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HomeMy WebLinkAbout2025-02-04 CC REGULAR ANDOVER CITY COUNCIL MEETING – FEBRUARY 4, 2025 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jamie Barthel, February 4, 2025, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Rick Engelhardt, Scott Schue, and Jonathan Shafto Councilmember absent: None Also present: City Administrator, Sarah Cotton Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Natural Resources Technician, Kameron Kytonen City Planner, Peter Hellegers Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL Councilmember Shafto requested removing Item 12 from the Consent Agenda as he has a conflict of interest in voting on the Park & Recreation Commission appointments as his wife, Liza Shafto, is on the list to be re-appointed. Motion by Schue, Seconded by Engelhardt, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES January 21, 2025, Regular Meeting: Correct as written. January 14, 2025, Special Meeting: Correct as written. Motion by Engelhardt, Seconded by Schue, to approve the January 21, 2025, Regular meeting and January 14, 2025 Special meeting minutes as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes – February 4, 2025 Page 2 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Accept Feasibility Report/Order Public Hearing/25-11A/2025 Full Depth Reclamation (Meadows of Round Lake Area) (See Resolution R010-25) Item 4 Accept Feasibility Report/Order Public Hearing/25-11B/2025 Full Depth Reclamation (Fox Meadows & Indian Meadows) (See Resolution R011-25) Item 5 Accept Feasibility Report/Order Public Hearing/25-11C/2025 Full Depth Reclamation (Pine Hills Addn.) (See Resolution R012-25) Item 6 Accept Feasibility Report/Order Public Hearing/25-11D/2025 Full Depth Reclamation (Andover Commercial Park) (See Resolution R013-25) Item 7 Accept Feasibility Report/Order Public Hearing/25-12A/2025 Mill & Overlay (Tulip St. stth NW-161 Ave. NW to 168 Ln. NW) (See Resolution R014-25) Item 8 Accept Feasibility Report/Order Public Hearing/25-12B/2025 Mill & Overlay (Kadlec nd Addn./Oakwood Estates/White Oaks Country Estates/172 Ave. NW) (See Resolution R015-25) Item 9 Accept Feasibility Report/Order Public Hearing/25-12C/2025 Mill & Overlay (Country Oaks West & Birch Point Estates) (See Resolution R016-25) Item 10 Accept ACD Natural Resource Improvement Grant/25-21 Item 11 Approve Change Order #1/24-20/Water Treatment Plant Radon Mitigation (See Resolution R017-25) Item 12 Ratify Commission Appointments (Planning & Zoning Commission and Nature Preserve Commission) Item 13 Consider Resolution Calling for a Public Hearing on the Issuance of Senior Housing and Healthcare Revenue Bonds and Authorizing the Publication of a Notice of Hearing (Andover Senior Campus/J.A. Wedum Foundation Project) (See Resolution R0018-25) Item 14 Schedule Local Board of Appeal & Equalization Meeting Item 15 Consider Approval of Conduit Debt Policy Motion by Shafto, Seconded by Schue, to approve of the Consent Agenda as read. Motion carried unanimously. Item 12 Ratify Commission Appointments (Park & Recreation Commission) Motion by Engelhardt, Seconded by Schue, to approve of the Consent Agenda as read. Motion carried 3 ayes, 1 present (Shafto). NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC HEARING/25-1 The City Council is requested to hold a public meeting to review the City’s status of compliance with the program and make recommendations as needed. Natural Resources Technician Kytonen reviewed the staff report in regard to the NPDES program. He introduced Tim Kelly, District Administrator for the Coon Creek Watershed District. Regular Andover City Council Meeting Minutes – February 4, 2025 Page 3 Mr. Kelly discussed the NPDES program and the challenges they are facing with stormwater, water quality, floodplain management, and planning in the rural reserve area. He explained if they do not address these issues there could be State or Federal intervention. He added they could also run the risk of seeing an increase in waterborne diseases if not addressed. He shared the Coon Creek Watershed District works with the City in five areas throughout the City focusing on stormwater. Motion by Schue, Seconded by Engelhardt, to open the public hearing at 7:18 p.m. Motion carried unanimously. No one came forward to address the Council. Motion by Engelhardt, Seconded by Shafto, to close the public hearing at 7:19 p.m. Motion carried unanimously. TH HEARING/CONSIDER CLASSIFYING A NUISANCE DOG/2450 177 LANE The City Council is requested to receive a presentation, gather testimony, and consider adopting th the resolution declaring a Lab named Rexi owned by Thomas James Belisle, 2450 177 Lane NW, a nuisance dog, and determine an appropriate disposition. City Attorney Baumgartner shared he spoke to both individuals involved prior to this meeting to see if they could come to an agreement before the Council reviewed the case and both parties are on the same page. He suggested they hold off on the nuisance dog classification for a probationary period of one year. He said they are trying to find a way for these neighbors to coexist without having to classify the dog as dangerous or a nuisance. City Administrator Cotton reviewed the staff report concerning a potential nuisance dog named th Rexi at 2450 177 Lane. She reviewed the timeline of events that have led to this hearing. Mr. Belisle acknowledged these events as fact. Mayor Barthel stated Rexi meets three of the six criteria for a nuisance dog and asked the Council if they agree. The Council agreed. Mr. Baumgartner asked the Council if they had all reviewed the staff packet and took this information into consideration when making their decision on Rexi fitting the criteria of a nuisance dog. The Council said yes. th Mr. Belisle, 2450 177 Lane NW, came forward and shared he had two dogs when this all began and he had no issues with Rexi for over four years. He explained he adopted a second dog, Bear, as a companion for Rexi; however, Bear proved to be an issue. He stated Bear passed away after the second citation due to poisoning. He said it was a year after Bear’s passing that the incident in question with Rexi occurred. He explained he was not home at the time of the incident and only Regular Andover City Council Meeting Minutes – February 4, 2025 Page 4 his girlfriend was at the house, inside on a work meeting. He stated Rexi never came back home with any blood, feathers, or chicken parts after this incident. He added this has not been an issue with any of his other neighbors other than the Demsky’s. He noted the Demsky’s home is not code compliant. He shared there was another incident where two other dogs in the area were poisoned shortly after Bear was. Mr. Baumgartner noted that based on Mr. Belisle’s testimony, he does not seem to agree that Rexi killed the chickens. He said they could have Ms. Demsky come forward and testify unless Mr. Belisle would like to accept the responsibility of Rexi killing the chickens. Mr. Belisle shared he has not seen photos or proof that Rexy killed the chickens and would like to hear Ms. Demsky’s testimony. th Laura Demsky, 2421 177 Lane NW, came forward and stated she would like to rescind her agreement to the terms previously discussed with Mr. Baumgartner as he is blaming her for his problems. She said it is not true that her house is code compliant. She added that just because Mr. Belisle says he did not see the dead chicken body does not mean it didn’t happen. She shared she had submitted photos of goose to the City Clerk but since there was no police report to go with the dead body, it was not submitted to the Council. She reiterated she no longer agrees with the probationary period as she does not see this issue ever stopping. She added his girlfriend has an upcoming court date for the killing of the chickens. She said she hears Rexi outside on her property as early as 6:00 a.m. She explained her mother, who is in poor health, has become afraid of being in the backyard out of fear that Rexi will appear and hurt her. She said she thought that they would be able to come to an agreement this evening; however, it is apparent based on Mr. Belisle’s testimony that this is not fixable as he will not accept responsibility. She stated she has spoken with Mr. Belisle on many occasions about building Rexi a kennel in his backyard to keep her contained but he has refused and proceeded to mock Ms. Demsky. She added she is fearful of having her nieces and nephews over as they could be in danger. Mayor Barthel asked how they should proceed now that the prior agreement is no longer being accepted by Ms. Demsky. Mr. Baumgartner explained part of his discussion with Mr. Belisle was an omission to the allegations in exchange for the proposed offer. He shared he is hopeful that incidents with Rexi will not happen again and that the neighbors will not harass each other and can get along. He stated if the neighbors get combative and cannot coexist then he will have to get involved and it will be worse than this situation. He noted while he respects what Ms. Demsky has shared, it is the Council decision on how to move forward in this situation as this is not an agreement between Ms. Demsky and Mr. Belisle, but the Council’s decision on how this situation can be best handled. He added there can be certain conditions placed with this agreement and any violation would open up further possibilities to the Council. He said he does not feel that it would be right to go back on the agreement previously made if this is what Mr. Belisle made his omissions based upon. Mayor Barthel asked if they decide to do a one year probationary period and Rexi is found to be off the property within this time if this would come back to the Council. Mr. Baumgartner said yes and explained the Council could enter the declaration of a nuisance dog at this time. Regular Andover City Council Meeting Minutes – February 4, 2025 Page 5 Mayor Barthel asked about the upcoming court date for this matter. Mr. Baumgartner shared there is a court date in March for two citations, which is separate from this. Councilmember Shafto said these hearings are not fun for everyone. He shared he is disappointed that Mr. Belisle did not recognize the fact that dogs can get aggressive with smaller animals like chickens and it can be a result of the dog trying to play with the chickens. He said he grew up on a farm with chickens and a dog has killed some of his chickens before. He noted it is ultimately the owner’s responsibility to keep their dog on their property. He stated he would lean towards a probationary period in this situation and urged the neighbors to be more respectful of one another. Councilmember Engelhardt shared he has a dog who once got off leash and relieved himself in his neighbor’s yard. He stated he took responsibility, cleaned up the yard, and made sure that did not happen again. He noted the responsibility of the dog owner always comes first. He said he wants to see the neighbors work this out if at all possible. He said he was disappointed that the neighbors had come to an agreement and came in front of the Council and talked their way around it. He shared he is also leaning towards the probationary period. Councilmember Schue stated he also has dogs who can escape at times and he does everything possible to prevent this. He said one of his dogs loves rabbits and if his dog hunts a rabbit in his neighbor’s yard, it is his responsibility to go talk to the neighbor and clean up whatever his dog could have done in their yard. He said Mr. Belisle had the same responsibility in this situation even though he was not home at the time of the incident. He noted Mr. Belisle did not do himself any favors by talking about the situation in disbelief. He shared he agrees with the probationary period; however, he would also like to see the neighbors be respectful of each other and for Mr. Belisle to take care of his dog. He added everyone is sympathetic to the situation and encouraged Mr. Belisle to abide by the agreement as no one wants to see him back in front of the Council ever again. He thanked Ms. Demsky for her testimony and apologized for her loss. Mayor Barthel agreed with his fellow Councilmembers. He said he wants everyone to understand that this Council believes in property rights, especially in the rural area. He noted Mr. Belisle has every right to own a dog, while Ms. Demsky has every right to not have this dog on her property. He said that he is extremely nervous that the Council will be seeing Mr. Belisle and Ms. Demsky again, but he hopes they do not. Motion by Schue, Seconded by Engelhardt, to declare Rexi a nuisance; however, the declaration is to be withheld on conditions to be set by the Council for a period of one year. Motion carried unanimously. Mr. Baumgartner suggested the conditions of this agreement be microchipping Rexi, not allowing Rexi to be outside of the residence unless she is in a kennel, on a leash, or on a chain, and restitution to Ms. Demsky for the three chickens, at $60 each for a total of $180. Councilmember Schue asked when the restitution would need to be paid by. Mr. Baumgartner said Regular Andover City Council Meeting Minutes – February 4, 2025 Page 6 this would be up to the Council. He shared they would typically ask the individual how much time they would need in order to pay this. Mayor Barthel suggested they have Mr. Belisle drop off payment at City Hall and Ms. Demsky can come and pick it up. He asked Mr. Belisle to drop off the check in the next 30 days. Councilmember Shafto asked how they will proceed with any incidents if they take place after the probationary year is up. Mr. Baumgartner said they would start this process over again. Councilmember Shafto said he would not be interested in issuing a second probationary period if another incident occurs after the first year. Mayor Barthel said this is something they can talk about if they ever get to this point. Mayor Barthel asked if Mr. Belisle is to fence in his whole yard if this would fit the kennel requirements. Mr. Baumgartner explained that as long as the dog is appropriately contained on the property, it would be acceptable. He encouraged Mr. Belisle to contact the City to confirm that any plans he has would be acceptable. Motion by Shafto, Seconded by Schue, to set conditions of the agreement as follows: microchipping Rexy, not allowing Rexy to be outside of the residence unless she is in a kennel, on a leash, or on a chain, and restitution to Ms. Demsky for the three chickens, at $60 each for a total of $180 within 30 days. Motion carried unanimously. Mr. Baumgartner shared he will bring a resolution forward at the next Council meeting for a signature. Mayor Barthel encouraged Mr. Belisle and Ms. Demsky to reach out to Ms. Cotton if they have any questions moving forward. QCTV ANNUAL REPORT PRESENTATION The City Council is requested to receive a presentation from QCTV Executive Director Karen George and Social Media and Communications Coordinator Seamus Burke regarding QCTV updates on the past year and future initiatives to be perused in the coming year. Ms. George and Mr. Burke reviewed the 2024 QCTV report. She gave a brief background of QCTV and reviewed their Strategic Plan. She shared they sent a cable subscriber survey in 2024 where they asked residents about their interactions with QCTV and its programming. She read the conclusion of the report sharing the shift in demographics has impacted QCTV as fewer younger people are signing up for traditional cable service. She noted positive offerings and service ratings have doubled across the board from 2016 and even though the audience is smaller, the connection between QCTV and its current customers has strengthened making it a central bond in the life of Regular Andover City Council Meeting Minutes – February 4, 2025 Page 7 the community. She added they are seeing that people are wanting to get their information about the City via video or social media. She reviewed the highest viewed programming, including parades and festivals, the weekly news program called The Post, sports coverage, and election coverage. She said they are very pleased with the results of this survey. Mr. Burke shared they reached over 900,000 online users and 245,000 YouTube users in 2024. He added they upped their production capacity producing 324 community programs, including 144 sports games. He noted they also produced 18 candidate forums in 2024 with over 8,000 views. He discussed the QCTV channels of The Post, Live and Local, City Matters, and their bulletin boards. He explained there is an equitable distribution of their time and city meetings between all of their partner cities. He shared they will be rebuilding their website in 2025 and hope to execute a contract soon. He noted they are planning to meet new FCC standards with their new website and improve their accessibility. He said they saw year-over-year growth with their YouTube viewership and gained over 1,000 new subscribers. He stated they also saw massive growth in their Instagram content when they are posting Andover sports content. He shared some of the top highlights from 2024, including the Andover versus Elk River football championship game, Live and Local Andover in June and November, Andover High School’s graduation ceremony, the Andover Fire Department Toy Drive story, and the Andover High School Girls Basketball spotlight. Ms. George shared her team won Telly Awards and a NATOA in 2024. She reviewed every member on their staff both full and part-time. She noted last year they went before the legislature with a proposal in conjunction with the League of Minnesota Cities to shore up local control of public right-of-way through the Equitable Access to Broadband Act. She said they will be going with a stopgap funding measure with a general fund ask this year. She stated they are hopeful this will be introduced in the coming weeks. She thanked the City for their support of QCTV. Councilmember Shafto thanked QCTV for all of the programming that they put on. He encouraged residents to utilize this service to stay up to date on City matters. Councilmember Engelhardt thanked QCTV for their efforts. He noted some local Boy Scouts are attending tonight’s meeting and may be interested in connecting with QCTV for certain programming. He asked if QCTV has any non-profits or alternate funding mechanisms that residents may be able to help out with. Ms. George shared they have youth programming where youth groups can come out and view a field production. She explained the best way to support QCTV is to view the content and share it with other residents. She added they are looking at diversifying their content for paid content and they are developing a sponsorship program where local people can support QCTV funding. CONSIDER AMENDING PLANNED UNIT DEVELOPMENT (PUD) FOR GREY OAKS, BLOCK 4, LOTS 4-27, RAY & JILL OSTBY (APPLICANT) The City Council is requested to receive the recommendation of the Planning and Zoning Commission, and materials presented as a part of the application, and consider approval of a Regular Andover City Council Meeting Minutes – February 4, 2025 Page 8 Planned Unit Development (PUD) amendment. City Planner Hellegers reviewed the staff report in regard to the requested amendment to the PUD in Grey Oaks. He shared the Planning and Zoning Commission’s recommendation of approval. Mayor Barthel shared he feels it makes sense to move forward as this neighborhood has changed over the years. Councilmember Schue thanked the individuals who brought this forward as it is reasonable and makes sense to do. Councilmember Shafto agreed. Motion by Shafto, Seconded by Engelhardt, to adopt Resolution No. R019-25, approving the Conditional Use Permit/Planning Unit Development amendment requested by Ray and Jill Ostby for Grey Oaks. 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) Ms. Cotton reviewed the Administrative Staff report. She shared they are at eight new home construction permits for the year while a few more are under review. She noted late last week the Chipotle across the street installed their exterior building signage which created some excitement in anticipation of the location opening. She added staff has finalized the application process for the vacant City Council seat. She said the notice of vacancy and the application can be found on the City’s website. She stated the deadline for applications will be Friday, February 14, 2025 at 3:00 p.m. She explained that following the application th deadline, the Council will review these applications on Tuesday, February 18 in a Workshop to determine who they would like to interview with an appointment being made on Tuesday, March th 18. (Public Works/Engineering Department Report) Mr. Berkowitz reviewed the Public Works and Engineering Department report. He shared the ice rinks have been getting a lot of use. He thanked the Parks Staff who maintain these rinks. He noted the Hidden Creek North Park has an ice loop that goes around the baseball field and has become extremely popular and thanked Staff for making this idea of the Park and Recreation Commission happen. He shared there is a bid opening set for th February 20 for the two roundabout projects. He said this project will start in May and they will close the road through this area once school is out for the summer. He noted there were seven street projects listed on the Consent Agenda and they will be having public hearings for these projects coming up. He shared the Andover senior building project finally has the plan reviews and they are working on getting a development contract in place for an April or May start date. Mayor Barthel asked if they will be posting on social media about the Council vacancy. Ms. Cotton shared they do have a plan to publish a notice in the Anoka Union Herald and on social media. She Regular Andover City Council Meeting Minutes – February 4, 2025 Page 9 added they sent out an email to all advisory board members in case any of them are interested or can help spread the word. MAYOR/COUNCIL INPUT Mayor Barthel thanked all of the City’s snowplow drivers for how quickly they responded to the last snow event. ADJOURNMENT Motion by Engelhardt, Seconded by Schue, to adjourn. Motion carried unanimously. The meeting adjourned at 8:38 p.m. Respectfully submitted, Ava Major, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – FEBRUARY 4, 2025 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..................................................................................................1 RESIDENT FORUM ..............................................................................................................1 AGENDA APPROVAL ..........................................................................................................1 APPROVAL OF MINUTES ...................................................................................................1 CONSENT ITEMS .................................................................................................................2 Item 2 Approve Payment of Claims ....................................................................................2 Item 3 Accept Feasibility Report/Order Public Hearing/25-11A/2025 Full Depth Reclamation (Meadows of Round Lake Area) (R010-25) ........................................................2 Item 4 Accept Feasibility Report/Order Public Hearing/25-11B/2025 Full Depth Reclamation (Fox Meadows & Indian Meadows) (R011-25) ...................................................2 Item 5 Accept Feasibility Report/Order Public Hearing/25-11C/2025 Full Depth Reclamation (Pine Hills Addn.) (R012-25) .............................................................................2 Item 6 Accept Feasibility Report/Order Public Hearing/25-11D/2025 Full Depth Reclamation (Andover Commercial Park) (R013-25) ..............................................................2 Item 7 Accept Feasibility Report/Order Public Hearing/25-12A/2025 Mill & Overlay (Tulip stth St. NW - 161 Ave. NW to 168 Ln. NW) (R014-25) .............................................................2 Item 8 Accept Feasibility Report/Order Public Hearing/25-12B/2025 Mill & Overlay nd (Kadlec Addn./Oakwood Estates/White Oaks Country Estates/172 Ave. NW) (R015-25).....2 Item 9 Accept Feasibility Report/Order Public Hearing/25-12C/2025 Mill & Overlay (Country Oaks West & Birch Point Estates) (R016-25) ...........................................................2 Item 10 Accept ACD Natural Resource Improvement Grant/25-21 .......................................2 Item 11 Approve Change Order #1/24-20/Water Treatment Plant Radon Mitigation (R017- 25) ..........................................................................................................................................2 Item 12 Ratify Commission Appointments (Planning & Zoning Commission and Nature Preserve Commission) ............................................................................................................2 Item 13 Consider Resolution Calling for a Public Hearing on the Issuance of Senior Housing and Healthcare Revenue Bonds and Authorizing the Publication of a Notice of Hearing (Andover Senior Campus/J.A. Wedum Foundation Project) (R018-25) ...................................2 Item 14 Schedule Local Board of Appeal & Equalization Meeting ........................................2 Item 15 Consider Approval of Conduit Debt Policy ..............................................................2 Item 12 Ratify Commission Appointments (Park & Recreation Commission) .......................2 NPDES (NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM) PRESENTATION & PUBLIC HEARING/25-1 ..............................................................2 TH HEARING/CONSIDER CLASSIFYING A NUISANCE DOG/2450 177 LANE.................3 QCTV ANNUAL REPORT PRESENTATION .......................................................................6 CONSIDER AMENDING PLANNED UNIT DEVELOPMENT (PUD) FOR GREY OAKS, BLOCK 4, LOTS 4-27, RAY & JILL OSTBY (APPLICANT) (R019-25) .......................7 ADMINISTRATOR’S REPORT .............................................................................................8 MAYOR/COUNCIL INPUT ...................................................................................................9 ADJOURNMENT ...................................................................................................................9