City Council

REGULAR ANDOVER CITY COUNCIL MEETING – DECEMBER 20, 2022 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, December 20, 2022, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, Randy Nelson, and Valerie Holthus Councilmembers absent: None Also present: City Administrator, Jim Dickinson Public Works Director/City Engineer, Dave Berkowitz City Planner, Joe Janish City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Hope Luedtke, 16932 Jivaro Street, came forward and stated she is speaking for herself and her daughter’s family. Ms. Luedtke stated she is in opposition of Phase 3 of Petersen Farms. She is concerned that 33 new homes only have 1 exit, increasing traffic on 165th Avenue and 7th Avenue, and overall traffic safety. Ms. Luedtke stated the plan before the Council is not what it was in 2018. She stated the second access will not occur for a very long time. Ms. Luedtke asked if the Council had a workshop about the development or is this the only time they have seen it. She asked how many people were sent the letter. Ms. Luedtke asked the Council to be strong for the community and consider those that live there and those that will be moving in. She understands the area will be developed but doesn’t believe it should be pushed through without looking at the big safety issue. Ms. Luedtke asked the Council to hit the pause button and push the project out 3-4 years for the roundabout to be built. Merle Prochniak, 2941 – 141st Avenue, came forward and stated the City should take a pause and Regular Andover City Council Meeting Minutes – December 20, 2022 Page 2 look at other ways of doing things. He stated the City shouldn’t make hasty decisions and should look at Commission recommendations. Mr. Prochniak stated there is no guarantee the Red Oaks neighborhood will get City water and sewer. He said the City should have something in place to address the issue. Mayor Bukkila stated she appreciates when residents come in during the project instead of after the project and thanked the residents that spoke at open forum. AGENDA APPROVAL City Administrator Dickinson announced two supplemental items for Items 3 and 19. Motion by Nelson, Seconded by Butler, to approve the Agenda as amended. Motion carries unanimously. APPROVAL OF MINUTES November 22, 2022 Workshop Meeting Minutes November 22, 2022 Closed Meeting Minutes December 6, 2022 Regular Meeting Minutes Motion by Barthel, Seconded by Nelson, to approve the November 22, 2022 Workshop Meeting Minutes, November 22, 2022 Closed Meeting Minutes, and December 6, 2022 Regular Meeting Minutes as presented. Motion carries unanimously. CONSENT ITEMS Regular Andover City Council Meeting Minutes – December 20, 2022 Page 3 Item 2 Approve Payment of Claims Item 3 Adopt 2023 Fee Ordinance (See Ordinance 544) Item 4 Adopt URHL/Mixed Use Comprehensive Plan Amendment (See Resolution R094-22) Item 5 Approve 2022 Designated Contract Process (DCP) Agreement for LPA Approval (See Resolution R095-22) Item 6 Order Feasibility Report/23-17/23-17/Full Depth Reclamation (See Resolution R096- 22) Item 7 Order Feasibility Report/23-11A Through 23-11J/2023 Mill & Overlay, 23-15/Prairie Road Mill & Overlay and 23-16/Andover Boulevard (See Resolution R097-22) Item 8 Approve Cost-of-Living Wage Adjustment for All Employees (See Resolution R098- 22) Item 9 Approve Donations for 2023 Senior Class Events Item 10 Receive November 2022 City Investment Reports Item 11 Receive November 2022 General Fund Budget Report Item 12 Receive November 2022 Andover Community Center Update Item 13 Approve 2023 Polling Locations Item 14 Approve 2023 Liquor Licenses Item 15 Approve 2023 Tobacco Licenses Item 16 Approve 2023 Massage Therapy License Item 17 Approve 2023 Used Vehicle Sales License Motion by Nelson, Seconded by Barthel, to approve the Consent Agenda as read. Motion carries unanimously. ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT Commander Lenzmeier provided a monthly report for November stating the Department responded to 1,098 calls for service. He stated there were 5 personal injury accidents and 58 property damage accidents during November. Commander Lenzmeier noted changes to the report which further detailed Sheriff calls. He stated there were 3 DWIs, 236 traffic stops, and 60 traffic citations. Commander Lenzmeier cautioned residents to be aware of frauds and scams. He stated deputies participated in the Anoka Toys for Joy campaign, serving 4 families. He noted the Grinch was arrested and rehabilitated on December 13th. Commander Lenzmeier congratulated Councilmember Holthus on her service and wished her the best on her next adventure. Councilmember Barthel appreciated the addition of offenses to the report. He asked where retail thefts would fall into the report. Commander Lenzmeier stated it can be under any category Regular Andover City Council Meeting Minutes – December 20, 2022 Page 4 depending on the value of the theft, but they are mostly misdemeanors and gross misdemeanors. Councilmember Nelson commended the Sheriff Reserve who volunteered for the Salvation Army kettle campaign outside of Walmart. He suggested having a reserve officer posted at Walmart to act as a deterrent. Commander Lenzmeier stated reserves cannot be used for that purpose. He explained the Reserves have been bell-ringing for years and have brought in thousands of dollars. Councilmember Butler stated he spoke with a resident about the City’s THC ordinance, and they inquired about driving while impaired. He asked the Commander what the process would be. Commander Lenzmeier stated a DWI is driving while impaired and the process is the same for alcohol and drugs. He explained they test differently for based on the product the Deputy suspects. CONSIDER A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO AMEND THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO INCORPORATE THE THRID PHASE WHICH WILL BE KNOWN AS THE LEGACY AT PETERSEN FARMS (APPLICANT – JD ANDOVER HOLDINGS) The City Council is requested to consider a Conditional Use Permit Amendment (CUPA)/ Planned Unit Development (PUD) Amendment for the third phase of the Petersen Farms development known as Legacy at Petersen Farms. This request will modify the original PUD and PUD Amendments that occurred on December 18, 2018 and August 25, 2020. As originally written, changes to the " Master Plan" and each preliminary plat require an amendment to the PUD. Development Director Janish identified the location of the development and stated it will be on well and septic. He said the development plans on 33 lots over 75 acres and contains wetlands, shoreline, and floodplain. Mr. Janish stated the applicant is seeking to modify the standards of the PUD related to length of two cul-de-sacs, allowing two lots below the self- imposed net land area of one acre, and adjustments to the Master Plan. Mr. Janish presented connections to the County roads. Mr. Janish explained the City would like to work with the developer on a 35 mile per hour design at Option B. He stated the applicant will provide escrow and easements for Options B and C. Mr. Janish stated the addition of 33 homes are not expected to have a negative impact on 7th Avenue as shown by the traffic study. He explained 7th Avenue is operating at 60% capacity. Mr. Janish noted the County received funding for a roundabout at 165th Avenue and 7th Avenue in 2026-2027. Mr. Janish reviewed the shoreland development requirements and Park Dedication. The Park and Recreation Commission recommended cash-in-lieu of land for Park Dedication requirements. Regular Andover City Council Meeting Minutes – December 20, 2022 Page 5 Mr. Janish reviewed the minimum net land area and stated two lots fell below one acre. He displayed the 2020 Master Plan and the changes the applicant made. Mr. Janish stated there are 3 fewer lots. Mr. Janish stated the Planning and Zoning Commission held a public hearing on December 13th and summarized public comments. Mr. Janish explained the Planning and Zoning Commission recommended approval with the condition the applicant provides a second access to the development as part of Phase 3. He provided the Council with City Code instructions to help them make their decision. Mayor Bukkila asked if Site Plan Figure 2 on page 57 was the concept plan used to conduct the original traffic study and amended for Phase 3. Public Works Director/City Engineer Berkowitz explained the traffic study looked at the redesign for the updated traffic study. Councilmember Butler asked if the developer could move ahead with the 2020 design or if it depends on action by the Council. Mr. Janish explained the applicant would still have to amend the Conditional Use Permit because that was written in the CUP. Mayor Bukkila asked if the connection to 170th Avenue through the development was removed or proposed for removal. Mr. Janish stated there are questionable soil borings along the proposed road and it may not be able to be built. He stated the applicant would still like to show the connection because there is a possibility the road can be constructed. Mr. Janish noted that staff requested the cul-de-sac to be built at permanent standards because the road may not be financially feasible. Mayor Bukkila asked for the length of the cul-de-sac from Inca Street. Mr. Janish explained the City measures cul-de-sacs from the closest intersection and not from the main connector. Mayor Bukkila asked staff if they knew the road to the roundabout can be built. Mr. Berkowitz stated there is strong belief the road can be built. Mayor Bukkila asked why staff are proposing a 35-mph road. Mr. Berkowitz stated the intent is to construct the road at a 35-mph status. He explained State Statute requires a 35-mph road in the rural residential area. He stated if there are cases where the road cannot be designed to a 35-mph standard, the City will post a curve sign with a 30-mph limit. Councilmember Holthus asked if the County has done research to verify the roundabout can be built at the western location. Anoka County Traffic Engineer Joe MacPherson came forward and stated the County has not dug into the design but knowing the road in the area, they are confident it can be built. Regular Andover City Council Meeting Minutes – December 20, 2022 Page 6 Mayor Bukkila asked if the western roundabout received funding. Mr. MacPherson stated the roundabout on 7th and 165th Avenues received the funding. Mayor Bukkila noted the long cul-de-sac in Phase 1 and stated it was difficult land to develop due to topography and required concessions. She stated the trail connecting Phases 1 and 2 was supposed to be a road but wasn’t feasible because of the soil. City Administrator Dickinson added environmental impact was another reason. Mayor Bukkila explained the PUD is in place to work with the wetland and topography and allow development, as well as allowing the Council to weigh in. Mayor Bukkila stated she is cautious because she does not want to see a repeat of Phase 1. She is concerned the roads won’t be able to be constructed and the City will be stuck with a poor design. Mayor Bukkila is not in favor of temporary emergency access points. She stated a right-in, right-out would need a center median on 7th Avenue and creates a burden on snowplows and a change for drivers. She sees the access as a problem. Mayor Bukkila doesn’t believe the design is ready. Councilmember Butler stated he likes the roundabout at location B and sees location C as a backup to location B. He noted location C is not ideal, however, provides certainty that a second access can be constructed. He would like to see a timeline on the construction of the road at location B before location C is chosen. Councilmember Nelson understands the concern for public safety and spoke with residents in existing phases. He stated Phase 3 is not ideal and believes the access to 170th Avenue should be constructed with Phase 3. Councilmember Nelson stated there will be bottlenecking and increased traffic. Councilmember Barthel stated there are 79 houses going into one choke point on a corner of a busy County intersection. He believes the roundabout should be constructed first. He assumes most of the homeowners will take a left on 7th Avenue and they wouldn’t go all the way to 170th Avenue to take that left. Councilmember Barthel noticed the lot sizes are getting smaller with Phase 3 and he suggested the developer look at increasing lot sizes. Mayor Bukkila stated she has concerns about density as well. She stated Phase 3 holds the bulk of the density. Jason Osberg, JD Andover Holdings, 15356 Yukon Street, came forward and congratulated Councilmember Holthus for her service and contributing to the great Andover community. He stated the project is successful and is a work in progress. Mr. Osberg stated as they move forward in each phase, they dive in deeper. He stated they don’t want to eliminate the connection Regular Andover City Council Meeting Minutes – December 20, 2022 Page 7 to 170th Avenue. He stated the soils are poor in the northwest section and they are looking at creating larger lots. Mr. Osberg noted the project has the support of City Engineers, Planning, and Anoka County Highway Department. He explained traffic safety is a concern, but they have worked with the City and the Petersen family. He supports the roundabout on the west edge of the development. Mr. Osberg stated the Petersen family has not sold the land for the final phase and they cannot connect to 170th Avenue since the Petersen family still owns the land. He indicated they would prefer to connect to the roundabout in Phase 3, however, the County determines the timing of constructing the roundabout. Mayor Bukkila asked Mr. Osberg to address the concerns of the Council regarding the feasibility of future connections. Darren Lazan, JD Andover Holdings, came forward and addressed the density issue stating the density is the numerator (number of lots) and denominator (total acreage). He explained they did soil borings in future connection areas to determine if they are suitable for roads. Mr. Lazan stated they have spent three years analyzing traffic in the area and have high quality professionals working on connections and roads. He stated the team has worked on multiple options for connecting to 7th Avenue. Mr. Lazan explained the updated traffic study includes the new homes. He noted the fatalities were not at the intersection, but on the throughfare. He explained the traffic study looked at peak traffic hours at the intersection of 165th Avenue and Inca Street and the intersection of 165th and 7th Avenues. Mr. Lazan stated the level of service prior to development was an A and the level of service after the development is A. He noted the wait time at Inca Street and 165th Avenue was 1.5 seconds and the left turn from 165th Avenue onto 7th Avenue is 30 seconds. Mr. Lazan compared his development to two similar developments. He stated their development has the same impact as the other two developments. Mr. Lazan noted that they have worked intensely with the City and the County to come up with a plan that is feasible. He stated the best option is a connection at the western roundabout and they will provide escrows and easements to support it. He explained Phase 3 has not been rushed, they have worked on it for the past two years. Councilmember Nelson stated he is thinking about future phases and stated it would be ideal with two access points and one emergency access point. He asked if they could connect northward to 170th Avenue. Mr. Lazan stated it is not an option today, however, they can go back to the Petersen family and see if they are interested in making it happen. He noted that pushing residents to 170th Avenue would cause them to go through two dangerous curves. He stated the development helped the County get funding for the roundabout at 7th and 165th Avenues. Regular Andover City Council Meeting Minutes – December 20, 2022 Page 8 Mayor Bukkila polled the Council on their opinion of supporting the amendment. Councilmember Barthel and Councilmember Nelson are not in support of it. Councilmember Holthus and Councilmember Butler support it if location C is constructed. Councilmember Butler stated the decision on connections needs to be data driven. He stated location B would be the ultimate connection. Councilmember Butler recommended taking time to look at it during a workshop. Mayor Bukkila stated she is not in favor of the current phase. Mayor Bukkila asked staff if it is appropriate to table the item versus having an up or down vote. Mr. Lazan stated they are willing to extend the time period in order to talk to the Petersen family and come up with an alternate plan. Mr. Janish stated the City has until February 4, 2023 and the applicant would have to provide an extension in writing. Mr. Dickinson stated tabling the item requires a time certain. Mr. Osberg asked if the item would go back to the City Council or the Planning and Zoning Commission. Mr. Dickinson stated it goes to the City Council. City Attorney Baumgartner recommended the Council table the item until the January 17, 2023 meeting and if the request for extension is received, the Council acts upon the extension. He stated if the request for extension is not received, the Council must take action. Motion: by Butler, Seconded by Nelson, to table the Item to January 17, 2023 with the understanding the applicant may further extend it. Councilmember Barthel stated he won’t support Phase 3 until the roundabout is constructed. Motion carries 4 ayes, 1 nay (Barthel). CONSIDER TOBACCO ORDINANCE AMENDMENTS AND ADMINISTRATIVE HEARING ORDINANCE The City Council is requested to consider amendments to the Tobacco Ordinance and adopting an Administrative Hearing Ordinance. City Administrator Dickinson explained the only thing that has changed since the Council last discussed the item is the format. Motion by Butler, Seconded by Nelson, to adopt Ordinance No. 545 ordaining City Code Title 3: Sale of Tobacco Related Products, adding Title 3, Chapter 10, Administrative Hearings in the City of Andover, and Summary Ordinance for Publication. Motion carries unanimously. Regular Andover City Council Meeting Minutes – December 20, 2022 Page 9 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. (Councilmember Holthus) Mayor Bukkila provided Councilmember Holthus’s service in the City of Andover. She stated Councilmember Holthus has touched almost every Commission and aspect of the City throughout her service. Councilmember Holthus spoke about her experience serving Andover. Mayor Bukkila thanked Councilmember Holthus and stated it has been a pleasure working with her. Councilmember Butler stated Councilmember Holthus influenced him to participate in the City of Andover. He commended her for bettering the community. Councilmember Butler indicated the Council will represent the northern part of the City that attends St. Francis School District. Mayor Bukkila stated the City is 48 years old and Councilmember Holthus has been a part of it for 23 years. Mayor Bukkila presented Councilmember Holthus with recognition for her exemplary service and a plaque. Councilmember Holthus encouraged Councilmembers to get to know the City by exploring it, visiting the parks and using the trails. She stated that is the way to find out what the City has and what the City needs. Councilmember Holthus stated Andover has really beautiful places. City Administrator Dickinson stated he started working for the City around the same time Councilmember Holthus was on a Commission. He spoke on their similarities and stated they had fun. Mr. Dickinson thanked her for her efforts. Public Works Director/City Engineer Berkowitz noted that he has seen Councilmember Holthus at least once a month for the past 24 years and stated she will be missed. City Planner Janish stated it has been great working with her and encouraged her to stop by. Mayor Bukkila stated Councilmember Holthus will be appointed to serve on the Lower Rum River Watershed Management Organization in 2023. Mayor Bukkila departed the meeting at 9:08 p.m. Mayor Pro Tem Barthel took the gavel. (Administration) Mr. Berkowitz stated staff have been working to get the outdoor rinks open. Hawkridge is open, but the weather will cause it to close. He commended the snowplow operators who spent a lot of time working and plowing. Mr. Dickinson stated staff are working on year-end operations. The City ended the year at 101 new single-family homes. Mr. Dickinson Regular Andover City Council Meeting Minutes – December 20, 2022 Page 10 updated the Council on construction projects in the City. He stated the Community Center is busy with kids being out of school and events. Mr. Dickinson thanked the Council for a good year and wished residents a wonderful holiday season. MAYOR/COUNCIL INPUT (Holiday Wishes) Councilmember Nelson attended the Anoka Area Chamber of Commerce Toys for Joy held at Pizza Ranch and wished the community a Merry Christmas. Councilmember Butler thanked staff for a great year and wished the community a Merry Christmas and Happy New Year. ADJOURNMENT Motion by Barthel, Seconded by Nelson, to adjourn. Motion carries unanimously. The meeting adjourned at 9:14 p.m. Respectfully submitted, Shari Kunza, Recording Secretary TimeSaver Off Site Secretarial, Inc. Regular Andover City Council Meeting Minutes – December 20, 2022 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – DECEMBER 20, 2022 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 Adopt 2023 Fee Ordinance (Ord. 544)............................................................................. 2 Item 4 Adopt URHL/Mixed Use Comprehensive Plan Amendment (R094-22)......................... 2 Item 5 Approve 2022 Designated Contract Process (DCP) Agreement for LPA Approval (R095-22)..........................................................................................................................2 Item 6 Order Feasibility Report/23-17/23-17/Full Depth Reclamation (R096-22)..................... 2 Item 7 Order Feasibility Report/23-11A Through 23-11J/2023 Mill & Overlay, 23-15/Prairie Road Mill & Overlay and 23-16/Andover Boulevard (R097-22).................................... 2 Item 8 Approve Cost-of-Living Wage Adjustment for All Employees (R098-22)..................... 3 Item 9 Approve Donations for 2023 Senior Class Events........................................................... 3 Item 10 Receive November 2022 City Investment Reports.......................................................... 3 Item 11 Receive November 2022 General Fund Budget Report................................................... 3 Item 12 Receive November 2022 Andover Community Center Update....................................... 3 Item 13 Approve 2023 Polling Locations (R099-22).................................................................... 3 Item 14 Approve 2023 Liquor Licenses........................................................................................ 3 Item 15 Approve 2023 Tobacco Licenses......................................................................................3 Item 16 Approve 2023 Massage Therapy License.........................................................................3 Item 17 Approve 2023 Used Vehicle Sales License......................................................................3 ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT.................................................4 CONSIDER A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO AMEND THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO INCORPORATE THE THIRD PHASE OF THE PETERSEN FARMS DEVELOPMENT WHICH WILL BE KNOWN AS LEGACY AT PETERSEN FARMS (APPLICANT – JD ANDOVER HOLDINGS) Motion to Table..........................................................................................4 CONSIDER TOBACCO ORDINANCE AMENDMENTS AND ADMINISTRATIVE HEARING ORDINANCE (Ord. 545)..............................................................................8 ADMINISTRATOR’S REPORT.................................................................................................... 8 (Councilmember Holthus)............................................................................................................... 8 (Administration).............................................................................................................................. 9 (Holiday Wishes)............................................................................................................................. 9