Loading...
HomeMy WebLinkAboutSP July 14, 1982 ~ o¿ ANDOVER SPECIAL CITY COUNCIL MEETING - JULY 14, 1982 MHIUTES A Special Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on July 14, 1982, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, MN. Councilmen present: Jacobson, Lachinski, Orttel, Peach Councilmen absent: None Also present: City Clerk, P. K. Lindquist; and others PUBLIC HEARING - JUNKYARDS Council reviewed the findings of the junkyard inspection conducted July 14, 1982, by James Schrantz and Pat Lindquist. They also viewed the pictures taken of the yards. Andover Auto Body - 13526 Jay Street NW - Tom Zappia, Attorney representing Mr. Mlstelskl of Commercial Auto Body and Bob Pears, owner of Andover and Bob's - stated his clients are unsure and are looking for a clarification of specific items that are prob lems. They have indicated if they had specific notice of items, they would have looked into it prior to a Council vote. Bob Pears - stated in 1979 the City asked them to plant seedlings. They planted them in front of Bob's Auto Parts, and they are doing quite well, although most of them have not grown very large yet. A lot of the trees had died in front of Andover Auto Body. Whatever the problems are, Mr. Pears stated he felt they could be solved. He was not aware that the parking area had to be surfaced. The Clerk noted the parking area must be a dust-free surface. She also explained that the fence must be of uniform height, and their metal fence is not all cut the same height. The Council had no problem with the fence following the topography but with the jagged edges between pane 1 s. Mr. Pears - felt the area could be excavated and fence made uniform but was under the impression the fence had to be eight feet above the road level. They have been purchasing poles and material for the fence, and their fence is back about 600 to 700 feet. It is an open area and the fence has been torn down by winds several times. He also stated there is no excuse for cars parked outside the fence area, but they try to keep it in this yard because there is more traffic on Bunker Lake Boulevard than on Jay Street. He asked what was expected for the planting of trees. Council discussion was the ordinance passed in February requires four-foot high trees placed ten feet apart; however, the Council did take into consideration trees that had been planted prior to the passage of the amendment. The Council's concern was those trees that had died but were never replaced. Mr. Pears - stated he did not receive the Council Meeting Minutes of May 1 which indicated the findings of his yard, and he did not inquire at City Hall when he received notice of the public hearing. He did take the time to get prices for trees and found some of them very staggering. Councilman Lachinski commented on the fence feeling it was very unsightly. Mr. Pears - stated the reason he is here tonight is to find out what the problem is, statlng he felt they could be solved. Commercial Auto Body - 13576 Jay Street NW - Attornea Zappia - stated Mr. Mistelski had prevlously planted trees but then erected a bUl I lng beyond the perimeter of where the trees had been planted. The building acts as a better screening effect, if there were no cars between the roadway and the building, than trees would. Council noted the number of cars in front is clearly in violation of the ordinance. Charles Mistelski - stated they are outside the fence to display them for resale. Saturday is also their business day so cars parked outside would be those of customers. Council was concerned over the sale of cars by the business. Special City Council Meeting July 14, 1982 - Minutes Page 2 (Public Hearing - Junkyards) Wilber's - 13608 Jay Street NW - Mrs. Wilber - stated the day this was visited there was only one junker and the rest were customers. Ms. Lindquist stated there are three or four cars parked to the north next to the rental property. Mrs. Wilber - stated those vehicles belong to the people on the rental property. She stated she will make them responsible for those vehicles and have them removed. Anoka Auto Wrecking - 1775 Bunker Lake Boulevard - Councilman Lachinski was concerned wlth what appears to be a hlgh volume turnover in the yard, and he wondered if the front yard is being used as a holding area for cars being brought in. Sherry Jellison - stated when cars are brought in they are hauled to the back either some time durlng the day or before the night. They are also coming before the P & Z for a permit for a used car lot in the front of their business. Rite -Way Auto - 1856 Bunker Lake Boulevard - William Batson, owner of the property, and John Emery, leaslng the property, were in attendance. Mr. Batson - stated the junkyard fence is from the steam bath east; it is all uniform in height; and the trees are planted. Discussion was then on the pictures. Mr. Batson stated the cars parked in front are the ones there to be repaired, as there is no place else to park them. He also referred to the vehicles in the area which belong to Andover Electric and Andover Radiator. The Council directed the Building Inspector to inspect the area for conformance to Ordinance 8 regarding parking space. Council discussion was also on an area not fenced where junk cars can be seen from Bunker Lake Boulevard between the steam bath and Bob's Auto Parts. Mr. Batson stated that property is not his but is the back of Wilber's. Mr. Wilber - stated his land is higher than the others in back, and where there would be a fence is a large hole. That is why there is no fence there. When the fence is closed for Bob's Auto Parts, the back of his land cannot be seen from the road. Council agreed that the City Engineer should make a recommendation on this for the next Council meeting prior to any further action. K & K Salvage - 2050 Bunker Lake Boulevard NW - No one was present to represent K & K. The only question was that of the fence. Mom's Salvage - 2052 Bunker Lake Boulevard NW - Ms. Heidelberåer - stated the gate has been closed in. She planted some small trees, but has been a vised by Dick Swanson of the County Extension not to plant four-foot trees until spring or they will not survi ve. Council noted the replacement of trees that have died is addressed by the Ordinance, and she has'until next May 1 to replace them. Cecil's Tires - 2050 Bunker Lake Boulevard NW - Cecil Heidelberger - stated the International Tire deal has not been settled. He stated it is not licensed, and the front gate is blocked with tires so no one can get in there. He also stated trees can't be planted in front because it is all concrete, and he will not plant trees until he gets the property back. Then there will be a new fence and trees going in. He stated Shriptek is coming in to grind up the tires. But they are in court action, and they are waiting to see what happens to that. Mr. Heidelberger also stated the fire lanes within the yard are not blocked, as the Fire Department can come in from the easement on the west side and go all the way through the area. He is running a business making a living off of it at this time. The fence will be put up and will be either all steel or made out of rubber, explaining how he would use tires laminated together in a basketweave affect. Mr. Heidelberger also stated the fence would align Special City Council Meeting July 14, 1982 - Minutes Page 3 (Public Hearing - Junkyards) with K & K Salvage and that K & K Salvage has many trees along the front and has recently painted the fence. He has not applied for a license for the tire business. He will not do anything until Shriptek comes in. He stated he will lease the property to Shriptek and sell the tonnage. Roger's Auto Bod¥ - 3530 Hanson Boulevard - Ms. Lindquist stated the owner has stated he would lnstall plastlc strlps in a chai~link fence, but it has not yet been done. Council directed the Building Official to provide the Council with a report as to the compliance to Ordinance 8 by this business for the August 3 Council meeting. Council then reviewed the list of businesses in question and the course of action to be taken for each yard. Councilmen Peach and Jacobson stated it was their understanding that the yards were to be inspected by the Council on May 1; those yards not in compliance be notified of this hearing; and if they were still not in compliance at this meeting, procedures would be taken to revoke the license. Councilman Lachinski agreed the ordinance should be enforced and enforced uniformly; however, he suggested allowing a specific time period for the owner to bring the yard into conformance with the ordinance. He was concerned about the cars in front of Anoka Auto Wrecking, feeling junk cars should be taken behind the fence immediately and that some agreement be so made in writing. Mr. Zappia - stated that until tonight there was a lack of specific'ODmplaints against each, as there was never a specific list sent out to the owners. The issue of the trees was brought up, noting the substantial costs involved and decisions having to be made within the time given to comply with the new requirements. He again noted the building on Commercial Auto serves the same function, but for the parked cars, as trees would; therefore, why the additional expense. It was also expressed tonight the willingness of the owners to get the work done, and there has been some attempts by almost all the owners to bring the yards into compliance. He felt some time period should be allowed to allow them to comply. Ms. Jellison of Anoka Auto Wrecking - stated they are presently asking for a license for another business, and they are at a stand still now until that license is approved or denied as to additional work that can be done on the property. She asked if the intent is to have the trees planted all the way across the fence on the west side. If the license is approved, there will be used cars on display in front of that fence. She also felt that the cars outside the fence now are not a problem. Many of them are customers and no junk cars are left overnight. They do have a lot of customers at times. Nine times out of ten when junk cars are brought in, they are put directly in the back. Council discussion was that in lieu of the fact that Anoka Auto Wrecking has a request in and is in the process of changing their business, no action should be taken on the junkyard license at this time until after the request is acted upon. A sketch plan should be provided by Anoka Auto Wrecking showing how the area will be upgraded, landscaped, etc. Also according to the ordinance, the parking lot would be paved to the fence but leaving a space for trees to be planted in front of the fence. MOTION by Lachinski, Seconded by Peach, that we table the matter of the Anoka Auto Wrecking Junkyard License until the second regularly scheduled meeting in September to allow time for processing of the Anoka Auto Wrecking Special Use Permit for a used car lot and compliance with Ordinance 8 and the Junkyard Ordinance. VOTE ON MOTION: YES-Lachinski, Orttel, Peach, Windschitl; NO-Jacobson Motion carried. Councilman Jacobson stated he is in sympathy for what is being said, but the reason he voted no is he feels it is putting any other action the Council may take in jeopardy. Special City Council Meeting July 14, 1982 - Minutes Page 4 (Public Hearing - Junkyards) Mr. zap~ - stated one of the issues the Council should look at is a time factor of the num er of hours a car would be allowed to stay outside the fence rather than leaving it vague and ambiguous. Given the nature of the business, it is almost impossible for them to work with it. Mayor Windschitl stated the distinguishing factor is normally whether or not it is a licensed or driveable vehicle. The aggravation is when the cars are left outside the fence night after night. Council addressed Right-Way Auto. Councilman Peach felt the trees were intentionally planted 15 feet apart, which is an intentional violation of the ordinance. MOTION by Peach, Seconded by Jacobson, that Right-Way Auto of 1856 Bunker Lake Boulevard would have their license to operate a junkyard revoked until such time as the trees are within accordance with the Ordinance No. 44, and authorize the City Clerk to issue written Findings and Fact, Conclusions of Law, and an Order to carry out the Council's Findings and Conclusions, and authorize the Clerk to prepare those Findings for the Council's final action within 20days. Motion carried unanimously. Council addressed K & K Salvage. Trees that have died should have been replaced by trees of the size in the current ordinance by May 1 MOTION by Jacobson, Seconded by Lachinski, that we authorize the City Clerk to issue written Findings and Fact, ConclusÍJ)ns of the Law, and an Order within 20 days for the City Council to review and act upon outlining that K & K Salvage, 2050 Bunker Lake Boulevard, that the gate is in nonconformance with the Junkyard Ordinance as well as the trees at the smae location; based upon these Facts act to revoke the Junkyard License on that location. Motion carried unanimously. Discussion was on Mom's Salvage regarding the question of the gate and the trees. The gate has apparently been solved. Mrs. Heidelberger stated she installed a new solid metal gate. She again noted that the best tlme to plant trees will be next spring and she intends to do that. Council discussion noted that the ordinance calls for the replacement of dead trees by May 1 of the following year, so Mrs. Heidelberger has until May 1, 1983, to replace those trees. It was also suggested that the City allow an escrow amount at this time to cover the platning of trees next spring. Then if it is not done by next May, the City could use the escrow funds to have the trees planted. There was general agreement to this concept by the Council; however, no action was formally taken on it. No action was taken on Mom's Salvage, because she has until May 1, 1983, to comply with the ordinance regarding replacement of trees. Discussion was on Cecil's Tires. Because of the pending court action and because there is no license on the yard at this time, no action was taken on this business. Discussion was on Andover Auto Body. MOTION by Peach, Seconded by Lachinski, that Andover Auto Body at 13526 Jay Street NW have their license to operate an auto reduction yard revoked, and that the City Clerk and City Attorney be authorized to prepare written Findings and Fact, Conclusions of Law and Order to carry out this rule within 20 days, reason for revocation are irregular height fence on the front and side; the fence not completely constructed to the rear of the property; cars sti 11 visible within the lot; numerous vehiclès in front, most of them appearing to be in need of repair; customer/employee parking lot not surfaced; and trees not planted. DISCUSSION was on the procedure for revocation according to the Ordinance. Councilman Jacobson stated the 20 days is to provide time for the attorney and clerk to write up the Findings and Facts, and then the Council will take final action. Mr. Pears expressed confusion, as to how many days he would have to comply with the ordlnance and the exact problem the Council has with the fence. Special City Council Meeting July 14, 1982 - Minutes Page 5 (Public Hearing - Junkyards) The Clerk explained the Council should make a motion to repeal the license, and the ordinance allows the owner to appeal that decision within ten days after receiving the Council's order of revocation. The motion is granting an additional 20 days. Mayor Windschitl also explained the discussion of allowing the owner to escrow funds at this time for the planting of trees next spring. Council also noted the fence should be straightened across the top, cut even across the top to have a uniform top. Motion carried unanimously. Discussion was then on Commercial Auto Body with there being general agreement that trees would not need to be planted between the building and the road but should be planted in front of the fence. MOTION by Peach, Seconded by Jacobson, that the City Council revoke the license of ëommercial Auto Body at 13576 Jay Street and authorize the City Clerk and City Attorney to prepare appropriate paperwork within 20 days; reasons for the revocation are the fence is of irre9ular height along the front, numerous vehicles needing repairs outside of fenced area, and appropriate trees not planted. Motion carried unanimously. Discussion was on Wilber's. Mr. Wilber stated when Bob's Auto closes the gate, his land cannot be seen from the road. MOTION by Orttel, Seconded by Peach, that the Council direct the City Engineer to go out and inspect the property known as Wilber's Auto at 13608 Jay Street and bring back to us his comments on the vehicles that can be seen on Bunker Lake Road and any remedies by the first meeting in August. Motion carried unanimously. Public hearing was then closed. Recess at 9:15; reconvene at 9:28 p.m. SUMMER HELP MOTION by Jacobson, Seconded by Orttel, that we authorize the hiring of two individuals at the rate of $3.35 an hour for a maximum of 40 hours a week for a maximum total of six weeks, and that the City only provide Workmen's Compensation as benefit for these two individuals. Motion carried unanimously. ENTERPRISE BUDGET There was a short discussion on the revenues for the sewer fund budget, noting that there is a shortfall and that it appears the sewer rates will need to be increased. Because the City Engineer was not present at the meeting, it was agreed to table the item to the next regular Council meeting. Mayor Windschitl suggested carrying over the remainder of the Agenda items to Tuesday, July 20, Council meeting and to adjourn. MOTION by Jacobson, Seconded by Lachinski, to so move. Motion carried unanimously. Meeting adjourned at 9:42 p.m.