City Council

REGULAR ANDOVER CITY COUNCIL MEETING – NOVEMBER 21, 2023 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Bukkila, November 21, 2023, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, Rick Engelhardt, and Randy Nelson Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Fire Chief, Dennis Jones Others PLEDGE OF ALLEGIANCE FIRE DEPARTMENT - FIREFIGHTER BADGE PINNING Fire Chief Jones came forward and introduced firefighters Cameron Hime and Scott Sanford. He gave a brief background on both firefighters. Mayor Bukkila gave Mr. Hime and Mr. Sanford the oath of office. The family members of Mr. Hime and Mr. Sanford pinned their badges. Mayor Bukkila thanked the firefighter’s family members for their support of the firefighters. RESIDENT FORUM Patty Stay, 2108 150th Avenue NW, came forward and discussed the City tree lighting. She shared that she believes it is a great idea that the City start something like this as many surrounding cities have tree lightings in place already. She shared ideas for this event growing in the future, including having food trucks, the high school band play music, and vendors set up for the event. She added that planting a tree would be more cost effective than buying a tree each year. She noted it would be fun to watch a tree grow over time. She stated having the tree outside of City Hall would be wonderful for all residents to see as Hanson Boulevard is the main road through the City. She added that many residents do not utilize the YMCA and would miss out seeing the tree if it was Regular Andover City Council Meeting Minutes – November 21, 2023 Page 2 back behind the water tower. She noted this event would also be beneficial to the local establishments as many residents will continue their night by eating out. She stated she hopes this event comes to fruition. Angie Sedesky, 1162 157th Lane NW, came forward and asked if the tree lighting would be a City event or a City Council event. Mayor Bukkila stated it would be both as the Council drives City business. She noted this event would be supported by the Council. Ms. Sedesky shared that she is a member of the Andover Lions Club and they were approached by a City employee to volunteer at this event. She stated it was her understanding that Public Works would be setting up the event and the Lions would be working it. She asked what the Council would be doing for this event. Mayor Bukkila stated this has yet to be determined. She explained this will be the first event of its kind and they are still working through the planning of it. Ms. Sedesky stated this event should be at City Hall moving forward where it can be viewed off the main road. She encouraged the Council to volunteer for the event. Emily Smith, 2837 135th Lane NW, came forward and stated her husband is a firefighter and they have been involved with the Toys for Joy toy drive planning. She shared her excitement for the tree lighting and shared her support for this as well as having it on a more visible road. Tracy Strombeck, 16401 Uplander Street NW, came forward and shared that she is in support of the tree lighting and in support of it being on the City Hall campus. She stated she is against the variance request at 2274 164th Avenue NW. She added she attended the Planning and Zoning Commission meeting on this and asked how this applicant will be addressing the wetlands impacts. She noted the letter that she received from the City was not clear and she was not sure if this applicant was already approved to build. She shared that she has lived in her home for almost 20 years and stated this is a very heavily wooded area that is very thick with wetlands and marsh. She noted if the applicant wants to build back in this area, then he should have to comply with the 20 foot driveway. She added the Fire Chief had recommended that the variance not be granted due to the fact that emergency vehicles and first responders would be unable to respond in a timely manner and would be unable to pass on a 12-foot driveway. She asked the Council to consider the precedent this would set. Shawn Mars, 16178 Raven Street NW, came forward and shared he is the landowner that Ms. Strombeck was referring to. He asked if he will have time to discuss his variance request when this item comes up on the agenda. Mayor Bukkila stated he will have an opportunity to speak during this item. Mayor Bukkila stated anyone who would like to be involved in the tree lighting event to give their information to Staff. AGENDA APPROVAL Regular Andover City Council Meeting Minutes – November 21, 2023 Page 3 City Administrator Dickinson noted the supplemental information received: Item #19 – Public Hearing/Private Kennel License/17900 Uplander Street NW Mr. Dickinson requested the addition of two agenda items: Item #17A – Approving the Animal Impound Facility Agreement for 2024. Motion by Butler, Seconded by Nelson, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES November 8, 2023, Regular Meeting Motion by Nelson, Seconded by Butler, to approve the November 8, 2023, Regular meeting minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolution Authorizing Pursuit of Highway Safety Improvement Program Funding/Crosstown Blvd. NW & Crosstown Dr. NW Roundabout Project (See Resolution R086-23) Item 4 Approve Declaration of Encroachment Easement/15860 Uplander St. NW Item 5 Order Feasibility Report/24-02/2024 Street Reconstruction (See Resolution R087-23) Item 6 Order Feasibility Report/24-11/2024 Full Depth Reclamation (See Resolution R088-23) Item 7 Order Project and Direct Preparation of Final Plans and Specifications/24-14/Hills of Bunker Lake West Park Parking Lot Reconstruction (See Resolution R089-23) Item 8 Order Feasibility Report/24-15/2024 Mill & Overlay/Bunker Lake Village (See Reolution R090-23) Item 9 Order Feasibility Report/24-16/2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Grouse St. NW (See Resolution R091-23) Item 10 Order Feasibility Report/24-17/2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Rose St. NW to Heather St. NW (See Resolution R092-23) Item 11 Order Project and Direct Preparation of Final Plans and Specifications/23-38/Red Oaks Water Contamination Mitigation (See Resolution R093-23) Item 12 Order Project and Direct Preparation of Final Plans and Specifications//24-18/Public Works West Parking Lot Reconstruction (See Resolution R094-23) Item 13 Order Project and Direct Preparation of Final Plans and Specification/24-19/7th Avenue Frontage Road Trail Connection (See Resolution R095-23) Item 14 Receive October 2023 City Investment Reports Item 15 Receive October 2023 General Fund Budget Progress Report Item 16 Approve Cannabinoid License/13650 Hanson Blvd. Suite 104 Item 17 Accept Contribution/Chad & Lori Himkel/Fire Dept. (See Resolution R096-23) Item 17A Approve 2024 Animal Impound Facility Agreement Regular Andover City Council Meeting Minutes – November 21, 2023 Page 4 Motion by Nelson, Seconded by Engelhardt, to approve of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT Commander Paul Lenzmeier provided a monthly report including 1,079 calls for service, 284 traffic stops, 14 reported thefts, nine DWI arrests, four felony arrests, eight gross misdemeanor arrests, and 14 misdemeanor arrests during the month of October. He noted the following significant event of a fire on 142nd Lane NW which resulted in a total home loss; however, the homeowners were able to make it out of the home safely. He shared that they currently have five candidates in background check and three in field training, as well as interviews for more candidates coming up. He explained they conducted alcohol compliance checks which are done annually. He shared that of the 18 compliance checks there were five violations that have occurred which will be sent to the City Attorney for review. He added they are seeing an increase in mental health calls and suicides. He stated the Police Department is always available for someone to talk to or to provide resources or support. He wished the Council and residents a very Happy Thanksgiving. Councilmember Butler asked if the increase in traffic stops is related to the increase in DUI arrests. He also asked if the increase in warrant arrests are tied to this as well. Commander Lenzmeier said yes to both. Councilmember Butler stated the traffic arrests are down even though traffic stops are up. He asked if this speaks to deputies issuing warnings. Commander Lenzmeier said yes. Councilmember Butler asked if there will be compliance checks done for retailers who will be permitted to sell THC and cannabis products. Commander Lenzmeier said yes and explained that they will navigate through this new law and will be performing these compliance checks as well. Councilmember Nelson noted that thefts, damage to property, drug arrests, and traffic arrests are all lower year to date than they have been for the past five years. Mayor Bukkila noted the felony and gross misdemeanor arrests are significantly higher. She asked why these two types of arrests have increased. Commander Lenzmeier explained this can be related to the number of traffic stops. He explained if they make a traffic stop which leads to a drug arrest or other felony that is the reason for the increase. Councilmember Engelhardt asked if the reported thefts are residential thefts or commercial thefts. Commander Lenzmeier shared that most of these thefts are retail thefts. He noted they do not have many reported residential thefts. Councilmember Engelhardt highlighted the opportunity for residents to participate in the neighborhood watch program. Regular Andover City Council Meeting Minutes – November 21, 2023 Page 5 The Council shared their appreciation for the Sheriff’s Office and their work and wished them a Happy Thanksgiving. PUBLIC HEARING/PRIVATE KENNEL LICENSE/17900 UPLANDER STREET NW The City Council is requested to hold a public hearing and consider issuing a private kennel license for Shawn and Andrea Burke for the period November 22, 2023 through December 31, 2024. Mr. Dickinson reviewed the information with the Council and shared the request for a private kennel license. He shared that this process started with a barking complaint. He added they received some resident input on this matter, one of which did identify a violation for an individual in a different community and is not the applicant. He stated this should not be considered in this case. Councilmember Engelhardt asked what the mechanism would be to convert this into a residential license. Mr. Dickinson shared that this license is just for private enjoyment and does not have a retail component. He recommended limiting the license to four dogs. He noted if the applicants wanted a commercial license it would have to go through another hearing. Councilmember Butler asked if a private kennel license just gives a resident the ability to own more than three dogs on private property and does not give the ability to operate a kennel for breeding purposes or other commercial purposes. Mr. Dickinson said yes. Councilmember Nelson asked if there was only one barking dog incident where a resident called the City in Woodbury and if that is the one that needs to be disregarded. Mr. Dickinson said yes and noted this applicant in question is a different person. He also noted there are no complaints logged within the Sheriff’s Department that are defined relative to citations. He shared that they did receive a complaint at City Hall and followed up with a courtesy letter. Councilmember Nelson asked if the kennel license is $200 initially then $25 a year to renew. Mr. Dickinson stated that he is not sure of the renewal amount, but reminders are sent out every year to renew. Motion by Butler, Seconded by Barthel, to open the public hearing at 7:40 p.m. Motion carried unanimously. Terry Bush, 17751 Uplander Street NW, came forward and shared that he had the opportunity this evening to talk to both of the applicants. He noted the wording is very confusing in the letter that was sent to the residents in regard to this private kennel license which created alarm within the neighborhood. He explained this neighborhood is an aging and quiet neighborhood. He reiterated that the wording of the letter was very confusing and was not clear on the difference between a private kennel license and a commercial kennel license. He stated the applicants had three dogs of their own and then inherited a fourth dog. He noted he has not heard any noise coming from this Regular Andover City Council Meeting Minutes – November 21, 2023 Page 6 property and has not heard any of the neighbors complain about the noise. He added he agrees that the number of dogs should be limited. He stated the property owners have done a great job of planning for this by putting up the fence. He noted he views them as responsible pet owners. He reiterated that this would not be a commercial license and would like the private kennel license to not exceed four dogs. Motion by Barthel, Seconded by Nelson, to close the public hearing at 7:43 p.m. Motion carried unanimously. Councilmember Barthel added that he agrees that this license should be limited to four dogs. Councilmember Butler agreed. Councilmember Nelson agreed. Mayor Bukkila shared that the standard across the whole City, regardless of lot size, is for a maximum of three dogs. She noted this applicant has two and a half acres and increasing the maximum by one dog is not an unreasonable request. She added it is very common that properties in the rural area have certain privileges to use their land. Motion by Barthel, Seconded by Butler, to approve a private kennel license at 17900 Uplander Street NW, with up to four dogs under the license. Motion carried unanimously. Mr. Dickinson stated this is an opportunity for the City to evaluate the notification letters for public hearings which have been used for years. He noted that Staff will look into this to make the letters clearer to eliminate confusion. CONSIDER COMPREHENSIVE PLAN AMENDMENT REQUEST - PID# 23-32-24-33- 0002 & PID# 23-32-24-32-0006 - TO CHANGE THE GUIDED LAND USE FOR THE ABOVE NOTED PROPERTIES FROM URHL - URBAN RESIDENTIAL HIGH LOW TO URH - URBAN RESIDENTIAL HIGH AND 1.5 ACRES OF NC - NEIGHBORHOOD COMMERCIAL (APPLICANT: J.A. WEDUM FOUNDATION) The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the Comprehensive Plan amendment. Community Development Director Janish reviewed the information with the Council concerning the request for a Comprehensive Plan amendment. He discussed the proposed project as well as the land use history of this site. He shared that the Planning & Zoning Commission held a public hearing on this and discussed concerns with the future roundabout and headlights into these homes, public utilities, and the future demand of the site. He added the Planning & Zoning Commission liked the separated commercial component and suggested there be a traffic study done as part of future applications. He said the applicant would be willing to conduct a traffic study based on the numbers of what is actually being proposed. He shared that the Planning & Zoning Commission Regular Andover City Council Meeting Minutes – November 21, 2023 Page 7 recommended approval of the Comprehensive Plan amendment. Councilmember Nelson asked if they were to approve the Comprehensive Plan amendment and it were to move forward to the Met Council if there are any concerns with this being approved by the Met Council. Mr. Janish stated what they are doing here is really just moving the commercial piece over. He noted in conversations with the sector representative, he has indicated that he is not expecting there to be any major hurdles with the Met Council when this is submitted. Councilmember Butler stated with the movement of the commercial parcel to the Bluebird Street side of the development he could imagine some concerns with this being close to the neighborhood residences. He asked if there would be a PUD coming forward if this were to proceed and if they would be able to push for additional screening to create some separation for the commercial parcel and the surrounding residences. Mr. Janish said yes and explained that as part of the PUD they would be looking at the landscaping plan that would be submitted for buffering between the two. He stated the applicant would be responsible for coming up with this plan. He shared that there was a recommendation to also consider where the trash enclosure would be located and try to locate it to the west of the proposed commercial building so they are further away from the residences. Councilmember Nelson noted the 1.5 acres of commercial would have to blend in with the development. He asked if a different appearance would be required for this. Mr. Janish explained as part of the PUD, they will be looking at the elevations for the specific buildings and doing this comparison to provide this information to the Planning & Zoning Commission and Council. He added they would be looking for this to have a soften architectural appearance rather than an industrial look. Councilmember Nelson shared that the traffic study that was already conducted in this area concluded that there will likely be less traffic in this area due to less commercial. Mr. Janish stated the last traffic study focused more on the reduction in the amount of commercial that was already in this area and how the impact is different for these senior residential areas. He said there would be a significant decrease in the amount of traffic because of this. Mr. Janish shared that the intent is to have a roundabout as a part of this at Bluebird Street and Crosstown Boulevard. Councilmember Barthel asked how many businesses would be able to fit in the 1.5 acres of commercial space. Mr. Janish stated this would depend on the amount of space that these businesses want to rent. He added the overall parking stalls would also dictate the types of uses that would be able to go into this area. Councilmember Nelson stated the separate area for neighborhood commercial will be landscaped to differentiate the area and to mitigate lights into homes. Mr. Janish noted this would be reviewed further as part of the PUD and site plan process. Mayor Bukkila shared that she is disappointed with this entire design. She noted this is not Regular Andover City Council Meeting Minutes – November 21, 2023 Page 8 anywhere near the amount of information that they had on the previous concept. She explained there was a great amount of effort on the previous proposal to deliver some designs and concepts in response to Council concerns on how the land would be used. She stated this property is originally intended for commercial use and if they were going to change this, then the design that comes forward would have to fit into this area and would have to be well vetted and what the City wants. She said this is a big deal for changing the Comprehensive Plan and she is not comfortable with the commercial piece in terms of the orientation that she is seeing. She stated she is concerned about the impact to the residents directly across the street. She explained they went into this level of detail with the previous proposal. She noted there are a lot of improvements in terms of the larger building and the Hanson Boulevard profile. She stated with what she is seeing and based off of what has been reviewed this evening, she cannot be in favor of moving forward with this. Mr. Janish stated as the applicants were putting the sketch plans together and Staff reviewed what is required as far as the Comprehensive Plan amendment. He noted the last time the presentations were brought forward; the applicant did provide much more information than what was required as part of the application. He explained that Staff provided direction to the applicant on what to provide as the rest would be discussed as part of the PUD applications. Councilmember Nelson complimented the applicant as the process in the past had been very thorough. He noted what they received today is a good concept plan to tack the 1.5-acre parcel for neighborhood commercial; however, he agrees with Mayor Bukkila and would like to get a better sketch of this to know what it would look like as he cannot visualize it currently. Councilmember Butler asked if the Comprehensive Plan amendment would just allow the Council to make a zoning change to one parcel to designate it as commercial and the remaining parcel would be in the new residential classification. He asked if the concerns would then be addressed in the PUD process in terms of the layout and style of the buildings. Mr. Janish said that is correct. Councilmember Butler shared that a core goal of the Council from the start of this process was to maintain the commercial presence in this area. He stated by approving the Comprehensive Plan amendment they are not committing to the design of this as it would still come forward as a PUD application. He noted he is willing to entertain moving forward with the Comprehensive Plan amendment while making it very clear to the applicant that there are reservations about the sketch plan as shown and they will really want to see a lot of work put into the screening and orientation of these buildings. Councilmember Barthel noted this project likely fits perfectly in this location. He stated at the EDA meeting, Mr. Janish shared that there are a lot of businesses that want to get into Andover. He added that on August 4th, the Council changed the Comprehensive Plan to make this seven acres of commercial land and seven to ten acres of residential land. He noted they changed this, and they were very excited about the opportunities here and now they are proposing putting in only 1.5 acres of commercial land that could hold maybe four businesses on one of the most pristine pieces of land in the City. He stated although this plan may be good for Andover now, it will not be good for Andover in 20 years. Regular Andover City Council Meeting Minutes – November 21, 2023 Page 9 Councilmember Engelhardt stated he has heard a lot of comments from residents about commercial space and what they would like to see in the City. He noted they have been working with and cooperating with the developer on this and they have been very accommodating. He added Andover has an aging population and they do not want the community crowded with low-income or high-density housing and they want to keep the neighborly feel of Andover. He stated this ideally would be a lot more of a small business corridor; however, they have the applicant in front of them that are interested in this area. He noted he does not have an issue with making this change. Mr. Janish asked if the Council would like to allow for some additional review for consideration of this Comprehensive Plan amendment. Mayor Bukkila said she would leave it open for this opportunity if the applicant would agree to do so. Mayor Bukkila asked for a timeline for this to come back forward. Councilmember Butler asked if they would need to table this item. Mr. Dickinson said yes and they would also need to table the next item. He explained Staff would evaluate when the 60 days would run out and work with the applicant to meet some of the items that Council is looking for. He shared the suggestion to provide clear direction to the applicant when tabling this item so the applicant can work on enhancing this sketch as a part of the process. Mike Gould with SilverCrest, 5402 Parkdale Drive, came forward and shared that they have worked through some of these issues prior. He noted the commercial piece of this is paramount. He thinks these function better now that it is separated from the main building. He added they already have interest in the commercial area. He shared that he has worked with the J.A. Wedum Foundation for over 20 years. He noted they have a long-term commitment to Andover. He explained they have a long-term view in this area and want to work with the City to make this something that will be acceptable and that everyone will be proud of. Mayor Bukkila asked if they would be willing to provide additional time so they can work on the landscaping, providing elevations, and other items that the Council may request. Mr. Gould stated they would be willing to take more time to work with Staff for these items. Mayor Bukkila asked what timeline the applicant needs to get this information together. Mindy Michael with Kaas Wilson Architects came forward and shared that Kaas Wilson is very excited about this project and would want to work with Staff on this to make sure that they are delivering a quality product. She stated they can tend to move quickly when they are excited about projects such as this one; however, they do not want to move too quickly. Mr. Gould stated he agrees with a 60 extension. Mr. Dickinson noted that if they work through this quicker than the 60 days then it can be brought back sooner, he suggests up to 60 days. Regular Andover City Council Meeting Minutes – November 21, 2023 Page 10 Motion by Butler, Seconded by Nelson, to table consideration of the Comprehensive Plan amendment for up to 60 days to allow time for the applicant to provide additional renderings, elevations, and screening plans to better inform the Council of the intentions for this property. Motion carried unanimously. CONSIDER REZONING REQUEST - PID #23-32-24-33-0002 & PID# 23-32-24-32-0006 - REZONE PROPERTIES FROM M-2: MULTIPLE DWELLING HIGH LOW DENSITY TO M-3 MULTIPLE DWELLING HIGH DENSITY AND NB - NEIGHBORHOOD BUSINESS. (APPLICANT: J.A. WEDUM FOUNDATION) Mr. Janish stated this item will also need to be tabled as a result of the previous action. Motion by Butler, Seconded by Nelson, to table consideration for the rezoning request for up to 60 days to allow time for the applicant to provide additional renderings, elevations, and screening plans to better inform the Council of the intentions for this property. Motion carried unanimously. RECESS & RECONVENE Motion by Barthel, Seconded by Nelson, to recess the meeting at 8:28 p.m. Motion carried unanimously. The meeting was reconvened at 8:41 p.m. CONSIDER A VARIANCE FOR THE WIDTH OF AN ACCESS ROAD TO A SINGLE- FAMILY HOME TO BE LOCATED AT 2274 164TH AVENUE NW (PID# 12-32-24-22- 0015) - SHAWN MARS (APPLICANT) The City Council is requested to consider the recommendation of the Planning & Zoning Commission and consider approval of the variance request to the review criteria of City Code 12-15-9 based on findings of fact. Mr. Janish reviewed the information with the Council and the request for a variance of an access road. He shared that the Planning & Zoning Commission held a public hearing on this where they discussed concerns with emergency access and if the Fire Department would have sufficient emergency access. He noted the Fire Department would prefer to see a 20 foot driveway; however, they understand the situation that the applicant is in and noted that as long as there is a 20 foot wide upland passing area is provided they should be able to respond to emergencies at this proposed site. He shared the Planning & Zoning Commission’s recommendation of approval. Councilmember Nelson asked if the Fire Department recommended the 20 foot wide driveway with the upland area near the house. Chief Jones explained the Fire Department would always like the 20-foot access all the way to the residence. He noted they do understand the environmental impacts of this situation and would like to accommodate the potential use of this property. He stated what the applicant is proposing would work for the Fire Department and they would be in support of this. Regular Andover City Council Meeting Minutes – November 21, 2023 Page 11 Councilmember Nelson asked if it would be difficult with a 12 foot driveway for a tender truck to get back to the home. Chief Jones said yes and explained they would be able to set up hoses to push water from the tender to the pumping apparatus and once the water supply is depleted from the tender then the larger area would allow the tenders to pass. Mayor Bukkila asked if there would be a safe space for an engine in this area to maneuver. Chief Jones stated they would not be driving a ladder truck into this area to begin with, and it would only be engines and tenders. He noted they would never be operating an apparatus blindly. Shawn Mars, the applicant, came forward and stated Staff have done a good job at explaining the situation. He stated he has been working with all of the different wetland agencies on this and all agencies have their own requirements for everything. He noted there are many different interests in this situation and this proposal does a good job at finding a way for everyone to get what they want while minimizing issues to the wetland. He added he is okay with making the rest of the driveway 20 feet wide when it gets to the yard. He shared it will be his family who will be living in this home and he would not propose something that could potentially put his family in danger. Councilmember Nelson asked if the previous owner of the property also went through these different agencies as well. Mr. Mars said yes and explained when he purchased the property it looked like there was an approval process from the watershed that stated the plan was approved pending a purchase agreement for wetland credits. He noted apparently this plan did not check with the City. He added the wetland mitigation project was also not able to be changed over to the new owners and he had to start a new application when he purchased the property. Mayor Bukkila asked if the applicant were to have a 20 foot driveway, would they still need a variance. Mr. Janish said no. Mayor Bukkila asked if the only reason for the variance is for the preservation of as much wetlands as possible. Mr. Janish said that was correct. Mayor Bukkila noted this is the closest thing she has seen to a demonstration of the variance process because this is not anyone’s creation, and it is working with the land to make reasonable accommodations for residents. She added the Fire Chief’s statements alleviated her greatest concerns. Councilmember Barthel stated he feels a lot better about this after hearing from the Fire Chief and hearing that he is okay with this variance. Councilmember Butler gave credit to the applicant for working through this process and trying to come up with a solution that would satisfy the public safety needs, the watershed district, and the various wetland agencies. He noted this is a good case for why the variance process exists. He shared that he will be in support of granting this variance. Mayor Bukkila added this request is not financial, it is environmental. She noted there are always Regular Andover City Council Meeting Minutes – November 21, 2023 Page 12 options to fill wetlands but when there is an opportunity for something like this it does have merit. Mr. Janish noted the resolution does not include the findings of fact. He stated Council can direct Staff to gather these findings of facts and have this be brought back for approval. Motion by Butler, Seconded by Barthel, to adopt Resolution No. R097-23 approving a variance for the property located at 2274 164th Avenue NW with direction to Staff for the preparation of findings of fact. Motion carried unanimously. CONSIDER INTERIM USE PERMIT - MINING & LAND RECLAMATION PID(S)# 07-32- 24-34-0003; 07-32-24-33-0001 AND 07-32-24-23-0002. (APPLICANT: DARREN LAZAN) The City Council is requested to consider the recommendation of approval by the Planning & Zoning Commission and make a decision regarding the IUP request. Mr. Janish reviewed the information with the Council and shared the request for an IUP for the creation of two stockpiles on the discussed site. He shared the Planning & Zoning Commission’s recommendation for approval. Mayor Bukkila asked if other permits have been pulled for this same thing. Mr. Janish shared that they have had additional permits pulled by this applicant for the stockpiles. He noted the previous stockpile was used and moved with these materials. He stated once they get into the phased development, this is where the stockpiles are developing. Mayor Bukkila asked if there have been any issues, complaints, or non-compliance with this applicant. Mr. Janish said no. Motion by Butler, Seconded by Nelson, to adopt Resolution No. R098-23 granting an Interim Use Permit for mining and land reclamation at PIDS# 07-32-24-34-0003; 07-32-24-33-0001 and 07- 32-24-23-0002. Motion carried unanimously. CONSIDER FINAL PLAT LEGACY AT PETERSEN FARMS The City Council is requested to adopt the resolution approving the final plat of Legacy at Petersen Farms with conditions. Mr. Janish reviewed the information with the Council concerning the final plat for Legacy at Petersen Farms. Motion by Nelson, Seconded by Engelhardt, to adopt Resolution No. R099-23 approving the final plat of Legacy at Petersen Farms. Motion carried 4 ayes, 1 nay (Barthel). ADMINISTRATOR’S REPORT City Staff updated the Council on the administration and city department activities, legislative Regular Andover City Council Meeting Minutes – November 21, 2023 Page 13 updates, updates on development/CIP projects, and meeting reminders/community events. (Administrative Staff Report) Mr. Dickinson reviewed the Administrative Staff report. He shared that the Council will be working through the final budget items at the next workshop meeting. He added the City is currently at 62 new homes this year. He noted Staff is also working on year-end activities such as year-end audit and open enrollment of benefits for all employees. (Public Works/Engineering Department Report) Mr. Berkowitz reviewed the Public Works and Engineering Department report. He shared that a lot of the consent items on the agenda this evening were engineering items and projects that are moving forward. He stated they are still pothole patching every day in the City. He added they hope to start flooding the ice rinks in early December with the rinks fully operational by the holiday school break. He shared that there is a neighborhood informational meeting coming up for the 2024 street reconstruction project on December 5th. He added they also will have an informational meeting about the roundabout construction for Crosstown Boulevard and Nightingale Street and Nightingale Street and Veterans Memorial Boulevard which will be held on December 7th. He shared they will be broadcasting this on social media to get the word out to the residents as well as putting up the information board and sending mailers. He highlighted the tree lighting ceremony that is scheduled for December 8th from 5:00 p.m. to 8:00 p.m. with the tree lighting at 6:00 p.m. which will be in the west Community Center parking lot. Councilmember Engelhardt asked how the new roundabout on Prairie Road is going. Mr. Berkowitz stated there have been no complaints or issues with the roundabout. He noted it has been up and running for a few weeks and the developer still has temporary lighting up in the area while they wait for permanent lighting. MAYOR/COUNCIL INPUT Councilmember Nelson wished everyone a Happy Thanksgiving ADJOURNMENT Motion by Barthel, Seconded by Butler, to adjourn. Motion carried unanimously. The meeting adjourned at 9:05 p.m. Respectfully submitted, Ava Rokosz, Recording Secretary Regular Andover City Council Meeting Minutes – November 21, 2023 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – NOVEMBER 21, 2023 TABLE OF CONTENTS TOC \h \u \z \t "Heading 1,1,Heading 2,2,Heading 3,3," FIRE DEPARTMENT - FIREFIGHTER BADGE PINNING ...................................................1 RESIDENT FORUM ..................................................................................................................1 AGENDA APPROVAL ............................................................................................................. 3 APPROVAL OF MINUTES ...................................................................................................... 3 CONSENT ITEMS .....................................................................................................................3 Item 2 Approve Payment of Claims .....................................................................................3 Item 3 Approve Resolution Authorizing Pursuit of Highway Safety Improvement Program Funding/Crosstown Blvd NW & Crosstown Dr. NW Roundabout Project (R086- 23) ............................................................................................................................. 3 Item 4 Approve Declaration of Encroachment Easement/15860 Uplander St. NW ............3 Item 5 Order Feasibility Report/24-02/2024 Street Reconstruction (R087-23) ...................3 Item 6 Order Feasibility Report/24-11/2024 Full Depth Reclamation (R088-23) ...............3 Item 7 Order Project and Direct Preparation of Final Plans and Specifications/24-14/Hills of Bunker Lake West Park Parking Lot Reconstruction (R089-23) .........................3 Item 8 Order Feasibility Report/24-15/2024 Mill & Overlay/Bunker Lake Village (R090- 23) ............................................................................................................................. 3 Item 9 Order Feasibility Report/24-16/2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Grouse St. NW (R091-23) .......................................................... 3 Item 10 Order Feasibility Report/24-17/2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Rose St. NW to Heather St. NW (R092-23) ............................................................. 3 Item11 Order Project and Direct Preparation of Final Plans and Specifications/23-38/Red Oaks Water Contamination Mitigation (R093-23) ................................................... 3 Item 12 Order Project and Direct Preparation of Final Plans and Specifications/24- 18/Public Works West Parking Lot Reconstruction (R094-23) ............................... 3 Item 13 Order Project and Direct Preparation of Final Plans and Specifications/24-19/7th Avenue Frontage Road Trail Connection (R095-23) ............................................... 3 Item 14 Receive October 2023 City Investment Reports ...................................................... 3 Item 15 Receive October 2023 General Fund Budget Progress Report ................................ 3 Item 16 Approve Cannabinoid License/13650 Hanson Blvd. Suite 104 ............................... 3 Item 17 Accept Contribution/Chad & Lori Himkel/Fire Dept (R096-23). ............................ 3 Item 17a Approve 2024 Animal Impound Facility Agreement ............................................... 3 ANOKA COUNTY SHERIFF’S OFFICE MONTHLY REPORT .............................................4 PUBLIC HEARING/PRIVATE KENNEL LICENSE/17900 UPLANDER STREET NW ......5 CONSIDER COMPREHENSIVE PLAN AMENDMENT REQUEST - PID# 23-32-24-33- 0002 & PID# 23-32-24-32-0006 - TO CHANGE THE GUIDED LAND USE FOR THE ABOVE NOTED PROPERTIES FROM URHL - URBAN RESIDENTIAL HIGH LOW TO URH - URBAN RESIDENTIAL HIGH AND 1.5 ACRES OF NC - NEIGHBORHOOD COMMERCIAL (APPLICANT: J.A. WEDUM FOUNDATION) Motion to Table ................................................................................................................. 6 Regular Andover City Council Meeting Minutes – November 21, 2023 Page 15 CONSIDER REZONING REQUEST - PID #23-32-24-33-0002 & PID# 23-32-24-32- 0006 - REZONE PROPERTIES FROM M-2: MULTIPLE DWELLING HIGH LOW DENSITY TO M-3 MULTIPLE DWELLING HIGH DENSITY AND NB - NEIGHBORHOOD BUSINESS. (APPLICANT: J.A. WEDUM FOUNDATION) Motion to Table ............................................................................................................................. 10 RECESS ....................................................................................................................................10 RECONVENE .......................................................................................................................... 10 CONSIDER A VARIANCE FOR THE WIDTH OF AN ACCESS ROAD TO A SINGLE- FAMILY HOME TO BE LOCATED AT 2274 164TH AVENUE NW (PID# 12-32-24- 22-0015) - SHAWN MARS (APPLICANT) (R097-23) .................................................. 10 CONSIDER INTERIM USE PERMIT - MINING & LAND RECLAMATION PID(S)# 07- 32-24-34-0003; 07-32-24-33-0001 AND 07-32-24-23-0002. (APPLICANT: DARREN LAZAN) (R098-23) ..........................................................................................................12 CONSIDER FINAL PLAT LEGACY AT PETERSEN FARMS (R099-23) .......................... 12 ADMINISTRATOR’S REPORT ............................................................................................. 13 MAYOR/COUNCIL INPUT ....................................................................................................13 ADJOURNMENT .................................................................................................................... 13