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WK - November 22, 2022
NDO 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV City Council Workshop Tuesday, November 22, 2022 City Hall — Conference Rooms A & B 1. Call to Order — 6:00 p.m. 2. Discuss Nightingale Villas Development Storm Water Design —Engineering 3. Discuss Grey Oaks Development Mill & Overlay Assessment Method —Engineering 4. Discuss Commercial Recreation Concept — Planning 5. 2023 Budget Discussion —Administration ® 6. October 2022 Community Center Update — Administration 7. October 2022 General Fund Budget Progress Report —Administration 8. October 2022 City Investment Reports —Administration 9. Other Topics 10. Closed Session — City Administrator Performance Review 11. Adjournment S ANDOVER CITY COUNCIL WORKSHOP MEETING — NOVEMBER 22, 2022 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Sheri Bukkila, November 22, 2022 at 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Jamie Barthel, Ted Butler, and Randy Nelson Councilmember absent: Valerie Holthus Also present: City Administrator, Jim Dickinson Public Works Director/City Engineer, David Berkowitz Assistant City Engineer, Jason Law QCommunity Development Director, Joe Janish Human Resources Manager, Dana Makinen Others DISCUSS NIGHTINGALE VILLAS DEVELOPMENT STORM WATER DESIGN The Council is requested to discuss the Nightingale Villas stormwater design as requested by a resident. Staff and representatives from Coon Creek Watershed District have reviewed the design and will answer questions. Mr. Law explained the regulatory process of stormwater design and the City's review of new developments. Mr. Law explained the review and approval processes the developer went through. He stated the developer included a stormwater plan which was reviewed by the City and the Coon Creek Watershed District. Mr. Law stated there can be no net increase in stormwater discharge allowed off site from pre -development conditions. He indicated this requirement was met by the developer and approved by the City and Coon Creek Watershed District. Mr. Law explained the developer went through a verification process to ensure they weren't sending additional water off site. He presented existing conditions showing stormwater drainage pre - development. Mr. Law stated the City required the developer to design for back-to-back 100-year storm events. He showed a picture of how the project impacts Ms. Ganske's property and explained © the stormwater sent to her property was reduced post development. He stated the only way water will discharge to her property from the northwest pond is if the 100-year storm event is exceeded. Mr. Law stated the design infiltration rate for the northwest pond is .8 inches per hour. The developer © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 2 was required to test the infiltration pond to make sure the requirement was met, and the rate was 9 to 21 inches per hour. Councilmember Nelson asked what type of event would cause the pond to overflow. Mr. Berkowitz stated it would have to be over the 100-year storm event, over 7 inches of rain in 24 hours. Mr. Law explained it would take around 10 inches of rain in 24 hours before water would leave the northwest pond thru the culvert. He noted the culvert allows runoff from extreme events to drain slowly out of the culvert instead of overflowing the berm and a potential berm failure. Mr. Berkowitz stated engineers are very conservative with stormwater drainage design and the goal is to protect the structures and improve groundwater. Mr. Tim Kelly, Coon Creek Watershed District, stated Andover has an advantage because it is a newer community and has the benefit of modern stormwater design. He stated maintenance of stormwater ponds is critical, so they continue to operate as designed. Rhonda Ganske, 2159 153 d Lane NW, came forward and stated Andover has gotten a lot of ® developments and has never put in an infiltration pond with an outflow culvert emptying onto private property. She stated the City Code and Coon Creek Watershed District rules indicate water must be routed to a public drainage system. Ms. Ganske stated the City and Watershed are violating their own rules. Mr. Kelly stated eventually, all water will end up in Coon Creek. He briefly explained the history of stormwater, ditches, and how the Watershed District protects infrastructure. Mr. Kelly stated the developer must show how water will get to Coon Creek. Mr. Kelly stated they check for pre - development conditions and post development. Ms. Ganske asked if the emergency overflow could be routed to the existing pond on the south, in Woodland Estates. Mr. Law explained the Woodland Estates system was designed before the new Atlas 14 requirements and to handle a smaller water standard. He stated routing additional water to that pond could be detrimental to the system. Mr. Berkowitz stated the water has the right to go the direction it went pre -development compared to post development. Jan Schendel, 2170 1541h Lane NW, came forward and said no one consulted her about the development and water with pesticides going on to her property. She said she has been taxed in Andover for over 30 years and no one asked if she was okay with the development going in. Ms. © Schendel stated she does not give the City permission to send water onto her property. She does not want the City to trample on her property rights. © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 3 Mayor Bukkila asked staff to address the filtration of water on the development. Mr. Law stated the storm sewer picks up all the water from the street and half of the water from roof tops and flows to the southwest infiltration basin. The basin is designed to treat stormwater to take the pollutants out and recharge the groundwater. Mr. Law explained if the pond on the north was not constructed, the water would run off into Ms. Ganske's property without any treatment. Mr. Law stated all the stormwater coming from the development is getting treated in the infiltration ponds. He said if there is a 500-year storm event, there will be water coming out of the northwest pond culvert, but there will be problems citywide. Councilmember Butler asked if the pond lessened the water volume and better metered the discharge time. Mr. Kelly stated that is exactly what infiltration ponds are for. Councilmember Butler stated there is not an increase in water being redirected post -development onto Ms. Ganske's and Ms. Schendel's property. Councilmember Barthel stated pre -development, all the water rolled onto Ms. Ganske's property. Councilmember Butler stated they are talking about rare events that generate water to make it flood. © Councilmember Barthel stated only with a large rain event will Ms. Ganske see water coming out of the culvert. Mr. Law stated the design exceeds the requirement and Ms. Ganske will see less water than pre -development. Ms. Schendel stated she feels there will be a different quality of water with the development. She doesn't like the precedent the Council is setting to tread on people's property rights. She stated she does not give her permission for her property to be changed because of a development. Councilmember Butler stated the City and the Watershed are trying to make sure the water is managed properly in a way the system can handle and protects property and structures. Mr. Berkowitz stated the keys to stormwater design are treatment, volume, and protection. He explained the design meets the requirements and the chance of water going onto Ms. Ganske's and Ms. Schendel's property is very slim. Mayor Bukkila asked how the culvert impacts storm events. Mr. Kelly stated the culvert protects the pond and Ms. Ganske's property by armoring, controlling, and routing the runoff. He stated without the culvert, the bank would be eroded, and the pond berm could fail. Mayor Bukkila stated the culvert reduces the water flow rate and erosion in a short period of time. © Mr. Berkowitz explained the design criteria has been met and the goal is to not adversely affect the downstream property. He stated that is why there is treatment, volume control, and protection of structures so they won't flood in a catastrophic event. Mr. Kelly stated the Council is allowing the © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 4 property owner to develop their property under the zoning ordinance without adversely affecting adjacent property owners. Ms. Ganske stated she is disappointed that the City allows the culvert and overflow to go into a private backyard. She asked if she developed her land, will the developer do the same thing to her neighbor. Councilmember Butler stated the developer cannot adversely affect Ms. Schendel's property. He stated he understands that this was not what Ms. Ganske expected. He stated it was done to protect the development and the surrounding properties. Ms. Schendel stated Ms. Ganske is going to have more toxic runoff with the development. Mr. Kelly stated research has shown the primary source of toxic material would be an old farm site that was using toxic material. Ms. Schendel asked if fertilizers and lawn chemicals affect water quality. Mr. Kelly stated most people use phosphorus, nitrogen, and potassium. He stated phosphorus is not needed in Minnesota because it naturally is present. He explained nitrogen is used Ms. Ganske stated additional water in her backyard increases the probability of her septic system © failing. Mayor Bukkila explained the amount of water going into Ms. Ganske's backyard is not increasing due to the development. Ms. Ganske stated she felt the City took advantage because the sketch plan showed one pond and when she showed the picture of her flooded backyard, the City required an additional pond directed at her property. Mr. Dickinson stated the system has been designed to exceed regulatory standards and water runoff is the same or slightly lower than pre -development. He stated making impacts to the current infrastructure like removing the overflow would place the City in noncompliance and staff do not recommend that path. Mayor Bukkila stated she is thankful for the discussion and the good information. Councilmember Barthel stated the Council sees all the things the City and Coon Creek Watershed did to make Ms. Ganske's property less impacted than before. He stated she is the same or better than before. Councilmember Barthel stated the City can communicate better with residents that a culvert is only going to be used in a 200-year event. Mr. Berkowitz stated almost every development has an overflow. Mayor Bukkila recessed the meeting at 7:23 p.m. The Council reconvened at 7:35 p.m. © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 5 DISCUSS GREY OAKS DEVELOPMENT MILL AND 0 VERLA YASSESSMENT METHOD The City Council is requested to discuss the assessment method for Grey Oaks and provide direction to staff on how to proceed. Mr. Berkowitz stated Grey Oaks contains apartment buildings and staff recommends assessing the properties per unit. Mr. Berkowitz stated Arbor Oaks has 50 regular units and 21 additional memory care units. He explained the City can assess the 50 regular units or assess the full 71 units. Mr. Berkowitz recommended assessing 71 units because staff are required to operate the memory units. He stated the assessment per unit, if the 71 units are included, is $310. If the memory care units are removed, the assessment will be $330 per unit. Councilmember Nelson stated residents of the 21 memory care units are not driving. Mr. Berkowitz stated staff are required to care for residents and create trips. Mayor Bukkila stated she doesn't want to microscope the occupants of a building, but to look at the footprint. She explained the footprint of a single-family home is much larger than a condo. Mayor Bukkila stated there is a higher traffic count to the apartment complex than to a single-family home. © Councilmember Butler stated he likes the unit assessment rather than front footage. Councilmember Barthel stated he supports the unit assessment and including the 21 memory care units. The Council reached consensus to assess the project per unit including the 21 memory care units. DISCUSS COMMERCIAL RECREATION CONCEPT The City Council is requested to discuss the potential rezoning of a property from residential to commercial so a commercial recreation facility can operate. Mr. Janish stated Jess and Billy Evers are looking to open a sports facility in Andover. Staff has identified the property referred to as Prairie Oak Church as a possible site. Mr. Janish stated the Evers would like to purchase the property, build 3 or more basketball courts, allow for volleyball, and construct a dome with turf. He stated the site is in a residential zone and will need to be rezoned. Mr. Janish explained the Comprehensive Plan will need to be amended with a 4/5 vote. Councilmember Nelson asked if all the churches in Andover are zoned residential R-1. Mr. Janish stated some are zoned R-4, but most are zoned R-1. © Mr. Evers stated they don't want to pursue the site if the City has no support of the concept. Councilmember Nelson asked if they were looking at purchasing the entire 40 acres. Ms. Evers responded they are. Councilmember Nelson asked if they conducted a market analysis and if there © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 6 is a demand. Ms. Evers responded they did conduct a market analysis and their program is growing. Mr. Evers stated there is not enough gym space and Andover residents have to travel to other cities to practice and play. Mayor Bukkila stated once the property is rezoned, another user can come in and have impacts on traffic. Mr. Janish stated staff has identified a specific zoning classification yet, but as they go through the process, one will be selected. Mr. Janish stated an option is to allow a commercial recreation operation in a residential district through a Conditional Use Permit. He said a CUP would allow the City to have the applicant conduct traffic studies, however, the CUP would open other residential areas to a commercial recreation facility. Mayor Bukkila stated she is not on board at this moment in time. Councilmember Butler stated he is open to the discussion and sees community demand for the facility. © Councilmember Nelson stated traffic would increase if a business was there. Mr. Janish explained the site is on two County roads. Councilmember Barthel stated the intersection is busy and he can see the site becoming commercial. He is open to rezoning it commercial but does not want it to be industrial. Mr. Janish stated the Council can rezone part of the property commercial and leave some as residential. Councilmember Nelson stated he is open for more discussion. Mr. Evers stated the parcel is 40 acres, however, half of it is not buildable. Mr. Janish showed an aerial identifying wetland and upland. Mayor Bukkila stated she can see general business but is unsure about a destination point. The majority of the Council supported continued discussions. © 2023 BUDGET DISCUSSION The City Council is requested to continue discussion on the 2023 Budget. Administration is looking for City Council direction as the final preparation steps for the December 6, 2022 Budget/Levy © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 7 hearing. Mr. Dickinson stated staff are not asking for additional positions. He said the Fire Department duty crew situation is improving. Mr. Dickinson explained the City is focusing on retaining employees through cross -training, work culture, and flexibility. Mr. Dickinson stated the Public Works Union negotiated a 2.75% COLA and staff are proposing a 3.25% COLA which would increase the budget by $25,000. Ms. Makinen stated the highest salary is probably the most out of line with the market. She said the Governor raised the salary cap by 7.7%. She stated the City is at 95% or less of the market value. Ms. Makinen stated the City is losing employees to cities out of the metro. Mayor Bukkila asked for more detail and would like to look at the difference between salaries and benefit packages. She asked Ms. Makinen to conduct research and compare the salary and benefit packages with other cities to use in future budgets. Mayor Bukkila asked if the savings on health insurance can be used to fund the increase in COLA. Mr. Dickinson said yes. Mr. Dickinson stated there are few new people looking at local government for employment. © Councilmember Butler stated if an additional half percent helps retain staff, then he supports 3.25%. He would like to look at the job classifications and identify where the City is behind market. Mayor Bukkila stated new employees take about a year to get on board and start being creative. She said there is a cost of losing senior employees and would like to see smoother succession training. The City Council reached consensus for a 3.25% COLA. Mr. Dickinson reviewed the charts and information he will share at the December Oh meeting with the public. OCTOBER 2022 COMMUNITY CENTER UPDATE The City Council is requested to receive an update on the Community Center for the month of October. Mr. Dickinson highlighted events at the Community Center in October. He stated events went well and he received many compliments on the facility and staff. Mr. Dickinson noted the Community Center is having issues with the behavior of children. They plan on bringing in Sheriff's staff and giving Eric Sutherland the authority to deny groups who do not meet standard behavior. © Mr. Dickinson stated reviewed Sheriff's calls for service to the Community Center and will bring more detail to the Council at a future workshop. © Andover City Council Workshop Meeting Minutes — November 22, 2022 Page 8 OCTOBER 2022 GENERAL FUND BUDGET PROGRESS REPORT The City Council is requested to receive the General Fund Budget progress report for the month of October. OCTOBER 2022 CITYINVESTMENT REPORT The City Council is requested to receive the October 2022 City Investment Report. OTHER BUSINESS Councilmember Nelson asked if the City could apply for the Community Development Block Grant again. Mr. Dickinson stated they plan on applying for it to address water issues. Mayor Bukkila stated the City received a complaint about at -large animals. She said she was under the impression that the Sheriffs Department sent information on those calls to the City but was informed the City only gets the bite calls. Mr. Dickinson stated the City gets bite calls more quickly © and nuisance calls come over more sporadically. Mayor Bukkila requested the information come to the City more quickly. Mr. Dickinson stated he is getting the report but will look into it. CLOSED SESSION— CITY ADMINISTRA TOR PERFORMANCE REVIEW Mayor Bukkila recessed the City Council Workshop to a closed session at 8:44 p.m. The City Council reconvened at 9:00 p.m. ADJOURNMENT Motion by Butler, Seconded by Barthel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Shari Kunza, Recording Secretary Timesaver Off Site Secretarial, Inc. l`J