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HomeMy WebLinkAboutCC January 17, 1984 ~ 01 ANDOVER , REGULAR CITY COUNCIL MEETING - JANUARY 17, 1984 AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3 . Agenda Approval 4. Discussion Items a. Variance - Julik & Adler Construction b. Accept Quit, Claim Deeds/Osmon c. Engineering Rates - Bonestroo, Rosene, Anderlik d. Change Order, IP 83-3/Paving . e. Junkyard Licenses f. Senior Citizen Emergency Designation g. Costs/LGA Litigation h. i. S. Non-Discussion Items a. Kennel License - R. Nehrt b. Animal Control Contract . c. 6. Reports of COIT@issions, Committees, Staff a. Utility Budget 7. Approval of Minutes 8. Approval of Claims 9. Adjournment ~;¡ ANDOVER M E M 0 RAN 0 U M TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY STAFF FROM: CITY CLERK/A. ADMINIS DA TE: JANUARY 11 , 1984 RE FE RENCE: AGENDA COMMENTS - 1/17/84 HEETING Item No. 3 - Aqenda Approval . Item No. 4a - Variance/Julik & Adler Construction On August 16, 1984, the City Council approved a variance for sideyard setback from 10' to 8' for the doubles destroyed by the July 3 Storm. A survey later indicated the houses had not been centered on the lots and only 7' would be remaining after construction of the garages as proposed. As a result, the variance was amended on two of the doubles being constructed at that time. Now, the third one is proposed to be constructed, was surveyed and found to have the same problem as the other two; a variance is needed to change the sideyard setback from the approved 8' to 7' for the double unit at 2108-10 140th La., Lot 2, Block 3, Red Oaks Addition. A resolution will be prepared. Item No. 4b - Quit Claim Deeds/Osmon We have now received the Quit Claim Deeds for the extension of 167th Lane, including the cui de sac. The road was constructed in accordance with the specifications set out by the City Engineer; and has been inspected and approved by him. A motion is needed to accept the deeds and the roadway as constructed for City maintenance. Item No. 4c - Enqineerinq Rates/BRA, Inc. The City Engineer has been working with both firms under Contract with the City to compare the rates. It is his feeling they are very similar, even though they are billed out differently; and is recommending approval of the request. More ease of comparison on service vs. cost could be made if both firms used the same billing procedure and worked under the same Contract. T.K.D.A. bills out each hour of time used by each individual at a rate of salary x 2.5 multiplier. The multiplier covers all supplies as well as secretarial work, and of course, their overhead. B.R.A. has an established rate for each one of their people, including clerical; tha't rate covers salary, overhead, and supplies-- it does not cover the secretarial (that is billed separately). B.R.A. b~lls flat percentage in accordance with the "curvell on all their project work. T.K.D.A. bills according to work done, but not to exceed the curve. It is a matter of opinion on which method is preferable-- Agenda Comments 1/17/84 Meeting Page 2 Item No. 4d - Change Order, IP 83-3/Paving Attached is a memo from the City Engineer covering this Change Order for IP No. 83-3. Costs are running higher than anticipated for some of the work in Northglen 4th Addition; and in order to avoid any legal complications by going over the 25% over Contract, it will be necessary to pull some items out of the original Contract, specifically some paving work, and then re-bid the paving. TKDA is meeting with the Contractor to work this out. Item No. 4e - Junkyard Licenses Andover Auto Parts (Bob Pears) - All the cars outside the fence have been moved and the yard completely cleaned up. The owner has agreed to post security to cover the fencing work. All other fees, insurance and bond have been received. If the security for the fence work is received by the Meeting, litigation could be terminated and the license issued. Mom's Auto Parts (Heidelberger) - As of today, the gate still needed slatting and the vehicles were still very visible from the road. I have tried to contact the owner reo posting security, but have heard nothing since the original letter was written in late December. Shriptek, Inc. ( Slaback) - To-date nothing has been heard from him. The Anoka County Board is meeting on January 17 to discuss possible revocation of his license if the requirements of the Agreement are not met. Wilber's (H. Wilber) - The required security covering labor for the slatting of the fence has been posted with the City. This license would be ready for action. Anoka Auto WI"eckinq (Jellison) - Application has been made for the required security and per their Agent, should be in our hands by Tuesday. All other conditions have been met, so action may be taken on the license. Item No. 4f - Senior Citizen Emergency Desiqnation Attached is a copy of the Agreement for use of the Senior Citizen Center has a food preparation area during a City/County emergency. A motion is needed to approve the agreement and authorize execution. IteITL No. 4g - Costs/LGA Litiqation Attached is a copy of a statement from the City of Ramsey, covering one-half of the costs for the litigation they initiated to obtain a higher LGA payment. Also attached are the minutes of the Council Meeting at which this matter was discussed. No excact dollar amount of expenditure was ever given, SO what does the Council wish to do. There is no provision for this expenditure in our 1983 or 1984 Budget. Item No. 5a - Kennel License The Nehrts have applied for a kennel license to keep dalmations. They have had a number of dogs (in excess of three (3) for approximately twenty years; they had assumed they were grandfathered-in and did not Agenda Comments 1/17/84 Page 3 Item No. Sa - Kennel License/R.Nehrt (continued) need to obtain a license. My interpretation of the ordinance would indicate they would not require a Special Use Permit for the operation inasmuch as it has continued in the same manner as it did prior to the requirement of a SUP. All dogs are now licensed individually. We have not received any complaints from neighboring residents, however, one complaint was registered last month by someone out of the are:arelative to some of the dogs not being kept in heated quarters. This has since been taken care of by the applicant. Item No. 5b - Animal Control Contract Enclosed please find two Animal Control Proposals for the 1984 Year; one from Hapsi North and the other from White Bear Animal Control. The two companies propose the same services, however, their method of billing is differenct, therefore, somewhat hard to compare exactly. We did not invite proposals, therefore, terms of payment were not set out. Mapsi North is proposing to bill on an hourly basis, whereas, White Bear has a flat rate. In checking with White Bear, their records indicate they spend approximately 15 to 20 hours in the City each month. Based on this, their hourly rate would be $20+ per hour, however, they do not charge for enthuasia, so if we were to look at destroying 10 dogs per month, and figuring 20 hours per month in the City, MAPSI would be $370.00 per month as opposed to WBAC at $405.00 per month. Board fees are the same for each Agency. We have used WBAC for one year and have been very satisfied with their service. We used MAPSI approximately five years ago and the basic complaint on them was their distance from the City for pick-up, and the reluctance of kennel help to inform callers if they had picked up specific dogs. Item No. 6a - Utility Budqet Attached is a copy of a letter sent to the council prior to approval of the 1983 Budget. I believe it will answer some of those questions asked by the newer Councilmembers. I hope to have final figures on the year-end balance by the meeting. Item No. ., - Approval of Minutes , December 20, January 6. Attachments ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 17, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on January 17, 1984, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski Councilman absent: Ortte 1 Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Charlie Veiman, 13646 Crooked Lake Boulevard - gave several humorous antidotes of events that have happened in the City this past year. He hoped those councilmembers who are up for re-election this year will run again, stating they are doing an excellent job running the City. He thanked the Council and staff for the work they have done. Carroll Abbott, 2917 l42nd Lane - stated there is still a problem with the snowmobilers in the area, although the Deputy has tagged one of the people and it may have slacked off somewhat. He felt it should be stopped this year or the problem is going to get wor se . They go through his yard out of the area, both in winter and summer; but he stated he doesn't mind that if they stay on a path and not wonder allover his yard. He was also still concerned with the two stop signs that are up on Crocus, stating they are of no value in the winter because people don't stop when it is icy; and if they do, it is difficult to get started again. He suggested just covering the signs for now. He was concerned that the signs were put up, but gO people signed petitions over six months ago to get them removed and they are still up. Mayor Windschitl explained the Road Improvement Committee meeting was canceled last time because the staff had just spent many hours of overtime during a snowstorm. The committee did discuss this at length previously, and the Engineer worked up what he could with the access problem from Green Acres. It is hoped a Road Committee meeting can be set up within the next few weeks. But there never was a discussion of re- moving all the stop signs from there, as there were residents from Green Acres re- questing an additional stop sign by Flora. There simply seems to be some people from that area who are unwilling to abide by the speed limits; and if someone is able to come up with a better answer for control, the Committee will be willing to consider it. It was agreed to add the item of setting a Road Committee meeting date to the Agenda. Ron Simonson, 2926 142nd Lane - supported Mr. Abbott's arguments on snowmobilers through the area and about the stop signs. He stated he used to ride snowmobiles, but they did not ride on the road. Snowmobilers do not pay taxes for the road and therefore should be staying on the trails which are maintained by the DNR. He was concerned that someone will get hurt. He'd like to see something done about the snowmobi lers. AGENDA APPROVAL It was suggested that Item 4d, Change Order, IP 83-3/Paving, be deleted; and Items 6b, MSA Projects, 1984 ; 6c, Set Road Committee Meeting Date; and a discussion on Hazardous Wastes be added to the Agenda. Mayor Windschitl asked for a motion to approve the Agenda. MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously. Regular City Council Meeting January 17, 1984 - Minutes Page 2 VARIANCE - JULIK & ADLER CONSTRUCTION Bob Julik, 2208 Coon Rapids Boulevard, Coon Rapids - was present. The Clerk explained thlS lS simply an amendment to a previous varlance; it has not gone through the P & Z. MOTION by Lachinski, Seconded by Elling, enter a Resolution amending Resolution No. 86-83, adopted the 16th Day of August, 1983, Resolution approving a Variance on setbacks and garage size requirements for the reconstruction of döuble dwelling units on 140th Lane NW in Red Oaks Fourth Addition. (See Resolution R008-84) Motion carried unanimously. JUNKYARD LICENSES The Clerk reported everything is in for Wilber's and Anoka Auto Wrecking. MOTION by Lachinski, Seconded by Elling, approving a Junkyard License for Wilber's at 13608 Jay Street and for Anoka Auto Wrecking, 1775 Bunker Lake Boulevard. Motion carried unanimously. (Action on the remaining yards was taken later in the meeting.) HAZARDOUS WASTE DISCUSSION Mayor Windschitl explained sometime last week some of the generators of the hazardous waste within the pit at the landfill in Andover approached the EPA. At that point Anoka County Commissioner, Natalie Haas, and Anoka County staff attempted to find out what was taking place in this matter. And there has been varying answers as to what is taking place from the contract for the EPA work being ready to sign, to the generators taking over the project, to EPA being reluctant to have the generators take over the project. He has not been able to get an answer as to how much EPA's prime contractor on the project has been paid to date. Our consultants, Hickok and Associates, do have a draft copy of the work plan of what was to be done at the landfill. Commissioner Natalie Haas briefly informed the Council of the events that have taken place thus far. She has been working with the Anoka County staff, mainly Tim Yantos, and they have been in touch weekly with either the Regional EPA office, the PCA offices, local officials, and less frequently with Washington officials, in an attempt to keep informed and get the process moving faster. She was also aware of Andover's concern of less than satisfactory communication between the State Health Department and PCA and EPA officials as it relates to the effects of the well advisory placed upon a portion of Andover. She has been calling Jim Nye at the State Health Department on a weekly basis to find out what communication has been and if the Department will be satisfied with what is being done. The answer she had received is that a letter should be on her desk that he had written that the south Andover site is going to impact on the well advisory and that he felt the things that are going to be done or have been done on the south Andover site are going to be satisfactory. After reading that letter, she was concerned as to what it meant and asked Mr. Yantos to contact Barr Engineering for the communication they have had with EPA's regional consultant on this project, and they stated they had had none. She also has a letter that states work began on site in the landfill on December 27. She then talked with Doug Day at the PCA, who stated that something was abrew with the generators. She was told she could attend the meetings with the generators; at least three meetings were called, and each one had been canceled. She is only aware of one meeting which she was not able to attend, but Bob Hutchinson and Colleen Hermann did attend and stated nothing of any significance was agreed to. Mr. Day stated the generators have asked that they be allowed to do the study and cleanup. She then called Kerry Street of the EPA to find out how that would impact the things that have already been put in motion in terms of the Federal Superfund and Cooperative Agreement. She has now been told that the Cooperative Agreement is sitting in Washington on Regular City Council Meeting January 17, 1984 - Minutes Page 3 (Hazardous Waste Discussion, continued) someone's desk. There was another meeting, and Mr. Street apparently was told to put everything on hold. About two days later, Mr. Day told her that the MPCA is going to write a letter asking that everything be put on hold. Commissioner Haas stated she was not in favor of that letter, but she didn't believe Mr. Day had the authority to stop it. Commissioner Haas stated ultimately she didn't care, and felt that the Council probably didn't care, who does the study or who does the work as long as it gets done and somebody other than the City or County pays for it. She met with Mayor Windschitl and Andover's consultant, Hickok and Associates, to explore where to go from here and to assure the pressure could be kpet on to keep the project moving. It is her opinion that the hangup right now is with the EPA and not the PCA, thinking the PCA is feeling the same frustrations the City and County are. Commissioner Haas explained that at this morning's board meeting the County Board authorized Mayor Windschitl, Bob Hutchinson, Tim Yantos, and herself to go to Chicago to meet the Regional EPA Director and to get things back on a timetable, to ensure that EPA sets some timetable that the generators meet to accomplish the study and work. If the generators agree to do this, she would also like to see them put up a performance bond. And she would like to ensure that the City does not lose its place in line in terms of the Cooperative Agreement and funds committed on the Federal level so that even if something falls through, we are not back to where we were a year ago. Commissioner Haas also stated that the Mayor has contacted at least one of the generators, hoping to be able to be involved in the planning process in some way so we are aware of what they are doing. The best information she has in terms of what the generators are doing is they have gone out to raise approximately $100,000 to hire a consultant, and they are supposed to be interviewing that consultant tomorrow; so she hopes what the generators are doing is in good faith. It was her ,opinion that what the generators are seeing is that the price keeps going up under the EPA project, and they feel they can do the job for less money and a lot faster. The County has not taken the political route yet, thinking it must first be learned what the EPA has to say on the regional level and to continue to find out where the Cooperative Agreement is. Regardless of who does the work, it will have to be approved by the EPA. Mayor Windschitl noted there has been a great deal of frustration on this whole thing of the generators coming in at the last moment, and the question is whether the generators are serious about going ahead. There has been some estimates that what the generators could do the job for and what they could be billed for by the government could be four to five times different, so economically it may be in their interest to do it. One of the difficulties is the list of generators that contributed to the hazardous waste pit is quite lengthy. The Mayor also noted that there is a lobbying effort under way to weaken the State Superfund law, as the liability question is more stringent than the Federal Superfund law. Councilman Lachinski asked if the generators would have any responsibility beyond the hazardous waste pit. Mayor Windschitl stated yes. The City's consultants felt that the EPA would not let someone come in and only deal with the hazardous waste pit, but would require carrying it through to some type of water recovery, purification system, or whatever the end result is. It is also thought that the liability could carryover to water systems. Commissioner Haas also informed the Council of a bill being carried by Darby Nelson in the House and Gene Merriam in the Senate to allow for surcharges or user fees to be placed on the landfill operators. The State charge being proposed is $3, with 2/3 going into an abatement fund and 1/3 going into a landfill contingency fund. And the bill allows counties and cities who have landfills within their borders to â1so put a Regular City Council Meeting January 17, 1984 - Minutes Page 4 (Hazardous Waste Discussion, continued) user fee on to be used in the same ,way . If the City would feel so inclined, it could write the authors of the bill to speak to the City's experience on the matter. Mayor Windschitl stated copies of the bill will be furnished to the Council. The Clerk is preparing a position paper for the committee hearings, and he hoped some of the Council could testify at the hearings in favor of this. Commissioner Haas then explained what is taking place with the Schriptek Recovery Systems operation. She stated she has asked the County Attorney to contact the City Attorney on the matter. The County is backing the City's request to escrow funds or post a bond for the uncompleted work to meet the ordinance for the junkyard license. But the County has discovered that the shredding machine is not on site, a County staff member being told that it had been taken away for repairs. Speculation is that it has been taken to LaCrosse, Wisconsin; but that cannot be confirmed. The concern she brought before the County Board this morning is that part of the agreement is that if the machine is off site, the County should be notified, and that they do not continue to take waste tires and pile them up. No formal action was needed by the County Board this morning, but she has been assured by the County Attorney that that action means temporary suspension can be taken without waiting to come before the Board. The staff has been told that the machine will be back on the premises tomorrow. She has not seen today's report in terms of any new tires that have been taken in. Mayor Windschitl asked that Attorney Hawkins review the special use permit with Schriptek to see what action the City needs to take. He stated there are tires piling up in the front area. Commissioner Haas was of the opinion that tires may be con- tinuing to come in. Councilman Elling stated he was on site December 27 and they were having a hard time repairing the machine at that time. He also informed the Council that they have deliberately buried two of the monitoring wells on the south Andover site. They were test wells that were put in for the original EPA study. Mayor Windschitl asked Commissioner Haas to have someone find out exactly what has taken place with those test wells. Commissioner Haas stated she has a meeting with Bob Hutchinson tomorrow morning and will follow up on that matter and have an answer back immediately. Councilman Elling also stated that the PCA is apparently hauling out the hazardous waste barrels from the Schriptek site within the next two to three weeks, and the PCA is apparently going to be paying for that removal. He felt that the City should have the Resolution asked for at the last meeting, with copies to the EPA and County, for removal of all those barrels. Council action on the Schriptek issue was taken later in the meeting. ACCEPT QUIT CLAIM DEEDS/OSMON Mr. Schrantz stated the road has been graded to the existing sand street to the west. the cul de sac was constructed and topsoil put to the outside, and the cul de sac was constructed within the circle on the sketch before the Council. Mr. Osmon moved it back 60 feet so he didn't have to deal with the strip to the north. The cul de sac is built on Mr. Osmon's property, as he has interest in both pieces of property. MOTION by Lachinski, Seconded by Knight, that the City accept the deeds and the roadway as constructed for City maintenance at the end of 167th Lane on the Osmon property. Motion carried unanimously. Council discussion was on the concern that this has been an unusual case with development going on in pieces, but that the road was not required to be upgraded to a blacktop standard as would be done with other developers. The engineer noted that when the road is improved, Mr. Osmon would be assessed at that time for the improvement. Regular City Council Meeting January 17, 1984 - Minutes Page 5 ENGINEERING RATES - BONESTROO, ROSENE, ANDERLIK Mr. Schrantz recommended approval of the BRA engineering rate and explained it is difficult to compare the rates with TKDA because of the difference systems used for determining their charges. Council still was concerned with the rate increase, some feeling that the justification of hours worked on a project done by TKDA is a better method and suggesting both firms use the same method of determining costs. Council asked Mr. Schrantz to give some thought as to how the two firms could use the same contract and place the item on the next Council Agenda. JUNKYARD LICENSES, CONTINUED Andover Auto Parts - The Clerk noted that she talked with Mr. Pears last Friday who wa,s',to brlng ln the cash deposit to cover the work on the fence, but she has received nothing. The fence has not been completed but the yard has been cleaned up. Because the yard is being litigated, no Council action was taken; and the Attorney was directed to continue with that litigation. Mom's Auto Parts - The Clerk stated she has not heard from them and no bond has been posted for uncompleted work. The Attorney advised at this point the license should be denied on that basis and that he should be authorized to commence legal action for operating without a license. The owner should be notified of that and their right to ask for a hearing within ten days. MOTION by Knight, Seconded by Elling, to so move. (See Resolution R009-84) Motion carrled unanimously. SChriptek Recovery Systems - The Clerk noted she has not heard from them and no bond has been posted for the uncompleted work. Mayor Windschitl suggested taking whatever action is necessary to close the operation at least until it is known what is taking place, noting there are tires allover the area. Attorney Hawkins stated there are two issues, the junkyard license and the conditions of the special use permit. They have made application for the junkyard license, it was tabled, and the action tonight could be to deny the permit giving them ten days notice for the hearing. One of the terms of the special use permit is the fencing and having a valid junkyard license. He believed the special use permit could be cancelled pursuant to Ordinance 8, which would require notice to the landowner, adjacent neighbors, public notice, and public hearing by the P & Z. The Clerk will check with the County to see if there are some other provisions in the permit that haven't been met, and all of those will be listed in the notice of public hearing for the cancellation. MOTION by Lachinski, Seconded by Elling, that we deny the junkyard license request for Schriptek, Inc., (See Resolution R010-84) Motion carried unanimously. MOTION by Lachinski, Seconded by Knight, that we refer the Special Use Permit for Schriptek, Inc., to operate a junkyard to the Planning and Zoning Commission for consideration of cancellation of that special use permit. Motion carried unanimously. SENIOR CITIZEN EMERGENCY DESIGNATION MOTION by Knight, Seconded by Lachinski, that we adopt the Statement of Agreement concerning the use of the facilities as food preparation center by the Minneapolis Area Chapter, American Red Cross, as presented, and authorize the Mayor to sign it. Motion carried unanimously. KENNEL LICENSE - R. NEHRT MOTION by Elling, Seconded by Knight, that we grant to Roy Nehrt at 16326 Verdin Street a Kennel License. Motion carried unanimously. Regular City Council Meeting January 17, 19S4 - Minutes Page 6 COMMUNITY SCHOOL REPORT Melanie DeLuca explained she has taken over the position .of Community School Coordlnator as of December 5. They are in the process of planning the summer program and asked for input on making the program more effective. She handed out community education summer program input sheets for suggestions, explaining the enrollment has been down in the enrichment classes except for the computer classes. Ms. DeLuca stated that the Andover Newsletter has gone out. Council discussion was on the problem of distributing those newsletters to Andover residents with a Cedar address. Councilman Knight stated their area did not receive the newsletter either. Discussion was on how to resolve that problem, suggesting possibly address labels will need to be used so they are delivered to all Andover residents. Ms. DeLuca stated she will work on this problem further. And the Council agreed to fill out the input sheet and return them to the City Hall before Thursday's Park Board meeting. Recess at 9:06; reconvene at 9:26 p.m. ANIMAL CONTROL CONTRACT MOTION by Elling, Seconded by Knight, that we accept the White Bear Animal Control contract for the year 19S4 at a rate of $408 per month. Motion carried unanimously. UTILITY BUDGET It was agreed to table the item until there is a full Council, possibly at the January 31 special meeting. MSA PROJECTS, 1984 Mr. Schrantz reviewed the status report of MSA Improvements for 1984 with the Council. He explained they are in the process of preparing the feasibility reports for 161st Avenue, 157th Avenue, and South Coon Creek Drive to be reported to the Council on February 7. To put the road in along the section line on 161st would mean taking out all the cottonwood trees on the south side of the road, but the pines have grown so much 'that it may not make that much of a difference anymore. He is also to put together a bonding program up to $450,000 for these projects. Mayor Windschitl stated there may be some interest on the west end of South Coon Creek Drive to install sanitary sewer this year, after which the road may be constructed through that area. Discussion was that there would be enough room to put an urban section through that area, but that a decision needs to be made whether to leave the alignment as it is on the west end or to straighten it out and go south of the existing alignment. Mr. Schrantz wasn't sure how he would conduct the neighborhood meetings with the affected property owners. Most Councilmembers indicated a desire to be included in those meetings. ROAD COMMITTEE DATE MOTION by Lachinski, Seconded by Windschitl, to have a Road Committee meeting on Tuesday, January 24. Motion carried unanimously. (Because of conflicting dates and additional meetings called for as a result of the events concering the hazardous waste in the City, this date was changed to February 13 later in the meeting.) HAZARDOUS WASTE/ORGANIZATION FOR GATHERING OF INFORMATION Mayor Windschitl explained because of the magnitude of the problem and the rapid rate at which things are happening, he wants to find a better way of gathering information, Regular City Council Meeting January 17, 1984 - Minutes Page 7 (Hazardous Waste/Organization for Gathering of Information, Continued) concerned that different information or impressions not be given by City representatives. He suggested several areas of concern with a councilmember in charge of one area or phase, as much of it is getting too complicated to have more than one person working on. The areas he proposed were: 1) The EPA and generators - The Mayor felt that the EPA would have control over the generators in this project and that the PCA would probably have little,or no involvement in it. 2) The PCA and the County - This would be to coordinate not only the hazardous waste pit but the south Andover site and whatever other things are happening. 3) Water Feasibility Study - The best answers he has been able to receive of anything coming out of the project at the landfill would be around June or September. This keeps getting delayed, and it is time some decisions are made. Council also noted the request by developer.sfor a water feasibi lity study. 4) Schriptek and the junkyard situations - This involves more than just existing junkyards, as there are problem in some other areas as well. 5) Legislative writing - Mayor Windschitl explained he has been meeting on the LGA matter. He has an agreement with Senator Dahl's office now, and he thought Representative Larson may carry the bill as well, that if he can get a bill written, they will carry it. The purpose of the bill would be to give Andover and Ramsey back the part that was taken away from the formula when 3,000 to 4,000 population was lost in 1977 or 1978. He felt that is the only feasible thing that the City could accomplish in this next session. As near as he could tell, it affects only Ramsey and Andover. It would simply re- position the City to where it should have been had they given us the correct population to begin with. The Mayor felt this will take up a reasonable amount of his time. The Mayor suggested Councilman Knight be the resource person for the water feasibility study since he is the only Councilman who is not potentially affected by an assessment, also asking that the question of real estate values be considered as a result of the hazardous waste problems. He recommended Councilman Orttel to be the contact person for the EPA and generators, Councilman Elling to coordinate PCA and County activities, and Councilman Lachinski to be the resource person for the Schriptek and junkyard areas. Mayor Windschitl stated he would be available for any help in any of the groups, but he does want to get some time into the government aid question. There was then a very lengthy Council discussion deliberating the merits of the Mayor's suggestions, how euch a system would work, speculation as to what will take place on the hazardous waste issues, suggestions to hiring a firm such as Hickok to act as consultant in these areas or perhaps hiring someone on a part-time basis to coordinate all the activities taking place in the City at this time, or negotiating with the County for a percentage of time of one of their employees, and expressing confusion and frustration over what has been taking place regarding the hazardous waste and water issues in the City. They also discussed the merits of the City going ahead with a water feasibility study on its own, the suggestion of having specific meetings, perhaps on a monthly basis, to keep current on what is taking place with these issues, and the suggestion of having those Counci lmembers who can to attend the meeting with the Regional EPA Director in Chicago next week. No final decision was made at this time as to how the problems should be handled, but because of the magnitude of the problems, several suggestions were made to seek professional help if the finances can be found to support it. It was also agreed Regular City Council Meeting January 17, 19S4 - Minutes Page 8 (Hazardous Waste/Organization for Gathering of Information, Continued) that because of the planned trip to the Regional EPA office in Chicago next week, the Road Committee meeting date set previously in the meeting should be changed. MOTION by Lachinski, Seconded by Elling, that we 'change the scheduled Road Committee meetlng date from January 24 to February 13. Motion carried unanimously. Council also generally agreed to meet on January 25, 7:30 p.m., to review the results of the meeting with EPA officials and update the events regarding the hazardous waste pit. It was felt the members of the Hazardous Waste Committee should also be invited to that meeting. COSTS/LGA LITIGATION Mayor Windschitl stated there is a meeting tomorrow night at the Ramsey City Hall in closed session to discuss the LGA litigation, and they have invited the Andover Council to be there as well. The Mayor felt that as many of the Councilpersons as possible should be there. He also explained that since the time Arnie Cox and Lloyd Schnelle were before the City Council on this issue, he has bad very little contact with them unt il recent ly and revliewed the couple meetings he had attended with representatives from Ramsey in recent months. But he did not get an indication from those meetings of any dollar amount or Andover's share. Ramsey had attempted to get other cities to join in this lawsuit but was unsuccessful. In briefly reviewing the cost breakdowns, it would appear that almost $29,000 is to their accounting firm who will be their expert witness. Council discussion was that there is no record of committing any specific amount to the lawsuit, that the intent was to help Ramsey out somewhat, that there would clearly be some significant benefits to the City if they prevailed on the lawsuit, the concern that the bill was run up so high without Ramsey keeping the City informed as to what was taking place, and that if the City was expected to pay half of the costs of that litigation, it should have the right to be involved in the decision making. Former Councilman Bob Peach - stated he talked with Lloyd Schnelle recently on this matter, and they have spent approximately $58,000 on this matter so far. He was to ld they have chosen to bill Andover solely for the expert witness expenses. They expect what will happen is the Legislature will work out a compromise with Ramsey and Andover, but not an across-the-board change in the State Aid formula. He understood they are continuing with the lawsuit, but they expect it will be settled before it goes to court. He couldn't remember what amount he was thinking of as Andover's share in this matter, but he guessed it was $5,000 to $10,000. His thought was Andover would participate in an equal percentage with the rest of the cities; however, no other cities chose to join in the suit. In looking at the formula, his thought was that if it were straighted out, the City should easily recover the $10,000 or $20,000 of the cost. Council generally felt that they should have been informed of these costs much earlier but that no decision on the matter should be made until after attending the meeting in Ramsey tomorrow evening. ANDOVER VOLUNTEER FIRE DEPARTMENT Mr. Schrantz requested permission for the Fire Department to use the Community Center Saturday evening for their belated Christmas party. MOTION by Lachinski, Seconded by Elling, that the Fire Department be allowed to use the Senior Citizens Center for their annual get-together on January 21. Motion carried unanimously. Regular City Council Meeting January 17, 1984 - Minutes Page g ECONOMIC DEVELOPMENT COMMITTEE REPORT Bob Peach reported that very little has been done with the Economic Development Committee. At the same time he was appointed to the Andover EDC, Commissioner Haas appointed him to the Anoka County Private Industry Council, which grew into the East Metro Service Delivery Area Private Industry Council for four counties, Anok~ Ramsey County outside of St. Paul, Dakota, and Washington. That is the unit of government that will take the place of CETA. CETA was operated by the Department of Labor, and the new law called JTPA, Joint Training Partnership Act, will be operated by a locally appointed group called the Private Industry Council, which is primarily business people. This committee is revamping the entire way that training programs are operated and funded, and that has taken a lot of time, so he has done very little with the EDC. Mr. Peach noted he has several applications for the Andover EDC, but the Committee would either like some direction from the Councilor be directed to do what they want and bring back recommendations to the Council. Mayor Windschitl stated the CDBG monies the City will be receiving can be used to buy down property for economic development. Mr. Peach stated he attended a meeting recently on the County's allocation of CDBG funds, and they will be tying three years' worth of funds together with five or six communities so each community will receive a larger amount at one time. Because Andover will be receiving the largest allocation, it was tentatively agreed that Andover would receive its total allocation of approximately $129,OOO in 1986. If the Council is looking to use that money for economic development, it would fit well into the EDC plan, which would be basically get organized in 1984, put together a good plan in 1985, and implementing that plan in 1986. Mr. Peach felt that there may be some monies available in 1985 that could be used for seed money if needed. [here was a brief discussion on the Council's desire to buy down some of the junkyard property along Bunker Lake Boulevard. Some felt if the money could be received sooner, they would rather spend the money now if a reasonable plan could be put together. Council also asked Mr. Peach to submit the names of those individuals wishing to be appointed to the EDC and agreed the Committee should look at developing the blighted area along Bunker Lake Boulevard. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 7466 through 7517, with the exception of 7494, for a total of $638.057.06. Motion carried unanimously. MOTION by Knight, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 11:56 p.m. Respectfully submitted, ~~~ Mar ella A. Peach Reco ing Secretary