HomeMy WebLinkAboutCC October 16, 1984
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING-OCTOBER 16, 1984
AGENDA
1- Call to Order - 7:30 P.M.
2. Resident Forum
a. Round Lake Boulevard Speed Limits
3. Agenda Approval
4 . Discussion Items
a. Variance - B. Gusk
b. Lot Split - D. Kirchner
c. Amended Special Use Permit - Meadowcreek Baptist Church
d. AmenQed Special Use Permit - Wm. Rademacher/Bill's Superette
e. Variance - Knudson/Steinbring
f. Water Service - Good Value Homes, Inc.
g. Warning Devices
h. Abatement - Dangerous Building
i.
5. Non-Discussion Items
a. Contract Award-MSA84-8 (South Coon Creek Drive-West)
b. Adequacy of Petition/Feasibility Study - Temple-Howard Addn.
c. Approve Judges - General Election
d. Set Date - November Meeting
e. ApPointment-Park & Recreation Commission
f. Authorization - Equipment Purchases
g.
h.
6. Reports of Commissions, Committees, Staff
a. Fire Department
b.
7. Approval of Minutes
8. Approval of Claims
9. Adjournment
~ 01 ANDOVER
M E M 0 RAN 0 U M
TO:
COPIES TO: ATTORNEY
FROM: CITY CLERK
DATE: OCTOBER 11
REFERENCE: AGENDA COMMENTS - OCTOBER 16 REGULAR MEETING
Item No. 2 - Resident Forum
We have had a request from some residents on Round Lake Boulevard to
adopt a resolution asking the County to consider a speed limit change
on this street. There will be a representative at the meeting.
Item No. 3 - Aqenda Approval
Please add Item No. 4h - Abatement/Dangerous Building and Item No. 5b-
Feasibility Study/Temple-Howard Addition Improvements.
Item No. 4 - Variance/B.Gusk
Mr. Gusk is requesting a variance from the provisions of Ordinance 8U,
covering building size vs lot size. He wishes to construct a 1440 sqft
pole building on his property on 161st Avenue NW. The ordinance
prohibits both the size and the metal building on a lot containing
l-acre with a principal structure of 1,100 sq.ft. Planning and Zoning
is recommending denial of the request, noting a hardship does not
exist as defined by ordinance. A resolution will be prepared in
accordance with the P&Z recommendation.
J 4b - Amended Special Use Permit/Meadowcreek Baptist Church
tern No.
A request has been made by Meadowcreek Baptist Church to permit them
to increase their enrollment over that allowed by the original and
other amended permits. Inasmuch as the enrollment does impact the
SAC and Sewer Connection Charges, I did suggest to them that they
provide us with an enrollment break-down for each year and we can
bill them accordingly. This procedure also saves the necessity of
amending the permit each year. A resolution will be prepared for
approval of up to 445 students by 1989 per the attached schedule.
Item No. 4b - Lot Split/D. Kirchner
Ms. Kirchner is requesting approval to subdivide her parcel into
three individual lots under Ordinance No. 40. The City Council
had conceptually approved such a division at the time of the
assessment hearings for the sanitary sewer and water improvements
on South Coon Creek Drive (West) . Planning and Zoning is
recommending approval. A resolution will be prepared, indicating
Agenda Comments
October 16 Regular Meeting
Page 2
Item No. 4b - Lot Split/D.Kirchner (continued)
a park dedication fee of $200, i.e. , $100 for each newly created lot.
The exceptions for lot width and area will be included in the
resolution.
Item No. 4d - Amended Special Use Permit/Wm. Rademacher
Mr. Rademacher is requesting an amendment to his permit for the gas
pumps at Bill's Superette to allow him to extend the island and change
the pumps to those with electronic dispensers, as well as increase
the number of dispensers on each pump. Planning and Zoning Commission
is recommending approval of the request, subject to the required City
and State inspections. A resolution will be prepared, noting the
change will promote a better customer flow during busy hours.
Item No. 4e - Variance/Kudson-Steinbrinq
The property owners are requesting a variance to allow them to use
the existing dwelling unit on the property as a temporary dwelling
while a new unit is being constructed. Planninq and Zoning Commission
is recommending approval. A resolution will be prepared requiring
that the existing (temporary) dwelling unit shall be demolished and
removed from the property within 120 days following issuance of the
building permit for the new structure. You will note the p&Z is
recommending demolition prior to the issuance of the Certificate of
Occupancy; such action would leave the occupants without living
quarters for a short period of time, therefore, the 120 days are
more appropriate.
Item No. 4f - Water Service/Good Value Homes, Inc.
This item is continued from the October 2nd Meeting. Good Value is
to bring in more concrete time frames for the development of the
property in question.
Item No. 4q - Warning Devices
The City Council had requested the Building Inspector to research
costs, availability, etc. of warning devices to be installed in
various strategic locations in the City. He will have a report for
you.
Item No. 4h - Abatement/Danqerous Buildings
The dwelling unit at 14003 Yukon Street was damaged during the July,1983,
storm; since that time the property owner has been litigating the
damage/payment with his insurance company. As a result repairs were
not made on the dwelling. Approximately a month ago, a permit was
given to allow the property owner to move the building out of the City
so he could construct a new dwelling. The house was moved off the
basement, however, because of problems between the property owner and
the Movers, the house is still on the property and the foundation/
basement from which it was moved is now an open excavation. The structure
as it now sits presents a danger, therefore, abatement is requested.
A motion is needed to proceed with filing of the notice.
Agenda Comments
October 16 Regular Meeting
Page 3
Item No. 5a - Award Contract/MSA84-8
Attached is a resolution awarding the Contract to Forest Lake Contracting.
for the MSA street construction of South Coon Creek Drive West.
This is $31,566 below the Engineer's Estimate.
Item No. 5h - Adequacy of Petition/Feasibility Study-Temp ie-Howard Addn.
The developers are requesting the improvement of sanitary sewer and
streets for their propOsed addition. The Plat has been tentatively
recommended for approval by the Planning and Zoning Commission and
will be to the Council for action at the next meeting. They are
anxious to proceed; the plans are such that the Engineers can prepare
the Feasibility Study as soon as authorization and deposit are
received.
Item No. 5c - Approve JUdqes/General Election
Enclosed is the current listing of Judges for the General Election.
There have been some changes since the approval in August. A motion
is needed to adopt this resolution.
Item No. 5d - Set Date/November Meetinq
The Regular Meeting date will have to be changed as a result of the
Election on November 6. The Council will have to canvas the City
Election, therefore, I would recommend setting the date of the
Regular Meeting for the 8th, allowing both to be done at the same
time.
Item No. 5e - Appointment/Park & Recreation Commission
Enclosed is a resume from Marcellus McMullen for appointment to the
Park & Recreation Commission. Mr. McMullen has attended at least one
of the Commission Meetings. The Commission is presently short three
Commissioners. We have advertised on three different occasions,
however, the reponse has not been good. This would be for a term
to expire on December 31, 1986.
Item No. 5f - Authorization/Equipment Purchases
Because of price increases and long delivery schedules, the City
Engineer is requesting authorization to receive quotations on the
Engineering Department car and the accessories for the Toto. Both
the car and the Toro equipment have been approved for the 1985 Budget,
therefore, the billing/payment for this would not be made until 1985.
Item No. 6a - Fire Department
Time constraints have not allowed the Fire Department time to have
a meeting to vote on the suspension/termination issue of the three
firefighters discussed at previous meetings; therefore, this will
be handled by the Council at the first Regular Meeting in November.
The Fire Chief has other administrative items to discuss with the
Council. One item in particular is a policy for the charging of
Agenda Comments
October 16 Regular Meeting
Page 3
Item No. 6a - Fire Department (continued)
services to outside agencies, i.e., Burlington-Northern.
Item No. 7 - Approval of Minutes
September 13, September 18, October 4, 1984.
Enclosures
~ 01 ANDOVER
REGULAR CITY COUNCIL MEETING - OCTOBER 16, 1984
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by
Mayor Jerry Windschitl on October 16, 1984, 7:30 p.m., at the Andover City Hall,
1685 Crosstown Boulevard NW, Anoka, Minnesota.
Councilmen present: Elling, Knight, Lachinski (arrived at 7:33 p.m.)
Councilman absent: Orttel
Also present: City Attorney, William G. Hawkins; City Engineer, James
Schrantz; City Clerk/A. Administrator, P. K. Lindquist;
and others
AGENDA APPROVAL
The following additions to the Agenda were recommended: Item 4i, Tire Tech and Item 4j,
Grant Possibilities/Water System.
MOTION by Knight, Seconded by Elling, the Agenda be approved as amended. Motion
carr1ed on a 3 Yes, l-Absent (Lachinski) vote.
VARIANCE - B. GUSK
Planning and Zoning Commission Chairman Don Spotts reviewed the Commission's
recommendation to deny the Barry Gusk request for variance to construct a storage
building on a parcel of land less than three acres in size.
MOTION by Elling, Seconded by Knight, that we deny the variance request to construct
a structure by Mr. Gusk at 2149 161st Avenue NW for the reasons as stated by the
Planning and Zoning Commission's letter. (See Resolution R108-84) Motion carried
on a 4-Yes vote.
LOT SPLIT - D. KIRCHNER
P & Z Chairman Spotts reviewed the Commission's recommendation to approve a lot split
request by Diane Kirchner. He noted a variance would be required from Ordinance 40B
because three lots are being created by the split, and the lot width in Lot C is less
than the minimum requirement because of the setback requirement off Round Lake
Boulevard, a major thoroughfare, for Tract B.
Diane Kirchner - stated a 50-foot setback from the right of way line is required off
Round Lake Boulevard, and that lot cannot exit onto Round Lake Boulevard. She asked
why that much setback is needed, noting it would not have been required if the lots
were split off before the road was widened. She felt it should be 50 feet from the
existing road.
Council discussion with Ms. Kirchner, Chairman Spotts and the Building Inspector was
on the setback requirements and the best solution to the situation. It was noted
the house on Tract B could face Round Lake Boulevard even though it must exit onto
South Coon Creek Drive, that the right of way for Round Lake Boulevard has been already
taken and this would have the effect of adding another 50 feet onto that, and that
Tract C would be so small it would severely limit what could be constructed on it.
Council agreed to reduce the setback on Tract B to 40 feet from Round Lake Boulevard
right of way or to line up with Ms. Kirchner's existing house artd to enlarge Tract C
to a width of 77.81 feet.
MOTION by Elling, Seconded by Knight, that we approve the Lot Split of Diane Kirchner
granting a variance from Ordinance 40B allowing for it to be split into three parcels
instead of two, and Tract B as shown on the attached sketch to be 90 feet and Tract C
to be 77;81 feet width or frontage facing Soùth Coon Creek Drive, with 40-foot setback
from Round Lake Bouelvard right of way line on Tract B. (See Res. R109-84) Motion
carried unanimously.
Regular City Council Meeting
October 16, 1984 - Minutes
Page 2
RESIDENT FORUM - ROUND LAKE BOULEVARD SPEED LIMITS
Bonnie Francis, 14260 Round Lake Boulevard - was concerned about the traffic problem
on Round Lake Boulevard. Many new homes are being constructed, two new shopping
centers are going up, they have had very little law enforcement in the City, and
children go to Bill's Superette regularly, which she felt is a very dangerous situation.
She requested the City do something to reduce the speed limit to 35 mph.
John Lawrence, 14516 Round Lake Boulevard - also expressed his concern for the safety
of Chl Jdren and dr1vers 1n that area, stating they want to prevent accidents before
they happen, not after the fact. He reported several incidents of high speed traffic
through their area, the danger of pulling out of their driveways, and the lack of
results he has had on this problem in talking with the City Attorney and other County
officials even when he has the license ~Tatenumbers of the offenders. He too requested
lowering the speed limit to 30 or 35 mph, especially because of their children, joggers,
cyclists, etc.
Wayne Ness, 14268 Round Lake Boulevard - realized it would take some time for the speed
llmits to be reduced and asked that 1n the mean time there be a stricter enforcement
of the speed limits. Council agreed there is a problem in that area and suggested
the Sheriff's Department be asked to do their saturation patrols with radar through
that area. Mayor Windschitl briefly reviewed the procedure required to have the speed
limit reduced. A Deputy in the audience stated he would talk to his superiors about
setting up traffic control in that area for awhile.
MOTION by Knight, Seconded by Elling, that the City Council send a Resolution to the
State requesting that the speed limit be changed to 30 mph from South Coon Creek Drive
south to the City limits, and also send a copy of that Resolution to the County.
(See Resolution RllO~84) Motion carried unanimously.
Ms. Francis- asked if it would be possible to have separate bicycle paths constructed
1n the rlght of way of Round Lake Boulevard. Mr. Schrantz didn't know but stated he
would ask the County about that.
Tom McClusky, 14545 Round Lake Boulevard - asked when the study is done that attention
lS paid to the volume of traffic on that road and potential traffic as development occurs
to the north.
AMENDED SPECIAL USE PERMIT - WM. RADEMACHER/BILL'S SUPERETTE
Chairman Spotts reviewed the Planning Commission's recommendation to approve the request
for an Amended Special Use Permit by William Rademacher to add eight gas nozzles and
extend the gas pump islands six feet on each end at Bill's Superette.
MOTION by Elling, Seconded by Knight, introducing a Resolution approving the Amended
Special Use Permit of William Rademacher to install additional pumps and increase the
island dimensions of the gasoline service facility at Bill's Superette. (See Resolution
Rlll-84) Motion carried unanimously.
VARIANCE/KNUDSON/STEINBRING
Chairman Spotts reviewed the Planning Commission's recommendation to approve a variance
requested by Betty Knudson and Jean Steinbring to construct a new home on property
already having a principal structure subject to the existing home being demolished
within 120 days following the issuance of the building permit.
Jean Steinbrinq, 3155 175th Avenue - stated the old building will definitely be
demolished as soon as possible.
Regular City Council Meeting
October 16, 1984 - Minutes
Page 3
(Variance/Knudson/Steinbring, Continued)
MOTION by Lachinski, Seconded by Knight, introducing a Resolution approving a
var1ance request from the provisions of Ordinance No.8, Section 4.04 (B) to allow
the construction of a new dwelling unit on a parcel already having an existing unit
as such, requested by Betty Knudson and Jean Steinbring. (See Resolution Rl12-84)
Motion carried unanimously.
WATER SERVICE - GOOD VALUE HOMES, INC.
Mayor Windschitl suggested tabling this item for two weeks.
MOTION by Elling, Seconded by Knight, to so move. Motion carried unanimously.
WARNING DEVICES
Mayor Windschitl explained the Building Inspector is having a representative come out
to one of the November meetings to discuss the overall warning program.
MOTION by Knight, Seconded by Elling, to table the item. Motion carried unanimously.
GRANT POSSIBILITIES/WATER SYSTEM
Councilman Elling stated he has been in contact with the State Health Uepartment and
the Department of Economic Development regarding policies for federal grant monies given
to the State for their distribution. Each city is allowed $700,OOO/year with a $1.4
million maximum. The Minnesota Health Department sets the priorities for that money,
and they have assured Councilman Elling that Andover's situation with the well advisory
area would put the city as one of the top contenders for those grant monies toward a
municipal water system. There are approximately 200 applications for these funds
each year; aod about 50 applicants, one out of four, are approved each year. The
application for these grants must be received no later than February, with the decision
being made around May 1. Councilman Elling felt Andover had a good chance of receiving
those graòt monies. He also stated there are three other sources of funds that he has
not yet been able to contact.
Council was very agreeable to making application for those grant monies and agreed to
discuss the application with John Davidson of TKDA when he is at the next Council
meeting.
CONTRACT AWARD - MSA84-8 (SOUTH COON CREEK DRIVE - WEST)
MOTION by Elling, Seconded by Knight, introducing a Resolution accepting bids and
awarding contract for the Improvement of Project 84-8 for street construction in the
area of South Goon Creek Drive West (Awarded to Forest Lake Contracting for $118,434).
(See Resolution Rl13-84) Motion carried unanimously.
ADEQUACY OF PETITION/FEASIBILITY STUDY - TEMPEL-HOWARD ADDITION
MOTION by Lachinski, Seconded by Knight, introducing a Resolution declaring adequacy
of pet1tion and directing preparation of a feasibility report for the improvement
of sanitary sewer and street construction with concrete curb and gutter, Project' No.
84-12, in the Tempel-Howard Addition area (See Resolution Rl14-84) Motion carried
unanimously.
AMENDED SPECIAL USE PERMIT - MEADOW CREEK BAPTIST CHURCH
Chairman Spotts reviewed the Planning Commission's recommendation to approve the
Amended Special Use Permit request by Meadow Creek Baptist Church to allow them to
increase the enrollment in their K-12 school.
Regular City Council Meeting
October 16, 19S4 - Minutes
Page 4
(Amended Special Use Permit - Meadow Creek Baptist Church, Continued)
MOTION by Knight, Seconded by Elling, a Resolution as prepared approving an Amended
Special Use Permit to provide for the enrollment of additional students at Meadow
Creek Baptist Church. DISCUSSION:
Grady Kinghorn, Church President - stated the total enrollment size will be about 700
students, with two classes of each grade. They initially plan to construct the building
now because the funds are available; and they would like to add one class per year,
so it will take awhile to fill the building. The Clerk explained the sewer availability
charge would depend on the enrollment. Council felt the Resolution should be clarified
on that point.
Councilman Knight CLARIFIED the Resolution: Last paragraph to read: BE IT FURTHER
RESOLVED that such approvaJ shall be contingent upon the applicant remitting to the
City the required SAC and Sewer Unit Connection Charge for additional students as
the enrollment increases. Second Stands. (See Resolution RllS-84) Motion carried
unan imous ly.
APPROVE JUDGES - GENERAL ELECTION
MOTION by Knight, Seconded by Elling, introducing the Resolution for the list of
election judges as presented. (See Resolution Rl16-84) Motion carried unanimously.
SET DATE - NOVEMBER MEETING
MOTION by Elling, Seconded by Knight, that we move the Regular November 6 meeting to
November S due to the election. Motion carried unanimously.
APPOINTMENT - PARK & RECREATION COMMISSION
MOTION by Knight, Seconded by Elling, the appointment of Marcellus McMullen to the
Park Commission which expires 12-31-86. Motion carried unanimously.
Attorney Hawkins explained the reason the work is not being done on the park on 138th
is because the land acquisition has gotten complicatedC primarily because the individuals
who consented to convey the park don't have an unencumbered interest in the land. So
it is taking more time than originally anticipated to get all the releases signed. If
any of the parties do not sign the release, the City does ha¥e the right to obtain the
land through eminent domain procedures. The Clerk stated there is no problem with
holding the grant monies for this park. All the equipment has been purchased and is
being stored in the Public Works building.
ANDOVER VOLUNTEER FIRE DEPARTMENT
Acting Fire Chief Bob Palmer requested permission to advertise for the sale of the old
Chief's vehicle, as they have found the frame is too light to convert it into a tanker.
MOTION by Elling, Seconded by Knight, that we allow the Fire Department to put an ad
in the paper to dispose of the old Chief's Fire Vehicle. Motion carried unanimously.
Acting Chief Palmer presented some specific figures to be approved for billing the
railroad when the Department has a call along the tracks. In the past the figures
were based on what the DNR suggested, but those figures are no longer avai¡lable. The
amounts are approximately what it costs the Department to respond to a call.
MOTION by Elling, Seconded by Knight, that we authorize the Fire Department to charge
Burl1ngton Northern Railroad the proposed hourly rates as set forth by the Acting
Chief. Motion carried unanimously.
Regular City Council Meeting
October 16, 1984 - Minutes
Page 5
AUTHORIZATION - EQUIPMENT PURCHASES
Mr. Schrantz stated he would set some specs for the car. He asked if the Council
would object to a 1984 car if it is new, the thought being such a vehicle may be less
costly. Council had no objections as long as the vehicle is new. M,r. Schrantz, 'a 1 so
stated'he,would like to get the Toroin December to clear the rinks but be billed for
it in 1985.
MOTION by Elling, Seconded by Knight, authorizing the City Engineer to receive
quotations on an Engineering Department car and accessories for the, Toro equipment as
proposed. Motion carried unanimously.
ABATEMENT - DANGEROUS BUILDING
Mayor Windschitl reviewed the situation with the dwelling unit at 14003 Yukon Street
that was damaged during the July, 1983, storm. It was never repaired because of
litigation with the insurance company. Approximately a month ago, a permit was given
to allow the building to be moved out of town. The house was moved off the basement;
however, because of problems between the property owner and the movers, the house is
still on the property on dollies and the basement is now an open excavation. The
structure as it now sits is a danger, the basement is an open hazard, and it is an
eyesore to the neighborhood. There was a fence around it but it was down.
Acting Chief Palmer - stated the fence around the basement is still down.
Btll Leach, 2530 140th Avenue - lives right across the street from the Sigfrid property.
He stated any discuss10n of allowing Mr. Sigfrid to negotiate this further is of great
concern to him and his neighbors. They have allowed him over 15 months to negotiate
with the insurance company, attornies, courts, movers, etc., and nothing gets done.
Ihey have also heard promises of action during that 15 months, but nothing happens.
He stated it is worse now than when the tornado hit it. He strongly urged the Council
to authorize the City Attorney to file in court immediately to provide Mr. Sigfrid a
reason for solving the problem. Also, the fence that was constructed was juryrigged
at best, and it is down. It is not safe. The basement is filled with debris, with
the problem being exasperated because of the recent rains. They would like a permanent
fence put up. Mr. Leach stated there is another issue of the debris that Mr. Sigfrid
piled in the back of his proeprty after the storm that could be a health hazard and is
an eyesore. He also suggested Mr. Sigfrid be denied a building permit on that foundation
until that debris is cleaned up in the back as well.
Barry Swinqle, 2547 140th Lane - felt that will be a prime target for vandalism in
the next couple weeks because of Halloween coming up, which could present a very
dangerous situation.
Earl Sigfrid - stated he is trying to sell the house, and two people are considering
it now. But before they can purchase'i~, they need to get permission from the city
in which they want to place it. One is to locate it on 20 acres in Andover. The other
person would put it in Oak Grove. He thought he could get that house moved out of
there onto a mover's yard, but it will , cost him a lot of money. He stated the reason
the house is just sitting on the lot now isn't all his fault. He's anxious to get the
house out of there and to rebuild a house on the existing foundation. But until he
sells it, he doesn't know what else to do. Ernst Movers are charging rent on the
rigging underneath the house now. There is still a mortgage ,on that property. The
'prob lems with the insurance company have all been settled.
Council expressed their concern over the problems of fencing the property, cleaning
up the debris on the lot, and removing the houseifrom the lot. Attorney Hawkins
reviewed the abatement procedure.
Dave Almgren, Building Inspector - testified that he has inspected the property and
found an open excavation with the house off the basement, which constitutes a hazard.
The bUilding is set up on house movers dollies and is not secured in any way, which
Regular City Council Meeting
October 16, 19S4 - Minutes
Page 6
(Abatement - Dangerous Building, Continued)
also constitutes a hazard. Therefore, under the Uniform Building Code for abatement
of dangerous buildings, he declared that building on site a hazard.
MOTION by Lachinski, Seconded by Elling, introducing a Resolution declaring the
property at 14003 Yukon Street to be a hazardous situation and that the building has
been removed from the foundation and is not safely enclosed, and direct the City
Attorney to begin abatement procedures for removing the building and have the hazard
removed. DISCUSSION: Attorney Hawkins stated if the debris is a part of the material
from the building, the City may have the right to require it to be cleaned up.
Motion carried unanimously.
Attorney Hawkins informed Mr. Sigfrid that he will draft an order based on the Council's
action that will be filed in District Court, and Mr. Sigfrid will have 20 days under
the statute to abate the excavation and remove the building and other hazards on the
property. If Mr. Sigfrid does not do that, then he will ask the District Court to allow
the City to go on the property to fill the excavation and remove the building, with
all costs charged back to the property.
Mr. Sigfrid - stated he hoped to resolve the problem in that 20 days. Regarding the
debrls, he was waiting to begin construction of the new dwelling and put in some
dumpsters to clean it up. But he can get that debris removed before that, stating he
will get it cleaned up by at least the middle of next week.
Council recessed at 8:50; reconvened at 9:13 p.m.
TIRE TECH
Darrel Chapman, Minnesota Rec¥cling - reviewed his October 16, 1984, letter to the City
on the issues of a second shi t to 12:00 midnight, Monday through Fridays, and the
transition of the firm to Cecil and Pat Heidelberger, Paul Schneider, and himself.
They are meeting with City and County officials tomorrow afteroon on the second issue.
Councilman Elling asked about the status of their license with the County. Mr. Chapman
stated both cases relate to the transfer of a bond that Schriptek had originally
provided. In the transition between Schriptek and North American Tire Tech, the bond
was transferred, but a signature by a NATT official to allow that transfer was needed.
Plus a power of attorney was needed from the woman who signed the bond for the insurance
company because she wasn't the same one who signed the bond initially. It is in the
process of being taken care of; and he has been meeting with Colleen Herman, the
County Attorney, and others to get this matter resolved. The bond is in effect, has
been paid for, but the two signatures are needed.
Councilman Elling understood from the County that it is a legal question as to whether
or not the license is valid. The Clerk asked if they received a notice of cancellation
on their insurance.
Mr. Chapman - stated NATT cancelled their insurance upon transition as of October 18.
They are meeting with local insurance agents to get their insurance. If they don't
have insurance, they will have to shut down; but he felt they would be covered.
Councilman Elling stated in talking with Bob Hutchinson at the County, they are of
the opinion that these things would be completed any day, but that was three weeks ago.
He felt that all of these matters should be taken care of prior to the City taking any
action on the request for another shift. Councilman Lachinski disagreed, thinking it
is up to the County to shut down the business if all items are not met, that there seems
to be an honest attempt to get everything in order, and they are only asking for an
extension of hours in the light that they continue when they have a bonified approved
operation.
Regular City Council Meeting
October 16, 1984 - Minutes
Page 7
(Tire Tech, Continued)
Mayor Windschitl suggested the Council and County officials meet at the City Hall
tomorrow evening to discuss the operation with Mr. Chapman, Cecil and Pat Heidelberger
and Paul Schneider as to their purchase of NATT's operation in Andover, the requirements
of the license, etc. Mr. Chapman stated their meeting was at 5:30 at Greenhaven, but
he would be able to atteBd~a: o'clock meeting at the City Hall if all the other parties
were available at that time as well. For now they would like the second shift to
begin immediately and hopefully be able to have that shift continuously.
Councilman Lachinski didn't feel it would be a problem, but preferred to see the
extended hours reviewed or modified as needed on an annual basis. He suggested
allowing that second shift until the deadline on the last amendment to the license,
January 17, 1985. He had no problem delaying the decision on the second shift until
tomorrow but did not want to have it linger on for several weeks.
Mr. Chapman - stated all tires recycled during the second shift would come from the
p1le on slte, which would improve the ratio of old to new tires being shredded.
Council generally agreed that before action was taken on the request for a second shift,
all outstanding items should be taken care of regarding the licensing of the operation.
Council generally agreed to meet with Anoka County officials and representatives of
Minnesota Recycling, Inc., at a special meeting tomorrow evening, October 17, 7 o'clock
p.m., assuming the other parties are able to be present. If not, the Council was urged
to attend the meeting Wh1Ch has already been set at Greenhaven in Anoka at 5:30. The
Council then agreed to take action on the request for a second shift following
tomorrow's meeting.
Councilman Lachinski asked who the tires along Bob's Auto Parts belong to. Mr. Chapman
stated he didn't know but they have been hauling tires out of that area. He asked
Councilman Lachinski to stop by to show him specifically which ones should be removed.
Councilman Lachinski agreed.
Mr. Chapman - asked if he COUld then get authorization to run a second shift tomorrow
night, pending additional action for additional hours at tomorrow evening's meeting.
MOTION by Knight, Seconded by Lachinski, that we allow two shifts tomorrow (for
Mlnnesota Recycling, Inc.) pending a final decision to be made tomorrow night. Motion
carried unanimously.
MOTION by Lachinski, Seconded by tlling, that we call a special meeting tomorrow night
at 7 p.m. for the purpose of discussing the North American Tire Tech relicensing and
change of ownership. Motion carried unanimously.
Mr. Chapman - then reviewed what has taken place regarding the formation of Minnesota
Recycl1ng, Inc., and their option to purchase NATT's equipment at their operation in
Andover. They have until the first week in February to execute that option. Their
intent is to continue the current operation as a metro area waste tire recycling
facility and to increase its current rate of production to meet the contract of 24,000
tons of recycled waste fuel use materials to Owens-Illinois Paper Company in Tomahawk,
Wisconsin. It is their feeling that as a local company, they would be serving and
utilizing services of local businesses, and that the business could be run successfully
because of lower overhead costs, especially with Cecil Heidelberger being a principal
in the company. The four individuals owning Minnesota Recycling, Inc., each would
have a 25 percent ownership in the business, and there will be a fifth individual on
the Board of Uirectors, either an attorney or accountant, to act as a tie breaker if
needed. Between now and the closing, they are operating the business tor Nòrth American
Tire Tech. As of now they have no guarantee that they will have the capital to
exercise that option.
Regular City Council Meeting
October 16. 1984 - Minutes
Page 8
(Tire Tech, Continued)
Councilman Elling asked about the hazardous waste problem in that area. Mr. Chapman
stated the original generators have hired Pace Laboratories, and they are prepar1ng
to remove all drums that are on site as they are located. Neither Pace nor Mr.
Heidelberger have committed any funds for the cleanup of any soils contamination.
This item will be discussed again on October 17.
APPROVAL OF CLAIMS
MOTION by Elling, Seconded by Knight, that we approve Checks 8471 through 8537 for
a total sum of $132,207.32. Motion carried unanimously.
MOTION by Knight, Seconded by Elling, to adjourn. Motion carried unanimously.
Meeting adjourned at 10:00 p.m.
Respectfully submitted,
\'Y\ ~ ~:~L
Ma~la A. Peach
Recordlng Secretary