The URL can be used to link to this page

Home My WebLink About2025-04-01 CC REGULAR ANDOVER CITY COUNCIL MEETING – APRIL 1, 2025 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Barthel, April 1, 2025, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Rick Engelhardt, Karen Godfrey, and Jonathan Shafto Councilmember absent: Scott Schue Also present: City Administrator, Sarah Cotton Director of Public Works/City Engineer, David Berkowitz Community Development Director, Joe Janish City Attorney, Scott Baumgartner Associate Planner, Aidan Breen Others PLEDGE OF ALLEGIANCE RESIDENT FORUM nd Bev Hinkle, 1410 152 Lane, came forward with concerns about a property in her area that is in disarray for the last 10 years. She handed out a copy of the ordinance that she believes applies to this situation. She said she and many others have complained about the state of this yard. She asked how she will find out how the City will respond to this. Mayor Barthel shared he would like to speak with City Attorney Baumgartner and learn more about this property before they decide how they will address it. Nicole Johnson, 14218 Holly Street NW, came forward and asked the Council to reconsider project 22-43, the path along Coon Creek. She explained this path has a variety of wildlife that currently inhabit where the path would go. She shared her fears that this path would push out the wildlife in the area. She added the proximity of this path to her house is only 40 feet. She noted she has many concerns with this trail being so close to her home, including unwanted guests and possible insurance fraud. She added while they could get a grant to cover some of the costs of this project, it is still projected to cost an additional $600,000. She invited the Council out to her property to see how close this path would be to her home. AGENDA APPROVAL Regular Andover City Council Meeting Minutes – April 1, 2025 Page 2 Motion by Engelhardt, Seconded by Shafto, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES March 18, 2025, Regular Meeting: Correct as written. Motion by Engelhardt, Seconded by Godfrey, to approve the March 18, 2025, Regular meeting minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Bid/23-18, Nightingale St. NW & Crosstown Blvd. NW Roundabout & 23-19, Nightingale St. NW & Veterans Memorial Blvd. NW Roundabout (See Resolution R035-25) Item 4 Approve Cost Sharing Agreement for Maintenance of Storm Water Basin 1/J.A. Wedum (Andover Senior Complex)/23-43 Item 5 Award City Contract for Ash Injections/25-28 EAB Management Program ndrd Item 6 Approve Declaration of Encroachment ROW of Fields of Winslow Cove 2 and 3 Additions Item 7 Order Improvement/Order Plans & Specs/25-27/Sunshine Park South Parking Lot Mill & Overlay (See Resolution R036-25) Item 8 Approve Used Vehicle Sales License Item 9 Approve Resolution Accepting Contribution from Andover Football Association (See Resolution R037-25) Motion by Shafto, Seconded by Engelhardt, to approve of the Consent Agenda as read. Motion carried unanimously. CONSIDER RESOLUTION APPROVING THE ISSUANCE AND SALE OF A SENIOR HOUSING AND HEALTHCARE REVENUE NOTE, SERIES 2025 (WEDUM ANDOVER PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO The City Council is requested to consider approval of the resolution authorizing issuance and sale of a Senior Housing and Healthcare Revenue Note, Series 2025 (Wedum Andover Project), and authorizing the execution of documents relating thereto. City Administrator Cotton reviewed the staff report in regard to the request to issue and sell a Senior Housing and Healthcare Revenue Note, Series 2025 (Wedum Andover Project). Councilmember Shafto noted the City will have no financial obligation to this bond and it would not have any impact on their credit rating. He said he is in favor of this as he sees it as beneficial to all parties. Regular Andover City Council Meeting Minutes – April 1, 2025 Page 3 Mayor Barthel reiterated that if J.A. Wedum defaults on this loan, the City would have no obligation to pay it back. Motion by Godfrey, Seconded by Shafto, to adopt Resolution No. R038-25, approving the issuance and sale of a Senior Housing and Healthcare Revenue Note, Series 2025 (Wedum Andover Project), and authorizing the execution of documents relating thereto. Motion carried unanimously. CONSIDER A VARIANCE FOR COMMERCIAL BUILDING CONSTRUCTION ND STANDARDS - 3149 162 LN NW; PID# 16-32-24-23-0009 - NICK MORTER, MINNESOTA IRRIGATION/LANDSCAPES UNLIMITED OUTDOORS INC. (APPLICANT) The City Council is requested to review and consider the Planning and Zoning Commission’s recommendation and approve or deny the variance. nd Associate Planner Breen reviewed the staff report concerning the variance request at 3149 162 Lane NW. He shared the Planning and Zoning Commission’s recommendation of denial. Councilmember Godfrey noted there were comments about an attempt to screen some of the view from Round Lake Boulevard; however, there was nothing about screening the view from the neighbor that would face the backside of this building. Mr. Breen noted this property is not very visible to the property on the back due to an elevation change. Nick Morter, 3060 Shadow Ridge Drive, Rockford, the applicant, came forward and shared they are looking to build a cold storage building to house equipment and materials to clean up the yard of this property and be a good neighbor. He added theft has not been an issue in the past; however, they would like to make sure their items are put away. He shared someone at the Planning and Zoning Commission meeting shared concerns with them turning this building into an office building. He noted this is not their intent for the building and they just want to clean up their property. He added they are wanting to have this building be as aesthetically pleasing as the main building and are attempting to match the same colors. He shared they have spoken to their neighbor to the north and the properties are already screened off from each other and there are no concerns from this neighbor. He explained they are trying to do the right thing to clean up their property to make it look nicer given that it is at a busy corner of the City. Councilmember Godfrey noted in order to approve this variance they would need to see practical difficulties beyond economic consideration. She asked what warrants this need. Mr. Morter explained the economics do provide for some of their consideration; however, their hardship is that building codes have changed considerably since the last time the Code was revised in 2003. He stated steel has many advantages over wood or masonry construction. Councilmember Engelhardt shared his appreciation for the applicant wanting to clean up this property for a better look. He noted the Code is there for a reason as variances can cause problems. He asked that staff review the Code for a potential update in regard to some of the building Regular Andover City Council Meeting Minutes – April 1, 2025 Page 4 materials it mentions. Mr. Morter stated he understands why the Code is in place; however, the Council has the opportunity to grant a variance when there is a particular need. He said he has no obligation to build this building, but they want to in order to clean up their property. Councilmember Shafto explained when he read through this information, he asked why steel buildings are not allowed. He said he would like to review this area of the Code to determine if steel buildings should be allowed. Mayor Barthel agreed with his fellow Councilmembers. He stated this business gets the benefit of being on one of the busiest roads in the City. He noted just because the Code has not been changed since 2003 does not mean it has not been looked at since then. He said he would like to see the Code followed in this situation due to its location. Motion by Engelhardt, Seconded by Godfrey, to adopt Resolution No. R039-25, denying a nd variance for the property located at 3149 162 Lane NW; PID# 16-32-24-23-0009. Motion carried unanimously. CONSIDER INTERIM USE PERMIT (IUP) REQUEST - MINING & LAND RECLAMATION - 16XXX TULIP STREET NW; PID# 08-32-24-34-0001 - DERRICK WHITING (APPLICANT) The City Council is requested to review and consider the Planning and Zoning Commission’s recommendation of approval and approve or deny the interim use permit request. Mr. Breen reviewed the staff report in regard to the Interim Use Permit (IUP) request for a lot split on Tulip Street. He shared the Planning and Zoning Commission’s recommendation of approval. Mayor Barthel asked if they normally grant two-year IUPs or if this is longer than usual. Mr. Breen shared they have done longer IUPs in the past, as five years is the maximum length of time allowed. Community Development Director Janish explained a two-year IUP gives the applicant another winter to get the work done if they are not able to finish this year. Mayor Barthel asked if staff is agreeable to a two-year IUP. Mr. Breen said yes and explained the applicant requested a one-year IUP, but staff recommended two years to give them additional time if needed. Councilmember Shafto noted this is a well-thought-out plan, and he is glad to see its low impact on the wetlands. Motion by Shafto, Seconded by Godfrey, to adopt Resolution No. R040-25, granting an Interim Use Permit for mining and land reclamation at PID# 08-32-24-0001. Regular Andover City Council Meeting Minutes – April 1, 2025 Page 5 Further discussion: Mayor Barthel thanked the applicant for making these two parcels of 20 acres each rather than multiple smaller parcels. Motion carried unanimously. CONSIDER A PLANNED UNIT DEVELOPMENT (PUD) OF A RESIDENTIAL SUBDIVISION ON THE UNADDRESSED PROPERTY AT 16XXX WARD LAKE DRIVE NW; PID# 11-32-24-41-0003 - SW WOLD CONSTRUCTION INC. (APPLICANT) The City Council is requested to consider the Planning and Zoning Commission's recommendation of approval of the Planned Unit Development (PUD). Mr. Janish reviewed the staff report concerning the PUD request for the unaddressed property at 16xxx Ward Lake Drive. He shared the Planning and Zoning Commission’s recommendation of approval. Councilmember Godfrey asked if there are any safety impacts with the excessive length of this street. Mr. Janish noted the Fire Department did not have any concerns with the length of the street. Councilmember Godfrey asked if there will be any challenges clearing snow through the right-of- way. Mr. Janish said no and noted there will be a 20-foot drainage and utility easement. Motion by Engelhardt, Seconded by Godfrey, to adopt Resolution No. R041-25, approving the Planned Unit Development requested by SW Wold Construction Inc., as shown as Hartmans Meadows Plan dated 2/4/2025. Further discussion: Mayor Barthel noted when this project first came before the Council, there were over 20 lots proposed. He shared his appreciation for the applicant bringing this number down to fit better within the City. Motion carried unanimously. CONSIDER REGULATION OF ADULT-USE CANNABIS BUSINESS OPERATIONS ORDINANCE The City Council is requested to approve City Code Title 3, Chapter 11 Regulation of Adult-Use Cannabis Business Operations, ordinance publication summary, ordinance amendment to the Fee Schedule and Multiple Applicant Selection Process. Ms. Cotton reviewed the staff report in regard to the regulation of adult-use cannabis business Regular Andover City Council Meeting Minutes – April 1, 2025 Page 6 operations. Mayor Barthel noted this is a topic the Council takes very seriously. He said they have discussed this in depth with Staff and legal counsel at Workshop meetings. City Attorney Baumgartner shared this ordinance is the City’s opportunity to have some control. He said if they were to do nothing, they would not have any local control over adult-use cannabis businesses. Motion by Engelhardt, Seconded by Shafto, to adopt Ordinance No. 573, ordaining City Code Title 3, Chapter 11: Regulation of Adult-use Cannabis Business Operations, Ordinance No. 574 amendment to the Fee Schedule and the Multiple Applicant Selection Process. Motion carried unanimously. CONSIDER CITY CODE AMENDMENT - CITY CODE 12-2 ADDING DEFINITION OF ‘CANNABIS RETAIL BUSINESS” & CITY CODE 12-11: COMMERCIAL/INDUSTRIAL PERMITTED ACCESSORY, CONDITIONAL, INTERIM, AND PROHIBITED USES - “CANNABIS RETAIL BUSINESS” - CITY OF ANDOVER (APPLICANT) The City Council is requested to consider the Planning and Zoning Commission's recommendation of approval. Mr. Janish reviewed the staff report concerning the City Code amendments to add cannabis businesses to the Code. He shared the Planning and Zoning Commission’s recommendation of approval. Motion by Godfrey, Seconded by Shafto, to adopt Ordinance No. 575, amending City Code Title 12: Regulations and Chapter 2: Rules and Definitions and City Code 12-11. Motion carried unanimously. CONSIDER CONDITIONAL USE PERMIT (CUP) REQUEST - ACCESSORY DWELLING TH UNIT (ADU) - 4020 160 LANE NW; PID# 18-32-24-41-0010 - ANDREW MEISTER (APPLICANT) The City Council is requested to receive the recommendation of the Planning and Zoning Commission, and materials presented as part of the application and consider approval of the proposed Conditional Use Permit (CUP) for an Accessory Dwelling Unit (ADU) to be located on th the property at 4020 160 Lane NW. Mr. Janish reviewed the staff report concerning the CUP request for an accessory dwelling unit at th 4020 160 Lane NW. He shared the Planning and Zoning Commission’s recommendation of approval. Motion by Shafto, Seconded by Godfrey, to adopt Resolution No. R042-25, approving the Regular Andover City Council Meeting Minutes – April 1, 2025 Page 7 th Conditional Use Permit request for an accessory dwelling unit, located at 4020 160 Lane NW. 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. (Public Works/Engineering Department Report) Mr. Berkowitz reviewed the Public Works and Engineering Department report. He discussed the trail segment that Ms. Johnson had mentioned this evening during Resident Forum. He shared that an informational meeting was held last Wednesday to those who would be directly impacted by this path. He said they are looking at moving this project forward and will be looking at a procurement process to start the pedestrian bridge. He added there has been some activity at the J.A. Wedum site and the project will become fully active in the next few weeks. He shared there will be a roundabout constructed with this project that they will be requesting proposals on soon. He explained the contract for the roundabouts at Veterans Memorial Boulevard and Nightingale Street, and Crosstown Boulevard and Nightingale Street were awarded to Forest Lake Contracting. He stated they have already swept about 75% of the City’s streets already. He noted the trail segment from Bluebird Street to Hanson Boulevard will be significantly reconstructed. He said they are looking forward to a very active construction season. Councilmember Godfrey asked when they would be lifting the road weight limits. Mr. Berkowitz shared this is set by the State and he would anticipate it would be the end of April or early May. (Community Development Department Report) Mr. Janish reviewed the Community Development Department report. He shared that there have been a number of bills introduced related to local government control and encouraged residents to look into these bills and share any concerns with their State officials. MAYOR/COUNCIL INPUT Councilmember Engelhardt congratulated Legacy Christian School for hosting their youth fundraising carnival, which raised almost $2,000 for Hope for Youth. ADJOURNMENT Motion by Shafto, Seconded by Godfrey, to adjourn. Motion carried unanimously. The meeting adjourned at 8:27 p.m. Respectfully submitted, Ava Major, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – APRIL 1, 2025 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..................................................................................................1 RESIDENT FORUM ..............................................................................................................1 AGENDA APPROVAL ..........................................................................................................1 APPROVAL OF MINUTES ...................................................................................................2 CONSENT ITEMS .................................................................................................................2 Item 2 Approve Payment of Claims ....................................................................................2 Item 3 Award Bid/23-18, Nightingale St. NW & Crosstown Blvd. NW Roundabout & 23- 19, Nightingale St. NW & Veterans Memorial Blvd. NW Roundabout (R035-25)...................2 Item 4 Approve Cost Sharing Agreement for Maintenance of Storm Water Basin 1/J.A. Wedum (Andover Senior Complex)/23-43 ..............................................................................2 Item 5 Award City Contract for Ash Injections/25-28 EAB Management Program .............2 ndrd Item 6 Approve Declaration of Encroachment ROW of Fields of Winslow Cove 2 and 3 Additions ................................................................................................................................2 Item 7 Order Improvement/Order Plans & Specs/25-27/Sunshine Park South Parking Lot Mill & Overlay (R036-25) ......................................................................................................2 Item 8 Approve Used Vehicle Sales License .......................................................................2 Item 9 Approve Resolution Accepting Contribution from Andover Football Association (R037-25) ...............................................................................................................................2 CONSIDER RESOLUTION APPROVING THE ISSUANCE AND SALE OF A SENIOR HOUSING AND HEALTHCARE REVENUE NOTE, SERIES 2025 (WEDUM ANDOVER PROJECT) AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (R038-25) .................................................................................2 CONSIDER A VARIANCE FOR COMMERCIAL BUILDING CONSTRUCTION ND STANDARDS - 3149 162 LN NW; PID# 16-32-24-23-0009 - NICK MORTER, MINNESOTA IRRIGATION/LANDSCAPES UNLIMITED OUTDOORS INC. (APPLICANT) (R039-25) ...............................................................................................3 CONSIDER INTERIM USE PERMIT (IUP) REQUEST - MINING & LAND RECLAMATION - 16XXX TULIP STREET NW; PID# 08-32-24-34-0001 - DERRICK WHITING (APPLICANT) (R040-25) .............................................................................4 CONSIDER A PLANNED UNIT DEVELOPMENT (PUD) OF A RESIDENTIAL SUBDIVISION ON THE UNADDRESSED PROPERTY AT 16XXX WARD LAKE DRIVE NW; PID# 11-32-24-41-0003 - SW WOLD CONSTRUCTION INC. (APPLICANT) (R041-25) ...............................................................................................5 CONSIDER REGULATION OF ADULT-USE CANNABIS BUSINESS OPERATIONS ORDINANCE (Ord. 573 and Ord. 574) ...........................................................................5 CONSIDER CITY CODE AMENDMENT - CITY CODE 12-2 ADDING DEFINITION OF ‘CANNABIS RETAIL BUSINESS” & CITY CODE 12-11: COMMERCIAL/INDUSTRIAL PERMITTED ACCESSORY, CONDITIONAL, INTERIM, AND PROHIBITED USES - “CANNABIS RETAIL BUSINESS” - CITY OF ANDOVER (APPLICANT) (Ord. 575) .....................................................................6 CONSIDER CONDITIONAL USE PERMIT (CUP) REQUEST - ACCESSORY TH DWELLING UNIT (ADU) - 4020 160 LANE NW; PID# 18-32-24-41-0010 - ANDREW MEISTER (APPLICANT) (R042-25) ............................................................6 Regular Andover City Council Meeting Minutes – April 1, 2025 Page 9 ADMINISTRATOR’S REPORT .............................................................................................7 MAYOR/COUNCIL INPUT ...................................................................................................7 ADJOURNMENT ...................................................................................................................7