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HomeMy WebLinkAbout2025-11-25 WK ANDOVER CITY COUNCIL WORKSHOP MEETING – NOVEMBER 25, 2025 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Barthel, November 25, 2025, 6:00 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 Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Associate Planner, Aidan Breen Natural Resources Technician, Kameron Kytonen Finance Manager, Lee Brezinka Others DISCUSS CANNABIS AND LOWER-POTENCY HEMP BUSINESSES REGISTRATION ORDINANCE City Administrator Cotton reviewed the Staff report in regard to repealing the current cannabis ordinances and replacing them with a cannabis and lower-potency hemp business registration ordinance to cover both products. City Attorney Baumgartner reviewed the legalities of this change. Councilmember Godfrey asked if they would need to adjust the code to state that the City will not be a cannabis retailer. Mr. Baumgartner said he would not necessarily recommend putting anything about this in the ordinance, but rather in a policy so it can be more easily addressed in the future if the Council changes its mind. Ms. Cotton added the Staff would not do any work to obtain licensing for the City without direction from Council. Mr. Baumgartner explained the Office of Cannabis Management opened up two different timeframes to apply for cannabis licensing. He noted anyone who did not submit an application during these periods of time cannot sell the lower-potency hemp products; however, if their application is pending with the Office of Cannabis Management, then they can sell these products Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 with registration from the City. Council consensus was reached to direct Staff to repeal the current cannabis ordinances and draft language to replace them with a cannabis and lower-potency hemp business registration ordinance to be brought back and approved by the Council. ESCALATING PENALITIES FOR ORDINANCE VIOLATIONS Associate Planner Breen reviewed the Staff report concerning escalating penalties for repeat ordinance violations. Mr. Baumgartner explained when they are referring to a violation for a citation, the reason has to be specific in the court system and the ticket writer system. He noted all City ordinances are available to be viewed online. He stated certain violations only have a fee associated with them, whereas others have mandatory court appearances. He suggested the Council revisit its fine amounts at a future meeting to ensure they are in line with the fine amounts of other cities in the surrounding area. Mr. Breen shared if this new plan were in place this year, there would likely be three or four properties that would be affected by this. He added they are always willing to work with residents to get them into compliance before just jumping straight to penalties. Mayor Barthel thanked Mr. Breen for how well he labeled the different violations. He suggested increasing all of these fines to try to encourage residents to clean up their properties and stop committing code violations. Councilmember Godfrey agreed and noted she would like them to reevaluate this in a few months to see if there are any other violations that Staff are seeing on a recurring basis. Councilmember Schue asked how many residents responded to their initial violation and fee and came into compliance. Mr. Breen shared there were only 10 to 15 citations issued this year. Mr. Baumgartner explained the violation process. He shared after two notices from the City, he sent a legal letter to the resident letting them know they must reach out to Staff to figure out a plan to get the property into compliance before criminal charges are filed. He noted most situations come into compliance before they get to the citation process. He said this process has been working quite well up to this point. Councilmember Shafto asked if this were to be passed, if the escalation process would be explained on the first violation. Mr. Breen said yes. Councilmember Shafto shared he would like the escalations to be considered within a year of when the first citation was filed. Councilmember Godfrey noted this should only affect a very small number of residents. Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 Mr. Baumgartner explained they are trying to mitigate these situations for the neighbors who continue to come to the Council and complain about their neighbors’ properties. He said they want to be able to help these neighbors live in an environment that is safe for them. Councilmember Schue said he is always happy to hear from residents, even in these situations when they are upset about something. He noted they need to have a plan in place that addresses the actual problem, not just continue to issue citations, as these do not fix the issues. He said he is supportive of this change. Mr. Baumgartner suggested making the escalated violation fine amount for second violations double the original fine, for third violations triple the original fine, and so on. He said there is no right or wrong amount to charge. Council consensus was reached to direct Staff to move forward with making the proposed changes to ordinance violations with escalated penalties at double the original fine for second violations, triple the original fine for third violations, and so on. GATEWAY FIBER INTRODUCTION/PROPOSAL Director of Public Works/City Engineer Berkowitz reviewed the Staff report in regard to the Gateway Fiber proposal. He introduced Derek Leffert from Gateway Fiber. Mr. Leffert gave the Council a presentation and proposal on bringing Gateway Fiber to the City. Councilmember Shafto asked if the three-year build-out timeframe would include the entire City. Mr. Leffert said they would get to as many parts of the City as they can during this time. He noted there are some areas of the City that may be too remote to run fiber or other areas that have existing fiber lines that would not be practical to run more lines. Mr. Berkowitz shared he has discussed this with both Blaine and Coon Rapids, and they both told him that of all of the fiber companies they have dealt with, Gateway has been the best. He noted they would need to be cautious when managing the size of these lines. He added they may want to consider hiring a seasonal employee to help manage this. CONTINUE NATURE PRESERVE DISCUSSION Natural Resources Technician Kytonen reviewed the Staff report concerning the future of the Nature Preserve Commission. Ms. Cotton shared the Nature Preserve Commission was never put into the City Code like the other Commissions. She said if they want to continue to have the Nature Preserve Commission, then she would suggest they put this in the City Code and have clear duties for this Commission. Mayor Barthel noted the residents seem to be passionate about open spaces and retaining as many natural resources as possible. He suggested they add this Commission to the City Code for this Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 reason and give them the duties of being an advisory commission on how they can best utilize open spaces throughout the City. Councilmember Schue stated they had discussed in the past the possibility of merging this Commission with the Park and Recreation Commission; however, he does not think that would make sense, as this group deserves its own Commission based on the interests of the residents. Councilmember Shafto shared he supports making this Commission its own advisory body, especially as it relates to the AUAR. Councilmember Godfrey agreed. She said they have a great opportunity to specifically identify what this group should be and direct the Commissioners in the right direction. Councilmember Engelhardt added he believes this Commission would be a great group for the Coon Creek Watershed and other similar groups to lean on. Councilmember Godfrey said she would like to see this initiated quickly, as they are getting to the time of the year when they solicit new and returning members for the Commissions. Mayor Barthel noted he knew that residents enjoyed the natural areas of the City, but the AUAR definitely brought it up again. Ms. Cotton shared she can work with the Staff and they can put together a duty statement and a mission statement for this Commission to be discussed further by the Council. She noted this will not be done quickly, as there will be a lot of important steps that they will need to complete to move this forward. She said the informal Commission can continue to meet as they are while they work to get new ordinances in place. She suggested making a slight change to the name of the Commission so that the residents are aware of the change in duties. Mr. Kytonen asked if they would want to have a new appointment process for this Commission when they get it officially established, or if they want the existing Commissioners to roll into this role. Ms. Cotton said they can discuss this at the Staff level and bring forward a recommendation. Councilmember Engelhardt thanked Mr. Kytonen and the Commissioners for the work they have put into this Commission, with the little direction they have received. Council consensus was reached to direct Staff to move forward with putting the Nature Preserve Commission in the City Code and making it an official advisory Commission. ALTERNATIVE AREAWIDE REVIEW (AUAR) DISCUSSION Community Development Director Janish reviewed the Staff report in regard to the AUAR. Councilmember Godfrey asked how practical it is for them to expand the water treatment facility by 2030. She asked what kind of cost would be involved in this expansion. Mr. Berkowitz said Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 they are working with Bolton & Menk on the numbers for the sewer expansion. He noted for building the infrastructure, it would likely cost around $3,500,000. Mayor Barthel asked if the developer would pay the City back for these costs. Mr. Berkowitz explained these costs would be recouped through an area charge. He added they have also discussed the possibility of having the developer upfront these costs to more than what the connection fee would be. He said they need to have more discussion around this. He shared the developer would like to see the sewer in this area by the spring of 2027; however, he is not sure if this is realistic. He explained they will need to work with the School District to acquire some easements to move forward with this, as well as work through the conservation easement through the old golf course. Mayor Barthel asked what would change about this development if they did not have the commercial development in this area. Mr. Janish explained this could be an issue with visibility, as this area is on two County roads, which are meant to have more traffic than a local City road. Mayor Barthel asked how many units per acre will be in the family homes section of this development. Mr. Janish said it was eight units per acre for the study they conducted. Councilmember Godfrey asked if they were to move forward with this plan, if it would bring City st utilities north of 161 Avenue, and allow the potential for the Hughes Industrial Park to become fully utilized light industrial. Mr. Janish said yes. Mayor Barthel asked if they would be putting in the sewer and water pipes right away for this development. Mr. Berkowitz explained the sewer will develop as development occurs in the area. He said they would construct the infrastructure from the south upwards. He noted the developer would take this construction from the start of the development. He said it would be the same with the water connections. Councilmember Godfrey noted this seems to be the most practical approach to allow potential for the City to grow in a reasonable manner. Councilmember Schue shared he likes how the plan, as presented, does not lock in future Councils on what decisions they have to make, but rather gives them the opportunity to improve and build upon this plan. Councilmember Godfrey shared she lives near this development in a rural area, and she is pleased with the idea of having commercial opportunities close by with reasonable amounts of traffic. Councilmember Shafto reiterated this plan is for the next 15 to 20 years, but this plan gives great options for how the City will develop in this area in the future. He said if they wanted to bond for this development, then he would be a lot more hesitant to move forward; however, since they do not, he is supportive of moving forward. Mr. Berkowitz thanked Bolton & Menk and AE2S for all of their hard work on the plans for this Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 development and the AUAR. Council consensus was reached to direct Staff to move forward with AUAR as discussed. 2026 BUDGET DEVELOPMENT AND PROPOSED PROPERTY TAX LEVY REVIEW Finance Manager Brezinka reviewed the Staff report concerning the 2026 proposed budget and property tax levy. Councilmember Shafto asked why Andover’s tax levy increase is so much less than that of some of the other cities in the area. Mr. Brezinka shared he has had these cities reach out to him, asking how their tax levy is so low. He explained he believes it is due to the fact that they are using some of their fund balance, while other cities are likely not. Ms. Cotton added some of the other cities with larger increases all have their own Police Departments, which are large budgetary items. She noted Andover runs a rather lean operation. She explained it is very important for residents to understand that there are other bodies taxing them than just the City, and that the County and the School District may have their own increases that the City does not control. Mayor Barthel asked how they should explain the use of the fund balance to the residents. Mr. Brezinka explained they would have to get into each individual fund that they are using. Councilmember Shafto added if they were to try to match revenues and expenditures, they would have large increases now but would end up overtaxing the residents in the long run. Councilmember Schue asked if there was a way that they could depict this differently so that the residents could understand where these funds are coming from. Ms. Cotton explained they have certain governmental accounting terms that they have to utilize. She said they could put a general disclaimer with this information that better explains things. Councilmember Shafto asked if they would be able to split off the standard operating expenses from the one-time costs. Mr. Brezinka noted the capital projects are typically considered one-time costs. Councilmember Godfrey asked how they can improve their performance as a City as it relates to workers’ compensation. Mr. Brezinka said that two of the claims were cancer-related. Councilmember Shafto noted property taxes provide for 79% of the funding to support the operations of the City. He asked if this compares to other cities in the area. Mr. Brezinka said yes. Mayor Barthel thanked Mr. Brezinka for all that he does and all the hard work he puts into the budget and levy. Council consensus was reached to move forward with the 2026 budget and levy as presented and Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 nd bring it forward to the December 2 Council meeting. CROSSTOWN BOULEVARD TRAIL - XEON STREET TO PRAIRIE ROAD PROJECT UPDATE/C.P. 25-29 Mr. Berkowitz reviewed the Staff report regarding the Crosstown Boulevard Trail from Xeon Street to Prairie Road. He shared details about a potential grant through the Met Council that they could apply for, which would cover the entire cost of this project; however, it would push the schedule of the project back a year. Mayor Barthel said he is supportive of applying for the grant even if it would push back the construction of the project. The Council agreed. Council consensus was reached to direct Staff to apply for the grant funding for this project. CROSSTOWN BOULEVARD & BLUEBIRD STREET ROUNDABOUT LANDSCAPE DISCUSSION/C.P. 25-29 Mr. Berkowitz reviewed the Staff report concerning the landscaping for the Crosstown Boulevard and Bluebird Street roundabout. Mayor Barthel said he would like to see this landscaping consistent with the other roundabouts. Mr. Berkowitz asked if they wanted an ‘A’ in the middle of this roundabout as well. He noted this cost around $1,300. Councilmember Godfrey shared she likes the idea of keeping the landscaping consistent across all roundabouts; however, she thinks the ‘A’ is frivolous and unnecessary. Mr. Berkowitz asked if they did not add an ‘A’ to the middle of this roundabout, if they would want to leave an empty platform in the center or fill it in with more landscaping. Mayor Barthel said he would like to still have the platform in the middle with power run to it in the event that they want to add something to it in the future. Council consensus was reached to move forward with landscaping consistent with the other roundabouts in the City, but not have the ‘A’ in the center. OTHER TOPICS Mr. Berkowitz reviewed a letter that resident William Corn sent about a concrete curb versus a bituminous curb. He shared the letter compares the development of Kadlec Estates to East Round Lake Estates, which has ditches, while Kadlec has concrete curbs. He said these concrete curbs have many benefits, including being strong and lasting longer than bituminous, providing structural support for pavement, and being a fixed edge for future mill and overlays. The letter received details a $1,400 cost difference for the concrete curb versus the bituminous. He asked the Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 Council if they wanted to continue with past practice, even with resident opposition. Councilmember Schue asked when they last did a bituminous curb. Mr. Berkowitz said bituminous stopped being used back in 2007. He noted they tried to use bituminous in a development more recently, and the constructability did not go well. Councilmember Godfrey asked if omitting the curb is an option. Mr. Berkowitz said no and explained that curbs are needed for drainage. Council consensus was reached to continue with the use of concrete curb based on Staff recommendations. FUTURE ADENDA ITEM REQUESTS Councilmember Schue shared he received a request from resident Rachel DuCharme to have the Planning and Zoning Commission reevaluate her request for an easement encroachment agreement for her fence. Councilmember Godfrey noted the Council has already made a decision on this, and the property owners signed an agreement agreeing to abide by the Council’s decision. Councilmember Shafto said he does not see any added value in having the Planning and Zoning Commission reevaluate this. Council consensus was reached to not have the Planning and Zoning Commission reevaluate this easement encroachment agreement. Councilmember Shafto shared he has been contacted by two different organizations about food trucks and revisiting the policies around food trucks. He asked if there could be a better way to do this, as he has gotten feedback that this process is overly burdensome when compared to other cities. Mayor Barthel shared they follow State law when it comes to food trucks. He noted they do not have any more regulations in place than the State does. He said other cities may choose not to follow State law. Council consensus was reached to not reevaluate the policy around food trucks, as it follows State law. CLOSED SESSION - CITY ADMINISTRATOR PERFORMANCE REVIEW RECESS Motion by Schue, Seconded by Shafto, to move to Closed Session. Motion carried unanimously. Andover City Council Workshop Meeting Minutes – November 25, 2025 Page 4 Mayor Barthel recessed the City Council Workshop meeting at 8:53 p.m. to a Closed Session of the City Council to discuss the City Administrator's performance review. RECONVENE The City Council reconvened at 9:18 p.m. ADJOURNMENT Motion by Schue, Seconded by Shafto, to adjourn. Motion carried unanimously. The workshop meeting adjourned at 9:18 p.m. Respectfully submitted, Ava Major, Recording Secretary