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HomeMy WebLinkAboutCC February 20, 2001 tùJ~<5/ø/()1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.· ANDOVER. MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, February 20, 2001 agenda Call to Order-7:00 PM Resident Forum Bookmark Agenda Approval Name Approval of Minutes minutes Plaque PresentationlPark & Recreation Commission Consent Items 1. Update/Capital Improvement Policy capital 2. Order Plans & Specs/00-17 nth A venue Trail ordOO17 3. Approve Plans & Specs/00-36/Makah St. & 149'h Ave.lStorm Sewer Replacement appr0036 4. Release Letter of Credit/95-26/Shadowbrook Phase I loc9526 5. Release Letter ofCredit/97-06/Shadowbrook Phase II loc9706 6. Release Letter of Credit/98- I 6/Shadowbrook 4th Addition loc9816 7. Reduce Letter ofCredit/98-27/Fox Hollow loc9827 8. Amend Draft Comprehensive Plan Future Land Use Map com plan 9. Approve Mowing Contract 200l/Professional Services mowing Discussion Items 10. Anoka County Sheriff Monthly Report sheriff II. Approve Hire/City Administrator hireadmin 12. Discuss Water/Sewer Billing Survey Continued survey 13. Approve Compo Plan Amendment (CPA 00-1 I)/RU & OS to RM/D.H. Land Company, ContinuedcpaOOll 14. Approve Rezoning (REZ 00-09)/R-4 & R-I to M-I/D.H. Land Company, Continued rezOOO9 15. Approve Special Use Permit (SUP 00-17)/PUD/Nature's Run/D.H. Land Company, Continued supOO17 16. Approve Preliminary PlatlNature's Run/D.H. Land Company, Continued pplatnatures 17. Approve Special Use Permit (SUP 00-18)/Area Identification Sign/D.H. Land Company, ContinuedsupOO18 18. Approve Animal Control Contract animal 19. Approve New Connection Fee Rates connection 20. Discuss Mitigation Sites/00-18/Andover Boulevard discOO18 Staff Items 21. Discuss Co-cities Community Center Focus Group focus Mayor/Council Input Payment of Claims Adjournment (J¡yu¡~ 3/1,/0) REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - FEBRUARY 10,1001 TABLE OF CONTENTS AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I APPROVAL OF MINUTES .................................................. 1 CONSENT AGENDA Update/Capital Improvements Plan ......................................... 2 Resolution R024-01 ordering plans and specs/IPOO-17/Seventh A venue Trail ..... . .. 2 Resolution R025-01 approving plans and specs/IPOO-36/Makah & l49th/Storm Sewer 2 Release Letter of CreditlIP95-26/Shadowbrook Phase I ......................... 2 Release Letter of CreditlIP97 -06/Shadowbrook Phase II . . . . . . . . . . . . . . . . . . . . . . . .. 2 Release Letter ofCreditlIP98-I6/Shadowbrook 4th Addition. . . . . . . . . . . . . . . . . . . .. 2 Reduce Letter ofCreditlIP98-27/Fox Hollow ................................. 2 Amend Draft Comprehensive Plan Future Land Use Map. . . . . . . . . . . . . . . . . . . . . . .. 2 MOWING CONTRACT 2001/PROFESSIONAL SERVICES Motion to approve ...................................................... 2 ANOKA COUNTY SHERIFF MONTHLY REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2 HIRE/CITY ADMINISTRATOR Motion to approve employment contract for City Administrator/John Erar .......... 3 WATER/SEWER BILLING SURVEY Motion to set up monthly payment option .................................... 3 PRELIMINARY PLAT - D. H. LAND COMPANYINATURE'S RUN ................ 3 Motion to approve with conditions ......................................... 7 Amendment to Motion for developer to remove one lot (withdrawn) . . . . . . . . . . . . . .. 7 Motion to table (failed) . . . . . . . . . . . . .. . .. .. . .. . . . . . . . . . . . . . . . . . .. . .. .. . . . .. 8 Resolution R026-01 amending motion to approve preliminary (+ remove one lot) .... 8 Amendment to motion for plat to be contingent upon approval of Development Agreement and Association documents (withdrawn) . . . . . . . . . . . . . . . . . . . . . . .. 9 COMPREHENSIVE PLAN AMENDMENT (CPA OO-II)/RU & OS TO RM/DH LAND CO. Resolution R027-01 amending the Comprehensive Plan. . . . . . . . . . . . . . . . . . . . . . . .. 9 REZONING (REZ 00-09)/R-4 & R-I TO M-I/DH LAND COMPANY Motion to rezone property to be known as Nature's Run . . . . . . . . . . . . . . . . . . . . . . . .. 9 SPECIAL USE PERMIT (SUP 00-17)/PUD/NATURE'S RUN Resolution R028-01 approving the Special Use Permit. . . . . . . . . . . . . . . . . . . . . . . . .. 9 SPECIAL USE PERMIT (SUP 00-18)/AREA IDENTIFICATION SIGN/DH LAND CO. Resolution R029-01 Approving the Special Use Permit. . . . . . . ., .. . .. . .. . .. . . .. 10 ANIMAL CONTROL CONTRACT Motion to approve contract with Marline Skinner . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 NEW CONNECTION FEE RATES Resolution R030-01 amending R284-00 establishing fees ...................... 10 MITIGATION SITES/IPOO-18/ ANDOVER BOULEVARD ........................ 10 DISCUSS CO-CITIES COMMUNITY CENTER FOCUS GROUP .................. 11 MAYOR/COUNCIL INPUT Agendale-mail ........................................................ II Conferences .......................................................... 12 Tree Protection Policy .................................................. 12 APPROVAL OF CLAIMS .................................................. 12 ADJOURNMENT......................................................... 12 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - FEBRUARY 10,1001 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 20, 2001, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude Councilmembers absent: None Also present: City Attorney, Barry Sullivan Fire Chief, Dan Winkel City Engineer, Scott Erickson City Finance Director, Jim Dickinson Acting City Administrator, Dave Carlberg Others AGENDA APPROVAL Remove Item 9, Approve Mowing Contract 200l/Professional Services, from Consent Agenda for discussion. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES January 30,2001, Special Meeting: Correct as written. February 6, 2001, Regular Meeting: Page 5, second line from the bottom, change "proposed legislation" to "enabling legislation". February 10,2001, Special Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, to approve the January 30 Special Meeting Minutes. Motion carried unanimously. Motionby Knight, Seconded by Jacobson, approval of the February 6 Meeting Minutes as amended. Motion carried on a 3-Yes, 2-Present (Orttel, Trude) vote. Motion by Trude, Seconded by Knight, approval of the Special City Council Meeting on February 10. Motion carried unanimously. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 2 CONSENT AGENDA Item I Update/Capital Improvements Plan Item 2 Order Plans and Specs/IPOO-17/Seventh A venue Trail (Resolution R024-0I) Item 3 Approve Plans and SpecsIlPOO-36/Makah Street and I 49th Avenue/Storm Sewer Replacement (Resolution R025-0I) Item 4 Release Letter of CreditllP95-26/Shadowbrook Phase I Item 5 Release Letter ofCreditllP97-06/Shadowbrook Phase II Item 6 Release Letter of CreditllP98-16/Shadowbrook 4th Addition Item 7 Reduce Letter of CreditllP98-27/Fox Hollow Item 8 Amend Draft Comprehensive Plan Future Land Use Map Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda. Motion carried unanimously. APPROVE MOWING CONTRACT 1001IPROFESSlONAL SERVICES Mayor Gamache asked about the procedure for awarding these types of contracts. Mr. Dickinson explained last year the City asked for bids for mowing. The contract was awarded to Professional Services, which was the lowest responsible bidder. They were economical and have performed very well. They were very flexible and were available for weed control as well. Because of the economics and the City was very happy with their service, the recommendation is to contract with the same firm agam. Motion by Knight, Seconded by Trude, approval of Item 9 (approving the mowing contract for 200 I with Professional Services). Motion carried unanimously. ANOKA COUNTY SHERIFF MONTHLY REPORT Sergeant Jim Stewart reported on the activities of the Sheriff's Department in January, 2001, noting they received 809 calls for service. That was less than for the month of December. In other statistics, there were a total of 14 citations written in January for snowmobile related issues. The saturation patrol for snowmobiles was also conducted in January, plus suspects in a stolen snowmobile incident were apprehended. There have been fewer snowmobile complaints in the City this year, believed to be due in part to the new ordinance plus the sub-zero temperatures. In response to a question on animal control, Sergeant Stewart stated they are waiting to find out what the City does tonight. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 3 APPROVE HIRE/CITY ADMINISTRATOR Councilmember Jacobson asked whether the terms and conditions of employment apply in the event the Administrator is terminated within the first six-month probationary period. Mr. Dickinson stated technically with this condition, there is no probationary period; it is a performance evaluation. The payment provision applies to termination without cause at any time. Mayor Gamache reviewed the process the City went through to select a new City Administrator, announcing the Council's choice to hire John Erar, who will start in the City on April 2. Councilmember Orttel noted Mr. Erar has a previously scheduled vacation April 9 - 13. He suggested Mr. Carlberg remain as the assistant until after Mr. Erar comes back from vacation. Motion by Orttel, Seconded by Trude, to recommended the City Council approve the employment contract between the City of Andover and John Erar as City Administrator. Motion carried unanimously. DISCUSS WATER/SEWER BILLING SURVEY Councilmember Jacobson withdrew fi'om discussion or voting on this issue because of a conflict of interest. Mr. Dickinson stated the Council authorized a survey last year to determine the interest of the City's water and sewer customers for customer choice billing. The survey was conducted in January, 200 I, with the following results: 1,691 total responses; 590 wanting to see customer choice billing; I, I 0 I did not want to see a change. Those wanting to see a choice in billing extrapolates to 35 percent, or about 1900 customers. He asked if the Council would like to see the City provide the customer choice billing service. The selection would only mean the cash flow coming in more constantly. The customers would be given a number at Connexus to establish the new billing. The City would not change its meter reading, which would remain on a quarterly basis. This would be available just for those with sewer and water bills combined. Councilmember Trude felt this is a good movement toward offering what the customers want and might be helpful for some families. Motion by Trude, Seconded by Orttel, to authorize Staff to begin setting up this option for customers that want to go to monthly billing to allow that billing for water and sewer. Motion carried on a 4- Yes, I-Abstain (Jacobson) vote. PRELIMINARY PLAT-D. H. LAND COMPANYINATURE'S RUN Dave Brown, Engineer with Landform Engineers, and Kendra Lindahl, Planner for Landform, reviewed the changes of the proposed plat of Nature's Run. Ms. Lindahl stated they have been working on the plans for about a year and have made several changes in response to the City and the Regular Andover City Council Meeting Minutes - February 20, 2001 Page 4 (Preliminary Plat - D. H. Land Company/Nature's Run, Continued) neighbors in the community. The plan before the Council tonight is based on comments made by the Council at their January work session. Mr. Brown reviewed the changes in the current plan compared to the plan presented in December, 2000. The ponding size and wetland mitigation area needed to remain the same. They provided the 22-foot front setback, which ended up pushing the buildings further west. The road alignment changed slightly. No units were removed. They tried to get the 100-foot buidable depth wherever they could. Because of the wetlands, that was not possible for all units. Sixteen variances are being requested where only 90+ feet of buildable depth can be attained. The Council was very concerned about the number of variances. Mr. Brown explained the town homes have a minimum of 10 to 20 feet of back yard before the high water line or the wetland area behind each building. Of the 56 units, they are asking for a variance from the 100-foot buildable area for 16 units. It means the units still have 10 feet or more of back yard. Councilmember Jacobson thought the landscaping plan has only fairly low growth plants for those units that back up to Hanson Boulevard. Mr. Brown stated that is true because of the overhead power lines. NSP will only allow them to plant certain species of trees. Councilmember Jacobson stated there are many areas outside ofthe easement that doesn't have that restriction. He wanted to see trees and shrubs planted that would be higher in those locations. Mr. Brown stated they can look at that. Councilmember Knight stated there is a tree protection plan, yet all of the trees in the development area will be removed. Mr. Brown stated they are following the tree replacement policy. Once they identifY the trees to be replaced, they will earmark them for replacement. Mr. Carlberg reviewed the tree protection plan, noting those trees that are not being removed must be protected. If they are damaged, they must be replaced two-to-one. The removal of those trees is allowed under the City's policy. They are saving a lot of trees on the west side. The east side will be graded for ponding and mitigation with the exception of one clump of trees. Buffering is being provided to screen the town homes from Hanson Boulevard. The City Council can require more plantings or buffering. Councilmember Knight was concerned with the policy and felt it should be revisited to consider requiring additional plantings for those trees being removed. Councilmember Jacobson was concerned with the legal descriptions of Exhibits A and B under Tab 14 and the second Exhibit A and B, which is not the same thing. After reviewing the exhibits in question, both Mr. Carlberg and Attorney Sullivan stated the documents are accurate as presented. The first exhibits are for the two parcels requested to be rezoned; the second exhibit is for the entire parcel after the plat is approved. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 5 (Preliminary Plat - D. H Land Company/Nature's Run, Continued) Discussion returned to the number of variances. Council recalled at the January work session that they would allow this plat based on the same standard as Aztec Estates which had two variances. This plat has variances on one-fourth of the lots. Some felt it is a significant number of variances from what is typically granted in a plat. On the other hand, it was noted that the standard is being applied to town homes but is based on single family housing. It was asked if new ponding would be needed if there were less units in the development and thereby meeting the 100- foot buildability requirement for most of the units. Mr. Brown stated the existing wetlands are of very poor quality. The grading impacts the wetlands regardless. They have met the watershed requirements. The new wetlands will be of substantially better quality. In discussing the easement for a trail, Mr. Brown stated they have shown an easement on the preliminary plat for the trail. Councilmember Jacobson asked what will happen to Outlot A, as the City does not accept outlots. Bill Hupp, property owner, stated he had originally discussed with MPCA the possibility of selling it to the state. Then the City expressed some interest in putting in a trail along the easement. The last they heard from the Park Board, they wanted to save a sliver toward the nortbwest comer on the south side of the creek for a future trail. When going back to the state, they were no longer interested. Basically everything would be donated to the City if they want it. If not, the outlot would stay in tact with the rest of the project. Councilmember Jacobson suggested the outlot be eliminated by attaching it to Lot 29, Block 1. Mr. Hupp agreed. Mr. Carlberg stated the trail easement is in place if the Park Board wants it in the future. In either case, the area would be maintained by the association. Councilmember Trude stated the Council has not been shown what the town home buildings will look like, the quality of material, etc. Mr. Carlberg stated this information was submitted to the City Council in November, 2000. It was the understanding of the Staff that the only remaining issues were that of buildability and setbacks. The plans for the buildings are the same as in the Sunridge development. Ms. Lindahl apologized for not bringing the samples and elevations. They too thought the only two issues were buildabilty and setbacks. The buildings will have vinyl siding with cultured stone ITonts. They are nice town homes in the mid-$200,000 price range. They are not asking for any increase in density. She did not know what would happen if the number of variances is not approved. Mr. Brown stated to reduce the number of variances is not as simple as sliding the buildings over. The real issue is wetlands on both sides, which is why they originally came in with 12-foot front yard setbacks. Reducing the number of units by one won't significantly reduce the number of variances. They have wetlands or open spaces behind each unit. Maybe 16 units have smaller back yards, but they do have the amenities in the back yards. Ms. Lindahl stated they did their best to impact less than one-half acre of wetlands on this 32-acre site. They tried to avoid the wetlands. Councilmember Knight was concerned with setting a precedent by approving so many variances. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 6 (Preliminary Plat - D. H Land Company/Nature's Run, Continued) Ms. Lindahl was sure the City's attorney would say no variance sets a precedent. Mr. Brown felt the real thing to consider is four units per acre on what they consider buildable acreage. They still have a considerable amount of open space saved and being regraded as wetlands which stands this development above others. The end result is they have more open space. The City is getting the amenities of open space and eight acres of wetlands. They tried to create back yards toward the wetlands. Councilmember Jacobson asked if they could fill the wetlands for the 16 units to eliminate the need for variances. Mr. Brown stated it is a question of storm sewer size. The pond on the north side needs to be the size it is now. Filling in 8 to 10 feet on those 16 lots would require them to mitigate more wetland. Councilmember Orttel felt this is a perception problem. The smart thing would be to design a 3-D graph. Most of the potential buyers will say this is fantastic, but the Council is saying this is too small because it is 10 feet off the ordinance. Mr. Hupp stated many people like the water and many of the lots back up to water. Councilmember Jacobson stated the Coon Creek Watershed review of February 12 notes ten different stipulations still outstanding. Mr. Brown stated the criteria was not significant. He met with them and resolved a lot of those issues. They are on schedule with them and are working with the engineering department. Most of those items are met with the plat before the Council this evening. The Council had a very lengthy discussion on the plat, especially with the concerns over the number of variances. Other issues raised where the legal issues if the plat is denied and the legal procedure to extend the plat and ask the developer to make some modifications. Mr. Carlberg noted if developed as single family, this area would still require the same number of variances to the 100- foot buildability requirement. But there may be less landscaping plans and open space. Councilmember Orttel argued in Shadowbrook, every lot has a variance, though he doesn't agree with it. This isn't a PUD for density, it is for use. Councilmember Jacobson noted that the idea of town home development is new and there were several such plats all at once, so they weren't quite as experienced as they should have been. He felt the Council has to look at sketch plans more closely. He doesn't like what he sees here, thinking it is crowded, but part of the problem is the Council's for not doing due diligence in the beginning.. The Council did suggested they make it like Aztec Estates and gave the impression then it would be approved. The developer has invested a lot of money, but he thought there is blame on both sides on this particular parcel. Mr. Carlberg stated the sketch plan is very conceptual. They do not know buildability until getting into the plat itself. The number of variances on buildability were not known at the sketch plan stage. Possibly there needs to be a change in the process. But this developer is ready go to and has incurred a huge investment at this point. Councilmember Trude noted many of the variances are on the east side around the cul-de-sac. She wanted to see more creativity in meeting the City's request. All she Regular Andover City Council Meeting Minutes - February 20, 2001 Page 7 (Preliminary Plat - D. H Land Company/Nature's Run, Continued) saw was more crowding. There is good space between the buildings and she liked the fact that space was added to the front yards. Councilmember Orttel stated the buildability issues has almost become a design standard more so than a variance. Ms. Lindahl stated they have really tried to listen to the City Council. It's been almost one year since the sketch plan where the 12-foot front yard setback was shown. No comment was made at that time. The Council opposed the 2.5-acre area of commercial, which was taken out. When they came in December, they were asking for variances to allow 82 feet of buildable where 100 feet is required. After the City Council commented, they really struggled and came up with another 10 feet. They have moved away from the neighbors to the north and shifted it over to the west. For some of the lots, they are still asking for 10-foot variations. They thought they did what the Council asked. She was not sure they could get 100 feet for all lots. They are not asking for higher density. They think it is a good project and are asking for approval. Councilmembers Knight and Trude were disappointed with the changes, thinking there wasn't any improvement, expecting more than what was done. There is more crowding on the north part, as there are now six units around the cul-de-sac that need variances. The last plan only had four units on the cul-de-sac. Council discussion continued on additional plantings along Hanson and Andover Boulevards and the desire for pine trees where possible to provide year-round screening. Discussion also continued on the buildability issue noting the purpose of the 1 OO-foot buildable pad is to provide a buildable area for the property owner on which to place a home, but in this case the exact location of the buildings is already known; so buildability is not an issue. One argument was the buildability issues does not relate to use, but to whether or not a building can be put on that spot. The fact is there would still be back lawns to use. A counter argument was again on the significant number of variances and on what appears to be an overcrowding on a small portion of land. It is a density issue. Ms. Lindahl addressed the suggestion of a single sided street. The developer has to bear the cost of constructing the entire public street. It is an expense of 60 feet of right of way. The City has ways of reducing that cost by allowing them to go to a narrower street or allowing a private driveway. It is not cost effective to single side a street. Motion by Jacobson, Seconded by Gamache, the Resolution as presented by the Staff under Item 16 (Preliminary Plat of Nature's Run), with the following additional changes: Item No.8, Additional plantings of sufficient size and type to screen units along Hanson Boulevard. Size and number to be approved by City Staff. No.9, Outlot A shall be combined with Lot 29, Block I. Item No. 10, Materials and colors to be approved by the Council at final plat approval. Amendment to Motion by Trude, Seconded by Knight, to amend the motion by requesting the developer to remove one unit in the northeast area to improve the buildability and reduce density in that area. DISCUSSION: Councilmember Knight again argued against approving so many variances, stating approving variances in bundles effectively removes certain factors in the ordinance. It changes the ordinances without amending it. The process just throws out the Regular Andover City Council Meeting Minutes - February 20, 2001 Page 8 (Preliminary Plat - D. H Land Company/Nature's Run, Continued) requirements that exist. It sets policy, and he has trouble with it. Councilmember Trude felt more work is needed on the plat, possibly by holding another work session to go through all of the items. She did not want to be rushed into this. Councilmember Orttel felt the Council needs to seriously discuss the building on lots, as it doesn't apply to town home situations. The single family home ordinance is being made to work in multiple family situations. The whole idea of a PUD is to create a plat with unique design standards. He doesn't like to see major policy changes under fire, and he felt the Council needs to discuss the concept of how and when this type of development will be allowed. Discussion continued on the plat, on the changes made and those some Councilmembers would still like to see, on the variances and applicability of the ordinance to multiple developments Councilmembers Knight and Trude then withdrew the amendment to the Motion. Councilmember Trude preferred to table the item to allow the developer to provide a better landscaping plan, to rework the northeast comer and to place the buildings to increase the privacy behind those units. Motion by Trude, Seconded by Knight, to table the preliminary plat until the next regular Council meeting. DISCUSSION: Attorney Sullivan advised the Council does have the legal right to extend the plat if the Staff is given direction to notify the developer the City intends to enact the 60-day extension. Councilmember Orttel was concerned the item is now back to the point of last December. He preferred direction be given to Staff to work with the developer to make the changes suggested this evening, and approve the preliminary plat with those contingencies. Councilmember Knight continued to be concerned with how many variances is too much. Councilmember Trude wanted to see the back view of the homes preserved such that they are not looking at the backs of other units plus increased screening along Andover Boulevard. Ms. Lindahl stated she is confused because she didn't hear at the last meeting that the Council wanted them to remove any units. The direction was to increase the buidability and the front yard setbacks. They improved those two issues. They would be happy to table and bring it back, but they need to know what the Council is expecting. They can look at removing two units, but she was not sure if that would affect the buildable area. Councilmember Orttel stated it is confusing. Separation and size does not affect the buildability. Buidability and use are two different issues. Councilmember Jacobson called the question. Vote on Motion: YES-Knight, Trude; NO-Gamache, Jacobson, Orttel. Motion fails. Amendment to Motion on the floor by Trude, Seconded by Orttel, to add Item II that one building be removed ITom the northeast comer and reconfigure the homes around the cul-de-sac to reduce the variances sought by the builder. (Resolution R026-010) Motion carried on a 3-Yes, 2-No (Jacobson, Knight) vote. Amendment to Motion on the floor by Trude, Seconded by Gamache, adding Condition No. 12 that the Staff and City Council approve the Development Agreement, Association Covenants and plans for on-going site landscaping and pond maintenance through these covenants. DISCUSSION: Mr. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 9 (Preliminary Plat - D. H Land Company/Nature's Run, Continued) Carlberg stated typically the City Council does not approve the Development Agreement. The others are approved with the Special Use Permit. All of that is coming back with the final plat. Councilmembers Gamache and Trude withdrew the Second and the Motion. VOTE ON MOTION (by Councilmember Jacobson approving the preliminary plat including the amendment to remove one building in the northeast comer) YES-Gamache, Jacobson, Orttel; NO- Knight (because of the number of variances), Trude. Motion carried. APPROVE COMPREHENSIVE PLAN AMENDMENT (CPA OO-ll)/RU & OS TO RM/D. H. LAND COMPANY Motion by Ornel, Seconded by Jacobson, the item as presented. (Resolution R027-0l amending the Comprehensive Plan on approximately 31.3 acres owned by D. H. Land Company in the vicinity of 1650 Andover Boulevard) Motion carried unanimously. APPROVE REZONING (REZ 00-09)/R-4 & R-l TO M-l/D. H. LAND COMPANY The Council suggested the following changes to the Zoning Contract: Page I, third WHEREAS, third line, change to "residential development consisting of fifty-four (54) town homes. Page 2, Item 2, second line, change to "fifty-four (54) town homes, common space, open space, ponds and wetlands. Such townhome development shall be constructed to meet the approved plans and all of the specifications submitted by the Developer and accepted and approved by the City and attached hereto as Exhibit B. No changes or deviations from such plans or specifications shall be permitted unless first authorized in writing by the City." Add Item 3 in Exhibit B, to include the same language as in the Special Use Permit documents regarding all Association documents. E'¡óEE~E AA.,.\ENDE.D 3 c,\o\ Add Item 3 to Ordinance 8DDÐDDD, the amendment to the Zoning District, that the rezoning is contingent on the Zoning Contract attached hereto. Motion by Orttel, Seconded by Trude, to approve the Ordinance Amendment for rezoning as proposed with the amendments made this evening, subject to the review by the City Attorney once they are inserted into the contract. Motion carried unanimously. SPECIAL USE PERMIT (SUP 00-17)/PUD/NATURE'S RUN/D. H. LAND COMPANY Motion by Orttel, Seconded by Jacobson, the Resolution as written with the change of 54 units instead of 56 units in the title and wherever else listed. (Resolution R028-01) Motion carried on a 4-Yes, I-No (Knight) vote. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 10 APPROVE SPECIAL USE PERMIT {SUPOO-18)/AREA IDENTIFICATION SIGNID. H. LAND COMPANY Motion by Jacobson, Seconded by Trude, the Resolution for Item 17 request for a Special Use Permit for a sign. (Resolution R029-0I) Motion carried unanimously. APPROVE ANIMAL CONTROL CONTRACT Motion by Knight, Seconded by Orttel, to approve the agreement as presented subject to review by the City Attorney (contract with Marline Skinner). DISCUSSION: The Council suggested the residents be told in the newsletter and over cable TV of the phone number to call for animal control plus explain the new contract. Mr. Dickinson stated under this contract, more is being done for violations than what was done by the humane society. In the past, the CSO has picked up animals and delivered them to the human society. Under this contract, the contractor will pick up the animals, thus freeing up the CSOs. Motion carried unanimously. APPROVE NEW CONNECTION FEE RATES Motion by Knight, Seconded by Orttel, the Resolution as presented. (Resolution R030-0l amending Resolution No. 284-00 establishing permit fees, service charges and various other fees) Motion carried unanimously. DISCUSS MITIGA TION SITESIIPOO-18/ANDOVER BOULEVARD Mr. Erickson explained approximately 4.7 acres of wetland must be created to replace the wetlands being filled in for the extension of Andover Boulevard. They tried to utilize existing parks for wetland restoration and have gone through the process of evaluation and soil borings to delineate and design the area. Staff has looked at two sites in Kelsey-Round Lake Park, one on the north end of about.75 to one acre and one on the southern end. The Park and Recreation Commission is opposed to the proposed wetland restoration area on the southern end of Kelsey-round Lake Park. If another site is to be chosen, it will create a 1- to 1 Yz-month delay in the project plus the additional cost. In both areas, the high land area would be removed and a wetland created. It is not necessary to have open water. Other potential parks to consider are Strootman Park and Birch Ridge Park, though Birch Ridge Park may not be suitable because of a steep slope. Park and Recreation Commissioner AI Grabowski stated the northern area in Kelsey-Round Lake Park is acceptable. On the south side, about three acres would be eliminated. It is next to the lake. It would destroy the natural habitat that has been planted by Kevin Starr over the last 18 years. The Commission would prefer using Strootman Park. Another concern is if this is the only possibility, what happens when this comes up again? Regular Andover City Council Meeting Minutes - February 20,2001 Page 11 (Discuss Mitigation Sites/1POO-18/Andover Boulevard, Continued) Park and Recreation Commissioner Chris English stated the Commission is trying to cooperate, but it is difficult when asked a week ago to look at two sites, plus be told the tests have already been done and if there is no agreement, that they are delaying the project. Another issue is what is being done for a long-term plan. There are alternatives to converting parkland to wetland. As development continues, there will be more wetland issues to deal with. A long-term strategy to deal with this issue is needed. The Park Board would like to meet with the Council on the needs of the City for the extension of Andover Boulevard and to discuss long-term planning. Mr. Erickson stated Staff did approach the Park Board last year on the use of Kelsey-Round Lake Park for wetland mitigation and was told there would be no problem in doing so. Discussion was on other locations for the wetland restoration areas. the process required to determine a location, the merits of using Strootman Park and public lands that may be available. Commissioner English suggested a possibility in the future may be to ask residents if they would like to have a wetland on their property. Many people would consider that an amenity. Another thing the Commission could look at is the inventory and eliminate some of the smaller parks in favor or a larger regional park because of the lack of money for maintenance. Also, he is actually building a constructive wetland waste water treatment facility on the elementary site, which is another alternative. They are building a constructive wetland and using it for an alternative purpose. Mr. Erickson stated he would check into that option as well. He will also look at whether or not the open space area in Nature's Run could be utilized. Staff will work with the Park Board to get the acreage needed without disturbing park facilities. DISCUSS CO-CITIES COMMUNITY CENTER FOCUS GROUP Mr. Carlberg stated only two applications were received for the 10-member focus group for input on the survey regarding a Community Center. The Council agreed to include three members from the Planning Commission, three members from the Park and Recreation Commission, plus the two applicants, one high school student and one student from Oak Grsye Middle School. ~levJ - AHEtJb:.~3 b{O\ Mr. Carlberg stated because of the time factor, the group will meet as needed. M4YOR/COUNCIL INPUT Agenda - E-mail - The Council asked that the agenda for regular meetings for all bodies be placed on cable a few days before the meetings. Also include the e-mail addresses of the CounciJmembers over cable and in the newsletter. Regular Andover City Council Meeting Minutes - February 20, 2001 Page 12 (Mayor/Council1nput, Continued) Conferences - Councilmember Trude reported on her attendance at the newly elected officials conference and the City/County elected officials meeting. There was a brief discussion on the impact of the Governor's proposed sales tax changes on the City and the residents. Tree Protection Policy - Councilmember Knight stated he would like to see the City update the ordinance, especially as it relates to replacement. He liked the idea of requiring any tree over four inches to be replaced. APPROVAL OF CLAIMS Motion by Knight, Seconded by Jacobson, the approval of Claims. Motion carried unanimously. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 10:52 p.m. Respectfully submitted, iI\~~L Marcella A. Peach Recording Secretary