Loading...
HomeMy WebLinkAboutCC March 2, 1992 CA. , CITY of ANDOVER Regular City Council Meeting - March 2, 1992 7:30 P.M. Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items I. Ed Lutz Sketch plan 2. Rezoning/variance - Donna Green 3. Variance - T. Johnson/172xx Tulip Street NW HRA Meeting 4 . ACCAP Proposal 5. Award Bid/Lindgren Property Closed Meeting With Attorney Staff, Committee, Commissions 6. Schedule Hearing/Kelsey-Round Lake Park 7. Schedule Hearing/Trunk Sewer Extension 8. Fire Department 9. Andover Express Delivery Non-Discussion Items 10. probationary Increase/Public Works Employee II. Salary Adjustments/public Works Supervisors 12. Approve Gambling Permit/Andover Alano Society 13. Accept Petition/92-4;Winslow Hills 2nd Addn. 14. Appoint Election Judges/presidential primary 15. Acknowledge Policy/Bad Check Fees 16. Receive January Financial Statements Mayor/Council Input Approval of Claims Adjournment -- - - -- -- --- - -- - REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 2, 1992 TABLE OF CONTENTS RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · · 1 AGENDA APPROVAL · · · · · · · · · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 REZONING/VARIANCE - DONNA GREEN · · · · · · · · · · · · · · · · · 2 ResolutIon R025-92 approvIng request · · · · · · · · · · · · · 3 VARIANCE - T. JOHNSON/1722XX TULIP STREET (Refer to P & Z) · · · · 3 METROPOLITAN COUNCIL/COMPREHENSIVE PLAN AMENDMENTS . · · · · · · · 4 MEETING DATE WITH RESIDENTS/GRACE LUTHERAN CHURCH ACCESS . · · · · 5 SCHEDULE HEARING/KELSEY-ROUND LAKE PARK AND TRUNK SEWER EXTENSION (Thursday, March 19. 1992) · · · · · · · · · · · · · 6 FIRE DEPARTMENT · · · · · · · · · · · · · · · · · · · · · · · · · 6 ANDOVER EXPRESS DELIVERY . · · · · · · · · · · · · · · · · · · · · 10 NON-DISCUSSION ITEMS ProbatIonary Increase/PublIc Works Employee. · · · · · · · · · 10 Salary Adjustments/PublIc Works SupervIsors. · · · · · · · · · 10 ResolutIon R026-92 - Accept Petitlon/92-4/Wlnslow HIlls 2nd. · 10 ResolutIon R027-92 - AppoInt ElectIon Judges/PrImary · · · · · 10 Receive January FInancIal Statements · · · · · · · · · · · · · 10 APPROVE GAMBLING PERMIT/ANDOVER ALANO SOCIETY · · · · · · · · · · 10 ACKNOWLEDGE POLICY/BAD CHECK FEES · · · · · · · · · · · · · · · · 10 APPROVAL OF CLAIMS . · · · · · · · · · · · · · · · · · · · · · · · 11 ADJOURNMENT . . · · · · · · · · · · · · · · · · · · · · · · · · · 1 1 -- -_.-- .-- . - ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 2, 1992 MINUTES The Regular BI-Monthly MeetIng of the Andover CIty CouncIl was called to order by Mayor Ken Orttel on March 2, 1992, 7:30 p.m., at the Andover CIty HaJJ, 1685 Crosstown Boulevard NW, Andover, MInnesota. Councllmembers present: Jacobson, McKelvey, SmIth CouncIlmember absent: Perry Also present: City Attorney, WIlliam G. Hawkins City Planner, DavId Carlberg CIty FInance DIrector, Howard KoolIck City AdminIstrator/Engineer, James Schrantz Others RESIDENT FORUM Jerrv WIndschItl. 3640 152nd Lane - asked the CouncIl to reconsIder hIs request to submIt a Minor Amendment to the ComprehensIve Plan for approval to extend sanitary sewer to hIs property for development. Because the 90-day revIew perIod has not yet started for the CIty's maIn ComprehensIve Plan, tIme Is becomIng a crItIcal factor. WI thout a MInor Amendment, the construction season Is vIrtually lost. The bIggest advantage of the MInor Amendment Is It has only a 60-day revIew perIod. Mayor Orttel stated he has met wIth the CIty's MetropolItan CouncIl representatIve, statIng the Item wIll be added to the Agenda. Dale Strassburc. 3422 136th Lane - stated the resIdents found out about the proposed street between Bunker Lake Boulevard and 136th Lane. Most of the neIghbors In Chapman's AddItIon are opposed to It because I twill create addItIonal unnecessary traffIc and a safety concern for the chlJdren In the area. They also thInk motorIsts wIll cut through theIr neIghborhood to avoid the stop 11ght congestIon on Round Lake Boulevard. In the past the City CouncIl has always gIven a hIgh prIorIty to keepIng unnecessary traffIc from the neIghborhood. He also noted a petItIon to the Council sIgned by 48 households opposIng the constructIon of that street. Mayor OrtteJ stated there are no plans to construct that street at thIs tIme. The Counc I 1 Is aware of the feelIngs of the neIghborhood. The problem Is provIding an access to Grace Lutheran Church because they wI 1 I be cut off wIth the Improvement of Bunker Lake Boulevard. The AssIstant CIty EngIneer Is lookIng Into several optIons to provIde prIvate access wIthout havIng to construct the connecting street. He assured the resIdents that before any decIsIon Is made on a connectIng street, the resIdents wIll be notIfIed In wrItIng of a hearIng. ---~ ..-- -- Regular CIty CouncIl Meeting MInutes - March 2, 1992 Page 2 (ResIdent Fo~um, ContInued) Bob Starr. 138th Avenue. Red Oaks Manor - explaIned the problem they are havIng In the nelghbo~hood wIth st~ay cats. They a~e concerned wIth the number of cats multIplyIng. They have not been able to captu~e them nor locate theIr source of food. They are conce~ned wIth rabIes and the other undesl~abIe aspects of stray cats. They are lookIng to the CIty CouncIl to provIde other alternatIves. Mayor Orttel stated he has dIscussed thIs problem wIth the CIty Cle~k. SInce the CIty sponso~ed the Anoka Humane SocIety when they buIlt theIr facIlItIes, he suggested the CIty ask them If they would be wIllIng to help wIth thIs problem. He suggested the neIghbors keep In touch wIth the CIty Cle~k. She 1 la Freeman. 13761 QuInn Street NW - requested some way to slow down the traffIc on their st~eet. So far two dogs have been kIlled and numerous maIlboxes knocked ove~. There are no traffIc sIgns anywhe~e, nor speed lImIt sIgns. There Is also a blind intersection at 138th Avenue. Mr. Schrantz dIdn't thInk It was sIgned and ag~eed to look Into the matte~. AGENDA APPROVAL It was agreed to delete Item 1, Ed Lutz Sketch Plan, and to add Items 3a, MetropolItan CouncIl/ComprehensIve Plan Amendments; and 3b, MeetIng Date wIth ResIdents/Grace Lutheran Chu~ch Access. MOTION by Jacobson, Seconded by SmIth, to approve the Agenda as amended. MotIon ca~rled on a 4-Yes, I-Absent <Perry) vote. APPROVAL OF MINUTES Feb~ua~y 18. 1992. Regula~ MeetIng - Co~~ect as w~ltten. February 18, 1992. HRA MeetIng - Correct as wrItten. MOTION by Jacobson, Seconded by SmIth. approval of both of the MeetIng MInutes as wrItten. MotIon carrIed on a 4-Yes. I-Absent (Perry) Vote. REZONING/VARIANCE - DONNA GREEN Mr. Carlbe~g revIewed the ~equest of Donna G~een to rezone p~ope~ty at the northwestern corne~ of Bunker Lake Boulevard and Crosstown D~lve from R-4 to NB, NeIghborhood BusIness. The reason fo~ the rezonIng ~equest Is that the parcel Is not att~actlve for sIngle famIly housing, and an NB zone would make It mo~e marketable. If the rezonIng Is allowed, two varIances wIll be needed, one for lot wIdth at the f~ont setback off Crosstown DrIve, and one for the lot sIze requIrement. The PlannIng and ZonIng CommIssIon recommended app~oval. . - - Regular CIty CouncIl Meeting MInutes - March 2, 1992 Page 3 (RezonIng/VarIance - Donna Green, ContInued) Mr. Carlberg stated concern about the traffIc was expressed at the publIc hearIng. That wI II be addressed when a sIte plan Is submItted. If there Is an access on Bunker Lake Boulevard. It would only be a rIght In. rIght out. The upgradIng of that road cal Is for a medIan In front of thIs parcel to the IntersectIon. Councllmember Jacobson questIoned If It Is reasonable to rezone a property Just to make It more marketable. WIth all the other retaIl establIshments In close proximIty along Bunker Lake Boulevard and others proposed on Crosstown Boulevard and Hanson Boulevard, he questIoned how many more lIttle NB areas are really needed. He recalled at the tIme the Green property was subdIvided Into residen- tial housIng that thIs outlot was not Intended to be commercIal. Mr. Carlberg argued a NB zonIng would be compatIble wIth the entIre area, that resIdentIal use Is not the hIghest and best use of the property, and that It Is In the CIty's best Interest to see the property fullY developed. Even though the submItted ComprehensIve Plan doesn't show It as NB, he felt It should defInItely be commercIal. Councllmember McKelvey also noted that It Is not desIrable as resIdentIal wIth the drapery business next door to the west. the shop operatIng to the north and the NB busInesses to the east. He too felt the property probably would not develop unless It Is for commercIal. Mayor art te I noted that It Is unIque In that the locatIon of the surroundIng houses Is such that they would not be Impacted In any way by a commercIal buIldIng on thIs lot. The upgradIng of Bunker Lake Boulevard wIll also Impact thIs lot and make It less desIrable for resIdentIal development. Though Councllmember SmIth agreed It Is not desIrable to have a gas statIon and store on every corner, he felt the hIghest and best use of thIs lot Is not residentIal. MOTION by Sml th, Seconded by McKelvey. the ResolutIon grantIng the rezonIng/varIance request of Donna Green to rezone the property from R-4, SIngle FamIly Urban to NB, NeIghborhood BusIness, as wrItten. (See ResolutIon R025-92) VOTE: 3-Yes, I-No (Jacobson) Because a rezonIng requires a 4/5 vote, Councllmember Jacobson then changed hIs vote to a Yes. FINAL VOTE: Carried on a 4-Yes, I-Absent <Perry) vote. Councllmember Jacobson understood the hardshIp Involved wIth the parcel but objected to havIng so many NB zones In a concentrated area. He felt that Is more than what the CIty needs to adequately serve the people. VARIANCE - T. JOHNSON/172XX TULIP STREET NW Mr. Carlberg revIewed the varIance request regardIng lot wIdth at the front setback lIne. The shape of the lot prevents the owners from meetIng the 300-foot frontage. The PlannIng CommissIon recommended approval of the request. -~ Regular CIty CouncIl Meeting MInutes - March 2, 1992 Page 4 (VarIance - T. Johnson/172xx TulIp street, ContInued) Counc I I noted the request Is a major change In the polIcy whIch needs to be consIdered carefully. If thIs one Is approved, there wI I I be others requestIng the same thIng; and they questIoned If the CIty wants development off of very long drIveways. Other cItIes do It; however. there are the problems of maIntaInIng long drIveways and the access for emergency vehIcles. Councllmember SmIth commented he has seen thIs In other cItIes and It ends up beIng a dIsaster. It was thought there were other optIons, such as brIngIng Poppy Street down and subdIvIdIng the property at an angle from Poppy Street (northeast to southwest across the parcel). Thomas Johnson - stated there would only be one buIldable parcel If It Is spIlt at an angle because of the low area. MOTION by McKelvey, Seconded by SmIth, to send thIs back to the PlannIng CommIssIon to work wIth the EngIneer for subdIvIsIon of the property to elImInate the long drIveway. DISCUSSION: After some dIscussIon, the Counc I I felt the PlannIng CommIssIon should gIve further consIderatIon to the ImplIcatIons of thIs major change to the CIty's polley, but that the varIance request should be eIther acted upon or tabled untIl the P & Z makes theIr recommendatIon. Counc I I also felt It Is not the Staff's responsIbIlIty to recommend subdIvIsIon optIons for the property owners. Mr. Johnson - verbally asked that the varIance request be tabled. Counc I I suggested he make the request In wrItIng tonIght. Councllmembers SmIth and McKelvey WITHDREW the Second and the MotIon. No actIon was taken pendIng further comment and recommendatIon from the PlannIng CommIssIon. The Counc I I recessed to hold an HRA meetIng, 8:25 p.m.; reconvened at 8:30 p.m. METROPOLITAN COUNCIL/COMPREHENSIVE PLAN AMENDMENTS Mayor Orttel reported he met wIth Ken Kunzman. the CIty's MetropolItan Counc I 1 representatIve. Mr. Kunzman stated under the cIrcumstances where the CIty's Plan Is beIng held up through no fault of the CIty, It Is perfectly acceptable to submIt MInor Amendments. He wI II even help the CIty through the process If needed. The 90-day revIew perIod has not even started for the Plan; and past experIence Is that It can take as long as two years to get the plan approved. Even If the 90-day period Is adhered to, this construction season will be lost for most developers. Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 5 (MetropolItan CouncIl/ComprehensIve Plan Amendments, ContInued) Mr. Carlberg stated Staff and TKDA are meetIng wIth Met CouncIl Staff thIs Wednesday to submIt the TransportatIon Chapter. More may be known then as to the status of the Plan and what tIme perIod to expect. He also noted by Met CouncIl defInItIon, a MInor Amendment Is for anythIng under 40 acres. Councllmember Jacobson stIlI had some concerns about submIttIng 31 acres as a MInor Amendment and that It may not be good plannIng to submIt a number of MInor Amendments whIle the maIn Plan Is beIng revIewed. The Mayor argued the Met CouncIl allows them, that the areas In questIon are Included In the CIty's proposed Comprehensive Plan and thIs allows development In a tImely manner, and that It would be done at no expense to the CIty since the developers wI 1 I be payIng for all costs assocIated wIth submitting a MInor Amendment. He acknowledged that If a MInor Amendment Is submItted for Mr. Wlndschllt, I twIll open It up to anybody who wants to pay for It. Jerrv WIndschltl - stated the sewer lIne Is half way through hIs property and no trunk lIne wI I I be extended. There will not be many other parcels that are In a slmIllar posItIon where trunk Is at the end of theIr property. He stated there Is no realIstIc hope that the normal process wI II allow for more constructIon thIs season. He Is wIllIng to pay all costs assocIated wIth thIs, so there wIll be no burden on the CIty. After further dIscussIon, the Counc II agreed to submIt MInor Amendments to the ComprehensIve Plan If the developer makes a request to the Counc I I , If the area Is Included In the proposed 1991-1995 sewer dIstrIct and If the developer pays all costs assocIated wIth submittIng the Amendment. MOTION by Jacobson, Seconded by McKelvey, that the City CouncIl send to the MetropolItan CouncIl a MInor Amendment to the ComprehensIve Plan, whIch Is currently before the MetropolItan CouncIl Staff , to Include the approxImately 31 acres of the proposed Weybrldge AddItIon (Insert legal) mInus 13 lots whIch have already receIved MInor Amendment Plan approval. Costs for thIs Includes Staff tIme and preparatIon and materIal to be totally borne by the developer, and the CIty should bear no costs for thIs MInor Amendment. MotIon carrIed on a 4-Yes, I-Absent (Perry) vote. MEETING DATE WITH RESIDENTS/GRACE LUTHERAN CHURCH ACCESS Mayor Orttel explaIned the AssIstant CIty EngIneer Is tryIng to fInd a prIvate access to Grace Lutheran Church so a crossthrough street from Bunker Lake Blvd. to 136th Is not necessary. In the event that some- thing cannot be wOrked out In a prIvate agreement, the City wIll be forced to look at some type of servIce road or crossthrough street, as It has an oblIgatIon to help the traffIc flow to the Church property. . Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 6 (MeetIng Date wIth ResIdents/Grace Lutheran Church Access, ContInued) Because the county Is movIng ahead wIth the road Improvement projects, the Mayor suggested the CouncIl set a date to meet wIth the resIdents should a servIce road be needed. Unresolved questIons are how to pay fOr a servIce road and for some of the other expenses Involved In the county's project. Mr. Schrantz stated the Staff wIll have all estImated costs for the project for the next CouncIl meetIng. Pastor Steve McKInley. Grace Lutheran Church - stated they need access; however, no one In the Church has been notIfIed about negotIatIng a solutIon. Mayor Orttel explaIned that to date the Staff has met wIth owners of the MedIcal BuIldIng and the county. CouncIl agreed to hear the InformatIon on costs and solutIons to the access problem for the church at the Regular MeetIng of March 17, 1992. The Regular MeetIng was recessed at 8:50 p.m., to meet In closed sessIon wIth the CIty Attorney regarding the WlndschltJ Ilgltatlon. MeetIng reconvened at 9:22 p.m. SCHEDULE HEARING/KELSEY-ROUND LAKE PARK AND TRUNK SEWER EXTENSION CouncIl agreed to meet wIth the Park and RecreatIon CommIssIon on theIr meetIng nIght for the hearIng on the addItIonal parkIng requIrements for Kelsey-Round Lake Park. Afterwards, the CouncIl wIll meet wIth resIdents on possIble sewer extensIon to 161st and NIghtengale. MOTION by Jacobson, Seconded by McKelvey, that March 19, 1992, at 7:30 at the CIty HaIJ, schedule a hearIng date for the dIscussIons of Kelsey-Round Lake addItIonal parkIng requIrements, and that the same date at 8:30 be the scheduled hearIng date for potentIal sewer extensIon In the vIcInIty of 161st Avenue and NIghtIngale, and request Staff to mall approprIate notIces to property owners. MotIon carrIed on a 4-Yes, 1-Absent (Perry) vote. . FIRE DEPARTMENT MOTION by McKelvey, Seconded by SmIth, to recommend that the FIre Department be put under the dIrectIon of the CIty AdmInIstrator. DISCUSSION: Councllmember McKelvey stated thIs would facIlItate the receIvIng of FIre Department MInutes and obtaInIng accountIng InformatIon as needed. MotIon carrIed on a 4-Yes, 1-Absent (Perry) vote. -.- Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 7 (FIre Department, Continued) Fireflohter Bob Peach - read several paragraphs from a prepared statement which had been submItted to the CouncIl clarIfyIng hIs posItIon regarding the Improper actIons wIthIn the FIre Department. WIth no recommendatIon for dIscIplIne for the vIolatIons and because he has not vIolated any rules, he requested the CouncIl rescInd the letter of dIscIplIne he has receIved whIch requIres hIm to go to counselIng and medIation or be suspended. Mr. Peach stated he wIll attend medIatIon wIth ActIng ChIef Mashuga voluntarIly, but not under the threat of suspensIon. MedIatIon has been scheduled for Thursday, March 5; and he Is willIng to go if the letter is rescInded. He asked the Counc I ] what wI I I happen when more vIolatIons occur. He stated that the vIolatIons of policy have not stopped, as In the last two weeks he has been accused of gIving negatIve Information, whIch he dId not do, and an offIcer has been appoInted whIch he does not belIeve meets all the qualIfIcatIons for the posItIon. Mayor Orttel stated the comments wIll be entered Into the fIle and gIven to Mr. Schrantz. He also preferred that Mr. Schrantz work from tomorrow forward, startIng wIth a clean slate. He dIdn't know that any actIon Is expected because no legal hearIng was held and the ChIef has resIgned. He understood the letter Is not what the Safety CommIttee had agreed to but though t It had been changed. Mr. Peach stated nothIng has been changed. He hasn't vIolated any rules that he Is aware of, and It Is not a level playIng fIeld to medIate dIfferences. Actinc ChIef Dale Mashuca - asked to take the letter back to the FIre Department and Its membershIp and let them decIde on all the Issues. Mr. Peach - stated dIdn't see what that would resolve, as most of the FIrefIghters weren't even aware of the problems and are not familIar wIth what happened In the Incidents. The letter was wrItten by Dale Mashuga through the offIcers to hIm. He dIdn't think It would be good for the entIre Department to get Involved. Mayor Orttel tended to agree. notIng at the last meetIng he trIed to get the letter suspended untIl the report came back, but that wasn't successfu I . He was aware that both partIes have agreed to medIatIon. He agaIn felt Mr. Schrantz can look at It tomorrow and make a determInatIon. Mr. Schrantz asked Acting ChIef Mashuga If he had a problem wIthdrawing the letter. then It won't be a problem. Actlnc ChIef Mashuca - stated he wIll put It on hold untIl medIatIon Is over. Mr. Peach - stated he dId not know what that means. Actlno ChIef Mashuca - stated It means that anythIng you (Mr. Peach) have done wIll not be acted upon untIl medIatIon Is over. Mr. Peach - suggested the letter be put In wI th the medIatIon. DIscussIon between the Counc I I . ActIng ChIef Mashuga. and Mr. Peach was on the Issue of the letter. Mr. Peach agaIn stated he would go to medIatIon, but not under the threat of suspensIon. He Is very senstlve about what he Is found guIlty of wIthout a hearIng. There's a lot of InformatIon In the letter that would be better medIated. Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 8 (FIre Department, ContInued) Mayor OrtteJ suggested Mr. Schrantz set up a polIcy on how dIscIpline gets out of the FIre Department and comes to hIm. It would be up to Mr. Schrantz to decIde If he Is the appeals person. He dIdn't thInk It was a major Issue as far as medIatIon. ActInc ChIef Mashuca - stated there Is a pol Icy to handle It wIthIn the FIre Department, but In thIs Instance It got superceded. Mayor Ortte 1 stated If there are thIngs that come up from the past, Mr. Schrantz can direct them to the CouncIl; but hIs responsIbIlItIes wIll begIn from today forward In makIng It one of the CIty Departments. Mr. Schrantz can also decIde what wIll happen wI th the letter to Mr Peach. DIscussIon contInued on the Issue of medIatIon and the letter to Mr. Peach, and how It came about. Councllmember McKelvey stated ActIng ChIef Mashuga has told hIm he would change the letter and send another one, but that has not been done either. ActInc Chief Mashuca - stated he told Councllmember McKelvey that he has done nothIng because the CouncIl held the letter up and It was not to be acted upon. Mr. Schrantz asked who can suspend. Counc I I stated that would remaIn wIth the ChIef. Mr. Schrantz would handle I t when the Issue bolls over. EverythIng would be held wIthIn the Department. The only thIng Mr. Schrantz would prImarily be Involved In Is the ChIef hImself. Mr. Schrantz asked to dIscuss hIs responsIbIlItIes relatIve to the FIre Department. Mayor Orttel agreed that could be done at some future date. Mayor Orttel asked ActIng ChIef Mashuga If It Is necessary for the letter to be out If there Is medIatIon. Actlno ChIef Mashuca - stated he would have changed It If It wouldn't have been for the fact that It was held up by the CouncIl. He wou]d have changed what was In It, but possIbly stIlI have a suspensIon. Mayor Orttel suggested It accomplIshes the same thIng wIthout the suspensIon In the letter. Actlno ChIef Mashuoa - stated he would have to go back to the offIcers. Mayor Orttel stated the wIsh of the Counc I I for medIatIon, and medIatIon Isn't goIng to go well If you can't agree to the letter beforehand. Councllmember SmIth stated If there Is genuIne concern on both your behalves to resolve the Issues wIthIn the FIre Department. all the Issues that prompted thIs Jetter to be written wl]1 come up In medIatIon. So thIs Jetter Is not necessary. The Counc I I Is sayIng the letter has no place. Call It an act of good faIth by Bob to get to medIatIon and start on a new foot; get rId of the letter. Councllmember McKelvey agreed. Actlna Chief Mashuaa - thIs letter was put In place by the officers group and he wllJ take It back to the offIcers. He responded to Mr. Peach's comment that an offIcer was put In place wIthout havIng qual iflcatJons. He stated that Is untrue, as the TraIning CommIttee - Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 9 (FIre Department, ContInued) went through the qualIfIcatIons and gave hIm a lIst of people who were qualIfIed for offIcers. That Is the lIst he used. He also stated that whenever authorIty Is taken away from the FIre Department, they lose, statIng he has no authorIty now. Mayor Orttel dIsagreed he has lost any authorIty, and he felt I twIll work better now that the Department Is under the CIty AdmInIstrator. Actlnc ChIef Mashuca - asked what are hIs hIs responsIbIlItIes now that they are workIng under Mr. Schrantz. Mayor Orttel stated It Is the same as It has always been. It Is just If somethIng lIke thIs comes up agaIn, I t wI I I go to Mr. Schrantz, not to the CouncI I. By In large, the Department wIll be as Independent a body as possIble because It Is a very unIque Department In the CIty. Actlnc ChIef Mashuca - asked that the MInutes for thIs portIon of the meetIng be transcrIbed other than by Marcella Peach. Mayor Ortte 1 felt that can be done, though they would probably be the same, as It has never been a problem. (NOTE TO COUNCIL: I am preparIng the MInutes for thIs portIon of the meetIng as agreed to by CIty AdmInIstrator JIm Schrantz per our phone conversatIon of March 3, 1992, and by the Mayor on 3/11/92. MarcIe Peach) Bob DIllon - expressed dIsappoIntment In the dIrectIon thIs Issue Is goIng. He felt I t Is an InjustIce for eIther the membershIp not to vote on the Issues or when their opInIons are superceded. He felt If the Issue Is taken back to the Department for the membershIp to vote on each Issue as I t comes up, they wI II make IntellIgent decIsIons and all these Issues wIll go away. Mayor Orttel dIdn't dIsagree. MedIatIon came up as a peace offerIng, though he had heard from many that It Is a personalIty dIfference that spawned all thIs, even though there Is some element of fact In them. He dIdn't thInk thIs has anything to do wIth the membershIp. MedIators don't make decIsIons; but hopefullY I t wI I I help In dealIng wIth future problems. Mr. DII Ion - was thoroughly convInced that If the FIre Department voted on these Issues that were raIsed, IntellIgent decIsIons wIll be made. Mayor Orttel stated that can be done, but he wouldn't recommend It. He felt the matter ought to be put to rest, and from now on Mr. Schrantz wIll be In charge IndIrectly and can make guIdelInes. In the future, he had no problem wIth brIngIng the Issues to the Department as they occur. That Is up to the Department. Debate contInued wIth Mr. DIllon as to the functIons of the FIre Department, wIth the CouncIl's posItIon beIng that the polley stIlI Is the vote of the FIrefIghters wIll be the rulIng authorIty In the FIre Department. H _ . - Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 10 ANDOVER EXPRESS DELIVERY Mayor Orttel noted that In the future the Clerk wIll mall copies of the Andover Express to those Andover resIdents requestIng It whose mal I boxes are located In Ham Lake or Oak Grove. NON-DISCUSSION ITEMS MOTION by SmIth, Seconded by Jacobson, to approve the fol lowIng Items: Item 10, ProbatIonary Increase/Public Works Employee Item 11, Salary Adjustments/PublIc Works SupervIsors Item 13, ResolutIon R026-92 - Accept Petltlon/92-4/Wlnslow HIlls 2nd AddItIon Item 14, ResolutIon R027-92 - AppoInt ElectIon Judges/PresIdentIal PrImary Item 16, ReceIve January FInancIal Statements MotIon carrIed on a 4-Yes, I-Absent (Perry) vote. APPROVE GAMLBING PERMIT/ANDOVER ALANO SOCIETY MOTION by McKelvey, Seconded SmIth, approve ApplIcatIon for ExemptIon from Lawful GamblIng License for the Andover Alano Society for fIve events durIng 1992. MotIon carrIed on a 3-Yes (McKelvey, Orttel, SmIth), I-No (Jacobson), 1-Absent (Perry) vote. ACKNOWLEDGE POLICY/BAD CHECK FEES Mr. Koollck gave the background InformatIon regardIng the proposal to adhere to the strIct ImplementatIon of the fee for bad checks because the local bank Is now chargIng for all returned checks. Because of the costs to process the the check, wrIte the letter, and contact the IndIvIdual, they are proposIng at the tIme the check Is returned from the bank that the $20 fee wIll charged. The Counc I I dIscussed varIous optIons to resolvIng the problem, one beIng to put the bank fees onto the next bIll. Attorney HawkIns stated he would have to look up whether a penalty fee on a utIlIty bl II can be assessed, though he tended to thInk It could be If It Is a charge dIrectly related to the servIce. After further dIscussIon It was agreed that a lIne be put on the utilIty bIlls for "Return Check Fee". If a check is returned once, the check fee wIll be $5, which Includes the bank's cost plus CIty Staff costs. If a check Is returned a second tIme, the check fee wIll be $20 because of two bank fees and a letter wrItten by Staff. . - - Regular CIty CouncIl MeetIng MInutes - March 2, 1992 Page 11 (Acknowledge Polley/Bad Check Fees, ContInued) In cases where bad checks are wrItten for other than utIlIty bIllIngs, Attorney HawkIns explaIned the Statute allows the cIty to recover the costs. A letter Is sent to the IndIvIdual. If the check Is not made good, he can prosecute for the amount of the check. If the check clears the second tIme, the CIty holds It for the IndIvIdual untJ 1 he pays the returned check fee. Mr. Koollck stated they wIll then contInue to do what they have done, tellIng the people they need cash or a certIfIed check. Mayor Ortte I stated the leverage for the BuIldIng Department Is to stop constructIon. Mr. Koollck stated he wll I have an amended ResolutIon for Bad Check Fees for CouncIl actIon at the next meetIng. APPROVAL OF CLAIMS MOTION by Jacobson, Seconded by SmIth, approval of Schedule of BIlls In the amount of $45,022.83. MotIon carrIed unanImously. MOTION by SmIth to adjourn. Mayor Orttel declared the meetIng adjourned at 10:12 p.m. Respectfully submItted, ~~~.L Marcella A. Peach RecordIng Secretary --