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HomeMy WebLinkAboutCC May 3, 1994 CA CITY of ANDOVER Regular City Council Meeting-May 3, 1994 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Approve Revised preliminary platjWoodland Creek 4th & 5th 2. Special Use Permit/Constance Evangelical Free Church 3. Special Use Permit/Mining/Jim Green 4 . Discussion/Vehicle Wash Establishments/SuperAmerica 5. Discussion/Bruce Lee Studio 6. Discussion/McDonald's Variance 7 . Discussion/povlitzki's Development Proposal 8. Adopt Ordinance Regulating Pawnbrokers 9. Amend Ordinance 8, Section 7.03, Special Uses 10. wittington Ridge Discussion Non-Discussion Items/Consent Agenda 11. Approve Garbage Hauler Licenses 12. Receive Petition/94-3/l40th lane 13. Approve State Aid Resolution/9l-22 14. Approve State Aid Resolution/9l-28 15. Accept Easement/9l-l0/Lund 16. Accept Petition/93-l8/Pine Hills Area 17. Accept Feasibility Study/93-l8/pine Hills Area 18. Request Speed Study/University Avenue 19. Accept Petition/Sharon's 2nd Addition/94-7 20. Receive March Financial Statements 21. Adopt Resolution Supporting Legislative Initiatives 22. Accept Easements/93-9/Xeon Street 23. Adopt Res./SWMCB Environment Procurement Policies Mayor-Council Input Payment of Claims Adjournment -.-- -., ----.- -..- ..- - REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MAY 3, 1994 TABLE OF CONTENTS AGENDA APPROVAL . · · · · · · · · · · · · · · · · · · · · · · · · · 1 CONSENT AGENDA Approve garbage hauler licenses (Michael P. Hall and William Pickup Service) · · · · · · · · · · · · · · · · · · 1 Resolution R073-94 receiving petition/IP94-3/l40th Lane · · · · 1 Resolution R074-94 approving State Aid/IP9l-22 · · · · · · · · 1 Resolution R075-94 approving State Aid/IP9l-28 · · · · · · · · 1 Accept easement/IP9l-l0/Lund · · · · · · · · · · · · · · · · · 1 Resolution R076-94 accepting petition/IP93-l8/Pine Hills · · · 1 Resolution R077-94 accepting feasibility/93-l8/Pine Hills · · · 1 Resolution R078-94 requesting speed study/University Ave · · · 1 Resolution R079-94 accepting petition/Sharon's 2nd/IP94-7 · · · 2 Receive March financial statements · · · · · · · · · · · · · 2 Accept easementS/IP93-9/Xeon Street · · · · · · · · · · · · · · 2 APPROVAL OF MINUTES · · · · · · · · · · · · · · · · · · · · · · · · 2 REVISED PRELIMINARY PLAT/WOODLAND CREEK 4TH AND 5TH Resolution R080-94 approving revised preliminary plat · · · · 2 SPECIAL USE PERMIT/CONSTANCE EVANGELICAL FREE CHURCH · · · · · · · 2 Resolution R08l-94 to approve permit · · · · · · · · · · · · · 3 SPECIAL USE PERMIT/MINING/JIM GREEN Resolution R082-94 approving permit · · · · · · · · · · · · · · 3 DISCUSSION/VEHICLE WASH ESTABLISHMENTS/SUPERAMERICA . · · · · · · · 3 Motion to refer use in NB zone to P & Z · · · · · · · · · · · · 4 DISCUSSION/BRUCE LEE STUDIO . · · · · · · · · · · · · · · · · · · · 4 Motion to work with Staff and Attorney on PUD concept · · · · · 5 DISCUSSION/McDONALD'S VARIANCE · · · · · · · · · · · · · · · · · · 5 DISCUSSION/POVLITZKI'S DEVELOPMENT PROPOSAL. · · · · · · · · · · · 6 ORDINANCE REGULATING PAWNBROKERS · · · · · · · · · · · · · · · · · 7 Motion to adopt ordinance · · · · · · · · · · · · · · · · · · · 8 Resolution R083-94 establishing application fees · · · · · · · 8 AMEND ORDINANCE 8, SECTION 7.03, SPECIAL USES Motion to adopt to include pawnbrokers, precious metal and secondhand goods dealers · · · · · · · · · · · · · · · · · 8 WITTINGTON RIDGE DISCUSSION . · · · · · · · · · · · · · · · · · · · 8 Motion to approve geotechnical soils correction · · · · · · · 10 RESOLUTION SUPPORTING LEGISLATIVE INITIATIVES Motion to table indefinitely · · · · · · · · · · · · · · · · 11 RESOLUTION/SWMBC ENVIRONMENT PROCUREMENT POLICIES Motion to table for further information · · · · · · · · · · · 11 MAYOR-COUNCIL INPUT Direction on resident's pillars · · · · · · · · · · · · · · · 11 Patrol of Shady Knoll park · · · · · · · , · · · · · · · · · 11 Septic tank inspector · · · · · · · · · · · · · · · · · · · · 12 PAYMENT OF CLAIMS · · · · · · · · · · · · · · · · · · · · · · · · 12 ADJOURNMENT . . . · · · · · · · · · · · · · · · · · · · · · · · · 12 ,.. '. . -..- ........ ._- '-' , ~ CITY of ANDOVER REGULAR CITY COUNCIL MEETING - MAY 3, 1994 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey on May 3, 1994, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dalien, Jacobson, Knight, Perry Councilmembers absent: None Also present: City Attorney, William G. Hawkins TKDA Engineer, John Davidson Assistant City Engineer, Todd Haas City Planner, Dave Carlberg City Administrator, Richard Fursman Others AGENDA APPROVAL Remove Items 21, Adopt Resolution Supporting Legislative Initiatives, and 23, Adopt Resolution/SWMCB Environment Procurement Policies, from Consent Agenda and add to Discussion Items. MOTION by Perry, Seconded by Jacobson, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Mr. Davidson recommended approval of Item 22, Easements for Xeon Street, with administrative approval by Staff. The descriptions have been approved and signed by Mr. and Mrs. Holasek with one minor change. MOTION by Jacobson, Seconded by Dalien, to approve the Consent Agenda with administrative approval on Item 22. (See the following: Item 11. Approve Garbage Hauler Licenses (Michael P. Hall and Williams Pickup Service) Item 12. Receive Petition/IP94-3/l40th Lane (See Resolution R073-94) Item 13. Approve State Aid resolution/IP9l-22 (See Resolution R074-94) Item 14. Approve State Aid Resolution/IP9l-28 (See Resolution R075-94) Item 15. Accept Easement/IP9l-l0/Lund Item 16. Accept Petition/IP93-l8/Pine Hills Area (See Resolution R076-94) Item 17. Accept Feasibility Study/IP93-l8/pine Hills Area (See Resolution R077-94) Item 18. Request Speed Study/University Avenue (See Resolution R078-94) (Y\~~ ->1111'f'1 ... - n,'.. _._ _0._ _ ".,_., __~_ _____._.., Regular Andover City Council Meeting Minutes - May 5, 1994 Page 2 (Consent Agenda, Continued) Item 19. Accept Petition/Sharon's 2nd Addition/IP94-7 (See Resolution R079-94) Item 20. Receive March Financial Statements Item 22. Accept easements/IP93-9/Xeon Street with Administrative Approval) Motion carried unanimously. APPROVAL OF MINUTES April 14, 1994, Special Meeting - Correct as written. April 19, 1994, Regular City Council Meeting - Correct as written. April 19, 1994, HRA Meeting - Correct as written. April 19, 1994, EDA Meeting - Correct as written. MOTION by Perry, Seconded by Knight, approval of the four sets of Minutes as presented. Motion carried unanimously. APPROVE REVISED PRELIMINARY PLAT/WOODLAND CREEK 4TH AND 5TH Mr. Haas explained the updated plat must meet all current ordinances and the Water Resource Management Plan. The preliminary plat was approved by the City Council in 1987, and the only change is where Narcissus connects with l40th Avenue at the south end of the golf course. Some minor corrections will need to be made on the grading and drainage plan on Block 1 of the 5th Addition. In addition, a Tree Protection Plan must be submitted and be approved by the Tree Inspector prior to the construction of utilities. MOTION by Jacobson, Seconded by Dalien, the Resolution approving the revised preliminary plat of Woodland Creek 4th and 5th Additions. (See Resolution R080-94) Motion carried unanimously. SPECIAL USE PERMIT/CONSTANCE EVANGELICAL FREE CHURCH Mr. Carlberg reviewed the Special Use Permit requested by the Constance Evangelical Free Church to construct a new church on property to the north of their existing facility. The Planning and zoning Commission recommended approval, requiring the two temporary structures to be removed at the end of three years. Church officials wanted to move the temporary structures on their current site to this northern property. Instead of temporary structures, they are asking to have a permanent storage and youth center. The Building Official has stated the structures can remain permanently if they meet all applicable City ordinances and State codes. Item 3 in the Resolution should be changed to reflect that. Church officials stated they have a purchase agreement with another church to purchase their current facility. The size of the property for the new church is about 25 acres. '. . --, - - ,~-_. , -- Regular Andover City Council Meeting Minutes - May 5, 1994 Page 3 (Special Use Permit/Constance Evangelical Free Church, Continued) MOTION by Perry, Seconded by Jacobson, the Resolution with two changes: The first being to Number 3, that the two structures shown on the plan can remain as long as they are upgraded to meet all applicable City and State requirements for permanent structure status. And in Number 5, that there was a public hearing, and the public concerns were addressed at that meeting. (See Resolution R08l-94) Motion carried unanimously. SPECIAL USE PERMIT/MINING/JIM GREEN Mr. Carlberg reviewed the request of Jim Green for a Special Use Permit to mine a maximum of 31,000 cubic yards of dirt from property at 2855 l6lst Avenue NW. The Planning and Zoning Commission has reviewed the request and recommended approval. Jim Green - noted the intent is to take down a hill in his back yard and to improve the drainage of the area. He has been the property owner for one year in March. He owns a landscaping business and wants to use this as a showpiece, but no business will be conducted on site. Council was concerned with the effect of the mining on nearby neighbors. Because of that, it was suggested the permit be limited to one year. If there are no problems, it can be renewed for another year. Mr. Green would simply have to come before the Council to request that extension. MOTION by McKelvey, Seconded by Knight, the Resolution approving the Special Use Permit at the Green residence; Change Item 12, This permit is for a one-year period. An extension can be requested and would be approved by Council if there are no problems. Change Item 1 under the NOW, THEREFORE, BE IT FURTHER RESOLVED, There was a public hearing and the concerns of the residents were addressed. (See Resolution R082-94) Motion carried unanimously. DISCUSSION/VEHICLE WASH ESTABLISHMENTS/SUPERAMERICA Dave Darvl, Architect for SuperAmerica station, Bunker Lake and Round Lake Boulevards - explained SuperAmerica would like to construct a one- bay car wash onto its station. They have been advised by Staff that the property is not properly zoned to do so. He asked the Council for direction to be able to construct the car wash. Of the 12 immediate property owners, all have given consent with the exception of one person renting the house. However, the owner of that house has approved of that proposal. He reviewed the layout of the car wash behind the existing building, so it will be shielded by the building and the fence. It is about 250 feet from the street to the proposed entrance of the car wash. About 55 percent of the parcel is used; the other 45 percent is not occupied, plus the same people own the parcel to the west. He argued a car wash would add to the tax base of the City and would add another service to the community. The trend is to offer car wash services in gas station facilities. - ,_. - n_' ~. _ _ ___ _ __., __ Regular Andover City Council Meeting Minutes - May 5, 1994 Page 4 (Discussion/Vehicle Wash Establishments/SuperAmerica, Continued) Mr. Carlberg stated there are several issues to consider. One is the improper zoning, and in 1989 the Council chose to leave car washes out of the Neighborhood Business districts. In addition, the proposal would not meet the rear-yard setback and green space requirements. The question is whether the City wants to see car washes in the NB districts. The Council did not particularly want to see a change in the ordinance to allow car washes in the NB zones because of their impact on residents. Though it was noted that the new car washes which are attached to service stations are quieter, less conspicuous, and less bothersome to neighboring residents. If they were allowed in the NB district, they should be attached to the service station, not free standing, and limit the number of stalls to one. But the Council did not object to the rezoning of this particular parcel. Mr. Carlberg suggested it could be rezoned SC, Shopping Center, since it is adjacent to the Downtown Shopping Center zone. The SC zone is also compatible with the development to the south in Anoka. MOTION by Knight, Seconded by Dalien, that we send the matter back to the Planning and Zoning Commission to look at the possibility of including a car wash as part of the service station function in an Neighborhood Business zone. DISCUSSION: Councilmember Perry hoped the concerns of noise and activity generated by a car wash would be addressed. Possibly some of those objections have been eliminated. Councilmember Jacobson stated there could be real problems in some NB areas. The idea would be to make sure it is built in conjunction with the service station so it is a integral part of it; but he still needs some convincing they should be allowed at all. Motion carried unanimously. Further discussion noted that an ordinance change would take two to three months. The owner of SuperAmerica stated he hoped to have the car wash finished and operating by this fall. Council tended to prefer a rezoning of the property to SC rather than change the ordinance on the uses in the NB district. The owner was told he has the option of requesting a zoning change or to wait to see the results of the discussions on an ordinance amendment. It was agreed the Staff and representatives of SuperAmerica will continue to work on this item. DISCUSSION/BRUCE LEE STUDIO Mr. Carlberg asked for direction from the Council regarding a request from Bruce and Diane Dynes to conduct a photography studio at 3315 Bunker Lake Boulevard NW. The property is zoned R-4, Single Family Urban and is 1.98 acres in size. The adjoining property to the north and east belongs to Meadow Creek Christian School, and property to the west is already zoned commercial. The ordinance requires home occupations be restricted to 20 percent of the residence, and the Dynes do not feel that is adequate to operate a studio. .M. __ _., . _ __ ___ ____" _ ___ __ ______. Regular Andover City Council Meeting Minutes - May 5, 1994 Page 5 (Discussion/Bruce Lee Studio, Continued) The Council generally felt the proposed use of a photography studio is very appropriate for this unique parcel because of its location, the existing and proposed uses of surrounding property, and the ambiance of the site. Several alternatives were discussed to allow the use. Attorney Hawkins advised the Dynes could apply for a Planned Unit Development, which allows multiple uses in the same district. They would apply for the PUD for a residential and commercial use. It would be a written agreement that specifically sets out what they can do, and it would be tied to a site plan. The studio and residence would be the only uses allowed on that site, even if the property is sold in the future. At this level of discussion, the Council was favorable to the request and directed Staff to work with the Dynes and legal counsel to determine if in fact a PUD is the appropriate vehicle and to expedite the process as much as possible without neglecting the steps required by ordinance. Mayor McKelvey asked for a motion to that effect. MOTION by Perry, Seconded by Jacobson, to so move. Motion carried unanimously. DISCUSSION/McDONALD'S VARIANCE Mr. Carlberg explained the McDonald's Corporation has become aware that with the widening of Round Lake Boulevard, Anoka County had acquired additional right-of-way at the site. The new property line is now the western curb line of the Downtown Center parking lot. This presents a problem with the proposed layout of the project, as they would have to remove a substantial number of parking spaces if the 20-foot green space between the right-of-way and parking areas must be met. McDonald's Corporation is requesting a variance to the green space requirement and is asking the item be expedited because of the crucial time frame of development and construction on the site. Mr. Carlberg stated without the green space requirement, there will still be 21 feet of right of way that will be green along both Bunker Lake and Round Lake Boulevards to act as a buffer. They are also looking at a joint facilities parking, so a variance will also be needed for green space in that situation. Garv Mever, McDonald's - explained they will have an additional 15 to 20 feet of green space along the east and south sides of the building. That landscaping softens the whole development. If they are not allowed the variance for green space on the streets, they would have to give up a row of parking and, in turn, lose the interior green space to make up for some of that lost parking. McDonald's does not construct outdoor play grounds when first building a restaurant. Play grounds usually come one to two years later when they have the ability to assess the market areas and if there is a need for them. Regular Andover City Council Meeting Minutes - May 5, 1994 Page 6 (Discussion/McDonald's Variance, Continued) The Council generally felt the acquisition of additional right-of-way by the county created a hardship on the property and advised McDonald's to proceed with the variance application. Mr. Carlberg stated it will be heard by the Planning Commission on May 10, then placed on the May 17 City Council agenda for consideration. The Council recessed at this time, 8:21; reconvened at 8:30 p.m. DISCUSSION/POVLITZKI'S DEVELOPMENT PROPOSAL Mr. Carlberg reviewed the request by Richard and Brad Povlitzki to construct a restaurant/bar with two softball fields and two volleyball courts on Bunker Lake Boulevard immediately west of Anoka Auto Wrecking. If the Council is interested in the restaurant/bar and recreational facilities on this premises, the Povlitzki's would make application for a liquor license and for a Special Use Permit. The Povlitzki's showed a videotape of the Village Inn in White Bear Lake, which is similar to the operation being proposed. It is a complete access controlled environment, with fencing surrounding the softball fields and volleyball courts. There would be about 400 to 500 parking lots. People must be 21 years old to play. Customers would be able to eat any place in the establishment. Full-breakfasts menus would be available. About 50 to 110 employees would be hired. The entire facility would be completed before it would be open to the public. The ball fields would be lighted with the lights directed toward Bunker Lake Boulevard, but all other similar facilities end their games by 11 o'clock. They would not build the facility without a liquor license; however, they want to create an atmosphere to bring the family. They would like to begin construction as soon as possible to be able to open up for fall league softball. Discussion noted the sign ordinance did not address the signage along the perimeter of ball fields as shown in the video and which is standard practice in ball fields. There is 8 to 10 acres of wetland on the site which cannot be disturbed. The property is about 700 feet from the nearest residential area. The City owns the designated DNR wetland to the west of this area. Councilmember Perry visited the White Bear Lake facility and was comfortable with such a facility in Andover. She felt this site would provide no significant impact on residents, that the noise should not be a factor and the layout should control most of the activities. Councilmember Jacobson agreed with the proposed facility but would not support a liquor license. The other Councilmembers were also in favor of the proposal, but suggested special consideration be given to as much screening and buffering of the residential area as possible, even though it is quite a distance away. Mr. Carlberg stated he will continue to work with the Povlitzki's on their proposal. -.. - -., - -.. Regular Andover City Council Meeting Minutes - May 5, 1994 Page 7 ADOPT ORDINANCE REGULATING PAWNBROKERS Mr. Carlberg noted the proposed ordinance limits the number of licenses to three dealers. If a pawnbroker is also a precious metal dealer, two licenses would be needed. Councilmember Knight was concerned about the amount of the license. He questioned whether $2,500 is sufficient to cover the City's costs in monitoring these dealers. After some discussion, it was agreed to raise the fee to $5,000 and that Staff will monitor the City's expenses related to these dealers. The license fee would then be adjusted either up or down to cover the City's costs. Council reviewed the proposed ordinance and made the following comments and changes: Page 1, Section 1, Purpose, Lines 3 and 4, change to read: "...provide an opportunity for the concealment of crimes because..." Page 1, Section 2, Item Containinq Precious Metal: Councilmember Jacobson suggested junk cars dealers will need a license since the catalytic converters on cars are more than 1 percent platinum unless they are specifically excluded. Attorney Hawkins advised the one percent would apply to the entire weight of the automobile, not the weight of the catalytic converter; therefore, junkyard dealers would not be included in this ordinance. No change was made. Page 1, Section 2, Precious Metal Dealer, line 2: delete "coins or". to avoid a conflict with Section 3, B. 6. Page 4, Section 4, last two lines of first paragraph: Councilmember Jacobson questioned the procedure for renewal of licenses. Mr. Carlberg explained existing licenses will be renewed if they meet ordinance requirements. Before issuing a new license to another dealer, the City would first look at the existing licenses to see if they qualify for renewal. The renewals would be given priority. Page 5, Section 5a, line 1, change to: "full name, place and date of birth, ..." Page 5, Section 5b, change to: "...legal description of the premises to be licensed." Page 5, Section 5c, line 2, change to: "...the applicant or spouse have been convicted..." Page 6, Section 8, Renewal Application, Add after the first sentence, "A renewal application fee shall be required as set by Council Resolution." Page 8, Section 10C) 3: Councilmember Jacobson suggested placing a comma after "electronic" to include all electronic equipment plus audio or video equipment. The Attorney disagreed, stating the intent is to include electronic audio or video equipment. No change was made. --.- _....,...~,- --.- .-_. ----- ____H .~ .__0' Regular Andover City Council Meeting Minutes - May 5, 1994 Page 8 (Adopt Ordinance Regulating Pawnbrokers, Continued) MOTION by Knight, Seconded by Dalien, th~ ordinance regulating pawnbrokers, secondhand goods dealers and precious metal dealers within the City of Andover, as amended. Motion carried unanimously. MOTION by Perry, Seconded by Knight, the Resolution establishing an application fee for pawnbrokers, secondhand goods dealers and precious metal dealers, changing the fee to $5,000.00. (See Resolution R083-94) Motion carried unanimously. AMEND ORDINANCE 8, SECTION 7.03, SPECIAL USES MOTION by Jacobson, Seconded by Perry, the ordinance change, an ordinance amending Ordinance No.8, known as the Zoning Ordinance of the City of Andover as presented. Motion carried unanimously. WITTINGTON RIDGE DISCUSSION Mr. Davidson reviewed the background for the crossing of unstable soils of up to 40 feet deep in Wittington Ridge on l56th Avenue. STS Consultants had prepared a report in November, 1993; and at that time the Council rejected the proposal. Due to the technology of geotextiles, this type of crossing has become more popular in recent years. On Friday he received a follow-up written report from STS Consultants. Upon further testing of the soils, STS found the expected consolidation of the soils could be between 6 to 8 inches over 20 to 50 years. Alternative methods were discussed at a meeeting with City Staff. His position is if the method discussed with Staff is done in accordance with the report as it relates to the monitoring of the methods and procedures, including the wick drains, he would support it. The fill would be placed at the rates recommended in the second report. It would take two years of placement of fill over the system rather than less than a year that was originally anticipated. TKDA does have someone on staff with the expertise needed to monitor the project. Steve Gale, STS Consultants - reported on the details of the method proposed to cross the unstable soils on l56th Avenue and noted other projects done using the geotextile material. The geotextile fabric is computer designed and is a thick mat that will be sewn together and tested for the strength of the seams. The biggest concern is to make sure it doesn't fail during construction. The road would not be paved until the settling has stopped, which is expected in about two years given the type of soil found in this area. That settling is strictly monitored. If there is settling after it is paved, the correction would be to rebuild up the area and repave it. Mayor McKelvey was not in favor of this method of street construction. He has seen it fail in other roads, and he worried the City will incur the liability of maintenance if the road drops six to eight inches after a few years. Regular Andover City Council Meeting Minutes - May 5, 1994 Page 9 (Wittington Ridge Discussion, Continued) Mr. Gale - felt it is very rare that a road would settle that much; and if it does, it would happen with two years. That liability can be handled with a warranty from the developer. Mr. Davidson again stated he favored the proposal with proper monitoring but cautioned that there are no absolute guarantees. On the other hand, Andover has many peat pockets; and if roads cannot be built because of the surface water management regulations and this method is not allowed because of the risk factor, then many areas may not get developed. He has talked to Staff about requiring a five-year warranty of the developer whenever this method of street construction is used. It would take two to three years to complete construction, which would give another two to three years' warranty after the compression is completed. Jerrv Windschitl, Ashford Development - felt a five-year warranty is at least one year more than anyone else requires. He would be willing to give a three-year guarantee after the surfacing of the road is finished. It is not known how long it will take for the road to settle before paving, though it is anticipated it will be one to two years. There are nine lots beyond this low area, and they have looked at all other possible alternatives to serve them. As far as anyone can determine, this is the only way of getting there. Mr. Davidson explained the layering of surcharge, built up to four feet above the final grade, which would be removed once the settlement stopped. There would be no access over this area during that period. Council was concerned about constructing homes on the nine lots prior to the paving of the road. What is the City's liability to those homeowners if the road fails? It was suggested the City could not issue building permits until it is reasonably assured that the compression is going to hold and that the City would not be replacing that road in a very short period of time. Mr. Davidson suggested the City not accept the road until it is completed and meets the City's standards. Until then, it would be considered a private road. Mr. Windschitl - suggested that 200- to 300-foot stretch of street not be blacktopped until 80 percent of the houses are constructed back there, which would solve the problem of heavy trucks driving over the blacktop. It is about 400 feet across, and he has agreed to dig out each of the ends to the depth of approximately eight feet. That shortens up the center section in which the geotextile will be used. Mr. Gale - stated there could be no access while it is sand. If it is graveled, trucks can be run over it; and they typically do. There is a four-foot cushion and a four-foot surcharge, and it will be a much better section to support truck traffic than the normal roadway. They are concerned over the long-term of pressing down of the peat, and the trucks passing over it will not cause any distress to the peat. He does not have any concern with heavy trucks going over it. Nobody will want to build before the road goes on; so possibly a year before it is paved, the building could start. ---..- --"-- ---_....- Regular Andover City Council Meeting Minutes - May 5, 1994 Page 10 (Wittington Ridge Discussion, Continued) Mr. Davidson was comfortable that with monitoring, when they determine there is a substantial slowing down of the compression, then traffic and building construction could be allowed. He guessed it would take at least a year. He'd prefer that report come from the geotechnical engineers. MOTION by Jacobson, Seconded by Knight, that the City Council approve the construction of l56th Avenue in Wittington Ridge through the use of geotechnical soils correction and construction methods with the following conditions: 1) That complete engineering drawings and construction specifications be drawn and delivered to the City Engineer and approved by the City Engineer. This being to prevent any future conflict on what should or should not have been done. Specs and drawings should be agreed upon by both parties before construction begins. 2) There needs to be approximately two years of compaction on roughly 150 feet of l56th Avenue. 3) That the developer guarantees a three-year warranty on the road from the date of blacktopping the aforementioned stretch of road through a Letter of Credit at a price set by the City to guarantee the road can be reconstructed should there be a failure. 4) That no building permits west of the correction area be issued during the surcharging period unless recommended to the City Council by the City's engineering firm. DISCUSSION: Mayor McKelvey again expressed opposition to the proposal, feeling not enough testing has been done to be sure it does not fail. He did not want to see the taxpayers stuck with fixing the road if there is a problem. Also, he was opposed to the development with only one exit and, in effect, such a long cul-de-sac. Councilmember Jacobson argued the plat was approved previously, and the Letter of Credit should be sufficient to make any necessary repairs. He felt the City should try this method once and learn from the experience, as there may be other areas of the City where the City may want to cross using this method. Councilmember Perry did not think the City should be put into the situation of having to make repairs on the street it if drops after the warranty is over. She also expressed concern about what could happen if a new Council reversed the decision on issuing building permits. Councilmember Knight felt the expenditure to correct a normal drop in the road would be minimal, but the City should not stand the risk, and suggested the warranty be for five years after blacktopping. Councilmember Jacobson agreed to CHANGE the Motion, Item 3, that the developer guarantees a five-year warranty on the road... Second Stands. Motion carried on a 3-Yes, 2-No (McKelvey, perry) vote. Regular Andover City Council Meeting Minutes - May 5, 1994 Page 11 ADOPT RESOLUTION SUPPORTING LEGISLATIVE INITIATIVES There was some question as to the specifics of the proposal the Resolution supports and why the City should support it. Mr. Fursman stated as of today, he does not feel this legislation will be approved by the Legislature. Another issue is the lawsuit against the City of Minneapolis regarding low-income housing and how the judgement may affect the suburbs. The surrounding cities have been asked to join the lawsuit and be supportive of Minneapolis' position. He does not feel Andover should get involved in that suit. If Minneapolis looses the lawsuit and the judgement is the outer cities must be responsible for taking whatever Minneapolis can't handle, then Andover would have to provide that housing with or without the legislation the proposed Resolution supports. However, it is difficult for Andover to support low-income housing without the transportation and other services that are needed. It was Councilmember Jacobson's preference to not commit to a position at this time. Councilmember Knight disagreed with what the proposed legislation is trying to do. MOTION by Jacobson, Seconded by Knight, to table the item indefinitely. Motion carried unanimously. ADOPT RESOLUTION/SWMBC ENVIRONMENT PROCUREMENT POLICIES Council questioned what program is being implemented in order to save $212 per year. will money have to be spent to get that $212 savings? Before acting on the Resolution, the Council asked for a copy of what things are going to be done in its efforts to recycle 50 percent of the waste generated on its tax exempt properties and at what cost. It was agreed to table the item to the next meeting. MOTION by Knight, Seconded by Perry, to so move. Motion carried unanimously. MAYOR-COUNCIL INPUT Direction on resident's pillars - Councilmember Perry noted the letter from a resident on the direction given regarding his pillars constructed in the right of way. Mr. Carlberg noted the Council amended the ordinance to allow the construction of solid mail boxes, but the pillars were to be removed since no amendment was made to the ordinance regarding them. He agreed to send the resident a letter informing him of the Council action, along with a copy of the Minutes where the Council directed the pillars are in violation of the ordinance. Patrol of Shady Knoll park - Mayor MCKelvey stated he informed the deputies of the problems in the Shady Knoll park area as mentioned in the Resident Forum of the last meeting, and asked them to patrol the area more often. Public Works is addressing the light in the park. · Regular Andover City Council Meeting Minutes - May 5, 1994 Page 12 (Wittington Ridge Discussion, Continued) Septic tank inspector - Mr. Carlberg stated he will check with the Building Department and bring something back for the next meeting on the need for a septic tank inspector to inspect private septic tanks per the ordinance. PAYMENT OF CLAIMS MOTION by Jacobson, Seconded by Perry, the payment of claims as presented. Motion carried unanimously. MOTION by Perry, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 10:58 p.m. Respectfully suþmi-!ted, ... \~~L~ ez"VcL Mar ella A. Peach Recording Secretary - - _. - - - - -- ._~ --. "- n_ "'