City Council

REGULAR ANDOVER CITY COUNCIL MEETING – DECEMBER 15, 2020 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude (remote), December 15, 2020, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: All members present remotely: Valerie Holthus, Sheri Bukkila, Jamie Barthel, and Ted Butler Councilmember absent: None Also present: City Administrator, Jim Dickinson Public Works Director/City Engineer, David Berkowitz City Planner, Peter Hellegers Associate Planner, Jake Griffiths City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one appeared before the Council. MAYOR REMARKS Community Center Conference Room Naming – “Mike Knight Community Room” Mayor Trude explained the Council has discussed naming a room after Mike Knight to recognize his more than 40 years of service to the City. She identified the room as the large conference room on the first floor of the Community Center. Mayor Trude spoke about Mike Knight’s service as a coach, Commissioner, and Councilmember. Motion by Bukkila, Seconded by Barthel, to approve naming the Community Room at the Andover Community Center as the “Mike Knight Community Room”. Councilmembers and City Administrator thanked Mr. Knight for his leadership and mentorship. Kerri Knight Fischer spoke about her father, Mike, and what the City and service meant to Mike. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 2 Motion taken by roll call: Councilmember Barthel: aye Councilmember Bukkila: aye Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. APPROVAL OF THE AGENDA Mayor Trude announced supplemental information for Items 9, 19, 22, and 24 and removal of Item 3. Motion by Barthel, Seconded by Bukkila, to approve the Agenda as amended. Motion taken by roll call: Councilmember Barthel: aye Councilmember Bukkila: aye Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. APPROVAL OF MINUTES November 24, 2020 Workshop Meeting Mayor Trude requested a change to page 3, line 21: “…on smaller lots as a result of taking density away from Bunker/Crosstown Drive redevelopment area.” Mayor Trude requested a change to page 3, line 23: “…Comprehensive Plan as the Council agreed to after prolonged discussions of how to shift density to keep the plan approved by the Met Council.” Mayor Trude requested a change to page 4, line 23: “…Coon Rapids, with four stories that had been proposed for this site.” Mayor Trude requested a change to page 6, line 39: delete “to take away two acres for a park” and replace with “to set aside a few acres for a park.” November 24, 2020 Closed Meeting No changes. December 1, 2020 Regular Meeting Regular Andover City Council Meeting Minutes – December 15, 2020 Page 3 Mayor Trude requested a change to page 4, line 9 “…allocate an additional $1 million to roads besides what is budgeted.” Mayor Trude requested a change to page 6, line 2: “…apartment building in the Comprehensive Plan on Bunker.” Mayor Trude requested a change to page 10, line 8: “…Mayor Trude stated she would like to see fewer lots, add some wider lots should allow for a rambler style home…” Motion by Bukkila, Seconded by Butler, to approve the November 24, 2020 Workshop Meeting minutes as amended, November 24, 2020 Closed Meeting minutes as presented, and December 1, 2020 Regular Meeting minutes as amended. Motion taken by roll call: Councilmember Barthel: aye Councilmember Bukkila: aye Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 4 Approve Cost-of-Living Wage Adjustment for Non-Bargaining Employees (See Resolution R094-20) Item 5 Approve Change Order #1/20-17/Public Works Pavement Reconstruction (See Resolution R095-20) Item 6 Approve 2021 Used Vehicle Sales Business Licenses Item 7 Approve 2021 Massage Therapy License Item 8 Approve 2021 Tobacco Licenses Item 9 Approve 2021 Liquor Licenses Item 10 Approve Reimbursement of 2020/2021 On-Sale Liquor License Fees Item 11 Approve Donations for 2021 Senior Class Events Item 12 Receive November 2020 General Fund Budget Progress Report Item 13 Receive November 2020 City Investment Reports Item 14 Adopt 2021 Fee Ordinance (See Ordinance 513) Item 15 Approve Resolution Adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan (See Resolution R096-20) Item 16 Adopt 2018 Comprehensive Plan Update (See Resolution R097-20) Item 17 General Fund Budget Adjustments Item 18 Approve 2021 Residential Recycling Agreement with Anoka County Motion by Barthel, Seconded by Butler, to approve the Consent Agenda as read. Motion taken by roll call: Councilmember Barthel: aye Councilmember Bukkila: aye Regular Andover City Council Meeting Minutes – December 15, 2020 Page 4 Councilmember Butler: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. ANOKA COUNTY SHERIFF S OFFICE MONTHLY REPORT Commander Lenzmeier provided a monthly report for November responding to 1,029 calls for service. He stated Deputies in the City responded to 2 burglaries, 24 thefts, made 4 felony arrests, 9 misdemeanor arrests, 4 domestic assault arrests, and 61 traffic arrests. Commander Lenzmeier noted significant events including a fleeing suspicious vehicle and a heroin overdose. He reported a narcotic DWI and a property damage DWI. Commander Lenzmeier stated an assisted living facility reported a resident missing, staff located him partially in the pond and cold, but safe. PUBLIC HEARING – VACATION OF JIVARO STREET NORTH OF 165TH AVENUE NW City Planner Hellegers stated the Council is asked to hold a public hearing on a vacation of Jivaro Street right-of-way easement through the Petersen Farms property. Mr. Hellegers explained the roadway would go away but access to undeveloped properties would be replaced with Inca Street. Motion by Holthus, Seconded by Barthel, to open the public hearing at 7:34 p.m. Motion taken by roll call: Mayor Trude: aye Councilmember Butler: aye Councilmember Holthus: aye Councilmember Bukkila: aye Councilmember Barthel: aye Motion carried unanimously. Hope Luedtke, 16932 Jivaro Street, came forward and said the vacation of Jivaro Street includes the utilities that are there. She stated she is concerned about the phone and internet connection to the properties which will no longer be provided by CenturyLink. She does not think the property owners should have to pay for the change to Comcast. Ms. Luedtke asked if there is a fund to pay for the transfer of utilities since they are being forced to change. Ms. Luedtke asked if Lot 1 would be available prior to the Jivaro Street vacation requirements being met. Darren McDonald, 16927 Jivaro Street, came forward and said he learned today that his house cannot be accessed by emergency vehicles with the new road. He said there are unanswered questions about the safety of his home. He stated he is frustrated with the process, issues, and promises made and not kept. He stated he wants the Council to know there is a lot at stake and he continues to come back and fight issues. He said he would like them to look at it and make Regular Andover City Council Meeting Minutes – December 15, 2020 Page 5 sure things are done the right way. Adi McDonald, 16927 Jivaro Street, came forward stating she has the same concerns as Ms. Luedtke and Mr. McDonald. She said she has the constant feeling of being taken advantage of and has to fight for something that does not need to be fought for. She recalled the development plan was approved with the condition that the hook up to her property was done. Ms. McDonald stated emergency vehicles cannot access her property from the new access point. Darren Lazan, applicant, came forward to clarify the access issues. He stated the access issues have arisen because the (Luedtke/McDonald) current driveway is not within the new easement. He explained they have proposed a new 25-foot easement on the exact alignment with Jivaro Street. He said it was approved by residents and staff. Mr. Lazan discovered the existing driveway is not in the easement and encroaches on the developer’s property. He said existing Jivaro Street remains usable until the new access is completed. Mr. Lazan explained they built the road as requested. He said they have met with staff and have agreed to make modifications to make the roadway work. Mr. Lazan stated the utilities are an ongoing discussion item. He is providing all utilities to the end of Inca Street and is willing to contribute to the costs of providing connections to the Luedtke and McDonald properties. He stated they are providing underground gas, electric, and Comcast cable to the property line. Mr. Lazan stated the utilities will be installed in the spring and the existing utilities will remain and be maintained until then. He cannot commit to covering all costs to connecting utilities. Mr. Lazan wanted to be clear that everything the Luedtkes and McDonalds have right now will stay through the winter. Mayor Trude stated the developer is working through the issues with the Luedtkes and McDonalds and does not see these issues related to the vacation of the street. Mr. Dickinson responded these issues are addressed with the final plat approval. Mayor Trude asked if the issues can be set aside for this action of the Council. Mr. Dickinson stated she is correct. Mr. Dickinson explained the vacation of Jivaro Street is dependent on approval of the final plat. Darren McDonald, 16927 Jivaro Street, came forward and stated he knows the cost of installing utilities. He said if he goes from an overhead line to an underground line, they still have power, but it is expensive. He said he had to pay for the CenturyLink connection and even though Comcast may be better, he has to pay for that connection. He said he built his house on a City street not knowing that three years later, the street would go away. He wants Council to recognize the hardship he is under to pay for running utilities from Inca Street. He asked that if Council approves the vacation of Jivaro Street, that they add a clause that these items are discussed when the final plat is approved. Motion by Barthel, Seconded by Holthus, to close the public hearing at 7:55 p.m. Motion taken by roll call: Councilmember Barthel: aye Councilmember Bukkila: aye Councilmember Butler: aye Regular Andover City Council Meeting Minutes – December 15, 2020 Page 6 Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. Mayor Trude stated the family signed an easement agreement that said the access could change. She said at some point, the family knew it could happen. She asked City Attorney Baumgartner the cost of a developer to go offsite and work on other property. Mr. Baumgartner responded there are two separate easements over the same property. He said one is the right-of-way of Jivaro Street by the City maintaining Jivaro Street and the other is the separate easement signed over to the City in 1995. He explained it is a double-edged sword. He stated the facts of the case would show that the Luedtkes’ and McDonalds’ circumstances have been altered by no fault of their own. He said the developer is responsible for the issues within their property, however, if it impacts neighboring properties, it is unclear who is responsible. He stated the best-case scenario is to get this resolved outside of litigation because it is a difficult situation. He said he does not know the answer, but the best resolution is outside of litigation. Mr. Baumgartner said he sees both sides and understands both sides. He explained he does not know how this would be decided in litigation because both have valid points. Mayor Trude stated the City has not had any other situation where one family farm had to rely on access to their property through another family farm. She said this is a unique situation and the McDonalds were aware that the connection could change. She explained cable/internet providers come and go. She stated there is room for a little negotiation off-plat, but she is concerned that when Council requires a developer/property owner to go onto someone else’s property, it is a risk. She said she has not seen where a developer has been required to pay for something off site. Mayor Trude said a developer should try to be a good neighbor, but they do not need to pay for everything on the dotted line. She said that goes further than the City has ever gone. She asked Mr. Baumgartner if the City was hoping these things get resolved between now and the spring. Mr. Baumgartner responded Council will readdress the issue with the review of the next item. He stated the vacation of Jivaro Street is needed to approve the final plat. He stated the issue of utilities is unresolved. Mr. Baumgartner stated the vacation of the right-of-way does not remove all the easements. Mayor Trude stated the easement agreement indicated alternative access to the northern properties could be provided. She stated the developer and neighbors decided on Option A. She said there should be no other easements in play. Mr. Baumgartner stated the easement is valid until the City of Andover accepts Inca Street. Motion by Bukkila, Seconded by Holthus, to approve Resolution No. R098-20 granting the vacation of the Jivaro Street right-of-way easement as described in the staff report. Motion taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Regular Andover City Council Meeting Minutes – December 15, 2020 Page 7 Mayor Trude: aye Motion carried unanimously. APPROVE EASEMENT TERMINATION AGREEMENT – JIVARO STREET Mr. Dickinson stated the Easement Termination Agreement keeps the easement in place until the new roadway is constructed and accepted by the City. He stated it is consistent with the language in the original easement agreement. Mr. Dickinson stated there is still a discussion on the utilities in the easement. Mr. Dickinson stated Council is asked to approve the Easement Termination Agreement and authorize staff to obtain the necessary signatures. Mayor Trude stated this gives clear title to the property but does not address the utilities. She said the utilities are part of the final plat. Mr. Baumgartner suggested the Council move to approve the Easement Termination Agreement contingent upon resolution of the utilities. Mr. Baumgartner stated it is simpler to tie the utilities to the Easement Termination Agreement since it is where the utilities lie. Mayor Trude stated it makes sense to put it in this agreement because the termination will not be complete until the new roadway is complete. Mr. Baumgartner replied it helps the developer gain more time to resolve the utilities and not hold up the progress of the development. Councilmember Holthus stated Council would move to approve this contingent upon utility connections to the Luedtke’s and McDonald’s property. Mr. Dickinson recommended putting it in the final plat authorization because the easement is going to exist until the final plat is approved. He stated it should be part of the development contract, which is referenced in the Easement Termination Agreement. Mayor Trude summarized that Council can approve the Easement Termination Agreement and approve the final plat. She said in the final plat, there is one line item that talks about the development contract which states all conditions need to be satisfied. She further explained one of the conditions will be the utility issue. Councilmember Holthus stated she does not want the utility hookups to be swept under the rug. She believes the McDonalds and Luedtkes should get their hookups and the developer should pay for it since it is no fault of their own. Councilmember Bukkila state she agrees with Councilmember Holthus. She said the utilities should be replaced with a similar level of service. Councilmember Barthel stated he agrees with Councilmembers Holthus and Bukkila. Councilmember Barthel stated it is no fault of their own and they have to be granted the utilities without having to pay. Councilmember Barthel stated the City cannot control who Regular Andover City Council Meeting Minutes – December 15, 2020 Page 8 provides the utilities, but it must be comparable. Councilmember Butler agrees with his fellow Councilmembers that it does not seem fair. He stated he is worried about the precedence it sets for one property owner to be responsible for costs located on property owned by another. Mr. Dickinson stated staff are looking for the correct location on the resolution to add the contingency, if it cannot be taken care of in the development contract. Mayor Trude stated it is a complicated issue because the easement is unique. She said the City has always required developers to take utilities to the end of the property but have never made a developer take the utilities onto land they do not own and control. Mayor Trude said if Council goes that direction, she wants to make sure it is on safe legal footing because she is concerned about the City’s liability and the property rights of all involved. Councilmember Bukkila stated those that came before this Council put the City in this position and the current Council has no other option than to deal with it. Councilmember Bukkila is looking at it differently because it is in a rural area where the utility hookup is a long distance to the home. She asked if the burden is because the cost is so high or because it is the right thing to do. Councilmember Butler asked what the cost would be to hookup similar utilities to the homes. Mr. Dickinson replied they did not have the exact cost at this point and it is something they would work out. He said the development contract is where costs are shared, and securities are set up for the development to go forward. Councilmember Butler asked who is going to sign off that the utility hookups are providing a similar level of service. He stated the decision needs to be written in indisputable language as to what the meaning of similar level of service is. Mr. Dickinson explained the Council is looking at the Easement Termination Agreement which states the easement goes away when the improvements that are identified in the development contract are accepted by the City. Motion by Bukkila, Seconded by Holthus, to approve the Easement Termination Agreement of Jivaro Street. Motion taken by roll call. Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. CONSIDER APPROVAL OF MEADOWS AT PETERSEN FARMS FINAL PLAT City Planner Hellegers presented the final plat for the Meadows at Petersen Farms. Mr. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 9 Hellegers identified the location of the development and displayed the plat map. He showed the access to the undeveloped property to the north. The proposed final plat creates forty-six (46) single-family rural residential lots. Mr. Hellegers explained condition 17 resolves the issue of the access drive to the homeowners residing at 16927 Jivaro Street and 16932 Jivaro Street. He stated the resolution will include comments identified in the previous agenda items. Councilmember Barthel asked if the end of Guarani Street would connect and be a second access point for this development. Mr. Hellegers stated there are temporary cul-de-sacs at the north and south end of Guarani Street providing for future connections. Councilmember Barthel asked if there will be easements on those properties. Mr. Hellegers stated there are roadway and utility/drainage easements on the north, and south has a temporary easement. Public Works Director/City Engineer Berkowitz stated the City is taking a roadway easement on the north end of Guarani Street and explained there is a median that the City would like the HOA to take responsibility for. He stated the cul-de-sac to the north will be permanent and the cul-de-sac to the south will be temporary. Councilmember Holthus referred to Condition 15 and asked staff to explain how emergency vehicles would access the properties to the north. Mr. Berkowitz stated the existing Jivaro Street will stay in place until the City accepts the development and takes over the new roadways. He said the homes currently have emergency access. Mr. Berkowitz stated Fire Department staff took a truck out and had difficulty maneuvering the turn on Inca Street and the City is working with the developer to make sure emergency vehicles can access the two northern properties before there is final approval. Councilmember Holthus asked if the turn was too tight for a ladder truck. Mr. Berkowitz replied staff is working with the developer to resolve the issue. Councilmember Holthus asked how the turn on Inca Street can be modified to accommodate emergency vehicles. Mr. Berkowitz stated the original design had the center of the road on the property line between the Luedtke and McDonald properties. He stated the gravel road is on the right side of the line and does not exist on the left side. Mr. Berkowitz said the intent was to connect to the existing gravel road. He said to make that work, they are looking at providing extra pavement and gravel to make it easier for emergency vehicle access. Councilmember Barthel asked if the road extension to the Luedtke and McDonald properties will go away when they develop and if Inca Street will be the connection. He asked what happens to the land the temporary road sits on. Mr. Berkowitz replied that when Inca Street connects to Navajo Street in the future, this easement goes away and the land goes back to the property owner. Mr. Berkowitz stated the developer to the north would have to take the road out or the property owner of Lot 1 would have the option to keep it. Mayor Trude asked why the utilities cannot be connected to the existing gravel road. Mr. Berkowitz replied the utilities can be brought to the existing connection from Inca Street. He explained the unknown is connecting Comcast to a CenturyLink line. If Comcast cannot connect to the existing line, a new line will need to be run to the homes. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 10 Mayor Trude reiterated that electric utility is not a problem, but cable/internet is since CenturyLink does not want to keep them as a customer. She asked about the natural gas utility. Mr. Dickinson replied the homes have propane. Mayor Trude stated the developer would not have to bring in natural gas since it is not an existing utility for the Luedtkes and McDonalds. Mr. Dickinson stated the utilities under discussion are electricity and phone/internet/cable. Councilmember Barthel asked if CenturyLink is putting fiber through this development. Mr. Berkowitz stated CenturyLink is not running fiber unless the developer pays for it. Comcast has agreed to run their line in this development. Councilmember Butler asked if the CenturyLink line stayed in, would Comcast use their line or would the residents be without service. Mr. Berkowitz stated CenturyLink has bowed out of developments over the last five years and they are choosing not to service this area. Comcast has decided to be part of the development. Mr. Dickinson stated he represents the City on the Cable Commission and they are looking at cancelling the franchise with CenturyLink. Councilmember Butler asked if Comcast would not provide access to the properties on Jivaro Street because it is too far from the border of the development. Mr. Lazan reiterated that CenturyLink is not going into new developments because CenturyLink is not supporting the development nor attempting to gain new customers. He stated Comcast is providing a good level of service for voice, data, TV, and security. He stated if there is a cost to bringing it to the north, he will add it to the cost of the lot total. Mr. Lazan stated if the Luedtkes and McDonalds agree to having Comcast as the provider, then the issue is resolved. He stated the developer is willing to contribute to the cost of the connection. Mr. Lazan stated if there is an agreement to Comcast, Connexus, and overhead electrical lines, then he is prepared to make an offer and get something in place. Mr. Dickinson stated the Luedtkes and McDonalds have agreed to Comcast, now the issue is if overhead power lines are acceptable. Mr. Lazan stated if that there is an agreement on the utilities, he is prepared to make an offer and pay for 100% of the costs for the connection to the property line and $2,500 escrow to bring the connections to the homes on their property. Mr. Lazan made it clear that they will not be doing any work on the Luedtke and McDonald property. Mr. Dickinson stated that the agreement can be added to the development contract. Mayor Trude stated the Council was under the impression it was more complicated than it is. She stated connecting to the power that is there, switching to Comcast, having the developer contribute to the cost, and running the utilities to the property line, is a reasonable solution. Mr. Lazan stated there is not a power line on the property today. He explained they are demoing the poles on existing Jivaro Street, replacing the pole on the property line, and running the line to Inca Street. He stated there will be some disruption of service as the line is placed. Mr. Dickinson explained the development contract is the appropriate place to work out these details with the commitments the developer has made. Mr. Lazan stated the offer is contingent on getting all the signatures to vacate existing Jivaro Street and getting the easements cleaned up. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 11 Councilmember Bukkila asked for a 10-minute recess to have the staff write up the agreement and add it to the resolution. Mr. Baumgartner stated it does not need to be written in the resolution because the resolution is contingent on entering into a development agreement that is acceptable to the City Attorney. He explained language would be incorporated into the development agreement before it is executed because the final plat approval is contingent on the City Attorney accepting the development agreement which will be modified to include this language. He said everything Council wants is already in a line item in the resolution. Councilmember Butler stated Council is relying on the City Attorney to incorporate their direction into the agreement. Mr. Baumgartner stated that is correct and he has taken notes. He stated it is reviewed by multiple people to make sure nothing is missed. Mayor Trude asked Councilmembers if their questions and concerns have been addressed. Councilmembers replied their concerns have been resolved. Councilmember Bukkila asked the Luedtkes and McDonalds to come to the podium and express their agreement or concerns. Darren McDonald, 16927 Jivaro Street, came forward and stated it is two utilities, electricity, and cable/internet. He said his concern is that there will be additional costs and wants to make sure the details are laid out. Mr. Dickinson replied the developer is going to designate funds to go towards the cost and the property owners will be the ones to authorize the work. Mayor Trude reiterated the developer will cover the costs when they know the amount and the bill will be charged to the property owners. She stated development agreements have a lot of clout that will ensure the work is completed appropriately. Mr. Dickinson stated the development contract is valid until the last house is built. Mayor Trude stated she understands it is difficult and the property owners will need to sign off on the Easement Termination Agreement in order for things to move ahead. She said Mr. McDonald can contact staff with any questions. Mr. McDonald said he is concerned because there has not been a good track record and he wants to make sure it gets done right now. Hope Luedtke, 16932 Jivaro Street, came forward and asked if it has to be a specific dollar amount that is set aside for escrow. She asked that the language states every cost will be covered in case costs are higher for electric, phone, and internet. Mayor Trude stated staff is capable of sorting this out and she is sure it will be done right. Mr. Lazan stated they made an offer to cover 100% of the connection cost to the property line and install a new electric pole. He said he will bring Comcast to the property line. Mr. Lazan stated they will contribute $2,500 to the cost of the property owners to bring connections to their homes. He said the offer is not to cover 100% of the costs to install the lines as far as they need to go. Mr. Lazan did not feel that was reasonable. He said he is concerned about Regular Andover City Council Meeting Minutes – December 15, 2020 Page 12 writing a blank check to cover items that are not determined. He feels $2,500 to run the Comcast line is appropriate. He explained they can get a quote from Comcast to identify the cost. Mr. Dickinson said Comcast and Connexus are working up costs and that number will be placed in the development contract. Mayor Trude stated providing like services is sufficient. She stated staff has direction from Council on what to put in the development agreement. Adi McDonald, 16927 Jivaro Street, came forward and asked that it be noted in the minutes that the Luedtkes and McDonalds are not greedy people. They are not going to ask for something they do not already have. Mr. Dickinson stated Council requested a new condition for the roadway access to 16927 and 16932 Jivaro Street making it clear that Option A is chosen, and the road will go across Block 3, Lot 1, meet City requirements for a roadway, be reviewed and approved by the City Attorney, and recorded with the County with the final plat. Councilmember Bukkila stated the Council is reviewing the development and how it affects the residents in the development, the Petersens, the Luedtkes and the McDonalds. She said they try to be fair and reasonable across the board in negotiating with developers and property owners. Councilmember Bukkila said she prefers the developer makes sure the power is restored and the connection made. If the property owners wanted to upgrade or add things, that expense would be on the property owner. Motion by Holthus, Seconded by Bukkila, to approve Supplemental Resolution No. R099-20 approving the Final Plat for the Meadows at Petersen Farms. Motion taken by roll call. Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. Mayor Trude apologized that it has been a difficult process and stated the Luedtkes and McDonalds have been very patient. She thanked them for their citizenships and patience. CONSIDER INTERIM USE PERMIT/MINING & LAND RECLAMATION/PID# 07-32- 24-34-0002/JD HOLDINGS Mayor Trude announced the item and stated it moved quickly through the Planning and Zoning Commission with a recommendation for approval. Mayor Trude asked Councilmembers if they wanted a staff presentation. Council concurred that a staff presentation was not needed. Motion by Bukkila, seconded by Barthel, to approve Resolution No. R100-20 Granting an Regular Andover City Council Meeting Minutes – December 15, 2020 Page 13 Interim Use Permit for Mining and Land Reclamation at PID# # 07-32-24-34-0002. Motion was taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. Mayor Trude recessed the Regular Council Meeting at 9:15 p.m. Mayor Trude reconvened the Regular Council Meeting at 9:25 p.m. SKETCH/PUD CONCEPT PLAN REVIEW/PID# 30-32-24-43-0001/CAPSTONE HOMES, INC. Associate Planner Griffiths stated the Council is asked to review a concept plan for Capstone Homes on the south side of Bunker Lake Boulevard on the Sonsteby property. He reviewed the definition and purpose of a PUD and sketch plan. Mr. Griffiths gave background information on the Comprehensive Plan, density requirements, and how it relates to the current development proposal. He stated the area is zoned for Urban Residential Medium which is 8 to 12 units per acre and the developer is proposing 5.79 units per acre. Mr. Griffiths explained the Council was given an updated sketch plan at the meeting showing a 3/4 access as requested by the Planning and Zoning Commission. Mr. Griffiths showed the access points, the utility connections, tree preservation plan, screening and buffering plan, and storm water management. Mr. Griffiths presented a sample of the house elevations and referred the Council to additional information about the home styles in the staff report. Mr. Griffiths presented PUD Review Criteria and presented 10 proposed PUD standards. He explained the property is currently zoned M-2 and recommended rezoning it to R-4 because the PUD would require fewer deviations. He stated the developer is requesting changes to the lot depth and width, cul-de-sac length, and setbacks. Mr. Griffiths explained staff would like feedback on the concept plan and the proposed density which does not conform to the updated Comprehensive Plan. Mr. Griffiths stated solutions include transferring the density shortage to the north side of the Bunker Lake Boulevard or go through a Comprehensive Plan Amendment and allocate the shortage to other areas in the City. Mr. Griffiths reviewed the Advisory Commission comments. He stated the Park and Recreation Commission recommended cash in lieu of land. Mr. Griffiths stated the Planning and Zoning Commission requested the ¾ access be required and 6 Commissioners supported transferring the credits to the north side of Bunker Lake Boulevard while 1 Commissioner would like to see the property have a higher density product. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 14 Councilmember Bukkila asked the acreage of the south side. Mr. Griffiths replied the south side is 8.3 acres. Councilmember Bukkila asked how many units would need to be transferred to the north side. Mr. Griffiths replied approximately 20 units would need to be transferred. Mayor Trude asked if the proximity of the buildings were so close that the Fire Department would require fire protection. Mr. Griffiths replied the building inspector had concerns that the 5-foot setback would not meet building code and the developer is proposing fire protection to the homes. Mayor Trude stated she is concerned about the units on the stubbed driveways. She would rather see a wider circle with more driveways instead of the street stubs. Mayor Trude is okay with transferring density to the north side and this development would bring a product to the City that people are looking for. She said it is affordable with access to roads and shopping. Mayor Trude supports the buffers, tree preservation, and the ¾ access. Tom Bakritges, Capstone Homes, approached Council to present the Capstone development. He explained the detached townhome product is very popular and sells well. He described the Liberty Homes Series, size, square footage, and price. Mr. Bakritges stated an HOA will operate and maintain the development. He detailed the fire separation distance and safety measures. Mr. Bakritges gave further information on the setbacks of the Liberty series. Mr. Bakritges feels they are proposing a good product for the location and have made changes based on staff and Planning and Zoning Commission feedback. He explained this site is designed with the right housing product with a PUD designation. Mr. Bakritges said this product provides for a good transition from single-family housing on the south to higher density on the north. He explained when the City changed the density for this area from 6-12 units per acre to 8-12 units per acre, it made it difficult to make the density without an attached product. He is working on the density transfer with the property owners to the north. Mr. Bakritges discussed the amenities of the development which include trail connections, landscaping, and over story trees. Mr. Bakritges stated all of the staff comments have been resolved and built into the presented plan. Mr. Bakritges discussed off-site development costs, including the hook-up location for the water main. He said the watermain loop would be around $60,000 and feels the cost should be shared with the property to the north. Mr. Bakritges stated the ¾ turn lane access is approximately $155,000 and the right turn lane is about $120,000. He said the total extra cost is around $40,000 per acre. Mr. Bakritges is requesting City participation, cost-sharing, or a 429 Improvement scenario. He will look at all these options and see what they can do. Mr. Bakritges stated Capstone is excited to be in Andover with this product which brings value and appeals to a wide variety of buyers. Councilmember Bukkila asked why the City would participate in cost-sharing on a PUD which is already a compromise to a normal development. Mr. Bakritges explained they are forced to doing something with only one access in. He would like City or County assistance. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 15 Mayor Trude stated Andover has not helped developers in housing except where they needed to clean up the land. She suggested reducing the land price if the cost of the infrastructure is too burdensome. Mr. Bakritges asked to have the conversation with staff and come back to Council to present an option. Mayor Trude stated a 429 is available to any developer and helps plan financing for infrastructure improvements. She stated Mr. Bakritges can work with staff on that. Mr. Dickinson said a 429 is an option and if they can demonstrate the work on Bunker Lake Boulevard benefits the north and south property, there may be room for cost-sharing with the North. He said staff can work with the developer to help bring down costs. Councilmember Bukkila asked about the length of the cul-de-sac. Mr. Berkowitz stated it is not ideal, but it is the only option. Mr. Berkowitz required drainage and utility easements for snow removal and stated the City prefers the long driveways instead of a large cul-de-sac. Mr. Griffiths stated the stubs are private roads maintained by the HOA. Mayor Trude asked if there would be parking issues. Mr. Berkowitz replied the City required a standard width road which can accommodate parking. Mayor Trude asked if there was enough room for cars to park if the driveways were going to be so close together. Mr. Berkowitz replied they would find space. Councilmember Barthel stated he is fine with the sketch plan. He supports the ¾ access off of Bunker Lake Boulevard for emergency access. Councilmember Barthel is disappointed the City cannot work with the neighbors to the south to provide an additional access point at 41st. He does not agree with cost sharing. Councilmember Butler said he is okay with transferring density to the north but does not want to see density transferred to other areas of the City. He is concerned about the lack of amenities in the development. He asked if the City should transfer more density to the north to add more amenities to this parcel. Councilmember Butler stated the berm on Bunker Lake Boulevard is incredibly important. He is not in favor of the City cost-sharing in this development. Councilmember Holthus stated she does not like the idea of cost-sharing. She does not mind transferring density to the property on the north but nowhere else in the City. Councilmember Holthus stated there is an Anoka park and a library nearby so she is okay with the lack of amenities in the development. She is okay with the sketch plan as is. Councilmember Holthus does not like the long driveways off the cul-de-sac. Councilmember Bukkila stated she is open to the density changes but would like to make sure the north side has a good product. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 16 Mr. Griffiths explained this area has always been identified as a higher density property. Mr. Griffiths stated to meet the density in the Comprehensive Plan, the product would have to be attached homes or a small apartment building. He stated by reducing the density, you are getting a better product. Mr. Griffiths said that since the property is under one ownership, the City has the ability to transfer the density to the north easily. Mayor Trude asked if the product on the north side of Bunker Lake Boulevard will look like what the Council saw at a workshop meeting or would it look worse. Mr. Griffiths replied there will be a slight increase in units. Councilmember Bukkila stated she is not supportive of cost-sharing. She said the development should support itself and has only supported assisting commercial development. She supports the ¾ turn. Councilmember Bukkila supports the density sharing because of the quality of the product. She does not support moving the density to other areas of the City. Mr. Dickinson stated the plan for the north property that the Council saw last week is close to meeting the density needed to support a transfer from the proposed development. He does not think it is going to be as complicated as it sounds. Mayor Trude summarized the concerns Council had about the north parcel proposal stating their concerns were layout and traffic access, and not density. She asked if that affected their opinion on this proposal. Councilmember Bukkila stated she does not know if it will affect her opinion because what she saw on the northern parcel proposal, she did not like. She stated if they can arrange the puzzle pieces to make it safer, she would support it. Mayor Trude stated Mr. Dickinson explained additional units may not be needed and the layout can be changed. Mr. Dickinson affirmed her comments as accurate. Mayor Trude stated the advantages of the development are single-family units, owner occupied, HOA maintained, and affordable pricing. She said for people watching at home asking why the Council is looking at a development like this, it is because the Met Council would have them put a small apartment building there. She said this looks better than what could be there. She said the intersection of 7th Avenue and Bunker Lake Boulevard is not what they typically see in Andover but is what it needs to be to meet the density of the Met Council. Councilmember Barthel asked if Council changes the density in this area, does it affect the property to the north. Mr. Dickinson replied it is about the same. Mr. Griffiths stated the north remains as it is guided in the Comprehensive Plan. SCHEDULE ADVISORY COMMISSION INTERVIEWS Mr. Dickinson discussed the scheduling of Advisory Commission interviews to fill 11 Regular Andover City Council Meeting Minutes – December 15, 2020 Page 17 vacancies on City Commissions and has only received 4 applications to date. He suggested extending the deadline for applications to December 31, 2020 and set the interviews at the January 5th meeting. Motion by Butler, Seconded by Barthel, to extend the Commission application deadline to December 31, 2020. Motion was taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. SCHEDULE JANUARY COUNCIL WORKSHOP MEETING Mr. Dickinson requested the Council schedule a workshop for the month of January to discuss agenda items presented in the staff report. Motion by Holthus, Seconded by Butler, to schedule a Council Workshop on January 26, 2021 at 6:00 p.m. Motion was taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. SCHEDULE JANUARY EDA AND HRA MEETING Mr. Dickinson requested the Council schedule an EDA meeting for the month of January to discuss agenda items presented in the staff report. Motion by Barthel, Seconded by Bukkila, to schedule an EDA meeting on January 19, 2021 at 6:00 p.m. and an HRA meeting on January 19, 2021 immediately following. Motion was taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. Mr. Dickinson stated staff will present a standing workshop meeting on the 4th Tuesday of every month as part of the Organizational Meeting as suggested by Councilmember Barthel. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 18 COVID 19 UPDATE City Administrator Dickinson updated the Council on the primary changes to the COVID-19 response since the last meeting. He stated the Governor’s Executive Order has extended through January 30, 2021. Mr. Dickinson stated the Governor will make an announcement December 16th with updated openings or an extension in closing businesses. Mr. Dickinson stated the Community Center has the potential of opening on December 19th and the main rink may be ready. He stated the Community Center will open on a limited capacity and they plan on opening the field house and walking track. Mr. Dickinson reported staff impacts by COVID has decreased and the City has functioned at an acceptable staffing level. ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (Administrative Staff Activities) – Mr. Dickinson stated the City is at 135 new home starts. Finance is working on reporting to County and State. (Public Works) – Mr. Berkowitz stated the City began flooding on December 13th and hope to be open by the holiday break. Mr. Berkowitz thanked Mayor Trude for her service and support. Mr. Dickinson presented a Certificate of Appreciation to Mayor Trude for 20 years of service to the citizens of Andover. He stated she will be missed and a lot of good work was done. He wished Mayor Trude the best. MAYOR/COUNCIL INPUT (Mayor Trude’s Last Meeting) – Mayor Trude stated her public service has been a blast. She said she will enjoy her privacy and her family. She will be retired and is looking forward to her time. She stated Councilmember Bukkila will do a fine job as Mayor and virtually passed the gavel. Councilmember Holthus recognized Mayor Trude for her service. She stated she has seen Mayor Trude since she was first elected and appreciates the fact that Mayor Trude understands Andover is all about family. Councilmember Holthus commended Mayor Trude for vision in the development and implementation of the Community Center. She stated that without Mayor Trude’s hard work, Andover would not have the same quality and class. Councilmember Butler stated Andover today is far and beyond a better community than it was 20 years ago. He said the signature amenities the City has included the involvement of Mayor Trude. He offered her a sincere thank you for all she has done for the community. Councilmember Butler stated Mayor Trude has always put in her full effort for what’s best for the City of Andover. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 19 Councilmember Barthel stated Mayor Trude left a legacy and is committed to family and community. He said he found it phenomenal to work with her and she gave a 100%. He wished Mayor Trude the best of luck. Councilmember Bukkila stated Mayor Trude was a guiding light in the room and the consummate cheerleader. She said there was no question in Mayor Trude’s pride in her work or her passion. She congratulated Mayor Trude on all she has accomplished and appreciates the challenges between them because Mayor Trude made her better. ADJOURNMENT Motion by Butler, Seconded by Barthel, to adjourn the meeting at 10:49 p.m. Motion was taken by roll call: Councilmember Barthel: aye Councilmember Butler: aye Councilmember Bukkila: aye Councilmember Holthus: aye Mayor Trude: aye Motion carried unanimously. Respectfully submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc. Regular Andover City Council Meeting Minutes – December 15, 2020 Page 20 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – DECEMBER 15, 2020 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 Mayor Remarks: Community Center Conference Room Naming-“Mike Knight Community Room”...............................................................................................................................1 APPROVAL OF THE AGENDA................................................................................................... 2 APPROVAL OF MINUTES........................................................................................................... 2 CONSENT ITEMS..........................................................................................................................3 Item 2 Approve Payment of Claims.............................................................................................3 Item 4 Approve Cost-of-Living Wage Adjustment for Non-Bargaining Employees (R094-20) 3 Item 5 Approve Change Order #1/20-17/Public Works Pavement Reconstruction (R095-20)...3 Item 6 Approve 2021 Used Vehicle Sales Business Licenses..................................................... 3 Item 7 Approve 2021 Massage Therapy License.........................................................................3 Item 8 Approve 2021 Tobacco Licenses......................................................................................3 Item 9 Approve 2021 Liquor Licenses........................................................................................ 3 Item 10 Approve Reimbursement of 2020/2021 On-Sale Liquor License Fees............................3 Item 11 Approve Donations for 2021 Senior Class Events........................................................... 3 Item 12 Receive November 2020 General Fund Budget Progress Report.................................... 3 Item 13 Receive November 2020 City Investment Reports.......................................................... 3 Item 14 Adopt 2021 Fee Ordinance (Ord. 513)............................................................................. 3 Item 15 Approve Resolution Adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan (R096-20)................................................................................................3 Item 16 Adopt 2018 Comprehensive Plan Update (R097-20)....................................................... 3 Item 17 General Fund Budget Adjustments...................................................................................3 Item 18 Approve 2021 Residential Recycling Agreement with Anoka County............................3 ANOKA COUNTY SHERIFF S OFFICE MONTHLY REPORT.................................................4 PUBLIC HEARING - VACATION OF JIVARO STREET NORTH OF 165TH AVENUE NW (R098-20)..........................................................................................................................4 APPROVE EASEMENT TERMINATION AGREEMENT - JIVARO STREET......................... 7 CONSIDER APPROVAL OF MEADOWS AT PETERSEN FARMS FINAL PLAT (R099-20) 8 CONSIDER INTERIM USE PERMIT/MINING & LAND RECLAMATION/PID# 07-32-24- 34-0002/JD HOLDINGS (R100-20).............................................................................. 12 SKETCH/PUD CONCEPT PLAN REVIEW/PID# 30-32-24-43-0001/CAPSTONE HOMES, INC. .......................................................................................................................... 13 SCHEDULE ADVISORY COMMISSION INTERVIEWS.........................................................16 SCHEDULE JANUARY COUNCIL WORKSHOP MEETING..................................................17 SCHEDULE JANUARY EDA AND HRA MEETING............................................................... 17 COVID 19 UPDATE.....................................................................................................................18 ADMINISTRATOR REPORT......................................................................................................18 (Administrative Staff Activities)................................................................................................... 18 (Public Works) .......................................................................................................................... 18 MAYOR/COUNCIL INPUT.........................................................................................................18 Regular Andover City Council Meeting Minutes – December 15, 2020 Page 21 (Mayor Trude’s Last Meeting)....................................................................................... 18 ADJOURNMENT......................................................................................................................... 19