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HomeMy WebLinkAbout2026-04-07 CC REGULAR ANDOVER CITY COUNCIL MEETING – APRIL 7, 2026 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Barthel, April 7, 2026, 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 Natural Resources Technician, Kameron Kytonen Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one came forward to address the Council. AGENDA APPROVAL Motion by Schue, Seconded by Engelhardt, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OF MINUTES March 17, 2026, Special Meeting: Correct as written. March 17, 2026, Regular Meeting: Correct as written. March 24, 2026, Workshop Meeting: Correct as written. Councilmember Schue noted he will need to abstain from the workshop minutes as he was not in attendance. Motion by Schue, Seconded by Engelhardt to approve the March 17, 2026, Special meeting and March 17, 2026 Regular meeting minutes as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes – April 7, 2026 Page 2 Motion by Shafto, Seconded by Godfrey, to approve the March 24, 2026, Workshop meeting minutes as presented. Motion carried 4 ayes - 0 nays– 1 abstain (Schue). 1. CONSENT ITEMS A. Approve Payment of Claims B. Approve Application for Exempt Permit C. Approve Park Exclusive Use Permit/Eveland Park D. Approve Park Exclusive Use Permit/Sunshine Park E. Approve Application for Exempt Permit F. Approve Parking Lease Agreement with Andover Animal Hospital and Foundation Hill Montessori and Childcare for the use of the Andover Station North Parking Lot G. Award Bid/25-39B: Red Oaks Monitoring Area (Public Improvements) (R036-26) H. Revise Bid Opening Date/24-43: Coon Creek Corridor Trail East of Prairie Road NW (R037-26) I. Approve Appointment – ACC Building Supervisor J. Accept Resignation/Retirement – Fire Chief K. Approve Appointment – Interim Fire Chief L. Accept Resignation – Deputy Fire Chief M. Approve Appointment – Interim Deputy Fire Chief N. Accept Resignation/Retirement – Parks Lead O. Approve Resolution Dissolving the Nature Preserve Commission (R038-26) P. Approve Interim Streets and Parks Supervisors Q. Award Bid/26-02A: 2026 Street Reconstruction (Creekridge Estates)/26-02C: 2026 Street Reconstruction (East Round Lake Estates)/26-11B: 2026 Full Depth Reclamation (Northglen Area/Woodland Pond) (R039-26) R. Award City Contract for Ash Injections/26-22/EAB Management Program S. Approve Lower-Potency Hemp Retail Registration/Top Ten Liquors T. Approve Lower-Potency Hemp Retail Registration/Margie’s Kitchen U. Approve Application for Exempt Permit Motion by Engelhardt, Seconded by Godfrey, to approve of the Consent Agenda as read. Motion carried unanimously. 2. DISCUSSION ITEMS A. CONSIDER RESOLUTION ESTABLISHING THE NATURAL RESOURCES COMMISSION AND AMENDING CITY CODE TITLE 2, BOARDS AND COMMISSIONS The City Council is requested to consider a resolution establishing the Andover Natural Resources Commission (NRC) and a corresponding amendment to City Code Title 2. Natural Resources Technician Kytonen reviewed the information with the Council and recommended approval of the resolution establishing and creating the Andover Natural Resources Commission, which includes Regular Andover City Council Meeting Minutes – April 7, 2026 Page 3 the adoption of City Ordinance Title 2, Chapter 4. Additionally, staff requests the Council authorize the summary publication of the ordinance to satisfy statutory requirements. Councilmember Shafto recognized there were members on the Nature Preserve Commission and asked if those terms would carry over or whether there would be a completely new application process for the new Commission. City Administrator Sarah Cotton stated this would dissolve the previous Commission, so they would need to go through the application process for the new Commission. She noted the existing members would be encouraged to reapply for the new Commission if they are interested. Mayor Barthel thanked the current Nature Preserve Commission members, recognizing that people love the open spaces in the community. He recognized the discussion that had been had between the Council and the Nature Preserve Commission to broaden the scope of that group. Motion by Shafto, Seconded by Schue, to adopt Resolution No. R040-26, Establishing the Andover Natural Resources Commission and Ordinance No. 587 Establishing the Natural Resources Commission and authorizing summary publication of the ordinance. Further discussion: Councilmember Godfrey hoped that residents would understand that this is part of an evolutionary process, and there has been a lot of discussion with the members of the Nature Preserve Commission over the past year to plan for this transition. Councilmember Shafto commented he is also very excited about this new direction. He hoped the existing members would reapply for the new Commission. Councilmember Schue thanked the members of the Nature Preserve Commission for the work they have done and also encouraged them to apply for the new Commission. He was also excited about the evolution of the next phase. Councilmember Engelhardt stated there has been a great group of people over the years who have served on the Nature Preserve Commission and believed the transition would help to better streamline and focus on the mission. Motion carried unanimously. B. CONSIDER AWARD BID/26-02E: 2026 STREET RECONSTRUCTION (LEEMAN RD LAKE ESTATES)/26-11A: 2026 FULL DEPTH RECLAMATION (173 TH AVE./NAVAJO ST./175 AVE.)/26-11C: 2026 FULL DEPTH RECLAMATION (BIRCHWOOD POND)/26-11D: 2026 FULL DEPTH RECLAMATION (OLD CONSTANCE BLVD.)/26-12: 2026 MILL AND OVERLAY (GROW OAK VIEW ESTATES) The City Council is requested to consider accepting bids and award the contract for Projects 26- 02E: 2026 Street Reconstruction (Leeman Lake Estates)/26-11a: 2026 Full Depth Reclamation Regular Andover City Council Meeting Minutes – April 7, 2026 Page 4 rdth (173 Ave./Navajo St/175 Ave.)/26-11C: 2026 Full Depth Reclamation (Birchwood Pond)/26- 11D: 2026 Full Depth Reclamation (Old Constance Blvd.)/26-12: 2026 Mill And Overlay (Grow Oak View Estates). Public Works Director/City Engineer Berkowitz reviewed the information with the Council and recommended approval as presented. Mayor Barthel stated he would like the Council to approve this and move forward and not charge the extra amount to the residents. He stated they cannot charge the residents more than they had planned for, and the City should cover the extra cost, as the feasibility report was a bit off. Councilmember Shafto agreed. He asked if the Council should expect similar findings on the other projects left to bid this year. Mr. Berkowitz stated it is difficult to determine the reason why some of these areas were higher, noting another area of the city where bidding came back with better results, while the northeast quadrant came back higher. He stated other cities have received good bids early on this year as well. He noted they will continue to react as the bids come in for those projects. Councilmember Shafto commented if they set the ceiling at the feasibility report, as they are doing in this case, he wants to be consistent with future bids that come back this year. Mr. Berkowitz replied the difference between the two projects is a total of $7,000, which is a very small percentage of the overall project costs. Councilmember Godfrey agreed with the approach suggested by Mayor Barthel and hoped all residents would recognize that this is an attempt at equalization and fairness, recognizing that they cannot control the external factors that impact bidding results. She cautioned everyone to be aware of items in the budget that they can adjust elsewhere to compensate. She agreed they should be consistent if they have similar situations that arise this year. Councilmember Schue agreed with the comments made by the other members of the Council. Mayor Barthel asked if action would be needed to ensure that the assessment to residents is not changed. City Attorney Baumgartner stated the motion could be made with the condition that the assessment to the residents will be consistent with the feasibility report, notwithstanding the amount of the approved contract. Motion by Shafto, Seconded by Engelhardt, to adopt Resolution R041-26, Accepting Bids and Awarding Contract for the Improvement of Project Nos. 26-02E: 2026 Street Reconstruction rdth (Leeman Lake Estates)/26-11A: 2026 Full Depth Reclamation (173 Ave./Navajo St./175 Ave.)/26-11C: 2026 Full Depth Reclamation (Birchwood Pond)/26-11D: 2026 Full Depth Reclamation (Old Constance Blvd.)/26-12: 2026 Mill And Overlay (Grow Oak View Estates), with the condition that the assessment to residents will not exceed the amount within the feasibility report. Motion carried unanimously. C. CONSIDER A SKETCH PLAN FOR A MASTER PLANNED DEVELOPMENT USING A PLANNED UNIT DEVELOPMENT (PUD), FOR THE 31-ACRE Regular Andover City Council Meeting Minutes – April 7, 2026 Page 5 PROPERTY AT 17613 WARD LAKE DRIVE, TEAM FAIR (APPLICANT) The City Council is requested to review a Sketch Plan for a single-family PUD residential development as proposed by Team Fair. Community Development Director Janish reviewed the information with the Council and asked that the Council provide input related to the development for the applicant to consider as they determine if they will continue with the development of this property. Councilmember Schue asked if the residents to the east are present, and he wanted information on the process. Mary Bottineau, 17103 Ward Lake Drive, commented they have been working with the applicant throughout this process as her cousin owns the subject property, which has been in the family for generations. She stated it is a big change, but the applicant has been great to work with. She provided input on Ward Lake Drive, which does have some shenanigans and had concerns with the 20-foot width, as that could open the door for more activity. She stated the roadway, as is, can accommodate a firetruck. She commented on the mature trees that would have to be removed to accommodate a 20-foot width. She noted many cul-de-sacs do not have emergency access. She was nervous about the changed cul-de-sac location, which would be near their home, and would prefer the less intrusive option. She commented they are not trying to block anything, as the applicant has been great to work with and develop a plan that is the least intrusive it can be to them. Councilmember Schue thanked the resident for providing their perspective. Councilmember Godfrey stated there was an opportunity to move the trail/emergency access a little further north to provide additional buffer between the trail and adjacent properties, and asked for more information. Mr. Janish provided additional information on that, but was unsure of the distance between the two. Councilmember Shafto stated the Planning and Zoning Commission had excellent discussions and got to the heart of the issues with this type of development. He appreciated the input from Commissioner Hudson and the way he looks at these types of developments. He recognized the difference between a variance and deviation from City Code and stated they need to get a better product as a whole when they are granting deviations through a PUD. He stated personally, he would prefer that they keep the land natural, but there are property rights, so they must balance property rights with the rights of residents and their tax dollars to support the infrastructure that is needed. He stated if they do not like the large deviation, they could move forward with up to nine lots for the development, but there is a cost to that. He stated a PUD is a useful tool because it can offset some of that cost while not being as rigid with the City Code. He stated this proposal would allow nine units more uniquely. He stated overall, the PUD version of development for this property would be superior as it creates fewer lots, meets the spirit of the R-1 district, and reduces the financial burden on all taxpayers. He believed that the PUD plan does a better job of balancing the rural character of the area while also reducing the tax burden on other residents. He believed Regular Andover City Council Meeting Minutes – April 7, 2026 Page 6 that they needed the emergency access, but was unsure if the width of 20 feet was needed and would rely on Public Safety staff to make that determination. Mr. Janish stated the Fire Department did make the recommendation for the 20-foot width. He stated he can have additional discussions to determine if that width is needed. Councilmember Shafto commented he would like more information on the reasoning for the need for the width. Mayor Barthel stated the ladder trucks have long legs that come out and must sit on a surface strong enough to hold that up so the ladder can extend. He believed the width with those legs is 19 feet. He recognized that a truck can get back there on a lesser width, but without the stability, the ladder truck is useless. Councilmember Shafto recognized that width would then be important for the two homes in the back to ensure that a ladder truck could utilize the emergency access. Councilmember Godfrey stated her first impression of the alternative, where the 300-foot width was met, was that this is so much better. She noted the plan reduces roadway and impervious surface. She noted after additional thought, she agrees that the PUD plan provides a comprehensive package that preserves trees, preserves the character of the area, reduces the tax burden on the City as a whole, places the maintenance burden for the trail/access road onto the HOA, and ensures safety with the emergency access. She commented this could be a very good development for Andover. Councilmember Schue agreed with the comments of Councilmember Shafto. He thanked the resident for speaking tonight, as that also made him more comfortable with the PUD. Mayor Barthel agreed with the comments made thus far. He stated he has known the developer for almost eight years as a member of the Council. He stated after seeing the impact of the cost of roads, he likes the proposed PUD as it would be less impactful. He stated he likes the access road and appreciates that it was moved a little further away to ensure safe access can be provided. Mr. Janish asked if the Council wants staff to talk with the applicant and Fire Department staff to determine if a lesser width would be allowed. Mayor Barthel stated he is confident that 20 feet will be needed, but the applicant could have those discussions with staff. 3. STAFF ITEMS A. 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 stated the public comment period for the AUAR is open th through April 9 for the Fields of Andover. More information can be found on the City website. Regular Andover City Council Meeting Minutes – April 7, 2026 Page 7 st Staff have received a lot of questions about the activity on Hanson Boulevard, south of 161, which is planned utility work from Xcel Energy and is not development-related. (Public Works/Engineering Department Report) Mr. Berkowitz stated tonight the Council approved the resignation/retirement of Terry Seeger the Parks Lead and recognized the impact he has had over the past 30 years. He stated the City was fortunate to have him for so long and wished him well in his retirement. He recognized the appointment of the Interim Fire Chief, noting he has been a big part of the Public Works Department. He stated Chris Olson will become the Temporary Acting Streets Supervisor and Jeremy Johnson will become the Interim Parks Supervisor. He congratulated all staff members involved in those transitions. He also provided timing updates on road and trail improvement projects planned for the spring/summer season. MAYOR/COUNCIL INPUT Councilmember Godfrey disclosed she and her husband are working with the same law firm that is retained by the City. She stated they are working with a different partner, other than Mr. Baumgartner, on a personal matter, and there is no conflict of interest. RECESS Mayor Barthel stated the City Council is going to enter a Closed Session to discuss litigation strategy: City of Andover v. Ethan Weinzierl and Rachel Ducharme. Motion by Schue, Seconded by Godfrey, to recess the meeting to closed session at 8:13 p.m. Motion carried unanimously. RECONVENE Mayor Barthel stated the City Council meeting is now reconvened in open session. The time is 8:50 p.m. Mayor Barthel stated for the record, the Council met in closed session pursuant to Minnesota Statute Section 13D.05, subdivision 3(b), to discuss litigation strategy in the matter of the City of Andover v. Ethan Weinzierl and Rachel Ducharme. No action was taken during the closed session. ADJOURNMENT With no further business to come before the Council, Mayor Barthel adjourned the meeting at 8:51 p.m. Respectfully submitted, Amanda Staple, Recording Secretary Regular Andover City Council Meeting Minutes – April 7, 2026 Page 8 1 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES – APRIL 7, 2026 2 TABLE OF CONTENTS 3 4 5 PLEDGE OF ALLEGIANCE 1 6 RESIDENT FORUM ..............................................................................................................1 7 AGENDA APPROVAL ..........................................................................................................1 8 APPROVAL OF MINUTES ...................................................................................................1 9 1. CONSENT ITEMS ..........................................................................................................2 10 A. Approve Payment of Claims ........................................................................................2 11 B. Approve Application for Exempt Permit ......................................................................2 12 C. Approve Park Exclusive Use Permit/Eveland Park .......................................................2 13 D. Approve Park Exclusive Use Permit/Sunshine Park .....................................................2 14 E. Approve Application for Exempt Permit ..........................................................................2 15 F. Approve Parking Lease Agreement with Andover Animal Hospital and Foundation Hill 16 Montessori and Childcare for the use of the Andover Station North Parking Lot .....................2 17 G. Award Bid/25-39B: Red Oaks Monitoring Area (Public Improvements) (R036-26) .....2 18 H. Revise Bid Opening Date/24-43: Coon Creek Corridor Trail East of Prairie Road NW 19 (R037-26) ....................................................................................................................2 20 I. Approve Appointment – ACC Building Supervisor .........................................................2 21 J. Accept Resignation/Retirement – Fire Chief ....................................................................2 22 K. Approve Appointment – Interim Fire Chief..................................................................2 23 L. Accept Resignation – Deputy Fire Chief ..........................................................................2 24 M. Approve Appointment – Interim Deputy Fire Chief .....................................................2 25 N. Accept Resignation/Retirement – Parks Lead ...............................................................2 26 O. Approve Resolution Dissolving the Nature Preserve Commission (R038-26) ...............2 27 P. Approve Interim Streets and Parks Supervisors ................................................................2 28 Q. Award Bid/26-02A: 2026 Street Reconstruction (Creekridge Estates)/26-02C: 2026 29 Street Reconstruction (East Round Lake Estates)/26-11B: 2026 Full Depth Reclamation 30 (Northglen Area/Woodland Pond) (R039-26) ..........................................................................2 31 R. Award City Contract for Ash Injections/26-22/EAB Management Program .................2 32 S. Approve Lower-Potency Hemp Retail Registration/Top Ten Liquors ..............................2 33 T. Approve Lower-Potency Hemp Retail Registration/Margie’s Kitchen .............................2 34 U. Approve Application for Exempt Permit ......................................................................2 35 2. DISCUSSION ITEMS .....................................................................................................2 36 A. CONSIDER RESOLUTION ESTABLISHING THE NATURAL RESOURCES 37 COMMISSION AND AMENDING CITY CODE TITLE 2, BOARDS AND 38 COMMISSIONS (R040-26) (Ordinance 587) ..................................................................2 39 B. CONSIDER AWARD BID/26-02E: 2026 STREET RECONSTRUCTION (LEEMAN RD 40 LAKE ESTATES)/26-11A: 2026 FULL DEPTH RECLAMATION (173 TH 41 AVE./NAVAJO ST./175 AVE.)/26-11C: 2026 FULL DEPTH RECLAMATION 42 (BIRCHWOOD POND)/26-11D: 2026 FULL DEPTH RECLAMATION (OLD 43 CONSTANCE BLVD)/26-12: 2026 MILL AND OVERLAY (GROW OAK VIEW Regular Andover City Council Meeting Minutes – April 7, 2026 Page 9 1 ESTATES) (R041-26) .....................................................................................................3 2 C. CONSIDER A SKETCH PLAN FOR A MASTER PLANNED DEVELOPMENT 3 USING A PLANNED UNIT DEVELOPMENT (PUD), FOR THE 31-ACRE 4 PROPERTY AT 17613 WARD LAKE DRIVE, TEAM FAIR (APPLICANT) ................4 5 3. STAFF ITEMS ................................................................................................................6 6 A. ADMINISTRATOR’S REPORT .....................................................................................6 7 MAYOR/COUNCIL INPUT ...................................................................................................7 8 RECESS..................................................................................................................................7 9 RECONVENE ........................................................................................................................7 10 ADJOURNMENT ...................................................................................................................7 11