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HomeMy WebLinkAbout2026-07-28 WK ANDOVER CITY COUNCIL WORKSHOP MEETING – JULY 28, 2026 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Barthel on July 28, 2026, at 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 Commander, Brent Erickson Senior Engineering Technician, Jake Knutson Utilities Manager, Steve Wienhold Finance Director, Lee Brezinka Others 2027 LAW ENFORCEMENT CONTRACT Commander Brent Erickson presented the proposed 2027 Law Enforcement Contract with the Anoka County Sheriff’s Office. Mayor Barthel asked what a city of this size would pay, on average, for its own police force. Commander Erickson replied the City of Ramsey, which is similar in size and population, had a budget of $6,500,000 in 2026 for its Police Department. He noted it is just the operating budget and does not include capital costs. He noted starting a Police Department would most likely have a cost of $10,000,000 for a city like Andover. Mayor Barthel noted he intended to show how much money the City saves by utilizing the services of the Sheriff’s Office. He asked if the current County Board supports the Sheriff’s Office contracting for services in this manner, noting a previous Board member consistently voted against these contracts. Commander Erickson acknowledged that the County Commissioner is no longer a Commissioner and was unsure why they voted against the contracts. He commented currently there is a supermajority in support of these contracts with the cities. Councilmember Engelhardt asked if anything is coming up in the next few years they should be aware of. Commander Erickson stated he would consider adding the third School Resource Officer Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 2 (SRO) in the next year or two. Council consensus was reached to support the law enforcement contract as proposed. DISCUSSION AND CONSIDERATION OF PROPOSED CITY ORDINANCE REGULATING E-BIKES, E-SCOOTERS, MOTORIZED BICYCLES, AND E-MOTOS Ms. Cotton presented the staff report and explained the Council is asked to provide direction on whether to formally adopt a City Ordinance regulating e-bikes, e-scooters, and e-motos or to maintain the current education-focused approach. Staff also requests feedback on the specific provisions in the draft ordinance, including the speed cap, the minor helmet mandate, and device impoundment terms. Mr. Baumgartner stated the draft ordinance is more user-friendly than the State Statute but contains the same information and incorporates the definitions used by the State. He recognized the big issue is trails and explained that the State also allows flexibility for cities to create regulations. He explained they would not want to create an ordinance that is difficult to enforce and provided examples. Commander Erickson reviewed the statutory definition of a trail, which is something else for the City to consider. Councilmember Schue asked if there is hard data related to the number of complaints received. Commander Erickson commented he does not have hard data to that effect but stated the number of complaints they receive is not in the hundreds. He explained they began to receive complaints last fall and again in the spring, estimating that he receives a handful of complaints every month but noted deputies may receive more complaints on the streets. Ms. Cotton commented that it is consistent with what the City receives. She noted many comments are of concern, pleading for the City to do something before someone gets hurt. Councilmember Schue stated the last thing he wants to do is not take any action, with the idea that it will not be a problem. He commented there will be a problem if they do not do something. He recognized that when they last talked about this, the focus was on education and believed they would need to develop some type of regulation. Mr. Baumgartner agreed that these products are becoming more popular and did not anticipate that this activity would slow down. He commented once the word gets out that the rules are being enforced, the word spreads to users. He agreed they should continue with education and also be proactive rather than reactive. Councilmember Godfrey agreed the City needs to be proactive and believed that there are a few tweaks they could make to start a bit slower, but supported the draft ordinance with a few amendments. She referenced language that refers to a street with bicycle lanes but noted Andover Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 3 does not currently have any roadways with bicycle lanes. She stated her biggest concern is the mention of safety courses, which she does not believe are yet available. Mr. Baumgartner agreed the Sheriff’s Office does not yet offer those courses. He realized they cannot force people to take a course, but they could incentivize people to take a safety course. Councilmember Engelhardt stated he has seen a recent accident involving a scooter and an SUV and agreed that something will happen as these become more popular. Councilmember Shafto asked if there is a liability component in terms of trail maintenance. He noted when someone is walking or using a pedal bike, damage to the trail will most likely not cause injury but was unsure if a pothole in the trail could cause an accident if a bicycle is traveling at 25 mph. Mr. Baumgartner commented while not all people can get to 25 mph on a pedal bike, some users could. He stated if the City posts a speed on a trail and someone goes over that, there is nothing they can do to stop that, aside from enforcement. He commented he would be able to defend the position of the City, as there was a focus on education and then if the City adopts and enforces the ordinance that also shows proactive measures. Councilmember Shafto agreed there is a limit to what can be done, and believed this is a good first step in trying to curtail an incident from occurring. Ms. Cotton commented there would need to be negligence on the part of the City as well, if the City was made aware of the maintenance need and did not respond. Councilmember Godfrey commented the City does have a standard trail maintenance plan as well. Mayor Barthel stated he supports the draft ordinance as well, but does not want the City to pay the Sheriff’s Office to sit on the trail with a radar gun. He commented he is not interested in licensing the bikes, as only ten percent of residents will do that. He stated he would also be okay prohibiting e-bikes in certain areas of the community, such as Kelsey Round Lake Park. He commented if motorized scooters are not allowed on trails, those kids will ride on the street, which is more dangerous. Mr. Baumgartner stated when Anoka passed the golf cart ordinance, they posted a map showing where the vehicles would be allowed, and Andover could do something similar, providing a map where e-bikes are allowed. He stated if the City decided to do that, he would suggest posting signs stating, “no e-bikes allowed”. He asked for input from Councilmember Godfrey on the items she would like to back away from in the ordinance, so that he could ensure that would not conflict with State law. He asked members of the Council to provide him with any additional input through email. DISCUSS ARTEMIS – FIELDS OF ANDOVER – ZONING CODE AMENDMENT Mr. Janish presented the staff report and stated staff is seeking direction on street design, use of private streets, building height clarification, height in stories, structure width, buffering adjoining lower-intensity districts, and corrective soils for lots. Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 4 Councilmember Godfrey asked for more information on the half foot of additional turf. Mr. Janish explained the intent is to keep the sidewalk away from the property line. He explained the property owner would be responsible for mowing that grass area in addition to the boulevard. Mr. Berkowitz provided additional explanation on the difference between a sidewalk and trail. Mayor Barthel asked who would be responsible for clearing the snow on the sidewalk. He commented the entire city has trails, whereas this area would be proposed to have sidewalks. Mr. Janish stated the applicant would also propose a trail system within their development and provided additional explanation. He stated staff is continuing to have discussions with the applicant and perhaps the association would be responsible for the maintenance/clearing of the sidewalks. Mayor Barthel stated he can support a 31-foot roadway with parking only on one side. He stated the use of sidewalks rather than trails seems strange and would be inconsistent. Mr. Janish noted the other alternative would be to have no sidewalk. Councilmember Schue stated his neighborhood does not have sidewalks or trails. He believed there should be further discussion on this topic in the future. Councilmember Godfrey stated she believes that it adds to the diversity of the community and supports giving residents options to choose from. She noted her neighborhood also does not have a trail. Councilmember Shafto stated his neighborhood also does not have a trail. He stated he is also open to sidewalks if that is what makes sense for that area. He stated he is interested in hearing more about the topic. Councilmember Schue recognized the inconsistency in only having a sidewalk on one side, if the intent is to make it easier for neighbors to get from one house to another or visit with each other. Councilmember Shafto commented this is a neighborhood road, so people could cross the road. Councilmember Schue stated if the association is paying for the sidewalks and continued maintenance, he could support them but would not want to see the City maintain that element. He acknowledged that perhaps having a sidewalk is a safety concern, to ensure people can walk off the road. Ms. Cotton agreed that is a consideration, as a lack of sidewalk or trail would place pedestrians on the street. Mr. Janish asked and received support from all members of the Council for the 31-foot-wide road design. He moved to the topic of private streets and reviewed the proposal from the applicant. He confirmed the full support of the Council for the private streets as proposed. He moved to the topic of building height clarification and provided an explanation of what is being requested. The Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 5 Council agreed with the proposed clarification of building height. He moved to the topic of height in stories and reviewed the proposed request and confirmed the full support of the Council on that request. He reviewed the proposed structure width deviation. Mayor Barthel stated he could support a reduction in width but would not support 20 feet. He confirmed support of all five Councilmembers in reducing the width under 24 feet, but is unsure how much less than that they would support. Mr. Janish moved to the topic of buffering and provided more information on the request. He confirmed the buffer would start from the setback. Ms. Cotton confirmed five members of the Council in support of that request. Mr. Janish provided information on the request related to soil corrections. Councilmember Godfrey asked why the Code uses 110 feet. Mr. Berkowitz provided additional context for the requirement and how that arose to ensure there would be adequate soils for decks. He confirmed that, as proposed, there would still be an oversizing and helical piers that would ensure decks could be constructed. Mayor Barthel commented that everyone who wants a deck would then need to use helical piers, which will increase the cost. He stated in his neighborhood, real estate agents were telling people things that were not true and asked how this information would be communicated to potential residents. He referenced a development that was mentioned as an example where a lesser soil correction was approved, noting that those homes have cement patios and not decks. He stated he could support a reduction to 100, but would not feel comfortable going down to 85. Councilmember Godfrey asked if the developer is proposing to include decks with these homes. Mr. Janish commented the builder would most likely have a standard option and a deck could be added for an additional cost. He stated this is a relatively difficult site because of the peat, and less fill would be required if fewer soil corrections are required. He explained how that information would be provided to buyers in the association documents, but recognized that not all buyers read that information. Mr. Berkowitz commented that helical piers are becoming more normal now as well. Councilmember Shafto commented whatever coverage is allowed, there should be enough room to build a deck at some point. He recognized it would become a different issue if someone builds an addition and then wants to add a deck. Mr. Berkowitz stated a deck could be built; the footing structure would just need to be helical piers. Mayor Barthel referenced the e-bike ordinance that was just discussed because parents are not doing their due diligence and noted this would be another instance of protecting people who may not do their due diligence. He stated he could support 100 feet but would not support 85. Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 6 Councilmember Godfrey asked if a property owner would be able to add a cement slab and garden shed without soil corrections. Mr. Berkowitz replied it would depend on the size, as something requiring a foundation would require soil corrections. Councilmember Godfrey commented the City cannot protect every purchaser from things they may want to do and should be reasonable about what they are willing to let the developer do and let the buyer beware. Councilmember Schue recognized the concerns with the soils on the site because of the peat and asked if there is another reason for the request. Todd Stutz, Artemis Development, stated the building pad depth is an economic request because of the necessary soil corrections on the site. He provided additional information noting that some decks may be within the area of corrected soils and stated one builder they work with includes decks as a standard feature. He commented the HOA would need to review exterior changes and would have the information stating that helical piers may be required. He stated this is not an unusual situation because in areas like this it becomes economically unfeasible. He stated if desired, they could ensure that decks are included as a standard feature. He agreed that helical piers are becoming more standard use because of the conditions. Mayor Barthel confirmed three members in support of the request related to soil corrections. DISCUSS FIBER COMPANIES REQUESTING TO PROVIDE SERVICE TO THE CITY Mr. Berkowitz reviewed the staff report and explained the Council is requested to discuss fiber company requests to provide services to the City. Mr. Wienhold provided additional information on the impact to staffing when they try to keep up on locate requests of this magnitude. Councilmember Schue asked what the cost to Gateway is for the locates and whether that would support bringing on additional staff members. Mr. Berkowitz explained the cost that is paid for a right-of-way permit and stated after this year, they will be able to evaluate if that cost needs to be increased. He stated if the locates continue in this manner, they may need to hire additional staff. He explained these locates are done through GPS, so the City is gaining that information in its system. Mr. Wienhold stated the City is mandated by the State to provide the locate service. Mayor Barthel provided context on the fees paid by the cable companies for use of the right-of- way, noting that the same fee is not paid by fiber companies. He stated they should either charge more for permits, or open a neighborhood for all fiber installers at the same time to prevent a trench going through every year. Mr. Berkowitz stated some cities are attempting to pursue franchise fees for that purpose. Mr. Knutson provided additional input related to the calls he receives from residents in response Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 7 to fiber company activity. He explained the permit requests are so large that it disrupts areas for longer periods of time. He noted multiple companies coming into the same area also disrupts the area for longer. He explained what is included in the permit review process. Mayor Barthel stated he would like to find a method that would open up certain areas at certain times for all companies, along with more accurately charging the companies for the required staff time through permitting. Councilmember Godfrey asked about the rights of the City related to the requirements the State has imposed on this matter. Mr. Baumgartner stated this is an example of where technology has surpassed the statutory laws. He stated he likes the idea of opening up certain neighborhoods at certain times, but recognized that may not align with the plan of the fiber company’s plan and was unsure how they could get there. Mr. Berkowitz commented some of the companies are not even sure what their plan would be, but are interested in coming into the community. Mayor Barthel stated perhaps they use larger sections and once that section is closed, it is not reopened again for five years. Ms. Cotton commented that could be seen as discriminatory for some providers. Mayor Barthel stated it would not be discriminatory to say an area is opened up every four or five years to protect the health and safety of residents. Mr. Baumgartner agreed that it makes sense but was unsure how that would stand up. Mr. Berkowitz reviewed a few options to consider, one of which would split up sections of the City between two providers who are ready, and noted there could be an area that overlaps and both providers could install at the same time. Mr. Knutson provided additional input from a staffing perspective. Mr. Berkowitz stated they could bring both providers together and tell them that they need to align and be in those areas at the same time. Councilmember Godfrey stated they would then need to adopt a policy that is the maximum that can be handled at one time. Mr. Baumgartner stated they should also contact others who have expressed interest to let them know those areas are open if they would like to join and inform them of the process. Mr. Berkowitz explained how fiber companies operate differently in terms of installation and how their systems are built. Councilmember Schue stated if an area is opened, it is up to the fiber companies as to where their mothership is located and how they get to that area. Mr. Berkowitz provided additional details on the process they would need to follow to get the desired goal. He explained changes to the process could impact the times when residents receive fiber in their area. Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 8 Councilmember Godfrey asked if it would be prudent to include additional staff to address this issue. Ms. Cotton stated if needed, they could look to add seasonal employees to assist with locates. Mr. Wienhold stated they would need to find the right individual, as the City would be liable for any damage that could occur from incorrect locates. Councilmember Godfrey stated the seasonal employee could assist with other work and the full-time staff person could do the locates. Mr. Berkowitz commented on the time that would be spent training a seasonal employee to handle some of the duties. Mayor Barthel asked and received confirmation that Gateway is not yet coordinating with new development to install while the area is open. Mr. Berkowitz commented on the cyber attacks that have occurred throughout the metro and asked that staff be allowed to provide a brief update. Mr. Wienhold provided additional input on the impacts that occurred in Andover. DISCUSS SUNSHINE PARK SKATE PARK EXPANSION AND IMPROVEMENTS Mr. Berkowitz presented the staff report and explained the Council is requested to discuss the skate park at Sunshine Park. Councilmember Schue asked about the utilization of the skate park. Mr. Berkowitz replied there is still a lot of use of the park. Mayor Barthel stated the nice part about that location is the visibility, noting that he has not heard any complaints from the Sheriff’s Department. Councilmember Schue asked if there are other ways to fund the project. Mr. Brezinka provided additional context on the funding proposed. Mayor Barthel confirmed all members in support of the project and process as discussed. Mayor Barthel briefly recessed the meeting at 8:08 p.m. Mayor Barthel reconvened the meeting at 8:20 p.m. DISCUSS ANOKA HENNEPIN SCHOOL DISTRICT PROPOSAL FOR PICKLEBALL COURTS AT OAKVIEW MIDDLE SCHOOL Mr. Berkowitz reviewed the staff report and explained the City Council is requested to discuss a proposal from the Anoka Hennepin School District to partner on reconstructing the existing tennis courts at Oakview Middle School and converting them into pickleball courts for school and public use. Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 9 Councilmember Godfrey asked who would pay for maintenance and signage, and how much parking would be available. She also asked about future shade improvements, benches, and security. Mr. Berkowitz stated the Coon Rapids JPA identified a 50/50 cost split for major maintenance of the courts and a request for the City to do garbage control. He stated any parking would be available within the existing lot. He stated future improvements would be discussed as they moved forward and provided examples of another shared improvement project. Councilmember Godfrey asked if there is demand for additional outdoor pickleball space. Mr. Berkowitz replied there is a demand for outdoor use, as players would rather play outside during the summer. Councilmember Godfrey asked how scheduling would work. Mr. Berkowitz replied that it would be open play. Councilmember Schue commented this seems like a reasonable accommodation with the School District that would benefit students and residents and was interested in pursuing this further. Councilmember Shafto stated this request makes sense as he often receives requests for pickleball courts from the community. He noted this is also centrally located. Councilmember Godfrey expressed some concern with residents paying for the project twice through the City portion of the funding and the School District portion of the funding. Mayor Barthel confirmed the support of four Councilmembers in pursuing this request further. HAWKRIDGE PARK PARKING LOT DISCUSSION/26-28 Mr. Berkowitz presented the staff report and stated the City Council is requested to discuss proposed improvements to Hawkridge Park Parking Lot, City Project 26-24. Councilmember Godfrey asked and received confirmation that there would be no change in safety or drainage with the proposed plan. She asked if there is any potential impact to the cost by postponing the project by one year. Mr. Berkowitz estimated the change in cost would be about three percent, but estimated that it would still be within the $250,000 range. Mayor Barthel confirmed the support of the full Council to postpone the project to 2027 and move forward as presented by staff. DISCUSS POTENTIAL CELL TOWER – TIMBER TRAILS PARK Mr. Janish reviewed the staff report and explained staff is looking for Council direction regarding having a cell tower constructed in Timber Trails Park. Councilmember Schue asked if this would provide revenue outside of the permits. Mr. Janish confirmed there would be a lease for the space. He provided additional information on the details that would be spelled out through the lease and Conditional Use Permit, which would provide a Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 10 mechanism for removal of the equipment if it were no longer being used. Councilmember Schue asked if there was additional input from the Park and Recreation Commission on their feelings about having the tower in the park, in addition to the input they provided on the potential location. Mr. Janish stated in this location, they attempted to avoid conflict with the play fields. Councilmember Godfrey stated City Code dictates that space be provided for four tenants, whereas this would provide space for three tenants and asked for more information. Mr. Janish explained a different design could be used, other than a monopole, or an amendment could be made to the policy if that were desired. Councilmember Godfrey noted the proposed location would not seem to meet the requirement for the fall zone. Mr. Janish stated this would be designed to “crumple” rather than fall over in lieu of meeting that requirement. Ms. Cotton confirmed the support of all five Councilmembers in support of the request. REVIEW 2027 PROPOSED BUDGET Mr. Brezinka stated City Administration has been focusing on the 2027 Annual Operating Budget Development process over the past few months and is looking to update the City Council and seek direction as the preparation of the 2027 Annual Operating Budget proceeds. Councilmember Godfrey referenced the Minnesota Paid Leave program, which had far more participation than anticipated, and asked if the cost for participation would increase in 2027. Mr. Brezinka stated he would assume that cost will increase but was unsure of how much that would be. Ms. Cotton commented there is a statutory maximum, but expected that the legislature would need to review the program as well, as they are hearing it is severely underfunded. Councilmember Godfrey referenced the debt service levies and asked if a new equipment certificate will be needed when the current certificate matures. Mr. Brezinka replied that future costs would move towards the capital equipment projects levy. Councilmember Godfrey referenced the road and bridge levy for 2027 as proposed and asked about the expected result in miles and average road rating after one year. Mr. Berkowitz estimated an average rating of 6.5 to 7 and noted an average of ten miles are completed per year. 2027-2031 DRAFT CAPITAL IMPROVEMENT PLAN SUMMARY DISTRIBUTION Mr. Brezinka reviewed the staff report and stated the Council is requested to review the information and provide directions to staff on the summary 2027 – 2031 CIP. The Council did not have any questions. Andover City Council Workshop Meeting Minutes – July 28, 2026 Page 11 OTHER TOPICS No comments. FUTURE AGENDA ITEM REQUESTS Councilmember Schue referenced comments made by a resident at the last meeting during open forum and asked for more information on the status of that item. Ms. Cotton commented the item was not able to make the agenda tonight and stated that staff will reach out to him to schedule a meeting where he can discuss his questions with staff. She stated the City Council has opined on the topic of cul-de-sac length and emergency access recently, which seem to be the issues that apply to his request. Mayor Barthel stated he reached out to the resident as well to explain the policy and offered to meet with the resident and staff if the resident desires. Councilmember Schue referenced an email he received from a resident requesting an ethnic day/month to celebrate Norwegian and Swedish heritage and asked about the City’s policy on these types of requests. Ms. Cotton advised that such requests do not fall under formal policy or require Council action, warning that taking official action could set an unintended precedent for future requests. Mayor Barthel stated he offered the resident the opportunity to speak during the open forum to share their message. COUNCIL COMMITTEE UPDATES Mayor Barthel provided an update on QCTV, noting that Karen George retired and the search for a replacement failed; therefore, an Interim Director was selected who has not yet been made public. He stated his prior comments related to QCTV funding are very serious, as the revenue generated from franchise fees continues to drop as more customers make the switch from cable. ADJOURNMENT Motion by Shafto, Seconded by Schue, to adjourn. Motion carried unanimously. The workshop meeting adjourned at 9:05 p.m. Respectfully submitted, Amanda Staple, Recording Secretary