City Council

REGULAR ANDOVER CITY COUNCIL MEETING – MARCH 4, 2024 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Bukkila, March 4, 2024, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Ted Butler, Rick Engelhardt, and Randy Nelson Councilmember absent: Jamie Barthel Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL Mayor Bukkila noted the supplemental information received: Item #2 – Payment of Claims. Motion by Butler, Seconded by Nelson, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES February 20, 2024 Regular Meeting: Correct as written. Motion by Nelson, Seconded by Engelhardt, to approve the February 20, 2024, Regular meeting minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Plans & Specs/Order Advertisement for Bids/24-11, 2024 Full Depth Reclamation Regular Andover City Council Meeting Minutes – March 4, 2024 Page 2 & 24-15, 2024 Mill & Overlay/Bunker Lake Village (See Resolution R029-24) Item 4 Approve Plans & Specs/Order Advertisement for Bids/24-16, 2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Grouse St. NW & 24-17, 2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Rose St. NW to Heather St. NW (See Resolution R030-24) Item 5 Approve Resolution Authorizing Application to the MNDNR for Funding/24-6/Coon Creek Trail and Bridge East of Prairie Road (See Resolution R031-24) Item 6 Approve Land Use Agreement with Sandhill Nursery and Greenhouse LLC/Pine Hills North Item 7 Approve Used Vehicle Sales License Item 8 Approve Exempt Permit Item 9 Approve Resolution Adopting Comprehensive Plan Amendment – Future Land Use Map – 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) (See Resolution R032-24) Item 10 Approve Encroachment Agreement for Monument Sign in Revised Location at 151st Lane NW and Prairie Road Motion by Butler, Seconded by Nelson, to approve of the Consent Agenda as read. Motion carried unanimously. CONSIDER A PLANNED UNIT DEVELOPMENT AMENDMENT TO AMEND THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO MODIFY PORTIONS OF THE PHASE KNOWN AS LEGACY AT PETERSEN FARMS AND PLAT A PORTION OF THE PROPERTY (APPLICANT - JD ANDOVER HOLDINGS) The City Council is requested to consider the Planning and Zoning Commission’s recommendation provided from the February 28, 2024 meeting and consider City Code 13-3-9 required findings during the discussion of tonight’s request. Community Development Director Janish reviewed the information with the Council in regard to the requested PUD amendment for Petersen Farms. Darren Lazan, JD Andover Holdings, came forward and gave more background on the reason for the amendment request. He explained they had worked with Staff and proposed that they take the two cul-de-sacs which were previously approved and turn them inward so that they can meet eventually. He added Staff challenged them to make this connection now, which is a big ask as they would have to acquire the land and meet with the family again, which they did do. He stated they have acquired the two lots they needed and can make this connection. He noted the proposal that is in front of them today is a push for the developer as they could have built these lots and already had foundations going in. He explained they pulled these out of the plat, redesigned them, and put together a new application for something that they see as a win-win. He said this proposal is better for safety and access. He added there are no new lots, they just took lots from future phases and put them into this phase so they can build the road. He said they would like to get these lots Regular Andover City Council Meeting Minutes – March 4, 2024 Page 3 built first thing in the spring. He also discussed the landscaping plan which would allow the homeowners to select the plants that they would like on their property. He noted they would be enforcing the landscape requirements with each sale. Mayor Bukkila noted there is a big difference between the original proposal and the new one in front of them in regard to the community space. She asked why the new proposal says ‘possible’ community space. Mr. Lazan explained the community space has not changed since Phase 1. He noted this is the Petersen’s property and they are not ready to sell, so they master planned around them, showing how they can exit out of this space. He noted they would love to utilize the silo and build a community space here. He shared they have talked about the uses for this building and understand the challenges they may have code wise. He added they have initiated the demolition of seven barns. He reiterated the Petersen family are currently wanting to hold onto this piece of land and there is no guarantee of a timeline when they would want to sell. Jason Osberg, JD Andover Holdings, came forward and shared that the change in language to say ‘possible’ community space came about after they were at the Park and Recreation Commission meeting in February. Mr. Lazan said they can remove the language surrounding the community space entirely. Councilmember Engelhardt noted there was a lot of work done previously with emergency access roads and gates for this project as there was concern from the Fire Department. He asked if these concerns are resolved with this plan or if the revised plan presents new challenges. Mr. Janish explained the Fire Department prefers this layout as the roadway system is plowed first in the winter, then the emergency access. He stated there are no current concerns related to the emergency access as there are two entrance points for the development. Mr. Dickinson added Public Works likes the ability to go straight through rather than having to plow two cul-de-sacs. Councilmember Nelson asked if this will eventually be connected to Martin Meadows. Mr. Lazan said the connection is planned to be a trail connection, not a vehicle connection. He noted the trail will continue up through the open space and showed this on the map. Mr. Osberg shared that access already exists to Martin Meadows from the first phase along the easement underneath the power lines. Mayor Bukkila shared her concerns with the land that the Petersen family is not willing to sell and not knowing when this will have a phase built out. Mr. Lazan stated this depends on the family and when they are done utilizing the building on the property. Mayor Bukkila stated in previous designs, the buildings on the Petersen land were not a central focal point of the new development, and now these buildings will be surrounded by houses. She noted the whole point of the PUD was to give it a cohesive, upscale look which these buildings do Regular Andover City Council Meeting Minutes – March 4, 2024 Page 4 not do. She explained the previous discussions had to do with wanting to have a complete look at the end of wherever they stop in their phases, and this proposal does not do that. Mr. Lazan said they have to sell these lots, so it is also a concern for them. He explained they are willing to take a small hit with some of these lots being lower valued lots; however, the roadway connections will be made, and this is a better design. Mayor Bukkila stated in theory the family could still end up keeping these buildings and never doing anything with them which makes her nervous. Mr. Lazan noted this land is quickly becoming not feasible to farm, so the family may not have the opportunity to continue to farm this land. Mr. Dickinson shared they had issues with a farm road in backyards with easements. He noted Staff looked at this and they wanted to make sure it was not an access in someone’s backyard. He added they are not having an access point to go through anyone else’s private property. Mayor Bukkila shared at the beginning of this project she was concerned with lot sizes and other things which led to an HOA. She noted they now have an island in the middle that can do whatever they would like on their property while no one else around them can do the same as the Petersen family's property is agricultural. Mr. Lazan said he understands these concerns as he has the same concerns. He noted he would love to have extra lots in this area that they would be able to sell. He noted this proposal is not ideal; however, it is the best solution to eliminate emergency accesses. Mr. Osberg stated if the Council would like to send a message back to the family concerning this, they would be open to having this discussion with them. Councilmember Butler agreed with Mayor Bukkila that there are good changes in this proposal; however, if the project had come to them originally in the state it is now, they may have not approved it. He asked if they still want to have the community space or if they are looking to just turn that space into more lots. Mr. Lazan said they gave the family the flexibility to do whatever they want coming out of here and they did not close any doors. Mayor Bukkila said she would be looking for a provision to this. Mr. Janish said they can add something to the resolution. He added he did have a conversation with the applicants regarding the buildings on the Petersen’s property having to be addressed in the near future. He presented draft language that the Council could add to the resolution which would allow this phase to move forward; however, no future phases could move forward until the buildings disposition was addressed. Councilmember Butler said he would be more comfortable with the resolution if this provisional language was added. Councilmember Nelson and Engelhardt agreed. Mayor Bukkila said she is not comfortable moving forward with this. Mr. Lazan said they will share this with the family. Regular Andover City Council Meeting Minutes – March 4, 2024 Page 5 Mayor Bukkila said she appreciates the developer’s efforts; however, with the original proposal, the old buildings were not land locked and were contiguous with the rest of the unplanned phase, so she was more understanding. Mr. Lazan stated the reason this area became enclosed is due to the need for connecting the roads which was not a part of the original design. Mr. Osberg stated he can agree with the provisional language that Mr. Janish presented. Councilmember Engelhardt said he likes the resolution. He added he always wants to honor the legacies of the people who were in this area first. Mr. Lazan said part of this phase is to honor the legacy of the Petersen family in this property. He explained there will be a number of wayside points along the trail that call out the history of the Petersens on this parcel and in Anoka County. Mayor Bukkila asked about the fence builder and the responsibility for installation of the fences. Mr. Janish said this is addressed in item 19 of the resolution. He noted the current landscape plan is for trees, which would be required and if someone wanted to install a berm and it was over 400 yards then they would need an interim use permit. He added an issue with a berm is it does not seem to be a low impact solution. He said there is also drainage in this ditch system within County Road 7 and if a berm is installed then this water would hit the base of the berm which would mean this area would have to be pretreated. He explained fencing will follow the fence permit process where individuals can pull a permit and put up a fence if they so choose. Mr. Lazan said the berm idea is not feasible due to the drainage issue. He noted this is why they chose plantings along this area rather than a berm, giving the homeowners options to build a fence. Councilmember Engelhardt asked if there will be initial landscaping that is needed so this does not fall exclusively on the homeowners. Mr. Lazan said they will adopt the planting plan in the purchase agreement so the homeowners will know that they will be credited for the plantings they choose. Motion by Butler, Seconded by Engelhardt, to adopt Resolution No. R033-24, approving the Conditional Use Permit Amendment/Planned Unit Development Amendment requested by Landform, on behalf of JD Andover Holdings, as shown as PUD Development Plan Phase 3 Legacy at Petersen Farms Second Addition dated 10-16-2023 with the added provision related to the existing structures on the property identified as potential community space. Motion carried unanimously. CONSIDER A PRELIMINARY PLAT FOR LEGACY AT PETERSEN FARMS 2ND ADDITION (APPLICANT - JD ANDOVER HOLDINGS) The City Council is requested to consider the Planning and Zoning Commission’s recommendation of approval. Mr. Janish reviewed the information with the Council concerning the preliminary plat which is the next step in the process following the PUD approved in the last item. Regular Andover City Council Meeting Minutes – March 4, 2024 Page 6 Mayor Bukkila asked if there is going to be an entrance to this road or not during this phase. Mr. Janish explained as part of this phase, a portion of the roadway will be constructed creating the loop, and the dot on the map states there is potential for a roadway in the future to be constructed. He added if this roadway is constructed then they have the ability to construct another ditch on the south portion of the road connection, which would be similar to rural design. He noted if this segment of roadway was not constructed in the future then there is a possibility that this could be deeded to the southern parcel. He said this is meant to have some flexibility going into the future if the roadway is constructed. Mayor Bukkila asked where maintenance will end. Mr. Janish said it will end at the loop. Mayor Bukkila asked if this is where the farm equipment will travel over. Mr. Janish said yes it could travel through this area. Councilmember Engelhardt asked if they needed to add the same provision to this resolution as they added for the last one. Mr. Janish said no as the PUD dictates the master plan of the development. Motion by Butler, Seconded by Engelhardt, to adopt Resolution No. R034-24, approving the preliminary plat of Legacy at Petersen Farms Second Addition. 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 Report) Mr. Dickinson reviewed the Administrative Staff report, highlighting the time that has been spent on development meetings. He added he has other meetings coming up related to pavement management. He said they will be meeting to evaluate website vendors as costs are going up significantly with the current vendor. He shared he will also be attending the League of Minnesota Cities Day on the Hill on Thursday, primarily to meet with legislators and gather information. He added he also has meetings coming up for Youth First and North Metro Mayors. He shared the Finance Department has completed the budget book and they are already beginning to work on the 2025 budget. He said Staff has prepared everything to be turned over to the auditors. He noted they have also been spending a lot of time on the upcoming elections. (Public Works/Engineering Department Report) On behalf of Mr. Berkowitz, Mr. Dickinson reviewed the Public Works and Engineering Department report, highlighting road projects that are currently out for bid. He shared County Road 18 and the bridge are under construction and there is a detour that needs to be taken. He shared the update they have from the County engineer is that all piling installation and new box culvert are complete, and the contractor is working on constructing a distribution slab over the top of the new box culvert. He noted following the completion of the distribution slab the contractors will finish reconstructing the roadway and Regular Andover City Council Meeting Minutes – March 4, 2024 Page 7 bridge approaches and when the bituminous plants reopen in the spring, the contractors will pave two of the three pavement lifts for the new roadway. He said they can expect to have the roadway open again in the middle of May. (Community Development Department Report) Mr. Janish reviewed the Community Development Department report. He shared the North Suburban Home Show is this Saturday from 8:00 a.m. to 2:00 p.m. MAYOR/COUNCIL INPUT Councilmember Nelson shared the road weight restrictions are now in place. He also encouraged residents to get out and vote in the Presidential Primary election tomorrow. ADJOURNMENT Motion by Butler, Seconded by Engelhardt, to adjourn. Motion carried unanimously. The meeting adjourned at 8:10 p.m. Respectfully submitted, Ava Major, Recording Secretary Regular Andover City Council Meeting Minutes – March 4, 2024 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – MARCH 4, 2024 TABLE OF CONTENTS TOC \h \u \z \t "Heading 1,1,Heading 2,2,Heading 3,3," RESIDENT FORUM ..................................................................................................................1 AGENDA APPROVAL ............................................................................................................. 1 APPROVAL OF MINUTES ...................................................................................................... 1 CONSENT ITEMS .....................................................................................................................1 Item 2 Approve Payment of Claims .......................................................................................... 1 Item 3 Approve Plans & Specs/Order Advertisement for Bids/24-11, 2024 Full Depth Reclamation & 24-15, 2024 Mill & Overlay/Bunker Lake Village (R029-24) ......................... 1 Item 4 Approve Plans & Specs/Order Advertisement for Bids/24-16, 2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Grouse St. NW & 24-17, 2024 Mill & Overlay/Bunker Lake Boulevard Service Road NW/Rose St. NW to Heather St. NW (R030- 24) .... ..........................................................................................................................................2 Item 5 Approve Resolution Authorizing Application to the MNDNR for Funding/24-6/Coon Creek Trail and Bridge East of Prairie Road (R031-24) ............................................................ 2 Item 6 Approve Land Use Agreement with Sandhill Nursery and Greenhouse LLC/Pine Hills North ..........................................................................................................................................2 Item 7 Approve Used Vehicle Sales License ............................................................................ 2 Item 8 Approve Exempt Permit .................................................................................................2 Item 9 Approve Resolution Adopting Comprehensive Plan Amendment – Future Land Use Map – 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) (R032-24) ............................................................................................................... 2 Item 10 Approve Encroachment Agreement for Monument Sign in Revised Location at 151st Lane NW and Prairie Road .........................................................................................................2 CONSIDER A PLANNED UNIT DEVELOPMENT AMENDMENT TO AMEND THE PETERSEN FARMS PLANNED UNIT DEVELOPMENT TO MODIFY PORTIONS OF THE PHASE KNOWN AS LEGACY AT PETERSEN FARMS AND PLAT A PORTION OF THE PROPERTY (APPLICANT - JD ANDOVER HOLDINGS) (R033-24) .......................... 2 CONSIDER A PRELIMINARY PLAT FOR LEGACY AT PETERSEN FARMS 2ND ADDITION (APPLICANT - JD ANDOVER HOLDINGS) (R034-24) ....................................5 ADMINISTRATOR’S REPORT ............................................................................................... 6 MAYOR/COUNCIL INPUT ......................................................................................................7 ADJOURNMENT ...................................................................................................................... 7 Regular Andover City Council Meeting Minutes – March 4, 2024 Page 9