waste if found on the property the City purchases. It was agreed that this should be discussed further at a special meeting. Mayor Windschitl also noted the City's allocation of CDBG funds is $135,000, and it will be available in April or May, 1986. RESIGPJAnOPJ_ - ACCOUNTING CLERK MOTION by Orttel, Seconded by Knight, to accept the resignation of Tim Koltes as Accounting Clerk. Motion carried unanimously. HIRE - ACCOUNTING/UTILITY CLERK MOTION by Orttel, Seconded by Knight, that we authorize Pat (Lindquist) to hire Rlta J. Pierce as Permanent Part-Time Accounting/Utility Clerk at a starting salary of $5.85 per hour with a minimum number of weekly hours at 25. Motion carried unanimously. REVISED FINAL PLAT - L. CARLSON/WOODLAND TERRACE The Clerk indicated the final plat previously approved was not filed within 30 days of the motion; therefore, the approval of that plat can be considered rescinded. She felt the adoption of a new resolution should note the rescission of the final plat approved on May 21, 1985. Mr. Schrantz reviewed the revised final plat noting the addition of four lots to Phase I. He also noted the parkland dedication and fees has been dedicated in total. Council wanted the lot the pumphouse is on to be deeded separately to the City. .-",- Regular City Council Meeting September 3, 19S5 - Minutes Page 5 (Revised Final Plat - Woodland Terrace, Continued) MOTION by Orttel, Seconded by Knight, that we approve the Final Plat of Woodland Terrace as presented with the additional requirement that Block 7, Lot 1, be deeded to the City, it being the pump house site. Motion carried unanimously. MOTION by Knight, Seconded by Lachinski, to reconsider the prior motion. Motion carrled unanimously. MOTION by Orttel, Seconded by Lachinski, that we direct the City Administrator to prepare a resolution of approval of the Final Plat of Woodland Terrace as presented, with the additional requirement that Block 7, Lot 1 be dedicated in fee title to the City as it contains the pumphouse and well site, and note that the Resolution would include all the other criteria included in the previous Resolution No. R048-85 approved the 21st day of May, 1985. (See Resolution R099-85) Motion carried unanimously. PARK BOND ELECTION/PRECINCT JUDGES The Clerk indicated the political party balance of præncinct judges for the park bond election is equal except for Precinct 3. Attorney Hawkins stated this is a nonpartisan election, and he could not find anything in Chapter 105 that requires it to be in balance. He will research that further and report back to the City if that would be a problem. MOTION by Orttel, Seconded by Lachinski, that we approve the judges for the bond electlon set for October 29 as presented. (See Resolution R098-85) Motion carried unanimously. COON CREEK WATERSHED Mayor Windschitl explained the Watershed Board approved the redetermination of benefits on August 26, passed as a blanket motion. He didn't know what the redetermination of benefits consisted of. He has made an inquiry of the Board as to whether Red Oaks, Northwoods, Quickstroms, Northglen, etc., are included or excluded from the assessment rolls; but he has not received an answer. There is 30 days from last Monday in which the residents and the City can appeal those benefits. Mayor Windschitl stated if the City accepts the redetermination of benefits, it will be the opposite of anything the City has done in the past. Because the City's portion of the benefit would come from the General Fund, the entire City would end up paying for an improvement which benefits only a portion of the City. Plus it appears the rolls show the City would be assessed for the drainage ponds acquired for the Red Oaks street improvement project when the Watershed Board wouldn't allow drainage into the creek. Mayor Windschitl continued that on Thursday evening, the Watershed Board voted unanimously to order the project for Ditch 57. The tributaries of Ditch 37, Ditch 30 and Ditch 23 were eliminated; however, the benefits to those properties were kept in the roll. So the assessments for the main channel are being spread over the entire district. He tried to get an estimated cost of the project and was unable to do so. No dollar estimate was given when it was voted on. He doesn't know whether they will be going through the landfill in Andover or not. He's been told they are not, but the engineering report shows they are. And he thought the Board adopted the engineering report. Winslow Holasek - stated it is not clear in his mind which engineering report was approved--the original or the amended. He has seen cost figures from $500,000 to $750,000, and the Board could not pin down exactly which figure they were approving when he asked them what the costs were. He stated the Board members could not agree among Regular City Council Meeting September 3, 1985 - Minutes Page 6 (Coon Creek Watershed, Continued) themselves what costs they were approving, one of them saying it would be more like $500,000. He didn't think they knew what they voted for. Council discussed another concern as to whether or not the Watershed Board can proceed with the project without the City concurring. Attorney Hawkins stated there is a section under Minnesota Statute 112 that governs watershed boards that says the board can undertake improvements upon concurrence of the city. The Coon Creek Watershed Board is taking the position they are proceeding under Statute 106 entirely and are not governed by Statute 112. He stated it is a legal issue that the court would need to rule on, but he felt there is that legal agrument. He felt the issues the City could proceed with legally are a) appeal the redetermination of benefits; 2) challenge the action based on the question of the City's lack of concurrence with the project; and 3) challenge whetherth~project is a repair or improvement, the improvement requiring stricter guidelines for the Watershed Board to follow. Council discussed the redetermination of benefits, the areas currently within the Coon Creek Watershed that physically drain out of the district into the newly formed Rum River Watershed, the appeal process for the redetermination of benefits, and the fact that about $60,000 in engineering fees have already been expended by the Board for final plans and specifications on the project. Council also questioned the easements the Board says they have on either side of the ditch and the sloping to be done in the project. Ken ¡?) - stated the letter received from the Watershed Board says the amount of thelr 'benefit". He felt that is misleading, that it is an assessment. Also, it is not the "total" benefit because both the City and the County are also assessed, which means those same residents will be paying more taxes to cover the City and County assessments as well as the assessment they receive individually. Is there any way that can be appealed? Council agreed with that issue, but thought the benefit assigned the individual is an assessment; whereas, technically the assessment for the City and County would be paid in the form of taxes from the residents. MOTION by Knight, Seconded by Elling, that we direct the City Clerk to prepare a resolution stating we do not concur with the actions of the Coon Creek Watershed taken on Thursday, August 29, to either improve and/or repair the County Ditch 57 as required by Minnesota Statute 112.431, Subdivision 4. (See Resolution R100-85) Motion carried unanimously. Trish McGlenn - asked if the Board can be required to show how they spent the $60,000. She stated 13 years ago they used administrative funds to clean out the ditch. It seems logical to her that they would wait to do this project until they have the funds to do so. It appears everyone is saying there is no need to do this project, and there is a great deal of frustration because the Board is not providing a logical reason for doing the project. Council agreed but thought the project has gone beyond the point of asking to wait for funding prior to doing any work on the ditch. It was also noted that the documents showing how the $60,000 was expended are public documents. MOTION by Lachinski, Seconded by Knight, to authorize the City Attorney to attempt to obtaln an injunction against the Coon Creek Watershed from proceeding with their project as approved on August 29, and commence to proceed with a lawsuit to terminate that project, and to authorize engineering help for the Attorney in this matter. DISCUSSION: Attorney Hawkins advised the action would be to immediately try to obtain a temporary injunction, and the court may require the City to purchase a bond. That amount could be substantial. Council agreed the actual bond would not be purchased before they knew how much it will be. Regular City Council Meeting September 3, 1985 - Minutes Page 7 (Coon Creek Watershed, Continued) Mr. Holasek - stated the Board is also saying they have the right to change the slopes on the ditch from 1 to 1 to 2 to 1, which will make the ditch much wider. The question is what constitutes reslòping. His attorney is saying to bring it back to the original slope; the Watershed attorney is saying they can do it anyway they feel is necessary. To him, that constitutes a definite improvement. He also noted that a lot of the ditches were dug by hand and there are no profiles for many of the branches. He thought the intent is to return the ditch to its original alignment. Mayor Windschitl questioned that, thinking it is intended to clean what is there now and not to find where the original channel was. Motion carried unanimously. Council then discussed the redetermination of benefits, the many errors found in that redetermination, and the procedure to appeal those benefits. It was agreed the City would be disputing the dollar amounts, feeling they are way too high, and the fact that some of the parcels should be totally excluded from the project benefit area. Attorney Hawkins stated for this action they could explore the possibility of retaining an appraiser with some of the residents who are willing to save some of the expenses; but there has to be a hearing on each individual parcel. Each property owner would have to file a separate appeal if they choose to do so. MOTION by Orttel, Seconded by Lachinski, that we direct the City Attorney to file notlce of appeal on all parcels involving the Ditch No. 57 benefit redetermination. Motion carried unanimously. Recess at 9:18; reconvene at 9:30 p.m. PARK AND RECREATION COMMISSION/BOND FLYER Maureen Gaalaas of CSI presented a draft of an informational flyer which will be provided to the residents regarding the three-year park inprovement plan. Council agreed to the fOllowing changes: Page 1, fifth paragraph, should read September 26 for the informational hearing. The exact wording of the ballot will be shown in the flyer. Park Board Chairman Merlyn Prochniak explained they would like to leave in the proposal for Kelsey Park as well as pursue grant monies for that park. It appears the State is favoring more passive-type recreational facilities at this time, which would be applicable to Kelsey Park or the Rum River park. He also thought the policy would remain to encourage organized sports to use the central complex at the City Hall site rather than in neighborhood parks. Councilman Lachinski stated that though the wording of the bond issue doesn't provide for land acquisition which may be desirable to add on to the City Hall Complex, he didn't think it necessarily precluded the City from purchasing land using other funds. Ms. Gaalaas stated Page 2, the bottom paragraph, will have pullouts highlighting about seven parks at to the types of improvements they can expect. There will be a map of the City showing all the parks that will be improved, and these specific seven will be on the outside of the map. There was some discussion on the listing of improvements done to the parks and the dollar amounts spent in each one. Chairman Prochniak stated the Board defined the minimum standard of a park as having grading, seeding, picnic tables, playground equipment, and a backstop. It will not be possible to bring some of the parks up to that minimum standard because of the physical restraints. But most of the parks targeted will be brought up to more than the minimum standard. Regular City Council Meeting September 3, 1985 - Minutes Page 8 (Park and Recreation Commission/Bond Flyer, Continued) It was suggested the flyer indicate "Where feasible, all parks will be brought up to the minimum standard, which will consist of...", indicating the minimum standard set by the Park Board. The flyer should then also noted "In addition to that, the following seven parks will be receiving additional improvements." On page 3 it was agreed that the interest rate used to make the calculations should be noted. Also, footnote that the figure could change as total valuation changes. Council agreed to show assessed valuation categories of $60,000, $75,000, $100,000, $150,000, and $200,000. Council also cautioned that the figures be checked for accuracy. The accuracy of the lead-in sentences on the flyer was questioned as to whether the results of the survey conclusively show the people have said it is time to improve the parks. Ms. Gaalaas agreed the statement could be construed as more promotional than fact and agreed to delete the statements "We asked. You answered. It's time to improve our parks." It was agreed that Ms. Gaalaas will leave the camera-ready copy of the flyer at the City Hall as soon as it is completed. Each Councilmember will review it and make suggestions prior to Tuesday, September 10, after which the flyer will be printed. ANDOVER VOLUNTEER FIRE DEPARTMENT/CHIEF APPOINTMENT Mayor Windschitl stated the question is whether the Council feels there is some merit in exploring the provision of the Council appointing a fire chief versus the Department electing the chief. If there is some sentiment in doing that, he suggested a committee be set up to explore it further. He explained there are three possibilities: 1) leave the existing system of the Department electing the chief; 2) the Council appoints'a chief which would provide the chief with greater authority than under the present system; or 3) the Council appoints a chief from three recommendations made by the Department. The Mayor noted if it comes to the point of a full-time paid fire chief, it would necessitate the Council having to appoint one rather than it being an elected position. Firefighter Linda Nordstrom - stated in the Anoka situation, the Fire Department vote for chlef was SpIlt Wlth two people who didn't vote. A verbal vote was taken from them when it should have been a recall vote. That is when the Council got involved. Fire Chief Bob Palmer - stated the item did not go through their Personnel Committee. He wanted the Council to decide on the matter now before the election of officers. Firefighter Ron Nadeau - stated the bylaws read the Department elects the officers by a maJority vote of active members present. All said officers shall be elected subject to confirmation by the City Council. He felt the City Council already has the right to reject somebody the Department elects. Councilman Lachinski stated the Council does not want to turn someone down that has been suggested by the Fire Department. He felt the current method is almost a cut and dried approval. By the Department selecting three names, the Council has more say in the matter. Mr. Nadeau - felt by having to provide three names, it would create more conflict wlthln the Department. Firefighter Phil Rzeszutek - stated he took a poll of the Fire Department members. He talked wlth 24 firefighters. 23 were in favor of the present system; one was in favor of a Council appointment for chief. But some of the comments were they wanted some indication of the problem the Council is trying to address in bringing this item up. Councilman Lachinski felt it was whether the chief is winning a popularity contest or whether he's the best person for the job. -+...- Regular City Council Meeting September 3, 1985 - Minutes Page 9 (AVFD/Chief Appointment, Continued) Mr. Nadeau - stated in the Fire Department, they are one in the same. They tend to be very conscientious about who they elect to be in charge of a scene when their lives are at stake. Mr. Rzeszutek - stated other comments were there is no place for an appointed chief on a volunteer department; the chief should be able to satisfy both the Council and the firefighters; with an appointment there could be politics involved; and the Council didn't want to be involved in Fire Department internal business before, why change now? They are in agreement that if it ever gets to the point where there will be a full- time fire chief that it would need to be an appointed position, possibly through the use of a screening committee. But as it stands now, the majority by far is in favor of the system as it stands. Firefighter Bob Dillon - was not sure what is trying to be fixed. In order to change the method, a 2/3 vote of the firefighters is needed to change the constitution, unless the Council wants to do it by mandate and change the ordinance. He felt it would be difficult to get a 2/3 vote of the firefighters. Unless there is a problem of some magnitude, he felt "if it isn't broke, don't fix it". He didn't know why they would want to destroy the situation where it takes only a majority vote to become chief. He felt that is the least qualification the Council would want of the fire chief. By going to a system of nominating three candidates, two of them would very likely have less than a majority vote by the Department. He didn't see that as being the general criteria for leadership of the Fire Department. Ms. Nordstrom - stated in the feedback she has gotten from the firefighters, they think Chlef Palmer is doing a good job. There is some criticism, but that is to be expected. If it is some insecurity on the part of the chief that he won't get elected next year to get the job done, she suggested some help for him. She stated Chief Palmer has the support of the firefighters already. Chief Palmer - stated he did not bring this matter up. He stated the Mayor talked to hlm last January about the matter. Several years ago he did bring it up; it was turned down and he accepted it. He talked to the Mayor last week about putting it on this agenda because he wanted it decided prior to the next elections. Mayor Windschitl stated the subject does not in any way reflect on the Council's opinion of the job Chief Palmer has done. The Council thinks what has been done with the Department has been done quite well. He stated there is a proposal for a full- time paid'fire marshall position. That would have to be taken to an appointed position. He felt the Department needs to look at whether the Anoka situation is something they would want to go through. If there isn't a problem, he agreed, "don't fix it". But some of the things that have happened in the past haven't been healthy either. The item is here for discussion, not to create a problem or to raise questions on how someone is doing their job. Firefighter Dale Mashuga - felt one of the reasons Anoka stayed with Jake was because they were in the process of changing over to service Champlin, and they didn't want to make a change in leadership midstream. Council agreed to table the item to look into the matter further. MOTION by Elling, Seconded by Lachinski, to table this until the next meeting. Motion carrled unanimously. ORGANIZATIONAL CHART/CLERICAL STAFF MOTION by Orttel, Seconded by Lachinski, that we approve the Clerical reorganization as proposed by Patricia Lindquist dated August 16. Motion carried unanimously. Regular City Council Meeting September 3, 1985 - Minutes Page 10 LANDFILL DISCUSSION Mayor Windschitl stated he has learned the PCA is interviewing people that might have known something about the landfill. He thought it was unusual that this is happening without the knowledge of the City and that a representative of the generators is with them doing the interview. Councilman Elling asked the Council's opinion of asking the PCA to replace the project director for the landfill site, Cliff Anderson, noting incidents of conduct that are questionable as to whether the City's interests are being looked after. At this time the Council generally agreed to the proposal, noting time schedules have not been met and possible impropriety of conduct on the part of the current project director. It was also felt that the County should be asked to support that proposal. It was agreed to discuss this matter at the next meeting. DATE/PERSONNEL AND BUDGET MEETING MOTION by Orttel, Seconded by Knight, to meet on Thursday evening, September 12, for budget review purposes and personnel, if we have time. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Orttel, Seconded by Knight, to approve Claims 9964 through 9994 with the exception'ofNo. 9967 in the amount of $75, for a total of $44,422.16. Motion carried unanimously. MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:00 p.m. Respectfully submitted, '. ~_. --::> )Î', ~ C .... ~~ ! \().; ,'- ...~. t(.c Marcella A. Peach Recording Secretary - ,.. -- -.