City Council

REGULAR ANDOVER CITY COUNCIL MEETING – MAY 7, 2024 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Bukkila, May 7, 2024, 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 City Attorney, Scott Baumgartner City Planner, Peter Hellegers Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Lindsay Stauner with the St. Paul Farmers’ Market, came forward and shared they just had their opening day with their new location in Andover at 3210 Bunker Lake Boulevard NW. She shared they are at Riverdale Church for the 2024 season. She said they have loved being in the Andover community and want to get the word out about the new location that they will be at until October. AGENDA APPROVAL Mayor Bukkila noted the supplemental information received: Item #1 – Approval of Minutes City Administrator Dickinson requested the addition of an agenda item: Item #15A – Approve 2025 Budget Development Guidelines Motion by Barthel, Seconded by Nelson, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES April 16, 2024, Regular Meeting: Correct as written. Motion by Nelson, Seconded by Barthel, to approve the April 16, 2024, Regular meeting minutes Regular Andover City Council Meeting Minutes – May 7, 2024 Page 2 as presented. Motion carried unanimously. April 23, 2024, Workshop Meeting: Correct as amended. Councilmember Butler requested a correction on page seven, line 15, that ‘30 feet of front footage’ should be ‘300 feet of front footage.’ He added there was also a resident, Ms. Strombeck, who offered some opinions that should be on page eight. Councilmember Nelson requested a correction on page two, line one, to change the word ‘connected’ to ‘contacted.’ He also requested a correction on page seven, line eight to replace the word ‘about’ with the word ‘above.’ Motion by Nelson, Seconded by Butler, to approve the April 23, 2024 Workshop meeting minutes as amended. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Bid/23-12/Crosstown Blvd. NW Trail (See Resolution R048-24) Item 4 Approve Plans & Specs/Order Ad for Bids/24-18/Public Works West Parking Lot Construction (See Resolution R049-24) Item 5 Approve Declaration of Encroachment ROW/1357 – 152nd Ln. NW/23-12 Item 6 Order Improvement/Order Plans & Specs/24-32/Fiber Optics for City Utilities/Well #9 & LS #10 & #11 (See Resolution R050-24) Item 7 Approve Used Vehicle Sales License Item 8 Accept Dedication of Easements – 17130 Ward Lake Dr. NW Item 9 Approve City Code Amendments & Summary Ordinance for Publication – Title 8: Public Ways and Property, Title 1: Administration, Title 3: Business and License Regulations (See Ordinance 560) Item 10 Approve an On-Sale Wine License Item 11 Declare Surplus Equipment/Property Item 12 Approve Demolition Contract 2511 & 2513 Bunker Lake Blvd. Item 13 Approve Implementation of Lexipol Item 14 Approve Massage Therapist License Item 15 Approve Resolution Accepting Contribution from Andover Football Association (See Resolution R051-24) Item 15a Approve 2025 Budget Development Guidelines Motion by Nelson, Seconded by Engelhardt, to approve of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING - CONSIDER VACATION OF EASEMENT - OUTLOTS B, C, AND D IN LEGACY AT PETERSEN FARMS Regular Andover City Council Meeting Minutes – May 7, 2024 Page 3 The City Council is requested to hold a public hearing and make a decision on the vacation of easement request. City Planner Hellegers reviewed the information with the Council in regard to the request for easement vacations for Outlots B, C, and D in Legacy at Petersen Farms. Motion by Nelson, Seconded by Engelhardt, to open the public hearing at 7:09 p.m. Motion carried unanimously. No one came forward to address the Council. Motion by Butler, Seconded by Barthel, to close the public hearing at 7:09 p.m. Motion carried unanimously. Motion by Butler, Seconded by Nelson, to adopt Resolution No. R053-24, granting the vacation of drainage and utility easements in Legacy at Petersen Farms. Motion carried unanimously. CONSIDER FINAL PLAT - LEGACY AT PETERSEN FARMS SECOND ADDITION The City Council is requested to adopt the resolution approving the final plat for Legacy at Petersen Farms Second Addition with conditions. Mr. Hellegers reviewed the information with the Council in regard to the final plat for Legacy at Petersen Farms Second Addition. Motion by Nelson, Seconded by Engelhardt, to adopt Resolution No. R054-24, approving the final plat of Legacy at Petersen Farms Second Addition with conditions. Motion carried unanimously. CONSIDER A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT AND CONDITIONAL USE PERMITS (CUP) FOR TWO DRIVE-THROUGHS FOR THE PROPERTY AT 15170 BLUEBIRD STREET NW (PID 23-32-24-32-0025). (APPLICANT: SMNPT 1, LLC) The City Council is requested to review the PUD amendment and CUPs requested by SMNPT 1, LLC for the Andover Clocktower Commons development changing the development plan for Lot 4 from one 7,440 square foot restaurant to two smaller restaurant buildings. Mr. Hellegers reviewed the information with the Council concerning the PUD amendment and CUPs to allow Lot 4 to have two buildings rather than one, with drive-throughs at these two restaurants. He shared the Planning and Zoning Commission’s recommendation for approval. Councilmember Nelson asked if the 74 parking spots are the total number of spots for all of Clocktower Commons and if this will be enough. Mr. Hellegers explained the PUD shows the entire development and the parking, and they are also looking at the commercial site plans as each Regular Andover City Council Meeting Minutes – May 7, 2024 Page 4 request comes in. He said they are looking at parking for every individual space as well as for the shopping center as a whole. He noted when they are looked at individually, there is enough parking for each building. He said the shopping center has a total of 81 parking spaces. He explained the design of the PUD was to allow for some ebb and flow based on the tenant mix and the different hours of the day these tenants will likely be utilizing parking. Councilmember Nelson noted these two businesses will max out the availability of Clocktower Commons. He added there is also a proposal on the south side of Crosstown Boulevard for the Andover Senior Complex. He asked how the increase in traffic from both the Andover Senior Complex and the Clocktower Commons will impact Crosstown Boulevard. He added the Andover Senior Complex did conduct a traffic study. Mr. Hellegers shared a traffic study was done for this as part of the previous PUD looking at the full build out of Clocktower Commons. He noted the primary access will likely be off of the front portion on Crosstown Boulevard. He explained because this will be a three-quarter access, they will likely not get much more from this particular use going further east, but also, this has already been looked at as part of the original PUD. Mr. Dickinson added the traffic study was done during the original development back in 2003 to 2004 and was then updated when the three-quarter access intersection went in. He noted when they did the three-quarter access, they did parking counts while anticipating significantly more square footage than what they are seeing finalized today. He said the roadway analysis at the time of the three-quarter intersection said that this roadway would be able to fully accommodate the parking and traffic at this time. Councilmember Nelson asked if the intersection went in sometime in 2014. Mr. Dickinson said he did not know the exact date of the intersection; however, it was done well after the 2003 to 2004 traffic study. Councilmember Barthel asked if White Rabbit Kitchen in this development is using their drive- through. Mr. Dickinson said they have a drive-through option; however, he does not believe they are using it yet. Councilmember Barthel asked about unit #2 and if the entrance to the drive-through can be accessed off of the main parking lot. Mr. Hellegers said yes. Councilmember Barthel asked if this entrance allows customers to not have to drive around the entire building to get into the drive-through. Mr. Hellegers said the drive-through can be accessed through the main parking lot using the parking aisle and proceeding to the west end. He added this is the same pathway customers would take to get to the White Rabbit Kitchen. Councilmember Butler asked if the signage was discussed at the Planning and Zoning Commission meeting. He noted there could potentially be three drive-throughs in this area and asked how they would be able to direct traffic through this parking lot. Mr. Hellegers said signage was not discussed at the Planning and Zoning Commission meeting. He noted these businesses would need sign permits to meet Code. He explained typically with a drive-through or pick-up window there Regular Andover City Council Meeting Minutes – May 7, 2024 Page 5 will be directional signage put in place to guide customers where they need to go. Mr. Dickinson said there is a monument sign that is out at Crosstown Boulevard and Hanson Boulevard and the businesses will have the ability to have signage on their buildings. He noted the directional signage will be looked at during the commercial site plan review. Councilmember Nelson noted since both of these buildings will be over 2,000 square feet, they will need the interior sprinkler systems in case of a fire. He shared he read that there is one Andover fire hydrant that does not have the greatest access and that they were looking into the possibility of getting another fire hydrant. He asked about the status of the fire hydrant in this area. Mr. Hellegers said they are reviewing this as a part of the commercial site plan. He explained the former location of the fire hydrant was not desired by the Fire Department, and they would like it to be located farther to the east where it would be of more use fighting fires at these two buildings. Mr. Dickinson noted these finer details will all be a part of the commercial site plan review. He noted this discussion is for the uses and conditional use to allow for drive-throughs. Councilmember Engelhardt asked, with the work being done at Clocktower Commons and at the Andover Senior Complex, if it could be problematic that both entrances will be relying on Bluebird Street. He asked if they would have to look at different traffic controls based on the three-quarter intersection and Bluebird Street. Mr. Dickinson said they are not anticipating there being conflict as this development will be under construction this year and the Andover Senior Complex will not be under construction until next year at the earliest. Mr. Hellegers said the primary accesses will be off of Crosstown Boulevard even though there are access points off of Bluebird Street. Councilmember Engelhardt asked if the three-quarter intersection and the intersection at Bluebird Street will cause a bottle-neck situation. Mr. Dickinson said he would not anticipate a problem relative to this due to the small nature of both construction sites. He noted these buildings will likely take three to five months at most, so he does not see any conflicts occurring with construction. Motion by Butler, Seconded by Nelson, to adopt Resolution No. R054-24, approving the Conditional Use Permit Amendment/Planned Unit Development Amendment requested by SMNPT 1, LLC. Motion carried unanimously. CONSIDER CITY CODE AMENDMENTS & SUMMARY ORDINANCE FOR PUBLICATION - TITLE 12: ZONING REGULATIONS, TITLE 11: SUBDIVISION REGULATIONS, TITLE 9: BUILDING REGULATIONS, AND TITLE 13: PLANNING AND DEVELOPMENT - CITY OF ANDOVER (APPLICANT) The City Council is requested to consider the recommendation of the Planning & Zoning Commission and make a decision on the City Code amendments and the summary ordinance for publication. Regular Andover City Council Meeting Minutes – May 7, 2024 Page 6 Mr. Hellegers reviewed the information with the Council concerning the City Code amendments that need to be updated. He shared the Planning & Zoning Commission’s recommendation for approval. Mr. Dickinson added these amendments were discussed through the workshop process. Motion by Nelson, Seconded by Butler, to approve the City Code amendments and summary ordinance for publication (Ordinance 561). 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. He shared there are 43 new homes in the City and commercial permits are relatively active. He noted Legacy Christian Academy will be pulling another permit for some additional space this year. He stated legislative monitoring has been taking up a lot of time and he is on the phone regularly. He noted all bonding projects have been cut back and the dollars are at a lesser amount. He said they will try to keep the momentum going for the Red Oaks monitoring area project and continue to push for dollars on this project and the project at Eastbrook Terrace. He shared the Governor’s Office, the Department of Health, and the MPCA are all aware of this. He added he is monitoring a number of bills out there relative to development. He shared a lot of time and effort are being put into the budget and CIP development. He stated the financial statement and the audit have both been completed and will be presented to the Council at the next Council meeting. He noted he is continuing to work on development analysis and proposals. (Public Works/Engineering Department Report) On behalf of Mr. Berkowitz, Mr. Dickinson reviewed the Public Works and Engineering Department report. He shared Public Works has been busy with grass mowing and pothole patching. He said the reclamation projects have already started and the other major constructions will begin soon. He noted the Red Oaks project has presented some challenges. He shared one way they are trying to combat some of the complexities was to phase this project in. He noted the contractor and staff are doing what they can to make this go smoothly; however, there have still been some difficulties. He explained when they are ripping up the roads, they are finding soft soil and cars are getting stuck in them. He said the project is ahead of schedule and the phasing concept will allow them to be able to start connecting some of the homes sooner than they had anticipated. He shared staff is doing the best they can with this project, and they are updating the project website on a weekly basis. He noted the project inspector’s phone number is also available if anyone has any issues. He added they are working on getting bids for a few of the other major projects that have to do with the HVAC at the water treatment plant and some parking lot projects. (Community Development Department/Community Center Report) On behalf of Mr. Janish, Mr. Dickinson reviewed the Community Development Department report. He shared that the Community Center is approaching its slowest times of the year. He noted this means they will be Regular Andover City Council Meeting Minutes – May 7, 2024 Page 7 doing a lot of maintenance on the building, and they are working on placing the new dehumidification units for the facility and ice areas. He said it has been very cold in the ice rinks and there is a lot more condensation while they are working on getting the dehumidification in place. He shared the concrete floors in the Community Center will be reconditioned as part of some general maintenance. He said they will also be doing work relative to ice replacement. He shared they will be taking the main ice arena down to help alleviate some of the potential permafrost impacts starting around May 23rd running through June 10th. Councilmember Nelson shared last month the EPA came out with new Federal guidelines for PFAS. He asked if there have been any city wells that have a level of PFAS that is outside of these guidelines. Mr. Dickinson said there are no city wells that have detected any PFAS. He explained in the Red Oaks monitoring area, some PFAS was detected with some of the private wells. He noted this is part of the reason they are continuing to request dollars for the Red Oaks area. He shared that PFAS is more prevalent on the eastern side of the metro with Brooklyn Park being the closest city being affected. Councilmember Nelson asked if the new guidelines allowed 4 parts per trillion. Mr. Dickinson said he does not know the number off of the top of his head. MAYOR/COUNCIL INPUT Councilmember Nelson shared the puzzle exchange went fantastic. He noted this event is getting bigger and asked if they are considering having the event more often than annually. Mr. Dickinson said he is not sure how often it will be; however, the next event will likely be held at a larger venue. He stated they have outgrown the Senior Center and may look to utilize the Community Center for the next event. Councilmember Nelson added they had great participation at the Mayors’ Prayer Breakfast at the Bunker Hills Event Center. Councilmember Engelhardt said it seems as though the puzzle exchange has become rather ‘puzzling’ which is a great thing. Councilmember Barthel was sure they could “piece it together”. Mayor Bukkila shared the Andover City-Wide Garage Sale will be happening this weekend, 9:00 a.m. to 5:00 p.m. this Thursday through Saturday. She added maps will be available on the city website. Mr. Dickinson added they will also be having spring recycling this Saturday May 11th. RECESS Mayor Bukkila recessed the regular City Council meeting at 7:50 p.m. to a Closed Session of the City Council to discuss pending litigation for the Anderson variance. Regular Andover City Council Meeting Minutes – May 7, 2024 Page 8 RECONVENE The City Council reconvened at 8:22 p.m. ADJOURNMENT Motion by Barthel Seconded by Nelson, to adjourn. Motion carried unanimously. The meeting adjourned at 8:22 p.m. Respectfully submitted, Ava Major, Recording Secretary Regular Andover City Council Meeting Minutes – May 7, 2024 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – MAY 7, 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 .....................................................................................................................2 Item 2 Approve Payment of Claims 2 Item 3 Award Bid/23-12/Crosstown Blvd. NW Trail (R048-24) 2 Item 4 Approve Plans & Specs/Order Ad for Bids/24-18/Public Works West Parking Lot Construction (R049-24) 2 Item 5 Approve Declaration of Encroachment ROW/1357 – 152nd Ln. NW/23-12 2 Item 6 Order Improvement/Order Plans & Specs/24-32/Fiber Optics for City Utilities/Well #9 & LS #10 & #11 (R050-24) 2 Item 7 Approve Used Vehicle Sales License 2 Item 8 Accept Dedication of Easements – 17130 Ward Lake Dr. NW 2 Item 9 Approve City Code Amendments & Summary Ordinance for Publication – Title 8: Public Ways and Property, Title 1: Administration, Title 3: Business and License Regulations (Ord. 560) 2 Item 10 Approve an On-Sale Wine License 2 Item 11 Declare Surplus Equipment/Property 2 Item 12 Approve Demolition Contract 2511 & 2513 Bunker Lake Blvd. 2 Item 13 Approve Implementation of Lexipol 2 Item 14 Approve Massage Therapist License 2 Item 15 Approve Resolution Accepting Contribution from Andover Football Association (R051-24) 2 Item 15a Approve 2025 Budget Development Guidelines 2 PUBLIC HEARING - CONSIDER VACATION OF EASEMENT - OUTLOTS B, C, AND D IN LEGACY AT PETERSEN FARMS (R052-24) ................................................................... 2 Regular Andover City Council Meeting Minutes – May 7, 2024 Page 10 CONSIDER FINAL PLAT - LEGACY AT PETERSEN FARMS SECOND ADDITION (R053-24) ....................................................................................................................................3 CONSIDER A PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT AND CONDITIONAL USE PERMITS (CUP) FOR TWO DRIVE-THROUGHS FOR THE PROPERTY AT 15170 BLUEBIRD STREET NW (PID 23-32-24-32-0025). (APPLICANT: SMNPT 1, LLC) (R054-24) ....................................................................................................... 3 CONSIDER CITY CODE AMENDMENTS & SUMMARY ORDINANCE FOR PUBLICATION - TITLE 12: ZONING REGULATIONS, TITLE 11: SUBDIVISION REGULATIONS, TITLE 9: BUILDING REGULATIONS, AND TITLE 13: PLANNING AND DEVELOPMENT - CITY OF ANDOVER (APPLICANT) (Ord. 561) .......................... 5 ADMINISTRATOR’S REPORT ............................................................................................... 6 MAYOR/COUNCIL INPUT ......................................................................................................7 RECESS to Closed Session/Discuss Pending Litigation Anderson Variance ............................7 RECONVENE ............................................................................................................................ 8 ADJOURNMENT ...................................................................................................................... 8