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HomeMy WebLinkAboutCC December 5, 2000 ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.· ANDOVER, MINNESOTA 55304· (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - December 5, 2000 agenda Call to Order - 7:00 PM Bookmark Resident Forum Name Agenda Approval Consent Agenda Approval of Minutes minutes Discussion Items I. NW Anoka Co. Community Consortium/Presentation/Request Funding/Resolution of Endorsement anoka 2. Approve Ordinance No. 270/Antennas and Towers (Continued) ord270 3. Approve Rezoning/R-4 to M-IIWoodland Creek Townhomes/Woodland Dev, rezone 4, Approve Amended Special Use Permit/Amend PUDIWoodland Creek TownhomeslWoodland Dev. pud 5, Approve Preliminary Plat/Woodland Creek Townhomes/Woodland Dev. pp 6. Accept Petition/Order Feasibility Report/OO-371W00dland Creek Townhomes petOO37 7. Approve Special Use Permit/Area 1.D. SignIWoodIand Creek TownhomeslWoodland Dev. sign 8, Discuss Status of One-Year Moratorium Ordinance/Ord, 255/Multi-family Housing ord255 9. Discuss Variance/Rear Yard Setback/14287 Raven Street NW/Groustra groustra Non-Discussion/Consent Items 10. Kennel License Renewal/Cleo Nehrt kennel II. Approve Cable TV Franchise Renewal/AT&T Broadband cable 12. Approve Special Use PermitlVariance/Area 1.D, Sign/I 5629 Osage StNW/Goetz goetz 13. Adopt Assessment Role/98-9/Cambridge Estates (Phase I/South Area) adpt989 14. Adopt Assessment RoIe/98-30/Chesterton Commons 41h Addition adpt9830 15. Declare Costs & Order Assessment Role/97-49/Chesterton Commons 2'· Addition dclr9749 16, Approve Transfers Related to High School Development high school Mayor/Council Input Payment of Claims Adjournment ~ REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - DECEMBER 5, 2000 TABLE OF CONTENTS AGENDA APPROVAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I CONSENT AGENDA Kennel license renewal/Cleo NehrtlHobnail Dalmations . . . . . . . . . . . . . . . . . . . . . . . .. 1 Resolution R250-00 approving Special Use Permit/Variance/Area ID sign/15629 Osage Street/Goetz .................................................. 1 Resolution R251-00 adopting assessment roll/IP98-9/Cambridge Estates (Phase 1/So). 1 Resolution R252-00 adopting assessment roll/IP98-30/Chesterton Commons 4th . . . .. 1 APPROVAL OF MINUTES' ................................................. 2 NW ANOKA COUNTY COMMUNITY CONSORTIUMlPRESENTAT10NfREQUEST FUNDINGfRESOLUTION OF ENDORSEMENT . .. . . . . . . . . . . . . . . . . . .. . . . . . .. 2 Resolution R253-00 endorsing the consortium plus funding. . . . . . . . . . . . . , . , . . . . .. 3 ORDINANCE NO. 270/ANTENNAS AND TOWERS. , . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Motion to approve ordinance ..............................,............... 4 REZONING/AMENDED SUP FOR PUDIPRELIMINARY PLATIFEASIBILITY/SUP FOR AREA ID - WOODLAND CREEK TOWNHOMES ....................... 4 DISCUSS STATUS OF ONE-YEAR MORA TORlUM/ORD 255/MUL TI-F AM1L Y ..... 6 DISCUSS V ARlANCEfREAR YARD SETBACK/14287 RA VEN/GROUSTRA ........ 6 Motion to table to December 19 meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 SCHEDULE EDA MEETING (6 p.m., December 12,2000) .......... . . . . . . . . . . . . . .. 7 GRADING OF CHESTERTON COMMONS NORTH SECOND ADDITION Motion to deny request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 REZONING/AMENDED SUP FOR PUDIPRELIMINAR Y PLA TIFEASIBILITY /SUP FOR AREA ID - WOODLAND CREEK TOWNHOMES, CONTINUED .......... 8 Motion to approve ordinance amendment for rezoning R-4 to M-1 and Zoning Contract 9 Resolution R254-00 granting the Amended Special Use Permit to amend a PUD ..... 9 Resolution R255-00 approving preliminary plat ofPUD of Woodland Creek Townhomes ..............................,.,..,.............. 9 Resolution R256-00 declaring adequacy of petition and ordering feasibility report! IPOO-37/Woodland Creek Townhomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 Resolution R257-00 granting Special Use Permit/Variance for area ID sign ......... 9 CABLE TV FRANCHISE RENEWAL/AT&T BROADBAND ...................... 9 Motion to approve ..................................................... 10 TRANSFERS RELATED TO HIGH SCHOOL DEVELOPMENT Motion to approve ..................................................... 10 MAYOR/COUNCIL INPUT Ball fields task force . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 Motion to appoint Mike Knight as Chair .................,.............. 10 Fire inspections of school. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 Parking at Andover Elementary .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 APPROVAL OF CLAIMS ...................,.............................. 11 ADJOURNMENT......................................................... 11 CITY of ANDOVER REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 5, 2000 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, December 5, 2000,7:00 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, William G. Hawkins City Engineer, Scott Erickson City Finance Director, Jim Dickinson Acting City Administrator, Dave Carlberg Others AGENDA APPROVAL Add Items 9a, Schedule EDA Meeting, and 9b, Approve Gmding of Chesterton Commons North Second Addition. Remove from Consent Agenda for discussion, Item 11, Approve Cable TV Franchise Renewal/AT&T Broadband and Item 16, Approve Transfers Related to High School Development. Delete Item 15, Declare Costs and Order Assessment RollIIP97-19/Chesterton Commons 2nd Addition. Motion by Knight, Seconded by Orttel, to approve the Agenda as amended. Motion carried unanimously. CONSENT AGENDA Item 10 Kennel License RenewaIlCleo NehrtlHobnail Dalmations Item 12 Approve Special Use PermitIVariance/Area LD. Sign/15629 Osage Street NW /Goetz (Resolution R250-00) Item 13 Adopt Assessment RollIIP98-9/Cambridge Estates (Phase IISouth Area) (Resolution R251-00) Item 14 Adopt Assessment RolIlIP98-30/Chesterton Commons 4th Addition (Resolution R252-00) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda. Motion carried unanimously. - . ~-, 0-' . '.' Regular Andover City Council Meeting Minutes - December 5, 2000 Page 2 APPROVAL OF MINUTES November 14, 2000, Special Council Workshop (Street/Utility Improvements to High Schoof): Correct as written. November 14, 2000, Special Council Workshop (Budget 2001): Page 4, second paragraph, middle, change "They also require a $5 fee for parents to attend a program..." to "They also covered a $5 fee for parents to attend a program..." November 21,2000, Regular Meeting: Correct as written. Motion by Jacobson, Seconded by Knight, the two Meeting Minutes on the 14th with the correction. Motion carried on a 4- Yes, I-Present (Trude) vote, Motion by Knight, Seconded by Jacobson, approval of the November 21 Meeting Minutes. Motion carried unanimously. Councilmember Jacobson stated Items 3-7 on the agenda refer to the proposed plat of Woodland Creek Townhomes. He has asked the developer that his name be placed on the list to consider those homes once they are built. He did not know if that would be a conflict of interest and would not vote on those issues if it is. Attorney Hawkins did not believe it is a conflict of interest, as there is no direct benefit and no financial interest in the development. NW ANOKA COUNTY COMMUNITY CONSORTIUMlPRESENTATIONIREQUEST FUNDINGIRESOLUTION OF ENDORSEMENT Pastor Mark Hellmann, Andy Larson and Jan Pomeroy represented the NW Anoka County Community Consortium for Youth First. Pastor Hellmann stated they have come to request the community to renew the Youth First Agreement which supports the NW Consortium by Andover, the City of Anoka and the City of Ramsey. After seven years, they feel Youth First is becoming known in the community. With the expansion of their vision, it is necessary for them to put on a part-time paid project coordinator. The county has generously provided funding for special programs, as well as the school district with in-kind donations. They are asking Andover to add a Youth First line item in the budget for $5,000. He also provided a list of projects and activities that have been available to Andover youth and highlighted some of the items. The Cities of Anoka and Ramsey have agreed to renew the agreement and to support them with $5,000 each. Both cities also gave $5,000 in 1998. Ms. Pomeroy explained the main things they have brought to the community through the schools, faith community and businesses is their character education program. They þave fì'ames ¡¡ro¡¡r¡d the community in the schools, churches and businesses with a tþeme eacþ mqth of ~ çRffy¡¡llIf tþat eV~rY0ne can adopt and to help the youth be successful. Coµncilmember Trµçlç 'YorMreq iflhe §f9\VaIfl wqwd be ex¡:¡anqed to those scl1,?ols outsjpe of $e çjty þut wher,q '\nff~Vrf ~m4~r¡¡~ ~Felld. he' a¡~p Hlillfste4 t~ç:y Qe ¡¡¡ven ¡¡ rep~n Qf ho\)' ¡t}¡u¡y youtþ arç serve~ III A¡¡~QW,!. , -_.- .--- --. - ~.....-- -. ' ,., Regular Andover City Council Meeting Minutes - December 5, 2000 Page 3 (NW Anoka County Community Consortium/Presentation/Request Funds/Endorsement, Continued) Pastor Hellmann stated a program they are working on is for the youth who are in Lino Lakes or other detention centers. The goal is to have a mentoring program to have a system in place so when they come back in the community they have a relationship with the churches in the area. Ms. Pomeroy stated this is a pilot program in the Anoka cluster. The Anoka-Hennepin School District is divided into four clusters. The students in District 15 are not included, but they do have a similar program in St. Francis. However, their programs are open to any youth who come to their activities. Councilmember Orttel suggested the City be given a copy of the organization's budget. rfthis is to be a continuous request, a pennanent line item should be added to the budget. Ms. Pomeroy stated the City of Anoka serves as their fiscal agent. They will send a budget to the City. Mr. Dickinson suggested the financial support be taken from the contingency fund. For this year, it will be added to the 200 I budget which is to be approved at the next meeting. Motion by Jacobson, Seconded by Knight, endorsing this Resolution and the money related to the funding. (Resolution R253-00) Moion carried unanimously. APPROVE ORDINANCE NO. 270lANTENNAS AND TOWERS Mr. Carlberg stated the task force reviewed the comments made by Councilmember Jacobson and the attorney for APT, Inc., and made changes as requested. Only one change recommended by Councilmember Jacobson was not done. The Task Force felt strongly that the language should be kept in regarding the number of additional towers on Page 6, Item 7, 2.. He thought Councilmember Jacobson has agreed that the language should remain as well. There are no legal issues with the ordinance as presented. Page 4, Section 5, 1 Councilmember Jacobson suggested the item read "Church sites, when camouflaged." He did not want to limit the means by which the towers or antennas could be camouflaged. Council agreed, Page 5, Section 5, 5: To read "Schools and public buildings, when camouflaged." Council member Trude noted the concern of the attorneys for APT, Inc., that the ordinance is so restrictive. The only place to put them in a residential district would be in a park, school site, church or on utility poles. Mr. Carlberg stated the ordinance was written so they would not be allowed in residential areas. APT, Inc., objected, but it is within the City's control to require those sites. Page 7, 2: Council agreed to change the third line "...structural engineer certifies in writing..." Regular Andover City Council Meeting Minutes - December 5, 2000 Page 4 (Ordinance No. 270/Antennas and Towers, Continued) Councilmember Orttel questioned the language to camouflage the towers. Mr. Carlberg stated sometimes they can be disguised as a part of the parking lot lighting system. The idea is to try to fit them as much as possible. The Council will have the Special Use Permit process to review the proposal for a compatible fit. Motion by Jacobson, Seconded by Trude, to approve Ordinance No. 270 as amended. DISCUSSION: Lynette Beuers, 14570 Jonquil Street - noted the language in Section 7 about the ISO-foot tower was crossed out. She called the City, and it has now been left in. She thanked the City Council for letting the citizens participate on the task force. Mr. Carlberg stated the recommendation is to have that language put back in. Motion carried unanimously. APPROVE REZONING/R-4 TO M-I - AMENDED SPECIAL USE PERMITIPUD - PRELIMINARY PLAT - ACCEPT PETITION/ORDER FEASIBILITY REPORT/lPOO-37 - SPECIAL USE PERMIT AND V ARlANCE/AREA I.D. SIGN/WOODLAND CREEK TOWNHOMES/WOODLAND DEVELOPMENT Byron Westlund, Woodland Development, stated they have owned the parcel since 1985 as a part of the Woodland Creek development. It was a PUD consisting of the 9-hole golf course, 165 residential lots and this lot which had an underlying zoning of Neighborhood Business. About two years ago they decided to do something with the parcel. Covenants and restrictions were placed on the residential lots, and they neglected to exclude this particular lot from them, They held neighborhood meetings with the residents to explore options. One of those options was the townhome concept. In March, 2000, they presented a sketch plan and public hearings were held for townhomes on the parcel. They have also been through the Andover Review Committee several times. There was no public opposition at the Planning and Zoning Commission public hearing, The preliminary plat did not change much except for some housekeeping items. They are the developer and builder of the townhomes, similar to what they did in Ham Lake. The units are really twin homes, only attached at the garage. The plans start at 1,445 square feet and larger. They want to keep the sales price around $200,000. All units would be maintenance free They are requesting a rezoning, amending the Special Use Permit, approval ofthe preliminary plat, approval of the petition for a feasibility report, and approval for an area identification sign. There was a lengthy discussion on whether the roads should be private as proposed or public streets. Mr. Westlund stated the proposal is for 26-foot wide private streets with no parking on either side. They market toward the empty nester, and they b.elieve there is enough parking space with the three- car garage plus parking on the pavement. Many of the people go elsewhere for the winter. People may have to work out informal parking arrangements when they have guests. They have met the parking guidelines. Councilmember Trude was concerned about the parking with children and grandchildren coming to visit, for parties, etc. She stated the people in Shadowbrook Cove quickly found parking to be a problem because of the private road and no parking on it. Mr. Erickson noted Regular Andover City Council Meeting Minutes - December 5, 2000 Page 5 (Rezoning/Amended SUP for PUD/Preliminary Plat/Feasibility/SUP for Area ID - Woodland Creek Townhomes, Continued) even though they are private streets, the fire code would dictate no parking because of the width of the road. Councilmember Jacobson pointed out a policy decision needs to be made as to whether or not to have private streets in the City. If something goes wrong, the City will get the calls. He looks negatively at private streets. Mr. Carlberg explained in Grey Oaks, the width of the streets were allowed to be narrow to give it the private look, but variances were given to the front setback. The basic design is the same as Shadowbrook Cove, which has private streets, but it is a public street. In this case, the project may be altered significantly if it had to go the full width City street. Earlier this fall the Council met with the Planning Commission and decided there would be no more private streets. The ordinance needs to be put in place with the language on private streets in PUDs. This project went before the Planning Commission with private streets allowed. The streets in this plat have always been discussed as being private. Mr. Westlund stated the key issue is financial to take care of those roads in future years. There could be a separate line item in the budget for the association dues to put money away for sealcoating and replacing the street in 25 years. It would be nice to have public streets for these 18 units because of the cost of the streets, plus they are paying real estate taxes as well. It's been an issue that has gone back and forth several times. He also explained the 19th lot is common space for drainage and utilities. They could write in the documents that the City can use it for emergency vehicles, maintenance turnaround, etc, Also, they were asked to provide an emergency access, which is to have no parking. They have proposed gates so it does remain clear. Council and Staff discussion was on reasons for the streets to be public, the amount of right of way needed for snow storage, parking, setbacks needed, etc. Several ideas were expressed on how to make the plat work with public streets without destroying the plat. They also felt that parking should be allowed at least on one side of the street. Councilmember Jacobson noted there is an emergency exit onto Bunker Lake Boulevard in the southeast comer. Mr. Westlund stated that should not be there. The county does not want them to have access to the Boulevard. Mr. Erickson stated the drawing on the third page shows that as a bituminous trail connecting to an existing trail. That is not anticipated to be used for a road. In response to another question, Mr. Westlund stated they will do no grading off site. The east side has an existing berm. They are also planting six-foot Colorado spruce trees along the north lot line. As far as he knows, the neighboring residents are happy with their proposals. Councilmember Trude asked about the grading plan with basements below the 100-year water table. Mr. Erickson stated the entire area will drain to the street and run to ponds. The storm sewers are designed to take the 10-year flood, not for the 1 OO-year event. The developer has shown the overflow during the IOO-year event. Typically the water sits in the streets and boulevard and the houses are set back far enough. Here the houses are closer. The calculation has not yet been made on this plat whether the water would sit there long enough to peculate before getting into the basements. - Regular Andover City Council Meeting Minutes - December 5, 2000 Page 6 (Rezoning/Amended SUP for PUD/Prefiminary Plat/Feasibility/SUP for Area ID - Woodland Creek Townhomes, Continued) It was then agreed to hold this item until later in the meeting to allow Mr. Erickson and Mr. Westlund to look at ways to have public streets, provide for some parking and stilI meet the needs of the City and the developer. (See Page 8 of these Minutes) DISCUSSSTATUS OF ONE-YEAR MORA TORlUMORDINANCE/ORDINANCE 255/MULTI- FAMILY HOUSING Mr. Carlberg stated the Council adopted the one-year moratorium on multi-family housing on April 18, 2000, in light of the housing goals to be added to the Comprehensive Plan and the official controls. Actions taken to date have been the adoption of an amendment to the Zoning Ordinance that all multi-family developments are to be done by contract rezoning, the adoption of an amendment to clarifY and strengthen the ordinance and the adoption of an amendment requiring a 2/3 vote of all City Council members to approve Special Use Permits for Planned Unit Developments. The issue not yet resolved is the adoption of the Comprehensive Plan by the Metropolitan Council, as there are still some items to be resolved. The issue tonight is whether to the Council feels the actions taken are sufficient, to wait to April 18 for the ordinance to run out or to look at whether it should be extended. Council discussion noted basically only one development is being held up by this, and that is Dave Harris' proposal for two 4-unit buildings off Crosstown Drive. Mr. Carlberg noted the sketch plan was submitted prior to the moratorium; but under the ordinance, Staff cannot review the plat until the moratorium is no longer in effect. Ifhe would be allowed to continue now, the provision to the development guidelines would give him until January 31 to have a preliminary plat approved. Mr. Carlberg felt it would be difficult to go through that process in that time period. The streets are in and the sewer has been stubbed there. He is just building on two existing lots. The Council felt Mr. Harris has been very cooperative and hoped that some provision could be made to allow him to be exempted the moratorium. One suggestion was to allow the multi-family housing in fully developed areas and only new developments restricted for the next few months. They were also hesitant to completely eliminate the moratorium at this time, not knowing exactly what the Metropolitan Council will be telling the City regarding the Comprehensive Plan. The consensus was to leave the moratorium ordinance in place but to have Staff and legal counsel consider some phasing to allow the multi-family developments in existing areas to be considered. DISCUSS VARIANCE/REAR YARD SETBACK/I4287 RAVEN STREET NWIGROUSTRA Mr. Carlberg reviewed the request of Gary Groustra to allow the construction and placement of an accessory structure to encroach 30 feet into the 40-foot rear yard setback at 14287 Raven Street. The Regular Andover City Council Meeting Minutes - December 5, 2000 Page 7 (Variance/Rear Yard Setbackl14287 Raven Street NW/Groustra, Continued) applicant was issued a building permit on November 4, 1999, to construct the accessory building. On November 8, 2999, the Building Inspector approved the footings and a cement slab was poured. Before the stud walls were completed, the Building Department stopped work on the project knowing the building did not meet the setback requirements. The permit was issued in error. Mr. Groustra is asking that he either be granted a variance and allow the structure to be built or that the City pay all costs related to stopping this. Councilmember Jacobson stated the City has admitted the problem was caused by the Staf( If the City does not grant the variance, he felt the applicant would be denied the use for which he purchased the lot. There is no way to move the garage closer to the home, so without a variance, it could not be built. Mr. Carlberg stated if the variance is granted, language would be put in the Resolution to distinguish this as a special situation. Khristv Tverber~. 14291 Raven Street - lives on the north side of Mr. Groustra.They have no problem with the request. There are trees and they have beautiful landscaping. Councilmember Orttel noted that many have put up fences on the county roads. This is behind the fence, so he didn't see the harm in it. It would be a shame to payout the money now.Ifthe road is widened, the building would have to be removed, but he felt that would be many years from now. This is not a problem. In further discussion, the Council suggested the Staff and City Attorney prepare a resolution to approve the variance based on the unique situation. Possibly a condition should be to require that there always be some screening maintained behind the garage. Motion by Jacobson, Seconded by Orttel, to table the item until the next regularly scheduled meeting to allow Staff and legal counsel to develop the appropriate legal language for the resolution. Motion carried unanimously. SCHEDULE EDA MEETING The Council agreed to schedule an Economic Development Authority meeting for 6 p.m., Tuesday, December 12,2000. APPROVE GRADING OF CHESTERTON COMMONS NORTH SECOND ADDITION Mr. Carlberg noted the request of Ashford Development to be allowed to grade the plat of Chesterton Commons North Second Addition at its own risk. Typically preliminary plats are approved before grading is done. The preliminary plat for this project will be considered by the Council at the December 19, 2000, meeting. It is late in the year and the developer feels he still has the ability to grade. Mr. Erickson stated usually there are contingencies on preliminary plats. This is a little premature as there might be some changes with the plat. Motion by Jacobson, Seconded by Knight, for denial of the request. Motion carried unanimously. Regular Andover City Council Meeting Minutes - December 5, 2000 Page 8 REZONING/AMEND SPECIAL USE PERMIT FOR PUDIPRELlMINARY PLA T/FEASIBILlTY REPORT/SPECIAL USE PERMIT FOR AREA ID - WOODLAND CREEK TOWNHOMES/WOODLAND DEVELOPMENT Mr. Erickson stated they are suggesting the streets be widened to 28 feet in the plat to allow parking on one side. They can address that to get public dedication of right-of-way on the two streets coming into the development and leave the project in tact. The access road would have to have a substandard right-of-way dedication of only 35 feet. They are proposing a loop be created through there with a one-way loop through the area. The gates would be taken off but they would also hope to minimize traffic. There would be the same amount of room for snow plowing as what is proposed now. It would be very close to the homes, but it is the only way to go with public streets, Councilmember Knight suggested there be no parking on the north-south street. Councilmember Orttel suggested only the north-south street be one-way. Councilmember Trude didn't feel the one- way is necessary for that few people. Mayor McKelvey felt an issue to address is those parking in that area now that go to The Farmstead. That parking may continue along the street once the development is in. Mr. Erickson stated they can look at the one-way issue closer. Mr. Westlund stated he is agreeable to the street proposal. Councilmember Orttel noted this is a negotiated agreement to eliminate private streets. In the future, private streets will not be allowed. The City needs to make some accommodations in that transition. Mr. Carlberg stated no approval is needed from the Metropolitan Council on this development. Councilmember Jacobson noted Exhibit B for the rezoning is not completed. Mr. Carlberg stated the date of December 5, 2000, should be filled in both items. Councilmember Jacobson also suggested the wording state "City approved plans and specifications submitted to the City..." in Item I, and "The "Special provisions for Woodland Creek Townhomes (Standard Unit)" submitted by Woodland Development and approved by the City..." Also, page 2 of the Zoning Contract, Item 2, second sentence, change to read "...constructed to meet or exceed the plans and specifications approved by the City which have been submitted by the Developer ..." Discussion was on the last sentence ofItem 2 that no changes or deviations from such plan shall be permitted unless authorized in writing by the City. Mr. Carlberg stated they have the flexibility to exceed the plans and any changes can be approved by the Review Committee without having to come before the Council. He and the Attorney can look at the ordinance amendments. They understand the intent and the language can be changed to correct this issue. Mr. Westlund explained they are proposing a sign to duplicate the one that was at the entrance of Woodland Creek, which was removed for the reconstruction of Bunker Lake Boulevard. Many residents liked that sign. The sign is to be located in the southwest comer of Bunker Lake Boulevard and Marigold angled toward Bunker Lake Boulevard to include the townhomes and the subdivision of Woodland Creek. It is their typical sign of brick pillars with landscaping. The county requires the sight distance be maintained. Councilmember Orttel stated ever since this was developed, the area was designated as Neighborhood Business. He felt this is a good compromise development for that area. Regular Andover City Council Meeting Minutes - December 5, 2000 Page 9 (Rezoning/Amended SUP for PUD/Preliminary Plat/Feasibility/SUP for Area ID - Woodland Creek Townhomes, Continued) Mayor McKelvey stated because this high density will be done following the expiration of his term, he will not vote on the items. Motion by Jacobson, Seconded by Orttel, approve Item 3, the Rezoning from R-4 to M-l. In the Zoning Contract, Page 2, add the wording in Item 2, Page 2 and Items 1 and 2 in Exhibit B "approved by the City". Dates of December 5, 2000, for Items I and 2 of Exhibit B. Motion carried on a 4- Yes, I-Abstain (McKelvey) vote. Mr. Erickson stated there may be some deviations of setbacks to the right-of-way and street width with the changes discussed this evening regarding the streets. Motion by Orttel, Seconded by Jacobson, the Resolution granting the Amended Special Use Permit request to amend a Planned Unit Development, clarifYing the proposed setback numbers to be inserted. (Resolution R254-00) DISCUSSION: Mr. Carlberg asked if the Council wants to consider a sidewalk or trail to the north along the east side of Marigold. There is a large number of children walking to school in this area. Mr. Erickson stated there is enough right of way. He will talk to the residents of the one or two houses to the north about the concept. It would go north to the first street. From a safety standpoint, it would be a great improvement. Council agreed it would be a good idea to get the children off the street. Motion carried on a 4- Yes, I-Abstain (McKelvey) vote. Motion by Orttel, Seconded by Knight, to move the approval ofthe preliminary plat of the Planned Unit Development of Woodland CreekTtownhomes with the amendment of those items talked about tonight, in particular the street right of way and width. (Resolution R255-00) Motion carried on a 4- Yes, I-Abstain (McKelvey) vote. Motion by Jacobson, Seconded by Knight, the Resolution attached to Item 6,. (Resolution R256-00 declaring adequacy of petition and ordering preparation of a feasibility report for utility improvements, IPOO-37, Woodland Creek Townhomes) Motion carried on a 4-Yes, I-Abstain (McKelvey) vote. Motion by Orttel, Seconded by Knight, approve the Resolution (Resolution R257-00 granting the Special Use Permit/Variance of Woodland Development to allow for the construction of an area identification sign at 32xx Bunker Lake Boulevard NW) Motion carried unanimously. APPROVE CABLE TV FRANCHISE RENEWAVAT&T BROADBAND Councilmember Orttel stated he was not sure what it meant under IX, Customer Service, "under normal operating conditions". Those times aren't published anywhere. Councilmember Jacobson stated those are g0aJs file ç;a\Jt~ CP'thission is trYIng to hold the CQn¡pilPY to. There 't~re problems as they moved their ~~~~~?\\fIçrs., ',eY shQuld be solved now.' . ' - - -, -- Regular Andover City Council Meeting Minutes - December 5, 2000 Page 10 (Cable TV Franchise Renewal/AT&T Broadband, Continued) Councilmember Orttel had some services dropped but the price did not change. Are rate increases supposed to be approved? Councilmember Jacobson stated the federal law preempts and severely restricts what the Cable Commission can do. They have to give notification. They are negotiating with other vendors, and he expected there will be some changes in the future that will benefit the customers. Motion by Jacobson, Seconded by Orttel, to approve Item 11 (renewal of cable franchise with AT&T Broadband) Motion carried unanimously, APPROVE TRANSFERS RELATED TO HIGH SCHOOL DEVELOPMENT Mr. Dickinson explained the dollar amounts and where they would come ITom as noted in the agenda material. This is basically a response to a request to summarize what the City has earmarked, and a funds then designated in the new Capital Project Fund for High School Development. The first two are from excess debt service, as the City by statute has the ability to levy 105 percent of the debt service. That amount is the accumulation of those plus interest. If not put here, those funds would be transferred to the PIR Fund or C~ Equipment Reserve. The $100,000 from the PIR was ~.. . 7l0r0 II OO~~ rc. '~IBat~~\i-g ¡12... . mone)faeslgnated; 0 purcli.as e prope or Jacent to Public Works. The transfers were done carefully and conservatively to make sure other projects can be funded. The $477,000 is what is available relating to the high school development, not specifically to either the ball fields or a tunnel. ~ .;I.-Iq-oo Motion by Trude, Seconded by Jacobson, to approve the transfer related to High School Development. Motion carried unanimously. MAYOR/COUNCIL INPUT Ball fields task force - Councilmember Knight felt a chairperson should be appointed and direction given for agenda items. Mr. Carlberg stated Staff is getting together a list of items to be discussed for the task force to address. Motion by Jacobson, Seconded by Trude, to appoint Mike Knight as Chair of the Task Force. Motion carried unanimously. The Council felt he should remain as Chair, taking the leadership role. Possible items to discuss are who pays for what, ajoint powers agreement on usage of the fields, maintenance, etc. Regular Andover City Council Meeting Minutes - December 5, 2000 Page 11 (Mayor/Council Inputs, Continued) Fire inspection of schools - Councilmember Trude asked who is responsible for the fire inspections of the portable buildings at the schools. Fire Chief Dan Winkel stated the state has a lot of the inspections of schools. The local authority can step in at any time. If they do, the state would also do inspections on a scheduled basis, probably every three-four years. He'd like the City to inspect annually. If there are portables in Andover, he and the Building Official will inspect them. Regarding parking at the schools, he has made a recommendation for both schools for parking and fire lanes around the entire perimeter of the buildings. There will be sidewalks next to the buildings and a fire lane around both schools, but general parking will not be allowed on the curb, Parking at Andover Elementary - Councilmember Trude stated the traffic around Andover Elementary was designed so parents could drop off their children for after-school and evening activities. Cones have been put up to block people from driving through, so they must back out. ChiefWinke! was not aware of the situation and was not sure if it is a fire code issue. He will look at it tomorrow. APPROVAL OF CLAIMS Motion by Jacobson, Seconded by Knight, the payment of Claims as presented. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:45 p.m. Respectfully submitted, ~~~ Marcella A. Peach Recording Secretary -