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HomeMy WebLinkAboutCC November 20, 1990 CA CITY of ANDOVER Regular City Council Meeting-November 20, 1990 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion items 1. Johnson Sanitation Building Reconstruction 2. R. Sonsteby Map/Sewer & Water Request 3. Traffic Signal Disc./90-20/157th & C.R. 9 4. Coon Creek watershed Draft Letter ,5. Special Use Permit/Oil Storage Tank/City of Andover 6. Award Sale/$1,550,000 G.O. Temporary Bonds 7. Approve Sale/Commercial Park Lot Closed Mtg. 8. Cy Smythe/Comparable Worth Staff, Committee, Commission 9. Authorize Sale of Equipment Certificates 10. Rural Density policy Update 11. License Renewals 12. Junkyard License Renewals 13. PW/Fire Department Excess Funds 14. PIR Budget 15. Approve Resolution Expending PIR Funds 16. Authorize purchase/Portable Pipeline Inspection System 17. Award Bids/Fire Trucks Non-Discussion items 18. Accept Feasibility Report/Metropolitan Mosquito Control Building 19. Receive Petition/Clemmens Corner/90-23 20. Release Escrow/Benolkin 21. Final payment/pilot Well 22. Accept Easements/88-9/Tulip Street 23. Receive october Financial Statements Approval of Claims Adjourn ,'CA CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 REGULAR CITY COUNCIL MEETING - NOVEMBER 20, 1990 MINUTES The Regular BI-Monthly Meeting of the Andover City Council was called to order by Acting Mayor Mike Knight on November 20, 1990. 7:34 p.m.. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Counclimembers present: Jacobson. Orttel, Perry Councllmember absent: Ell ing Also present: City Attorney. WI I llam G. Hawkins; Assistant City Engineer. Todd Haas; City PJanner, Dave Carlberg: Public Works Supervisor, Frank Stone; CIty Zoning Administrator, d/Arcy Bosell: City Finance Director, Howard Koolick; and others RESIDENT FORUM Charlie Veiman. Bunker Lake Boulevard - stated it has been brought to his attention that the quality of water in the municipal system is not good. He said he brought in a sample of the water for the Council to view, pointing out the problems of radium. a color that stains, and poor taste. He asked if the Council is acquainted with the problem. Councilmember Jacobson noted Mr. Stone has mentioned the water quality problems that can occur at deadend pipes. No further action was taken on that issue. Mr. Veiman then thanked Councilmember Knight for his years of service on the Council and wished him weJJ. Bob Dillon. Flrefiahter - stated he was before the Council in June raising several questions and has Included documentation in this Agenda packet for the Council. He asked If the Council intended to discuss the item this evening. Councilmember Perry asked if he had gone to the Fire Department's Grievance Committee with this. Mr. Dillon stated there is no grievance, that the ordinance states it Is the Council who dismisses or retains members after suspension, So he felt the Grievance Committee Is somewhat of a conflict. This Is not an internal situation but asking the Council to establish a policy as to whether the Department and the City operates under Robert/s Rules of Order. Counc i I agreed to add the item to the Agenda. AGENDA APPROVAL It was agreed to add Item 24. Bob Dillon Discussion: and Item 25. Resolution/Epilepsy Month. MOTION by Jacobson. Seconded by Perry. the Agenda as amended. Motion carried unanimously. Regular City Council Meeting Minutes - November 20. 1990 Page 2 APPROVAL OF MINUTES MOTION by Perry, Seconded by Jacobson. approval of the Minutes of November 6 and November 8 as written. Motion carried unanimously. JOHNSON SANITATION BUILDING RECONSTRUCTION JIm Neilson of Babcock. Locher. Neilson & Mannella. Representlnq LeRoy Johnson - explained the structure on Mr. Johnson's property on Bunker Lake BouJevard burned down last fall. It was erected in 1965, but there has been an on-going business there since 1959: and there has been a hog farm on that property since 1942. The structure was 6.500 square feet and has been used as part of their farming operation and sanitary refuse collection business. The structure has contained farm tractors. trucks. and storage for the farming operation. They have been advised that a Special Use Permit Is needed to reconstruct that building and use i t in the manner it was previously used. Mr. Neilson stated it is their position that according to the ordinance, 4.03 (E), a SUP is not needed because the structure Itself is conforming. and he fel t this section does not pertain to a conforming structure. It Is the use that Is nonconforming. However. the property and the use of that structure has been grandfathered In. At one time the property was used as a landf II I, but not any longer. AI I Mr. Johnson wants is to reconstruct what he previously had In the same location, the same size, for the same use. It is now the only structure on the property. Mr. Neilson reiterated that this farmer and businessman does not want to ask for a Special Use Permit, and they do not believe a SUP Is required. Attorney Hawkins disagreed with Mr. Neilson. It was his opinion that the structure was a commercial building in the fashion It was being used, and commerciaJ buildings are not allowed in a residential or agricultural area. By virtue of the fact that Mr. Johnson is operating a sanitation business from that building, eVen though It Is In conjunction with other activities that may be permitted, it Is a nonconforming structure. He's made that structure a commercial type use, that use makes the building nonconforming, and Mr. Hawkins felt Section E applies. The reason for the ordinance is for the City to make a correction and to require a landowner to come Into conformance with the ordinance when there is the opportunity. He didn't have a problem putting the building up for the activities permitted in a residential district. Mr. Neilson explained the structure had been used to house for up to eight sanitation trucks and to work on them by their employees. At the present time there are three trucks, plus two farm tractors, and storage of materials tor the farm. The trucks pick up toad tor the hogs plus pick up refuse to take to a sanitary landfi II. He again argued the structure Is conforming: it Is the use that is nonconforming, feeling Sections F and G of the ordinance apply. Regular City Council Meeti ng Minutes - November 20, 1990 Page 3 (Johnson Sanitation Building Reconstruction, Continued) A JengthY discussion continued. CounciJmember Orttel stated the structure can be rebuilt, but the use of the property has not changed. At least a portion of the property has been used for this purpose for many years. He felt what is being said Is that the buiJdlng can be bui1t but the parking has to be done outside of the building, not inside. He felt 4.03 (F) specifically refers to the nonconforming use of a building, which 1eads him to believe the author of the ordinance had in mind that there could be a situation of a nonconforming use of a bulJdlng as opposed to a nonconforming building and,'or a nonconformIng use. If the termInology of nonconformIng use of a building were put Into Section (E) , It would be real c I ear. He questioned whether by virtue of having a number of different uses In a bui Iding that that building becomes nonconforming. Counci]member Perry asked if the trucks were used for the hog operation, would they be aJlowed to be stored in the structure. Ms. Bosell stated she would have to look at what constitutes a farm truck in conjunction with that part of the ordinance that deals with parking commercia] vehicJes In residential areas. She thought i f the trucks were used soley for the operation of carrying feed for the farm operation. they may be permitted. Mr. Neilson asked to remember that this is a farm, noting that neither Section 4.05 nor Section 8.08 would appear to a]low any type of farm operation. Attorney Hawkins felt the issue is when does a use become so Intense that it changes a conforming structure to a nonconforming structure. The Counc I I has to make that decision. He felt the primary purpose of the structure is commercial because Mr. Johnson has been housing his sanitation trucks. which converted what probably was a conforming structure to a nonconforming structure. Councllmember Orttel felt that Section 4.03 (E) deals strictly wi th building code type things. The other sections have to do with uses ot the land. Dave Almgren, BuiJding Official, didn't fee] there was a prob]em building the building, but It goes back to what I t is being used for. That is why it was SUggested that a Special Use Permit be applied for. Councilmember Perry asked if the structura] requirements are dl tterent If It were for a commercial use or a residential/garage type use. Mr. Almgren said It wouldn't make any dlfterence. Councilmember Orttel also noted this operation Is well screened wi th a berm in front: It is one of the most isolated pieces of property In the City. LeRoy Johnson - stated the commercial operation started in 1948. The trucks are used 50 percent for hauling trash and 50 percent for hauling hog feed. Regular City Council Meeting Minutes - November 20, 1990 Page 4 (Johnson Sanitation Building Reconstruction, Continued) MOTION by Perry. Seconded by Jacobson. that the Andover City Council recommend that Mr. Johnson be provided a building permit for the purpose of reconstructing the accesso.y structure that was damaged by fire. DISCUSSION: Councilmember Perry didn't think that the structure needs a Special Use Permit to be constructed. She also didn't agree with the argument that the use makes the structure nonconforming, particularly since the BuiJding Official has said there would be no difference in construction between an agricultural or a commercial building. She felt Mr. Johnson shouJd be allowed to rebuild and continue the operation as was done before the fire as long as none of the property is used as a landfill. Councilmember Perry ADDED to the Motion: building permit can be acquired and the operation can continue as It was prior to the fire. Second Stands. DISCUSSION: A suggestion was made that the Planning Commission look at Section E of 4.03 to clarify the Intent. VOTE ON MOTION: YES-Jacobson, OrtteJ, Perry; ABSTAIN-Knight: ABSENT-EI ling. Motion carried. R. SONSTEBY MAP/SEWER AND WATER REQUEST Council acknowledged the map outlining the properties that have been petitioned by Rose]la Sonsteby for sewer and wate.. The item has already been referred to the Planning Commission. No further action was taken at this time. TRAFFIC SIGNAL DISCUSSION/CSAH #20 AT CSAH #7 AND CSAH 9 Mr. Haas reviewed the county's September 28, 1990, letter that the intersection of CSAH #7 and CSAH #20 does not meet warrants at this time. They are also wil ling to install a signal at CSAH 9 and 20 1 f the Council chooses to do so. Jon Olson. County Hiqhway Department - explained the spacing between the two signals along CSAH #9 on both ]egs of CSAH #20 Is about one-half mile. With that distance, he believed it would be a benefit to have a light at CSAH #20 west as we]J (157th Avenue). They are also proposing a permanent signaJ there because they do not see that intersection changing in geometrics for a number of years. Should the City decide to put In a signal there In the future rather than now, It would still be warranted and the county wou]d wo.k with the City on it. Councilmember Jacobson didn't feel the second light at 157th at CSAH #9 is needed at this time because of the short distance to CSAH #20 east. noting it is also a cost factor. Mr. Olson thought there would be a significant probJem on CSAH #20 west for east- and north-bound traffic. Regular City Council Meeting Minutes - November 20. 1990 Page 5 (Traffic Signal Discussion/CSAH #20 at CSAH #7 and CSAH #9. Continued) Councllmember Orttel realized It is a cost and safety factor for the City; however, Anoka County has always been very conservative In its signalling program. which made him think a light may be necessary there if the county is proposing it. Mr. Haas stated the funds would come from the City's MSAH account. MOTION by Orttel, Seconded by Perry, that the Council reconsider the placement of a traffic signal on County Road 9 and 157th. MotIon failed on a i-Yes (Orttel), 3-No (Jacobson. Knight. Perry). i-Absent (EJllng) vote. For now there will be no signals on CSAH #20 south (157th Avenue) at either CSAH #7 or CSAH #9. COON CREEK WATERSHED DRAFT LETTER Councilmember Jacobson stated he talked with Tim Kelly. District Administrator, and was assured the $30,000 levy would not be an annual levy, that only the amounts needed would be levied. He did not feel it would be necessary to build up a very large balance by levying $30,000 every year, even if It is not needed. Tim Kelly - stated he has spoken to the Watershed's Attorney since speaking with Councilmember Jacobson, who interprets this as being subject to an annual levy. The Rice Creek Watershed does levy the $30.000 every year and has built up a substantial fund balance. Management of that maintenance fund is a potential Issue. He reported the Watershed has adopted a much more formal budgeting process which Included adoption of a formal program structure, the formulation and review of the budget and annual plan by the Citizens Advisory Committee and the Informal Technical Advisory Committee. of which Jim Schrantz is a member. They set objectives for maintenance for 1991 and wi I I continue to do that. Should they get thIs authorization, those funds will be tied to the annual obejctives. They are looking for a method to take care of the small maintenance projects without undergoing the long admInistratIve and hearing process that is assocIated with Statute 106A. To date, Columbus Township, Ham Lake, and Coon Rapids have take official action sending letters In support. Mr. KellY stated the assurance he can give that more would not be levied than needed is through the budget review process, which includes staff members of the City of Andover. He felt the amount levied each year would be based on need, but the amount is not his decision to make. He stated the Impact of a $30.000 levy amounts to 29 cents per capita. A $65,000 house would be assessed 53 cents; a $125.000 house would be assessed $1.60. Councilmember Orttel felt that with this program of on-going maintenance, it would save In the costs of major capital improvement projects over the years. ReguJar City Council Meetl ng Minutes - November 20, 1990 Page 6 (Coon Creek Watershed Draft Letter, Continued) Bob Boyum. Andover's Representative on the Watershed Board - stated the problem with putting a cap on the amount of accumulation Is that projects will be manufactured to spend it and It will be abused. They are looking at a responsible management of the funds. The Cities have chosen the people to be on the Board to manage the money. WI th a $30.000 maintenance fund, theY wi II be abie to do things expeditiously and economically. It is up to the Advisory Committee to determine it they are using the fund wisely. MOTION by OrtteJ. Seconded by Perry, approvaJ of the letter in support of the special legislation being sought by the Coon Creek Watershed District for a maximum annual levy of $30.000. Motion carried unanimously. JUNKYARD RENEWALS Mr. Carlberg did follow-up inspections and is recommending approval of four of the five yards on the list (November 20, 1990. memo to the Counci I). He is recommending no action be taken on Mom's Auto Salvage at this time because of an incorrect legal descr Iption. He also had a problem defining the ] imi ts of the junkyard, but he believes a fence is being constructed. He did not know If the Fire Marshal had inspected the yards: however. he did Inform owners where there were violations on the fire lanes. Mr. HeidelberGer - stated the legal description they put on the appl icatlon is the one from their property tax statement. They do own the property. stating they are in the process of getting the correct legal description. Regarding fencing, he said he would have been happy to walk around the business with Mr. Carlberg if he had been asked. When he asked if he passed the Inspection. Mr. Carlberg told him he'd get a letter in seven days. Seven days later he got a letter telling him to put up a fence within ten days. Mr. Carlberg did stop by again, when he pointed out his attempt to 'put up a fence. He fenced 150 feet, believing he needs 600 feet more. However, he realized the City is meeting on the fencing requirements, so he decided not to proceed until he knows what the CI ty Counci I wants. Mr. Heidelberger stated he is wi I ling to work with the City. MOTION by Orttel, Seconded by Jacobson. approval of Junkyard Licenses as recommended by Staff for Anoka Auto Wrecking. Best Auto Parts. Wilber Auto Parts and Andover Auto and Truck Parts. Motion carried unanimously. It was agreed that Mom's Auto Salvage and Rite-Away Auto Salave will be pJaced on the December 4 Council Agenda. Counc i I recessed at this time to a Closed Session with the City's Negotiator. Cy Smythe regarding Comparable Worth. 8:58 p.m.; reconvened at 9:31. Regular City Council Meeting Minutes - November 20. 1990 Page 7 SPECIAL USE PERMIT/OIL STORAGE TANK/CITY OF ANDOVER MOTION by Jacobson. Seconded by Orttel. a ResoJutlon granting the Special Use Permit request of the City of Andover for a 550-gal Ion oil storage tank at 1785 Crosstown Boulevard NW: delete Item 1 In the prepared Resolution having to do with placement on a cement pad. (See Resolution R162-90) DISCUSSION: Mr. Carlberg stated Staff is recommending the tank remain open 24 hours a day. They will monitor It: and if there are any problems, they wil I open It only during normal recycling hours. Motion carrIed on a 4-Yes. i-Absent (EI ling) vote. AWARD SALE/$1.550.000 G.O. TEMPORARY BONDS Attorney Hawkins opened the fol lowing bids: Piper. Jaffray & Hopwood, bid price of $1.539,925 for total InteLest cost of $289,075. net Interest rate of 6.2166% Miller Johnson & Keuhn Investor Securities. bid price of $1.540.700 for total Interest cost of $288,300. net Interest rate of 6.20% American National Bank, bid price of $1,541,806 for total interest cost of $287.194, net Interest rate of 6.1762% FBS Investment Services, bid price of $1,543,800 for total interest cost of $280.550, net Interest rate of 6.033% Mr. Hawkins recommended the sale be awarded to the low bidder of FBS Investment Services. MOTION by Orttel, Seconded by Jacobson, introducing a Resolution awarding the sale of $1,550,000 G. O. Temporary Improvement Bonds. Series 1990B as presented, note that the award would go to FBS Investment Services, bid price of $1,543.800 and net Interest rate of 6.033%. (See Resolution R16$-90) Motion carried on a 4-Yes, i-Absent (EI]lng) vote. APPROVE SALE/COMMERCIAL PARK LOT Mr. Carlberg presented the proposal from Gary Mulcahey to purchase Lots 3 and 4 of Block 2 in the Commercial Park to construct a building for M & S Sheetrock. Mr. Hawkins recalled that a purchase agreement was signed for these two lots which was to close by May 1, 1990. That agreement was not closed. he started a cancellation of contract, and the $2,000 earnest money has been fOLfelted. The sale price at that time was $56,000, which was a discounted amount. Mr. Mulcahey had taken an assignment of that purchase agreement after the,cancel lation Regular City Council Meeting Minutes - Novembe~ 20. 1990 Page 8 (Approve Sale/Commercial Park Lot, Continued) had been served. Mr. Mulcahey was aware of the time factor. Because of the costs involved, he would not recommend that Mr. Mulcahey get the credit for the $2,000. The Council must decide whether to take the expenses out of the earnest money or whether to increase the price of the lots to cover those expenses. Mr. Carlberg stated Mr. Mulcahey is aware that he wi I I not get credit for the $2,000. If Counc i I approves this tonight, Mr. Mulcahey has said he will buy it outright. MOTION by Jacobson, Seconded by Perry, that the Andove~ City CounclJ sell Andover Commercial Park Lots Numbers 3 and 4 of Block 2 to Mr. Gary Mu1cahey for the total purchase price of $56.000, and this Is subject to review of Jegal counsel as to terms and conditions of final sale agreement. Motion carried on a 4-Yes, l-Absent (Elling) vote. AUTHORIZE SALE OF EQUIPMENT CERTIFICATES Mr. Koollck reviewed the background and request to authorize the sale of $252,000 In Equipment Certificates. AI I equipment has been bid and ordered with the exception of the Jet Unit. MOTION by Jacobson, Seconded by Perry. that we direct Staff to prepare the documentation or whatever is necessary for $252.000 of Equipment Certificates for 1990; and in that list, list the items that are on this list In front of us so that we know what those items are: any amount spent over $252,000 is to come out of the Public Works 1990 budget. Motion carried on a 4-Yes. l-Absent (Elling) vote. RURAL DENSITY POLICY UPDATE Ms. Bosel1 reviewed the public meetings held by the Metropolitan Community and Development Committee. It was emphasized that if the Committee determines there should be a change In the Metropolitan Development Investment Framework, they would then go to public hea~ings. She stated she took extensIve notes on the polIcies and wi I I provide them to the Council when they are edited. At this time the policy Is not proposed to be changed, that Is not changing to anything less than 1/10, 4/40 in density to preserve prime agricuJtural land. Ms. Bosell stated she poInted out to them that their own documentation shows that Northern Anoka County has no prime agricultural land; that they are taking on jurisdIction that does not belong to them, spectlclally relating to septIc system and we I I testIng; and the FHA financing issue. In talking with the local HUD office tOday, they will not be looking at the Metropolitan Council 1/10, 4/40 density as Regular City Council Meeting Minutes - November 20. 1990 Page 9 <Rural Density Policy Update, Continued) a requirement for financing in the ruraJ area. However. they are ]ooking at other restrictions such as requiring an environmental review done by the Metropolitan Council and that each City submitting plats for FHA financing have a plan consistent with Metropolitan Council policies. Neither one of those are within the jurisdictions of the FHA and HUD, so the entire matter is not yet resolved. Ms. Bose]1 went on to say the general consensus of those speaking at the meetings was to ]eave the jurisdiction with the local unit of government. and don't pull into p]ay other requlrement5 and jurisdictions that don't belong to the Metropolitan Council. However. they are not looking to change the 1/10, 4/40 policy at this time but may impose some addltlona] rules. Another point brought up is they are mandating policies that have financial imp]lcations but are not providing the dollars for them. She fe]t the City needs to continue fol lowing this issue, stating she wi]] continue to monitor It. She also suggested continuing to contact State and Federal eJected officials to inform them of what is happening with regard to this policy. At this time it doesn't give the Comprehensive Plan Task Force any direction. as the soonest the MDIF Plan wou]d be amended is 1991. No action was taken by the Council. LICENSE RENEWALS MOTION by Orttel, Seconded by Perry, that the Council approve a Cigarette and Intoxicating Off-Sale Liquor license to G-WIII Liquors: Non-Intoxicating On-SaJe Liquor license to Woodland Creek Golf Course: Cigarette and Intoxicating Off-Sa]e Liquor license to J J'5 Liquor: Cigarette licenses to Festival Foods, Bro-Midwest Vending: and Cigarette and Non-Intoxciatlng Off-sale Liquor licenses to Tom Thumb Store #355. Bill's Superette, Andover Superamerlca, and Brooks Food Market #54. Motion carried on a 3-Yes. i-No (Jacobson is amazed that these licenses are still issued that permits and legalizes cigarettes and liquor which are two of the country's largest health-related problems.), l-Absent (EJJing) vote. PUBLIC WORKS/FIRE DEPARTMENT EXCESS FUNDS/PIR BUDGET Bob Peach, Firefighter, requested the Council consider some of the approxlmateJy $120,000 In funds overcollected from the first public safety bond to be spent on the Fire Department. The first item is to move the NE Station from Its present location to what Is now called the Co]d Storage Building. The modification of the building is estimated to cost $50.000. The Fire Chief, Mr. Stone and severa] others met to determine the best method of adjusting to the move to the Main Fire Station. It was determined that splitting the existing ReguJar CI ty Counci I ~¡eetlng Minutes - November 20. 1990 Page 10 (Public Works/Fire Department Excess Funds/PIR Budget. Continued) fire station space between the Fire Department and PubJlc Works creates a number of problems including a zig-zag walJ to create the needed number of bays for each department, access, dirt and contamination, shared space, heating and draining. At this time they are asking that the funds be set aside for the remodeling of the Cold Storage Building, which wouldn't need to be done until next spring. In further discussion with the Council. Mr. Peach pointed out that the net cost is considerably less than $50,000 because a wal I would not have to be built at the present fire station and Mr. Stone had intended to make improvements to the Cold Storage Building In the form of tlooring and heating. Mr. Stone also stated he felt it is time to Separate the two departments. Because the item came up so fast, they really haven't had time to look into detailed costs. They understand the PIR Fund budget Is going to be approved and they are looking to have the funds budgeted. Mr. Peach pointed out another need for the funds is to repair their primary pumper. #4881 for an estimated cost of $40.000. Mr. Stone also asked to repair the outside waJ Is of the Public Works/Fire Department buiJding. He has received a quote for $17.000. asking that this aJso be budgeted from the PIR fund. Because none of the items w I I I be done before next spring and Mr. Koolick stated the Council does not have to approve the PIR budget at this time, Counc I 1 agreed to table the item until some time before Spring. 1991. APPROVE RESOLUTION EXPENDING PIR FUNDS MOTION by Jacobson, Seconded by Perry. authorizing the expenditure of $5.150 from the Permanent Improvement Rev01ving Fund to complete the upgrading of the City's underground fuel storage tanks, Reso I uti on labeled R164-90. Motion carried on a 4-Yes. l-Absent CEl1ing) vote. AUTHORIZE PURCHASE/PORTABLE PIPELINE INSPECTION SYSTEM !1r. Stone reviewed the bids presented in the Agenda material. MOTION by Jacobson. Seconded by Perry, that the Ci ty Counci J award the bid to Aries Industries. Inc. . for a black and white mini-camera and video tape recorder for monitoring and televising sanitary sewer Jines and service lines. In the amount of $11,193: and we a1so recognize the bid from Buchen S.I.S., Inc. . for $12,492: and note that this is a budgeted item In the 1990 budget. Motion carried on a 4-Yes, i-Absent CEiling) vote. Regular City Council Meet! ng Minutes - November 20. 1990 Page 11 AWARD BIDS/FIRE TRUCKS Firefighter Bob Peach reviewed the bids received for the acquisition of six fire trucks as proposed in the Fire Department bond issue. After reviewing al I proposals. the Fire Department Committee is recommending a1] trucks be awarded to the low bidder of Cleary Safety Equipment. Inc. It may save several hundred do]lars to award the trucks to four or fIve different companies. but there Is a big advantage in the long run of awarding it to one bidder In that there Is uniformity in the trucks. ease of maIntenance. having the same supplier for a]1 trucks. and continuity of beIng able to identl fy things on the trucks. Councilmember Jacobson asked if there were any exceptions In the bid specs. Mr. Peach stated all of them had exceptions. They evaluated all bids and found most exceptions were not serious. If the City is wll]ing to pre-pay the chassIs, there wi J I be a substantial savings in cost. Mr. Koollck had some reservations about pre-paying items, as It needs to be cJearly determined whose chassis Is it at that point and who is legally obligated to replace i t if there is a loss. Attorney Hawkins was more concerned about possible bankruptcy of the company after the City has pre-paid. Paul Teeuwen. RepresentatIve of Cleary Safety Equipment. Inc. . Rochester. MN - stated the chassis pre-pay would be done when It arrives at the apparatus buiJder's plant and is a reduction In the interest. The manufacturer also carries liability and product Insurance, even though the City owns the chassis, to replace the unit at their cost. The Insurance covers until the unit is delivered under its own power. even If driven by an Andover Firefighter, and accepted by the City. Mr. Peach also noted the company must put up a 100 percent performance bond on the trucks before starting construction. Councilmember Orttel wanted to make sure the insurance has a provision of direct primary garage keepers legal labII ity. DiscussIon was then on the timIng of the pre-payments with the Issuance of the bond. Mr. KooJlck noted it Is norma] practice for the City to carry such expenses prior to the Issuance of the bond. Councilmember Jacobson asked about the budgeting of the entire $2.5 mi I J Ion bond. Mr. Peach stated the cost of the trucks is about $65.000 over what was originally estimated; however, there I s a buffer. They are aware that the bond amount cannot be exceeded. Mr. Teeuwen - explained the contract for Trucks 1 and 2 will be made between the City of Andover and Pierce Fire Equipment. The remaining contracts wi I I be made with Cleary Safety Equipment, who Is the dealer rep for Alexis Fire Equipment and Badger Northland. He also noted there Is a one-year warranty on all trucks plus the tlve-year 100 percent parts and labor manutacturer's warranty on both the engine and transmission. Regular City Council Meeting Minutes - November 20, 1990 Page 12 (Award Bids/Fire Trucks. Continued) Mr. Peach stated the request for bids was advertised plus he personally contacted eight to ten companies. Not all companies returned bids. Seagrave returned a no-bid. Councilmember Orttel asked if the Department Is sure this Is the exact type of equipment they want. Mr. Peach stated they have looked at it very carefully. and they be]ieve this complies with the Aldrich report very closely. He also noted the request for addi tlonal sound-proofing for Trucks 1 and 2. MOTION by Jacobson, Seconded by Perry. that the City Council accept the bid by CJea~¡y Safety EquIpment, Inc. , to~ T~ucks No. 1 , 2, 3, 4. 5, and 6 as specified In the bid specifications with the showing of a discount for the tota J purchase of $7,500 for a tota] price of all six trucks of $763,079: and subject to review by legal counsel as to condition and legality and legal check on adequacy of Insu~ance to fu I) y protect the City during the fabrication of the units: include the Add-on of sound-proofing package for Trucks 1 and 2 for total bid price of $766,787. Motion carried on a 4-Yes, l-Absent CEiling) vote. NON-DISCUSSION ITEMS MOTION by Orttel, Seconded by Perry, approving Agenda Items 18. 19. 20, 21, and 22 as presented. (See the following: R165-90 - Accept Feasibility Report/Metropolitan Mosquito Control Building, IP 90-25 R166-90 - Receive Petitlon/Clemmens Corner/IP90-23 R167-90 - Release Escrow/Benolkin R168-90 - Final Payment/PIlot WeIJ/IP 88-35 Accept Easements/IP 88-9/TuJlp Street from Paul and Joanne Houle) Motion carried on a 4-Yes. i-Absent CEiling) vote. RECEIVE OCTOBER FINANCIAL STATEMENTS Counc i I discussed the financial statements for the General. Water and Sewer Funds for the ten months ended Octobe~ 31. 1990. Mr. Koollck noted the reason for the variances in the water and sewer budgets is because the billing for January 1 wi II be recorded in this budget even though the funds are received in 1991, some of the capital Items have not yet been pu~chased. plus there are funds for emergency breakdowns. Counc II asked for a one-page summary outlining reasons for some of the larger variances between budgeted and actual Items. The Counc i I gene~al¡y ¡Iked the summary format. Mr. Kool ick stated they wi I I receive the November summary at the next meeting. No action was taken. Regu]ar City Council MeetIng Minutes - November 20, 1990 Page 13 DECLARE NOVEMBER EPILEPSY MONTH/RESOLUTION MOTION by Orttel, Seconded by Perry, introducing the Resolution proclaiming November to be EpiJepsy Month in the City of Andover. (See Resolution R169-90) Motion carried on a 4-Yes. l-Absent (EJJing) vote. APPROVAL OF CLAIMS MOTION by Perry, Seconded by Jacobson, approve the Schedule of BIlls for 11-16-90 In the amount of $1,702,204.10. Motion carried unanimouslY. BOB DILLON DISCUSSION Mr. Dil Ion stated he presented copies of various items, asking that the Council address them and his lIst of questions, including whether Robert's RuJes of Order are to be used in conducting City business. Councilmember Jacobson stated many of these items were reviewed previously and the procedure was to go back to the Fire Department. It appeared to him that when Mr. Dillon was suspended, there was a vote by the membership on the same day. He took that to mean the membership's approval of what took place. In discussing Mr. DII lon's first question. the CouncIl agreed the meetings of the Fire Department are to be operated under Robert's Rules of Order. Mr. Dillon then asked to be shown where the Fire Chief was authorized to have that committee make all policy decisIons. Council stated the Fire Chief cJearly has the authority to appoint committees. but nothing becomes officla] poJicy until approved by the Counci] . Attorney Hawkins stated he did not see any of the material provided by Mr. DIJlon, but recalled his letter of several months ago stated the Chief could give the commIttee authority to make policy if the membership authorizes him to do so. Councilmember Orttel asked if Mr. DII Ion is saying the Chief appointed a committee to do those things but never had the approval of the membership. Mr. Dil]on stated yes. Council then thought the question is whether the ChIef had the authority to determine whether the committee has the sole authority on policy matters. Mr. DIJlon thought the committee should propose a motion to the membership before it becomes policy according to Robert's Rules of Order. He felt the problem Is that wasn't done, referencing a January 30, 1990, letter from Chief Smith. He felt there Is a direct conflict in that letter. asking the Council to resolve that for him. Regular City Council Meeting Minutes - November 20, 1990 Page 14 (Bob Dillon Discussion, Continued) Councilmember Jacobson didn't see In the minutes that he brought up that question at a Fire Department meeting. Mr. DII Ion stated he did a lot of things that didn't show up in the minutes. He has called for votes on issues, alleging It did not get recorded as motions. He claimed that has been his big problem that he maintains that he has a right to vote on these Issues and he Is being denied that right. Councllmember Jacobson asked If he made motions at meetings that were not seconded. Mr. DII J on thought that was not the point, that his questions here are not being answered. Mr. Dillon asked if the authorization for the Chief Is not In the minutes, is his suspension legal. The suspension was for violating the gag order. and a gag order Is not legal under Robert's Rules of Order. He contended the suspension was for coming to the Council wi th a minority report. Counc II said the committee did not suspend Mr. Dillon, that one has nothing to do with the other. Counci Imember Jacobson again noted the suspension was brought to the full Fire Department the same day it was posted on the board. and the membership upheld the action. Councllmember Orttel didn't think a minority report was given to the Counc i I by Mr. Di lion. that he only raised several issues relating to Robert's Rules of Order. He also didn't recal I Mr. Dillon defaming anyone at the Counc I I meeting. Councllmember Knight felt the word "defame" is incorrectly used In the materials. Councilmember Perry said in each correspondence Mr. Di lion is Invited to go to the committee with his Ideas. asking If he went to them. Mr. Dil Ion said he gave several suggestions, but asked why he Is a second-class citizen. He was forbidden to go to the Council as a resident, aSking If that references his freedom of speech. A lengthy discussion continued with several of the points reviewed again. Councilmember Perry noted that each time this has come before the Counc I ] it has been a one-sided discussion. which she is not comfortable with. She suggested putting the item on the Agenda to hear both sides of the Issue. Mr. DII Ion objected to that on the basis that the CounciJ establishes policy. He is aSking for the policy as to whether the Fire Department and Its committee operate under Robert's Rules of Order. wanting it applied and shown in the minutes. He felt the Counc II had all the Information It needed. Attorney Hawkins stated It has been clearly stated many times that Robert's Rules of Order applies to the meetings of the Fire Department per the Department's By-Laws. Mr. Dillon asked the Attorney to underJine and initial that opinion In his letter. Discussion returned to what has taken place, with Acting Mayor KnIght stating an argument can be made as to whether or not Mr. D i I I on was Insubordinate. Mr. Dil Ion stated he Issued an apo]ogy for his behavior. He didn't feel Regular City Council Meetl ng Minutes - November 20. 1990 Page 15 (Bob Dillon Discussion. Continued) that Is an issue, stating his main Issue is Robert's Ru1es of Order -- wi J] they have committees, wiJI the committees report to the membership, will what the membership vote in the minutes be reported to the Counc II in every level of government. Counc II suggested he go to the Fire Department to find out why he is being punished. Mr. DiJlon stated It Is the Counci I that handl es suspensions. Counc II thought that Is only when termination is involved. Attorney Hawkins again said Robert's Rules of Order govern the general procedures of the Fire Department, but there are other specific provisions found in the By-Laws that deal wi th the governing ot the Fire Department, whIch he teels supercede the genera] provisions. Before continuing further, Councilmember Perry wanted research done as to whether a precedent has been set by the Building Committee established for the bond issue which failed several years ago. Jack McKelvey - has talked to firefighters about this. He agreed wi th Councilmember Perry that the only way to get this totaJJy settled is to get both sides together to discuss it because more went on than what Is being said here. MOTION by Jacobson. Seconded by Perry, that we request on the first Counc i 1 meeting In December that we have Mr. Dillon and the Fire Chief here at 10 p.m. to discuss this issue and we I imi t the discussion to 1/2 hour on the matter. Motion carried unanimously. Councllmember Perry stated before she was appointed to the Council her husband was appointed as a citizen representative to the Lower Rum River Water Management Organization. Attorney Hawkins stated there Is no conflict with her being on the Council and her husband's appointment to the LRRWMO. MOTION by Orttel to adjourn. Acting Mayor Knight declared the meeting adjourned at 11: 25 p.m. Respectfully submitted, ~~ClC~~ Marce la A. Peach Recording Secretary