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HomeMy WebLinkAbout2025-07-01 CC REGULAR ANDOVER CITY COUNCIL MEETING – JULY 1, 2025 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Barthel, July 1, 2025, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Rick Engelhardt, Karen Godfrey, 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 Fire Chief, Dennis Jones Natural Resources Technician, Kameron Kytonen Others PLEDGE OF ALLEGIANCE SWEARING-IN CEREMONY FOR NEW FIREFIGHTERS Fire Chief Jones introduced the two new firefighters and gave a brief background on them and their training. Mayor Barthel gave the oath of office to the new firefighters. RESIDENT FORUM Jan Klinsing, 15150 Avocet Street, came forward and shared she is concerned with the home on Bluebird Street that other residents have voiced concerns about at past Council meetings. She said she has not heard back on how this situation will be resolved. She noted the property owner had four more tents delivered today. She showed pictures of the backyard of the property. th Judy Kidder, 1565 150 Lane NW, came forward and shared she has lived in Andover for over 30 years and loves their neighborhood; however, the property on Bluebird Street is negatively affecting her and the neighborhood. She stated she recently spoke to Associate Planner Breen about this situation, and he was very helpful in informing her that regular inspections were taking place at the property. She noted the situation has not yet improved at the property. She added her property value is being diminished by this property. She asked the Council to help the other homeowners in this area protect the investments they have in their homes and do something to solve this Regular Andover City Council Meeting Minutes – July 1, 2025 Page 2 problem. She gave the Council suggestions on ordinance changes that they could make to handle this issue including allowing no more than four cars to be parked at a home on a regular basis, not allowing inside property to be kept or stored outdoors, not allowing any more than two storage sheds per property, not allowing excessive accumulation of items on a property, and doubling code enforcement fines if more than three violations occurs in one calendar year. She also asked that either the Mayor or another Councilmember be a liaison between the City and this neighborhood to keep them informed on the progress being made at the property. She requested a timeline for the actions that are being taken against this property owner. Bill Klinsing, 15150 Avocet Street, came forward and asked the Council to drive by this property on Bluebird Street so they can see the condition first hand as the pictures do not show everything. th Chris Leitschuh, 1548 149 Lane NW, came forward and shared the garage of the home on Bluebird Street was open today and his son, who is a firefighter, saw it and said that if there were a fire or some other kind of emergency, first responders would struggle to get into the home based on the condition of the garage. He noted something needs to change at this property for the safety of the property owner, neighbors, and any first responders who may need to respond to this home. He said this situation has continued to get worse over the last ten years. He added trailers come in and drop things off a few times a week, and nothing ever is taken away from the property. AGENDA APPROVAL Mayor Barthel noted the supplemental information received: Item #2B – Consider Appeal for Hazardous Tree Nuisance Motion by Godfrey, Seconded by Engelhardt, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES June 17, 2025, Regular Meeting: Correct as written. Motion by Shafto, Seconded by Schue, to approve the June 17, 2025, Regular meeting minutes as presented. Motion carried unanimously. 1. CONSENT ITEMS A. Approve Payment of Claims B. Award Bid/25-11A, 2025 Full Depth Reclamation (Meadows of Round Lake Area) & 25- 8, 2025 Sidewalk Repairs (See Resolution R062-25) C. Approve Lakeview at Sloth Farm Final Plat (See Resolution R063-25) D. Accept ACD Natural Resource Improvement Grant/Crooked Lake Rain Garden Planting E. Consider Resolution to Amend the Joint Powers Agreement with North Metro Mayors Association (See Resolution R064-25) Regular Andover City Council Meeting Minutes – July 1, 2025 Page 3 F. Approve Change Order #1/25-12B/2025 Full Depth Reclamation (Kadlec Addition, nd Oakwoods Estates, White Oaks Country Estates, 172 Ave.) (See Resolution R065-25) G. Approve Ordinance Amendment/City Code Title 5, Chapter 10 (Ordinance 577) Motion by Shafto, Seconded by Godfrey, to approve of the Consent Agenda as read. Motion carried unanimously. 2. DISCUSSION ITEMS A. PUBLIC HEARING: CONSIDER RESOLUTION GIVING HOST APPROVAL AND CONSENTING TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE NOTE BY THE CITY OF HUGO (LEGACY CHRISTIAN ACADEMY) The City Council is requested to conduct a public hearing regarding the proposed issuance of a Revenue note by the City of Hugo, and following the hearing, to consider a resolution providing host approval and consent to the issuance. City Administrator Cotton reviewed the Staff report in regard to the request for host approval of an educational facility revenue note by the City of Hugo. Mayor Barthel asked if Legacy Christian Academy was to default on this loan, if the City would be on the hook for anything. Ms. Cotton said no. Motion by Schue, Seconded by Engelhardt, to open the public hearing at 7:27 p.m. Motion carried unanimously. No one came forward to address the Council. Motion by Engelhardt, Seconded by Godfrey, to close the public hearing at 7:28 p.m. Motion carried unanimously. Motion by Schue, Seconded by Engelhardt, to adopt Resolution No. R066-25, giving host approval and consenting to the issuance of educational facilities revenue note, Series 2025, under Minnesota Statutes, Section 469.152 through 469.165 (Legacy Christian Academy). Motion carried unanimously. TH B. CONSIDER APPEAL OF HAZARDOUS TREE NUISANCE - 2627 167 LANE NW The City Council is requested to consider the appeal of a hazardous tree and the associated abatement protocol. Natural Resources Technician Kytonen reviewed the Staff report concerning the appeal for a hazardous tree nuisance. Regular Andover City Council Meeting Minutes – July 1, 2025 Page 4 Councilmember Godfrey asked if they had discussed the removal of this tree with the property owner. Mr. Kytonen said they did not get to the point of discussing options before part of the tree broke off. Councilmember Godfrey asked if the remaining portion of the tree is healthy enough to be kept. Mr. Kytonen said there would just be a trunk left, so the tree would no longer be considered a nuisance. Councilmember Schue asked if the appeal was received within the appeal timeline. Mr. Kytonen th shared the original letter to the property owner was mailed on June 17, and they anticipated the th letter to be received on June 20. He explained the appeal was made 10 days later, which is within the appeal timeline. th Pat Gillesby, 2627 167 Lane NW, came forward and shared they received the letter mentioned th by Mr. Kytonen on June 20. She shared she reached out that day and was told Mr. Kytonen was out of the office. She said in the letter they received; they were not informed that there was a limb hanging off the tree. She stated they do not dispute that this tree is on their property. She shared they have done their own research, and they do not feel as though there was sufficient evidence provided that would make them responsible for this tree. She noted there is no sign of damage or disease on the original tree. She stated this was a healthy tree and would not have snapped if an outside force, like a weather event, acted on it. She added the neighbor had the option to cut the limbs off of this tree that were hanging onto their property. She said they feel that the burden should not be placed on them to clean up this tree, as they were not fully informed of the situation. City Attorney Baumgartner asked Ms. Gillesby if she had contacted the City after a notice was left th on her door on June 4. Ms. Gillesby shared they received the notice and thought it was junk mail as it did not have the City’s logo on it. Mr. Baumgartner noted the notice had all of the information from the City, including City Hall address, phone number, and inspector’s name, and she should have contacted the City to see if it was legitimate before making an incorrect assumption. He discussed Ms. Gillesby’s point about neighbors being able to trim limbs off of trees if they are on their property and noted this was not a limb, and if the neighbors wanted to trim the tree, they would have had to trespass on Ms. Gillesby’s property. Ms. Gillesby asked why the photo of the broken tree was not provided to them. Mayor Barthel th stated if Ms. Gillesby had contacted the City after receiving the notice on June 4, then she would have received this photo. He said they did not have any contact information for her at this point to send her this photo. th Ms. Gillesby asked why it was not included in the packet she received on June 20. Mayor Barthel said the second notice was after the tree had already fallen. Mr. Baumgartner explained the original notice for the tree being broken at a 90-degree angle Regular Andover City Council Meeting Minutes – July 1, 2025 Page 5 constituted it as a hazardous tree, and after it fell, it was in another nuisance condition. Councilmember Schue asked if the neighbor’s shed had been damaged. Director of Public Works/City Engineer Berkowitz shared the shed has been slightly damaged. Mr. Baumgartner shared he reviewed the City Code in regard to this issue and explained that all actions taken by the City fell within the necessary protocol for the nuisance process. Motion by Godfrey, Seconded by Engelhardt, to affirm the declaration of a hazardous tree made by Natural Resources Technician Kameron Kytonen. Further discussion: Councilmember Godfrey shared she knows how much people love trees, especially in this area of the City; however, they need to look to and consider the safety of all neighbors within the community. She added they have a professional, like Mr. Kytonen involved in making these kinds of decisions. Mayor Barthel noted there is a process for everything that is done in the City. He said the City initiated this process with the property owner, and because they were not given a call back, things changed. He stated they always ask the residents to work with Council and Staff on these kinds of items. Motion carried unanimously. 3. STAFF ITEMS 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 have issued 54 residential home permits so far for the year. She added commercial and residential inspection activity has been high in volume. She noted Staff is responding to an above- average number of code enforcement complaints. She asked residents to remain patient as Staff addresses these complaints. She shared the City secured funding through the legislative session to address groundwater contamination issues in the western portion of the Red Oaks neighborhood. th She noted the 29 Annual Andover Family Fun Fest is coming up and shared that a schedule of events can be found in the newsletter or website, AndoverFamilyFunFest.com. She added parking will be limited for the event, given the amount of construction activity that is ongoing. She encouraged residents to arrive early and be patient when looking for parking. (Public Works/Engineering Department Report) Mr. Berkowitz reviewed the Public Works and Regular Andover City Council Meeting Minutes – July 1, 2025 Page 6 Engineering department report. He shared they received notice from the DNR late last week that they received a $300,000 grant for the Kelsey Round Lake Park trail replacement. He added the Public Works Staff have been busy prepping for the Andover Family Fun Fest. MAYOR/COUNCIL INPUT Mayor Barthel shared the Andover Family Fun Fest is actually run by a private group of citizens rather than the City. He said this group does an amazing job and encouraged residents who are interested to join the group. He wished everyone a safe and happy Fourth of July. ADJOURNMENT Motion by Shafto, Seconded by Schue, to adjourn. Motion carried unanimously. The meeting adjourned at 8:05 p.m. Respectfully submitted, Ava Major, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – JULY 1, 2025 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..................................................................................................1 SWEARING-IN CEREMONY FOR NEW FIREFIGHTERS ..................................................1 RESIDENT FORUM ..............................................................................................................1 AGENDA APPROVAL ..........................................................................................................2 APPROVAL OF MINUTES ...................................................................................................2 1. CONSENT ITEMS ..........................................................................................................2 A. Approve Payment of Claims ........................................................................................2 B. Award Bid/25-11A, 2025 Full Depth Reclamation (Meadows of Round Lake Area) & 25-8, 2025 Sidewalk Repairs (R062-25) ......................................................................................2 C. Approve Lakeview at Sloth Farm Final Plat (R063-25) ................................................2 D Accept ACD Natural Resource Improvement Grant/Crooked Lake Rain Garden Planting ..................................................................................................................................2 E. Consider Resolution to Amend the Joint Powers Agreement with North Metor Mayors Association (R064-25) ............................................................................................................2 F. Approve Change Order #1/25-12B/2025 Full Depth Reclamation (Kadlec Addition, nd Oakwoods Estates, White Oaks Country Estates, 172 Ave.) (R065-25 ..................................2 G. Approve Ordinance Amendment/City Code Title 5, Chapter 10 (Ord. 577) ..................2 2. DISCUSSION ITEMS ...............................................................................................3 A. PUBLIC HEARING: CONSIDER RESOLUTION GIVING HOST APPROVAL AND CONSENTING TO THE ISSUANCE OF EDUCATIONAL FACILITIES REVENUE NOTE BY THE CITY OF HUGO (LEGACY CHRISTIAN ACADEMY) (R066-25) .....3 TH B. CONSIDER APPEAL OF HAZARDOUS TREE NUISANCE - 2627 167 LANE NW . ..................................................................................................................................3 3. STAFF ITEMS ................................................................................................................5 ADMINISTRATOR’S REPORT .............................................................................................5 MAYOR/COUNCIL INPUT ...................................................................................................6 ADJOURNMENT ...................................................................................................................6