City Council

REGULAR ANDOVER CITY COUNCIL MEETING – APRIL 6, 2021 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, April 6, 2021, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Valerie Holthus (remote), Jamie Barthel, Ted Butler, and Randy Nelson Councilmember absent: None Also present: City Administrator, Jim Dickinson Public Works Director/City Engineer, Dave Berkowitz Community Development Director, Joe Janish City Planner, Peter Hellegers City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Merle Prochniak, 2941 141st Avenue, came forward and discussed the City’s debt. He stated taking debt on top of debt and not figuring out the priorities of the City is problematic. He said his streets are in very poor condition. He stated the City needs to address debt and the condition of roads. Mr. Prochniak stated he went to the Park and Recreation Commission and asked that the tennis court be rebuilt at the City Hall Complex. Ben Riechers, 15844 Martin Street, came forward and stated everyone agrees on walking trails but he questions how they get funded. Mr. Riechers stated it is clear that trails can be funded through Park Dedication Fees, however, the City has decided that the trails cannot be funded through those fees unless the trails are located in a park. He said if residents were given an option between paying down the debt, constructing walkways, or pickleball courts, he said pickleball courts would be third. Hope Luedtke, 16932 Jivaro Street, came forward and said she respected how things worked in the City. She said she went to a lot of Planning and Zoning Commission meetings and saw the amount of work the Commissioners did. Ms. Luedtke stated when items from the Commissions came to the Council, it seemed their work was not recognized, and their views were not respected. She said she saw five of seven Park Commissioners not in favor of Regular Andover City Council Meeting Minutes – April 6, 2021 Page 2 pickleball. She encouraged the Council to focus on the City’s needs and not wants, and respect the work of the Commissions. AGENDA APPROVAL Motion by Barthel, Seconded by Nelson, to approve the Agenda as presented. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. APPROVAL OF MINUTES March 16, 2021 Regular Meeting and March 23, 2021 Workshop Meeting Motion by Barthel, Seconded by Nelson, to approve the March 16, 2021 Regular Meeting and the March 23, 2021 Workshop Meeting minutes as presented. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Bid/21-14, Tom Anderson Trail Maintenance Improvements & 20-18, Prairie Knoll Park Plan/North Parking Lot Paving (See Resolution R031-21) Item 4 Approve Resolution Accepting Donation from Andover Baseball Association for 2 New Bleachers (See Resolution R032-21) Item 5 Approve Resolution/Designating MSA Streets (See Resolution R033-21) Item 6 Acknowledge and Accept Bid Results/21-03, 2021 Crack Sealing/21-05, 2021 Pavement Markings/21-07, 2021 Trail Maintenance/21-10, 2021 Parking Lot Maintenance (See Resolution R034-21) Item 7 Approve Resolution/Adopting Comprehensive Plan and MUSA Amendment - PID# 24-32-24-43-0001 - City of Andover (Applicant) (See Resolution R035-21) Item 8 Approve Application for Exempt Permit/Anoka Area Chamber of Commerce Item 9 Approve Summary Ordinance for Publication for Amendment to City Code 12-12 related to Daycare Centers Operating within Religious Institutions and Schools (See Regular Andover City Council Meeting Minutes – April 6, 2021 Page 3 Ordinance 516) Item 11 Approve Public Works Organizational Changes Item 12 Approve On-Sale Intoxicating Liquor License Motion by Barthel, Seconded by Butler, to approve the Consent Agenda as read. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. HOLD PUBLIC HEARING: CONSIDER A NEGATIVE DECLARATION OF NEED OR ORDERING AN ENVIRONMENTAL IMPACT STATEMENT FOR THE FIELDS OF WINSLOW COVE DEVELOPMENT The Council is asked to conduct a public hearing to review the information provided through the Environmental Assessment Worksheet (EAW) process and decide on whether further environmental review is needed through an Environmental Impact Statement (EIS) or a Negative Declaration of Need for an EIS. City Planner Hellegers presented background on the Fields of Winslow Cove and stated the size of the development required an EAW. He explained the public comment period expired on April 1, 2021 and the City received comments from four organizations. Mr. Hellegers reviewed the comments received from the Metropolitan Council, Minnesota Pollution Control Agency (MPCA), Minnesota State Historical Preservation Society (MnSHPO), and the Minnesota DNR. Mayor Bukkila asked staff to highlight the outstanding requirements. Mr. Hellegers concluded the EAW is complete and all requirements are met. He stated a MnSHPO Archeological Survey and the MnDNR Rare Plant Survey are yet to be conducted. He explained most of the comments are related to permitting processes. Mayor Bukkila asked what the archeological study entails. Mr. Hellegers stated it is a process looking back as to what was formerly on the site and digging into the history. He stated there are no apparent burial mounds located on this site. Mayor Bukkila asked the length of time needed for that level of research. David Weetman, Westwood Professional Services, came forward and explained they would conduct a field survey, walking the fields to see if anything could be considered a cultural resource. He said it would take a couple days to complete and the study was a recommendation, not a requirement. Motion by Barthel, Seconded by Nelson, to open the Public Hearing at 7:27 p.m. Motion Regular Andover City Council Meeting Minutes – April 6, 2021 Page 4 taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. Marilyn Sullivan, 15712 Yellow Pine Street, came forward and stated she read the entire report and the report stated there was not a finding of wildlife of significant importance. She said there was no mention of turkeys, coyotes, eagles, and bluebirds. Ms. Sullivan asked staff to not use acronyms, because people do not know what they mean. Motion by Barthel, Seconded by Butler, to close the Public Hearing at 7:29 p.m. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. David Weetman, Westwood Professional Services, responded the report lists common species typical in the area and it is unable to list all species of animals. He explained the ones they are most concerned about are the ones on the DNR’s listed species. Motion by Holthus, Seconded by Barthel, to approve Resolution No. R036-21 approving record of decision and the negative declaration of an Environmental Impact Statement for the Fields of Winslow Cove residential development. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. RECEIVE OUTDOOR PICKLEBALL STUDY/DISCUSS 2022-2026 PARK CIP/21-15 The City Council is requested to receive the Andover Outdoor Pickleball Study prepared by WSB, Project 21-15 and direct staff on how to proceed with the potential project in the 2022- 2026 Park Capital Improvement Plan (CIP). Public Works Director Berkowitz gave background on the study and stated it narrowed the locations to three – City Hall Campus, Pine Hills North, and Prairie Knoll Park. It was determined the best location was the City Hall Campus. Mr. Berkowitz stated the cost ranges Regular Andover City Council Meeting Minutes – April 6, 2021 Page 5 from $250,000 - $453,000 including contingencies and engineering costs. Mr. Berkowitz explained that the Council, at a workshop, directed the item to go back to the Park and Recreation Commission for another review. He said the Park Commission discussed it at a workshop on April 1, 2021 and recommended not including pickleball courts in the 2022-2026 Park CIP. City Administrator Dickinson requested the Council make a motion accepting the report and then make a recommendation to staff on how to proceed. Motion by Barthel, Seconded by Nelson, to receive the Andover Outdoor Pickleball Study Project 21-15. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. Councilmember Butler stated there is confusion in the public about the source of funding for park improvements. He stated the funds are Park Dedication Fees paid by developers as new homes are built. Councilmember Butler said Park Dedication Fees are statutorily required to be used for park improvements and cannot be used for any other purposes. He said they are intended to improve the park system to help with the growing demand for parks as the City grows. Councilmember Butler said the pickleball courts would not be constructed with taxpayer dollars, it would come from Park Dedication Fees. Councilmember Butler said the draft CIP had allocated funds for the most expensive pickleball scenario and the study has provided the City with a range of costs and options. He stated no decisions have been made but a placeholder was put in the Parks CIP for outdoor pickleball courts. He said the placeholder can be moved up or down by reducing amenities, repurposing equipment, and partnering with the pickleball group. Councilmember Butler said the City adopts a 5-Year Capital Improvement Plan. He explained work starts with staff and Advisory Commissions who provide independent recommendations as to what amenities will best serve the community. The Park and Recreation Commission previously voted to include pickleball courts in year 5 of the Parks CIP. The City Council voted to include it in the 2021-2025 CIP. Councilmember Butler stated the Park and Recreation Commission reaffirmed the CIP placeholder after receiving the study. Councilmember Butler noticed that Council has interjected themselves into what is supposed to be an independent process by the Park and Recreation Commission to evaluate priorities, what amenities will serve the City best, and make a recommendation to the City Council. Councilmember Butler stated he would like to put this back in the Park and Recreation Regular Andover City Council Meeting Minutes – April 6, 2021 Page 6 Commission’s hands to see what their overall recommendation is for the 5-year CIP. He said Andover may not get outdoor pickleball courts, even if it is in the CIP. Councilmember Butler recommended tabling discussion of pickleball courts at the Council level and let the Park and Recreation Commission go through the 5-year CIP process and provide a recommendation to the Council about what amenities are a benefit the City. Motion by Butler, Seconded by Holthus, to table discussion of outdoor pickleball courts until the Park and Recreation Commission makes a recommendation of the 2022-2026 Parks CIP. Further Discussion: Councilmember Barthel stated he feels the pickleball courts were Council driven and not Park and Recreation Commission driven. He understands the amount of time the Commissions put into recommendations and does not want to handcuff them with Council direction prior to the Commission making a recommendation. Councilmember Nelson stated they are going around in circles and he agrees with the Park and Recreation Commission’s latest recommendation. Councilmember Butler stated the Park and Recreation Commission has not presented anything to replace pickleball courts in the CIP. He would prefer to let the Park and Recreation Commission go through the CIP process. Mayor Bukkila reviewed minutes from last year’s meetings. She explained the Park and Recreation Commission was approached by the pickleball community and the Commission did not act but reached consensus to look at it in the spring of 2021 when reviewing the Parks CIP. Mayor Bukkila stated the Council reviewed the Parks CIP in September of 2020. She read excerpts from meeting minutes where Mayor Trude asked why pickleball was not in the CIP and Park and Recreation Chair Lindahl replied the Commission did not see it happening unless they gave up a parking lot or existing project. Mayor Bukkila stated the Council had significant discussion and the Council initiated placing pickleball courts in the Parks CIP. She stated the process did not start out properly and came up late in the CIP discussion. Mayor Bukkila asked that it be sent back to the Park and Recreation Commission to get their true recommendation about pickleball and the result was 5-2 to remove it from the CIP. Mayor Bukkila stated the City has been through a lot in the past 3 years and it has culminated into fabulous buildings that are an asset to the City. She stated the Council has not had the opportunity to breathe and assess where they are now and where they want to go in the future. Mayor Bukkila said the pandemic then hit and budgets are questionable. She said it is time to sit still and see where the City is at. Mayor Bukkila feels outdoor pickleball courts need to be removed from the CIP and allow the Park and Recreation Commission to bring it back if they choose. She said Council asked the Park and Recreation Commission to reestablish the future facilities and needs list in order to lower Park Dedication Fees. Mayor Bukkila stated the Park and Recreation Commission now needs to establish priorities off the future facilities list. She explained that eventually the funding source will dry up when the City is done developing. Regular Andover City Council Meeting Minutes – April 6, 2021 Page 7 Councilmember Butler said he does not disagree with Mayor Bukkila but would like the Park and Recreation Commission to have a fresh start and recommend a 2022-2026 Parks CIP without involvement from the City Council. Mayor Bukkila stated she disagrees and will vote no on the motion. Councilmember Barthel stated he supports the motion because he is tired of it going back and forth. He said it should not be on the Council discussion list and he wants the Park and Recreation Commission to make their own recommendations. Mayor Bukkila said tabling the discussion means outdoor pickleball courts stay in the CIP. Councilmember Butler said it stays in the CIP until the Park and Recreation Commission decides it is not. Councilmember Nelson stated he supports the Park and Recreation Commission’s recommendation of dropping it. Councilmember Barthel clarified that if this motion passes, pickleball remains in the current CIP in 2025 and can be removed when the Park and Recreation Commission recommends their 2022-2026 Parks CIP. Mr. Dickinson stated Council will review the Parks 2022-2026 CIP in October. Mayor Bukkila said keeping pickleball in the Parks CIP gives the public hope that outdoor courts will be constructed and the Park and Recreation Commission has no intention of seeing it through. Councilmember Butler stated the Park and Recreation vote came after a Commission member stated the Council did not want the pickleball courts in the CIP. He said he wants to see their recommendation before he makes decisions. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - nay Motion carried 4 aye, 1 nay (Bukkila). DISCUSS/ACCEPT & AWARD BID/21-18/ADVANCED METERING INFRASTRUCTURE (AMI) The City Council is requested to discuss, accept, and award the bid for Project 21-18, Advanced Metering Infrastructure (AMI). Public Works Director Berkowitz explained that an Regular Andover City Council Meeting Minutes – April 6, 2021 Page 8 AMI is a Fixed Network Read System to read water meters. He said currently, meter reading is done manually and the contractor the City uses notified them they will be discontinuing the service in the near future. Mr. Berkowitz stated the project was initially scheduled for 2012 and has been pushed back many times. Mr. Berkowitz said the City received one bid from Core and Main, LP, for $1.18 million which is under the Engineer’s estimate. Mr. Berkowitz explained the process for rolling out the program and informing the public through letters, QCTV, and the City website. City Administrator Dickinson stated the project is funded through the Water Trunk Fund and the City has been preparing for this expenditure for years. Councilmember Butler stated that water users are paying for this improvement and those not on the water system are not charged. Mr. Dickinson replied that is correct however, property tax dollars are used for City buildings and public safety utility usage. Councilmember Butler asked if there will be any unusual changes to residents’ water bills. Mr. Dickinson stated the goal is to accurately read the meters and there may be some issues with conversion. He stated the City will work through these issues with homeowners as they arise. Motion by Barthel, Seconded by Nelson, to adopt Resolution No. R037-21 accepting bids and awarding contract for the improvement project No. 21-18 Advanced Metering Infrastructure to Core and Main. Motion taken by roll call: Councilmember Barthel - aye Councilmember Butler - aye Councilmember Holthus - aye Councilmember Nelson - aye Mayor Bukkila - aye Motion carried unanimously. ADMINISTRATOR’S 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 updated the Council on the community meetings he will be attending. The City is at 37 new home permits year-to-date. He stated there are commercial permits being pulled including one for a new restaurant. The City is going through the audit process and has implemented a finance system upgrade. (Engineering and Public Works) – Mr. Berkowitz reviewed the Public Works reorganization structure. The Community Garden was moved by Streets and Parks staff and will be ready by May 1st. The 2021 Overlay Program will start soon. The Tom Anderson Trail will be reconditioned, and the north parking lot will be paved at Prairie Knoll Park. Staff are Regular Andover City Council Meeting Minutes – April 6, 2021 Page 9 reviewing development activity. MAYOR/COUNCIL INPUT (City Commissions) – Councilmember Holthus stated she has sat on City Commissions prior to being on Council and respects the time and effort Commissioners put in. She stated she appreciates their work. Mayor Bukkila added her thanks as well. (Mill and Overlay Program) – Councilmember Nelson stated 9.5 miles of street will be milled and overlayed and is the largest project of its kind in Andover’s history. He said he is excited to see the project because this is one of the most talked about issues on the campaign trail. ADJOURNMENT Mayor Bukkila declared the meeting adjourned at 8:21 p.m. Respectfully submitted, Shari Kunza, Recording Secretary TimeSaver OffSite Secretarial, Inc. Regular Andover City Council Meeting Minutes – April 6, 2021 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – APRIL 6, 2021 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE..........................................................................................................1 RESIDENT FORUM.......................................................................................................................1 AGENDA APPROVAL.................................................................................................................. 2 APPROVAL OF MINUTES........................................................................................................... 2 CONSENT ITEMS..........................................................................................................................2 Item 2 Approve Payment of Claims.............................................................................................2 Item 3 Award Bid/21-14, Tom Anderson Trail Maintenance Improvements & 20-18, Prairie Knoll Park Plan/North Parking Lot Paving (R031-21).....................................................2 Item 4 Approve Resolution Accepting Donation from Andover Baseball Association for 2 New Bleachers (R032-21)................................................................................................ 2 Item 5 Approve Resolutions/Designating MSA Streets (R033-21).............................................2 Item 6 Acknowledge and Accept Bid Results/21-03, 2021 Crack Sealing/21-05, 2021 Pavement Markings/21-07, 2021 Trail Maintenance/21-10, 2021 Parking Lot Maintenance (R034-21).................................................................................................... 2 Item 7 Approve Resolution/Adopting Comprehensive Plan and MUSA Amendment - PID# 24- 32-24-43-0001 - City of Andover (Applicant) (R035-21)................................................2 Item 8 Approve Application for Exempt Permit/Anoka Area Chamber of Commerce...............2 Item 9 Approve Summary Ordinance for Publication for Amendment to City Code 12-12 related to Daycare Centers Operating within Religious Institutions and Schools (Ord. 516)................................................................................................................................... 2 Item 10 Approve Appointment/Maintenance Worker................................................................... 3 Item 11 Approve Public Works Organizational Changes.............................................................. 3 Item 12 Approve On-Sale Intoxicating Liquor License.................................................................3 HOLD PUBLIC HEARING: CONSIDER A NEGATIVE DECLARATION OF NEED OR ORDERING AN ENVIRONMENTAL IMPACT STATEMENT FOR THE FIELDS OF WINSLOW COVE DEVELOPMENT (R036-21).....................................................3 RECEIVE OUTDOOR PICKLEBALL STUDY/DISCUSS 2022-2026 PARK CIP/21-15...........4 DISCUSS/ACCEPT & AWARD BID/21-18/ADVANCED METERING INFRASTRUCTURE (AMI) (R037-21).............................................................................................................. 7 ADMINISTRATOR’S REPORT.................................................................................................... 8 (Administrative Staff Activities)..................................................................................................... 8 (Engineering and Public Works)..................................................................................................... 8 MAYOR/COUNCIL INPUT...........................................................................................................9 (City Commissions)......................................................................................................................... 9 (Mill and Overlay Program)............................................................................................................ 9 ADJOURNMENT........................................................................................................................... 9