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HomeMy WebLinkAboutSP December 22, 1986 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL CITY COUNCIL MEETING DECEMBER 22, 1986 1. Call to order - 7:30 P.M. 2. Tonson, Inc. Special Use Permit 3. Approve 87-3 Letter to Property Owners 4. Continue 12/16/86 agenda 5. 6. Adjournment CITY of ANDOVER SPECIAL CITY COUNCIL MEETING - DECEMBER 22. 1986 MINUTES A Special Meet! ng of the Andover CIty Council was calJed to order by Mayor Jerry Windschitl on December 22, 1986, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover. Minnesota. Councilmen present: Elling, Knight, Lachlnski, Orttel Councilmen absent: None Also present: City Administrator, James E. Schrantz; and others TONSON. INC. SPECIAL USE PERMIT/REVOCATION Mayor Wlndschltl asked If the three-year time frame in the Agreement with the MPCA to remove the remaining tires from the site is meant to coincide with the lease agreement Mr. LaPanta has with Mr. HeideJberger on the property. He proposed if the tire shredding operation were allowed to continue for that three-year period, would Mr. LaPanta agree to shortening the time frame for removing the tire pile to 18 months. He felt it is in everyone's best interest to get the existing tires removed as soon as possible. This would accomplish that plus allow Mr. LaPanta to operate for the remainder of the leasing period. Milton LaPanta - stated the original agreement wi th the PCA was for a five-year time frame. It was moved to three years for numerous reasons. The capacIty of the machine Is not the only consideration. explaining the difficulty of getting the existing tires to the shredder because they are located In the low areas, they must be hand picked, they are intertwined with scrap metal. the weather factor. plus many have been discarded with the wheels on them which must be removed by hand. It Is impossible to get the tIres to the machine to meet that schedule. He stated he felt the three years will be close, 18 months if everything goes right. Richard Johnston. MPCA - stated the MPCA has a very I iml ted staf f. They will have a number of these operations going in various parts of the state. and they would like to stagger them to Jessen the work load. It takes time to do the Inspections and process aJI the invoices. Also. should the time scheduJes in the Agreement not be met, It requires Board action to amend them, which Is not a simple procedure. On the other hand, they are not telling Mr. LaPanta to take that long. The scheduJe has been worked out with him. Counc i I discussion was on their concern that I t wi II take another three years to remove that tire pi Ie, that the schedule for tire removal appears to be slowIng progress out there rather than speeding --. - Special City Council Meeting December 22, 1986 - Minutes Page 2 (Tonson, Inc. , Special Use Permit/Revocation, Continued) it up, that it is in the Ci ty's interest to get that area cleaned up and redeveloped as soon as possible, and that it is also in Mr. LaPanta's and Mr. Heidelberger's interest to resolve the problem as soon as possible. Mr. LaPanta - informed the Council he has checked with railroad transportation to haul the tires up to Babbitt, and there is a two- year wait for the train. He felt he could grind about 6,000 to 7,500 tires in an 8-hour shift, but the problem is delivering them to the machine clean. He asked what happens if he can't complete it in 18 months. Counc il indicated the penalty would be he wouldn't get paid from the State. They also felt the 3-to-l old to new tire ratio could be eliminated if the 18-month program were agreed to. The abatement increments would be the controlling factor. The only concern the City would still have is not having more than 25,000 tires in the front. Mr. LaPanta - explained as soon as an area is cleaned up, the property reverts back to Mr. Heidelberger. The only area he has a five-year option on after the present lease expires is the four acres in front. He would also like to eliminate the 25,000 tire I imi t in the front, explaining during favorable weather, they should be working solely to remove tires from the low areas and piling them to be shredded when conditions do not favor working in the swamps. The Agreement states once an area is cleared, tires are not allowed to be stockpiled on it again. Mr. LaPanta also stated with the new rules coming up and the plant being buil t In Babbit, it is impossible to guess whether the shredding of new incoming tires will increase or decrease. He also stated he would have to do some calculations as to whether or not he would be able to meet an 18-month time frame for removal of the existing tires, though he didn't see a lot of problems wIth that if there Is a possibility of getting time extensions if necessary. Counc i I emphasized extensions would be considered only for verifiable and bonified reasons such as machine breakdown, inclement weather conditions, or hazardous waste. Mr. Johnston - stated that is specified within the Stipulation Agreement they would enter into wi th Mr. LaPanta. They would know whether Mr. LaPanta is behind schedule by the abatement increments. They hold out 15 percent of the payment for each area as it is cleared and paid for, with that escrow then paid back with the last increment payment. SpecIal CI ty Councl, Meet! ng December 22, 1986 - MInutes Page 3 (Tonson, I nc.. SpecIal Use PermIt/RevocatIon, ContInued) Bob HutchInson. Anoka Countv - asked If there Is some recourse avaIlable to the Agency If an area Is not fInIshed by a gIven tIme. Mr. Johnston - stated If they are found to be materIally In vIolatIon of the Agreement, the Agency could go through the proceedIngs to take possessIon of the tIres and remove them themselves. Mr. LaPanta - stated an 18-month tIme perIod means approxImately 1,000 tIres a day needed to be shredded. GIven the enormous amount of work that must be done to get the tIres to the machIne, the possIbIlItIes of Inclement weather, holIdays, machIne breakdown, It wIll be d I ff I cu I t to shred that many a day. MOTION by Orttel, Seconded by KnIght, that WHEREAS, It Is possIble that there have been specIal events that have taken place under the Tonson, I nc.. SpecIal Use PermIt that are contrary to the provIsIons of the SpecIal Use Perml t, and WHEREAS, It Is In the best Interest to the CIty of Andover that the tIre processIng be contInued and completed as early as possIble, and WHEREAS the MInnesota PollutIon Control Agency wIll have an Agreement In place wIth Tonson, et al by 2-1-87 to assure that removal of the tIres; THEREFORE the CIty of Andover hereby resolves as follows: The revocatIon of the SpecIal Use Perml t Is tabled untIl 2-1-87; If the Agreement Is reached wIth the MPCA at that tIme, the SpecIal Use Perml twIll be contInued but amended to al low for a maxImum of 36 months of operatIon wIth 18 months allowed for the removal of exIstIng tIres; and the ratIo of new to old tIres wIll be replaced by the 18-month depletIon schedule for exIstIng tIres as approved by the MPCA; and also that the large unshreddable tIres on sIte wIll be removed from the sIte wIthIn the fIrst 18 months. (See ResolutIon R206-86) MotIon carrIed unanImously. Mr. LaPanta - stated he does not know whether he Is able to sIgn an agreement wIth the MPCA If agreements cannot be reached wIth Anoka County and those Items asked for hIs the letter from hIs attorney are not addressed. Mayor Wlndschltl felt the County wIll follow the CIty's recommendatIon and change the lIcense requIrements to follow the CIty's requIrements. Mr. HutchInson - stated thIs Item Is on the Health Board meetIng the second Thursday In January. A recommendatIon wIll be to replace the exhIbIt and use the same forms as In the MPCA StIpulatIon. He also felt It was reasonable to replace the ratIo requIrement wIth the abatement schedule. But they would stIlI lIke an annual summary report as to what Is takIng place on sIte. He also suggested for operatIng hours that a provIsIon In the lIcense be to grant a waIver In unforeseen cIrcumstances. SpecIal CItyCouncI, MeetIng December 22, 1986 - MInutes Page 4 CTonson, Inc., SpecIal Use PermIt/RevocatIon, ContInued) The Counc 1 I felt the County should consIder a statement In the lIcense that the hours of operatIon wIll be the same as the CIty of Andover requIrements. It was fel t the operatIng hours are maInly the concern of the CIty and that Andover would establIsh those hours wIth the operator. Counc 1 I asked Mr. LaPanta to make a proposal for the hours of operatIon for consIderatIon. Mr. LaPanta - agreed to do so. He also explaIned he Is In the process of verIfyIng the number of tIres on sIte versus the MPCA calculatIons. If the numbers agree, he wIll sIgn the Agreement. If they do not, they wI II have to start over. APPROVE 87-3 LETTER TO PROPERTY OWNERS MOTION by Orttel, Seconded by LachInskl, that the letter prepared by staff regardIng the proposed Project 87-3 be sent to the affected property owners. MotIon carrIed unanImously. SCHOOL SITE DISCUSSION Mayor WIndschltl presented three sketch plans prepared by the School DIstrIct In placIng an elementary school In Andover. One was placed In the HIlls of Bunker Lake proposed plat where they would consIder the sI te 1£ It Is graded and addItIonal property were provIded. The Mayor dIdn't thInk the developers were Interested In pursuIng It further at thIs tIme. The other two plans Illustrated possIble layouts for the school on the CIty-owned property just south of the CI ty Hal I facIng Hanson Boulevard. Counc 1 I dIscussed the status of obtaInIng MetropolItan Counc 1 I approval to extend the sanItary sewer lIne to that sIte and the layout of the school 1 tsel f. No actIon was taken at thIs tIme. Counc 1 I recessed at 8:50; reconvened at 9:00 p.m. ANIMAL CONTROL CONTRACT MOTION by Orttel, Seconded by EllIng, that the CI ty CouncIl continue theIr contract wIth Lake AnImal Care for the collectIon of anImals In the CIty subject to It beIng a one-year contract. Motion carrIed unanImously. Speciai Ci ty Council Meet! ng December 22, 1986 - Minutes Page 5 STAFF SALARIES/1987 MOTION by Knight, Seconded by Lachinski, that we appoint Jim Schrantz as Deputy Clerk and Deputy Treasurer. Motion carried unanimously. Counc il then discussed the proposed salary increases proposed by Mr. Schrantz and Mayor Windschitl. Me'. Schrantz explained the proposed salaries of the Clerk, Building Official, and Public Works Supervisor are st ill below what neighboring cities are paying. They are also below the Stanton averages. David Almgren, Building Official, and Frank Stone, Public Works SupervIsor, both revIewed their fIndIngs when they contacted surrounding cities regardIng salarIes of slmlllar sItuatIons. There was some discussion about Implementing a more systematic method of salary adjustment such as a step system. Though it was felt it would not be possible to set up such a system for 1987 salaries, the Counc il agreed to direct the Personnel Committee to make a recommendation for the following years. Councilman Elling was concerned with the increases of some of the employees, questioning why the salaries are so out of line from last year. Those salaries were adjusted last year, and he didn't see any supporting data that such large adjustments are needed now. MOTION by Lachlnski, Seconded by Knight, that we Introduce the 1987 salary rates as proposed. (1987 Salaries: Administrator/Engineer/ Public Works Director - $46,610; Clerk - $8.62/hr; Receptionist/ Secretary,$5.75/hr; Treasurer/Accountant - $9.58/hr; Accountant/ Utility Clerk - $7.00/hr; Building Inspector - $29,733; Bul lding Secretary - $7.00/hr; Engineering Assistant - $10.84/hr; Engl neer I ng Secretary - $6.76/hr; Public Works Supervisor - $14.20/hr; Public Works I - $13.07; Public Works II (Starr) - $10.11/hr; Pub] ic Works II (Mashuga) - $9.69/hr; Public Works III - $7.63/hr; Public Works III (New) - $7.00/hr. DISCUSSION: There was a lengthy discussion on the proposed salaries. Mayor Wlndschltl stated the attempt was to create a balanced document, that the dutIes of several employees have changed In the past year, and that this is an attempt to bring the employees more in line with competitive cities. He felt it may be necessary to grant Increases one more year In some Instances to be competitive. Councilman Elling again expressed concern over the amount of the Increases In some Instances, thinking It Is excessive considering the adjustments made last year. Councilman Orttel felt In some Instances the Increases are not enough from what was saId when comparIng Andover's salaries with those of other cities and because of the added Special CI ty Council Meeting December 22, 1986 - Minutes Page 6 (Staff Salarles/1987, Continued) responsibilities and duties by some of the employees. He didn't want to get In the situation of losing experienced people to any compet I tors; however, he realized there are not enough funds remaining In the budget to provide any further Increases for 1987. Councilman Lachlnskl ADDED TO THE MOTION: that we direct the Issue of salary ranges to the Personnel Committee for reevauJatlon for next year. Second st III stands. VOTE ON MOTION: YES-Knight, Lachlnskl, OrtteJ, Wlndschltl ¡ NO-Elling Motion carried Mayor Wlndschltl then suggested the following salary for the Council's Recording Secretary: $76.50 for meetings to 11:00 p.m. and $20 per hour for every hour after 11 o'clock. This amounts to about a 4 percent increase. He asked for a motion to that effect. MOTION by EJllng, Seconded by Ortte], to so move. Motion carried unanimously. Mr. Almgren asked the Council's position on addltlonaJ help for Inspections. Does the Council wish to continue on a contract basis or to hire a full-time Inspector. He reviewed the number of building permits Issued this past year, pJus the scheduled construction for the upcoml ng year, noting there wlJ] be no slack period this winter. Counc II asked that Mr. Almgren make a recommendation for Council consideration. AWARD BID/COMPUTER Mayor Wlndschl t I explained IBM did look at the bid and felt they could Insta] ] a system for $70,000 to $110,000 depending on just what Is desired. Apparently they did receive the original bid but chose not to quote a price feeJlng the specs were quite restrictive. The Mayor was concerned that none of the major computer companies bid, questioned whether the specifications were too restrictive, and also asked just how much Is the Council willing to spend for a computer system. He thought It should be rebid. There was a JengthY discussion on the matter. Councilman Lachlnskl felt the AmerlData bid was competitive and meets the City's needs. He also felt comfortable with It because as the City grows and the system Is expanded, It can be done so and the software will st III be compatlbl e. He stated that Is not the case loll th an IBM system. The costs for the AmerlData system would be $30,000 per year with maintenance for the five years of the bond and maintenance thereafter. That Is about $4,000 more per year than what he had originallY estimated. He didn't think rebidding would accomplish anything. - _--0 SpecIal CIty CouncIl MeetIng Decembe~ 22, 1986 - MInutes Page 7 (Awa~d Bld/Compute~, ContInued) Mayo~ Wlndschltl and CouncIlman Lachlnskl ag~eed nelthe~ company had a good specIal assessments p~og~am; howeve~, CouncIlman Lachlnskl thought Ame~IData wIll be offe~lng one wIthIn the next couple months. He had ~educed the Ame~IData bId to $93,304, though he dIdn't know If Ame~IDate would go along wIth some of the changes he had suggested In hIs analysIs such as Satu~day t~alnlng, t~alnlng p~ovlded at the CIty Hall, wa~~antles to be passed on to the CIty of Andove~, etc. MOTION by Lachlnskl, Seconded by O~ttel, a ~ecommendatlon autho~lzlng awa~d to AmerlData for $93,304 and annual maintenance not to exceed $9,213 as pe~ the cont~act specs plus the clarIfIcatIons on Page 2 of the analysIs. VOTE ON MOTION: YES-EllIng, KnIght, Lachlnskl, Orttel; PRESENT- Wlndschltl MotIon ca~~led. MnDOT AGENCY AGREEMENT MOTION by O~ttel, Seconded by EllIng, that we app~ove the MInnesota Depa~tment of Transpo~tatlon Agency Ag~eement as p~epa~ed. MotIon ca~rled unanlmous1y. DESIGNATE 133RD AVENUE/MSA MOTION by KnIght, Seconded by O~ttel, a ResolutIon establIshIng MunIcIpal State AId St~eets: 133~d Avenue NW (MSA 109) f~om Shenandoah Bouleva~d (MSA 114-129) to Hanson Bouleva~d (.36 mIles) (See ResolutIon R207-86) DISCUSSION: CouncIl noted they had prevIously voted to go wIth a 22-foot sectIon. They also thought the~e was an ag~eement wIth Good Value Homes to const~uct 133~d to Jay St~eet. Mr. Schrantz explaIned Coon RapIds may also want to desIgnated 133~d as MSA west to the new C~ooked Lake Bouleva~d. Gene~al consensus of the CouncIl was the~e would be no benefIt to Andove~ to desIgnate MSA beyond Osage to the west. MotIon ca~rled unanImously. PETITION FOR IMPROVEMENTS/HIDDEN CREEK EAST/87-1 MOTION by EllIng, Seconded by KnIght, a ResolutIon decla~lng adequacy of petItIon and o~de~lng p~epa~atlon of a feasIbIlIty repo~t fo~ the Imp~ovements of wate~maln, sanlta~y sewe~ and st~eets wIth concrete cu~bs and gutte~s, P~oJect No. 87-1, In the HIdden C~eek East Area. (See ResolutIon R20B-86) MotIon ca~rled unanImously. Special CI ty Council Meeting December 22, 1986 - Minutes Page 8 RECEIVE FEASIBILITY REPORT/HANSON BLVD/86-5 Mr. Schrantz explained the feasibility report deviates from the assessment policy In that a benefit factor reflecting soils conditions was used to determine the assessment, slmlllar to the assessment policy for the City of Blaine. Counc II discussion was on the affect the assessment would have on certain parcels which end up paying considerably more than what would be received for the right of way. A suggestion was to buyout the problem on the northern portion of the project along Ward Lake Drive, though Councilman Elling felt the other property owners along that road would not agree to one or two parties being paid while the others donate the easement. Mayor Windschltl stated that Is not what they had been told prevIously. After further discussIon In an effort to fInd a solutIon to attaining the right of way for the extension of Hanson Boulevard that would be agreeable to everyone, the Counc II agreed Mayor Wlndschltl should make one last attempt to resolve the sItuatIon on the northern end along Ward Lake Drive per the previous motIon on the matter. That motion allowed a monetary settlement with Mr. Arntzen If the other owners would be wIlling to dedicate the easements. Mr. Schrantz was also asked to determine the assessment on a front footage basIs to see the effects to the property owners. LICENSE RENEWALS - NON-INTOXICATING LIQUOR/INTOXICATING LIQUOR/ CIGARETTE MOTION by Orttel, Seconded by Elling, approve the following Cigarette Licenses: Tom Thumb, Downtown Dell, JJ's LIquors, G-WIII Liquors, Bill's Superette, and Speedy Market. Motion carried unanimously. MOTION by Orttel, Seconded by Lachlnskl, approving the following Non-Intoxicating Off-Sale Liquor Licenses: Tom Thumb, Bill's Superette, and Speedy Market. Motion carried unanimously. MOTION by Orttel, Seconded by Lachlnskl, to approve Intoxicating Off-Sale Liquor Licenses to JJ's Bottle Boutique and G-WIII LIquors. Motion carried unanimously. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 12029 through 12090 for a sum of $265,740.34. Motion carried unanimously. Special CI ty Council Meeting December 22, 1986 - Minutes Page 9 TAX FORFEIT PROPERTIES MOTION by Orttel, Seconded by Lachlnskl, that the City attempt to obtain as tax forfeit property that parcel of property known as 14 32 24 44 0001 shown as Number 2 on the tax forfeit list. VOTE ON MOTION: YES-Knight, Lachlnskl, Orttel, Wlndschltl; PRESENT- Elling Motion carried. MOTION by Elling, Seconded by Orttel, to adjourn. Motion carried unanimously. Meeting adjourned at 11:43 p.m. Respectfully submitted, r ."(\ ~ ' \.. \~~ CL E0~ Ma~la A. Peach Recording Secretary -