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HomeMy WebLinkAbout2025-11-03 CC REGULAR ANDOVER CITY COUNCIL MEETING – NOVEMBER 3, 2025 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Barthel, November 3, 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 Community Development Director, Joe Janish City Attorney, Scott Baumgartner Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL Mayor Barthel noted the supplemental information received: Item #1E – Approve Abatement at 13718 and 13724 Xavis Street NW Motion by Godfrey, Seconded by Schue, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES October 21, 2025, Regular Meeting: Correct as written. Motion by Engelhardt, Seconded by Shafto, to approve the October 21, 2025, Regular meeting minutes as presented. Motion carried unanimously. 1. CONSENT ITEMS A. Approve Payment of Claims B. Accept Grant/CCWD/26-02D/2026 Street Reconstruction (Nightingale Regular Andover City Council Meeting Minutes – November 3, 2025 Page 2 Preserve/Wittington Ridge/Nightingale Estates 1st – 3rd Additions) C. Approve Grant Agreement – Construction Grant with MPCA for Red Oaks Monitoring Area/25-39B D. Approve Change Order #2/23-18, Nightingale Street NW & Crosstown Boulevard NW Roundabout & 23-19, Nightingale Street NW & Veterans Memorial Boulevard NW Roundabout (Resolution No. R112-25) E. Approve Abatement at 13718 and 13724 Xavis Street NW Motion by Schue, Seconded by Engelhardt, to approve the Consent Agenda as read. Motion carried unanimously. 2. DISCUSSION ITEMS A. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-02A/2-2025 STREET RECONSTRUCTION (XENIA STREET NW/VINTAGE STREET NW/161ST AVENUE NW) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-2A, 2025 Street Reconstruction: Xenia Street NW, Vintage Street NW & 161st Avenue NW. Director of Public Works/City Engineer Berkowitz reviewed the Staff report in regard to the 2025 street reconstruction project on Xenia Street NW, Vintage Street NW, and 161st Avenue NW. Councilmember Shafto asked how residents can pay their assessment early if they so choose. Mr. Berkowitz explained that they would have to come to City Hall and work with City Clerk Hartner to make their assessment payment. Mayor Barthel opened the public hearing at 7:07 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 7:08 p.m. Councilmember Shafto shared that he lives in this project area. He noted that he spoke to City Attorney Baumgartner, and he was told that this is not an excluding conflict of interest, so he will be voting on this item. Motion by Schue, Seconded by Engelhardt, to adopt Resolution No. R113-25 adopting the assessment roll for the improvement of project No. 25-2A, 2025 Street Reconstruction: Xenia Street NW, Vintage Street NW & 161st Avenue NW. Motion carried unanimously. B. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-02B/2-2025 STREET Regular Andover City Council Meeting Minutes – November 3, 2025 Page 3 RECONSTRUCTION (INDIAN MEADOWS 5TH ADDITION) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-2B, 2025 Street Reconstruction: Indian Meadows 5th Addition. Mr. Berkowitz reviewed the Staff report concerning the 2025 street reconstruction project in Indian Meadows 5th Addition. Mayor Barthel asked about the process for a resident who wants to pay off their remaining assessment balance after a few years to avoid any further interest. Mr. Berkowitz shared that if a resident wants to pay off their balance in any future years, they would come to City Hall to make the payment, preferably sometime before November 1 of the year, so that they avoid the interest charge for the following year. Councilmember Engelhardt asked if this project includes any other improvements to Kesley Round Lake Park other than the curb. Mr. Berkowitz said no. Mayor Barthel opened the public hearing at 7:14 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 7:15 p.m. Motion by Shafto, Seconded by Schue, to adopt Resolution No. R114-25 adopting the assessment roll for the improvement of project No. 25-2B, 2025 Street Reconstruction: Indian Meadows 5th Addition. Motion carried unanimously. C. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11B/2025 FULL DEPTH RECLAMATION (INDIAN MEADOWS AND FOX MEADOWS) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-11B, 2025 Full Depth Reclamation: Indian Meadows & Fox Meadows. Mr. Berkowitz reviewed the Staff report in regard to the 2025 full-depth reclamation project in Indian Meadows and Fox Meadows. Mayor Barthel opened the public hearing at 7:19 p.m. Randy Richards, 15593 Inca Circle NW, came forward and shared that he and a neighbor of his were not happy with how some of the grading work was done in this neighborhood. He shared that they reached out to engineering and the inspector and received an immediate response, which was very kind and respectful. He noted that the end result was very attractive and thanked staff for their Regular Andover City Council Meeting Minutes – November 3, 2025 Page 4 work. Mayor Barthel closed the public hearing at 7:21 p.m. Motion by Engelhardt, Seconded by Godfrey, to adopt Resolution No. R115-25 adopting the assessment roll for the improvement of project No. 25-11B, 2025 Full Depth Reclamation: Indian Meadows and Fox Meadows. Motion carried unanimously. D. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11C/2025 FULL DEPTH RECLAMATION (PINE HILLS ADDITION) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-11C, 2025 Full Depth Reclamation: Pine Hills Addition. Mr. Berkowitz reviewed the Staff report concerning the 2025 full-depth reclamation project in Pine Hills Addition. Mayor Barthel opened the public hearing at 7:24 p.m. Dennis Knudtson, 3162 169th Lane NW, came forward and asked if all of this evening’s presentations are available on the City’s website. Mr. Berkowitz said yes and added that he would also be able to provide copies of the presentation upon request. Mayor Barthel closed the public hearing at 7:26 p.m. Motion by Engelhardt, Seconded by Godfrey, to adopt Resolution No. R116-25 adopting the assessment roll for the improvement of project No. 25-11C, 2025 Full Depth Reclamation: Pine Hills Addition. Motion carried unanimously. E. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11D/2025 FULL DEPTH RECLAMATION (ANDOVER COMMERCIAL PARK/SAP 198-150-001) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-11D, 2025 Full Depth Reclamation: Andover Commercial Park/SAP 198-150-001. Mr. Berkowitz reviewed the Staff report in regard to the 2025 full-depth reclamation project in the Andover Commercial Park. Mayor Barthel opened the public hearing at 7:31 p.m. Regular Andover City Council Meeting Minutes – November 3, 2025 Page 5 No one came forward to address the Council. Mayor Barthel closed the public hearing at 7:32 p.m. Motion by Godfrey, Seconded by Shafto, to adopt Resolution No. R117-25 adopting the assessment roll for the improvement of project No. 25-11D, 2025 Full Depth Reclamation: Andover Commercial Park. Motion carried unanimously. F. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12A/2025 MILL & OVERLAY (TULIP STREET NW/161ST AVENUE NW TO 168TH LANE NW/SAP198-105-006) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-12A, 2025 Mill & Overlay: Tulip Street NW/161st Avenue NW to 168th Lane NW/SAP 198-105-006. He shared that four properties have reached out to the City for an agricultural deferral. Mr. Berkowitz reviewed the Staff report concerning the 2025 mill and overlay project on Tulip Street NW and 161st Avenue NW to 168th Lane NW. Mayor Barthel opened the public hearing at 7:36 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 7:37 p.m. Motion by Schue, Seconded by Shafto, to adopt Resolution No. R118-25 adopting the assessment roll for the improvement of project No. 25-12A, 2025 Mill and Overlay: Tulip Street NW and 161st Avenue NW to 168th Lane NW. Motion carried unanimously. G. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12B/2025 MILL & OVERLAY (KADLEC ADDITION/OAKWOOD ESTATES/WHITE OAKS COUNTRY/172ND AVENUE NW) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-12B, 2025 Mill & Overlay: Kadlec Addition/Oakwood Estates/White Oaks Country/172nd Avenue NW. Mr. Berkowitz reviewed the Staff report in regard to the 2025 mill and overlay project in Kadlec Addition, Oakwood Estates, White Oaks Country, and on 172nd Avenue NW. Regular Andover City Council Meeting Minutes – November 3, 2025 Page 6 Mayor Barthel opened the public hearing at 7:39 p.m. Mary Jo Loftus, 13233 Lily Street NW, Coon Rapids, came forward and shared that she owns 20 acres of this project area. She requested an exemption or a deferment for this since this land is not yet developed and is still being farmed. She shared that she is the sole owner of this property, and paying the assessment amount on an undeveloped property would be difficult. She noted that Mr. Berkowitz has been very helpful to work with on her questions. Mayor Barthel closed the public hearing at 7:42 p.m. Mayor Barthel asked about the deferment process for these kinds of assessments that they have followed in the past. Mr. Berkowitz explained that, since this is a non-agricultural property, they could put this assessment on an escalator based on the life of the road. He noted that when they get to half of the life of the road, this would start to decline. He said if this property were to be sold or subdivided, the new owner would need to pay the assessment amount that was left on the escalator. Councilmember Godfrey asked why this is considered a non-agricultural property when the property owner shared that there is currently farming taking place on the property. Mr. Berkowitz shared that he believes this property did not meet the agricultural requirements of the County due to its acreage. Ms. Loftus shared that this property was grandfathered in as a farming property; however, it does not meet the requirement of having 10 tillable acres to be an agricultural property. Mayor Barthel asked how a future owner of this property would pay the assessment. Mr. Berkowitz said it depends on how the Council wants to add this to the resolution. Councilmember Schue asked if there is an impact on the other assessment amounts if this property is deferred. Mr. Berkowitz said there would be no impact on the other property owners as the City would absorb these costs. Councilmember Shafto said he is comfortable with the deferment, and the assessment would not come due until the property is sold or subdivided. The other Councilmembers agreed. Mayor Barthel stated he would like to see this deferment, with the assessment only coming due if the property is subdivided rather than sold. He noted that if the property owner wanted to sell this property to a neighbor who would be keeping it the same, he would not like to see the property be assessed at that time, as all access to the property is off of Round Lake Boulevard. Councilmember Shafto agreed that the assessment should only be attached to the subdivision of the lot and not the sale. Motion by Shafto, Seconded by Engelhardt, to defer the assessment for 17131 Round Lake Boulevard and only charge the assessment upon the subdivision of the property. Regular Andover City Council Meeting Minutes – November 3, 2025 Page 7 Further discussion: Councilmember Godfrey shared that she would like this to be adopted into policy if another situation like this occurs in the future, so they can remain consistent. Councilmember Schue noted that part of this consistency in the future will also have to do with listening to the property owner, as each of these cases will be unique. Motion carried unanimously. Motion by Engelhardt, Seconded by Shafto, to adopt Resolution No. R119-25 adopting the assessment roll for the improvement of project No. 25-12B, 2025 Mill and Overlay: Kadlec Addition, Oakwood Estates, White Oaks Country, and 172nd Avenue NW. Motion carried unanimously. H. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12C/2025 MILL & OVERLAY (COUNTRY OAKS WEST & BIRCH POINT ESTATES) The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Project 25-12C, 2025 Mill & Overlay: Country Oaks West & Birch Point Estates. Mr. Berkowitz reviewed the Staff report concerning the 2025 mill and overlay project in Country Oaks West and Birth Point Estates. Mayor Barthel opened the public hearing at 7:57 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 7:58 p.m. Motion by Shafto, Seconded by Schue, to adopt Resolution No. R120-25 adopting the assessment roll for the improvement of project No. 25-12C, 2025 Mill and Overlay: Country Oaks West and Birth Point Estates. Motion carried unanimously. Mayor Bathel thanked Mr. Berkowitz and his Staff for all of the work that they put into these projects and the amount of money they can save residents. I. HOLD PUBLIC HEARING - VACATING AN UNIMPROVED PORTION OF 167TH AVENUE NW LOCATED WITHIN DEERWOOD ESTATES Regular Andover City Council Meeting Minutes – November 3, 2025 Page 8 The City Council is requested to consider a vacation request for an unimproved portion of 167th Street. Community Development Director Janish reviewed the Staff report in regard to the vacation request for an unimproved portion of 167th Avenue NW in Deerwood Estates. Councilmember Schue asked if there had been any discussion with the property owners that would have this property added to theirs. Mr. Janish shared that the public hearing notice was sent to these property owners. He added that he has not heard anything from either property owner. Mayor Barthel asked if the property owners are already using this land. Mr. Janish said that while the property is owned by the City, the property owners are likely using it as their own. Councilmember Schue asked when the letters were sent to these residents. Mr. Janish said it was sent on October 16. Councilmember Godfrey asked if there is any consequence for these property owners accepting this additional land. Mr. Janish said their property values would likely increase since they will be gaining additional land. Councilmember Godfrey asked if this would also increase their taxes. Mr. Janish said yes. Mayor Barthel opened the public hearing at 8:05 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 8:06 p.m. Councilmember Schue asked if these residents are aware that their taxes would likely increase as a part of this. Mr. Janish noted that he did not notify these residents of what their property value would increase to. He added that he imagines that they would be aware that if their property size increases, their property values would also increase. He said they could table this item to try to get in touch with these property owners if the Council wishes. Councilmember Schue said he would like this item to be tabled to allow Staff additional time to contact the property owners and get a response. Mayor Barthel shared that he does not wish to table this item as the property owners have already been given time to respond. He noted that in these situations, residents often assume that these city-owned areas are already their property. Councilmember Godfrey agreed and added that this is not a very large area of land that they will be gaining. Councilmember Shafto asked if this would hold anything up if they were to table it. Mr. Janish Regular Andover City Council Meeting Minutes – November 3, 2025 Page 9 said no. Councilmember Shafto asked if the City would have to keep this property if the other property owners did not want it added to their properties. Motion by Godfrey, Seconded by Engelhardt, to adopt Resolution No. R121-25, granting the vacation of 167th Avenue NW. Motion carried 4 ayes, 1 nay (Schue). J. HOLD PUBLIC HEARING - 2025 DELINQUENT SERVICE CHARGES The City Council is requested to approve a resolution adopting the assessment roll after Council has heard and passed upon all objections for delinquent sewer, water, storm sewer, street lighting charges, false alarm fines, tree removal, mowing fees, and miscellaneous abatement fees. City Administrator Cotton reviewed the Staff report concerning the 2025 delinquent service charges. She shared that the current delinquent amount is $288,846.44. She shared that they received one letter from a resident in opposition to this assessment. Councilmember Godfrey asked about the process of informing residents of delinquent amounts, why they are owed, and the collection efforts. Ms. Cotton shared that all residents with outstanding balances receive a letter with the amount owed and their timeline to pay it. She noted that at this time, all residents have been given ample opportunities to avoid this process and make their payments on time. She added that it is also common that residents will show up on this list year after year. Councilmember Schue asked if there is any criteria set for a resident to appeal their assessment. Ms. Cotton explained that Staff can work with residents to make payment arrangements if someone presents a hardship. She added that they have entered into payment arrangements in the past, and they have still not been paid. She noted that the letter received did not state a reason why the property owner was asking for an exception. She said the City had to do a second weed and grass abatement on this property this year. Councilmember Schue thanked Ms. Cotton for her work on this. He added that it is evident that Staff are always willing to listen and work with residents on these items. Mayor Barthel opened the public hearing at 8:18 p.m. No one came forward to address the Council. Mayor Barthel closed the public hearing at 8:19 p.m. Motion by Godfrey, Seconded by Engelhardt, to adopt Resolution No. R122-25, adopting assessment roll for the certification of delinquent sewer, water, storm sewer, street lighting Regular Andover City Council Meeting Minutes – November 3, 2025 Page 10 charges, false alarm fines, tree removal, mowing fees, and miscellaneous abatement fees. Motion carried unanimously. 3. STAFF ITEMS ADMINISTRATOR 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 that the Building Department has issued 79 new single-family home permits for the year and added that they are continuing to see steady commercial activity throughout the City. She noted that final inspections are taking place at Walmart and Chase Bank. She thanked Mr. Berkowitz for working with the MPCA on the grant agreement for the Red Oaks Monitoring Area. She added that 79 out of the 84 properties have been granted access to Rice Lake to do the preliminary site evaluations. She shared that the Andover Fire Department reported the arrival of their new fire engine and will be putting it into service in a few weeks. (Public Works/Engineering Department Report) Mr. Berkowitz reviewed the Public Works and Engineering Department report. He shared that they had their first informational meeting for roadway construction projects for next year. He said they will be hosting more meetings over the next few months. He added that they hope to set up a meeting with the MPCA in early December in the Red Oaks neighborhood. (Community Development Department Report) Mr. Janish reviewed the Community Development Department report. He shared that the Planning Commission will meet on Wednesday next week due to Veterans Day and will be holding several public hearings for commercial projects. MAYOR/COUNCIL INPUT Councilmember Engelhardt thanked the Andover Fire Department for their work. He noted that he has seen the firefighters all over the City and on Facebook doing outreach to kids in the schools, as well as responding to all different kinds of calls for service. He added that they have been onboarding new personnel and have been getting the new fire engine ready for service. He encouraged residents to check the batteries in their carbon monoxide and smoke detectors. He shared that the Coats for Kids program is behind its usual goal and encouraged any residents who can help donate to this program. Councilmember Godfrey shared that tomorrow is Election Day and encouraged residents to get out and vote. Mayor Barthel encouraged residents to check online to see where their polling place is for this Regular Andover City Council Meeting Minutes – November 3, 2025 Page 11 election. ADJOURNMENT Motion by Engelhardt, Seconded by Shafto, to adjourn. Motion carried unanimously. The meeting adjourned at 8:26 p.m. Respectfully submitted, Ava Major, Recording Secretary REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – NOVEMBER 3, 2025 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ..................................................................................................1 RESIDENT FORUM ..............................................................................................................1 AGENDA APPROVAL ..........................................................................................................1 APPROVAL OF MINUTES ...................................................................................................1 1. CONSENT ITEMS ..........................................................................................................1 A. Approve Payment of Claims ........................................................................................1 B. Accept Grant/CCWD/26-02D/2026 Street Reconstruction (Nightingale Preserve/Wittington Ridge/Nightingale Estates 1st – 3rd Additions) .......................................1 C. Approve Grant Agreement – Construction Grant with MPCA for Red Oaks Monitoring Area/25-39B ...........................................................................................................................2 D. Approve Change Order #2/23-18, Nightingale Street NW & Crosstown Boulevard NW Roundabout & 23-19, Nightingale Street NW & Veterans Memorial Boulevard NW Roundabout (Resolution No. R112-25) ...................................................................................2 E. Approve Abatement at 13718 and 13724 Xavis Street NW ..............................................2 2. DISCUSSION ITEMS .....................................................................................................2 A. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-02A/2-2025 STREET RECONSTRUCTION (XENIA STREET NW/VINTAGE STREET NW/161ST AVENUE NW) (R113-25) ..............................................................................................2 B. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-02B/2-2025 STREET RECONSTRUCTION (INDIAN MEADOWS 5TH ADDITION) (R114-25)...................2 C. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11B/2025 FULL DEPTH RECLAMATION (INDIAN MEADOWS AND FOX MEADOWS) (R115-25) .3 D. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11C/2025 FULL DEPTH RECLAMATION (PINE HILLS ADDITION) (R116-25) ..................................4 E. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-11D/2025 FULL DEPTH RECLAMATION (ANDOVER COMMERCIAL PARK/SAP 198-150-001) (R117-25) ........................................................................................................................4 F. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12A/2025 MILL & OVERLAY (TULIP STREET NW/161ST AVENUE NW TO 168TH LANE NW/SAP198-105-006) (R118-25) ...................................................................................5 G. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12B/2025 MILL & OVERLAY (KADLEC ADDITION/OAKWOOD ESTATES/WHITE OAKS COUNTRY/172ND AVENUE NW) (R119-25)...............................................................5 H. HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/25-12C/2025 MILL & OVERLAY (COUNTRY OAKS WEST & BIRCH POINT ESTATES) (R120-25) .........7 I. HOLD PUBLIC HEARING - VACATING AN UNIMPROVED PORTION OF 167TH AVENUE NW LOCATED WITHIN DEERWOOD ESTATES (R121-25) .....................7 J. HOLD PUBLIC HEARING - 2025 DELINQUENT SERVICE CHARGES (R122-25) ...9 3. STAFF ITEMS .............................................................................................................. 10 ADMINISTRATOR REPORT .............................................................................................. 10 MAYOR/COUNCIL INPUT ................................................................................................. 10 ADJOURNMENT ................................................................................................................. 11