Loading...
HomeMy WebLinkAboutCC December 6, 1994 I CITY of ANDOVER Regular City Council Meeting - December 6, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/93-30/Bunker Lake Blvd. Frontage Road 2. Variance/Sign setback Requirement/3155 Bunker Lake Blvd. 3. Dave Harris Sketch plan Reports of Staff, Committees, Commissions 4. Adopt Water, Sewer, Central Equipment, PIR, Risk Management Budgets 5. 1995 Cigarette, Liquor License Renewals 6. 1995 Tree Trimmer License Renewals 7. Approve Expenditure/Tree Location/Park Complex #2 8. Appoint Park & Recreation Commission Member 9. Appoint Planning Commission and Tree Commission Members 10. Appoint Council Representative/Anoka County HRA 11. Development Control Non-Discussion/Consent Items 12. Authorization to Hire Public Works Personnel 13. Approval of Fire Chief Advertisement 14. Release Escrows/Timber Meadows 15. Request for Extension/Timber Meadows 2nd Addition 16. Approve Survey Quotes/94-16 17. Reduce Letters of Credit/Hills of Bunker Lake 3rd and 4th 18. Approve Change Order #2/Andover Commercial park/94-13 Mayor-Council Input Payment of Claims Adjournment . . .". _0 _ __ -. .. _.- - . - . --.- - . ,II II. REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 6, 1994 TABLE OF CONTENTS . RESIDENT FORUM . · · · · · · · · · · · · · · · · · · · · · · · · 1 Motion to table the extension on westlund property · · · · · 1 AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · 2 CONSENT AGENDA Authorization to hire Public Works personnel · · · · · · · · 2 Release escrows/Timber Meadows · · · · · · · · · · · · · · · 2 Request for extension/Timber Meadows 2nd Addition · · · · · · 2 Approve survey quotes/IP94-16 (Hy-Land Surveying) · · · · · · 2 Reduce Letters of Credit/Hills of Bunker Lake 3rd and 4th · · 2 Resolution R292-94 approving change order #2/Andover Commercial Park/IP94-13 · · · · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · 2 PUBLIC HEARING: IP93-30/BUNKER LAKE BOULEVARD FRONTAGE ROAD . · · 2 Resolution R293-94 ordering improvement · · · · · · · · · · · 3 VARIANCE/SIGN SETBACK REQUIREMENTS/3155 BUNKER LAKE BOULEVARD . · 3 Resolution R294-94 approving variance request · · · · · · · · 4 DAVE HARRIS SKETCH PLAN . · · · · · · · · · · · · · · · · · · · · 4 WATER, SEWER, CENTRAL EQUIPMENT, PIR, RISK MANAGEMENT BUDGETS · · 5 Resolution R295-94 establishing the 1995 funds · · · · · · · 6 1995 CIGARETTE, LIQUOR LICENSE RENEWALS Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 1995 TREE TRIMMER LICENSE RENEWALS , Motion to approve · · · · · · · · · · · · · · · · · · · · · · 6 EXPENDITURE/TREE LOCATION/PARK COMPLEX #2 Motion to approve $2,185 · · · · · · · · · · · · · · · · · · 6 APPOINT PARK AND RECREATION COMMISSION MEMBER Motion to appoint Al Grabowski · · · · · · · · · · · · · · · 6 APPOINT PLANNING COMMISSION AND TREE COMMISSION MEMBERS Motion to table · · · · · · · · · · · · · · · · · · · · · · · 7 APPOINT COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA Motion to table · · · · · · · · · · · · · · · · · · · · · · · 7 DEVELOPMENT CONTROL . · · · · · · · · · · · · · · · · · · · · · · 7 APPROVAL OF FIRE CHIEF ADVERTISEMENT · · · · · · · · · · · · · · 9 MAYOR/COUNCIL INPUT Fire Department Disciplinary Procedures · · · · · · · · · · · 9 Snowmobile Complaints · · · · · · · · · · · · · · · · · · · · 12 Motion to direct P & z to hold hearings on Snowmobile Ordinance · · · · · · · · · · · · · · · · · · · · · · 12 Truth and Taxation hearing · · · · · · · · · · · · · · · · · 12 APPROVAL OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 12 , ---, [ ~ " ", CITY of ANDOVER 'i .I.. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 REGULAR CITY COUNCIL MEETING - DECEMBER 6, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on December 6, 1994, 7:00 p.m. , at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 0 Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson City Engineer, Scott Erickson Assistant City Engineer, Todd Haas City Planning Director, Dave Carlberg City Finance Director, Daryl Sulander City Administrator, Richard Fursman Others RESIDENT FORUM Charlie Veiman, 13646 Crooked Lake Boulevard - stated a problem has been the lack of communication between the City and the residents. He has noticed public information signs in other cities and felt that a good place to list announcements would be at the corner of Hanson and Bunker Lake Boulevards. He also questioned the legality of making appointments to the Commissions for 1995 at this time because there will be a new Council seated in 1995. Mr. Veiman also thanked the Council for their work this past year, expressing appreciation for all they have done. Virqil Westlund, 14183 Heather - asked for an extension of time to move . the Russian family which has been living in his house. They have been unable to find suitable, affordable housing. Ideally the family would be allowed to remain at his house until September, 1995, at which time they would have a house built. Councilmember Perry recalled the Council had said an extension would be considered upon receipt of a letter from Anoka County Social Services that they were unable to locate other housing. Mr. Carlberg noted the stipulations were spelled out in a letter to Mr. Westlund dated September 20. The City has not received a letter from Anoka County. Mayor McKelvey stated he has received calls from neighbors that the items to be taken care of as a part of the request have not yet been done. He would like time to check into the matter and suggested the item be placed on the December 20 agenda. Mr. Westlund - thought he had complied and asked for more clarification. He does not have to remove the dirt pile for one year from the date of the building permit. He did remove dirt right up to the frost. Mr. Carlberg reviewed the letter and the conditions, specially that a letter is received from Anoka County supporting Mr. Westlund's statements. MOTION by Jacobson, Seconded by Perry, that we allow the matter to remain as it is until the next regularly scheduled Council meeting until such time as we have a report or make a decision on this matter. Motion . carried unanimously. ~~ ~ ~I,-a>hi ( Regular Andover City Council Meeting Minutes - December 6, 1994 Page 2 AGENDA APPROVAL The Council agreed the renewal of Pov's Sports Bar and Grill's intoxicating on-sale liquor license for 1995, Item 5, should not be considered this evening since the 1994 license has not yet been issued. That item will be held to the December 20 meeting. Also, remove Item 13, Approval of Fire Chief Advertisement, from Consent Agenda for discussion purposes. MOTION by Perry, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA The following items were listed on the Consent Agenda: Item 12. Authorization to Hire Public Works Personnel Item 14. Release Escrows/Timber Meadows Item 15. Request for Extension/Timber Meadows 2nd Addition Item 16. Approve Survey Quotes/IP94-16 (Hy-Land Surveying for $2,700 for Tulip Street Improvement Item 17. Reduce Letters of Credit/Hills of Bunker Lake 3rd and 4th Item 18. Approve Change Order #2/Andover Commercial Park/IP94-13 (See Resolution R292-94) Mayor McKelvey asked for a motion to approve the Consent Agenda. MOTION by Jacobson, Seconded by Perry, to so move. Motion carried unanimously. APPROVAL OF MINUTES November 9, 1994, Special Meeting: Correct as written. November 15, 1994, Regular Meeting: Page 6, Discussion on Capital Equipment, "The money that would be left over would be used for refurbishing the fire truck." should state, "The money that would be left over could be used for..." November 15, 1994, EDA Meeting: Correct as written. MOTION by Jacobson, Seconded by Dalien, to approve the November 9 Meeting Hinutes as presented. Motion carried on a 4-Yes, 1-Present (Knight) vote. MOTION by Perry, Seconded by Dalien, to approve both of those Minutes (November 15 Regular and EDA) as amended. Motion carried unanimously. PUBLIC HEARING: IP93-30jBUNKER LAKE BOULEVARD FRONTAGE ROAD 7:20 p.m. Mr. Davidson explained that as a result of the changes to the assessments on Commercial Drive to the south in which assessments to ---- ~ I Regular Andover City council Meeting Minutes - December 6, 1994 Page 3 (Public Hearing: IP93-30/Bunker Lake Blvd. Frontage Road, Continued) Kottke's and R. Streich properties were deleted from that project but were added to this frontage road project, the hearing is being held again. The updated costs are based upon actual construction costs of sewer and water. The sewer has been installed along the east-west portion of the project. Next year the watermain and the street portion will be done along with the construction of the north-south portion of the frontage road system. Mr. Bendtsen, 1716 Bunker Lake Boulevard NW - asked why the water was not put in while the hole was dug for the sewer. He thought it was a waste of time and would be less expensive to do them at once, plus his property was dug up for over a week. Mr. Davidson stated because of time constraints, they were not able to get the water installed this fall. He then went on to show the spread of the revised proposed assessments to the various properties. Mr. Bendtsen - stated the contractors dug the hole, then left for three days leaving him no access to his property. Plus they dug up two feet onto his property and dug up his septic system, tearing out about 40 feet of pipe. The contractor didn't even tell him about the septic system, but tried to bury the pipes. He got angry and took video pictures of it. Also, the contractor was parking the machines on his property, which tore it up. He had given permission to park there on the condition they clean it when they left. The contractor had agreed, but then left without cleaning it. Mr. Davidson stated the property and septic system will be repaired. He stated he would like to be the first one to know if these things happen again. If Mr. Bendtsen cannot get satisfaction from the contractor, he should contact the City, who in turn will contact Mr. Davidson. Mr. Davidson also suggested he meet with Mr. Bendtsen and the contractor on site in the spring to get all issues resolved. In response to a question from the Council, Mr. Davidson stated the Murphy oil site is being served by water from directly across Bunker Lake Boulevard by a line that was jacked under the road. The final plans and specifications for the project will be placed on the December 20 agenda. There being no further public testimony, Mayor McKelvey asked for a motion to close the public hearing. MOTION by Perry, Seconded by Knight, to so move. Motion carried unanimously. 7:35 p.m. MOTION by Dalien, Seconded by Knight, to approve the Resolution as presented ordering the improvement of sanitary sewer, watermain, street and storm drain, Project No. 93-30. (See Resolution R293-94) Motion carried unanimously. VARIANCE/SIGN SETBACK REQUIREMENTS/3155 BUNKER LAKE BOULEVARD Mr. Carlberg reviewed the request of Bruce L. Dynnes to vary from the 10-foot setback requirement in placing signs at 3155 Bunker Lake [ Regular Andover City Council Meeting Minutes - December 6, 1994 Page 4 (Variance/Sign Setback/3155 Bunker Lake Boulevard, Continued) Boulevard. The Planning Commission has recommended approval with the condition that if and when Bunker Lake Boulevard is widened, that the signs would then be brought into compliance with the setback requirements. The variance is for the setback, not the size of the signs. Bruce Dvnnes - stated he agreed to the conditions. MOTION by Knight, Seconded by Perry, the Resolution approving the variance request of Bruce L. Dynnes to Ordinance 8, Section 8.07, as presented. (See Resolution R294-94) Motion carried unanimously. DAVE HARRIS SKETCH PLAN Mr. Haas reviewed the sketch plan proposed by Dave Harris of approximately 27 acres in Section 24. The plat consists of 16 R-l rural single family lots. Staff feels the proposal is the best layout for the parcel because of the wetland and flood plains that exist. Parcel 16, as proposed, will require a variance to front on an MSA road. The Park and Recreation Commission is considering cash in lieu of land for park dedication. Councilmember Jacobson was concerned that the development has only one access/exit at this time. Though two other road extensions are planned, it is not known when or if those adjoining parcels will be developed to provide additional exits. Because of the Council's position not to approve one other plat which had only one exit, he was concerned with being consistent in that position. Secondly, he was concerned that the entrance onto University Avenue does not align with a street entrance of another subdivision in Ham Lake to the east. Finally, Councilmember Jacobson questioned the ability of constructing the road proposed to extend to the north because of the low area on the adjoining property. Whenever there is building in the low areas, there is a concern with building pads and water levels; and the development needs to be carefully watched so there will be no problems in the future. 0 Mr. Haas stated many plats in the City have been approved with only one exit, but the developer was required to provide for future extension of the streets to adjoining properties. That has been provided in this case to both the north and south properties. He explained the developer must try to avoid existing wetlands, and that is how the proposed street layout was determined. The ordinance does allow a 150-foot jog between streets. He didn't think the watershed would allow the crossing of the wetlands to make the street intersections at university Avenue align. Staff is also looking at other things, but it will be very difficult to have Lot 16 front on an interior street. Councilmember Perry agreed with Councilmember Jacobson that all ordinance requirements should be met with no variances required. She thought the Council had been quite careful in the past of not allowing lots to front directly on collector streets. - _0. ..._ __... ¡ Regular Andover City Council Meeting Minutes - December 6, 1994 Page 5 (Dave Harris Sketch Plan, Continued) Dave Harris , Developer - stated this is a very difficult piece of property to develop. They presented three different plans to the Staff. Because of the wetlands, there is no way to get the full density of 30 lots on the 70 acres. They are proposing 16 lots based on the input from Staff. He requested the Council approve the proposal, as there is no other way for the road configuration or to service Lot 16 because of the wetland. Otherwise they would end up with even less lots and the project becomes less desirable to pursue. All ordinance requirements are exceeded for size, building pads, etc. He hoped the Council was not suggesting he wait to develop this property until the property owners to the south pass away so there can be another exit. They have spent a lot of time and effort on this proposal with the recommendations of the Staff, and they feel this is the best plan. Councilmember Jacobson again expressed concern with this development because of the extremely high water table. Mr. Fursman noted the Council has often approved plats with only one exit but where the developer is providing reasonable future access to adjoining properties. Staff feels this is a fairly typical plat as long as future access are being provided. If that is going to be a reason for denial in the future, Staff needs to be aware of the Council's intent. The plat referred to by Councilmember Jacobson had only one entrance/exit and had no future provision for any kind of additional entrances or exits. That is what would make that plat unique from this one. Mayor McKelvey agreed this would be the only way small parcels of land could be developed without having to wait for neighboring parcels to develop. Councilmember Jacobson realized the number of exits is not an ordinance provision, but he cautioned that the Council should be consistent in its position. If this is acceptable, there should be a reason why this can't meet that criteria. No specific council action is needed on sketch plans. ADOPT WATER, SEWER, CENTRAL EQUIPMENT, PIR, RISK MANAGEMENT BUDGETS Mr. Sulander reviewed the proposed 1995 operating budgets for the sewer and water funds which are funded entirely by user charges to the residents connected to the municipal utilities. The budgets are based on proposed rate increases. The Resolution for those rate increases will be before the Council at the December 20 meeting. The budget increases the funding of two additional maintenance personnel for Public Works for sewer and water, which makes up the majority of the increase ' in the City's portion of the expenses. The next largest increase is the user fee that the City forwards to the Metropolitan Council Waste Water Services Division for the treatment and disposal of the waste water through the sewer system. Mr. Sulander also advised the Council that no additional capital or project expenditures for 1995 have been designated for the PIR fund. Any funds coming into the PIR fund will be used to replenish the balance drawn down in 1994. The construction of a new well in 1995 will not come from the operating fund, though the operating expenses will impact the 1996 operating water budget. I Regular Andover City Council Meeting Minutes - December 6, 1994 Page 6 (Adopt Water, Sewer, Central Equipment, PIR, Risk Mgmt. Budgets, Cant.) MOTION by Jacobson, Seconded by Perry, the Resolution establishing the 1995 Water Fund, Sewer Fund, Permanent Improvement Revolving Fund, Central Equipment Fund and risk Management Fund Budgets, as presented. (See Resolution R295-94) Motion carried unanimously. 1995 CIGARETTE, LIQUOR LICENSE RENEWALS MOTION by Knight, Seconded by Perry, to approval of the following license renewals: Cigarette Licenses _ Andover SuperAmerica Brooks' Food Market #54 Festival Foods Johnny B' Quick Merwin Drug Tom Thumb Store #255 Total Mart SuperAmerica Off-Sale Non-Intoxicating Liquor Licenses - Andover SuperAmerica Brooks' Food Market #54 Tom Thumb Store #255 SuperAmerica On-Sale Non-Intoxicating Liquor License - Woodland Creek Golf Course Motion carried on a 4-Yes, I-No (Jacobson) vote. , 1995 TREE TRIMMER LICENSE RENEWALS MOTION by Jacobson, Seconded by Knight, that the Council approve the 1995 Tree Trimmer license renewals for Dehn Tree Company, Crown Tree Service, and Lake States Tree Service subject to their proving proper insurance. Motion carried unanimously. APPROVE EXPENDITURE/TREE LOCATION/PARK COMPLEX #2 MOTION by Perry, Seconded by Knight, to approve the expenditure of $2,185 for the relocation of the trees and the money to come from the Park Dedication fund. Motion carried unanimously. APPOINT PARK AND RECREATION COMMISSION MEMBER Attorney Hawkins advised that because the request is to fill a vacancy on the Commission, this Council would have the authority to make that appointment. , MOTION by Knight, Seconded by Dalien, that we appoint Al Grabowski to serve Daryl DeLarco's unexpired term. Motion carried unanimously. - - -,- ~---- ---..-~ ---_. -~--- ¡ Regular Andover City Council Meeting Minutes - December 6, 1994 Page 7 APPOINT PLANNING COMMISSION AND TREE COMMISSION MEMBERS Because this item was to name new Commissioners, it was agreed to table the item to allow the newly elected Council to make those appointments. MOTION by Knight, Seconded by Jacobson, to table the item. Motion carried unanimously. APPOINT COUNCIL REPRESENTATIVE/ANOKA COUNTY HRA The Council agreed to table this item to allow the newly elected Council to appoint an elected official .on..an advisory committee for the Anoka County Housing and Redevelopment Authority. , MOTION by Knight, Seconded by Jacobson, to table because they require an elected official. Motion carried unanimously. DEVELOPMENT CONTROL Mr. Fursman reported that at a meeting on December 2, the Metropolitan Council Staff indicated the City is in line to receive 1,052 acres for MUSA extension of developable property immediately. He indicated to their Staff that Andover is looking at some ordinance and development contract changes to allow for orderly development and control. At a development rate of 200 acres per year, the MUSA extension would provide development through the year 2000 to 2001. However, the Metropolitan Council will not approve any additional acres to the City or to the school district or county sheriff's station until the septic system issue is resolved. Mr. Fursman was also told that whether or not the City requires pumping of the septic system every two years, they are now requiring that the systems be inspected biennially, which is a different requirement from what the City was told previously. Mr. Erickson then reviewed the proposed draft of changes to the ordinance and development contract: Requiring the developer to show all ' adjacent property at the sketch plan stage to allow for a complete review; Requiring the Andover Review Committee to review proposed preliminary plats for all ordinance requirements before bringing it to the Planning Commission; Requiring preliminary plats submitted after February 1 to have improvements installed the following construction year; Allowing the City Engineer or City Administrator to stop construction of a subdivision if it does not conform with City standards and ordinances; Requiring a non-refundable cash deposit for the first sealcoating; Requiring the developer to provide a full-time registered engineer to oversee the construction; Not issuing building permits until all utilities and the first lift of asphalt is installed; and Requiring cash escrow for street sweeping and erosion control. Mayor MCKelvey was concerned with the February 1 deadline for plats, which could mean no development for next year because the extension of MUSA has not yet been resolved. Is there enough lots to carryover if ~ - - - - ,. -- -- -- - --- - . . ...... ~ - - - - - . ~ Regular Andover City Council Meeting Minutes - December 6, 1994 Page 8 (Development Control, Continued) there is no development for a full year? Mr. Fursman estimated there are close to 500 developable lots for next year, plus there are a number of projects that are half done. The Council may not want to apply the February 1 deadline to 1995 because of the lateness in adopting these provisions into an ordinance and the question with the Met Council. Councilmember Jacobson had a number of comments and proposed changes; but rather than go through them at the meeting, he gave his copy with the changes to Mr. Erickson for his review. He also noted the Road Committee discussed the proposals and did not make a recommendation on the non-refundable cash deposit for sealcoating. Discussion was on the proposal to escrow for street sweeping and erosion control and when that escrow would be released. Staff's position was the developer is ultimately responsible for the subdivision, and any sweeping or cleanup of dirt could be taken care of faster if the developer is called rather than the Building Official. Mayor McKelvey stated the developers have said they do not have a problem with red tagging a construction site if the requirements are not being met. Discussion was also on the enforcement of the Tree Preservation Policy, as the Council expressed frustration of having such a policy in place but seeing so many trees clear cut in the developments constructed this past year. They felt the City needs to get tough in that area. Staff indicated the ordinance provides greater authority to enforce the policy, plus it is being put into the development contract. Mayor McKelvey thought some consideration should be given to allowing the developers to bid their own projects. He noted some of the problems developers have encountered with contractors because the City is required to take the lowest bidder, which may not necessarily be the contractor the developers wishes to work with. Other Councilmember thought that communication may be a problem, that TKDA needs to be contacted as soon as a problem arises. It was suggested no change be made at this time, that one of the duties of the new engineering position would be to coordinate these things. There was no consensus for a change in the bidding policy at this time. Discussion returned to the requirements being imposed upon the City by the Metropolitan Council for on-site septic systems. Because those requirements seem to change frequently, because the City is not being told specifically what information the Met Council wants inspected on the systems, because the Council has been told that inspecting the systems will not be an indication of how it is functioning, because it appears that inspecting the systems is an unnecessary expense to the property owners, and because the City does not have a history of septic system failures and this is not an expense the Council wishes to impose upon the residents, the Council suggested they talk to the Metropolitan Councilmembers themselves to find out if they are aware of what is going on at the Staff level on this issue. Mayor McKelvey agreed to raise that item with the North Metro Mayors' Association and to try to set up a meeting with Met Councilmembers. with that, no further action was taken on the proposed development changes. - - ~ - - ._,- - .-- -.. .-- ..--.-.- -~ ~~ - - I Regular Andover City Council Meeting Minutes - December 6, 1994 Page 9 APPROVAL OF FIRE CHIEF ADVERTISEMENT Mr. Fursman suggested the advertisement for a full-time Fire Chief be authorized provided the position is not cut after Thursday's public hearing on the budget in an effort to reduce the expenditures in the budget. The Personnel Committee discussed the stipulations for desired experience and training levels of the position. Councilmember Jacobson stated the Committee also discussed adding qualifications to the ad; because once it is listed, additional qualifications cannot be added, but they can be reduced. They suggested the Administrator look at the State Fire Marshal and other cities whether a college degree is needed or what training entails to get the best possible candidates. Mayor McKelvey felt the hiring of a fire chief is essential and that it is not 0 one of the things the Council should look at cutting. He felt this position will more than save his own wages and is the best way to solve some of the problems that are again going on within the Fire Department. He agreed to hold the ad until after Thursday's meeting, but felt the advertisement should be let as soon as possible to have someone hired before the end of January when the Fire Department would normally hold elections for fire chief. Mr. Fursman stated he also shared with the Personnel Committee on the procedure for selecting a fire chief. He recommended a five-person review committee consisting of two firefighters selected amongst themselves, Mr. Sulander, Mayor McKelvey, and himself review the applications and interview eight to ten applicants. A final four selection would be brought to the Council for their interview and selection. Mayor McKelvey stated he had suggested at the Personnel Committee that after the resumes are cut to ten for interviewing that three chiefs from other departments be asked to sit in on the interviews. His position did not prevail. Councilmember Jacobson stated he did not agree with the Mayor's suggestion to invite other chiefs because it may inhibit other people from applying who are working in those departments. Councilmember Perry understood the City will already have had input from other chiefs when they are contacted on what , qualifications should be put into the advertisement. Then it is a matter of deciding which candidate will work most comfortably with the Andover personnel, which she felt is appropriate for Andover people to decide. She felt the trend has been to have individuals from within the department who are going to be impacted by this person sit in on the review. The Council then generally agreed with Mr. Fursman's proposal on the procedure for selecting the fire chief. MAYOR/COUNCIL INPUT Fire Department Disciplinary Procedures - Mr. Fursman handed the Council copies of recent suspensions in the Fire Department as required by the ordinance. These suspensions have not been appealed. In addition, the Safety Committee had requested to review a suspension of Firefighter Bob Peach. Subsequently he has informed the Council that according to Ordinance 42B adopted September, 1993, and the By-Laws, the Fire Department suspension process stops at the fire chief and the - --,. -- -- - --" -. .-- ...--- - \ Regular Andover City Council Meeting Minutes - December 6, 1994 Page 10 (Mayor/Council Input, Continued) Council does not have the authority to review any activities that take place in the Department. He asked the Council to reconsider its intent to review that suspension, as it would be in violation of the ordinance and by-laws of the Fire Department. Mr. Fursman also noted that he had the issue of Fire Department disciplinary procedures as an agenda item for the Personnel Committee, but they did not have time to discuss it. He will be recommending some modifications in that procedure in the future that there be an additional review provision beyond the chief. Mr. Fursman stated even he does not have authority to review suspensions, though he did in this case to verify if procedurally the Fire Department handled the minimum requirements outlined in the by-laws for review of suspension. Finding no deviation from the minimum requirements, he did not overturn the suspension because he doesn't have the authority to do so. If a fire fighter is terminated, he has the authority to review it after it has gone through the Grievance Committee and before the entire Department membership. There is a Personnel Policy governing the employees of the City, but the Department's ordinance would supersede the City's written policy. Mayor McKelvey argued the chain of command in the Department still lists the Safety Committee and Council. He also noted the fire chief did not follow the ordinance; as the suspensions reported this evening are from July and November, yet the ordinance requires the Council be notified by the Chief, not the City Administrator, at the first meeting following each suspension. That was not done. He asked where does the man who gets suspended have a chance to get a hearing when neither the chief, Grievance Committee nor membership want to hear him in person. Mr. Fursman stated the standard operating procedure may have a provision to go before the Council, but the adopted ordinance change would be the law on the issue. On the notification, he was disappointed to see the July suspension. It was his interpretation that the intent of notifying the council is being done if the chief contacts the City Administrator for the release of that information to the Council. He didn't think there was any grave occurrence if the Department had given the names of individuals under suspension to him. If the Council has difficulty with that, he can have the chief notify the Council in person. Attorney Hawkins stated there is a provision in the Department's by-laws for appeal of the suspension within the Department itself. He pointed out the Council delegated all of this to the Department to take the politics out of it and to not have to get involved with the Department's disciplinary actions. He felt that meets the due process requirements. On dismissal, the individual can make final appeal to the City Administrator; and that is where it would end. Firefighter Bob Peach asked who determines whether the suspension process was given due process. Mr. Hawkins stated due process is giving him the right to a hearing. Mr. Peach stated he never got one, as the Department heard the case excluding him from all procedures. Mr. Hawkins did not know what the process is; but if that is the case, it sounds like the Fire Department needs to adjust their process because they're using old by-laws after the ordinance was changed. - -~ ------- I Regular Andover City Council Meeting Minutes - December 6, 1994 Page 11 (Mayor/Council Input, Continued) Councilmember Jacobson felt there should be a process where it is required to hear testimony from both sides. He suggested the Public Safety Committee review the current disciplinary procedure of the Fire Department and make recommendations to the Council. The process should insure that the person is given due process. Mr. Peach stated the process now can exclude the accused person from ever talking to anyone. The meetings where scheduled when he could not attend and were not rescheduled. Councilmember Jacobson thought those are some of the things the Safety Committee may want to review. Mayor McKelvey felt there has to be a lot of problems within the Department when the list of suspended persons includes the officers for· lack of attendance and a lieutenant for trying to resign his position. He hoped that some of these problems would be resolved with the hiring of a full-time chief. After additional discussion, it was the Council's understanding that Mr. Peach had no further recourse within the City on the appeal of his suspension according to the revised ordinance. They also felt it would be advisable for the Public Safety Committee to review the ordinance and make a recommendation to the Council. Mayor McKelvey stated since the rules of the ordinance are to be followed, he asked the City Administrator to start the process for the suspension of the fire chief for not following the ordinance of reporting the suspensions to the City Council. At least two of the suspensions were not reported according to the ordinance. In the discussion that ensued, Councilmember Perry understood Mr. Fursman to state that the necessary reporting was done if it was reported to him. Mayor McKelvey knew the one in July was not reported; therefore, the chief violated the ordinance. Mr. Fursman stated the ordinance does offer a ruling from outside the Department regarding the initiation of disciplinary action. The City has a Personnel Policy in which the Administrator has the authority to carry out the disciplinary action plan for any employee. In this particular case he felt the chief would be up for an oral reprimand according to that Policy for the first offense. Mayor McKelvey stated Mr. Peach got 60 days suspension for handing the City Administrator and himself a letter saying he was resigning his lieutenant's position in the Department. Another person who violates an ordinance passed by the Council ends up getting a verbal reprimand. Where is the justice? Councilmember Jacobson stated if the justice is not there, the ordinances should be changed; but the Council is bound by the existing ordinance. Councilmember Knight felt some of these things could not have been foreseen when the ordinance was changed. He had trouble with some of the things that have happened, but he understood the requirement of having to operate according to the ordinance. The Council then agreed the appropriate action would be a verbal warning to the fire chief that the strict letter of the ordinance has not been adhered to; and that in all future cases, it will be required that there 0 be formal notification of the Council of any suspension. - -- - ._--,- -- --- -- . Regular Andover city Council Meeting Minutes - December 6, 1994 Page 12 (Mayor/Council Input, Continued) Snowmobile Complaints - Councilmember Jacobson stated he has received complaints about the snowmobiles since it has snowed. He wondered if perhaps the Snowmobile Ordinance should be reviewed by the Planning Commission again with citizen input because there are more and more heavily urbanized areas where it may be inappropriate for the use of snowmobiles. Councilmember Knight stated the complaints he receives have to do with the streets, as the ridges left in the streets by the snowmobiles cannot be plowed. MOTION by Jacobson, Seconded by Perry, that the City Council direct the Planning and Zoning Commission to hold a public hearing on Ordinance No. 0 87 regulating all ATVs and snowmobiles in the City to obtain public input on whether or not the ordinance should be changed and what changes should or should not be made or if any changes should be made at all and advise the Council as to their recommendations. Motion carried unanimously. Truth and Taxation Hearing - Mr. Fursman stated he will make a presentation at the hearing on December 8 . however, because of a , previous engagement, he will have to leave about 7:30 p.m. APPROVAL OF C:{.AIMS MOTION by Jacobson, Seconded by Dalien, the Claims as presented in the amount of $620,398.22. Motion carried unanimously. MOTION by Perry, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:05 p.m. , Respectfully submitted, ":\¡~JC:~~L Marcì!lla A. Peach Recording Secretary __ ___h _ -- --- --. - .,.-.-.- -- "- --'---