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
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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.
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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
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