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HomeMy WebLinkAboutCC February 1, 1983 8itt 01 ANDOVER REGULAR CITY COUNCIL MEETING-FEBRUARY 1 , 1983 AGENDA 1. Call to Order - 7:30 P.M. 2. Resident Forum 3 . Agenda Approval 4 . Community Action Program - Presentation 5. Discussion Items a. Good Value Homes-Northglen II Sketch Plan b. c. 6. Non-Discussion Items a. Resolution/Condemnation-Hanson Blvd.'83 b. Junkyard License-Commercial Auto Parts All-Imports Auto, Inc. c. Date/Interview for P&Z and Park Board d. MNDot Agency Agreement e. 7. Reports of Commissions, Committees, Staff 8. Approval of Minutes 9. Approval of Claims 10. Adjournment CITY 01 ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIT. COPIES TO: ATTORNEY , STAFF FROM: CITY CLERK/A. ADMINISTRATOR DATE: JANUARY 28 , 1983 REFERENCE: AGENDA INFORMATION - FEBRUARY 1 , 1983 Item No. 3 - Agenda Approval Item No. 4 - Community Action Program Kathy Brown from the Anoka County CAP would like to discuss with the Council some of the programs available through their office. These programs include such things as fuel assistance, home repairs, etc. She will be bringing materials with her for distrirution. Item No. Sa - Good Value Homes, Sketch Plan John Peterson of Good Value Homes is requesting time to discuss with the Council the concept of somewhat smaller lot sizes in this proposed area. He is aware of the fact that formal action has not been taken by the Planning Commission relative to changing the now minimum requirement of 85' in a R-4 zone; however, we did discuss the conversations with the Planner, as well as his recommendations. He will be presenting some slides showing the homes on 70' to 75' lots in other cities. Item No. 6a - Resolution/Condemnation-Hanson Blvd. (83-1) Legal descriptions have not been prepared and Attorney Hawkins will have a resolution prepared allowing him to go directly to condemnation if the appraised value is not acceptable to the property owners. This item is tabled from the January 18, 1983 Meeting. Item No. 6b - Junkyard License-Commercial Auto Parts, All-Imports, Inc. All requirements have been met by the applicant for the licensing of Commercial Auto Parts and the fee has been paid. This should be approved with the same 6-month contingency as that on those approved on January 21. All-Imports Auto, Inc. is the property on the corner of Bunker Lake Boulevard and Jay Street, for which a Special Use Permit was issued in January of 1982. All necessary bonds and insurances have been received. This license would have to be approved contingent upon the applicant meeting all requirements of Ordinance No. 44 on or before June 1 , 1983. ^genda Information February 1, 1983 Page 2 Item No. 6c - Date/Interview P&Z and Park Board Applicants TO-date we have received two applicants for each Commission and one individual who has applied for either one. Applications remain open until January 31. Item No. 6d - MNDot Agency Agreement These are the standard forms required by MNDot to be adopted by the City each year. Attached is a memorandum from Jim Schrantz, as well as a copy of the Agreement. Item No. 7 - Reports of Committees, Commissions, Staff To-date no information has been received. Item No. 8 - Approval of Minutes January 18, 1983. ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - FEBRUARY 1, 1983 MINUTES The Regular Bi-Month1y Meeting of the Andover City Council was called to order by Acting Mayor Kenneth Orttel on February 1, 1983, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski Councilman absent: Mayor Windschit1 Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM John Zillhardt, 3753 145th Avenue - stated he was before the Council last December asking about the high speed use of snowmobiles on Round Lake and wondered if that has been looked at. Attorney Hawkins stated he has gathered some information on the subject and will be reporting to the Council within the next few weeks, having gathered ordinances from other communities for the Council's consideration. Mr. Zillhardt - stated in walking on a parcel of property owned by the City on the west shore of Round Lake, he noticed heavy snowmobile use in this area to the point where a lot of the small brush is crushed and snapped off and some small trees are chopped down. He was concerned with this destruction and recommended that snowmobiles not be allowed in wooded areas unless trails are provided. He also suggested bringing this to the attention of the residents through the newsletter. Acting Mayor Ortte1 stated the existing ordinances do not allow the use of motorized vehicles in City parks, including recreational vehicles in the summer; however, it is very difficult to po 1 i ce that. He has no problem with explaining the ordinance in the newsletter. Winslow Holasek - noted the agenda item of Resolution/Condemnation - Hanson Boulevard, 1983 is listed under a Non-Discussion Item. He asked what the item is and if that means they will not have an opportunity to comment on it. He also asked for a copy of the resolution. Acting Mayor Orttel explained it is the resolution authorizing the the acquisition of the right of way for Hanson Boulevard between Andover Boulevard and Constance Boulevard. He stated it is a processing item and grouped on the agenda where it is felt the Council is basically in agreement; however, the Council has no problem with discussing it or taking comments from residents. AGENDA APPROVAL MOTION by Lachinski, Seconded by Elling, to approve the Agenda as published with the Addltion of 5b, Ground Water Contamination at the Landfill. Motion carried unanimously. Acting Mayor Ortte1 asked for a motion to suspend the rules. MOTION by Ell i ng, Seconded by Knight, to so move. Motion carried unanimously. COMMUNITY ACTION PROGRAM - PRESENTATION Kathy Brown from the Anoka County Community Action Program addressed the Council and those in attendance, explaining the program is still functioning with fuel assistance, weatherization, grants, etc. She asked if anyone knows of someone who is in need that they be made aware of their pgoram. GOOD VALUE HOMES - NORTHGLEN II SKETCH PLAN John Peterson of Good Value Homes explained they have decided to proceed with single fam1ly development on their property west of Round Lake Boulevard to be called Northg1en Second Addition, and he presented a conceptual plan of that area. They haven't gone ~ Regular City Council Meeting February 1, 1983 - Minutes Page 2 (Good Value Homes - Northglen II Sketch Plan, Continued) through the detailed drawing of their plan, realizing that the Planning and Zoning Commission is in the process of reviewing the minimum lot size for R-4 zones; and they are waiting for that decision. Theywould not be able to economically develop the area under the existing minimum lot size of 13,000 square feet. Their hope is that the minimum lot size would be reduced to a 75-foot width. He presented sketches showing the placement of various styles of houses on 75x130 lots and showed slides of housing developments of 75-foot wide lots. Mr. Peterson also stated they are open to talking with Mrs. Sonsteby about the possibility of giving money to the City to buy parkland along Round Lake and to the possibility of donating property just south of Crosstown and Bunker Lake Boulevards for a proposed fire station. One of the problems with developing this parcel is the question of the proposed County Highway 116 through the western portion of the land, and they are in the process of asking the County to make a commitment on that issue, to either purchase the right of way or to abandon the proposal. Other problems are the long cul de sac that would be created, depending on what the County's plans are, and on what to do with the lowland in the northern portion of the property. Mr. Peterson also answered Council questions relative to the plat, noting they feel they have to develop between 125 and 130 lots on the parcel to develop it economically. If money were given in lieu of parkland, they would be able to develop more lots. At the existing minimum lot size of 13,DOO square feet, they would only be able to develop 105 lots. They would like to begin development of the property this summer. Council discussion was that a development of this density would not be considered without a usable park somewhere in the area. The City would also be interested in negotiating for property for the proposed fire station south of Crosstown and Bunker Lake Boulevards. Discussion was on the suggestion to meet with the Planning Commission and the consultant hired to help redraft the ordinances to discuss the proposal of reducing the minimum lot size, which must be decided before the redrafting of the ordinances proceeds. It was also questioned whether any additional requirements, such as sidewalks, street lights, etc., would be needed if denser development were allowed. Council agreed to schedule a special meeting for this purpose on February g following interviews of applicants for the Commissions. MOTION by Lachinski, Seconded by Elling, that we hold a Special City Council Meeting to d1SCUSS the question of smaller lot sizes in the City on February g at 8:30 p.m. Motion carried unanimously. GROUND WATER CONTAMINATION/LANDFILL Approximately 35 residents were in attendance to discuss their concerns with the Council over recent reports of contamination found in the test wells at the landfill and on what can be done by the City and by them. Merl~n Prochniak, 1836 Andover Boulevard - presented a letter to the Council from 18 resi ents, mostly along Andover Boulevard, asking that some action be taken on the situation at the landfill. He also stated that no one in the area has received a letter or information from the County about the situation at the landfill. He stated he would like to be more directly informed about the entire situation because it will affect them and they should know what is going on. To this point they haven't been kept informed other than the articles in the newspapers. He realizes the City is doing what it can and that liability is trying to be placed at this time; but as residents of the City, they would like to see the problem taken care of right away, asking how long this should continue. Not only their health and welfare is affected, but the real estate values of their homes as well. They want to know what they can do as residents to resolve the problem. Regular City Council Meeting February 1, 1983 - Minutes Page 3 (Ground Water Contamination/Landfill, Continued) Acting Mayor Orttel stated their frustration of not knowing what is going on and not being informed is the same frustration the City has felt for a long time, believing the City has been intentionally kept in the dark about the landfill situation. The City has recently been able to get some attention from the press, realizing that was the only avenue left to get anything done. He explained that the control of these landfills has been taken away from the city governments, so basically the City has nothing to say in the matter ather than to make comments. The City has made a great number of comments on the landfill over the years, which have basically been ignored and the landfill has continually been relicensed. He explained a letter was supposed to be delivered today from Natalie Haas, Anoka County Commissioner; and he read the letter to the audience, which stated among other things that the PCA and the County-are in the process of taking well samples from residential wells around the landfill site to test for various contami nates. Acting Mayor Orttel stated at this time, the primary concern is the testing of the shallow wells in the immediate area of the landfill because that is the layer of 'water that is contaminated in the landfi 11 area. He also emphasized that to date no contamination has been -found in any residential wells, only in the test well north of the hazardous waste pit located in the landfill. But in the long run the City is concerned about the deep wells, because once any contamination shows up in them, a city water system would have to be installed. And it has been the City's position that the installation of such a system should not be borne by the City or its residents but by those parties responsible for the landfill, stating it is the City's intent to fight that to the fullest. It was those parties who were aware of the installation of the hazardous waste, who have been aware of the leaking of the contaminates from the pit for a 10J1:g time, and who have been aware of the contaminates found in the test well for a long period of time that are responsible for this. He reviewed the map of the landfill area showing the location·of the wells that are being monitored and the Clerk made copies of that map for those in the audience. A resident asked if it is true there is contaminates in Coon Creek. Acting Mayor Orttel didn't think there was any doubt that there is, but the question is to what degree. That:also affects everyone to the south of the City. But so far there has not been a massive concentration of contaminates found in the creek as there has been in the test we 11 s. Councilman Elling stated that the results from test well lla just north of the hazardous waste pit show five contaminates, one of which is about 3~ times over fish ki 11. Acting Mayor Orttel explained the City feels the first step to correcting the problem is to remove the source, the hazardous waste pit; but unfortunately the agencies are trying to determine who is guilty rather than solving the problem at this time. The only suggestion he has heard for a long-term solution is to install a water purifi- cation system on the site and continuously pump the ground water to the ground, purify it, and pump it back into the ground for a great number of years. Another resident suggested the owner be required to post a larger bond so the problem doesn't revert back to the City. .Acting Mayor Orttel stated the City has continoa11y asked that the bond be increased, as the City has virtually no security in the situation. But the City has recently found out that the owner is not bonded at all and that the County had forgotten to get their bond. There is zero protection at this time. The City is very upset over what is felt to be total mismanagement over this matter on the part of the County. The landfill has been closed, but lime sludge for termination cover is still being brought in. Acting Mayor Orttel stated if the City has anything to say about it, the landfill would not be allowed to reopen; unfortunately, the City has little to say about it. It is very near termination any way. Councilman Lachinski stated it helps to have residential help and input on these problems, noting the County's plan to create another landfill on the corner of Hanson and Bunker Lake Boulevards. Regular City Council Meeting February 1, 1983 - Minutes Page 4 (Ground Water Contamination/Landfill, Continued) A resident asked when the next County meeting is scheduled on the landfill and what would the Council recommend the residents do to help the City of Andover. Council discussion was the County Board meets every Thursday at g a.m., that there are almost daily meetings at the County and State level on this matter, that press coverage seems to be the most effective, and that the City would have no problem with the residents voicing their concerns on these matters, cautioning that any information or statements made be accurate and not misleading. Discussion also noted that the potential for a problem is there, but to date there is no problem outside the landfill itself. Councilman Elling also stated the County samples the creek both upstream and downstream from the dump site, and to date they are saying nothing is wrong. The City of Minneapolis is also sampling the river water and are not concerned at this point but are watching it closely. Councilman Lachinski also noted that the City of Andover is not liable for the situation, but it is responsible to protect the residents. So if that means at some point something would have to be done by the City, it would cost the taxpayers of the City; and the City would have to then take some court action to try to recover those costs. Council- man Elling also noted there is a plan for the landfill which is estimated to cost between three and four million dollars, but the problem is trying to get that money. The Federal government would provide 90 percent of those costs, but the problem is obtaining the other 10 percent, which must come from either the State or County. A resident stated they are basically concerned with the condition of the water in the residential wells, and someone was in the area taking samples of the wells the last few days, though it will take six weeks to get any results. Acting Mayor Orttel noted the process of testing is very time consuming and expensive. He asked that anyone with a shallow well contact the City so it can be tested, as the City has no way of knowing where the shallow wells are located. The testing will be done of the various water veins in the area, and the concern is to get enough of a cross sampling in the area to accomplish that; as it is virtually impossible to test every single well in the area. A resident asked why the cost for the testing can't be assessed to the operator/owner of the landfill. Council believed the County is absorbing the cost of the testing, but which in turn comes back to the taxpayers. It was also noted that Commissioner Haas has been very sympathetic and supportive in this matter, plus there is contact with the legislators as well. A resident stated he has a shallow well, which concerns him greatly; and he is also in the process of selling his house. His realtor has stated it may be difficult to sell because of the publicity and what is going on at the landfill. He asked what recourse he would have. Attorney Hawkins stated he is in the process of studying the legal responsibility of the various government agencies involved; however, it is a very complicated issue. There is no question that the matter is the responsibility of the owner of the landfill. He hasn't yet formed an opinion and felt everyone is hoping the problem can be resolved politically through the use of the superfunds, etc., because lawsuits can take years and are very costly. The Clerk suggested the gentleman contact the PCA, who is looking for shallow wells to test. They could then test the well and provide a letter as to the quality of water in his well. Several in the audience asked if there was any way the residents could be kept more directly informed other than the news media. Council generally felt the residents should be kept informed either by a news letter on a regular basis, by hand delivering information regularly, or by sending the information to one person in each neighborhood who would subsequently relay the information to the neighbors. The residents were particularly concerned that they know when meetings are being held, the results of those meetings, and the results of the tests from their wells. Council noted the test results are sent to the City and assured the residents they would be informed immediately if any contaminates were found in their water. Regular City Council Meeting February 1, 1983 - Minutes Page 5 (Ground Water Contamination/Landfill, Continued) Discussion with the residents was also on the lime sludge that is being brought in, as they were concerned as to what it contains and if it would have any harmful effect in the future. Council explained the use of the sludge as an impermeable termination cover over which soil and ground cover is applied', noting the sludge basically contains trace minerals and lime. Discussion returned to the problems with the landfill, with the Council noting that the barrels in the hazardous waste pit must be removed, but there is speculation that there may be more dangerous chemicals that were just dumped in the landfill prior to the construction of the pit. If that is the case, the problem is more serious. The construction of the pit was done through the County and State, and the Council was not even made aware of its existence until after the fact. It was also noted that the wells in the landfill are tested quarterly and that the City does get the results of those tests. The next test would be done in March. A resident asked what action the City is planning at this time. Council discussion was that there are meetings almost daily, that the City issued a position paper several weeks ago on the matter, and that the City has asked the County to provide a schedule of their actions to the City by February 20. It is the intent to push it to a head to get the source of the problem removed as soon as possible. It was also mentioned that the City has established a Hazardous Waste committee. and anyone who wishes to can serveó on that committee. It was suggested that the committee take all the correspondence on the subject and summarize it along with the date to see the actions that have been taken. Another resident asked if it would help if the residents attended a County Board meeting. Council felt that~ight be helpful, but suggested attending the Environmental Services meeting might have more impact. It was also felt that it would be better to attend County meetings rather than to invite them to a City Council meeting. Councilman Elling estimated that with all the decisions and legalities, it will probably be April or May before any action will take place. Discussion was on the proposed landfill on Bunker Lake and Hanson Boulevards with the Council stating it is their position the City of Andover has taken enough of the garbage from the Twin Cities area plus the two hazardous waste areas in the City, which should be sufficient grounds for not having another landfill in the City. A resident asked for names and addresses of the legislators, Commissioner, etc., to write expressing their concerns and to ask for State and County funds. It was suggested the residents call City Hall for that information. The Council encouraged the residents to write. Council also noted it would be extremely helpful if anyone in the community had the qualifications to interpret the reports to determine just what the problem is. MOTION by Lachinski, Seconded by Knight, to direct the City Clerk to prepare an information sheet showing the names of the Legislators and County Commissioner and all affected agencies and personnel associated with those agencies that the City is aware of for distribution to interested residents. Motion carried unanimously. A gentleman at 1850 Andover Boulevard stated someone was out to test his well yesterday. It was determined that it was probably PCA personnel. Discussion continued with the residents, the residents generally expressing concern over being kept informed and expressing a willingness to help the City to get the problem resolved. The Council explained the City's involvement, that it would probably be the City's obligation to see that good water is provided in thè event contamination is found in a residential well, and that the residents should be working through the Hazardous Waste Committee. It was suggested that this~item be made a regular item on the Agenda for the time being to stay on top of the matter. It was also suggested this matter be brought to the attention of all residents in the City, as they may be indirectly affected. It was again suggested the residents attend an Environmental Services Committee meeting if they so desire, that one or two people from each neighborhood be designated to whom the City Clerk could send copies of information and who would in turn disseminate information. Regular City Council Meeting February 1, 1983 - Minutes Page 6 (Ground Water Contamination/Landfill, Continued It was noted the City has all the documents that may be viewed and will have the information as to what wells have been tested. Someone asked if the technology is ready to handle the material once it is removed from the hazardous waste pit. Council discussion was there is no means of handling this material locally, but there are some alternatives such as storing it above ground until that technology comes about. The cost to get the barrels out of the ground is not that great; the problem is what to do with it once it is out of the ground. It was felt if no action is taken on removing the hazardous waste pit within a certain time period, the City would have to have it removed on the basis of health and welfare of its residents and then recover the funds through the courts. The problem is coming up with the money up front, as the City does not have access to that amount of money. Discussion with the residents was also that the landfill itself with its constant leaching and the possible open dumping of hazardous waste proior to the construction of the pit presents a long-term problem. Bu t the City's first priority is to have the hazardous waste removed from the pit before it leaks out entirely. Council also stated the County is responsible for terminating the landfill with final cover, etc., if the operator does not, but which would in turn be placed on the county taxes. Someone from The Oaks was concerned that there are no test wells in the landfill between them and the location of the hazardous waste pit. Council explained the location of the wells were determined by other regulating agencies. It was supposedly determined that the water flows away from the site, basically to the northeast toward the creek. The residents were again assured that the City is putting pressure to have the hazardous waste from the pit removed and that every attempt will be made to keep them informed. Recess at 9:35 p.m.; reconvene'at9:50 p.m. RESOLUTION/CONDEMNATION-HANSON BOULEVARD, 1983 Attorney Hawkins reviewed the standard resolution to proceed with condemnation if the appraised value is not acceptable to the property owners. Following the approval of the resolution, the papers will be served upon the individual landowners of the parts the City wishes to acquire for right of way purposes. The property will be appraised, and a letter will be included indicating that the City would still like to negotiate a settlement if they wish to do so to avoid the condemnation procedure. He estimated it will take three and a half to four months before they have the right to go in on the property. Because it is not known where some of the owners live, it will have to be published; and because of the time factor involved, he didn't anticipate scheduling the first hearing until the end of March. Maps will also be sent to the landowners showing the entire area of the project and individual maps of the respective parcel outlining the easements, showing the width and acreage to be acquired. Acting Mayor Orttel then read the proposed resolution. Discussion with the Attorney and Engineer was that it is anticipated the prodi1ct woulcfmjt be able to begin before June or July and that the Engineer took the plans and specifications to the State Aid office. MOTION by Lachinski, Seconded by Elling, introduce a Resolution determining the necessity for and authorizing the acquisition of certain properties by proceedings in eminent domain as presented by the City Attorney for Project 83-1 (See Resolution R006-83) Motion carried unanimously. Winslow Holasek, 1159 Andover Boulevard - asked if the appraiser has already been -h1red for the project and who it is. Attorney Hawkins stated Malcom Allen has been hired as the appraiser. Regular City Council Meeting February 1, 1983 - Minutes Page 7 (Resolution/Condemnation - Hanson Boulevard, 1983, Continued) Mr. Holasek - asked when that was authorized and who hired him. Council noted it was authorized several months ago. The appraiser is hired by the City arranged through Mr. Hawkins. Mr. Holasek - asked to be provided with the exact date of that authorization. He also asked what is meant by acquiring the property for road right of way and utility easement. Mr. Hawkins explained that is the language used when acquiring the right of way so there is the ability to put in both streets and utilities, such as sewer and water, if it is needed in the future. Mr. Holasek - asked if it isn't costing the City a lot of extra expenses to proceed w1th condemnation prior to attempting to negotiate with the property owners. Mr. Hawkins explained the papers that are legally required to be sent to the property owners giving them notice of the eminent domain proceedings will contain an informational letter indicating the City is starting the eminent domain procedure basically because of the time period that's needed to start construction. But the City still wants to acquire the property through the negotiation process without the need of this procedure; and if the individual wishes to, he can contact the City to find out the appraised value that the City would be willing to settle for. The notice will be sent out within the next few weeks and the property owners will have until approximately the end of March to decide whether to negotiate or to continue with the condemnation procedure. Mr. Hawkins explained that procedure to the residents. Mr. Holasek and Walter Laptuta - discussed with the Council their feelings that the condemnat1on proceedings at this time presents a negative atmosphere for negotiations and that this will incur extra costs for the project which in turn is assessed back to the property owners. They didn't feel that was the proper way to proceed. Mr. Hawkins stated it actually costs more to meet with every property owner to negotiate a settlement than it is to draft the eminent domain papers. Mr. Holasek - asked if they are automatically eligible to hire their own appraiser once they receive the notice of this procedure. Mr. Hawkins stated that is correct. They are eligible to hire their own appraiser at a cost to the City of up to $300. Mr. Holasek - stated right there alone at $300 each for the 20 property owners, 1t would cost an extra $6,000 for the City. Mr. Hawkins stated that is the property owner's right, and he normally recommends if the individual is not satisfied with the City's appraisal that he hire his own appraiser at the City's expense. In negotiating, he felt the same thing would happen. Mr. Holasek - agreed the individual should have the right to hire his own appraiser, but he felt it was just the Attorney's recommendation in the negotiation process and not a matter of the law. He understood that the law pro~ides for this under the condemnation procedure. He stated he disagrees with the Council's tactics on this, thinking it's a railroad job from the assessment policy to the taking of the road to the condemnation part of it. He didn't think that is the proper way to treat the people and feels the Council is wrong in its actions. Acting Mayor Orttel stated that the Council has given a great deal of thought to this entire matter. JUNKYARD LICENSE - COMMERCIAL AUTO PARTS MOTION by Lachinski, Seconded by Knight, that we approve a Junkyard License for Commercial Auto Parts contingent upon meeting all requirements of the Junkyard Ordinance by June 1, 1983. Motion carried unanimously. Regular City Council Meeting February 1, 1983 - Minutes Page 8 JUNKYARD LICENSE - ALL-IMPORTS AUTO, INC. Discussion was that a Special Use Permit was approved for this operation approximately a year ago, based upon it being allowed in the ordinance at that time. The ordinances have since been corrected so that new junkyards would not be allowed in the City. This is the first time the junkyard license is being applied for. The Clerk explained all provi si ons of the ordinance have been met with the exception of the planting of the trees. Because of the weather, she suggested approving the license contingent upon meeting all provisions of the ordinance by June as was done for all the other yards. They are not doing business at this time. Councilman Lachinski felt the fence was not attractive, but Acting Mayor Orttel noted it is the same fence that existed at the time the Special Use Permit was approved. MOTION by Lachinski that we approve a junkyard license for All-Imports Auto, Inc., on the property on the corner of Bunker Lake Boulevard and Jay Street; this license would also have a contingency that al,l junkyard requirements in Ordinance No. 44 be met on or before June 1, 1983, or the license will be revoked. Motion dies for lack of a Second. Councilman Elling stated he wouldnot vote for a new junkyard in the City. Attorney Hawkins noted the Special Use Permit was approved a year ago because it was clearly an allowable use and met all the requirements at that time. If this license is not going to be approved at this time, specific reasons must be given to substantiate that act i on. Council reviewed the history of this particular parcel, with Acting Mayor Orttel and Councilman Lachinski both noting they were not in favor of adding another junkyard in the City either but that all the requirements were met and therefore the Special Use Permit had to and was approved. Attorney Hawkins stated as long as the applicant meets the requirements and continues to meet those requirements and operates in proper fashion, he has the right to continue that special use. Mr. Hawkins stated if all the requirements are met, there is no question that the permit must be approved. It is an allowed use and the burden is on the City to show that the requirements are not met. MOTION by Lachinski, Seconded by Knight, to reinstate the previous motion. VOTE ON MOTION: YES-Knight, Lachinski, Orttel; NO-Elling Motion carried. DATE/INTERVIEW FOR P & Z AND PARK BOARD MOTION by Lachinski, Seconded by Elling, to set a Special City Council Meeting to 1nterview for P & Z and Park Board members on February 9 at 7:30 p.m. at the Andover City Hall. Motion carried unanimously. MNDot AGENCY AGREEMENT MOTION by Lachinski, Seconded by Elling, authorizing the Mayor and Clerk to enter into an agreement with the Minnesota Department of Transportation as presented by the City Engineer. (See Resolution R007-83) Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, to approve Check Numbers 6201 through 6242 for a total of $68,863.26. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 10:48 p.m. R"p,ot'",y '~~~ ~~ fG Mar 11 a A. Peach Recor ng Secretary