HomeMy WebLinkAboutCC December 4, 1990
CA· CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
Regular city Council Meeting
December 4, 1990
7:30 P.M. Call to Order
Resident Forum
Agenda Approval
Approval of Minutes
Discussion items
1. Junkyard License Approvals
2. Variance/Fire station/139th & Crosstown
3. License Approvals
Staff, Committee, Commission
4. Water & Sewer Budget
5. Voting Equipment
HRA MTG. 6. Authorize Ad/Lot & property Sale
Non-Discussion Items
7. Receive Feasibility Report/90-23/Clemens Corner
B. Approve Change Order #2/90-5/Hidden Creek East
3rd
Other Business
9. Purchase of hose/Fire Department
10. Bob Dillon Discussion
Approval of Claims
Adjournment
REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 4. 1990
TABLE OF CONTENTS
Agenda Approval . · · · · · · · · · · · · · · · · · · · · · · · 1
Approval of Minutes · · · · · · · · · · · · · · · · · · · · · · · 1
Junkyard License Approvals · · · · · · · · · · · · · · · · · · · 1
Variance/Fire Station/139th and Crosstown · · · · · · · · · · · · 1
Resolution R170-90 approving variance to encroach into
sldeyard setback along a major arterial (Crosstown
BouIevard for the construction of Fires Station #1
located at the southeast corner of 139th Avenue NW
and Crosstown Boulevard · · · · · · · · · · · · · · · · · 3
License Approvals · · · · · · · · · · · · · · · · · · · · · · · · 4
Water and Sewer Budget · · · · · · · · · · · · · · · · · · · · · 4
Resolution R171-90 establishing the 1991 Water and Sewer
Fund budgets · · · · · · · · · · · · · · · · · · · · · · · · 5
Motion to extend the Temporary Public Works position
for six months through June 30, 1991 · · · · · · · · · · · 5
Voting Equipment · · · · · · · · · · · · · · · · · · · · · · · · 5
Solid Waste Representative - Cindy DeRuyter · · · · · · · · · · · 6
Receive Feasibility Report/IP90-23/Clemens Corner · · · · · · · · 6
Resolution R172-90 to receive feasIbIlity report · · · · · · 6
Report on Status of Radium in City Water Supply · · · · · · · · · 7
Approve Change Order #2/IP90-5/Hldden Creek East 3rd · · · · · · 7
Purchase of Hose/Fire Department · · · · · · · · · · · · · · · · 8
Bob Dillon Discussion · · · · · · · · · · · · · · · · · · · · · · 8
Motion determining the Fire Department has acted according
to its By-Laws and Robert's Rules of Order, recommending
Mr. DII Ion direct his concerns to the Fire Department's
Grievance Committee · · · · · · · · · · · · · · · · · · · · 10
To] 1 Road Letter/In Opposition · · · · · · · · · · · · · · · · · 11
Approval of Claims · · · · · · · · · · · · · · · · · · · · · · · 11
Adjournment . . . · · · · · · · · · · · · · · · · · · · · · · · · 11
(~' CITY of ANDOVER
...1. 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
REGULAR CITY COUNCIL MEETING - DECEMBER 4, 1990
MINUTES
The Regular BI-Monthly Meeting of the Andover City Council was called
to order by Mayor Jim EI ling on December 4, 1990: 7 : 30 p. m. . at the
Andover City HaIJ, 1685 Crosstown BouJevard NW, Andover, Minnesota.
Councilmembers present: Jacobson. Knight, Orttel, Perry
Councilmembers absent: None
A]so present: City Attorney. Wi I liam G. Hawkins: TKDA
Engineer, John Davidson: Planning and ZonIng
Commission Chairperson, Rebecca Pease; Ci ty
Planner, David Carlberg: Assistant City
Engineer, Todd Haas: Public Works Supervisor.
Frank Stone: City Finance Director, Howard
Koollck: and others
AGENDA APPROVAL
It was agreed to add the fol lowing to the Agenda: Item 6a, Solid
Waste Representative: and Item lOa. Toll Road Letter.
MOTION by Jacobson, Seconded by Perry, the Agenda as amended.
Motion carried unanimously.
APPROVAL OF MINUTES
November 20, 1990, Regular and Closed meetings: Correct as written.
Mayor Elling asked for a motion to approve those Minutes.
MOTION by Knight. Seconded by Perry, to so move. Motion carried on
a 4-Yes, i-Present (Elling) vote.
JUNKYARD LICENSE APPROVALS
MOTION by Knight, Seconded by Perry. approval of the 1991 licenses
for Mom's Auto Salvage. Rite-Away Auto Sa]vage. and Auto. Truck & Van
Salvage. as presented, subject to Fire Department review. DISCUSSION:
Mr. Carlberg did not know If the yards had been inspected by the Fire
Department: however, he did Inspect them for violations of the fire
Janes, documented any vioJations and required them to be corrected.
Motion carried unanimously.
VARIANCE/FIRE STATION/139TH AND CROSSTOWN
Chairperson Pease reviewed the Planning and Zoning Commission's
recommendation to deny the request for a 10-foot encroachment Into the
sldeyard setback along a major arterial road, Crosstown Bou1evard.
Regular City Councl1 Meeting
Minutes - December 4, 1990
Page 2
(Variance/Fire Station/139th and Crosstown, Continued)
They found no hardship or any other unusua1 criteria to grant the
request. The drawing before them wasn't very accurate. and the
fee11ng was that the building could be placed on the lot without a
variance with better planning.
Bob Peach. AVFD Flrefiqhter - agreed the drawing given to the
Planning Commission had some errors on It. For one thing, 20 feet of
green space is required on the east side of the lot; it had been drawn
as 16 feet. That creates a 4-foot encroachment into the sldeyard
setback. They actually only need a 4-foot variance and only for a
corner of the bui Jding. He felt the request did meet the criteria for
granting a variance. The south end of the lot is narrow due to the
county taking the right ot way for Crosstown Boulevard. which creates
a hardship due to the shape of the lot. The proposaJ Is the best plan
for the use of the property and takes Into account the abi I i ty to add
another bay on the east side of the bul ¡ding in the future if i t is
needed.
Mr. Peach also noted the property was zoned Neighborhood Business and
a permit given for a shopping center. That permit has expired and the
land was never rezoned. If it were zoned R-4, only a 40-foot setback
would be required and a variance wouJdn't be needed.
Councilmember Jacobson felt because the building is not yet
constructed, It shouJd be designed to fit on the 10t. He found no
hardship at this time because the building can be moved so a variance
isn't needed. If there is to be an expansion in the future. he felt
any variances needed should be dealt with at that time. Mr. Peach
disagreed. fee11ng all matters shouJd be dealt with up front, not come
in after-the-fact.
Discussion also noted that there Is a vacant lot between the parcel
for the Fire Station and the existing house to the east. If a house
Is bui It on tha t parce I , Councilmember Orttel predicted a variance
request In the future to expand the fire station closer to that house
would not be well received. He also felt that there is no reason the
property should remain zoned NB. If the City initiated a rezoning to
R-4, which he felt is the proper zoning. then no variance is needed.
Mr. Peach also pointed out that a variance was given previously to
Riccar Heating and Air Conditioning which meets the same
criteria as this request. Moving the bui1ding to the east probabJy
lnhibites any future expansion, which is not good planning. They
cannot have parking on the south end of the Jot because the county
wi II not al low cars to enter the driveway off Crosstown BouJevard. To
move the building further north would e1imlnate parking places. The
parking Jot has already been reduced to the minimum size because of
the cost of asphalt. There are on]y 30 parking places, but there will
be 50 firefighters.
Regular City Council Meeting
Minutes - December 4, 1990
Page 3
(Variance/Fire Statlon/139th and Crosstown, Continued)
Chairperson Pease explained the dilemma of the Planning Commission was
requiring the City to follow the same guidelines as any citizen. They
did not see the hardship. Mr. Peach stated the Fire Department didn't
expect special treatment. They felt they are following the same ruJes
as the residents, which is the reason the variance was requested. It
Is the same as the variance gIven to the lot down the street. He stilI
felt the request meets al J four criterIa for granting variances.
Building Official Dave AJmgren also explained the variance was granted
to Riccar to make their parking lot bigger. This lot is a lit tie
smaller than what was anticipated because It was not surveyed until
two months ago. Mr. Peach stated the building itself Is the same size
that was considered several years ago. It Is just that there was less
land than they thought, which was onJy discovered after the survey was
done. And the reason I t Is smaller is because of the county's taking
of the right of way for Crosstown Boulevard,
MOTION by Jacobson, Seconded by Perry. the Resolution as presented
(denying the variance request for a 10-foot encroachment into the
sldeyard setback along a major arterial. Crosstown Boulevard)
DISCUSS ION: Councllmember Orttel stated he would deny the request as
long as the City Initiates a rezoning on the property to R-4. He felt
there Is no reason the property should remain zoned NB.
Councllmember Perry was opposed to rezoning, feel ing that is a very
serious matter. She preferred to grant the variance based on approval
of a varIance In a similiar circumstance two years ago to a private
developer.
Councllmember Jacobson didn't feel the City would grant a variance to
a developer in a slmJ lar Instance where the building is not yet
constructed. He preferred dealing with any variance needed at the
time of any proposed expansion. Mr. Peach felt It Is better to plan
to have the space available now rather than have to come back and ask
for an exception in the future. Mr. Almgren noted the Rlccar building
was not constructed at the time they received their variance.
VOTE ON MOTION: YES-Jacobson; NO-EIJing. Knight. Orttel, Perry
Motion failed.
MOTION by Orttel. Seconded by Knight, that the Counc II grant an
encroachment Into the sldeyard setback along a major arterial
(Crosstown BouJevard) for the construction of Fire Station #1 located
at the southeast corner of 139th Avenue NW and Crosstown Boulevard
based on the fact that a very slmillar variance was granted due to the
shape of the property on a commercial building within one-half mile of
this structure within the last few years. <See ResoJution R170-90)
DISCUSSION: Attorney Hawkins noted the standards that applied for
Riccar would be the same standards that would apply here. Motion
carried on a 4-Yes, l-No (Jacobson) vote.
·
Regular City Counci] Meeting
Minutes - December 4. 1990
Page 4
LICENSE APPROVALS
MOTION by Perry, Seconded by Orttel, approv i ng the following
licenses: Cigarette - Merwin Drug; Cigarette and On-sale
Non-Intoxicating Liquor - Tasty Pizza VII. Motion carried on a 4-Yes.
i-No (Jacobson) vote. Councilmember Jacobson noted his reason for
vot I ng no is the same as expressed at the last meeting (See Minutes
of November 20. 1990 )
WATER AND SEWER BUDGET
Mr. Koollck highlighted the revenues and expenses of the Sewer and
Water Funds as outlined in the Agenda material. No rate increases are
proposed for either Fund: 10 percent of the Administrator's salary has
been allocated to each Fund: the MWCC charges are based on actuaJ
costs for 1991 : and the Sewer Fund is proposed to pay for I ts portion
of the 1990 equipment certificate. which will al low the Council to
reduce the tax levy by that amount. If the Counci I agrees wi th the
transfer of 20 percent of the Admnistator's salary to these funds. the
General Fund expenditure would be reduced accordingly and added to the
Contingency line item.
The Counc i I discussed the proposal from Metro Relations regarding MWCC
oversight services for a fee of $1.250 for 1991. It was generaJ Iy
agreed that the City not participate in that service.
Counc i I then discussed the proposal from Mr. Stone to hire the
temporary employee in Public Works. whose position expires on December
31, 1990. on a permanent basis at the same pay scale. Mr. Stone stated
he would not have to advertise for the position, as she is a member of
the union and would be given first opportunity for the position. The
funds for the permanent position would come from the summer help that
is budgeted in these funds. There is money in the General Fund for
summer help.
The Counc i I acknowledged a permanent position can be justified:
however. there was a great deal of concern over anticipated revenues
In 1991. It was f e I t the City must prepare to receive considerably
Jess In State funds than has been budgeted and that it needs to be
very cautious about expending funds. Because it will not be known
what legislative action wiJ] be taken before May, it was agreed to
retain the Public Works position as temporary for the first ha I f of
1991 and to re-eva]uate it again in the second quarter of 1991.
CounclJmember Orttel also noted that a portion of the water user fees
Is to be al located for capita] expenditures such as new wel Is. water
storage tanks, looping of lines, etc. Mr. Koolick acknowledged that
is so; however. no money has ever been set aside for that. Al I of the
user fees have been used for the operation of the system.
Councllmember Orttel was concerned that nothing is being set aside for
those expenditures, as that was the original intent.
ReguIar City Council Meeting
MInutes - December 4, 1990
Page 5
(Water and Sewer Budget. Continued)
Councllmember Orttel was also concerned about the entire expenditure
for the Bobcat coming from the Water Fund. Because the revenues come
from the users of the system. on]y actual expenses of the water system
should be charged against the fund. Mr. Stone agreed the Bobcat will
also be used for sewer and storm sewers. Counci]member Orttel then
requested that the cost be distributed among the appropriate budgets
based on how It wllJ be used.
Mr. Koolick suggested approving the budget this evening without the
expenditure for the Bobcat, and an adjustment to the budget for that
Item can be looked at next spring. Counc I I agreed.
MOTION by Jacobson, Seconded by Orttel, the Resolution establishing
the 1991 Water and Sewer Fund budgets with the caveat that the Staff
wi I] 100k at the Capi tal Expenditures for the Bobcat In the amount of
$20,000 and make a recommendation as to how that could be spread more
equitabJy. (See Resolution R171-90) Motion carried unanimously.
Mayor EI I ing asked for a motion to extend the Temporary Public Works
Position for six months through June 30, 1991.
MOTION by Jacobson, Seconded by Perry, to so move. Motl on carr i ed
unanimously.
VOTING EQUIPMENT
City CJerk Vicki Volk explained there wi¡ I be a price increase in the
voting units after the first of the year to $6.200 per unit. The
present cost is $5,100 each. She felt two addl tional un I ts wi J I be
needed. A1so. two addltlona1 precincts will need to be formed because
Andover has two of the largest precincts In Anoka County. However,
there is no money budgeted at this time and there is no ejection until
1992.
Counc i I was again concerned about the budget and felt I t is not wise
to make the purchase at this time. It as agreed to continue the item
to some time In the future.
Counc I J recessed at this time for an HRA meeting: 8:48; reconvened at
8:49 p.m.
SOLID WASTE REPRESENTATIVE
Mayor EI ling explained the Solid Waste Task Force meets to discuss
recyc1lng, landfIll sItIng process, reguJatIons. etc. , and Andover has
Regular City Council Meetl ng
Minutes - December 4, 1990
Page 6
(Solid Waste Representative, Continued)
not been represented since the previous City Planner resigned. He
felt it is Important that Andover be represented and suggested Cindy
DeRuyder, the City's Recycling Coordinator, attend those meetings.
MOTION by Jacobson, Seconded by Perry. that we authorize Cindy
DeRuYder to attend meetings of the Solid Waste Task Force In the
evenings at her normal rate of pay subject to her accepting the
assignment. Motion carried unanimously.
RECEIVE FEASIBILITY REPORT/IP90-23/CLEMENS CORNER
Mr. Davidson reviewed the feasibility report for deve]opment on the
northeast corner of Hanson and Bunker Lake Boulevards. Counc i I noted
that before a pUblic hearing is held, the City must have a written
agreement tram the owner regarding the proposed develoment by Wagner
Corporation on his property.
Mr. Davidson noted the request that that portion of the assessment on
the lot between the corner and the Hil Is of Bunker Lake commercial
lot along Bunker Lake Boulevard be deferred until development of the
next phase of the project. The feasibility report has been done on
that basis, though the Council needs to make that determination. A
possibility would be to defer the assessment for five years or until
development occurs, whichever occurs first. The understanding also is
that when the watermain Is put up to 138th Lane on Hanson Boulevard,
the property wi I I be assessed the full frontage along the west side.
That fu II assessment a]ong both sides of the property was also done
for the Downtown Shopping Center area. Mr. Davidson said it is his
understanding that the Wagner Corporation wi I I buy all of the property
subject to the development costs being outlined.
Mr. Davidson also noted the proposed access to the parceJs and that
the deveJopers are aware of the county restrictions once the
roads are widened. He reviewed costs of the proposed project of
$23,257.61 for each of the two lots, with the completetion date
proposed to be July 12. 1991. The deveJoper wlJ] also incur other
costs of internal storm drainage, Internal road system. parking, etc.
The developer has talked about grading and developing in phases. and
that mayor may not be acceptable as far as the City is concerned
because It does have an Impact on the overa II drainage system.
The Counc I I had some concerns about the proposa I , feeling future
sp J its of the parcel may be a problem. Because of the topography of
the Jand and the problems involved, they wanted to see a sketch pJan
of the proposed development of the area before proceeding any further.
They also wanted the developer to understand that Interest Is levied
when an assessment Is deferred, as opposed to not assessing a portion
until some point In the future.
MOTION by Knight. Seconded by Jacobson, to receive the teaslblllty
report (See Resolution R172-90 receiving the report only for Project
90-23, proposed Clemens Corner area) Motion carried unanimously.
ReguJar Clty Council Meeting
Minutes - December 4, 1990
Page 7
REPORT ON STATUS OF RADIUM IN CITY WATER SUPPLY
Mr. Davidson explained one of the proposals is to construct the
16-inch watermain up Crosstown Boulevard from Andover Boulevard to the
tower at City Hal) to loop the system. Once that Is completed. i t is
projected the quality of water will improve. But that cost Is
estimated at $250,000. The test we II dug at City Hall showed the same
amount of radium as WelJ 3. Since the City signed Its agreement with
the State Board of Health, radium has been found across the country in
much higher concentrations than what is found in Minnesota. One of the
things being considered by the EPA, which he felt is very likely. is
lowering the maximum from the current 5 pCi/L to 20 pCi/L for both
radium 226 and 228 that is found in the water supply. If the standard
Is changed to 20 pCl/L, the City will have to do nothing because the
leve]s In the Gity/s supply are well below that. WeJls 1 and 2 have
between 8 to 14 pCi/1 and Well 3 varies from 2 to 8 pCi/l.
Mr. Davidson stated what is being discovered is that to get below 5
pCi/I, very expensive equipment is needed, plus high costs for
operation and maintenance of it. Also, the removal of the radium
generates large quantities of highly concentrated radium, a hazardous
waste. which also poses the problem of its disposal. At the present
time. however, the City is under an agreement to bring the radium
level down to below 5 pCi/1 within a three-year period. We] I 3 was
constructed so an iron and manganese removaJ system can be installed,
which wi I J also filter out some radium. Also, once the tank at City
Hall is on line, there wIll be greater water movement and better water
qu a] i t y . For now. the best method of obtaining better water quaJlty
is to maintain a good flushing system.
Councilmember Perry stated after the first of the year, she is going
to sUggest holding quarterly town meetings on issues such as this,
bringIng in experts, etc.. to keep the people accurately informed on
matters of concern. She feJ t this is one item that needs to be
discussed so the scare tactics used by some can be dispeJled.
Counc i I brlefJy discussed some of the problems of extending the
16-inch line north from Andover Boulevard. It was also mentioned that
the concern being raised by the residents is mostly the result of the
Jetter which is mandated by the Health Department that they receive In
their water bil ling every quarter. No turther action was taken.
APPROVE CHANGE ORDER #2/IP90-5/HIDDEN CREEK EAST 3RD
MOTION by Jacobson, Seconded by Knight, Change Order No. 2 for
Project 90-5, Hidden Creek. total amount $1.226.00. Motion carried
unanimously.
Regular City CounclI Meeting
Minutes - December 4, 1990
Page 8
PURCHASE OF HOSE/FIRE DEPARTMENT
Fire Chief Glenn Smith and Firefighter Jim Pierson reviewed the quotes
to purchase four- and five-Inch hose for the new fire trucks. They
are recommending the bid be awarded to Mid-Central. which Is a
purchasing consortium because it is the lowest cost of the type of
hose they have found to best suit their needs. The funds are to come
out of the bond money approved by the voters. The quote for the
consortium Is valid until December 14. Mr. Pierson noted the smaller
hoses will be ordered at a Jater date.
MOTION by Orttel. Seconded by Perry. that the Council approve the
purchase of 1500 feet of 5-lnch hose and 150 feet of four-Inch hose
from Mid-Central (Consortium) for Angus hose for a total price of
$8,469.69. Motion carried unanimously. Discussion noted the price
Includes the stencil as well.
BOB DILLON DISCUSSION
Present: Bob D I I J on ; Fire Chief Glenn Smith: Chairman of the Building
Committee. Firefighter Bob Peach; and a group of firefighters.
Mr. DII Ion read a resolution he Introduced at the Fire Department
business meeting on November 28 asking that no report be taken to the
C! ty Council that has not been submitted to the membership, voted
upon, and recorded In the Minutes. and that the City Council rescind
all reports that have not been properly submitted to the Department.
There was no second to the motion. He asked that the City Councl J
establish a poJicy on whether or not the Fire Department operates
under Robert's Rules of Order. Attorney Hawkins stated he has already
given his opinion that Robert's Rules of Order pertain to the conduct
of the business meetings of the organization.
Fire Chief Smith gave the background as to what led up to his removing
Mr. Dillon from the Building Committee and his issuance of a Jetter to
Mr. DII Ion on January 30, 1990, asking that he direct any comments on
the proposed new fire stations and bond Issue to the Building
Committee. It was not a 'gag order' as Mr. Di IJon calls It: It what
a directive so the Department would speak as one voice and work In the
same direction on the matter. Mr. Dil Ion did make motions at meetings
after that and did express his opinions to the committee and to the
membership; however, his motions were either not seconded or were
voted down. The membership does not always understand what Mr. Dillon
is proposing, nor do they support Mr. DII lon's position.
Chief Smith spoke of the verbal chastisements, beI llgerence, and
swearing toward him by Mr. DII Ion on several occasions, of the
frustrations of trying to answer Mr. DII Ions questions and concerns
often ending up In Mr. DII Ion angrily swearing and leaving the
Regular City Council Meeting
Minutes - December 4, 1990
Page 9
(Bob Dillon Discussion. Continued)
premises, that Mr. Dillon did not come to the Council unti I six months
after the letter was written, and that Mr. Dillon did not foJJow the
Department's procedure of going through the Grievance Committee
regarding his suspension. Chief Smith stated the members of the Fire
Department were well informed of what was taking place: everyone had
an opportunity for input: and they are operating under Robert's Rules
of Order. Nobody calls for a vote. so no votes are taken. as Is done
wi th al] committee reports. He said he felt the suspension was
necessary because of Mr. DIJ]on's Insubordination.
Chief Smith stated he was not sure why this is before the Council
because It has a]ways been the Counci]'s directive that the Department
resolve their own problems. That Is what he would like to do,
apologizing for the fact that it has been brought over to the Council
and has taken so ]ong to get resolved.
Councilmember Jacobson understood the one Issue is whether Robert's
Rules of Order apply, and everyone agrees that they do. The second
Issue is whether the Chief has the authority to instruct the committee
to set official policy about the bond election. and the Minutes show
no motion to that effect.
Mr. Peach stated the committee did not set any policy. When the
committee made a decision, it was brought back to the Officers and to
the general membership; and when policy was to be set. it was taken to
the Counc I I . He ]Isted a]] the months. virtua]]y everyone. that the
Minutes indicate a report was given at the general meeting. At those
meetings. the flreflghteres were free state their opinions: but very
few amendments were made. The purpose of the letter written to Mr.
DI J Ion. as he understands It, was so the Fire Department couJd speak
to the Counc i I and to the community with one voice. Pol icy In the
Department is set by the Chief. and they have had almost dai]y
conversation on this matter. The committee does not establish policy,
It recommends It: and he did not know what poJicy Mr. Di I Jon Is
accusing them of setting.
Mr. Peach aJso noted that the business meetings of the Department
generally consists of a series of committee rePorts, and motions are
never made on those reports. Members discuss them and offer ideas and
suggestions, but there Is generaJ consensus. genera]Jy not motions.
The meetings have always been run that way, including when Mr. Di lion
was chairman of the Building Committee. When motions are made. they
are done so within the confines of Robert's Rules of Order: and Mr.
DII Ion has offered motions during this past year.
Mr. Dillon stated the issue before the Council Is what is In the
motion read to the Council this evening and which was presented and
died for a Jack of a second at the Fire Department meeting -- does the
Fire Department have the right to vote on official policy. The Cl ty
Attorney and City Council have said yes, yet they are not voting on
anything.
Regu]ar City Council Meeting
Minutes - December 4, 1990
Page 10
(Bob DilJon Discussion, Continued)
Attorney Hawkins repeated that Robert's Rules of Order apply to the
transaction of business at a meeting. There are specific provisIons
In the By-Laws that deal with commIttees and the authorities of those
committees. He has said where there Is specific authority in the
By-Laws, it supercedes any provisions In Robert's RuJes of Order. The
committees don't have anything to do with the mee ti ngs: they are
outside of the meetings. The By-Laws say committees may be appointed
to transact any business or do any other work for the good and the
welfare of the organization. Again he repeated. the By-Laws govern,
not Robert's Rules of Order concerning committees. The Chief
appointed a committee and gave them a responslblllty, as authorized by
the By-Laws. Test Imony this evening has been that the committee did
not set po] Icy: they were a recommending body only.
A Jengthy discussion continued about the conduct of the Fire
Department's Business meetings. Councllmember Jacobson feJt that if
Mr. DI I Ion did make objections during the meetings, they were not
sustained. If objections were made after the meeting. then he
acquiesced by not doing something official at the meeting.
Councilmember Perry stated it is common practice to have abbreviated
minutes of meetings slml liar to those of the Fire Department. She had
some concerns if a member of a committee is not given the opportunity
to present a minority report to the Counc II : however, she was also
concerned that Mr. DI I Ion did not fol low the normaJ procedure of the
Fire Department by not addressing the Grievance Committee.
Mr. DII Ion asked the procedure for a minority report to the Counci I.
Councllmember Perry said she would have liked to have some specific
Issues raised by Mr. DI] Ion. Chief Smith stated the Department is
operating according to the By-Laws and Robert's Rules of Order. He is
operating the Department the same as the previous chief. Mayor
EJ Jlng stated the Department's rules dictate how the meetings are run.
If Mr. DII Ion wishes to change anything, changes to the By-Laws and
Constitution are being addressed at this time and he should make his
concerns known through the proper channels of the Department. Any
changes are to be made by the majority of the membership. Any
probJem within the Department should be dealt with by the Department.
not by the Counc i I . Counclmember Knight felt it may be beneficial to
have a parllmentarlan at the business meetings.
MOTION by Jacobson. Seconded by Perry. that the City Council
determines that the Fire Department. In the opinion of the City
Attorney, has acted according to its By-Laws and Robert's Rules of
Order: and that Mr. DIJllon does have further recourse for any redress
that he believes due him, and that is through the Grievance Committee:
and the Counc II recommends that Mr. Dillon does make an offlclaI
request to the Grievance Committee to discuss any further Issues: and
that Grievance Committee and the ful I Fire Department resolve any
issues that result through that committee. DISCUSSION:
Regular City Council Meeting
Minutes - December 4. 1990
Page 11
(Bob Dillon Discussion, Continued)
Mr. Di lIon stated the Grievance Committee was set up speclflca] Iy to
deaJ with suspensIons. It Is also in direct conflict with the
ordinance which says the Council determines at the end of suspension,
retention or removal of the member. He saId he was not interested in
]Iftlng the suspension but In estab]ishlng order in the Fire
Department. Councllmember Orttel felt that is only If that becomes an
Issue. In his case retention or removal was not an Issue. Mayor
EI ling Interpreted the Grievance Committee to be for any grievance,
not just suspensions. Attorney Hawkins stated If the Grievance
Committee does not deal with his concerns. Mr. Dillon should make his
motions at the meeting. If they don't pass. he loses. which Is the
way democracy works.
Motion carried unanimously. Mr. Peach requested the Council to
establish a policy of not addressing Issues of City operation at the
citizen's forum. It has happened five times with this issue. only one
side of the Issue was heard each time. and it has done a lot of damage
at the Fire Department. Mr. DII Ion asked what his rIghts for a
minority report to the Counc i I are as fireman and citizen. Mr. Peach
stated he was not on the committee and therefore cannot issue a
minority report. Counc i I suggested he send a letter to the City
Counc I I explaining his position.
TOLL ROAD LETTER
Mayor El ling explained the letter from Elwyn Tinklenberg of November
28. 1990, In opposition to the proposed toll road of Hwys. 610 and 10.
He felt It would be appropriate to join the other cities In the
northern suburbs to oppose that proposa I .
MOTION by Knight, Seconded by Orttel, that we send a strong letter
endorsing that position and authorize the Mayor to sign it.
DISCUSSION: Councllmember Jacobson preferred to see more information
on the matter before voting on It. Motion carried on a 4-Yes,
i-Present (Jacobson) vote.
APPROVAL OF CLAIMS
MOTION by Perry, Seconded by Jacobson, approve the Schedule of Bi ¡ Is
of 11-28-90, tota] disbursements of $328.805.34. Motl on carr i ed
unanimously.
MOTION by Perry to adjourn. Mayor Elling declared the meeting
adjourned at 10:37 p.m.
Respectfully submitted,
~~~~
Marcella A. Peach Recording Secretary