City Council

REGULAR ANDOVER CITY COUNCIL MEETING – NOVEMBER 4, 2020 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, November 4, 2020, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Valerie Holthus, Sheri Bukkila, Jamie Barthel (remote), and Ted Butler Councilmember absent: None Also present: City Administrator, Jim Dickinson Public Works Director/City Engineer, David Berkowitz Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one appeared before the Council. AGENDA APPROVAL Mayor Trude noted supplemental items for Item Five (additional quotes), Item Nine (additional materials), and Item Six (additional emails received). Motion by Holthus, Seconded by Bukkila, to approve the Agenda as amended. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. APPROVAL OF MINUTES October 20, 2020 Regular Meeting Regular Andover City Council Meeting Minutes – November 4, 2020 Page 2 Mayor Trude noted on page four, Item 13, it should state, “…to an article submitted by a resident for the public hearing about…” Councilmember Bukkila asked staff to double check the spelling of a name of a resident that submitted an email. It was also noted on page four, line 16, it should state, “according to the article, it is a trend growing amongst seniors and gets seniors out of their homes. It is a healthy activity they enjoy in the daytime.” Motion by Bukkila, Seconded by Barthel, to approve the October 20, 2020 Regular Meeting minutes as amended. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. October 20, 2020 Workshop Meeting Motion by Bukkila, Seconded by Barthel, to approve the October 20, 2020 Workshop Meeting minutes as presented. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Initiating 2021 Equipment Proposals Item 4 Approve Septic Drainfield City Code Amendment (See Ordinance 512) Item 5 Approve Demolition Quote for 2557 Bunker Lake Blvd. NW and 2526 138th Avenue NW & 3 Shed Removals at 2543 & 2527 Bunker Lake Blvd. NW Motion by Butler, Seconded by Barthel, to approve the Consent Agenda as read. Motion taken by roll call: Councilmember Butler: aye Regular Andover City Council Meeting Minutes – November 4, 2020 Page 3 Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/20-2/2020 STREET RECONSTRUCTION Public Works Director/City Engineer Dave Berkowitz announced the City Council is requested to hold a Public Hearing to give the public the opportunity to comment on the assessment roll for Project 20-2, the 2020 Street Reconstruction Project. He noted this reconstruction project was done during the summer of 2020 and included streets in the neighborhood southeast of Valley Drive, north of 157th Avenue and west of Xenia Street. Mr. Berkowitz explained in accordance with the City’s Road Reconstruction Assessment Policy, 25% of the total project costs will be assessed to benefiting properties. The final assessment cost per parcel is $5,805.40 compared to the feasibility estimated assessment of $6,550. The assessment will be over an 8-year period at 4.5% interest. The remaining project costs would be funded through the City’s Road and Bridge Fund. He noted the Summary of Assessment Roll table is included in the meeting packet, as well as resident submitted information. Motion by Bukkila, Seconded by Butler, to open the public hearing at 7:12 p.m. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Tom Turnbom, 3889 South Enchanted Drive, asked why the curb was included. He stated that he has lived at his property for 45 years and there has never been a problem with drainage. He commented the street is an improvement but was unsure why the curb was included. Cherie Mitchell commented she submitted a letter. She stated this is a good project, but the project should not have occurred this year because of the pandemic. She commented that to expect residents to pay this amount of money during a pandemic with many people unemployed is irresponsible of the City. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 4 No one else appeared before the Council. Mayor Trude stated an email was submitted by Daniel P. Anderson, 3961 S. Enchanted Drive NW appealing his assessment. Motion by Holthus, Seconded by Bukkila, to close the public hearing at 7:16 p.m. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Mr. Berkowitz commented the City process for street reconstructions is that when there are not proper drainage ditches, concrete curb and gutter is added during the reconstruction. He commented there were several areas within the development that had drainage problems that needed to be addressed. He stated several easements were acquired during the project to ensure that stormwater could be directed to an area that would not impact the road surface which can help to ensure the road will stand for the anticipated lifespan. Mr. Dickinson stated this project was announced in the spring and discussed two to three years before. Mr. Berkowitz commented the neighborhood meeting was held in December 2019 and the project ordered soon after that time. He stated a public hearing was held in January for the project, the project moved forward after that. Mr. Dickinson stated the City was fortunate to receive good bids on the project. He noted that if projects are delayed the same bids perhaps would not have been received. Mayor Trude commented on the payment terms and interest rate for the assessments. Mr. Dickinson commented the payment will be assessed for the next eight years, split between spring and fall property tax payments. He noted that if desired the Council could extend the time period for the assessment, but it would need to be done for the entire project area which would also cause additional interest to be paid as well. Mayor Trude commented she would be willing to entertain extending the term if there is a desire for that, noting that payment could be delayed for the first year, but interest would still be charged in 2021. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 5 Ms. Mitchell provided input noting that she would find that one-year delay helpful. Councilmember Holthus commented delaying the assessment would increase the total cost for all residents assessed and similar input has not been gathered from those residents. Mr. Dickinson commented he has not received any calls and finance has not received any calls. He noted that typically assessments are five years, and this has been extended to eight years already. Councilmember Butler commented while he understands the situation of the resident, he would be leery of extending the term for all properties when that is the only comment made of that nature. Councilmember Bukkila commented the resident stated that she is not concerned for herself but for others in the community. The resident explained that she faces uncertainty in the future but is not concerned with the ability to pay right now. Mayor Trude commented it does not appear there is enough information or requests to change the course tonight. Councilmember Bukkila commented there are 56 occupied properties and only one person came forward, which does not give the sense that is an overriding concern. She commented residents had two to three years to anticipate this cost for the project. Mayor Trude commented the Council shared the concern with this project and in the beginning but there were multiple opportunities for public input, and no one objected to the project. Councilmember Bukkila commented the assessment of $5,800 is a lower assessment compared to some other road projects in the City. She commented the bidding environment was better than in some past projects as well. Councilmember Holthus commented there have been very few eyebrow turns in the City and asked whether there was discussion of eliminating that eyebrow turn in this project. Mr. Berkowitz stated an eyebrow adds more maintenance and is treated similar to a cul-de-sac for plowing. He stated it could not be eliminated because of the layout of the lots in this development. Councilmember Barthel commented he agrees that he would not want to make a decision that impacts 56 people without their input or knowledge and therefore would support moving forward as proposed. Motion by Barthel, Seconded by Butler, to adopt Resolution No. R083-20 adopting the Regular Andover City Council Meeting Minutes – November 4, 2020 Page 6 assessment roll for the Improvement of Project No. 20-2, 2020 Street Reconstruction. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. HOLD PUBLIC HEARING – 2020 DELINQUENT SERVICE CHARGES City Administrator Dickinson referenced the City Code sections that provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal, mowing fees, and miscellaneous abatement fees. He stated the assessment procedures directed by State Statute 429 are being followed by holding a public hearing to act upon the proposed assessment. Mr. Dickinson stated the total delinquent service charges were $288,527.71 as of September 28, 2020 and payments received prior to October 23rd were applied, reducing the delinquent balance to $228,141.62. Delinquent balances as of October 23, 2020 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2021 taxes. Therefore, the total assessment for delinquent services is $280,614.19. Motion by Holthus, Seconded by Butler, to open the public hearing at 7:38 p.m. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. No one appeared before the Council. Motion by Holthus, Seconded by Butler, to close the public hearing at 7:39 p.m. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Regular Andover City Council Meeting Minutes – November 4, 2020 Page 7 Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Motion by Bukkila, Seconded by Barthel, to adopt Resolution No. R084-20 adopting the assessment roll for the Certification of Delinquent Sewer, Water, Storm Sewer, Street Lighting Charges, False Alarm Fines, Tree Removal, Moving Fees and/or Miscellaneous Abatement Fees. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. RECEIVE AND DISCUSS VETERANS MEMORIAL BLVD. NW RESIDENT PETITION FOR ADDITIONAL SPEED LIMIT SIGNS Public Works Director/City Engineer Dave Berkowitz stated a resident petition was received from residents in the Woodland Estates neighborhood requesting the City place more speed limit signs along Veterans Memorial Boulevard NW west of Nightingale Street NW. He explained that over the past several years, staff has received calls of concern regarding the speed of vehicles along Veterans Memorial Boulevard NW west of Nightingale Street. The posted speed limit for this section of roadway is 30 mph. He explained the City policy related to speed limit signs and stated that he would not recommend additional speed limit signs and instead continue with the process of direct patrol assignments and evaluations of speed. Mayor Trude asked the percent of drivers that exceeds 30 mph in the last study. Mr. Berkowitz replied that they typically use 35 mph as there is a little leeway in the speed limit and reported that the last study in 2018 showed 20 percent of drivers were above 30 mph. Mayor Trude commented the school zones have flashing lights alerting drivers to the different speed limit. She asked the cost for those signs. Mr. Berkowitz replied the signs are $2,500 per sign for the digital section and power is then run to the sign along with the additional elements that are added to the sign. He estimated a total cost of about $5,000 per sign. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 8 Councilmember Holthus asked how difficult it would be to lower the speed limit. Mr. Berkowitz replied State Statute sets the speed limit at 30 mph. He stated that people will drive at what they are comfortable at driving at, noting that even if the speed is lowered to 25 mph that does not mean drivers will drive at that speed. He provided background information on a previous committee he was a part of related to speed. Councilmember Butler asked the location of the existing speed limit signs. Mr. Berkowitz identified the locations of the existing speed limit signs. Councilmember Butler asked the effectiveness of the signs that display the speed and have flashing lights when traveling over the speed. Mr. Berkowitz stated there is a speed trailer and sign on a post both of that nature. He stated those tools tend to change behavior when the sign is up but then behavior reverts once the sign is removed. He stated when he enters his neighborhood, he thinks of his neighbors and drives more slowly and noted that it would be nice if every neighbor did that. Anoka County Sheriff’s Office Police Commander Paul Lenzmeier stated residents have been concerned with Veterans Memorial Boulevard for many years. He stated they had used the radar sign and the data does not indicate that there is a significant speed problem, although there are speeders. He stated as a resident of that area, he walks Veterans Memorial Boulevard daily. He noted when vehicles come around the corners, they appear to be traveling very fast but that can be based on perception. He stated the radar sign was most recently installed for five days on data collection mode, which helps to determine the average speed. He noted by average 560 vehicles were traveling eastbound on that roadway and reviewed that data, noting that most vehicles ranged from average speeds of 28 to 32. He stated they have also used patrol vehicles but have not been very successful in finding speeders as the police vehicles are very visible. Mayor Trude commented she would think most vehicles traveling at higher speeds would be going westbound. Commander Lenzmeier replied the trailer last faced westbound and was then requested to be moved eastbound because of the complaints in that direction. He stated the data shows that there is not a huge problem, but a few violators which is not uncommon on a residential street. Councilmember Holthus asked where the stop signs are located on Veterans Memorial Boulevard. Commander Lenzmeier identified the one stop sign at the intersection with Nightingale Street. Councilmember Barthel asked for input on the request for additional speed limit signs and Regular Andover City Council Meeting Minutes – November 4, 2020 Page 9 whether that would be successful. Commander Lenzmeier replied he watched traffic earlier today. He noted the eastbound side of the roadway has 20 different signs already. He stated if another speed limit sign were to be added, he would suggest the placement of the speed sign. He stated he was unsure that it would change behavior as people are already aware that the speed limit is 30 mph in residential areas. He commented they continue to use the speed trailer during certain times of the year and add patrols. Councilmember Holthus asked why a stop sign would not be recommended on Veterans Memorial Boulevard. Mr. Berkowitz stated Veterans Memorial Boulevard is the main street and has the flow of traffic, therefore stop signs are placed on side streets. He commented stop signs have not been shown to slow the speed of traffic but instead increase that speed and often if vehicles do not encounter other vehicles, they may not stop at all. Mayor Trude commented that Safety Officer Laura Landes has worked with residents with concerns in the past related to concerns. She noted in the past a vehicle was identified, and the police spoke with that driver to change the behavior. Commander Lenzmeier confirmed that method could be tried again if a problem vehicle is noticed. Mayor Trude asked if there are similar concerns from residents on Wintergreen Street. Commander Lenzmeier stated complaints come and go. He stated they use the speed sign to gather data and then use the speed trailer, which typically results in a decrease in speed. Mr. Willy Velarde, 2520 153rd Lane NW stated they have lived in Andover for 14 years at almost the end of Veterans Memorial Boulevard. He stated he and his wife love to walk but have noticed a concern with speeding vehicles and the large number of children around the neighborhood and park. He stated they have noticed an increase in speed of the drivers and believe it is an accident waiting to happen. He stated they received signatures of neighbors that also share this concern. Wendy Velarde, 2520 153rd Lane NW provided safety concerns she has noticed in the neighborhood related to children and fast-moving vehicles. She commented the problem with speed is both adult and teen drivers. She agreed that a stop sign would not be a good solution, nor did she believe a speed limit sign would be the solution. She stated she did notice a slowdown from vehicles when the flashing light was posted. She recognized that it will be a challenge to find the right solution. Mayor Trude thanked the Velandes for providing input and gathering this information. She Regular Andover City Council Meeting Minutes – November 4, 2020 Page 10 commented in other neighborhoods with concerns related to children, it has helped to discuss the issue with the neighbors as the problem is caused by people that live in that area. Mayor Trude suggested this be placed on the next workshop agenda for further discussion. Councilmember Bukkila commented the vast majority of those that signed the petition do not live on Veterans Memorial Boulevard or the area displayed on the map. Mr. Velarde explained they went beyond Veterans Memorial Boulevard because people that live in adjacent cul-de-sacs and streets use Veterans Memorial Boulevard. Councilmember Bukkila explained when the topic of additional signage is discussed it is helpful to have the support of the people that would be directly impacted and would have the signs placed in their yards. Ms. Velarde explained because of COVID they did not want to door knock and instead distributed the flyer into cubbies as they could not place them in mailboxes and many of the flyers remained in the cubbies as people were unaware they were in there. Councilmember Butler asked the number of mobile speed units there are that have flashing lights, as he has noticed similar problems with residential speeds in other areas. He stated he appreciates the data collected but sometimes the averages do not tell you the facts as the outliers are the concern. Commander Lenzmeier replied Andover has two and the County has a third that can be used in Andover. He stated the signs are busy during the summer months and are typically onsite for about one week at a time. He noted the data can be very specific, and they can focus patrols at the times were problems arise with speed. Councilmember Butler commented it is an issue of behavior change and stated that perhaps there is a regular schedule of when the sign is placed on different residential streets, with different placements chosen. He asked the balance between warnings and citations on speeding. Commander Lenzmeier stated the ultimate goal is to change behavior and not to increase insurance costs for residents. He stated perhaps the speed trailer, experience of being pulled over, or receiving a citation is enough to change behavior. He stated he would support placing the speed sign in different locations on the roadway twice per year. He noted typically they were placing the sign in the spring and fall. He stated he could work with the residents to develop a plan of action of that type. Mayor Trude thanked the Velardes for their concern with the neighborhood and safety of the children. She also thanked Commander Lenzmeier for his input and willingness to help. She stated the Council will also continue to discuss this topic in a future workshop. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 11 Councilmember Bukkila commented perhaps the next newsletter features an article related to child safety near streets. COVID-19 UPDATE City Administrator Dickinson updated the Council on the primary changes to the COVID-19 response since the last meeting. He stated an updated COVID-19 Preparedness Plan was distributed to the Council tonight, noting the change to mask wearing within facilities. Motion by Holthus, Seconded by Bukkila, to approve the updated COVID-19 Preparedness Plan as presented. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Mr. Dickinson noted the Anoka County business and non-profit grant program is releasing a third phase of grants. ADMINISTRATOR’S REPORT (Administrative Staff Activities) – Mr. Dickinson stated a lot of his work has been spent on development activity and provided an update on requests that will come forward in the near future. He confirmed the public hearing could utilize Zoom in order to keep the number of people at City Hall to a minimum. Councilmember Butler asked if residents could also call into the meeting if not comfortable with Zoom. Mr. Dickinson stated that staff could investigate that option, but it has not been used in the past. Councilmember Butler commented he believes that Zoom allows people to call in. Mr. Dickinson reviewed some of the different options that have been utilized thus far for public meetings and confirmed that staff will continue to review options. He also provided an update on continuing work on projects. He stated staff continues to work with Anoka County related to the elections. He stated the Council needs to canvas the election results, noting that the County anticipated the counting of absentee ballots would be complete on November 10th Regular Andover City Council Meeting Minutes – November 4, 2020 Page 12 and asked if the Council would prefer to hold that canvassing meeting on the 12th or 13th. It was the consensus of the Council to hold the canvassing meeting on November 12th at noon. Motion by Holthus, Seconded by Butler, to call for the Council to hold a meeting to canvass election results at noon on November 12, 2020 via Zoom with a Clerk present at City Hall Council Chambers. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Mr. Dickinson thanked all of the election judges that served during the election and did an excellent job. He reported that election day went quite well. He commented City staff did an excellent job working through the process of early voting and its challenges. He noted at times there were over 400 people per day processed through City Hall for early voting. He thanked all of the department heads to free up staff to assist in the process. He highlighted names of City staff members that assisted in making the early voting process successful. (Public Works Staff Activities) – Mr. Berkowitz gave an update noting that the warmer weather this week has assisted in completing some projects and highlighted some of those activities. He commented on the large overlay project which is scheduled for 2021 and commented on the process that would be followed for those impacted by the project. He stated they anticipate that the review of potential development projects will keep staff busy in the coming months. He stated staff is also beginning to work on the CIP items slated for 2021. MAYOR/COUNCIL INPUT Mayor Trude thanked staff for all the hard work on the road project, noting the challenges with engineering for the stormwater. She congratulated Councilmembers Bukkila and Butler on their elections along with the new member Randy Nelson that will join the Council. She thanked everyone that volunteered to assist with the election. Councilmember Bukkila reminded residents that parking is no longer allowed on the streets overnight beginning in November. Councilmember Butler echoed thanks to the election judges and staff that assisted with the election and early voting. He commented that a large number of people participated in early voting this year that had not done so in the past and it was still a smooth process. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 13 Councilmember Barthel commented the walking track at the Community Center is open and he has been impressed with the number of people using the track. ADJOURNMENT Motion by Bukkila, Seconded by Butler, to adjourn. Motion taken by roll call: Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Amanda Staple, Recording Secretary TimeSaver Off Site Secretarial, Inc. Regular Andover City Council Meeting Minutes – November 4, 2020 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – NOVEMBER 4, 2020 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 AGENDA APPROVAL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS..........................................................................................................................2 Item 2 Approve Payment of Claims.............................................................................................2 Item 3 Initiating 2021 Equipment Proposals.................................................................................. 2 Item 4 Approve Septic Drainfield City Code Amendment (Ord. 512)........................................ 2 Item 5 Approve Demolition Quote for 2557 Bunker Lake Blvd. NW and 2526 138th Avenue NW & 3 Shed Removals at 2543 & 2527 Bunker Lake Blvd. NW................................. 2 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/20-2/2020 STREET RECONSTRUCTION (R083-20).....................................................................................3 Hold Public Hearing – 2020 DELINQUENT SERVICE CHARGES (R084-20)...........................6 RECEIVE AND DISCUSS VETERANS MEMORIAL BLVD. NW RESIDENT PETITION FOR ADDITIONAL SPEED LIMIT SIGNS...................................................................7 COVID-19 UPDATE.....................................................................................................................11 ADMINISTRATOR’S REPORT.................................................................................................. 11 (Administrative Staff Activities)................................................................................................... 11 (Public Works Staff Activities)..................................................................................................... 12 MAYOR/COUNCIL INPUT.........................................................................................................12 ADJOURNMENT......................................................................................................................... 12