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
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II.
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 6, 1994
TABLE OF CONTENTS
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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
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" ", 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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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