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HomeMy WebLinkAboutCC January 3, 1984 >, - ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 3, ~ n"': i AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Variance/Gardner-Bialke b. Rezoning/Sonsteby c. Junkyard Licenses e. Schriptek, Inc./Trailer d. 1984 Utilities Budget f. M.R. Olson-Land Filling 5. Non-Discussion Items a. Final Payments-Imrovement Projects ~ ResoIution/Hazardous Waste Storage u. c. Appoint Deputy Treasurer d. 6. Organizational Items a. Appointment of Acting Mayor b. Designation of Legal Newspaper c. Selection of Official Depositories d. Review of Council By-Laws e. Approval of Official Bonds f. Special/Standing Committee Appointments g. Appointment of Commissiün Members h. Appointment of Commission Chairpersons 7. Reports of Committees, Commis3ions, Staff a. Personnel Committee 8. Approval of Minutes 9 . Approval of Claims 10. AdjOllrnment Clry 01 ANDOVER '- M E M 0 RAN 0 U M TO: " n n - CO PI ES TO: TTORNEY STAE FROM: CITY CLERK 'A DATE: D MEER 28 I REFERENCE: REGULAR COUNCIL MEETINC-l /3/34 -AGENDA COM:ŒNTS Ittm No. 3 - Aqenda Approval Please delete Item No. 5b - Hazardous Waste Resolution Item No. 4a - Gardner/Bialke Variance TO-date I have not received any materials from the applicant, per Council request at the December 20 Meeting. Item No. 4b - Rezoning/Sonsteby Attached is the Planning and Zoning Commission recommendation for Mrs. Sonsteby to withdraw her request for Neighborhood Business; and to ask the city Council to consider the original request of the General Business Rezoning. Neighborhood Business could not be allowed for the entire area because of the total size of the property-- City ordinance indicates a Neighborhood Business to be S acres or less. Mrs. Sonsteby did inform the City Council she was interesteù in puatting a "large grocery store" on the property; this would not be permitted in a neighborhood business district. Also attached is another letter from the City of fu,oka expressing their opposition to any rezoning to this area. The Township records do show that ¡-Irs. Sonsteby did have the property zoned "corrunercial" prior to the adoption of Ordinance No. 8 and the Official Zoning Map. ¡,;¡hen the Hearings were held for the adoption of No. 8/Map, Mrs. Sonsteby was present and no record of objection for the current zoning was indicated. It appears that when Ordinance No. 8/Map was drafted, various areas were rezoned to zonings compliant with the Comprehensive Plan and in keeping with the uses conducted on the properties at that time. Up until the adoption of Ordinance No. B/Map, there were only two zonings in the City, i.e., Residential and COfi@ercial, without any specific guidelines for either as to uses. Item No. 4c - Junkyard Licenses All those applications discussed at the December 20 ¡'1eeting, have been reviewed again for compliance; and letter sent to all those owners requiring work on their property (see attached). I have received calls from two of the applicants, Schriptek, Inc. and Anoka Auto Wrecking. They have both been advised of the bond amount for the work not done. Agenda Comments Regular Meeting - January 3, 1983 Page 2 Item No. 4c - Junkyard Licenses (continued) Anoka Auto Wrec~ing has all the material for the rence, which will be inspected before the meeting. Item No. 4d - 1984 Utilities Budqet Attached is the proposed 1984 Utilities Budget. You will note I have made some cuts in various areas; this gives us a balanced budget with a surplus in all funds. Item NO. 4e - Schriptek/ Construction Trailer The building being used as an office by Schriptek, Inc., was burned/ totally destroyed on Tuesday of this week. /1r. Slaback is asking for approval to bring in a small mobile home (similar to the one being used by Forest Lake Contracting, parked at City Hall). Ordinance No. 6A does allow for construction trailers to be parked in the City for those firms with "projects" in the City. I was not certain as to whether this would qualify, which is why this is on the Agenda. I1r. Slaback was requested to bring a photograph of the trailer to the meeting. Item No. 4f - Fillinq/M.R. Olson You have received a copy of a letter to Mr. Olson about the filling of a low area on his land with demolition debris. The activity has temporarily stopped to allow time to secure whatever permits are necessary. /,1r. Olson indicated to me that he would only be dumping somewhat less than 400 cu. yd. on each parcel; if this is the case a Special Use Permit is now required. Anoka county has agreed not to issue the "Cleanfill Demolition" Permit until after the City has reviewed and commented on this request. Item No. Sa - Final Payments/Improvement Projects Attached are memos from the City Engineer covering final acceptance and payments for those improvement projects completed in 1983. A motion will be needed on each. Item No. 5b - Resolution/Hazardous Wastes The storage area has been checked by Mr. Elling; he feels this storage would fit into the "one year retainage" category, rather than the 30-day, therefore, the resolution to the PCA is not necessary. Item No. 5c - Appoint Deputy Treasurer Please consider this my formal request to appoint Shirley Clinton as Deputy Treasurer. Such a designation would allow Shirley to sign documents, checks, etc. in my absence. Her accounting knowledge and conscientiousness more than qualifies her for this responsibility. Item No. 6a-Appointment of Actinq Mayor m Ken Orttel has acted in this capacit¥ since 1978. The nominations are made by motion, with a vote taken af er each. Agenda COffiL'T¡en ts Regular Meeting - Jafiwary 3, 1983 ~ Page 3 - Item No. 6b - Desiqnation of Legal Newspaper It is recommended that both the Anoka Union and the Anoka Shopper be designated as the legal newspapers. Many times there are items of interest to all residents of the City; inasmuch as only a small percentage subscribe to the Union, publication in the Shopper would go to everyone. Item No. 6c - Selection of Official Depositories The majority of our deposits will be at the First National Dank of Anoka, however, it is recommended that a statement be included in the motion to allow temporary investments to be made at other banks or savings institutions as determined by the MaYOr and Clerk. Item No. 6d - Review of Council By-Laws NO action should be needed on this inasmuch as these By-Laws were just recently amended. Item No. 6e - Approval of Official Bonds A motion is needed to approve the following: Clerk/Treasurer ( 2) - $25,000 each (1/1/84-12/31/84) Employee Blanket - $35,000 " " Item No. 6f - Special/Standing Committee Appointments The Council By-Laws require two Standing Committees, i.e. , Personnel and Finance. Two Councilmembers are required on each co~~ittee, along with any residcnts who might be interested. All other Special Committees mayor may not include Councilmembers. Those Committees are: Road, Hazardous Wastes, Capital Imrovements. Appointments are made by the Mayor with approval by the Council. Item No. 6q - Appointment of Commission Members Planninq & Zoning CO~"11ission - Two persons are needed; one to fill the unexpired term of Rich Schreiner to 12/31/85--Maynard Apel has reapplied for a 3-year term expiring 12/31/86. An ad is running in the Anoka Union/Shopper at the present time. Park & Recreation Commission - One vacancy exists--Merlyn Procniak and Bill LeFebvre have reapplied for 3-year terms expiring 12/31/86. An ad is currently running in the Anoka Union/Shopper. Item No. 6h - Commission Chairman Due to other co~~ittments, d'Arcy does not wish to serve another term as Chairman of the p&Z and is recommending Marg Perry. Steve Nichols has indicated he would serve as Chairman of the Par~ Board for another year. Item No. 7 - Personnel Committee It is reco~~ended that a Special Meeting be set for the Council to discuss the proposals and adopt pOlicies. Attachments · ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 3, 1984 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on January 3, 1984, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None A lso present; City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Commissioner, Don Spotts; City Building Inspector, David Almgren; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Rosella Sonsteb~ - noted at the last meeting the Council asked for an easement off Woodblne of 60x 20 feet for a turnaround. She was advised by a person who plows snow in another township that only 60x60 feet should be needed. Council discussion was that only a temporary easement is to be provided and enough room is needed to turn the equipment around and possibly push snow to one end without getting into a trespass s ituati on. If a normal cul de sac were required, over 11,000 square feet would be required; but the City is only asking for 7,200 square feet for this easement. Mr. Scharntz was satisfied with what was determined at the last meeting for the size of the temporary easement. Carroll Abbott, 2917 142nd Lane NW - expressed concern about the safety in the Green Acres area wlth snowmobllers using the roads. He noted an incident this evening of his nearly hitting a snowmobiler while backing out of his driveway, the snowmobiler driving on the wrong side of the road, without lights, and at a very high speed. He emphasized the danger of the way the snowmobilers drive in the area, expressing con- cern for the safety of the residents. He stated he knew who the kids are who are causing the problems, but was concerned about reprisals against himself if he provides names to the Sheriff's Department. Council discussion with Mr. Abbott was the names of those making the complaints are kept confidential and that the Deputy could talk with the parents of the kids causing the problems. The Clerk and Mr. Abbott were asked to talk with the Deputy about the problem. Mr. Schrantz was also asked to see if something could be done to get the ice off the road, which would then prevent the snowmobilers from driving on the road. AGENDA APPROVAL MOTION by Lachinski, Seconded by Orttel, that we approve the Agenda as published. Motlon carried unanimously. VARIANCE/DeGARDNER-BIALKE Attorney Hawkins stated he reviewed the documents and legal descriptions as to how the problem arose, and he presented a Resolution approving the reconveyance of the parcel leving just a sliver of land where the tennis court is. (Reference the discussion of this item in the December 20, 1983, Minutes.) MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving the metes and bounds conveyance of property for part of the North one-half of the Northeast Quarter of Section 12, Township 32, Range 24, Anoka County, as described in the Resotlution prepared to allow the conveyance of the metes and bounds parcel smaller in size than five acres. (See Resolution ROOl-84) Motion carried unanimously. Regular City Council Meeting January 3, 198~ - Minutes Page 2 REZONING/SONSTEBY Commissioner Spotts reviewed the Planning Commission's discussion and recommendation of December 13 to approve the original rezoning request of the property off Seventh Avenue to General Business. They also suggested the City Council review the legality of the 1969 rezoning and the current zoning to determine which is correct. The Clerk explained in the 1960s the City had only two zones, residential and commercial. Before Ordinance 8 was adopted, the Town Board held hearings for the adoption of the new zoning map to correspond with Ordinance 8 and the Comprehensive Plan, and that is when the property became zoned NB and M-2. Rosella Sonsteby - argued whoever put the lines on the map did not read the legal descrlptions of the property, as the zonings are upside down from the way it should have been. Attorney Hawkins stated when the City rezones property, if the parcel is over five acres in size and the proposed zoning change is advertised in the papers, the City can rezone without notification to the individual property owners. In this case, that is what was done, and the action appears on its face to be proper. Ms. Sonsteby - stated she has talked with her Representative, and argued that only First Class Cities are allowed to rezone property over a certain size without notifying the individual property owners. She provided a roughly drawn map of what she had proposed for that land in the 1960s. She requested the land be rezoned to General Business, stating she does not want the Neighborhood Business zone on it. She felt she was misrepresented at the Council meeting where she had withdrawn her request for the GB zoning on this property. She charged she withdrew her request at the time because the Council told her she needed an NB zoning for a large grocery store; but the Council should have known she couldn't put a large grocery store in an NB zone. Mayor Windschitl stated that a grocery store is not a stated use in the GB zone, and that the GB zone does not allow Ms. Sonsteby to do what she wants to do. He then asked the Attorney whether the Council could legally consider the GB zoning request in light of the withdrawal of the request. Attorney Hawkins stated she withdrew her request and was allowed to amend her application to NB and present that to the Planning Commission. The notice had been published and Council considered the GB classification, feeling all the requirements of the ordinance have been met as far as notifications. He would not deem it to be illegal if the Council wanted to reconsider the request originally filed for GB because it has been done before, everyone was notified, the request for changes were at public meetings, and it is not changing to a new zoning classification that has never been published. Council discussion noted acreage north of the proposed right-of-way line for County 116 is 18.4 acres and questioned where the proposal came from that an NB zone must be five acres or less, because the maximum size of the zone is not stated in the ordinance. The item was postponed to later in the meeting to allow the Attorney and Clerk to research the maximum size for NB zones. JUNKYARD LICENSES Council reviewed the status of the various junkyards as noted in the Clerk's January 3, 1984, memo: K & K Salvage - The yard meets all requirements of the ordinance. MOTION by Orttel, Seconded by Knight, that we approve the Junkyard License for K & K ~alvage at 2050 Bunker Lake Boulevard. Motion carried unanimously. Andover Auto Parts - The yard is being litigated. Anoka Auto Wrecking - The Clerk advised that'all the materials are on site, but a bond should be for the labor to complete the fence. Mrs. Lorràine Jellison - presented a Regular City Council Meeting January 3, 198~ - Minutes Page 3 (Junkyard Licenses, Continued) memo to the Mayor stating they have applied for a bond, but it has not yet come through because of the long holiday weekends. It was generally agreed that the item be tabled to the next meeting to allow for the receipt of that bond. The City must also supply an estimate for the bond for the labor to complete the work. Bob's Auto Parts - The yard is in compliance with the ordinance; however, there is snow pushed against the gate so it cannot be closed and the chain link fence in front of the parking area is knocked down, but that fence is not required by the ordinance. MOTION by Orttel, Seconded by Knight, that we approve the Junkyard License renewal for the calendar year 1984 for Bob's Auto Parts at 1950 Bunker Lake Boulevard for its owner, Jerry Haluptzok. DISCUSSION: Council questioned if the junkyard license can be transferred to a new owenr. Attorney Hawkins advised the transfer of property cannot be used as a condition for denial or renewal of a junkyard license. Motion carried unanimously. Commercial Auto Parts - The license application and fee for 1984 have not been received, and the Attorney was directed to commence legal action for operating without a license. Mom's Auto Salvage - The gate is not solid, a piece of fence is still needed between the existing fence and the berm on the east side, and there are a number of junk vehicles outside the fence on the west side. It was generally agreed that the item be tabled to the next meeting to allow for the receipt of the bond to complete the work. Rite-Way Auto (Batson) - The application and fee have not been received, and the Attorney was directed to commence legal action for operating without a license. Schriptek Recovery Systems - The Clerk stated all items have been received, the City has a $2,000 performance bond, but the bond covering the fence has not been received. Mayor Windschitl expressed concern over the dumping of tires outside the fence very near to or on the right-of-way line that has occurred this past week. It was generally agreed that action on the license be tabled to the next meeting to allow for the receipt of the bond to complete the work. Wilber's - The Clerk stated the bond for the uncompleted work has not been received, but they now have the materials on site. Mrs. Wilber - stated they were told by Mr. Mistelski that he would be putting up a fence around his business on the corner of Jay Street, so they have not put up their fence because it would just be a duplication to have two fences in the same area. They do have the slates, but they have been waiting to put them in. Council informed her that that business (All-Imports) may not be allowed to operate because of violations to their special use permit. She was also told the City will notify them of the specific bond amount needed to complete the work. Mayor Windschitl also noted the problem of vehicles out in front. Mrs. Wilber - stated there are only two junkers in front right now; all the others are customer's or those belonging to other people. It was generally agreed that the action on the license be tabled to the next meeting to allow for the receipt of the bond to complete the work. All-Imports - Council questioned the conditions of the Special Use Permit on this business. Action was taken on this matter later in the meeting. Bob Pears, owner and lessor of Andover Auto Parts - wasn't aware of the problems with the fencing. He is having a problem with his renter. The Clerk stated the fence is fine, but there is one area on the south side that has approximately a 50-foot gap, and there are so many cars in front that the fence cannot be seen. Mr. Pears - stated he has not been able to contact his attorney. He agreed there is some fence that needs to be put up approximately 500 feet from the road. All the trees ~ Regular City Council Meeting January 3, 1984 - Minutes Page 4 (Junkyard Licenses, Continued) have been planted but six. He stated he can't argue the point about the cars in front, but he is working on that. Attorney Hawkins stated the status of the yard is that a lawsuit has been commensed, the City Council allowed Mr. Pears some additional time to take care of these problems so he did not require the attorney to answer the com- plaint, the things did not get done, and after the last Council meeting he notified the attorney that he must answer the complaint or the City would proceed by default to have the operation closed down. The Council can either require a bond as is being done with the other yards, continue to grant an extension to answer the complaint, or the complaint must be answered in two weeks and proceed with litigation to close it down. Mr. Pears - stated the letter he received from his attorney was dated December 28, and prlor to that he was not aware anything was going on. Attorney Hawkins stated he spoke with his attorney before Christmas. No Council action was taken on Andover Auto Parts. MOTION by Knight, Seconded by Orttel, that we table the requests of Mom's Auto Parts, Wllber's, Anoka Auto Parts, and Schriptek until the next meeting pending receipt of the bond, the amount of the bond to be determined by City Staff within the next two working days, the bonds to be payable to the City if, construction is not completed by May 1. Motion carried unanimously. REZONING/SONSTEBY/CONTINUED The Clerk stated they could find nothing that indicates a Neighborhood Business zoning must be less than five acres. Ms. Sonsteby - read several sections of the State Statute to support her contention that only First Class Cities have the right to rezone properties over a certain size without notifying the individual property owners, and Andover is not a First Class City. Again, she stated as far as she is concerned her property is zoned commercial and she wants it zoned for General Business. She does not want an NB zoning because she is not able to construct a large grocery store in an NB zone. Council asked for a definition of a "large" grocery store. Ms. Sonsteby - stated a big one. Daniel Peitso - asked the number of square feet of the store. Ms. Sonsteby - guessed it would be twice as big as Applebaums. Councilman Elling was concerned wlth commercial business of that size as it relates to the sanitary sewer issue. Ms. Sonsteby - stated she was going to ask the Council to request the City of Anoka that she be allowed to hook up to their sewer and water. Councilman Elling then reviewed the ordinance as to permitted uses under the NB and GB zones, emphasizing that retail is not a permitted use in the GB zone. Ms. Sonsteby - again stated she does not want an NB zoning. It was commercial and she now wants it General Business because she feels that that area is better for General Business. Mayor Windschitl asked for a Motion to formally hear Mrs. Sonsteby's request for a General Business zoning. MOTION by Elling, Seconded by Orttel, to so move. Motion carried unanimously. Commissioner Spotts indicated in the Ordinance, Page 11, indicates retail shopping in the GB zone. Council noted it is only by special use, but it is not one of the designated uses. Council discussion was on the concern of granting a blanket rezoning without having a plan or knowing what is going in there, as such plans have been presented by the develoþers for, simi liar rezonings in the City in the past. The Engineer was asked if this area could be served by the Coon Rapids Interceptor. Mr. Schrantz stated it cou ld not be. Discussion was also on the P & Z recommendation in support of the rezoning and their comments that it was borne out by the Comprehensive Plan, with Regular City Council Meeting January 3, 1984 - Minutes Page 5 (Rezoning/Sonsteby Continued) the Council relating portions of the Comprehensive Plan that would support denial of the requests, without such supporting data as a feasibility study and site plans, and that the area should not be developed until the CAB Interceptor is available. Council also discussed a possible increase in the value of the land if rezoned, thus increasing the right-of-way acquisition costs for the proposed County 116. Ms. Sonsteby - stated her land would be worth more without that right of way because they will be taking 150 feet and the road will be dug down so there will be hills on either side. She also asked if she would then need a service road when the property is developed, which would reduce the total amount of developable land she would have. MOTION by Elling, Seconded by Lachinski, directing the Staff to prepare a Resolution denYlng the General Business rezoning from the existing Neighborhood Business zone and M-2 zone due to the fact that 1) it is not in compliance with the Comprehensive Plan of the City; 2) that the proposed use presented to the Council tonight would not be a permitted use within that zoning; and 3) that at this time it is not appropriate to rezone the property due to sewer and water not being available for heavy zoning; and 4) that the rezoning would have a detrimental affect on some of the surrounding area as some of the uses within that zone classification are inconsistent with the neighborhoods or development that has already taken place in that area. (See Resolution R002-84) Moti on carried unanimous ly. ' Ms. Sonstebh - asked for the Council's approval to annex her property to the City of Anoka, as s e plans to petition for that. Mayor Windschitl explained it is very difficult to do so and he personally would not be in favor of it. M. R. OLSON - LAND FILLING Mayor Windschitl was concerned with the proposal because Anoka County does have a designated cleanfill demolition landfill. The dumping has been temporarily stopped because a county permit is needed, and Anoka County has agreed not to issue the Cleanfill Demolition permit until after the City has reviewed and commented on this request. The debris is coming from the demolition of a school in the Minneapolis School District. Mr. Olson - stated the debris is cement block and concrete. There is a very small percentage of rebar in the foundation. If the Council doesn't like that, they will take it out. He has over two acres of swamp that he could put to good use and the City could then collect taxes on if he could get it'filled. He wants to improve his property because he needs the parking space. He talked with the County two years ago and was told he didn't need a permit, so that is why he went ahead with it. Now he is told he needs a permit. In the meantime they have stopped a construction project. The school is half tore down and they will not wait four to six weeks for a special use permit. So he is proposing only dumping 400 cubic yards in each parcel, which is allowed without a City special use permit. In the meantime they will apply for a special use permit to fill in the remainder of the swamp, stating they want to comply with all City ordinances. The level of the property will not be raised, as it will still be way below road level. Mayor Windschitl was concerned with the definition of cleanfill demolition landfill classification and again expressed concern with the material content, especially the asbestos content. Mr. Olson - reviewed the County definitions of cleanfill being limited to clean concrete, concrete blocks, brick, or similiar inert materials acceptable to the Department. He is not asking for a demolition permit, but for a cleanfill permit. The concrete block and bricks that would be filled in his swamp is pulverized into powder and makes a beautiful fill for a swamp. Regular City Council Meeting January 3, 1984 - Minutes Page 6 (M. R. Olson - Land Filling, Continued) Dale Cish, Cish Trucking - the contractor on the demolition project - stated this particular project is very rare þecause there is no wood; it is strictly a masonary project. And on any project, the asbestos is stripped out to meet PCA requirements. He also explained where other portions of this project are being dumped and how they are used. All they are asking is to dump, meeting the City and County specifications. He stated there'is no wood and no rebar in this project. MOTION by Orttel, Seconded by Lachinski, that. the City of Andover be on record of okaying the County of Anoka issuance of a permit to M. R. Olson at 2148 Bunker Lake Boulevard for the installation of 400 cubic yards per parcel of cleanfill as defined by County ordinance, that being concrete and concrete products. DISCUSSION: The Mayor was still concerned that what is not being approved at the County is a cleanfill demolition, noting schools have been notorious for their asbestos content. Councilman Orttel noted the motion clearly states only concrete and concrete products. Mr. Cish - explained the material is brought out in block form, and as it is driven over, the top gets to be a crusty layer; and the rain hardens it to a finished product. He also explained they are required to contact the PCA, who checks the job before they start demolition to be sure all the hazardous wastes are out of these projects. The asbestos that is in the schools is removed before the project begins. Mr. Almgren - was concerned from a building standpoint that there be no peat under thlS fill. Mr. Olson - stated there is no peat but just sand. Discussion continued on the request, after which Councilman Orttel ADDED TO THE MOTION: subject to Anoka County checking with the Pollution Control Agency to verify the fact that asbestos or hazardous materials are not included in the fill. Second Stands. Motion carried unanimously. FINAL PAYMENTS· IMPROVEMENT PROJECTS MOTION by Orttel, Seconded by Elling, a Resolution accepting work and directing final payment to U. D. Contracting, Inc., for Project No. 1982-7, Street Improvement - Russell/Stack Addition and 165th Avenue as prepared in the amount of $6,125.22, the money to be held until all final documents are received from the contractor as delineated by the Engineer. (See Resolution R003-84) Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, a Resolution accepting work and directing flnal payment to Forest Lake Contracting for Project No. 1983-4, Street Improvement - Prairie Road, in the amount of $10,223.89. (See Resolution R004-84) Motion carried unanimously. MOTION by Elling, Seconded by Knight, introducing a Resolution accepting work and dlrecting final payment to Forest Lake Contracting for Project Nos. 1982-3, 1982-4, and 1982-5, Street Improvement - 157th Avenue NW, 173rd Lane NW, and Prairie Road. (See Resolution R005-84) Motion carried unanimously. Recess at 9:20; reconvene at 9:36 p.m. RED CROSS Dan Peitso, representative of the Red Cross for Anoka County - asked to make a formalized agreement with the City to use the Senior Citizens Center as a food preparation place in case of another disaster to this area. They have a form for such an agreement that the Council can consider and adjust if so desired. He left a copy of that form with the Clerk. Mayor Windschitl expressed the City's ,appreciation for the efforts of the Red Cross during the storm this summer, stating the City would be happy to work with the Red Cross in any way possible. ~ Regular City Council Meeting January 3, 1984 - Minutes Page 7 SCHRIPTEK RECOVERY SYSTEMS, INC. The Clerk explained the building being used as an office by Schriptec was burned last week, and Mr. Slaback is asking for approval to bring in a small mobile home to be used for his office. There was a brief discussion on the issue, with the Council generally feeling if one was allowed, it would only be temporary, treated as other temporary mobile home permits while a permanent structure is constructed. Because Mr. Slaback was not at the meeting, it was agreed to table the item. MOTION by Elling, Seconded by Orttel, that we table this item to the next scheduled meetlng. Motion carried unanimously. RESOLUTION/HAZARDOUS WASTE STORAGE Councilman Elling explained the regulations of the EPA for temporary storage of hazardous material is subject to interpretation. There is short-term storage of less than 30 days, or for more than 30 days but less than one year. In the way the hazardous waste is stored at Schriptec, it does not meet the regulations. Council discussion was the concern over the way the hazardous material is being stored out there and over the lack of any communication from the PCA or EPA about what they are doing, the analysis of what is being stored, or what they' intend to do with the hazardous waste in the future. MOTION by Elling, Seconded by Knight, that we direct the City Administrator to prepare a Resolution to the PCA with copies to the County regarding the temporary storage of the hazardous waste at the South Andover site. Motion carried unanimously. Council also reviewed the letter from Hickok and Associates âsking for authorization to represent the City at various meetings concerning the landfill in Andover. MOTION by Elling, Seconded by Knight, that we approve the expenditure up to $1,500 for Hickok and Associates to represent the City at various EPA and PCA contractor meetings as authorized by the City Clerk or Mayor; and after attendance of the meeting, to make reports to the Council. Motion carried unanimously. APPQINTDEPUTY TREASURER MOTION by Knight, Seconded by Lachinski, that we appoint Shirley Clinton as Deputy Treasurer as of January 1, 1984. Motion carried unanimously. APPOINTMENT OF ACTING MAYOR MOTION by Knight, Seconded by Lachinski, that we appoint Ken Orttel as Acting Mayor for the year 1984. VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; PRESENT-Orttel Motion carried. DESIGNATION OF LEGAL NEWSPAPER MOTION by Orttel, Seconded by Lachinski, that the Anoka County Union and Anoka County Shopper be designated as legal newspapers for the City of Andover. DISCUSSION; was on whether the Scottsman should also be included, feeling they should be asked if they would provide that community service. Councilman Elling also suggested the possibility of installing signs in certain areas of the City to post the dates of meetings and events, and he was asked to look into this further. Motion carried unanimously. Regular City Council Meeting January 3, 1984 - Minutes Page 8 SELECTION OF OFFICIAL DEPOSITORIES MOTION by Lachinski, Seconded by Orttel, that the City Council designate the First National Bank of Anoka as official depository for the City of Andover and that other banks or savings institutions as determined by the Mayor and Clerk be allowed to be used for temporary investments. Motion carried unanimously. APPROVAL OF OFFICIAL BONDS MOTION by Knight, Seconded by Elling, to approve the bond of $25,000 each for Clerk/ Treasurer and $35,000 Employee Blanket. Motion carried unanimously. SPECIAL/STANDING COMMITTEE APPOINTMENTS Mayor Windschitl recommended the Council remain on the same committees as 1983 but to reverse the chairmanship. Councilman Orttel would chair the Personnel Committee; Councilman Knight would chair the Finance/CIP Committee; Councilman Lachinski would chair the Road Improvement Committee; and Councilman Elling would chair the Hazardous Waste Committee. MOTION by Orttel, Seconded by Lachinski, that the Council approve those Committee appointments for Standing Committees as recommended by the Mayor. Motion carried unanimously. APPOINTMENT OF COMMISSION MEMBERS MOTION by Elling, Seconded by Orttel, that we reappoint Maynard Apel to a three-year term expiring December 31, 1986, to the P & Z. Motion carried unanimously. There was a brief discussion on the issue of the challenge by some residents of the Building Inspector's decision after the storm as to the percentage of damage done to a mobile home in Nordeen's Addition. It was agreed to have all the documentation collected and put on the next Agenda for Council action. MOTION by Knight, Seconded by Orttel, the reappointment of Merlyn Prochniak and Bill Lerebvre for three-year terms expiring 12-31-86 to the Park and Recreation Commission. Motion carried unanimously. Council also agreed to advertise for the establishment of a Senior Citizens Committee. COMMISSION CHAIRMEN Mayor Windschitl reported d'Arcy Bosell does not wish to serve another term as Chairman of the P & Z, and he recommended Don Spotts for that position. Discussion was on the possibility of rotating the Chairmanship each year as had been done in the past, the Council generally thinking that may be a good idea. MOTION by Lachinski, Seconded by Elling, that we appoint Don Spotts as Chairman of the Planning and Zoning Commission until December 31, 1984. Motion carried unanimously. Mayor Windschitl recommended Steve Nichols be reappointed Chairman of the Park and Recreation Commission. MOTION by Elling, Seconded by Knight, that we appoint Steve Nichols as Chairman of the Park Board for the year 1984. Motion carried unanimously. PERSONNEL COMMITTEE MOTION by Elling, Seconded by Lachinski, that we set a special meeting of the City Councll for 7:30 on January 31 for the purpose of discussing proposals and adopting policies for personnel. Motion carried unanimously. Regular City Council Meeting January 3, 1984 - Minutes Page 9 ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Frank Stone invited the Council and their wives to attend a Stress Seminar being put on by the Fire Fighters Women's Auxiliary on Thursday, January 19. He also informed the Council of an accident one of the fire trucks was involved in last Friday, though it was not the fault of the driver of the truck. ALL-IMPORTS/SPECIAL USE PERMIT CONDITIONS MOTION by Orttel, Seconded by Lachinski, that we direct the issue of the special use permit for the junkyard located at 1832 Bunker Lake Boulevard be referred to the Planning and Zoning Commission for consideration of revocation of the special use permit due to noncompliance with Ordinance 44 and other provisions of the ordinances. (See Resolution R006-84) Motion carried unanimously. 1984 UTILITIES BUDGET Mr. Schrantz stated the only major difference in the utility budget is the inclusion of funds for a utility vehicle; otherwise it is similiar to last year. Counci 1 gave a cursory review of the budget, expressing concern that the figures be determined as to when it is expected the water system will become completely self-supporting and questioning what is causing the increase in expenditures for the water system in the proposed 1984 budget. $35,000 is proposed to be borrowed from the capital fund versus $18,200 in 19S3. It was agreed before discussing the budget any further that the Clerk close out the funds for 1983 so more accurate figures may be used for proposing the 1984 budget. MOTION by Orttel, Seconded by Elling, introducing a Resolution setting rates for permlts, connection fees, services and water usage pursuant to Ordinance 55, Section 3 and Resolution R101-81 as presented by the City Engineer. (See Resolution R007-84) Motion carried unanimously. APPROVAL OF CLAIMS Council discussed the problem of budgeting and payment since the Fire Department's salary year is different than the budget year. It was agreed a motion to make the pay raises effective November 1 should solve the problem for this year. The matter will be looked at again at the end of 1984. MOTION by Lachinski, Seconded by Orttel, that we approve Claims 7492 through 7465 in the amount of $24,050.48. Motion carried unanimously. MOTION by Orttel, Seconded by Lachinski, that the pay raises approved for the Fire Department and officers be effective retroactive to November 1, 1983. Motion carried unanimously. MOTION by Lachinski, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 11:21 p.m. Respectfully submitted, ~CL~~ Marc lla A. Peach Recor . g Secretary