HomeMy WebLinkAboutCC March 21, 2000
, CITY of ANDOVER
/ 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
Regular City Council Meeting - Tuesday, March 21, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes
Discussion Items
I. Anoka County Sheriff Monthly Report sheriff
2. Preliminary PlatINorth Valley RidgelEd Fields & Sons Continued ppfields
3. Final Plat/Grey Oaks/Grey Oaks, Inc. fpgreyoaks
4. Approve Supplemental Feasibility/98-29/Grey Oaks (Phase I & II) appr9829
5. Master Plan ProposallBunker Lake Blvd Redevelopment Area/Leonard Parker & Associates bunker
6. Table Sketch PlanlDave Harris harris
7. Discuss Park Dedication and Trail Fees for New High School & Elementary School parkded
Staff, Committees, Commissions
8. Community Center Study Phase II, Con't center
9. Submit List of Applicants to Anoka County Board/Coon Creek Watershed District ccwd
10. Discuss Information Services Technician Position position
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Non-Discussion/Consent Items
11. Approve Plans & Specs/99-35/Woodland Estates 2nd Addition appr9935
12. Approve ResolutionINo ParkingIWoodland Estates 2nd Addition nopark
13. Approve Final Plat/Shadowbrook 6th Addition fpshad6
14. Re-approve Use of 1999-2000 CDBG Funds cdbg
15. Approve Change Order #2/99-21/Sunshine Park Shelter co29921
16. Approve Quote/Playground Equipment/Timber Rivers Park quote
17. Approve Resolution for an Outdoor Recreation Grant Program/99-2/Hawkridge Park appr992
18. Approve Resolution for an Outdoor Recreation Grant Program/Wild Iris wildiris
19. Award Bid/00-3/2000 Crack Sealing bidOO3
20. Award Bid/00-4/2000 Seal Coating bidOO4
21. Request to hold Project/OO-8/Sunshine Park Parking Lot Expansion & Trail Improvement holdOO8
22. Request to Hold Project/99-34/Crosstown Blvd Bikeway-Walkway Improvement hold9934
23. Approve Change Order #1/98-28/Shadowbrook 5th Addition co19828
24. Release Escrow/80-3/Downtown Center esc803
25. TIF Debt Service Transfer Resolution tif
Mayor/Council Input
Payment of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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) DATE: March 21. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clr6)J;
ITEM NO.
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Approval of Minutes
The City Council is requested to approve the following minutes:
March 6, 2000 Regular Meeting
March 9,2000 Special Meeting
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I DATE: March 21, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
Richard Fursman
ITEM NO.
\. Anoka County Sheriff Monthly Report
BACKGROUND:
A representative from the Anoka County Sheriffs Department will be present to provide the Council
and the citizens of Andover an update on happenings around the City.
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: March 21 , 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Andover Review Committee
AGENDA ITEM
Preliminary Plat (Discussion Continued)
~. North Valley Ridge
Ed Fields and Sons
The City Council approved the preliminary plat of North Valley Ridge located in Section
15 at their March 6, 2000 meeting. The Council approval included a redesign of the plat
as proposed by residents that showed Raven Street NW, a temporary cul-de-sac, being
reconstructed as a permanent cul-de-sac. The Council directed the residents and the
developer to negotiate the configuration and to comeback with an assurance that the
permanent cul-de-sac would be constructed. The Council left it up to the residents and
the developer as to who would pay for costs of the reconstruction. The Council also
/ granted variances to Lots 10 & 11, Block 1 for lot width requirements.
Staff recommends the Council consider the following:
1. A design or layout of the cul-de-sac be done to City Standards by the proposer(s).
2. Escrow or letter of credit be received to guarantee the reconstruction of the cul-de-sac.
Staff estimates the cost of the reconstruction at $12,500.00. This amount reflects the
removal and replacement of the existing temporary cul-de-sac. An overlay and widening
of the existing cul-de-sac may be possible, thus reducing the cost.
3. Dedication of the necessary easements by the adjacent property owners of the cul-de-
sac.
4. Construction of the cul-de-sac shall be done under the supervision of the City
Engineering Department.
The Council should be aware that since the March 6, 2000, Council meeting, some
residents in the Nightingale Preserve Plat along 157th Avenue NW have voiced their
opposition to the redesign. The Council can expect to hear this testimony at the meeting
tonight.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 2 L 2000
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AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
Final Plat Community Development Director
Grey Oaks -PUD
8. Grey Oaks, Inc.
Request
The City Council is requested by Grey Oaks, Inc. to approve the final plat of the Planned Unit
Development of Grey Oaks. Included in your packet materials is the final plat, final landscape
plan and the association documents. In addition, the revised preliminary plat of Grey Oaks and
the preliminary plat of Andover Oaks submitted by the developer has also been included in your
packet materials for your review.
Ordinance No. 10. Section 11. Final Plat Requirements
Section 11.02 requires the City Council to act on the final plat within sixty (60) days of the date
J of which it was filed with the City Clerk. The final plat shall not be approved if it does not
conform to the preliminary plat including all changes required by the Council, or does not meet
the engineering and design standards and specifications of the City.
Minnesota Statutes 462.358. Subd. 3b.
Subd. 3b. states "Following preliminary approval the applicant may request final approval by the
municipality, and upon such request the municipality shall certify final approval within 60 days
ifthe applicant has complied with all conditions and requirements of applicable regulations and
all conditions and requirements upon which the preliminary approval is expressly conditioned
either through performance or the execution of appropriate agreements assuring performance. If
the municipality fails to certify final approval as so required, and if the applicant has complied
with all conditions and requirements, the application shall be deemed finally approved, and upon
demand the municipality shall execute a certificate to that effect."
Backl!round
The final plat was submitted to the City on January 25, 2000. The sixty (60) day period for
Council action expires on March 24, 2000. The Council must take action on the final plat by
said date. The Council must consider the above stated ordinance provisions and statutes in
J making the decision or taking action on the final plat. Attached are copies approving the Special
Use Permit for the Planned Unit Development and the preliminary plat (Resolutions R055-99
and R056-99) which shall be considered in the Council decision.
Page Two
"- Other Applicable Ordinances
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Ordinance No. 112, An Ordinance Regulating Planned Unit Developments, requires the City
Council to approve the association documents and the final landscape plan. The association
documents must be approved by the City Council prior to the approval of the final PUD plan
or plat.
Preliminary Plat Review
Staff continues to work with the developer in reviewing the preliminary plat for compliance with
the ordinances and policies of the City, and the conditions as stated in Resolutions R055-99 and
R056-99. Review No.8 was submitted by Pete Raatikka, Hakanson Anderson on Thursday,
March 16, 2000. Staff is currently reviewing Review No.8 and will present outstanding issues
to the Council at the meeting. The sixty (60) day extension of the preliminary plat granted by
the City Council expires on April 30, 2000.
Final Plat Review
Outstanding items or items of correction on the final plat will be presented at the meeting.
Association Document Review
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As the Council is aware, the association documents do not address condition no. 5 of Resolution
No. R055-99. In addition, the Engineering Department has a number of issues for Council
discussion as indicated on the attached memo from Scott Erickson, City Engineer.
Development Standards
The City Council will need to approve the Revised Development Standards with the Revisions to
the Preliminary Plat.
Andover Oaks Submittal
Included in your packet is the preliminary plat of Andover Oaks consisting of 474 units of 18-
24 unit buildings. Staff has included with this report the background information from the
developer and his legal council explaining the intent ofthe submittal.
Staff asks for direction from the Council on how the City should proceed with this submittal.
The developer on December 14, 1999 submitted a revision to the Grey Oaks plat consisting of
516 units of 24-30 unit buildings. Staff handled the submittal as a new project and proceeded
/ with the sketch plan process. This would also be the process Staff would recommend to the
Council on this submittal.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R055-99
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CHESTERTON
PARTNERSHIP FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE
SENIORfEMPTY NESTER DEVELOPMENT CONSISTING OF TWO 65 UNIT
APARTMENTS, SIX 30 UNIT APARTMENTS, THIRTY-EIGHT TOWNHOMES, FOUR
SINGLE F AMIL Y HOMES AND THREE COMMERCIAL LOTS TO BE KNOWN AS THE ~
SUBDIVISION "GREY OAKS" ON THE PROPERTY LEGALLY DESCRIBED BELOW.
WHEREAS, Chesterton Partnership has requested a Special Use Permit for a Planned Unit
Development to develop a mixed use seniorlempty nester development consisting of two 65 unit
apartments, six 30 unit apartments, thirty-eight townhomes, four single family homes and three
commercial lots to be known as the subdivision of "Grey Oaks" pursuant to Ordinance No.8,
Section 4.18, Planned Unit Developments on the property legally described as follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22, Township 32, Range 24,
, Alloka County, Minnesota. Subject to easements of record ifany; and
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WHEREAS, the City Council has reviewed the request and has determined that said request
does not meet the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission
finds the proposed use will not be detrimental to the health, safety, morals and general welfare of
the occupants of the surrounding lands; and
WHEREAS, the City Council finds the request would not have a detrimental effect on the
property values and scenic views of the surrounding area; and
WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8, Section
4.18, Planned Unit Deve!cpments; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and there
was opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommended to the City Council the denial
of the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
disagrees with the recommendation of the Planning and Zoning Commission and will allow
Chesterton Partnership to develop a Planned Unit Development on said property with the
following conditions:
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Page Two
Resolution
Special Use Penn it - Planned Unit Development
Grey Oaks - Chesterton Partnership
I. All variances associated with the approval of the Special Use Pennit for the Planned Unit
Development shall be approved with the approval of the preliminary plat.
2. That the Special Use Penn it shall be subject to a sunset clause as defined in Ordinance No.8,
Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Penn it for the Planned Unit Development shall be contingent on the
approval of the preliminary plat of Grey Oaks.
5. A property owners association shall be created with the following documents provided to the
City for review and approval by the City Council prior to being recorded with the final plat
in accordance with Ordinance No. 112:
, a. Articles ofIncorporation
/ b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas and age restrictions so as to comply with Minnesota
Statutes 363.02, subd. 2(2)(b) and Federal Fair Housing Act Amendments 42 U.S.C.A.
3607 (b )(2).
6. Grey Oaks will be a phased development in keeping with the development guidelines in the
Andover Comprehensive Plan which indicates the Grey Oaks area is in two development
time frames. It will be developed in two phases so no comprehensive Plan amendment will
be needed.
7. Should, after passing the Special Use Penn it and the preliminary plat, the developer change
his mind about following the Minnesota and federal statutes mentioned in Item 5,c, the
Special Use Penn it and preliminary plat will then be null and void and full reapplication
must be made for both the Special Use Penn it and preliminary plat.
Adopted by the City Council of the City of Andover on this 2nd day of March. 1999.
CITY OF ANDOVER
ATTEST
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Victoria Volk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
ST.-HE OF MINNESOTA
RES. NO R056-99
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED
UNIT DEVELOPMENT OF "GREY OAKS" BY CHESTERTON PARTNERSHIP
LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA.
WHEREAS, the Andover Review Conunittee has reviewed the preliminary plat;
and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning
Commission recommends to the City Council the denial of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby disagrees with the recommendation of the Planning and Zoning Commission and
approves the preliminary plat with the follo\o\ing conditions:
I. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR,
Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site.
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2. Bikeway/walkway construction alcng the right-of-way of Hanson Boulevard NW (Cost share
of 50/50 split between developer and City).
3. Contingent upon approval of the Special Use Permit for the Planned Unit Development.
4. Address TKDA and Iv1FRA comments the satisfaction of the City.
5. Address Engineering Department comments to the satisfaction of the City.
6. Address Planning Department comments to the satisfaction of the City.
7. Park dedication per Ordinance No. 10, Section 9.07.
8. The owner shall dedicate all easements at the time of the final plat.
9. Contingent upon staff review and approval for compliance with City ordinances, policies and
guidelines.
10. The development shall be phased so as to not require a comprehensive plan amendment.
II. The number of parking spaces shall be consistent with the use.
12. The RVlboatltrailer storage area along Nightingale Street NW shall be eliminates; however,
a small storage facility for equipment to be used to maintain Grey Oaks shall be permitted,
but there will be no entrance onto Nightingale.
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Page Two
Resolution
Preliminary Plat - Planned Unit Development
Grey Oaks - Chesterton Partnership
13. The road design along 155th Lane MW between Hanson Boulevard and Hummingbird Street
NW shall be reconfigured to meet better safety standards as determined by the City.
14. A copy of all variances as presented by the developer consisting of four pages which was
received by the City on December 3, 1998, as amended, shall be attached to the preliminary
plat and become the only listing of variances approved on the plat.
15. All street within the plat shall be public roads with no parking.
16. A detailed landscape plan for Grey Oaks, including the species, size and number of plants.
shall be attached to and become part of the plat. Such landscaping must be acceptable to.
the Andover Review Committee.
17. A tree protection plan acceptable to the City must be approved prior to any excavation.
18. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
19. The acceptance ofa signed shared parking agreement in the commercial area to satisfy
/ parking stall requirements.
20. All units not marketed for senior or empty nester shall provide a minimum parking of2.5
parking spaces per unit.
21. The issue of public and private trail locations and crossings be mutually agreed upon by the
City and the developer.
22. All grading, drainage, flood elevations, erosion and geotechnical issues still outstanding be
agreed to by both parties prior to any construction work being undertaken.
23. A suitable location for a City well which is agreeable to both the City and the developer.
Adopted by the City Council of the City of Andover this 2nd day of
March ,19--2L.
CITY OF ANDOVER
ATTEST:
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Victoria Volk, City Clerk
, Memorandum
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DATE: March 17, 2000
TO: David Carlberg
FROM: Scott Erickson
RE: Covenants for Grey Oaks
The following issues will need to be addressed regarding the covenants for Grey Oaks:
1. A maintenance program and fees should be established for repairs of common improvements. Items
such as parking lots, common park facilities, private stormsewer, maintenance of some of the stormwater
ponds will need to be addressed and $ allocated for both the short term and long term repairs and
replacements.
2, Some of the stormsewer is private and should be so indicated with the appropriate maintenance $
allocated for it.
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3. Who is constructing the proposed Park Facilities as shown on the development plans? It does not
appear that these items are addressed as facilities constructed by the developer. Should they be? A
maintenance program and associated $ should be provide for the maintenance and upkeep.
4. Page 7, Item I, indicates that the association has a right to utilize the unpaved right-of-ways for
plantings. The right-of-ways are controlled by the City and use of them should only be by approval of the
City.
5. Page 7, Item J, Fencing should be indicated that it will need to comply with city codes.
6. Page II, Item E, Recreational Facilities, can the rec. facilities identified in the development plans be
eliminated by the association?
7. Page 12, Item G, Public Sidewalks, it is my understanding that the internal sidewalks are to be private
and are to be maintained, repaired and replaced by the association. The only private sidewalk would be
located on the east side ofthe development around the commercial area. The covenants should hold the
city harmless for the construction of private sidewalks in the city right-of-way. The location, design and
construction of these sidewalks will need to be reviewed by the city prior to installation.
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8. Page 14, Item G, Does this relate to the City?
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9. Should not a maintenance program and appropriate $ be identified more clearly in the covenants?
10. Additional comments will be provided as these items are further discussed,
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/ March 9, 2000 Hand Delivered " ,"-"'''1
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Mr. David Carlberg \
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Community Development Director \
City of Andover I .__...J
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1685 Crosstown Blvd. ' ~';:;.,~"..,.
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Andover, Mn. 55304
Re: Filing of the Preliminary Plat of Andover Oaks
Dear Mr. Carlberg,
Weare as of today formally filing with the City of Andover the Preliminary
Plat of Andover Oaks. Included with this letter are the following documents:
(1) 10 Copies of the Preliminary Plat
(2) 10 Copies of the Grading, Drainage and Erosion Plans
(3) 10 Copies ofthe Tree Protection Plan
/ (4) 10 Copies of the Utility Plan
(5) 2 Copies of the Stormwater Management plan
The Preliminary Plat of Andover Oaks is being filed under the M-2 Multiple
family Zoning District that exists at present on this property. This plat does
not provide for any single family or twin town homes or any commercial
property, as the existing City of Andover Ordinances do not allow these
types of uses in an M-2 zoning district.
After reviewing data regarding various potential housing markets, it has
become very clear to us that a critical shortage of life-cycle housing exists in
the metropolitan Twin Cities market, especially as it relates to low and
moderate housing.
It is our intent with the Plat of Andover Oaks to provide life-cycle housing
including low and moderate housing. Low and Moderate housing is defined
as a house or condo unit selling for up to $134,500.00 or renting for up to
$715.00 per month for a two bedroom unit. We will be investigating sources
such as the Metropolitan Council and the MHF A to find out what grants,
'. loans, programs or other sources of funds that may be available, to help
/ provide life-cycle housing. I hope to approach the City of Andover and ask
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for any financial assistance that the City can provide, to help solve the
/ critical housing shortage that exists for people who have limited income.
I would also hope that the City Of Andover recognizes the need for low and
moderate income housing and is willing to work with us to provide this type
of housing. I realize that some elements of City government will
immediately try to stop this plat with administrative or procedural
maneuvers, Ordinance changes, or an attempt at re-zoning. Before you try to
do these things, I would ask you to think about whom you are trying to
eliminate from living in Andover. It may be your own son or daughter, or
your grandchildren, it could be the policeman who protects you or the people
who serve you at the restaurant. Think also of the assurances you have
recently given the Metropolitan Council.
Housing for low and moderate income people does not have to be bad
looking and more importantly, low and moderate income people are
generally hard working and honest. Just because people do not have a lot of
money, does not make them criminals or undesirable. In fact, people who
have limited means such as many of our parents did, may be some of hardest
"- working and most law-abiding people around. I look back at how little
J money I and my wife had when we started out. If the present City views
were in place then, we would not have been able to live in Andover and I
suspect that would also be true for a lot of present day Andover residents
including some or all of the present City Council. The City of Andover
should not become the place where only the wealthy -- but not the hard
working -- can purchase a new home or live here.
It should be pointed out that low and moderate income people do not need
extras services or public transportation, most have some means of
transportation in order to get to their jobs, many work two jobs just to make
ends meet.
Also, enclosed with this preliminary plat filing is a Grey Oaks Inc. check for
$15,000.00 for plat review and filing costs. In the event any other forms are
required or additional money is needed to file the preliminary plat of
Andover Oaks please inform me in writing of the request.
We would like to request that representatives from the surrounding
neighborhoods be invited to review meetings between Grey Oaks Inc. and
) the City of Andover. We would like to receive their input as the plat
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.~ , progresses through the approval stage. Ifthe neighbors, the City, and we
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work together, hopefully we can solve the various issues and have an end
product that is an asset to Andover.
In closing the City of Andover should not use Zoning controls, Ordinances
or other governmental controls to keep people with lesser means out ofthe
City. To do so is morally unjust and is not based upon any rational basis.
Some ofthe discussions that has taken place at City meetings, when coupled
with some of the written documents that exist, are borderline and one could
easily consider them to be discriminatory. I hope this stops and we all move
forward for the common good of all people including the less fortunate.
Sincerely
~W~~
Jerry Windschitl, President
Grey Oaks Inc.
/ CC. Mayor and City Councilmembers
Natalie Steffen-Metropolian Council Representative
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LEONARD, STREET AND DEINARD
PROFESSIONAL ASSOCIATION
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March 13,2000 RECEIVED JOSEPH M. FINLEY
651-291-3528
MAR 1 4 2000 jmf1970@leonard.com
VIA MESSENGER
Mr. David Carlberg erN OF ANDOVER
Community Development Director
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Grey Oaks
Dear Mr. Carlberg:
As you know, our firm is acting as special counsel to Grey Oaks, Inc. and Gerald Windschitl
with respect to the Grey Oaks Project. A while back you wrote to Mr. Windschitl inquiring
/ whether the final plat and related documents submitted by Mr. Windschitl were on an "informal"
review basis or were submitted for final action. I believe Mr. Windschitl has already responded
to you in writing. I am writing to confirm that the submission was made for final action by the
City Council, not for informal review. Mr. Windschitl expects that his application for final plat
approval will be heard at the next council meeting (which I believe is on Tuesday, March 21 st).
We have worked very diligently to supply all information, data and documents required for staff
and counsel to make a fully informed decision on the final plat of Grey Oaks. The City attorney
has informed us that he considers the Association documents and Declaration deficient in one
respect: that they do not contain covenants restricting the Grey Oaks project to "over 55"
housing as that term is defined in the Federal Fair Housing Act <hid related Minnesota Statutes.
We believe that by the night of the final plat approval hearing, our client will have satisfied every
other condition of approval that was expressly set forth as a condition on the preliminary plat
approval resolution.
The City has recently issued its "Review No.7" of the plat, in which, among other things, it
appears to impose numerous new conditions to final plat approval that go significantly beyond
the conditions expressly set forth in the Resolution approving the preliminary plat. To set the
record straight, any such new conditions to final approval are contrary to law. Minn. Stat.
S 462.358, which authorizes municipalities to enact subdivision ordinances, in Subpart 3.B
describes when approval of a plat is mandatory:
22.70 MINNE.SOTA WORLD TRADE CENTER 30 EAST SEVENTH STREET SAINT PAUL, MINNESOTA 55101 TEL 65I~22.2-745S FAX 6S1-222-7644
1918818v3 (154k$03!.DOC) LAW OFFICES IN MINNEAPOLIS, SAINT PAUL AND MANKATO
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Mr. David Carlberg
March 13,2000
Page 2
Following preliminary approval the applicant may request final approval by the
municipality, and upon such request the municipality shall certify final approval
within 60 days if the applicant has complied with all the conditions and
requirements of applicable regulations and all conditions and requirements upon
which the preliminary approval is expressly conditioned (emphasis added).
We assume that the City will act lawfully at the final plat approval hearing and not attempt to
impose new or additional conditions.
As a courtesy I also want to let you know that our client has submitted, for preliminary plat
approval, an alternative plat for the land covered by Grey Oaks. The alternative plat will be
called "Andover Oaks." Given the controversy which has surrounding the special use pennit
issued for the Grey Oaks project, this new preliminary plat will be for a use which is entirely in
keeping with the current zoning of the property and should not require a special use pennit Gust
plat approval). Because of the public promise of support the City has recently given to the
Metropolitan Council for low- and moderate-income housing in Andover, we assume the City
(and the Metropolitan Council) will be very pleased with this alternative proposal. The new plat
proposal is not intended to withdraw or delay the current Grey Oaks final plat. We still want a
timely, final decision on Grey Oaks. If the Grey Oaks final plat, with the current documentation,
is approved, the alternative plat of Andover Oaks would of course be withdrawn. If the Grey
/ Oaks final plat is not approved, we expect to diligently move the alternate plat through
preliminary approval.
Very truly yours,
, STREET AND DEINARD
JMF/rvk
cc: William Hawkins, Esq. (by facsimile)
Jerry Windschitl (by facsimile)
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1918818v3 (154k$03!.DOC)
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21. 2000
,
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickso~
Engineering
ITEM NO.
Accept Supplemental Feasibility Report!
~8-29/Grey Oaks (Phase I & II)
The City Council is requested to approve the resolution accepting supplemental feasibility
report, waiving public hearing, ordering improvement and directing preparation of plans and
specifications for the improvement of Project 98-29 for sanitary sewer, watermain, street and
storm sewer in the area of Grey Oaks (Phase I & II).
The feasibility report was updated to include the 2000 trunk area and connection charges for
this project. This resolution also indicates that the plans and specifications will be developed
for the second phase of this project.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
IMPROVEMENT OF PROJECT NO. 98-29 FOR SANITARY SEWER. WATERMAIN.
STREET AND STORM SEWER IN THE FOLLOWING AREA GREY OAKS (PHASE I & II)
WHEREAS, the City Council did on the 6th day of March, 2000 , order the
preparation of a supplemental feasibility study for the improvement; and
WHEREAS, such supplemental feasibility study was prepared by TKDA and
presented to the Council on the 21 st day of March , 2000 ; and
WHEREAS, the property owners have waived the right to a Public Hearing; and
WHEREAS, the City Council has reviewed the supplemental feasibility study and
declares the improvement feasible, for an estimated cost of $1.097.457.85 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby receive the supplemental feasibility report with an estimated total cost of improvements
J of$ 1.097.457.85 waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to
prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council that the developer has previously
escrowed $ 165.000.00 for the preparation of the plans and specifications and this shall be
carried forth and applied to this project.
MOTION seconded by Council member and adopted by the
City Council at a reaular meeting this 21 st day of March , 2000 , with
Council members voting
in favor of the resolution, and Council members
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
,
MRR-13-Z000 1Z:Z8 651 Z9Z 0083
P . 0Z/leU
Estimated~Andover Special Assessments
Revised 3-13-2000
Project Name: Grey Oaks Project No. : ~
Feasibility Report Date: July 6, 1999 Amount: $ 847,875.60
Contract Award Date: Amount:
Final Contract Sanitary Sewer $ 230,131.00
Watermain $ 150,084.00
Trunk Raw Water Watermain $ 37,130.50
Storm Sewer $ 189,784.10
Streets $ 219,884.50
Trail $ 20,861.50
Amount: $ 847,875.60
Estimated Expenses
Engineering: $ 130,000.00
Aerial Mapping (1 % of street) $ 2,198.85
Drainage Plan (0.3% of street/storm) $ 1,229.01
Administration (3%) $ 25,436.27
Assessing (1%) $ 8,478.76
, Bonding (0.5%) $ 4,239.38
Legal & Easement $ 5,000.00
Advertising $ 500.00
City Costs (includes inspection) $ 50,000.00
Street Signs $ 3,500.00
Testing $ 4,000.00
Construction Interest $ 15,000.00
Total Estimated Expenses $ 249,582.25
Expenses Multiplyer 29.4362%
Estimated Project Cost Amount: $ 1,097,457.85
,
7 11692
MAR 13 '00 12:39 651 292 0083 - ..
PAGE. 02
MRR-13-2000 12:28 651 292 0083
P.03/07
Irunk Source and Storage
/ .
Watermain: Connection Charge 301 EA $ 1 ,375.00 $ 413,875.00
Area Charge 36.2 AC $ 1,195.00 $ 43,259.00
Lateral Charge o LF $ - $ -
San. Sewer: Connection Charge 301 EA $ 312.00 $ 93,912.00
Area Charge 36.2 AC $ 1,145.00 $ 41,449.00
Lateral Charge o LF $ - $ -
Storm Sewer: Area Charge OAC $ - $ -
Total Trunk Source and Storage $ 592,495.00
Other Costs
Seal Coating 17,500 SY $ 1.00 $ 17,500.00
Lift Station $ 117,475.00
City Cost: Bike Trail $ (4,047.65)
City Cost: Trunk Sanitary Sewer $ (73,830.40)
City Cost: Trunk Water $ (12,296.44)
City Cost: Raw Water $ (48,060.30)
/
Total Amount to be Assessed $ 1,686,693.06
Assessment Rate per SAC Unit
$ 1,686,693.06 = $ 5,603.63 per SAC Unit
301
. Note additional non-residential water connection
charges may apply to the commercial buildings.
These charges are to be determined at the time the building permit is applied for.
,
/
8 11692
MAR 13 '00 12:39 651 292 0083 -
PAGE. 03
MAR-13-2121121121 12:28 651 292 12112183
P.12I4/1217
Assessment Rate Calculations
J
, Sanitary Sewer
Final Construction Cost $ 230,131.00
Less City Cost $ (57,040.00)
Total Cost $ 173,091.00
Plus Expenses 29.4362% $ 224,042.39
Assessable Sanitary Sewer Cost
$ 224,042.39 = $ 744.33 per SAC Unit
301
2 Watermain
Final Construction Cost $ 150,084.00
Less City Cost $ (9,500.00J
Total Cost $ 140,584.00
/ Plus Expenses 29.4362% $ 181,966.57
Assessable Watermain Cost
$ 181,966.57 = $ 604.54 per SAC Unit
301
3 Storm Sewer
Final Construction Cost $ 189,784.10
Less City Cost $ -
Total Cost $ 189,784.10
Plus Expenses 29.4362% $ 245,649.30
Assessable Storm Sewer Cost
$ 245,649.30 = $ 816.11 per SAC Unit
301
/
9 11692
MAR 13 '121121 12:39 - ...
651 292 12112183 PAGE. 1214
MFlR-13-2121121121 12:28 651 292 12112183
. P.12I5/12)<(
4 Streets
/
Final Construction Cost $ 219.884.50
Less City Cost $ -
Total Cost $ 219.884.50
Plus Expenses 29.4362% $ 284,610.11
Assessable Street Cost
$ 284.610.11 = $ 945.55 per SAC Unit
301
5 Seal Coating
Future Seal Coat Cost $ 17,500.00
Assessable Seal Coating Cost
$ 17,500.00 = $ 58.14 per SAC Unit
J
301
6 Trunk Watermain Area
Total Area Charge $ 43,259.00
Assessable Watermain Area Cost
$ 43,259.00 = $ 143.72 par SAC Unit
301
10 11692
MAR 13 '121121 12:39 651 292 121083 PAGE. 1215
MAR-13-2000 12:28 651 292 0083
, t-' . I::lb/\::rt
7 Trunk Sewer Area
/ Final Area Charge $ 41,449.00
Assessable Sewer Area Cost
$ 41,449.00 = $ 137.70 per SAC Unit
301
8 Bike Trail
Final Construction Cost $ 20,861.50
Less City Cost $ (3,129.23)
Total Cost $ 17,732.28
Plus Expenses 29.4362% $ 22,951.98
Assessable Bike Trail Cost
$ 22,951.98 := $ 76.25 per SAC Unit
/
301
9 Lift Station
Grey Oaks share of lift station cost: $ 117,475.00
Assessable Lift Station Cost
$ 117,475.00 = $ 390.28 per SAC Unit
301
11 11692
MAR 13 '00 12:40 ....- - --
551 292 0083 PAGE. 05
MRR-13-212!12!12! 12:29 651 292 12112183
. ' , P.12!7/12!7
Assessment Summary.
1 Sanitary Sewer $ 744.33
2 Watermain $ 604.54
3 Storm Sewer $ 816.11
4 Streets $ 945.55
5 Seal Coating $ 58.14
6 Trunk Watermain Area $ 143.72
7 Trunk Sanitary Sewer Area $ 137.70
8 Bike Trail $ 76.25
9 lift Station $ 390.28
Watermain Connection .
10 $ 1,375.00
11 Sewer Connection $ 312.00
Assessment Rate per SAC Unit $ 5,603.62
'Note addilional non-residential water connection
charges may apply to the commercial buildings.
/ These charges are to be determined at the time the building permit is applied for.
/
12 11692
MAR 13 '00 12:4121 TOTAL P.07
651 292 0083 PAGE. 07
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: March 2 L 2000
J
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. Q,
Master Plan Proposal/Services Contract David L. Carlberg
Leonard Parker & Associates Community Development Director
Bunker Lake Blvd. Redevelopment Area
The City Council is requested to consider the attached service contract with Leonard Parker &
Associates. The contract provides for services for the creation of a master plan on the area north
of Bunker Lake Boulevard NW between Crosstown Drive NW and Crosstown Boulevard NW.
The City Council and EDA have discussed the potential redevelopment ofthis area. The
contract amount would be funded from Community Development Block Grant (CDBG) funds
allocated by the City over the past two years for this specific purpose.
03/17/2000 08:44 FAX 6128716868 LEONARD PARKER ASSOCIATE ~002
The Leonard Parker Associates A Pori 01 'Ilia Durrant Group
Architects, Inc.
" 430 Oak Grove. Minneapolls, Minnesota 55403
J Fax 612871-6868 www@parkerarch.com
Telephone 612 671-6864
17 March 2000
I
Mr. David L. Carlberg
Community Development Director
City of Andovl.-T
1685 NW Crosstown Boulevard
Andove1', lVfN 55304
Dear Dave:
Thank you for the oppOTtunity to submit this proposal for architectural services to conceptually master plan
known as Crosstown Redevelopment Area for Multiple Family District. We understand that the housing
requirements, density, character will be determined at a workshop that is planned for late March/early
April.
We have received one aerial plan of the site .md upon agreement to this proposal you will supply us with
CAD dl'awings ofthc site rTOm which we can work.
We assume that the City of Andover's Engineer will be available to address civil engineering issues at a
conceptual level to assist with our efforts. We understand that we win be supplied with accurate CAD
backgrounds.
I
/ We understand that the schedule for this work is accelerated and that a ilnal schedule will be determined at
our first workshop/focus session.
COMPENSATION, lump sum:
Conceptual Planning $ 12,500.
The pTopo~al includes one Focus Session, one Concept Workl;hop to review planning option and one
Presentation to Council. Deliverables include one t1nal rcndl.-Ted coloT plan, one street character color
sketch.
Reimbursabl{;': expC11ses will be billed at 1.1 times cost and include dcllvery, long distance telephone and
reproductions as needed. Cost ofmvel outside the Twin City metropolitan area is also reimbursable at
S.321mile.
If there arc additional services that you determine are needed, we would he pleased to discuss them with
you and to negotiate a fee Tl.--vision as appropriate.
h1 consideration of risks to The Leonard Parker Associates (TLP A) in rendcrlng professional services in
connectiol1 with a pToject of this limited scope of service, the Client agrees to make no claim and hereby
waives, to the fullest clltent permitted by law, any claim or cause of action of any nature against TLP A, his
or her officers, directon;, employces, agentS or Sllbconsultants which may 311se out of or In connection with
this project or the pel'fonnance, by any of the parties abovcuamed, of the services under this agreement.
/ In addition, and notwithstanding any other pTovi~ions ofthis Agreement., the Client agrees, to the fullest
Leonard S. Parleer Slep.,>an S. HUh Gary J, Mahaffey Frana A. Bull:>ullan nay D. Greco
MAR 17 '00 08:49 6128716868 PAGE. 02
_. U~I ~, I ...UUU VO; 't't r/lA OJ.~O I J.OOOO ~U~A~ rA~~K ^~~U~!A!~ tgJ UUJ
The Leonard Parker Associates Architects. Inc.
A ParI oj The DUITcnt Group
\. extent penniued by law, 10 indemnify and hold harmless TLPA, his or h~T officers, din;cloTs, employees,
) agents and subcon$ultants from and against all damage, liability or cost. including reasonable attorney's
fees and defense costs, arising out of or in anyway connected with this project or the performance by any
of the pro:ties above named of the services under this Agreement, excepting only thosc damages. liabilitics
or costs attributable 10 the sole negligencl;: OT willful misconduct of the Leonard Parker Associatcs, in
which circumstances, TLP A's liability shall be Jimitl;:d to $25,000 or the dollar amounl of the fee,
whichever is greater.
lithe above conditions meet with your approval, please sign both copies of this lettC'r. Retain one copy for
your file, and retUrn one copy to our office.
If you have questions, please call. We look forward to hearing from you.
Sinc~Tcly,
THE LEONARD PARKER ASSOCIATES, ARCHITECTS INC.
Architecture an Interior Architecture ~'^'p~L't, \;U
~~~ ,.
-
Stephan Huh, F AlA Sara Rothholz Weiner
President and CEO S~'Iljor Associate
CITY OF ANDOVER
/
Signature date
ti;\\\TOfFlCE\61 FII.ES\$.....rv.\RU~l'F.Vlo:l.'^N LJOV ~1U_t''''O.DOC
/'
MAR 17 '00 08:49 6128716868 PAGE. 03
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21. 2000
~ ,
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
lof Community Development Director
Sketch Plan - Dave Harris Property Cont.
Section 33
Dave Harris
Request
The City Council is requested by Staff to table the sketch plan review to the Apri14, 2000
meeting. The tabling is being requested in order to consider the potential of redeveloping the
area along Bunker Lake Boulevard NW. Staff has discussed the tabling with Mr. Harris and he
has agreed as long as Staff made the request.
I
/
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21. 2000
~
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item
ITEM NO. Todd Haas/"
Parks
Discuss Park Dedication & Trail Fees for
" t New High School & Elementary School
The City Council is requested by the Park and Recreation Commission to discuss park
dedication and trail fees for the new high school and elementary school.
Attached are the meeting minutes of the February 1, 2000 City Council and the meeting
minutes of the March 2, 2000 Park and Recreation Commission.
Also attached is a list of other cities and the dedication requirements for institutional uses in
residential districts, which was given to the City Council in February.
/
Regular Andover City Council Meeting
/ Minutes - February 1, 2000
Page 9
(Consider Requestfor One-Year Extension/SUP for PUD/Preliminary Plat/Grey Oaks, Continued)
Mr. Carlberg explained the Special Use Permit for the PUD requires significant progress be made
to keep it valid. If nothing is done, the Council needs to extend it the same as the plat is extended.
Ten copies were brought to the City, but the bylaws for the association were not received until today.
Staff does not have an entire package to proceed with this project. Mr. Windschitl stated his attorney
delivered the bylaws last Tuesday to the City Attorney's office. His attorney called Mr. Hinzman
and was told the normal procedure is to deliver the bylaws to the Attorney, not the City Hall. To
his knowledge, everything is at the City Hall for the plat to proceed.
Motion by Jacobson, Seconded by Johnson, to extend the PUD and preliminary plat for 60 days.
DISCUSSION: Mr. Windschitl asked ifhe has a right to ask for another extension of everything is
not completed within the 60-day extension. Mayor McKelvey stated yes. Mr. Fursman asked the
Council to advise Staff if they are handling this properly. Staff assumes it is a priority item but
intends to make sure everything is completed before coming to the Council. Council member
Jacobson pointed out the applicant has indicated he wants to get in the ground as soon as possible.
Therefore, he should be motivated to get this done as soon as possible. Councilmember Knight
called the question. Motion carried unanimously.
,
(The Council recessed at this time to hold an HRA meeting, 9:10; reconvened at 9:16 p.m.)
~ DISCUSS ORDINANCE 10, SECTION 9.07/PARK DEDICATION REQUIREMENTS
Park and Recreation Commission Chairperson Dave Blackstad stated since the joint meeting with
the Council, the Commission has learned that the Slyzuk property was sold at $34,700 per acre,
which brings the average sale per acre to $29,000. Based on that, the park dedication fee should be
$1,550. The Commission is concerned that the rates not fall behind the price ofland sales.
The Council noted there are very few large parcel sales around to compare. While understanding
the concerns of the Park Board, this has been discussed twice in recent months. There was also
concern with basing the park dedication fees on the sale of one parcel of land. It was suggested the
park dedication fees remain as is until the end of the year, then review it at that time.
Chairperson Blackstad stated another concern is how the large lot in the Woodland plat that is
designated for a church should be treated for park dedication. Should it be considered commercial
or 10 percent plus the trail fee for residential or does it pay $1,300 for one lot? The Council didn't
feel a church should be considered commercial development. It is zoned R-4, and churches are
/ allowed in that zone with a Snecial Use Permit ReC2tllSe the ordinance requires park dedication ner
"-- 101, th, d'dication to, th, ohu<<h lot would be ~ on, lot. It w~ .1'0 noted tho intent w~ th, rm
would be based on when the preliminary plat was approved so the developers would know the costs
in the planning stage of their developments.
"-
Regular Andover Park and Recreation Commission Meeting
Minutes - March 2, 2000
Page 8
~
Motion by O'Toole, seconded by Grabowski, to change the order for the Sunshine Park Shelter,
Project 99-21, to purchase a three post message board and keep the four post message board.
Motion carried on a 5 - ayes, 0 - nays, 2- absent (Tom Anderson, and Kieffer), and 0- present
vote.
REVIEW ISSUES LIST
:Mr. Haas reviewed the items on the issues list.
CHAIRMAN'S REPORT
:Mr. Haas stated that there are three handicapped individuals who use the Timbers Rivers Park
and suggested that the Commission consider installing a handicap swing at the park for
approximately $1,500.
Motion by Grabowski, seconded by O'Toole, to approve $2,000 in park dedication funds to be
used for an ADA T-Swing to be installed at Timber RiversPark. Motion carried on a 5 - ayes, 0
- nays, 2- absent (Tom Anderson, and Kieffer), and 0- present vote.
Commissioner Grabowski inquired if any detennination has been if the school district will be
required to pay park dedication fees and stated that they should at least be charged the trail fee.
Mr. Haas replied that he will bring the issue to the City Council.
,
ADJOURNMENT
~ Motion by Grabowski, seconded by O'Toole, to adjourn. Motion carried unanimously. The
meeting adjourned at 9:40 p.m.
Respectfully submitted,
Nanci Libor, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
I
C:::.C. PA./<.Ji1 AND lZEc. C..m",,>.s/o~
Sheet1 e::. I '7 ~~~^'G'1.. - :z/,r/~
/'flEl'rtNG.
, PARK DEDICATION (INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS)
.
/ i
CITY INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS
I
I
CHANHASSEN 10% MARKET VALUE OF LAND
EDEN PRAIRIE NO CHARGE I
ELK RIVER PER UNIT
LAKEVI LLE PER UNIT
MAPLE GROVE NO CHARGE
OAKDALE j10% MARKET VALUE OF LAND
PLYMOUTH . BASED ON ZONING DISTRICT
ROSEMOUNT PER UNIT
SAVAGE 110% MARKET VALUE OF LAND
I
/
J
Page 1
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: March 21, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Administration
Richard Fursman
ITEM NO.
~\ Community Center Study Phase II, Continued
REQUEST:
The City Council is requested to consider the second phase ofthe community center discussion. As
requested, a detailed proposal for services for the second phase of the feasibility study for a community
center has been prepared. The proposal for your review includes the services ofBWBR Architects and
Ballard King and Associates.
Some of the remaining questions the study will attempt to answer include, 'Will the citizens support it?
Where should it be constructed? How is the partnership structured?'
) Cost; According to the compensation portion of the proposal, the cost for the 2nd phase of the study
would be $53,800. If all three Cities and the School District participate, Andover's share would be
$13,450. The Council presently has allocated only $7,500 from CDBG funds toward the study.
/
-- 02124/00 15:31 FAX 651 222 8961 BWBR ARCHITECTS ~ 003/006
Proposal for Se:vices
, Phase II Feasibility Study
/ Tri-Cities Community CentCT
BWBR Commission No. 1998.131.01
Page 2
SCOPE OF SERVTCES
Citixen Participation Plan:
. Random phone survey oCpotential users. 450 total (150 in each cnTnn1llnity with a
margin or error of +/. .8%).
- Detennine needed data
- Identify sample parameters and audience
- Develop phone survey instrument and questions
- Administer and evaluate results
. Conduct public project workshops/focus groups, 4 total (1 per community, 1 comliined)
- Identify market segments and special interest groups
- Conduct public input sessions to gain responses from these groups
. Compile and interpret all information received
Programming Refinement:
. Projeet component recommendation/prioritization
- Validate or adjust the existing fllcillty program
- Determinc sizing and space allocation requirements
- Component relationships and interaction
. Development of program statcroc:nt consensus
/ . Operating strUcture and parameters
- Philosophy of operation
- Priorities or use
Final Site Analysis:
. Re.examine eOlch prelimin:lry site
- Development requirements
- Acquisition issues
- CODStrUctability
- Visibility
- Access
- Community presence/impact
. Reconunend a site preference
Conceptual Layout and Design:
. Site plan
. Spatial relationship of components
. Phasing plOln
. Conceptual plans/image
/
23 February, 2000 BWBR Architects. Inc. 199813101.doc
FEB 24 '00 15:34 651 222 8961 PAGE. 03
02124/00 15:31 FAX 651 222 8961 BWBR ARCHITECTS ~ 004/006
Proposal for Services
Phasc II Feasibility Study
J Tri-Cities Community Center
BWBR Commission No. 1998.131.01
Pagc 3
Operations Analysis:
. Attendance estimates
- Daily
- Annual
- By facility and/or component
. Fee structure
- Drop-in
- Multiple admissions/annual passes
- Family, corporate, group
- Rentals
. Sources of income
- Identification and verification ofrevcnue sources
. Operating cost projections
- Develop a line item budget
- Personnel by position
- Conll'aClUaI services
- Commodities
- Capiul replacCIIll::nt
. Revenue gencration projections
- Develop a line item accounting
- Admissions
/ - AnnuaVmultiple admissions
- Programs and services
- Rentals
- Other revenue sourees
. Revenue/expenditure comparisons
- Cost recovery level
. Project recommendations/profitability of components
- Mark.eting strategy
- Program/service considerations
Project Capital Cost Estimate:
. Site limitations
. Site prep/infrastrUctUre costs
. Building construction costs
. Equipment costs
.. Soft cost estimates
. Contingencies
. Total project cost estimate
PartnerShip Development:
. Development of basic partnership principles
- Capillll
- Operations
- Ownership
- Other
. Detennination of costlbenefit analysis
;
23 February, 2000 BWER Architects, Inc. 199813101.doc
~~~ ?d ,~~ ,~:<~ Cc:'1 .,.,.., oae, ot"'\r.'t:' '-'A
02124/00 15:31 FAX 651 222 8961 BWBR ARCHITECTS l4J 005/006
Proposal for Services
Phase II Feasibility Stl.ldy
/ Tri-Cities Community Center
BWBR Commission No. 1998.131.0 I
Page 4
Final Report:
. Written final report
. Conceptual dta wings
. Presentation ofreport
PREUMINARY PROCESS OUTLINJ:
1. Kick-off meeting with core group. (Establish core group, discuss goals, format, sites,
schedule, etc.)
2. Site analysis
3. Three (3) evc:ning meetings with individual community focu.~ groups (identify needs,
review trends, build consensus).
4. Conduct phone surveys.
S. Preliminary program and concept development
6. Meeting with overall community group. (Review small group input, preliminary program
and concept, build consensus.)
7. Refine program, site analysis, concept design based on overall community meeting.
8. Meeting with core group to review survey, focus groups, site alllllysis and preliminary
design.
9. Develop partnership, operations and fmancial models.
10. Meeting with core group to review parmership, operations .md fill3llcial models.
/ 11. Develop flIllll recommendations and presentation marerials.
!2. Meeting for final presentation.
FEASIBILITY STUDY PHASE 11 FINAL REPORT
. Survey results
. Focus group summary
. Finalprograrnreco~dations
. Site analysis :md rccommendation
. Concept plans and images
. Project capillll cost estima~e
. Operational cost estimates
. Partnership options
Project deliverables will include 40 copies (10 each) ofa fma1 report including the
infom1ation lisred above.
We are available to begin the Phase II study process immediately and look forward to working
with you on this exciting project.
. COMPENSA TTON
CompCIlSlltion for Phase n Feasibility Study shall be slump sum of Forty-Six Thousand
Dollars ($46,000). Reimbursable expenses :l.I'C in addition to fees and include six (6) trips for
Ken Ballard to the twin cities :lre:l, the cost of reproduction, long distance telephone calls, and
necessary courier services. Ken Ballard's travel expenses will be billed at cost; all other
reimbUISsble expenses will be billed at One and One Tenth (1.1) times the cost to BWBR.
Tob! reimbursable expenses lire estimated at Seven Thousand Eight Hundred Dollars
/ (:;....,....')\
23 feblU3ry, 2000 BWBR Architects, Inc. 1998 13! 0 l.doc
FF~ ?4 ,~~ 1~:,~ ~~1 ??? I'lq~1 PQr:~ lAC::
02124/00 15:32 FAX 651 222 8961 B\\'BR ARCHITECTS I4l 006/006
PIopoSlll for Services
Phase II Feasibility Stud)'
, Tri-Cities Community Center
BWBR Conunission No. 1998.131.01
P:lgc 5
This Agreement may be tenninatcd by either party upon seven (7) clays written notice:. In !he
event of termination, BWBR shall be compensated for all services performed priOT to !he
termination date, together with reimbursable expenses.
Because of factors beyond the control ofBWBR and the Owner, actual bids and negotiated
construction costs may vary from such estimates of construction cost which we may prepare as
a part olthis study. Accordingly, BWBR does not warrant such estimates.
If this proposal is acceptable, please sign and date on the space provided below and return one
copy to us, retaining !he other copy for your file.
In closing leI me say that BWBR and Ballard~g and Associates understand the e:omplex
issues involved in the decisions you will be asked to make reg:lTding this project. We are
committed to provide you with the kind of information you need to make those key decisions.
Weare focused on Il participatory procesS that will allow citizen input to the fullest extent
possible. We look forward to worldng with you and thank you for your consideration of
BWBR and Ballard*King and Associates. If you have any questions on this proposal, please
do nothcsitalc to conlact me at 651/290-1953.
Respectfully submitted, Accepted:
BWBR ARCtlln:CTS, INC. SCHOOL DISTRICT if))
~
~'''''k.^,^
Principal
adb (TypediPrinted Name and Tille)
Date:
Accepted: Accepted: Accepted:
CITY OF ANDOVER CITY OF ANOKA CITY OF RAMSEY
(Typed/Printed Name and Title) (Typed/Printed Name and Title) (TypcdlPrinled Name and Tide)
Date: Date: Dale:
/
23 FebruaI)', 2000 BWBR ArchiteCtS, Inc. 199813101.doc
FEE 24 '00 15:36 F.'), ??? RqF., PQr::~ VI':'
<5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, DATE: March 21 , 2000
/
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Scott Ericksonct::
Engineering i
ITEM NO.
Submit List of Applicants to Anoka County Board/
Coon Creek Watershed District
q.
The City Council is requested to submit to the Anoka County Board of Commissioners the
attached resumes from residents who are interested in serving on the Coon Creek Watershed
District Board of Managers
Three residents have submitted their letter of interest for this position. Mr. Jeffrey Knoll is the
current watershed district board manager from our area and has expressed an interest in
being re-appointed to the position.
) The City Council is requested to make a recommendation to forward to the Anoka County
Board of Commissioners.
/
tl'lj'tLJ LtlLl tl~:tll::l bl:'U828771 LA PAGE 132
Coon Creek Watershed District _.<~,...-"
, !"} :-: ;.-,. ~..- ~ \/ t~ f)
ti.~_""JL.l \: Lt,.;
J l;-~-2000
Don Skelly
15131 Yellow Pine Street NW
Andover, MN 55304
(763) 434-2238 CITY OF ANDOVER
(763) 421-5435 Office
dlkllllyOh.nlOftbulla....net
ft1lf.ll"~lllllW1W1ilU1ilK.mD~rer.lJ.'Ur.ll:II~IfICm'_~t.-MlIJt~,,_~lUrtIIlItWMftlRm~MllmriliftYlr.f&':I_Mr.~M~IIOl~
1996 - Present
Hanson Builders, Inc. Custom home builder. Primary responsibilities Includes all pre-construction operatIons -
Andover, MN marketing, sales management, specifications formulation. Also responsible for financial
(763) 421-5435 operations of company. DIrect report to Dean Hanson, President.
~ratJonll Mana~r
l!tl 91i~lll&.:lMlJICtl:UWiHl'WNII ~tIIUIIftlitrernJ~!I!l#'llUn&!l!)~ltIflIIU1.WltUtmi~~I#~IM~~Mmlmw;MII~I"m>>"I'!.lM'IIi'QIR~~~mll'J!'.11Mft;J;flJm~~lllMWJ.'ll
1989 - 1996
Lexus of Wayzata Luxury automobile dealershIp. Responsibility for all Service, Parts, and Customer
Wayzata, MN satisfaction for Lexus of Wayzata, Lexus of Maplewood. Direct report to Steve Bennett,
(612) 476-6111 Chief operating Officer.
Fixed OperaUons Director
~til':'!t;"\'hiiil'4l/im;lllflllfl'llM1IIfttilWIr.illU!:tt!ll~nll!!~!I_!lt.,.,,1Itln;MUIl2nl~!_l!jrl!Wflfl~!ft!lC1JlittJtJIII\!~l'lmIl.m:!..'1i1'l't.n'I~ilh.51'~Pl~~m~ltl.",II:ll'~AI!lli'1lft1r.I!TtM~~~lIIf~lN~~
1986 - Present
Andover Resident
;ltIlUll"'"ttlltWlllnr.liWMlr'{I~~I~"m~II!Wljj:lCJ~",illmr.nInIUI:!?t~ilJl~!jlJi"ntUt_1D"-I~W!liml'l1tl111'l1_r.lIfIjRll~~ffii!!:irn!l!:}flJn:!ll'nml:tt~ltmllfl.m'DMU!ttmrn~WIII(Ml!l1lml"J1m!fmlIPntltl~;rrW~W1m[WlIjl,\~"'~
1991 - 1994
Meadow Creek Christian SChool
Andover, MN
School Board Member
'r.iOOl~U!~..:f,fI1~J.'1IMi'lmrutt:mll!mtll!lItI!1m~Ir>>Mllltimmnd~itl1."'~lfJI:1ECl!lII'\,lii;mJa~-"9rltmIItJal:m."~l'!It~~mtllli'l;n..1i..wfil5:l.!,ii:lr.~_.c.~.i,~~Iil.......a_,,...~lroflPM
A991 - 1994
Meadow Creek Church
Andover, MN
Church Board Member
11_'_r,rol___I\lmllI~r"'lIJIllillmtlllMlmlll"lIlIlll~lIIlm~_,_mlJ1lillllJ!l1""'IIl'lOliIrJl',Il!IM_''''-I!lIl1mltJl\"",""'IIIli~llOi_'__-.Jmll4lilll!llm'll!lIVlll'J!IlI'Ii!'\--
1983 - Graduate
College of St. Thomas
St. Paul, MN
BA Business Admlnlstrlltlon
"!WI\-1t:r.P.l!R,!Utl$r"I~~IJfllJlal~rnrnl\'Unlll'V!mIJIllO!t~!I~~!Itl.l!I~.!lUI'litftmllM!'ft1tMtIlrn'!!t!lffJft1ll'!ft""'IlI~""mll!ImMIllM'MM:IWI~tn!W!"!"""I!'1f~11~mn1!l1m:ltMmml!'l=rt~~Q\lIJtr,r.~mttr"lfIf1M1'1
Interellt: As a resident of almost 15 years In Andover, I have followed the growth of our city. I
have oftentimes found myself uninformed about city matters. I have served on various
other volunteer committees and I am ready and interested to help serve the
government body In this area. My career has equipped me to be a very effective
communicator, and a team player. My recent experience In the home building business
has given me some foundational understanding In some of the Issues dealt with
InvolvIng wlltershed. 111m anxious to serve.
MM,,",1!~m"U"MllIIi8!il\'ftjI,lfPaIIltUlltllln~M~~~""?/!II'I~~fmill'r_~tII~I!I~M'!mml!m1!I!trrr.'l1~nl~ltr.f!lillnlltlJm:iI'II'l$'lI~l!lfllmrl'
References: Dean Hanson JImmy Jones
President, Hanson Builders, Inc. Lead Pastor, Horizons Community Church
15 Year Acquaintance 4 Year AcquaIntance
MAR 14 '00 20:16 6127828771 PAGE. 02
,
/
March 12, 2000 RECEIVED
/
Andover City Council MAR I Ll 2000
1685 Crosstown Blvd
Andover, MN 55304 CITY OF M'-mOVIL
Dear City Council:
This is a letter of application for the position on the Coon Creek
Watershed District Board of Managers. This position was recently listed in
the March 2000 Andover Today newsletter.
As a 25 year resident of Andover, living within 1/4 mile of Coon Creek, I
have watched Coon Creek roll along while our community has grown. I
have hiked it in hip boots, canoed it in several seasons, examined its
course on topographic maps, and yes, even soaked myself while training
2 young labrador retrievers in its waters.
My undergraduate education includes 12 credits of limnology and my
graduate level background includes 12 credits of aquatic ecology and
pollution effects.
, As an instructor of Aquatic Ecology, among other sciences, at Champlin
) Park High School, I have been personally involved in three major water-
monitoring projects the past three years:
_ monitoring 4 runoff/settling ponds twice annually for the City of
Champlin, using 9 geochemical tests
_ monitoring Elm Creek macroinvertebrates twice annually as part
of a Hennepin Conservation District project
_ collecting 9 geochemical tests on the Mississippi River for
submission to a water quality data base, twice annually
Suffice it to say that at this point in time I only have one job to juggle, and
I am especially interested in this Watershed Board position. Specifically,
I am most interested in watching the process of building a new high
school on a site adjacent to Coon Creek, and designing settling ponds in
a natural as possible state to ameliorate runoff effects.
Sincerely,
~~~~
Mark Gugisberg 7
J Enclosed: Personal Vita
VITA - Mark Gugisberg - page 2
Education: Enrolled in Ph.D. program, Curriculum and Instruction, (All But Dissertation)
Satisfactorily passed written preliminary examinations, June, 1991
\, Satisfactorily passed oral preliminary examinations, May, 1992
/ Sabbatical leave, University of Minnesota, 1st semester, 1992-93
Supervised student teachers, fall quarter, 1992
Sabbatical leave at the University of Minnesota (1983-84 school year)
105 graduate quarter hours beyond Masters degree, University of Minnesota
M. Ed. - Science Education, University of Minnesota, 1981
B.S. - Science Education, Bemidji State University, 1972
Military Retired September, 1998, after 27 years military Reserve duty
Service: Served 2 years as Reserve Intelligence Area Commander, in command of 4 units, 8 full
time staff, and 160 members in the 7-state North Central U.S. region
Served 3 years as Chief of Staff, Naval Intelligence Program
Retired at the rank of Captain, U.S. Naval Reserve
Recipient of Letter of Commendation from Intelligence Area Commander
PreVIously management staff, Training and Readiness, five state area
Served as Commanding Officer and Executive Officer, Intelligence unit
Past team leader, intelligence production
Formerly Quality Contol department leader
Twenty years of annual two week duty, including:
- Judge of research paper competition, Naval Science Awards Program (4 ys)
(Recipient of Letter of Appreciation from Chief of Naval Research)
. Navy judge, International Science Fair, team leader (12 yrs)
. Chaperone of 25 Navy scholarship winners on awarded trip (3 years)
. ADP conference planning
. Intelligence assessments of real world problems
. Mobilization exercise preparations
) . Fleet intelligence production
. Participation in fleet exercises
- Attendance at a variety of intelligence analyst courses
. On-the-job mobilization readiness training
Hold certified qualifiCations as:
. Operational Intelligence Officer (General)
. Tactical Intelligence Officer
. Multisensor Intelligence Officer
. Operational Intelligence Officer (Analyst)
. Photographic Intelligence Officer
. Basic Intelligence Officer
. Antisubmarine Warfare Intelligence Officer
. Instructor
- Communications Watch Officer
Served on active duty, oceanographic research, 1972 - 1975
Recipient of Meritorious Service Medal, Meritorious Unit Commendation, Armed
Forces Reserve Medal (twice), National Defense Service Medal (twice), Joint
Meritorious Unit Citation
Community Speaker for Scouting Sustaining Membership Enrollment drive
Service: Original Scoutmaster of Boy Scout Troop (Andover School, four years)
Original Cubmaster for new Cub Scout Pack (Andover School, two years)
Completed Woodbadge advanced leadership training, Counselor for 8 Merit Badges
ProCessional Minnesota Academy of Science, past Executive Board Member
, Organizations: Sci-Math Minnesota, National Science Standards Implementation Team,
/ Minnesota Science Teachers Association, past Executive Board Member
Life member of Alpha Phi Omega national service fraternity (Scouting)
Naval Reserve Association
The Retired Officers' Association Updated March , ~OOO
VITA - Mark Gugisberg
Addresses: 14608 Drake Street Northwest Champlin Park High School
Andover, Minnesota 6025 l09th Ave North
55304-3431 (since 1975) Champlin, MN 55316
/ Home: 612-434-6838 Office: 612-506-6885
Qualifications: Seven years teaching high school science (Jan 93 - present). including:
. Aquatic Ecology
. Minnesota Geology
- Enriched Biology with student Science Fair projects
. Biology
. Ninth grade physical science
. Aviation Science I and II Electives
. Science Club advisor
. Coordinate independent student research projects
Seven years - science/math resource s.pecialist for GiftedfTalented program (1985-92): 0 -1/ 0 1'1ft -'L.+ 1 ~
. Facilitated gifted program design for nine secondary schools
. Implemented a unique gifted program model districtwide
. Provided staff development for 80 teachers of gifted students
. Judged International Science and Engineering Fair, seven years
. Implemented gifted identification procedures for 38 schools
. Supervised curriculum differentiation procedures in science and math
. Fostered independent student science research through science fairs
. Served on secondary science curriculum review committee
- Taught an Honors biology seminar, grade ten
. Facilitated teaching of creative inventing in numerous classrooms
. Coordinated District participation, two junior high math competitions
. Coached students in science academic competition, three high schools
/ . Chaired secondary science fair steering committee
. Chaired review committee for students proposing vertebrate research
. Developed tests using higher order thinking skills, Bloom's taxonomy
. Assisted in future and creative problem solving training
- Participated in telementoring grant, using bulletin board system (BBS)
. Trained staff/students; laservideo, BBS's & electronic literature searches
. Provided support training on student learning styles
. Helped develop an advanced mentorship pilot and ensuing program
- Provided liaison for a computerized weather station grant
. Recruited students for a university-level accelerated math sequence
. Obtained evaluation from a gifted student advisory group
. Planned a retreat to encourage fourth/fifth grade girls to enjoy science
. Recruited coaches for Odyssey of the Mind creative problem solving
. Served on committee designing laboratory rooms for a new high school
. Facilitated District participation in state computer problem solving contest
. Served on Districtwide Gifted Education Advisory Committee
. Served on Ad Hoc committee which acquired $94,000 grant
. Coordinated and chaperoned numerous unique, advanced field trips
. Judged at Engineering, Science and Humanities Symposium, multiple years
Ten years teaching iunior high school sciences (1976 - 85), including: (Rce>s e.v ...\t .T('. l~ 'j") 8(Cl:Yl~
- Seventh grade life science '
. Eighth grade earth science
. Ninth grade physical science
. Research on computer assisted instruction
, . Research on energy education instruction
, . Pioneered computer use in science classrooms (dating back to timeshare)
. Coached junior high school swimming
. Officiated four athletic sports (football, soccer, basketball, swimming)
. Presenter of educational research results at Science Teacher Convention
/ R:--flElil'-DI " \
[x"L' 1,(_ 1
U^D I f.l ""'''~n
IViM 'oJ /t:fi, ' 01
March 11, 2000 _----~~- _., '
CI'TV I,'"", ' '
! "
Andover City Council"-: ~"',' ',.: '
1685 Crosstown Blvd.
Andover, MN 55304
In response to your notice seeking a person to serve on the Coon Creek Watershed District Board
of Managers, I am sending you my resume. I have a strong interest in maintaining my position as a
manager on the Coon Creek Watershed District Board. As a current manager, I have the
background and knowledge necessary to represent the interests of Andover in the area of watershed
management. As a lifetime resident of Andover I have a deep concern for the well-being of our
community and it's natural resources.
Thank you for your consideration. If you need additional information or refrences, I can be reached
at (763) 421-4678 or (763) 421-3257.
, ~ -<), ~4d
~rey s.:a
J
Jeffrey Knoll
3301 157th Ave NW
> Andover, MN 55304
ObJective: Position as a Coon Creek Watershed District Manager
Qualifications
. Current Watershed District Manager
. Strong practical and theoretical foundation in managing land use and strong interest in
environmental issues
. Excellent management skills and experience
Communltv EXDerlence
. Anoka Conservation District Supervisor from 1990 to 1994
Professional Experience
/ Vegetable Grower 1969 - present
Own and operate farm business in City of Andover.
U.S. Navy 1968 -1973
Education
Anoka High School, 1966 Graduate
St.Cloud State University, 1966 -1968
)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21 . 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Staff Finance
Jim Dickinson
ITEM NO.
I fh~cUSS Information Services Technician
Request:
The City Council is requested to authorize staff to negotiate a contract with the City of Elk River to
partner in the hiring of an Information Services Technician.
Backl!:round:
March 10,2000 was the last day of employment for the City's MIS Intern. This individual was
scheduled for 20 hours per week and performed such duties as daily computer operations,
maintaining the network servers, setting up new computers, PC troubleshooting, and maintaining
the City's website.
/ The Technical Committee discussed with the Intern on his last day the duties, and agreed that
there is a definite need for a staff member to fill the same or an accelerated role into the future.
Current staffing does not provide an efficient solution to our needs. One thought was to bring
back the partnering with another city, which was done previously with the City of Champlin in
1998.
Over the past week I contacted neighboring cities to see how they are meeting their Information
Technology needs and the thought ofpartnering with the City of Andover to share an employee.
Of the cities contacted, most have already hired an individual to handle their needs and have no
spare technician time. The City of Elk River did indicate that they would be interested in
partnering with the City of Andover (up to 16 hours per week) and will be discussing the concept
at their March 20, 2000 council meeting.
The intent is for the City of Andover to hire an individual as a Information Services Technician,
provide the standard benefit package and to share that cost with the City of Elk River based on the
percentage of hours each city uses.
Funding in 2000 would be from the 2000 Data Processing Budget and 1999 Data Processing
carry forward. Funding beyond 2000 would be part of the budget process.
If there are any questions related to the request please do not hesitate in contacting me.
f
@ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\
J
DATE: March 21, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Ericksond(
Engineering
ITEM NO.
Approve Plans & Specs/99-35/Woodland Estates 2nd Addition
~\.
The City Council is requested to approve the resolution approving plans and specifications
and ordering advertisement for bids for Project 99-35, Woodland Estates 2nd Addition.
)
'\
J
CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-35 ,FOR_
WOODLAND ESTATES 2ND ADDITION
WHEREAS, pursuant to Resolution No. 036-00 , adopted by the City
Council on the 15th day of February ,2000, MFRA has prepared final
plans and specifications for Project 99-35 for Woodland Estates 2nd Addition.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 21 st day of March ,2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids
to be opened at 10:00 AM, April 25 ,2000 at the Andover City Hall.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 21st day of March , 2000 , with
Council members voting in
favor of the resolution, and Council members voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: March 21 , 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, #
Engineering
ITEM NO.
Approve Resolution/No ParkinglWoodland Estates 2nd Addition
l.a.
The City Council is requested to approve the resolution approving no parking for the following
locations in Woodland Estates 2nd Addition.
1. Uplander Street NW between 150lh Avenue NWand 15151 Avenue NW.
2. 15151 Avenue NW between 160 feet west of Uplander Street NW and Thrush Street NW.
3. Thrush Street NW between 15151 Avenue NWand 15151 Lane NW.
4. 15151 Lane NW between Uplander Street NW and Thrush Street NW.
5. Uplander Street NW between 15151 Lane WN and north property line of Woodland Estates
2nd Addition.
The bikeway routes were approved at the City Council meeting of December 7,1999.
/
/
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES ON CERTAIN
STREETS LOCATED IN WOODLAND ESTATES 2ND ADDITION
DEVELOPMENT.
WHEREAS, the City Council approved the bikeway route as part of the
preliminary plat at their December 7, 1999 regular meeting.
WHEREAS, the City Council believes restricting the parking will provide a
safe route for bicycles which is recommended by AASHTO.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover
that there be no parking located on both sides on the following streets:
1. Uplander Street NW between 150th Avenue NWand 15151 Avenue NW.
2. 1515t Avenue NW between 160 feet west of Uplander Street NW and
Thrush Street NW.
/ 3. Thrush Street NW between 1515t Avenue NWand 15151 Lane NW.
4. 15151 Lane NW between Uplander Street NW and Thrush Street NW.
5. Uplander Street NW between 1515t Lane WN and north property line of
Woodland Estates 2nd Addition.
Adopted by the City Council of the City of Andover this 21st day of March,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk_
,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21. 2000
,
A~ENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Planning
ITEM NO. \~, David L. Carlberg
Approve Final Plat Community Development Director
Shadowbrook Sixth Addition
The City Council is requested to approve the resolution approving the final plat of Shadowbrook
Sixth Addition. The final plat is found to be in compliance with the preliminary plat. It is
recommended that the final plat be approved subject to the stipulations and conditions listed on
the attached resolution.
Note: The variance was approved as part of the approval of the preliminary plat.
,
;
/
CITY OF ANDOVER
COUNTY OF ANOKA
, STATE OF MINNESOTA
RES. NO. R -00
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF SHADOWBROOK SIXTH
ADDITION, AS BEING DEVELOPED BY BUNKER. LLC, IN SECTIONS 25 &
36-32-24.
WHEREAS, the City Council approved the preliminary plat of
Shadowbrook Sixth Additon ; and
WHEREAS, the Developer has presented the final plat of Shadowbrook
Sixth Addition.
WHEREAS, the City Engineer has reviewed such plat for conformance
with the preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Shadowbrook Sixth Addition
contingent upon receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation costs as determined
by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
.' determined by the City Engineer or if the site is completed, a letter from the
developer's engineer that lots and streets are graded according to the grading plan
submitted and approved by the City.
4. The final plat not be signed by the Mayor and Clerk until there is an executed
Development Contract, escrow paid (15% of the total costs for the improvements for
the property {streets, utilities, etc.}) and a contract for the improvements awarded.
5. Street light costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if necessary.
7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers,
DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may
be interested in the site,
8, Park dedication as recommended by the Park and Recreation Commission.
9. Variance to Ordinance No. 10, Section 9.03(G) to allow the length of cul-de-sac
streets of 141st Avenue and Conttonwood StreeU142nd Avenue NW to exceed the
500' maximum length requirment by 250'.
Adopted by the City Council of the City of Andover this 21st day of March ,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"- DATE: March 21, 2000
/
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Hay
Parks
ITEM NO.
Re-approve Use of 1999-2000 CDBG Funds
\~,
The City Council is requested to re-approve use of 1999-2000 CDBG funds that are available
for park handicapped accessibility projects that are to be spent by the end of this year.
Earlier this year the City Council had approved the use of the grant towards new playground
equipment for Terrace Park. Because none of the area met the low to moderate income per
household the City will not be able to use the CDBG funding for purchasing playground
equipment. The City of Coon Rapids has areas of population that meet the 48% low to
moderate income per household and this is the reason the grant can be used to purchase
playground equipment.
Attached is a list of projects the Park and Recreation Commission is recommending to do
. ) which is basically building ADA trails to the existing playground equipment area and also
providing AFDA rubber surface from the edge (timber border) to the playground structure itself.
'\ Paths and Hard Surface;
/
Playgrounds that need it
Lions Park 30 feet of hard surface
Creekview 10 feet of hard surface
Langseth needs trail built to playground, then 10 feet of hard surface
Oak Bluff 25 feet of hard surface
Prairie Knoll needs trail built to playground
Northwoods East 30 feet of hard surface
Nordeens needs path built to playground, then 15 feet of hard surface
Woodland Meadows needs path built, then 20 feet of hard surface
Sunshine Shelter needs path built
J Timber Rivers needs path built, then 20 feet of hard surface
Chesterton 20 feet of hard surface
These playgrounds have the correct transfer point heights for ADA. Some ofthem
do not have a path up to the play area. All of these are newer playgrounds. The con-
tractor and yourself will need to look at each one ofthese to get the total feet needed.
All of them have options on how to run the paths or hard surface. I do not know how
you will want them run. A map is included and marked for you, as to where each of
these are at. There is no way all of these will get done with the funds you have. I do
not know which ones you want to do. This is the last time that I am spending any more
time on this project. Have the contractor let us know what we can do to get whatever
playgrounds ready for the work that they will be doing; sand removal, timbers, equipment
removals ect. We will do what we can, to help get the project done at that time.
~~~ y-q12f'---'
"
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21, 2000
J .
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd Haas/,
ITEM NO. Parks
Approve Change Order #2/99-21/Sunshine Park Shelter
\5.
The City Council is requested to approve the resolution for Change Order #2 for Project 99-21,
Sunshine Park Shelter as recommended by the Park and Recreation Commission.
The change order is to purchase a three post message board for Sunshine Park, which is to
replace the four post message board that was part of the original bid.
The Commission would keep the four post message board which would then be installed here
at the City Hall Park Complex #1.
The cost of the change order will be handed out at the City Council meeting.
, /
/
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 99-21,
SUNSHINE PARK SHELTER.
WHEREAS, the City of Andover has a contract for Project No. 99-21 with_
Odland Construction, Inc. of Stillwater, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 99-21.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 21st day of March ,2000,
with Council members voting in
favor of the resolution, and Council members
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk_
, CHANGE ORDER
J
CITY OF ANDOVER
Andover, MN March 21 ,2000. Change Order No.~
To Odland Construction. Inc.
For Proiect 99-21. Sunshine Park Shelter
For City of Andover
You are hereby directed to make the following change to your contract dated
Auqust 17 , 19~. The change and the work affected thereby is subject to all
contract stipulations and covenants. This change order will (increase) (decrease)
(no change) the contract sum by Dollars ($ ).
This change order provides for the following extra work:
Purchase a three post message board.
/
Approval City of Andover Approval Odland Construction, Inc.
Contractor
By By
City Engineer Date Date
J ,
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: March 21. 2000
, )
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd Haa~
ITEM NO. Parks..d
Approve Quote/Playground EquipmenU
I~ ~imber Rivers Park
The City Council is requested to approve the quotes as recommended by the Park and
Recreation Commission for the purchase of a handicapped accessible swing and backhoe
digger-wheelchair access for Timber Rivers Park.
Quote received were as follows:
Minnesota-Wisconsin Playground $2,325.20
Gametime $2,425.89
, This is to paid from the park dedication funds. Public Works will be installing the equipment.
J
I
/
MAK-IJ-UU WED 2:51 PM 12. WiS. PLAYGROUND FAX NO. 96125465050 P.
1/ 1
----'
MinnesotalWl Playground, Inc. c._Jf-' ;':"7" r"
GameTime~ ,::.J... ' L?)
P.O. Box 27328 ..
;
/ Golden Valley. MN' 55427
EnrichIng Chlldhood Through Play" Phone: 763-546-7787 1-800-622-5425
Fax: 763-546-5050
Date: 3/9/2000 Email: hlehman@gametime.oom
Proposal for GameTime Equipment
Ship Zip; 55304
Quote #; 2030691 City of Andover Bmail:
Todd Haas Phone: 6127555100
1685 Crosstown Blvd Fax: 612755 8923
Andover, MN 55304
~ ~ Description Wei~ht Unit Price Extended Price
1 10390 FIS Sg! Place Handi SwiM 397.0 1,772.00 1,772.00
1 9899 Backhoe Di,e.gex-Wheelchair Access 27.0 334.00 334.00
End of Line Items
Totals for Quote # 2030691 424.0 lbs. Sub Total: $2,106,00
Less Discount: $105.30 -
Tax: $130.05
FxeiJilit: $194.45
Total: $2.325.20
/ To Oxder : Please provide signed quotation and/or PO number, billing & shipping address, shipping site contact person
wI phonelfax, and colors.
Unless otherwise noted. prices shown axe materials only, they DO NOT include: assembly, installation. edging, safety
surfacing, removal of existing equipment, surface preparation, landscaping or bonding.
Customer's Signature Date
/
2010t;<) 1 (;itv of Anc1ovt:t 1 of I
MAR 15 '00 14:57 96125465050
PAGE. 01
:stNT BY: KEr SUffORT TEAM ; 3- 3- 0 :12:13fM : GAMET I ME, INC." 612 755 8323:# 11 1
150 GameTime Drive
Fort Payne, Alabama 35967 GameTime
Direct Telephone: 256/997-5309 a PlayCore Company
Facsimile: 256/845-9361
,
Fax
To: City of Andover From: Sheny GUlledge
Attn: Todd Haas
Fax: 612-755-8923 Date' March 9, 2000
Phone: 612-767-5131 Pages: 1
Re: Quote Proposal CCl File
o Urgent X For Review [J Please Comment o Plea.. Reply [J Please Forward
Qt;y Part# Descriotion Weight Unit Price Extended Price
1 10390 F/S Sgl Place Handi SWing 397 $1,772.00 $1,772.00
1 9899 Backhoe Digger-Wheelchair 27 334.00 334.00
Sub Total: $2,106.00
I Freight 183.00
I Tax 136.89
,
I Total: $2,425.89
T U UllJCJ. PI~;;.;; provid~ ~i9ned quotation ond/or PO numbor, billing 8. ~hipping
! address, shipping site contact person with phone numberlfax, and colors.
I
! Unless otherwise noted, prices shown are materials only, they do not include:
,
assembly, installation, edging safety surfacing, and removal of existing equipment,
, surface preparation, landscaping or bonding.
I
I
I Prices are firm for 30 days. Orders will ship within 4-6 weeks after receipt of order.
i
, Acceptance of this quote indicates your agreement to GameTime's Terms.
I
i. ,
: ,
I
I
I
MAR 09 '00 11:24 12059979653 PAGE.01
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21 , 2000
/
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas,
ITEM NO. Engineering /
Approve Resolution for an Outdoor Recreation
Grant Program/99-2/Hawkridge Park
\/,
The City Council is requested to approve the resolution approving Todd Haas to act as legal
sponsor for Project 99-2, Hawkridge Park as contained in the Outdoor Recreation Grant
Program Application. The application will be submitted to the Department of Natural
Resources for funding this project.
If the grant is approved, it would be used towards the construction of a warming house with a
picnic shelter attached.
A public hearing was held on March 16,2000 with the Park and Recreation Commission. The
, Commission received no comments regarding the improvements.
, /
I
I I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
BE IT RESOLVED that Todd Haas act as legal sponsor for the project contained in
the Outdoor Recreation Grant Program Application to be submitted on _
March 21 , 2000 and that Todd Haas is hereby authorized to apply to the
Department of Natural Resources for funding of this project on behalf of the City of
Andover.
BE IT FURTHER RESOLVED that the City of Andover has the legal authority to
apply for financial assistance, and the institutional, managerial and financial
capability to ensure adequate construction, operation, maintenance and
replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs
described on Item 4 and has not entered into any written agreements to purchase
property described on Item 3.
BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal,
State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
intere4st or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the
City of Andover may enter into an agreement with the State of Minnesota for the
above-referenced project, and that the City of Andover certifies that it will comply
with all applicable laws and regulations as stated in the grant agreement.
NOW, THEREFORE BE IT RESOLVED that Todd Haas is hereby authorized to
execute such agreements as are necessary to implement the project on behalf of
the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of the ~
of Andover on March 21, 2000.
SIGNED: WITNESSED:
(Signature) (Signature
'\
, I (Title) (Date) (Title) (Date)
, ',"
/. ~'.' ..
CITY ofANDOVER,'..~.
1685 CROSSTOWN BOULEVARD NoW. -ANDOVER, MINNESQTA 55304. (612)755"5100
, . . , " .
. . .' -,
CITY OFANDOVER . '.' '
~COUNTYOFANOKA ~.~. .'.
. . '.",.. . ' . ,-/
STATEOFMINNESOTA
. .".. .' .
, .' Notice, of Public Hearing on GrantApplication'~" ' ..,.... ~
. . . '. '-., " . . -. ,.
. ~
. projec:t,99+~2~;)'.,. . ." , '. .
Hawkridfje Park '.~.'~, . .
. . .~ "Andover; MN' ' .
, 'NOTICEISH. ER.E.BY. GIV...ENth.kt the A.. ndov...er P..ark.andRe,creat.io.n. Comm. '.ISSlon. ~.
of the City of Andover;' Anoka CountyfMinne~otawil\meet at Andover Ciiy'. Hall,
1685 Grosstown Boulevard Nw, in the City of Andover on March 16, 2000 at
"7:30PM, to consider then1aking of an Outdoor Recreation GraniApplic;atic)n
. ; through the Minnesota Department.... of.. .Natura'... Resowces'for 'the~ potential'
construction of a picnic shelter/warming ho~se with restroolT)satH~awkridge Park. ""
< locatedatt800,1 YerdinStreetNW\:yhichi~ 10catedinSectio.n~,. T()wnship32, ".
Rcmge 24: .:". ..' ..~'..~ '.' ...~. ..... ......... '.. ", ." .~. ........ ..... ..:.. .... . '. ~
'-" \, .. ";" .". ". ; '. -..,..... : :.' ... ,'" '- ,'- .,': . . -. ":",
AU writtenancj verbal comments will bereceive~at that time and location." . .'
. .... . . .... '.... . ~ . . ., ( . ,
The 'project scope .liVill.inciude constructi~ri of ,a new warming house . with
. ". restroomsa!1d aJlicnic shelter attached to the wa,rming house. .
. '.' - .
. . . . '. . . ." .
.' The implementation schedule would be as follows:
. Design woiJld becompl~tedduringthe wint~r of 2000~2001 ancfthecompletion ". . ~.
during the summer'of2001: .... ....... ., . .. ~ .' ,
. . . '" . . . ~ .
. '. The' overall: cosfof the projeGt Will ~ be approximately$150,Oob.., rhe proposed
financing is5Q% City funds and 50% DNRfunds. The City would propose. n6t to
assess to co. mmunityresidents.. Once the project iscomplefed'and'accepted by...
"~' the City of Andover,Jhe, Andover PublicWorkS,Department'wouldmaintain'ihe .
'. . park as they normally 80 on. all other City parks,' which are paid fOr from the .
. general funds; which Cire funds available fro IT) Gitytaxes:
According to the Gommuhity Deve.lopment application guidelines; the CitYrtlust .
'.supply a foreign sign Janguage '. interprete(if.. requested. .Ifan. interpreter. Is ~.'
needed, please contact VickiVolkor Todd'Haas at755~5100 byTuesdaYi March
~14i 2000; ..' . ..,.,... . .' '. ".
'. .
CITY OF ANDOVER
\ . '. .
,4~>Mb ~'~.,
Victoria Vol~- City Clerk
Publication Dates: . 3-1 O~OO. . . .
. . . I .'
;:~~'&:'i.~:~i{,;':~r' .PIN 33224220003.0 '_IN 33224230013.0
::~>';;'};.i :::.'~.~.-j
,;;(}/~~:':43224110001.0
\,.- .-...:.,.
,'\~:dANGELHOFF MICHAEL J HILKE MARY & ROBERTS PATRICK CRAFT TODD L & JONI L
,/ "1 CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
, /,8 181ST AVE 18030 UPLANDER CT 17850 UPLANDER ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 43224110004.0 PIN 33224220002.0 PIN 43224120011.0
NIEMANN DENNIS & JEANETTE SOLLARS DAVID W & BRENDA K TELLE LLOYD 0 & ALICE
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2421179TIIAVE 2351180TIIAVE 18001 ARROWHEAD ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 33224220010.0 PIN 43224120012.0 PIN 43224110002.0
OLSON EUGENE C ROBERTSON MATIffiW & SHERI ENGEL DOUGLAS
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
17900 UPLANDER ST 17931 ARROWHEAD ST 2521179TIIAVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 43224110003.0
JOHNSON RICHARD A & SONDRA
OR CURRENT RESIDENT
2451179TIIAVE
ANDOVER, MN 55304
/ J
HO w k- ~ er'd92- -
J
SEP 17 '99 15:47 P.3
~11-1999 18:00 651 292 Ge83 P.03/04
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CONTY ~
RlJAD NO. 59
PRDPOSED HA\JK RIDGE PARK IMPROVEMENTS \. )
/ r
" = 100' f
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21. 2000 '0
/
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Approve Resolution for an Outdoor Recreation
~.Grant ProgramlWild Iris
The City Council is requested to approve the resolution approving Todd Haas to act as legal
sponsor for Wild Iris Park as contained in the Outdoor Recreation Grant Program Application.
The application will be submitted to the Department of Natural Resources for funding this
project.
If the grant is approved, it would be used towards the construction of a parking lot, playground,
relocation of the ballfield and to pave the existing trails.
A public hearing was held on March 16, 2000 with the Park and Recreation Commission. The
Commission received no comments regarding the improvements. . ,
/ '0
/ U
'\ CITY OF ANDOVER \J
J
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
BE IT RESOLVED that Todd Haas act as legal sponsor for the project contained in
the Outdoor Recreation Grant Program Application to be submitted on _
March 21, 2000 and that Todd Haas is hereby authorized to apply to the
Department of Natural Resources for funding of this project on behalf of the City of
Andover.
BE IT FURTHER RESOLVED that the City of Andover has the legal authority to
apply for financial assistance, and the institutional, managerial and financial
capability to ensure adequate construction, operation, maintenance and
replacement of the proposed project for its design life.
BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs
described on Item 4 and has not entered into any written agreements to purchase
property described on Item 3.
I BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal, <.)
State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of
intere4st or other unlawful or corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the state, the
City of Andover may enter into an agreement with the State of Minnesota for the
above-referenced project, and that the City of Andover certifies that it will comply
with all applicable laws and regulations as stated in the grant agreement.
NOW, THEREFORE BE IT RESOLVED that Todd Haas is hereby authorized to
execute such agreements as are necessary to implement the project on behalf of
the applicant.
I CERTIFY THAT the above resolution was adopted by the City Council of the City
of Andover on March 21 , 2000.
SIGNED: WITNESSED:
(Signature) (Signature
,
) (Title) (Date) (Title) (Date) U
PIN 323224220029.0 PIN 323224220028.0 PIN 323224220027.0
BUELOW BERNARD J & SUSAN M KUDUK DAYTON E & PAMELA K KERCHNER LINDA M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
';2 139TH LN 3840 139THAVE 3826 139TH LN \-.J
~~ ,..-mOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240068.0 PIN 323224220005.0 PIN 323224240067.0
TOTEV KIRIL A & MARIA M TONGUE WILLIAM R & JILL S ROSS SHAWN & BAILEY MARIA
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13714 UNDERCLIFT ST 13936 WOODBINE ST . 13728 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240066.0 PIN 323224240065.0 PIN 323224240064.0
CHRAST KERRY J & MOUNKINE V HUYNH HAl VAN BRENGMAN WARREN A & SYLVIA
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13742 UNDERCLIFT ST 13756 UNDERCLIFT ST 13770 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240057.0 PIN 323224230010.0 PIN 323224240063.0
MATHIS DONALD E & BRENDA L LITKE ANTHONY S & JANET K HANDLEY HOWARD J & DEBBIE L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13772 VINTAGE CT 13918 WOODBINE ST 13786 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224230011.0 PIN 323224230012.0 PIN 323224230013.0
LUCIER THOMAS A & CYNTHIA L LANCETTE ALBERT & STEPHANIE FLEMMING THOMAS J & TIFFANY C
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13 892 WOODBINE ST 13880 WOODBINE ST 13868 WOODBINE ST
~ ^ 1:IDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 ,
/ V
PIN 323224230014.0 PIN 323224240051.0 PIN 323224240052.0
SCHARA JOSEPH P INGEMANSEN THEODORE CURRENT RESIDENT
OR CURRENT RESIDENT OR CURRENT RESIDENT 3778 138TH LN
13856 WOODBINE ST 3792 138TH LN ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240053.0 PIN 323224240054.0 PIN 323224240061.0
FLAA TEN JOAN K LIL YGREN P & STROINSKI M MOELLER ANGELA ANN
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3764 138TH LN 13820 VINTAGE CT 13818 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240060.0 PIN 323224240055.0 PIN 323224240059.0
GRISSMAN MARK G & TAMMY L MORGAN ANTHONY D & DENISE P BEANE ROGER A
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
13819 VINTAGE CT 13804 VINTAGE ST 13803 VINTAGE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 323224240062.0 PIN 323224240056.0 PIN 323224240058.0
BELISLE DENNIS D & JOANNE THOMPSON ROBERT E & MICHELE J LASKA DAVID J & LUANNE L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RE SIDENT
13 802 UNDERCLIFT ST 13788 VINTAGE CT 13785 VINTAGE CT
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
J ....-.J
kJ,;id L/5
- ~ W,'Id.. 1:'rt$o r~
Sheet1
Cost Estimate for: '\
'-./
)
Wild Iris Park Improvements
1/19/99
DESCRIPTION QUANTITY UNIT UNIT AMOUNT
PRICE
PLAY GROUND EQUIPMENT 1 L.S. $ 15,000.00 $ 15,000.00
12' High Back stopw/6' Overhang 1 L.S. $ 4,500.00 $ 4,500.00
REMOVE BITUMINOUS APRON 50 S.Y. $ 2,00 $ 100.00
REMOVE CURB AND GUTIER 20 L.F. $ 4.00 $ 80.00
COMMON EXCAVATION 500 C.Y. $ 7.00 $ 3,500.00
CONCRETE CURB AND GUTTER 750 L.F. $ 15.00 $ 11,250.00
CLASS 5 GRAVEL 1180 TON $ 12.50 $ 14,750.00
. BITUMINOUS MIXTURE TYPE 41 728 TON $ 42.00 $ 30,576.00
SAWCUT BITUMINOUS 75 L.F. $ 1.50 $ 112.50
BRUSHING FOR TRAIL AND PLAY GRD. 1 L.S. $ 1,500.00 $ 1,500.00
AGG - LIME 130 C.Y. $ 15.00 $ 1,950.00
TOPSOIL BORROW 200 C.Y. $ 12,00 $ 2,400.00
SODDING FOR PARKING LOT 825 S.Y. $ 3.00 $ 2,475.00
SEEDING FOR TRAIL 0.5 ACRE $ 1,200.00 $ 600.00
PAVEMENT MARKINGS 1044 L.F, $ 2.00 $ 2,088.00
CA TCHBASIN WI CASTING 2 EACH $ 1,200,00 $ 2,400.00
STORM MANHOLE WI CASTING 1 EACH $ 1,200.00 $ 1,200.00 0
/ 12" RCP STORM PIPE 60 L.F. $ 20.00 $ 1,200.00
15" RCP STORM PIPE 190 L.F. $ 22.00 $ 4,180.00
15" RCP APRON WI TRASH GAURD 1 EACH $ 600.00 $ 600.00
CLASS 2 RIP RAP WI FABRIC 15 C.Y. $ 60,00 $ 900.00
Canst. Sedimentation Basin wI Weir Outlet 1 L.S. $ 3,000.00 $ 3,000.00
TKDA Hydraulic Analysis 1 L.S. $ 1,000.00 $ 1,000.00
TOTAL $ 105,361.50
CONTINGENCY (15%) $ 15,804.23
ESTIMATED PROJECT COST $ 121,165.73
'"J
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(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
) DATE: March 21 , 2000 '-../
,
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson,~ ~
Engineering
ITEM NO.
Award Bid/00-3/2000 Crack Sealing
Iq,
The City Council is requested to approve the resolution accepting bids and awarding contract
to M.J. Neisen Asphalt Inc. in the amount of $69,300.00 for the improvement of Project 00-3
for crack sealing.
The bids received are as follows:
Contractor Bid Amount
M.J. Neisen Asphalt Inc. $69,300.00 ,
/ Daffinson Asphalt Maintenance $71,820.00 "--.J
Astech $73,290.00
Engineer's Estimate $89,250.00
This item is budgeted for in the 2000 City Budget.
, 0
/
, CITY OF ANDOVER \.J
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 00-3 FOR 2000 CRACK SEALING.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 036-00 ,dated February 1, 2000, bids were received,
opened and tabulated according to law with results as follows:
M.J. Neisen Asphalt Inc. $69,300.00
Daffinson Asphalt Maintenance $71,820.00
Astech $73,290.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate M.J. Neisen Asphalt Inc.
as being the apparent low bidder.
\
I BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk \...J
to enter into a contract with M.J. Neisen Asphalt Inc. in the amount of $69,300.00
for construction of the improvements; and direct the City Clerk to return to all
bidders the deposits made with their bids, except that the deposit of the successful
bidder and the next lowest bidder shall be retained until the contract has been
executed and bond requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 21st day of March , 2000 , with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk 0
/
, '\
TABULATION OF BIDS U
;
,
CITY OF ANDOVER
PROJECT: Proiect 00-3 BIDS OPEN: March 9. 2000
Crack Sealin~ 10:00 AM
;~*~~"~I;~'~!1Blm'l?i!j1';;it;f.~~rJ'1t '1J.il","1,.r,.p~"'*;~k'~!<FWD~':!'i';"';'~H~"I!,)"fi'~~'
)~';fIT'"i"~i"~7:~~:~,:l-~t ~ ,~lt)i~\:!illF'f?,;;~!t '-~:,~iJl'{~;>~;':::::1fuIli-m; _ ':. '1:lli:~:!t;r~~~~~:1J;~:i,
~$~"'i"\'~""'''"~'~,,{~~:~'~1i'. :'f'\iJ~'('~'f"'1t!J''', ."~.~fj),~l,'I,,~~"ft~,,,
.- ,~"o""'BE)N~ ,~,~,;,;."".,, ~""'''''''i''iA;MetJNm''''''''''''
{",#..@'~~i'ji;:fT~1 .,. D~~:W~"~' ,Sf'" ;,:!;;liif..~'~f! i .,. ""'::~,:i:~~::J~!~;'r
~'&2<,;:'-J~iii!.:;;i~"},~'k ','" "',",~ ".Al' 'ii({f;;t'l>',"ihi~- ~~~i,~i~;~j,;r;!?'Fh _ _, ,,",+ '" ':"'_ :}I(<;'-::;i.:tii!!Itrrl.
~ ~ "7.3 277"", ~x:>
TENSON
CONSTRUCTION, INC.
DAFFINSON ASPHALT
MAINTENANCE V-
BERGMAN COMPANIES
>~ ~ 1i8 6>D, C'O
ALLIED BLACKTOP CO.
~~ V 8 f 9co. c::)D
M.J. NEISEN ASPHALT \
INC. 5~
ENGINEER'S ESTIMATE $89,250.00
003list.doc
, (~
;
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, DATE: March 21. 2000 0
, J
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~
Engineering
ITEM NO.
Award Bid/00-4/2000 Seal Coating
00.
The City Council is requested to approve the resolution accepting bids and awarding contract
to Allied Blacktop Co. in the amount of $239,578.65 for the improvement of Project 00-4 for
seal coating.
The bids received are as follows:
Contractor Bid Amount
Allied Blacktop Co. $239,578.65 \
/ Astech Asphalt Surface Tech. Corp. $244,195.45 ,J
Caldwell Asphalt Co., Inc. $306,509.15
Engineer's Estimate $224,429.35
Allied Blacktop Co. has successfully performed other projects in the City of Andover.
The seal coat bids are higher than anticipated due to the increase in cost of petroleum
products. The budgeted funds along with 1999 carryover funds will be utilized for this work.
This item is budgeted for in the 2000 City Budget.
j 'J
, CITY OF ANDOVER '-./
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 00-4 FOR 2000 SEAL COATING.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 028-00 ,dated February 1, 2000, bids were received,
opened and tabulated according to law with results as follows:
Allied Blacktop Co. $239,578.65
Astech Asphalt Surface Tech. Corp. $244,195.45
Caldwell Asphalt Co., Inc. $306,509.15
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate Allied Blacktop Co.
as being the apparent low bidder.
, BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk ,_J
to enter into a contract with Allied Blacktop Co. in the amount of
$239,578.65 for construction of the improvements; and direct the City Clerk to
return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the contract
has been executed and bond requirements met.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 21st day of March ,2000 ,with
Council members voting in favor
of the resolution, and Council members voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
, Victoria Volk - City Clerk
, '
, --.J
TABULATION OF BIDS U
I
CITY OF ANDOVER
PROJECT: Proiect 00-4 BIDS OPEN: March 9, 2000
Seal CoatinQ 10:30 AM
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CALDWELL ASPHALT /
CO., INC. 5h I /!:"'
PEARSON BROS" INC. /'
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ALLIED BLACKTOP CO.
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ENGINEER'S ESTIMATE $205,961.50
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~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
) DATE: March 21. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd HaaY
ITEM NO. Parks
Request to Hold ProjecUOO-8/Sunshine Park
Parking Lot Expansion & Trail Improvements
~1.
The City Council is requested to hold Project 00-8, Sunshine Parking Lot Expansion (west
side) and Trail Improvements within Sunshine Park until such time the City performs a traffic
study for the area and direction from the City Council as to if any improvements will be made
to Crosstown Boulevard.
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(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: March 21, 2000
)
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd Haa~
ITEM NO. Parks
Request to Hold ProjecU99-34/
l1d ~rosstown Boulevard Bikeway-Walkway Improvement
The City Council is requested to hold Project 99-34, Crosstown Boulevard Bikeway-Walkway
Improvement between Sunshine Park and Andover Boulevard until such time the City
performs a traffic study for the area and direction from the City Council as to if any
improvements will be made to Crosstown Boulevard.
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(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
) DATE: March 21, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~ [
ITEM NO.
Engineering
Approve Change Order #1/98-28/
Shadowbrook 5th Addition
~.
The City Council is requested to approve the resolution for Change Order #1 for Project 98-28,
Shadowbrook 5th Addition.
The change order is identified on the attached sheets.
/
I
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 98-28,
SHADOWBROOK 5TH ADDITION.
WHEREAS, the City of Andover has a contract for Project No. 98-28 with
Annandale ContractinQ of Annandale. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 98-28.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 21st day of March ,2000,
I with Council members voting in
favor of the resolution, and Council members
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk_
~AR-17-2000 08:25 651 292 0083 P.02/07
TKDA TOLTZ. KING. DUVALL. ANDEIlSOi'l
AND ASSOCIATES. INCOIlPOIlATED
ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER.jJ4FFRAY PI.AZA
4U C€DAfl STREET
S....NT PAUl. MINNESOTA 55101-2140
PHOHE: Il5IJ2t2004lO FAX: 851J21l2-<<l83
',-j ,
Conun. No. 11689 Cert. No. 3R St. Paul. MN. February 1 ,20~
To Citv of Andover. Minnesota Owner
This Certifies that Annandale Contractine: . Contractor
For Shadowbrook 5th Addition. Citv Proiect 98-28
Twenty Five Thousand
Is entitled to Nine Hundred Two and 361100..........,.............................................................. ($ 25.902.36 )
being 3rd estimate for partial payment on contIaCt with you dated Mav 18 , 1999
Received payment in full of above Certificate. TOL TZ, KING. DUVALL, ANDERSON AND ASSOCIATES,INC.
CONTRAcrOR _ENC~r
,20 Thomas D. Prew, P .
February I, 2000
RECAPITULATION OF ACCOUNT
I, CONTRACT
, PLUS EXTRAS PAYMENTS CREDITS
Contract price plus exlIaS 351.911.50
All previOUS payments $ 318,013.78
All previous credits
Extra No. Change Order No. I 10,644.84
- "
" .
. .
" ..
Credit No.
. .
" .
" -
" "
AMOUNT OF nns CERTIFICATE 23,274.48
,
T OIals 362,556.34 341,288.26
Credit Balance
There will remain unpaid on cantrllel after
I, payment of this Certificate 21,268.08
( , - ". . -- -. - - 'I
362,556.3411' 362,556.34
An EquQ/ Opportunlly Employer
MAR 17 '00 08:37 651 292 0083 PAGE. 02
MAR-17-2000 1218:26 651 2'32 0083
P.03/12l7
CHANGE ORDER
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIATES, INCORPORATED
Engineers-Architects-Planners
Saint Paul, MN February 1 20.-2.Q... Comm. No. 11689 change Order No. lR
To Annandale Contraeting
for Shadowbrook 5th Addition, City Project 98-28
for City of Andover, Minnesota
YoU are hereby directed to make the following change to your contract dated
May 18 , 19.1L. The change and the work affected thereby is
subject to all contract stipulations and covenants. This Change Order will
(increase) (deerea3el last ehafilJcl the contract surn by Ten Thousand Six Hundred
Forty-Four and 84/100.....................,............... ( $10.644.84) ) .
Extra work - Install 2-2" copper
services for irrigation, revise storm
sewer outlet, and constrUct pennanent
1 flushing service 1 IS@ $ 8,323.77 $ 8,323.77
2 Furn1sh topso~i tor l~tt stat~on s~te B4 a@ S 12.00 $ 1.00B.00
Construct and install swing' gate and
3 additional biuminous 1 LS @ $ 1.950,00 $ 1,950.00
Increase size of concrete lift station
4 slab 1 LS @ $ 60.00 $ 60.00
/ Deduct for lllCO=ect b~t=us
5 mixture -696.93 'm@ $ 1.00 $ (696.931
NET ClJ.!\N3E ::: $ 10,644.84
lIrnount of Original Contract $ 351. 911.50
Additions approved to date (Nos. ) $ 0.00
Deductions approved to date (Nos. ) $ 0.00
Contract amount to date $ 351,911.50
lImount of this Change order (Add) (BeEil:l:et) me C11afIge) $ 10,644.64
Revised Contract .>.mount $ 362,556,34
Approved City of Andover, Minnesota TOLTZ, KING. DUVALL, ANDERSON
owner ~~~
By
By Thomas D. Pre"" P.E.
Approved Annandale Contracting White - owner
Contractor pink - Contractor
/ Blue - TKDA
By
MAR 17 '00 08:37 651 292 0083 PAGE. 03
MAR-17-2000 08:26
651 292 0083 P.04/07
TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED
Engineers-Architects-Planners Saint Paul, Minnesota 55101
PZlUOPl:CAL BS'l'IKATJl: POR PAR'l'IAL l'AnsEJn'S
Estimate No..2!L Period Ending January 31 ,20~ Page 1 of 1 Comm. No. 11689
Project Shadowbrook 5th Addition Original Contract Amount
Location City of Andover, Minnesota $ 351.911. 50
Contractor Annandale Contracting
Total Contract Work Completed $ 348.605.96
Total Approved Credits $ 0.00
Total Approved Extra Work Completed - CO 1 $ 10.644.84
Approved Extra Orders Amount Completed $ 10.644.84
Total Amount Ea=ed This Estimate $ 359.250.80
/
Less Approved Credits $ 0.00
Less 5 % Retained $ 17.962.54
Less Previous Payments S 318.013.78
Total Deductions $ 335.976.32
Amount Due This Estimate S 23.274.43
Contractor Date
~~
Engin Date
, Th_s D, ,-~. '.E.
,
MA~ 1? .~~ ~:<?
C~1 ~~ ~~C7 O~~~ nA
~AR-17-2000 08:26 651 292 0083
. P.05/07
TOLTZ, ICING. DUVALL, ANDERSON J\ND ASSOCIATES, INCORPORATED
) Engineers-Architects-Planners Saint Paul. Minnesota 55101
l'ZlUOD:tCAL ZS'fDlA'1'B rea PA1l'1'XAL PAYIIEN'l'S
Estimate No...l...- Period Ending January 31 , 20 00 Page 1 of 1 Com. No. 11689
Project Shadowbrook 5th Addition Original Contract Amount
Location City of Andover. Minnesota $ 351.911.50
Contractor Annandale contracting
Total Contract Work Completed $ 348.605.96
Total ~proved Credits $ 0.00
Total Approved Extra Work Completed - CO 1 $ 10,644.84
Approved Extra Orders Amount Completed $ 10.644.84
Total Amount Earned This Estimate $ 359,250.80
/
Less Approved Credits $ 0.00
Less 5 t Retained $ 17.962.54
Less previous Payments $ 318.013.78
Total Deductions S 335,976.32
Amount Due This Estimate S 23.274.48
Contractor Date
.-- 22=-:'~
Engineer Date ~ ./. cro
, Thomas D, Prew, P.E.
MAR 17 '00 08:37 651 292 0083 .-
PAGF,I15
MRR-17-Z000 08:Z6
651 Z9Z 0083 P.06/07
EST1YATf NO. 3
SHADOWBROOK 5TH ADDITION
crTY OF ANDOVER. MINNESOTA
cr '>SIOM NO. 11689
)
/
ITEM c:oN'mACT QUANTITY UNIT AMOUNT
NO. ITEM UNIT aUANTTTY TO DATE PRICE TO DATE
DIYISlON 1- LIFT &TA110M
1 LIFT STATION LS 1 0.95 $ 96.830.00 $ 91,988.50
2 PollOW FOR ELECTRIC SERVICE BY OTHERS LS 1 1.195 $ 8,000.00 S 9,S60.00
3 LANDSCAPING LS 1 o $ 11,856.00 $ .
4 6" DIP CL50 FORcatAIN. PlAN DEPTH LF 320 315 $ 12.00 $ 3,7IlO.00
TOTAl. DMSlON 1 S 105.328.50
DIVISION n. SANITARY SEWER
1 CONN TO EXIST. SAN. SEWER EA 1 1 S 67S.00 $ m.oo
2 II" PVc. SDR 35 SS PIPE, 0- 10' DEPTH LF 2$S 3:P$ 10.00 $ 3,370.00
3 II" PVC, SDR 35 SS PIPE. 10-12' DEPTH LF 640 573 S 11.00 $ 6.3Q3.OO
4 r PVc. SDR 35 SS PIPE, 14-UI" DEPTH LF 95 o S 12.50 $ -
5 6" PVc. SDR 35 SS PIPE. 16-18' DEPTH LF 80 163 $ 13.50 $ 2.200.50
6 12" PVC, SDR 26 SS PIPE, 14-16' DEPTH LF 60 80$ 24.00 $ 1.920.00
7 12" PVC, soR 26 SS PIPE, 16-18' 0EP1ll LF 10 V$ 25.00 $ 676.00
8 12' PVC, SOR 26 SS PIPE, 16-20' DEPTH LF 010 29$ 26.liO $ 76l1.5O
9 12" pvc, SOR 26 SS PIPE. 20-22' DEPTH LF 80 41 S 28.00 S 1,316.00
10 12' PVC, SOR 26 SS PIPE. 22-24' OEPTH LF 60 56$ 28.50 $ 1.596.00
11 12' Pvc, SOR 26 SS PIPE, 24-2$' DEPlli LF 10 6 S 30.00 $ 180.00
12 12' PVC. SDR 26 SS PIPE, 26-28' DEPTH LF 196 150 $ 31.00 $ 4,650.00
13 12' PVC, SOR 26 SS PIPE. 28-30' DEPTH LF 150 203 $ 33.00 $ 6,699.00
14 12' PVc, SDR 28 SS PIPE, 30-32' DEPTH LF 20 22$ 35.00 $ 770.00
15 12" PVC. SOR 26 SS PIPE, 32-34' DEPTH LF 50 57$ 37.00 $ 2,109.00
18 8' DIP CL 50 55. PlAN DEPTH LF 60 60 $ 25.00 $ 1,500.00
12' DIP CL 50 SS, PlAN DEPTH LF .50 50$ 30.00 $ 1,500.00
. SANITARY MANHOLE. TYPE 301, 0-10' DEPTH EA 12 12 $ 1,700.00 S 20.400.00
19 DROP SANITARY MANHOLE. 0-10' DEPTH EA 3 3 $ 2.950.00 $ S.8S0.00
20 EXTRA DEPTH OF SANITARY MANHOLE LF 110 111.8 $ 75.00 $ 8.385.00
21 EXTERNAL RUBBER SEAlING WRAP ON MH JOINT EA 18 18 $ 65.00 $ 1.170.00
22 4' ON 12' PVC SDR 26 WVE BRANCH EA 5 5 $ 100.00 $ 500,00
23 4' ON 8' PVC SOR 3S WVE BRANai EA 30 30$ 50.00 $ 1,500.00
24 4' PVC, SCH.oIO SERVICE PIPE LF 952 1041 S 6.00 $ 8,246.00
25 4' PVC, SCH.40 VERT. SERVICE CLEANOUT EA 35 34$ 45.00 $ 1,530.00
26 SPEC. FOUNDATION FOR STABIL TRENCH LF TOO 700 $ 0.01 $ 7.00
27 TELEVISING SANITARY SEWER MAINS LF 1858 1858 $ 0.40 $ 743.20
28 a.EAR AND GRUB TREES EA 8 8 $ 95.00 $ 780.00
~ TREE PROTECTION FENCING LF 200 o $ 1.00 $ .
TOTAL DIVISION n $ 86,323.20
DIVISION III, WATERIIAIN
1 CONNECT TO EXIST. WATEAMAlN EA 2 2 $ 185.00 $ 370.00
2 8' DIP, CL 50 WATERMAtN LF 73 74 $ 1UiO $ 925.00
3 r DIP. CL50WATERMAIN LF 825 925$ 15.00 $ 13.875.00
4 12' DIP, CL SO WATERMAIN LF 980 980 $ 22.00 $ 21,560.00
5 6" IoU RESIUENT SEAT GATE VAJ..VE & BOX EA 8 6 $ 450.00 $ 2,100.00
6 r MJ RESIUENT SEAT GATE VAJ..VE & BOX EA 3 3 $ 820.00 $ 1,1l6O.00
7 12' MJ BUTTERFLY VAJ..VE & BOX EA 2 2 $ SOO.OO $ 1.soo.00
8 8' HYDRANT (8'-6" BURY) EA 6 6 S 1,385.00 $ 8,310.00
9 l' TYPE'I(" COPPER TAP SERVICE LF 847 947 $ 6.00 $ 5,682.00
10 2' TYPE '1(" COPPER TAP SERVICE LF 1 o S 15.00 $ -
" l' CORPORATION STOP EA 36 35 $ 30.00 $ 1.050.00
12 2'" CORPORATION STOP EA 1 o $ 85.00 $ .
13 l' CURB STOP WITH CURB BOX EA 35 34$ 90.00 $ 3,060.00
~ 2' CURB STOP WITH CURB BOX EA 1 o $ 85.00 $ -
/ ""0 \~1~~~VJN FITT'~las LB 1338 19Ba $ 2.00 $ 3.976.00
TOTAL DiViSiOHiil ,- n____ -';,168.00
1 11689
MAR 17 '00 08:38 651 292 0083
PAGE. 06
MFlR-17-2000 08:27
- 651 292 0083 P,07/07
JTaI CONTRACT OUANTITY UNIT AMOUNT
NO. ITEM UNIT 0UANTI1Y TO DATE PRICE TO DATE
OMSlON IV - STORM SEWER
I CONNECT 10 EX MANHOLE EA 2 2 $ 250.00 $ 500.00
\ 12" RCP, Cl. & STORM SEWER PIPE LF 139 140 S 1S.oo $ 2,S6O.00
. _, I 15" RCP. CL 6 STORM SEWER PIPE LF 2fr1 390$ 20.00 $ 7,800.00
4 18" RCP. CL 5 STORM SEWER PtPE LF 150 153 S 22.00 S 3,366.00
5 21' RCP. CL. 3 STORM SEWER PIPE LF 78 IrT S 24.00 $ 1,608.00
6 CATCH BASIN. TYPE 401 EA . 4 $ 1.000.00 S ',000.00
7 CATCH BASINIMANHOlE, TYPE 405 (o4' DIA.) EA 9 10 $ l,3S0.oo $ 13,SOO.00
8 CATCH BASlrwANHOlE. TYPE 405 (5' DIA) EA 1 o $ 1,725.00 S .
9 STORM sewER MANHOLE. TYPE 409 (5' DIA) EA I 1 S 1,850.00 S 1.l15O.oo
10 15" ReP, FI.ARED END SECTION EA 1 1 S 550.00 $ 550.00
11 ClASS \I HAND PLACED RIP RAP CY 15 39.4 $ ISO.OO $ 1,970.00
12 WOOD FIBER BLANKET $V 350 840$ 2-'10 $ 1,864.00
TOTAl DMSlON IV $ 39.488.00
DIVISION V - &mEEtS A RESTORAll0N
1 REMOVE CONCRETE CURS AND GIJT"TER LF 65 o $ 2..00 $ -
2 SAW CUT EXIST. SIT PAVEMENT LF 100 60$ 2..00 $ 120.00
3 ADJUST EXIST. MH 10 GRADE EA 2 2 $ 100.00 S 200.00
4 COMMON EXCAVATION CY 200 1722 $ US $ 3,874.50
5 GRANIJ\.AR BORROW CY 200 o $ 4.75 $ .
6 SURMOUNTABLE CONe, CURB & GUTTER LF 3190 306' $ 5.91 $ 18,108.24
7 AGGFlEaATE BASE CL 5 'TN 1180 1180 $ 859 $ 10.136.20
8 SUBGRAOE PREPARATION AS 18.3 1 &..3 S 75.00 $ 1,222.50
9 2350, TYPE LV, AGG. NO.4 err. WEAR. COURSE TN 1rT5 696.93 $ 2&,77 $ 18,656.82
10 ROADSIDE SEEDING. SEED MIX 900. FERT.& MUlCH AC 15 o $ 900.00 $ .
TOTAl DMSION V $ 52.318.26
TOTAl BID (DIVISIONS'- V) S 348,605.96
"
I
2 11689
MAR 17 '00 08:38 TOTRL P.0?
651 292 0083 PRGE.0?
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: March 21 . 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Consent Finance
Jim Dickinson
ITEM NO.
~L ease Escrow/80-3/Downtown Center
J
Request:
The City Council is requested to release the escrow ($36,450.00) held on Project 80-3 (Downtown
Center). All applicable assessments are collected with the property tax annually. The holding of an
escrow is no longer necessary for this project.
If there are any questions please do not hesitate in contacting me.
/
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
.I DATE: March 21 . 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Consent Finance
Jim Dickinson
ITEM NO.
TIF Debt Service Transfer Resolution
{%,
Reqnest:
The City Council is requested to approve the attached resolution authorizing the transfer of funds from the
Tax Increment Bonds, Series 1994B Debt Service Fund (379) to the Debt Service Account of the General
Obligation Tax Increment Bonds of 1999 Fund (352). The attached resolution was approved by the
Andover Economic Development Authority at their March 16,2000 meeting.
Also provided is the summary provided to the EDA.
Ifthere are any questions please do not hesitate in contacting me.
/
,
I
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
I
ANDOVER,M~ESOTA
HELD: MARCH 21, 2000
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Andover, Anoka County, Minnesota, was duly held at City Hall in said City
on the 21st day of March, 2000 at 7:00 o'clock p.m. for the purpose, in part, of
authorizing the transfer of funds from Tax Increment Bonds, Series 1994B Debt Service
Fund to the Debt Service Account ofthe General Obligation Tax Increment Bonds of
1999 Fund.
The following members were present:
and the following were absent:
Councilmember introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM
I TAX INCREMENT BONDS, SERIES 1994B DEBT SERVICE FUND
TO THE DEBT SERVICE ACCOUNT OF THE GENERAL OBLIGATION TAX
INCREMENT BONDS OF 1999 FUND
WHEREAS:
1.01 The City established Development District No.1 (the "Development
District") and Tax Increment Financing District No. 1-2 (the "Tax Increment District")
within the City of Andover.
1.02. The City has outstanding General Obligation Taxable Tax Increment
Refunding Bonds, Series 1994B (the "Series 1994B Bonds") issued to finance project
costs within the Development District.
1.02. In connection with the issuance ofthe Series 1994B Bonds the City
established the Tax Increment Bonds, Series 1994B Debt Service Fund (the "Series
1994B Debt Service Fund").
1.04. The City on May 18, 1999 approved by resolution (the "Prior Resolution")
the issuance of$1,500,000 General Obligation Tax Increment Bonds of 1999 (the "1999
, Bonds") in accordance with the tax increment financing plan for the Tax Increment
District which financed additional project costs within the Development District and the
1999 Bonds are payable in part from tax increments derived from the Tax Increment
) District.
1.05. In connection with the issuance of the 1999 Bonds the City established a
debt service account in the General Obligation Tax Increment Bonds of 1999 Fund (the
"1999 Debt Service Account"). The Prior Resolution provides that there shall be
deposited in the 1999 Debt Service Account available moneys of the City in an amount
necessary to pay the principal and interest on the 1999 Bonds coming due on December
1, 1999 through December 1,2001.
1.06. The City has deposited in the Series 1994B Debt Service Fund tax
increments form the Tax Increment District in excess of the annual principal and interest
requirements of the Series 1994B Bonds.
1.07. The City intends to transfer $175,000 of available funds in the Series
1994B Debt Service Fund to the 1999 Debt Service Account for the payment of principal
and interest on the 1999 Bonds.
NOW, THEREFORE, be it resolved by the City of Andover that $175,000 of
available funds held in the Series 1994B Debt Service Fund be transferred to the 1999
Debt Service Account.
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember , and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated: March 21,2000.
City Clerk
,
STATE OF MINNESOTA )
/ ) ss,
COUNTY OF ANOKA )
I, the undersigned, being the duly qualified and acting City Clerk of the
City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the
attached and foregoing extract of minutes of a meeting of the City Council of said City
held on the date therein indicated with the original minutes thereof on file in my office
and that the same is a full, true and correct transcript thereof insofar as said minutes relate
to Resolution No. -
WITNESS my hand officially this 21st day of March, 2000.
City Clerk
/
CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
, DATE: March 16.2000
./
AGENDA SECTION ORIGINATING DEPARTMENT
Finance
Discussion Jim Dickinson
ITEM NO,
TIF Debt Service Transfer Resolution
REQUEST:
The Andover Economic Development Authority is requested to adopt the attached resolution authorizing
the transfer of funds from the Tax Increment Bonds, Series 1994B Debt Service Fund (379) to the Debt
Service Account of the General Obligation Tax Increment Bonds of 1999 Fund (352). The resolution
will then be forwarded to the City Council for approval.
BACKGROUND:
At the February 17,2000 EDA meeting staff was directed to work with legal council to provide a
/ resolution for the transfer of Tax Increment funds to provided for the $175,000 City funded capitalized
interest referenced with issuance of the General Obligation Tax Increment Bonds of 1999.
As part of the discussion at the February 17th meeting I recommended to transfer funds from the 378
(General Obligation Tax Increment Bonds, Series 1993B) and 379 (General Obligation Tax Increment
Bonds, Series 1994B) Debt Service Funds to the 352 (General Obligation Tax Increment Bonds, 1999)
Debt Service Fund. After detailed research of the bond sale resolutions it appears that the resolution for
the 1993B Bonds has some restrictive language as to the use of the increment allocated to that Bond's
Debt Service Fund. Some of the restrictions are:
1. The investment of the dollars deposited into the account cannot be invested at higher yields
than the rate ofthe bonds.
2. The dollars allocated to the Debt Service Fund cannot be reallocated if a surplus of funds is
determined.
The transfer to provided for the $175,000 City funded capitalized interest referenced with issuance of the
General Obligation Tax Increment Bonds of 1999 will need to be made from the 1994B TIF Bonds
(which is how the resolution is prepared) coupled with a reallocation of the 2000 increment to the Debt
Service Funds.
If you have any questions please do not hesitate in contacting me at 767-5110.
J I I
EXTRACT OF MINUTES OF A MEETING OF THE
; ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
/ ANDOVER,M~ESOTA
HELD: MARCH 16,2000
Pursuant to due call and notice thereof, a regular meeting of the Economic
Development Authority of the City of Andover, Anoka County, Minnesota, was duly held
at City Hall in said City on the 16th day of March, 2000 at 7:00 o'clock p.m. for the
purpose, in part, of authorizing the transfer of funds from Tax Increment Bonds, Series
1994B Debt Service Fund to the Debt Service Account of the General Obligation Tax
Increment Bonds of 1999 Fund.
The following members were present:
and the following were absent:
Commissioner introduced the following resolution and moved
its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM
/ TAX INCREMENT BONDS, SERIES 1994B DEBT SERVICE FUND
TO THE DEBT SERVICE ACCOUNT OF THE GENERAL OBLIGATION TAX
INCREMENT BONDS OF 1999 FUND
WHEREAS:
1.01 The City established Development District No.1 (the "Development
District") and Tax Increment Financing District No. 1-2 (the 'Tax Increment District")
within the City of Andover.
1.02. The City has outstanding General Obligation Taxable Tax Increment
Refunding Bonds, Series 1994B (the "Series 1994B Bonds") issued to finance project
costs within the Development District.
1.02. In connection with the issuance of the Series 1994B Bonds the City
established the Tax Increment Bonds, Series 1994B Debt Service Fund (the "Series
1994B Debt Service Fund").
1.04. The City on May 18, 1999 approved by resolution (the "Prior Resolution")
the issuance of$I,500,000 General Obligation Tax Increment Bonds of 1999 (the "1999
Bonds") in accordance with the tax increment financing plan for the Tax Increment
) District which financed additional project costs within the Development District and the
1999 Bonds are payable in part from tax increments derived from the Tax Increment
; District.
1.05. In connection with the issuance of the 1999 Bonds the City established a
debt service account in the General Obligation Tax Increment Bonds of 1999 Fund (the
"1999 Debt Service Account"). The Prior Resolution provides that there shall be
deposited in the 1999 Debt Service Account available moneys of the City in an amount
necessary to pay the principal and interest on the 1999 Bonds coming due on December
1, 1999 through December 1, 2001.
1.06. The City has deposited in the Series 1994B Debt Service Fund tax
increments form the Tax Increment District in excess of the annual principal and interest
requirements of the Series 1994B Bonds.
1.07. The City intends to transfer $175,000 of available funds in the Series
1994B Debt Service Fund to the 1999 Debt Service Account for the payment of principal
and interest on the 1999 Bonds.
NOW, THEREFORE, be it resolved by the City of Andover that $175,000 of
available funds held in the Series 1994B Debt Service Fund be transferred to the 1999
Debt Service Account.
The motion for the adoption of the foregoing resolution was duly seconded by
Commissioner , and upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
Whereupon said resolution was declared duly passed and adopted.
Dated: March 16,2000.
City Clerk
\
)
STATE OF MINNESOTA )
I ,
-' ) ss,
COUNTY OF ANOKA )
I, the undersigned, being the duly qualified and acting City Clerk of the
City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the
attached and foregoing extract of minutes of a meeting of the Economic Development
Authority of said City held on the date therein indicated with the original minutes thereof
on file in my office and that the same is a full, true and correct transcript thereof insofar
as said minutes relate to Resolution No. -
WITNESS my hand officially this 16th day of March, 2000.
City Clerk
/
"
, J
. ()n gnW
TO: ANDOVER CITY COUNCIL
,
FROM: CONCERNED RESIDENTS OF 157111 LANE NW
DATE: MARCH 16, 2000
SUBJ: NORTH VALLEY RIDGE DEVELOPMENT!
. \ .
AND MARCH 6111 CITY COUNCIL. MEETING
\
This letter is in response to the March 6111 City Council Meeting specifically regarding the North Valley Ridge Development and
altemative road proposal. We feel this proposal was voted upon (and passed) in the midst of misinformation and confusion
conceming the opinions of the residents of 157111 Lane, We also feel that the council would not have accepted the altemative
plan had they known how strongly the vast majority of us oppose it.
The residents of 157111 Lane would like to officially record our concems about what was discussed and possibly misunderstood at
the March 6111 City Council Meeting as follows:
. The majority of 157th Lane families (6 of 7) were not represented in any way at the March 6th meeting.
. The families of 157111 Lane were in fact misrepresented: contrary to testimony during the March 6111 meeting, none of the
157111 Lane families were informed of any discussions and were not given an opportunity to participate in any
neighborhood meetings which resulted in the proposed altemative plan.
. The families of 157111 Lane were not officially informed of any altemative proposed roadway plan prior to the March 6111
City Council Meeting.
. The majority of 157111 Lane families (6 of 7) do not agree with the proposed altemative roadway plan in any way.
The following is a partial List of Concerns for the proposed altemative roadway plan:
. 157111 Lane, west of Nightingale 5t. has several significant curves in the roadway that limit visibility and drastically
reduce the speed that a vehicle can safely drive. In contrast. 156111 Ave also west of Nightingale is nearly straight.
Consequently, 156111 Ave provides better visibility and safety to drivers and pedestrians during daylight and darkness,
. There are many young children (actually 18 of them) living along 157th Lane whose safety should not be compromised
by having the burden of all the additional traffic placed on our street since there is no aitemative for a driver to choose
from.
. There are elderly parents whom are both deaf living on 157th Lane, Due to age and leg injuries they need to get out
and waik to maintain their health. However, their inability to hear vehicles coming from around the curves gives them
little to no waming of oncoming traffic. Once again, having no altemative route places the full burden of additional
traffic on 157111 Lane potentially compromising their safety.
157111 Lane alone should not have to cany the burden of all the increased traffic. We are not however proposing that our street
be exempt from carrying increased traffic, We do strongly oppose any plan that diverts all of the traffic onto our street while a
potentially safer road receives none at all,
We, the residents of 157111 Lane NW hereby Request the FollowinQ Actions bv the Andover City Council:
1. Effectively cancel the vote from March 6th that accepted the altemative proposed roadway,
2, Allow all the local neighborhoods along with the developer, to plan and construct a new altemative proposal that is
agreeable to everyone concemed,
-or-
3, Move forward with the developers original plan, which fairly distributes increased traffic to all of our neighborhoods,
"-
,
Residents of 157lh Lane NW, Andover MN "
J
Lany Eidem 2057 -157lh Lane NW
Ed and Julia McCumber 2080 -157lh Lane NW
Russell and Pam Mitchell 2032 -157lh Lane NW
Dave and Vicki Morton 2161 -157lh Lane NW ~M.~~~....7~~..~.~
Russ and Melinda Quilling 2124 - 157lh Lane NW ~~~4
.. Ii /}
AJc / ," d;/
Tom and Tammie Swanson 2146 -157lh Lane NW 7lw~M/C!ldJCl1a/ .,~?~
Mike and Lisa Walz 2176 -157lh Lane NW
Photo Series from Top to Bottom:
View of 157th Lane EB from the Cul-de-sac to Nightingale St.
Photo Series from Top to Bottom:
View of lsih Lane WB from Nightingale St. to the Cul-de-sac
DATE March 21,2000 Ol1&i~(~
ITEMS GIVEN TO THE CITY COUNCIL ~ ~
. Planning & Zoning Minutes - February 22, 2000
. Park & Recreation Minutes - March 2, 2000
. Road Committee Minutes - March 6, 2000
. City Council Minutes - March 6, 2000
. Special City Council Minutes - March 9, 2000
. Letter from Ted Mondale, Met Council - February 28, 2000
. E-mail from Lisa Lappen - March 10, 2000
. Letter from Paula Hanson, Senator District 50 - March 14,2000
. Ord. No. 8WVW
. Ord. No. 220A
. February 2000 Building Dept. Report
. North Valley Ridge Preliminary Plat
. Grey Oaks Final Plat
. Grey Oaks Assoc. Document
. Grey Oaks Final Landscaping Plan
. Grey Oak Revised Preliminary Plat
. Andover Oaks Preliminary Plat
. Shadowbrook 6th Final Plat
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
~-
j ~ Metropolitan Council o;\~f\ ~C1~ ~
Working for the Region, Planning for the Future
February 28, 2000
Julie Trude
13862 Holly Street, NW
Andover, MN 55304
Dear Ms. Trude:
Thank you for your e-mail correspondence of February 17, 2000 requesting the
Metropolitan Council's assistance in regards to a high school in the city of
Andover. As you noted in your letter, Council member Natalie Haas Steffen has
been working with the city to assure sewer service to a high school site. Should
the Anoka-Hennepin School Board decide to locate a school in the city of
Andover, we have agreed to provide access to regional sewer service when the
city submits a complete amendment to its comprehensive plan consistent with
regional plans and policies. Such an amendment may be submitted and
considered on an expedited timeline in March.
As you pointed out, good schools are essential to Smart Growth and the
economic vitality within the region. I would like to clarify the Council's role in
relation to school siting and comprehensive planning. The Council encourages
the involvement of school districts in the development of local comprehensive
plans, but does not determine local school sites. The Metropolitan Land
Planning Act requires local govemments to submit comprehensive plans to
school districts for review and comment before the Council takes action on a
plan. Local govemments are also required to submit amendments to land use
plans to the Council for review before putting their plans into effect. In 1998,
the Council conducted a workshop for the Anoka Hennepin County School
Board on region8J. growth management and the importance of sharing planning
information among school districts and cities.
In order for the Council to provide sewer service to any proposed school site, the
city must have a comprehensive plan in place that shows the site as within the
current or proposed metropolitan urban service area (MUSA). Because the
proposed sites in Andover are primarily outside the MUSA, the city will need to
submit a comprehensive plan amendment and evaluate any impacts to regional
systems and policies.
You expressed concern that the school not be subject to resolving density and
development issues between the Council and the city of Andover. Resolving
such issues is part of any comprehensive plan review process. For example,
regional policies include an overall minimum standard of three units per acre
for sewered development in order to
230 East Fifth Street St. Paul. Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 TDD/TIY 291-0904 Metro Info Line 602-1888
An Equal Opportunity Employer
. .
I
Julie Trude
February 28, 2000
Page 2
cost effectively use infrastructure and provide a range of housing choices, but
cities have flexibility for locating development.
The Council encourages development to be designed and clustered in ways that
protect wetlands, natural features and neighborhoods. We are working with the
city to process a plan amendment for a school site and to subsequently review
the city's comprehensive plan amendment to most effectively accommodate the
projected household growth in Andover.
If you have any additional concerns or questions, feel free to contact me.
cc: Natalie Haas Steffen, Metropolitan Council Representative, District 9
Thomas McElveen, Director, Community Development Division
Eli Cooper, Director, Planning and Growth Management
Sandra Pinel, Sector Representative
FYI.. C.C. (YIt~. Sf..:l.IJoo
Pat Janssen
From: IUSR_NTONE@ntone.visi,com
Sent: Friday, March 10,200010:16 PM
To: citygov@ci.andover.mn.us
Subject: Data posted to form 1 of http://www.ci.andover.mn.us/comment.htm
********...**...**.****.*****........***..**********..........**.*****....*....
yourname: LISA LAPPEN
e-mail: 3984 145TH AVENUE NW
comments:
MR. MAYOR:
I ATTENDED THE COUNCIL MEETING ON MARCH 6th. AS A RESIDENT OF THE MEADOWS OF ROUND LAKE I
WAS PARTICULARLY CONCERNED WITH THE POSSIBLlTY OF CORRUPTING OUR WETLANDS. ALTHOUGH I
WAS GLAD THE COUNCIL AGREED WITH THE CITY PLANNERS AND DENIED REZONING "AT THIS TIME:' I
CONTINUE TO BE CONCERNED FOR THE FUTURE OF MY NEIGHBORHOOD AS WELL AS THE CITY OF
ANDOVER.
UNLESS I AM MISTAKEN, AT THE BEGINNING OF THE MEETING YOU EXPLAINED THE BARGAINING THAT HAD
GONE ON BETWEEN THE CITY AND THE MET COUNCIL-AND STATED AN AGREEMENT TO 6 UNITS PER ACRE
AND THAT YOU FELT WE COULD ACCOMPLISH THIS THROUGH USE OF EXISTING APARTMENT SITES AND
THROUGH THE BUILDING OF TOWNHOMES. YOU EXPRESSED A DESIRE TO MINIMIZE HIGH DENSITY ECHOING
MY PERSONAL WISHES.
I LEFT THE MEETING AT 10:45 THAT EVENING AFTER WATCHING THE COUNCIL VOTE, IN MY OPINION,
HASTILY. TO MAKE CONCESSION NO ONE KNOWS HOW OR IF WE CAN MEET-JUST TO GET THE HIGH SCHOOL
IN ANDOVER. EVEN MORE CONCERNING TO ME IS A PHONE CALL I RECEIVED THE VERY NEXT DAY TELLING
ME THE COUNCIL WENT ON TO VOTE AND APPROVE A NEW COMP PLAN THAT ACTUALLY PUTS ADDED
DENSITY AT MORE LIKE 10 PER ACRE. THIS MOST IMPORTANT ITEM WAS NOT EVEN OPEN FOR PUBLIC
DISCUSSION, AND IN THE END WAS EXACTLY WHAT I WAS LED TO BELIEVE YOU AND THE COUNCIL HAD
NEGOTIATED AWAY FROM.
MR. FURSMAN IS PATTING THE COUNCIL ON THE BACK IN THE ANDOVER NEWSLETTER FOR MAKING
CONCESSIONS AND MEETING THE SCHOOL DIST.'S DEMANDS AS WELL AS FOR BEING BLACKMAILED BY THE
MET. COUNCIL INTO APPROVING A COMPo PLAN IN A FEW SHORT WEEK "WHAT WOULD NORMALLY TAKE A
YEAR."
I FEEL THIS PROCESS WARRANTED MORE THAN THE FEW WEEKS ALLOCATED. "PUSH HAS COME TO
SHOVE" AND THE MET COUNCIL FORCED YOUR HANDS INTO APPROVING
A PLAN YOU DO NOT KNOW THIS CITY WOULD HAVE WANTED. THE SCHOOL IN ANDOVER WAS DESIRABLE
FOR MANY BUT I WONDER IF EVERYONE WOULD HAVE FELT THE SAME IF THEY KNOW AT WHAT COST THE
CITY WAS AWARDED THE SCHOOL. FINANCIAL COST AS WELL AS WHAT THE COUNCIL GAVE AWAY IN THIS
CITIES INTEGRITY. I AM ASTOUNDED THE VOTERS WERE NOT INFORMED AND GIVEN THE OPPORTUNITY TO
VOICE IN INFORMED OPINION WEIGHING COST AND BENIFIT.
I WONDER WITH ALL THE INCREASED DENSITY-APARTMENTS-ETC. WHEN OUR CITY CAN EXPECT A POLICE
FORCE TO ACCOMODATE SOME LESS THAN FAVORABLE CHANGES.
FINALLY, I WOULD LIKE TO KNOW WHICH 110 ACRES OF LAND WILL BE USED IN THE NEXT 10 YEARS FOR
HIGHER DENSITY DEVELOPMENT? WE ALL MOVED TO ANDOVER BECAUSE OF THE RURAL ATMOSPHERE THE
COUNCIL HAS ALL BUT URBANIZED OVER THE NEXT TEN YEARS.
I WOULD APPRECIATE YOUR COMMENTS.
LISA LAPPEN email A0295@AOL.COM
1
c . ~. (1'\1":5' 3/~I/oO
PAULA HANSON
Senator District 50
2428 Bunker Lake Blvd. NE
Ham Lake. MN 55304 Senate
Phone: (612) 755-3533
and
328 State Capitol Building
75 Constitution Avenue State of Minnesota
St. Paul, MN 55155-1606
Phone: (612) 296-3219
Fax: (612) 296-6511
Internet E-Mail:
sen. paula.hanson@senateJeg,state,mn.us RECEIVED
March 14,2000
MAR 1 5 2000
CITY OF ANDOVEr.)
Richard Fursman, Administrator
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304-2612
Dear Richard:
Congratulations on your final selection for a site of the new Andover High School.
It is obvious that your Total Team Effort to select a location to build the new high
school on the west side of Crosstown Boulevard, south of the Woodland Estates
development was a success. I know of the long hours spent clearing the way for an
appropriate site was not an easy task, but by pulling together your staff and others
have done a fantastic job in a short amount of time.
With continued success on this project, students will be attending the new Andover
High School by the fall of 2002.
My best always,
P ULA HANSON
State Senator - District 50
COMMITI'EES: Vice-Chair: Agriculture & Rural Development. Member: Children, Families & Learning.
K-12 Education Budget Division. Education Finance' Transportation' Transportation Budget Division
SERVING: Andover, Bethel, Blaine (3-1). Burns Township, Cedar, Columbus Township, East Bethel, .at~~.
Ham Lake. Linwood Township, Nowthen, Oak Grove, Ramsey, St, Francis
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
,
I
/ ORDINANCE NO.8VVVVV
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 34-32-24-43-0001):
1) Rezone from R-4, Single Family Urban to M-2, Multiple Dwelling on
approximately 9.7 acres legally described as Lot 5, WATTS GARDEN ACRES.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 21 st day of December
1999.
,) CITY OF ANDOVER
, f. lnc.~
ArrEST:
it ~'JJ ft<..t!'/.
Victoria V olk, City Clerk
. \
/
~ City of II
Sunridg1e Rezoning , '1
-
Andover
i........,....,
LEGEND R-1A - Manufactured Housing N Sou rces:
R-2 - Single Famlly-Estate A
N Subject Property j"',;:1 R-3 - Single Famlly-Suburban Andover Engineering , "
V,p R-4 - Single FamUy-Urban Andover GIS J
N Street Center lines ",,,,,;.'. M-1 - Multiple Dwelllng low Density Anok. County GIS
~ M-2 - Multiple Dwelling
o 350' Mailing Boundary Ii3 lB - LImited Business
:,);:,),:, NB. Neighborhood Business
~ SC - Shopping Center 1 inch'" 990 feet RF .1:11,883
IilI!I GB - General Business I LOCATION
~I-Industrlal Map Date: November 19, 1999
['1] GR - General Recreation
.
CITY OF ANDOVER
COUNTY OFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 220A
AN ORDINANCE REPEALING ORDINANCE NO. 220 REQUIRING
LICENSES, PERMITS AND ESTABLISHING FEES AND PENALTIES FOR
EXCA V A TORS OR CONTRACTORS PERFORMING STREET OPENINGS IN
THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains:
Ordinance No. 220 is hereby repealed.
Adopted by the City Council of the City of Andover on this 6th day of March,
2000.
I
ATTEST: CITY OF ANDOVER
~ tfdb ~. f. li1v~ ,
Victoria V olk, City Clerk l E. McKelvey, Mayor
,
, I
...
ARTICLES OF INCORPORATIONR
OF ECEIVED
GREY OAKS AT ANDOVER FEB 8 2000
OWNERS' ASSOCIATION CITY OF ANDOVER
The undersigned, for the purpose of organizing a corporation under and pursuant to the
provisions of Minnesota Statutes Chapter 317 A, commonly known as the Minnesota non-profit
corporation act, does hereby associate as a body corporate and adopt the following Articles of
Incorporation. All capitalized tenus used herein shall have the meaning given them in the
Declaration of Covenants for Grey Oaks at Andover, recorded, or to be recorded, in the Office of
the CountY Recorder, Anoka County, Minnesota, and as the same may be amended from time to
time.
ARTICLE I
NAME
The name ofthis corporation is: Grey Oaks at Andover Owners' Association.
ARTICLE II
PURPOSE
The purpose of this Association is to provide for the maintenance, preservation and
architectural control, together with the regulation of activities in the Lots and Common Areas, the
Planned Community of Grey Oaks at Andover, located in Anoka County, Minnesota, on the
Subject Property, and to promote the health, safety, welfare, comfort, convenience and economic
well-being of the present and future owners of residential units in the Community and for those
purposes to:
A. Exercise all the powers and privileges and perfonu all of the duties and obligations
of the Association as the same may be set forth in these Articles, the Bylaws and the Declaration or
as granted to a unit owners association pursuant to the Minnesota Common Interest Ownership Act.
B, Fix, levy, collect and enforce payment by any lawful means of all charges,
assessments and expenses pursuant to the tenus of the Declaration and to pay all expenses in
connection therewith and incident to the conduct ofthe business ofthe Association.
C. Acquire by gift, purchase or otherwise, own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or
personal property in connection with the affairs of the Association.
1900066v3 (14Q3M03!.DOC)
.
D. Insofar as permitted by law, and consistent with the provisions and purposes hereof,
to do any other thing that, in the judgment of the Board, will promote the common benefit and
enjoyment of the members.
ARTICLE III
NON-PROFIT
The corporation shall not afford pecuniary gain, incidentally or otherwise, to its members.
ARTICLE IV
DURATION
The period of duration of corporate existence of this corporation shall be perpetual.
ARTICLE V
REGISTERED OFFICE
The location of the registered office of this corporation shall be 3640 152nd Lane N.W.,
Andover, Mirmesota 55304, or such other place within the State of Mirmesota as the Board shall
designate,
ARTICLE VI
NO PERSONAL LIABILITY
There shall be no personal liability of members, directors, or officers of the corporation for
the corporation's obligations.
ARTICLE VII
INCORPORATOR
The name and post office address of the incorporator (being a natural person of full age) of
this corporation is:
Gerald Windschitl
3640 152nd Lane N.W.
Andover, Minnesota 55304
ARTICLE VIII
BOARD OF DIRECTORS AND TERM
The general conduct and management of the affairs of the corporation shall be vested in the
Board.
The corporation, having a single member, hereby appoints the below named person as the
first director until the first conveyance of a Lot to an Owner other than Declarant.
1900066v3 (l4Q3M03!.DOC) 2
.
Gerald Windschitl
3640 152nd Lane N.W.
Andover, Minnesota 55304
Upon or before the conveyance of a Lot to an Owner other than Declarant, Declarant shall appoint
two additional directors, the three of whom collectively shall then constitute the Board during the
Declarant Control Period, unless removed or replaced by Declarant. The Declarant shall have the
sole right to elect directors of the Board until the earlier of three (3) years after the date of the fIrst
conveyance of a Lot to an Owner other than Declarant or sixty (60) days after conveyance of
seventy-fIve percent (75%) of the Lots to Owners (the "Termination of Declarant Control");
provided, however, not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots
to Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of the
directors of the Board shall be elected by Owners other than Declarant at a special meeting of the
Owners to be held for such purposes. For the purposes of this Article, the percentage of the Lots
which have been conveyed shall be computed by including all Lots which the Declarant has
reserved the right to build in the Declaration, including the Condominium Units that the Declarant
may build on the platted Lots reserved for the same under the Declaration. Upon Termination of
Declarant Control, the Owners shall elect succeeding directors in such number and for the terms set
forth in the Bylaws.
ARTICLE IX
BOARD ACTION WITHOUT A MEETING
A. Any action required or permitted to be taken at a Board meeting may be taken by
written action signed by the number of directors required to take such an action at a Board meeting
duly called for such purpose; provided that all directors must be notifIed of the text of the written
action prior to the signing by any of the directors.
B. The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action.
C. When written action is permitted to be taken by less than all directors, all directors
shall be notified inunediately of its text and effective date. Failure to provide the notice does not
invalidate the written action.
ARTICLE X
MEMBERS
Ownership of a Lot for purposes of membership shall be as defmed in the Declaration and
Bylaws. Membership shall be appurtenant to and may not be separated from ownership 0 f any Lot.
Members shall all be Owners and shall be entitled to one vote for each Lot owned.
When more than one person holds an interest in a Lot, all such persons shall be members,
but in no event shall more than one vote be cast with respect to any Lot. The one vote must be cast
19OOO66v3 (14Q3M03!.DOC) 3
.
by the Ovmers of the Lot acting together and may not be divided among or cast fractionally by the
Owners of a Lot.
ARTICLE XI
QUORUM
Members entitled to cast twenty percent (20%) of the total votes of the Association are
required to be present in person or by proxy for a quorum.
ARTICLE XII
POWERS
For carrying out the purposes and intents of this corporation, the Association shall have all
the rights, powers and privileges granted to a nonprofit corporation under the laws of the State of
Minnesota, and all of the rights, powers and privileges granted to a unit ovmers association under
the laws of the State of Minnesota, including, but not limited to, the following:
A. To prescribe rules and qualifications for membership and rules and regulations for
the use and enjoyment of the Lots and Common Areas located on the Subject Property, including
remedies for the enforcement of any such rules and regulations.
B. To do any act or thing necessary or appropriate to the exercise of any power herein
granted, or granted in the Declaration or the Bylaws, necessary or appropriate to effect the purposes
herein expressed, including powers implied from express grants or power herein.
ARTICLE XIII
BYLAWS
The Bylaws of the corporation shall be adopted by the Board. Such Bylaws may contain
such rules and regulations governing membership in the Association and the conduct of the
activities thereof as the Board deems proper; and may provide for the amendment thereof by the
Board in any respect not inconsistent with these Articles.
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by members
holding not less than eighty percent (80%) ofthe total voting power of the Association and eighty
percent (80%) of all Mortgagees holding a first mortgage on a Lot. Upon dissolution of the
Association, other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which this
Association was created. In the event that such dedication is refused acceptance, such assets shall
be granted, conveyed and assigned to any non-profit corporation, association, trust or other
organization devoted to similar purposes.
1900066v3 (14Q3M03!.DOC) 4
.
ARTICLE XV
CAPITAL STOCK
This corporation shall have no capital stock.
ARTICLE XVI
AMENDMENT
These Articles may be amended only by approval of Owners holding at least 51% of the
total voting power of the Association and approval of at least 51 % of the directors of the Board.
ARTICLE XVII
MISCELLANEOUS
All matters relating to the management and conduct of the affairs of the Association not
specified herein shall be as prescribed in the Bylaws or the Declaration, or as prescribed by the laws
of the State of Minnesota in force and in effect from time to time. Capitalized tenns used herein
shall have the meaning set forth in the Declaration unless otherwise stated herein.
IN TESTIMONY WHEREOF, I have hereunto set forth my name this _ day of
March ,2000.
Gerald Windschitl, Incorporator
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _ day of March, 2000 personally appeared Gerald Windschitl, to me known
to be the person described in and who executed the foregoing instrument and acknowledged that
she is the sole director of Grey Oaks at Andover Owners' Association, and acknowledged said
instrument to be his free act and deed and the free act and deed of said Owners' Association,
Notary Public
!900066v3 (!4Q3M03!.DOC) 5
,
EXHIBIT A
TO
ARTICLES OF INCORPORATION
OF
GREY OAKS AT ANDOVER OWNERS' ASSOCIATION
SUBJECT PROPERTY LEGAL DESCRIPTION
Lots 1-19, Block 3
Lots 1 - 25, Block 4; and
Lots 1 - 9, Block 5
all in GREY OAKS, Anoka County, Minnesota.
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,
RECEIVED
BYLAWS
OF FEB 8 2C~:J
GREY OAKS OF ANDOVERITY OF ANDO\lrl
OWNERS' ASSOCIATION
ARTICLE I.
Name and Location
The name of this non-profit corporation is GREY OAKS AT ANDOVER OWNERS'
ASSOCIATION, hereinafter referred to as the Association. The principal office of the
corporation shall be located at 3640 152nd Lane N.W., Andover, Minnesota 55304,
ARTICLE II.
Definitions; Scope
The terms and phrases used in these Bylaws shall have the meanings set forth in the
Declaration of GREY OAKS AT ANDOVER PLANNED C011MUNITY, Common Interest
Community No. _ (the "Declaration") as filed for record in the Office of the Anoka County
Recorder.
This Association governs the "planned community" of Grey Oaks at Andover. It is the
unit owners association for Single Family Lots and Twin Home Lots in the Community. It will
be the master association for any Condominium Units in the Community. One or more
Condominium Associations shall be established to act as the unit owners association for the
Condominium Units. Accordingly, the Association shall have no responsibility to construct,
maintain, repair or replace Condominium Units or any Limited Common Areas allocated only to
the Condominium Units.
ARTICLE III.
Meetings of Members
Section 1, Annual MeetinQ:s. The first annual meeting of the Members shall be held
within ninety (90) days after filing of the Declaration at a time and place to be determined by the
Board. Subsequent annual meetings shall be held yearly at such time an place as is specified by
the Board, At each annual meeting, there shall be at a minimum, (i) a report on the activities and
financial conditions of the Association; (ii) consideration of and action on any other matters
included in the notice of the meeting; and (iii) following termination of the Declarant Control
Period, an election of successor directors for those directors whose terms have expired.
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Section 2. Special Meetin?s. Special meetings of the Members may be called at any
time by the president, or the vice president, or by a director, and must be called by the president
upon receipt of written requests from a majority of the Members.
Section 3. Special Meeting upon Termination of the Declarant Control Period. Upon
the termination of the Declarant Control Period, a special meeting of the Members shall be held
upon a call issued by the Board. All ofthe officers and directors of the Association appointed by
the Declarant shall resign at such special meeting of the Members and thereafter the Members
shall elect successors for said directors.
Section 4. Notice of Annual and Special Meetings. Notice of all meetings of the
Members, stating the time and place and the purpose for which the meeting is called shall be
given by the secretary of the Association. The secretary shall, at least twenty-one (21) days but
no more than thirty (30) days in advance of any annual meeting or regularly scheduled meeting,
and at least seven (7) days but no more than thirty (30) days in advance of any special meeting,
send to each Member a notice containing the time, place and complete agenda of the meeting.
The notice shall be sent by United States mail, postage-prepaid, or hand delivered to all
Members of record at the address of their respective Lots, or to other addresses as may have been
designated to the secretary.
Section 5. Ouorum. Members holding at least twenty percent (20%) of the total voting
power of the Association must be present, in person or by proxy, to constitute a quorum for the
transaction of business at any annual or special meeting. When such quorum is not present or
represented by proxy, the meeting shall be adjourned and a second meeting scheduled, At the
second meeting, the required quorum shall be 15% of the total voting power. No notice, other
than the announcement of the second meeting at the time the first meeting is adjourned, shall be
necessary. When a quorum is present at an annual or special meeting but certain Members have
withdrawn from the meeting so that less than a quorum remains, the then remaining Members
may continue to transact business.
Section 6. Proxies. At all meetings of the Members, each voting Member may vote in
person or by proxy. All proxies shall be in writing and filed with the secretary of the Association
five (5) days before any meeting, Every proxy shall be revocable and shall automatically cease
upon adjournment of the annual or special meeting for which such proxy was given, Every
notice of an annual or special meeting shall set forth procedures for the appointment of proxies.
Section 7. Voting.
a. The Owners of each Lot shall be allocated one vote for each Lot owned. Where
the record Owner is comprised of more than one person or entity, such persons or entity or
entities shall, at the time ownership is acquired, designate in writing to the Board the person
entitled to vote on behalf of said persons or entity or entities, Such designation shall remain in
effect until a written change, signed by each and every person or entity comprising the record
Owner, is delivered to the Board;
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b. The Association is not entitled to a vote during any time when a Lot is owned by
the Association; and
c. The entire vote on any single issue, including the election of Directors, may be by
mailed ballots if so stated in the notice required by Article III, Section 4 above. Such a vote shall
have the same force and effect of a vote taken at a regular or special meeting, provided that at
least fifty percent (50%) of the voting power of the Association is cast in such vote.
d. There shall be no cumulative voting.
Section 8. Telephone Conference Meetings.
a. A conference among Members, or among the members of any committee
designated by the Members, by any means of communications through which the participants
may simultaneously hear each other constitutes a meeting of the Members, or the committee,
provided the same notice is given of such a telephone conference as would be required for a
meeting, and provided the number of persons participating in the telephone conference would be
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting.
b. A Member may participate in a meeting of the Membership, or any committee
designated by the Membership, not described in paragraph (a) by any means of communication
through which the participants may simultaneously hear each other during the telephone
conference, and such communication shall constitute personal presence at the meeting if the
same notice is given as would be required for a meeting, and if the number of members
participating in the telephone conference are sufficient to constitute a quorum,
Section 9. Order of Business. The order of business at the annual meetings of the
Members and as far as is practical at all other meetings of Members shall be:
a. Election of chairman ofthe meeting;
b, Calling of the roll and certifying of proxies;
c. Proof of notice of meeting;
d. Reading and disposal of any unapproved minutes;
e. Reports of officers;
f. Reports of committees;
g. Election of inspectors of election;
h. Nomination and election of Directors;
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.
.
1. Unfinished business;
J. New business; and
k. Adjournment.
Conduct of each meeting shall be governed by Robert's Rules of Order Revised.
ARTICLE IV.
Board of Directors--Selection-- Term of Office
Section 1. Initial Board: Declarant Control Period. The affairs of the Association shall
be managed by a Board of Directors. The first Board shall consist of the sole director named in
the Articles of Incorporation. Upon conveyance of the first Lot to an Owner other than
Declarant, Declarant shall appoint two additional directors. Declarant shall have the sole right to
appoint and remove directors of the Board until the earlier of three (3) years after the date of the
first conveyance of a Lot to an Owner other than the Declarant or sixty (60) days after
conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant (the
"Termination of Declarant Control"); provided, however, not later than sixty (60) days after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, not fewer than
33-1/3% of the directors of the Board shall be elected by Owners other than Declarant at a
special meeting of the Owners to be held for such purposes, pursuant to Section 2 of this Article.
For the purposes of this Article, the percentage of the Lots which have been conveyed shall be
computed by including all Lots which the Declarant has reserved the right to build in the
Declaration, including all Condominium Units that the Declarant may build on the land reserved
for the same, pursuant to the Declaration.
Section 2. Directors Elected bv Owners. At the special meeting of Owners after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, the Owners other
than Declarant shall elect two directors, each for an initial term of one year, and the Declarant
shall appoint three directors, and shall retain the right to remove or replace these three directors
until Termination of Declarant Control. Upon Termination of Declarant Control, at a meeting of
the Owners called by the secretary of the Association, the Owners shall elect a Board offive (5)
members. Only one vote shall be taken, and those nominees receiving the most numbers of votes
shall be elected. The two elected directors receiving the highest number of votes shall each serve
a term of three years; the two elected directors receiving the next highest number of votes shall
each serve a term of two years, and the elected director receiving the lowest number of votes
shall serve a term of one year. Thereafter, every year at the annual meeting of Members,
elections shall be held to replace those directors whose terms are expiring. The terms of all
directors so elected shall be three years. Following Termination of Declarant Control, a majority
of directors shall be Owners other than Declarant. At the expiration of the term of office of each
director, a successor shall be elected to serve for a term of three (3) years, The directors shall
hold office until their respective successors have been elected and installed.
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Section 3. Removal. After Termination of Declarant Control, and prior thereto only with
respect to directors elected by Owners other than the Declarant, any director may be removed
with cause by the Board as specified herein and without cause by a sixty percent (60%) vote of
the voting Members actually present at a special meeting called for that purpose and for which
notice pursuant to these Bylaws has been given. Any vacancy caused by such removal shall be
remedied pursuant to these Bylaws.
Section 4. Compensation. No director shall receive compensation for any service
rendered to the Association. However, any director may be reimbursed for actual expenses
incurred in the performance of duties.
Section 5. Voting. Each director shall be entitled to one vote.
Section 6. Vacancy. Until Termination of Declarant Control, a vacancy caused by the
removal or resignation of a director appointed by Declarant shall be filled by Declarant and a
vacancy caused by the removal or resignation of a director elected by the owners other than
Declarant shall be filled by an election by the Owners other than Declarant. After Termination of
Declarant Control, a vacancy in the Board caused by the removal or resignation of a director may
be filled by appointment by the Board. The director appointed to fill such vacancy shall serve for
the remainder of the term of the director being replaced.
ARTICLE V.
Meetings of Directors
Section 1. Regular Meetings. Regular meetings of the Board shall be held at such place
and hour as may be fixed from time to time by the notice of such meeting of the Board. Should
said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the
next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board shall be held when called by
the president of the Association, or by at least two directors after not less than three (3) days
notice to the other directors.
Section 3. Notice. To the extent practicable, the Board shall give reasonable notice to
Owners of the date, time and place of a Board meeting. If the date, time, and place of meeting is
announced at a previous Board meeting, is posted in a location accessible to Owners and
designated by the Board from time to time, or if an emergency requires immediate consideration
of a matter by the Board, notice is not required. Meetings shall be open to Owners, but may be
closed to discuss the following:
a. personnel matters;
b. pending or potential litigation, arbitration or other potentially adversarial
proceedings, between Owners, between the Board or Association and Owners, or
other matters in which any Owner may have an adversarial interest, if the Board
determines that closing the meeting is necessary to discuss strategy or to
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otherwise protect the position of the Board or Association or the privacy of an
Owner or occupant of a Lot; or
c. criminal activity arising within the Community if the Board determines that
closing the meeting is necessary to protect the privacy of the victim or that
opening the meeting would jeopardize investigation of the activity.
Section 4. Ouorum. Every act or decision done or made by the sole director of the first
Board shall be regarded as an act of the Board. Thereafter, a simple majority of the directors
shall constitute a quorum for the transaction of business. Every act or decision done or made by
the directors at a duly held meeting at which a quorum is present shall be regarded as an act of
the Board.
Section 5. Presiding Officer. The presiding officer of any meeting of the Board shall be
the president of the Association.
Section 6. Meetings bv Conference Call.
a. A conference among directors, or among members of any committee designated
by the Board, by any means of communication through which the participants may
simultaneously hear each other during the conference, constitutes a meeting of the Board, or the
committee, provided the same notice is given of the telephone conference as would be required
for a meeting, and provided the number of persons participating in the telephone conference are
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting.
b. A director may participate in a meeting of the Board, or any committee designated
by the Board, not described in paragraph (a) by any means of communication through which he,
other persons so participating, and all persons physically present at the meeting may
simultaneously hear each other during the meeting. Participation in a telephone conference
meeting constitutes personal presence at the meeting.
Section 7. Board Action Without a Meeting.
a. Any action required or permitted to be taken at a meeting of the Board may be
taken by written action signed by the number of directors that would be required to take the same
action at a meeting of the Board at which all directors were present, provided that all directors
must be notified of the text of the written action prior to the signing by any of the directors.
b. The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action. When written action is
permitted to be taken by less than all directors, all directors shall be notified immediately of its
text and effective date. Failure to provide the notice does not invalidate the written action.
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ARTICLE VI.
Powers and Duties of the Board of Directors
Section 1. Powers. All ofthe powers of the Association shall be exercised by the Board,
including those existing under common law, statutes, the Articles and those powers designated
for the Association by the Rules and Regulations. Such powers shall include, but shall not be
limited to, the power to:
a. Adopt, amend and publish Rules and Regulations governing the use of the Lots
and Common Areas, and the personal conduct of the members and their guests in the Lots and
Common Areas, and to establish penalties for the infraction thereof;
b. Adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect Assessments from Owners;
c. Exercise for the Association all powers, duties and authority vested in or
delegated to the Association and not reserved to the Members by other provisions of these
Bylaws, the Articles or the Declaration;
d. Make and collect assessments to defray costs and expenses, and use the proceeds
of assessments in the exercise of its powers and duties;
e. Expend money of the Association to improve, maintain, repair, and make
replacements in the Common Areas and improvements and fixtures therein as authorized by the
Declaration;
f. Enforce by legal means the provisions of the Declaration, the Articles, the
Bylaws, and the Rules and Regulations, and to levy fines for any violation thereof. Fines may be
levied as Special Assessments;
g. Employ and terminate such independent contractors or employees as the Board
deems necessary, and to delegate to such persons powers and duties of the Association except
such powers and duties as require approval of the Members;
h. Purchase such policies of insurance as allowed or required by the Declaration, or
any other insurance deemed appropriate to protect the Association or the Owners;
i. Increase the General Assessment in an amount not to exceed 5% of the prior
year's General Assessment, except that a greater increase may be approved by a majority vote of
the Members;
J. Establish any committees that the Board deems necessary or desirable, including,
but not limited to, an Architectural Review Committee;
k. Establish the Reserve Fund described in Section 3 below; and
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1. Declare the office of a director of the Board to be vacant in the event such director
shall be absent from three (3) consecutive regular meetings of the Board without sufficient
reason and proper prior notification.
Section 2. Duties. It shall be the duty of the Board to:
a. Cause to be kept a complete record of all of its acts and corporate affairs and to
present a statement thereof to the Members at the annual meeting of the Members, or at any
special meeting when such statement is requested in writing by Members holding twenty percent
(20%) of the total voting power of the Association.
b. Make and file all elections and documents required in order to exempt from
taxation, insofar as possible, the income of the Association;
c. Supervise all officers, agents and employees of the Association, and see that their
duties are properly performed;
d. Prepare and distribute to the Members at or before the annual meeting an Annual
Report. At a minimum, the board must provide to each Owner prior to or at each annual meeting
an annual report containing:
(i) a statement of any capital expenditures in excess of two percent of the
current budget or $5,000, whichever is greater, approved by the Association of the
current fiscal year or succeeding two fiscal years;
(ii) a statement of the balance in any reserve or replacement fund;
(iii) a copy of the statement of revenues and expenses for the Association's last
fiscal year, and a balance sheet as of the end of said fiscal year;
(iv) a statement of the status of any pending litigation or judgments to which
the Association is a party;
(v) a statement of the insurance coverage provided by the Association; and
(vi) a statement of the total past due Assessments on all Lots, current as of not
more than 60 days prior to the date ofthe meeting;
e. Elect annually the officers of the Board of Directors;
f. As more fully provided in the Declaration, to:
(i) fix the amount of the General Assessment against each Lot at least
fifteen (15) days in advance of each General Assessment period in accordance
with the Declaration;
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.
(ii) send written notice of each Assessment to every Owner subject
thereto at least fifteen (15) days in advance of each General Assessment period;
and
(iii) foreclose, by action or by power of sale, the lien against any Lot for
which Assessments are not paid within thirty (30) days after due date, or to bring
an action at law against the Owner personally obligated to pay the same;
g. Issue, or cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether or not any Assessment has been paid. A reasonable charge may
be made by the Board for the issuance of these certificates. If a certificate states an Assessment
has been paid, such certificate shall be conclusive evidence of such payment;
h. Procure and maintain adequate insurance as required by law or by the
Declaration; and
1. Cause all Common Areas and related improvements to be properly maintained.
Section 3. Reserve Fund.
a. Collection of Reserve Fund. After consideration of the future requirements for
maintenance, the Board shall levy as part of the General Assessment or as a Special Assessment
such sums of money as it shall determine necessary to provide for the payment of maintenance
and replacement of all improvements to and maintenance of the Common Areas that the
Association is obligated to maintain, repair or replace. Such monies shall be credited to an
appropriate account on the books of the Association with the designation "Reserve Funds."
b. Investment of Reserve Fund. The Board shall determine, on a quarterly basis,
what portion of the maintenance fee receivables to set aside for the reserve fund, and, at such
time, shall cause those funds to be invested in certificates of deposit, savings accounts, U.S.
government bonds or state or municipal bonds. No other investments of reserve funds shall be
allowed.
c. Use of Reserve Fund. Notwithstanding any provision to the contrary, the Reserve
Fund may be used for, but is not limited to:
(i) Constructing, repairing, maintaining and replacing fixtures and
improvements within Common Areas;
(ii) Repairing and replacing Common Areas which are the responsibility of
the Association;
(iii) Resurfacing or replacement of roads, parking spaces and driveways which
are the responsibility of the Association.
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.
(iv) Replacement of trees, grass, shrubs, and other landscaping of Common
Areas which are the responsibility of the Association.
Any replacement or repairs required by the negligent action of the Owner or his/her
resident or invitee shall be the sole financial responsibility of such Owner.
ARTICLE VII.
Officers
Section 1. Enumeration of Officers. The officers of this Association shall be a president,
a vice president, and a secretary-treasurer, who shall at all times be directors of the Board. Any
person may hold two or more offices, except that the officers of president and vice president and
the offices of president and secretary-treasurer shall be held by different persons. The Board
shall, from time to time, elect such other officers and designate their powers and duties as the
Board shall find to be required to manage the affairs of the Association.
Section 2. Election of Officers. The election of officers shall take place at the first
meeting of the Board following each annual meeting of the Members.
Section 3. Term. The officers shall be elected annually by the Board and each shall hold
office for one (I) year unless the officer shall sooner resign, or shall be removed, or is otherwise
disqualified to serve.
Section 4, Resignation and Removal. Any officer may be removed from office with
cause by the Board. Any officer may resign at any time by giving written notice to the Board,
the president br the secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 5. Vacancies. A vacancy in any office shall be filled by appointment by the
Board. The officer appointed to such vacancy shall serve for the remainder of the term of the
officer being replaced.
Section 6. Duties. The duties of the officers are as follows:
a. President. The President shall be the chief executive officer of the Association.
The President shall have all of the powers and duties which are usually vested in the office of the
President of a corporation, including, but not limited to, the duty to preside at all meetings of the
Board and Members, and the general supervision over other officers and the affairs of the
Association. The President shall execute all contracts, agreements and obligations of the
Association except as such authority may be otherwise delegated by resolution of the Board of
Directors.
b. Vice President. The Vice President shall, in the absence or disability of the
President, exercise the powers and perform the duties of the President. The Vice President also
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.
shall assist the President and exercise such other powers and perform such other duties as shall
be prescribed by the directors.
c. Secretarv- Treasurer. The Secretary-Treasurer shall keep the minutes of all
proceedings of the Board and the Members and attend to the giving and serving of all notices to
the Members and directors and other notices required by law. The Secretary-Treasurer shall keep
the records of the Association, and shall perform all other duties incident to the office of a
secretary or treasurer of a corporation and as may be required by the Board or the President.
The Secretary-Treasurer shall have custody of all intangible property of the Association,
including funds, securities and evidences of indebtedness, and shall give bond in such sum and
with such sureties as the Board may require; and shall keep the Assessment rolls and accounts of
the Members, shall keep the books of the Association in accordance with good accounting
practices and shall submit them together with all vouchers, receipts, records and other papers to
the Board for examination and approval as often as the Board may require. The Secretary-
Treasurer shall deposit all monies and other valuable effects in the name of or to the credit of the
Association in such depositories as may be designated by the Board, shall disburse the funds of
the Association as ordered by the Board, and shall perform all other duties incident to the office
of a treasurer of a corporation, If a managing agent or manager is employed, the Board may
designate some or all of the foregoing functions to be entrusted to said agent or manager, subject
to bonding and subject to oversight and control by the Secretary-Treasurer.
ARTICLE VIII.
Fiscal Management
Section 1. Property Held for Members' Benefit. All funds and the titles of all properties
acquired by the Association, and the proceeds thereof, after deducting therefrom the costs
incurred by the Association in acquiring the same, shall be held for the benefit of the Members
for the purposes stated in the Declaration and herein.
Section 2. Depositorv. The depository of the Association shall be such financial
institutions as shall be designated from time to time by the Board and in which the monies of the
Association shall be deposited. Withdrawal of monies from such accounts shall be only by
instruments signed by such persons as are authorized by the Board.
ARTICLE IX.
Assessments
All Assessments shall be levied and collected in accordance with the law and the
Declaration, and may be collected by all legal means available.
ARTICLE X.
Maintenance and Alterations by the Member
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.
Members shall perform their responsibilities in such manner as not to disturb other
Owners, shall not impair any easement affecting the Community, and shall comply with the
Rules and Regulations, Bylaws and Declaration.
ARTICLE XI.
Limitation on Contract Duration
No contract, lease, management contract or employment contract, which is directly or
indirectly made by or on behalf of the Association, shall be entered into for a period exceeding
two (2) years. Any contract providing for services by Declarant shall provide for termination by
either party without cause or payment of a termination fee, on ninety (90) days or less prior
written notice.
ARTICLE XII.
Books and Records
The books, records and papers of the Association shall at all times, during reasonable
business hours, be available for inspection by any Member or to any mortgagee, insurer or
guarantor upon request to the Secretary of the Association.
ARTICLE XIII,
Corporate Seal
The Association shall not have a corporate seal.
ARTICLE XIV.
Amendments
The Board shall have the right to amend these Bylaws by a resolution setting forth the
proposed amendment or amendments adopted by a majority of the Board.
ARTICLE XV.
Conflicts
In the case of any conflict between the Declaration and these Bylaws or Articles, the
Declaration shall control, and in the case of any conflict between the Bylaws and Articles, these
Bylaws shall control.
ARTICLE XVI,
Fiscal Year
The fiscal year of the Association shall begin on the 1st day of January and end on the
31 st day of December in each year, except that the first fiscal year shall begin on the date of
incorporation.
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ARTICLE XVII.
Severability
Invalidation of anyone of these Bylaws by judgment of court order shall in no way affect
any other provision which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the sole director of GREY OAKS
AT ANDOVER OWNERS' ASSOCIATION, has hereunto set his hand this day of
March, 2000.
Gerald Windschitl
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _ day of March, 2000 personally appeared Gerald Windschitl, to me mown
to be the person described in and who executed the foregoing instrument and acknowledged that
she is the sole director of Grey Oaks at Andover Owners' Association, and acknowledged said
instrument to be his free act and deed and the free act and deed of said Owners' Association.
Notary Public
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~
< '
RECE\VED
FEB 8 2000
ClTY OF ANDOVER
GREY OAKS AT ANDOVER
OWNERS' ASSOCIATION
PLANNED COMMUNITY
RULES AND REGULATIONS
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,
TABLE OF CONTENTS
ARTICLE PAGE
1. Limitation on Use of Residential Unit............................................,...............................2
II. Resale Procedures.......................... ...................................... ........................................ 2
A. Resale of Lot....... ............... ....................... ....................................................... 2
B. Lot Leasing Regulations.......................... ........................................................... 4
III. Pet Regulations. ......................................................... ......... .....,..... ....... .................,.... 4
N. Board's Authority. .......... .............................. ........................,............... ........ ,.............. 5
V. Notice to Members. .....................................,.................,...................,..,...........,.......... 5
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,
RULES AND REGULATIONS
FOR
GREY OAKS AT ANDOVER
Each Owner's use of the facilities in the planned community is subject to these and new
rules as may be established by the Board of the Association from time to time.
These Rules and Regulations have been drafted to provide guidelines and protections to
the Owners. The Board can review the Rules at any time to assure that they meet the requirements
and wishes of the Owners and the Association.
The Rules and Regulations are not intended to place impossible or unreasonable
restrictions on Owners, but they do include certain guidelines which must be observed for
everyone's benefit and quiet enjoyment. You should review this document carefully.
Each Owner is responsible for compliance with the Rules and Regulations by family,
guests, visitors, lessees and other invitees.
All capitalized terms used herein shall have the meanings given them in the Declaration.
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~
RULES AND REGULA nONS
1. Limitation on Use of Residential Lot. Each Owner has control and use of his /her Lot for
residential living as defined in the Declaration. All tenants, occupants, guests, and invitees of any
Lot are subject to these Rules and Regulations, and the Owner is responsible for providing any
tenant or occupant with a copy of the current Rules and Regulations. The following uses are
specifically prohibited:
A. Uses which create a nuisance or disturbance for others. Each Owner should
particularly minimize noise intrusion in any form, including that from music, machinery and
appliances, from 10 p.m. to 9 am.
B. Uses which damage or interfere with the operation of the structural or mechanical
portions of any Common Areas.
C. The Common Areas, and Limited Common Areas, shall not be used for any
pwpose other than those for which they are designed. Any damages resulting from misuse shall be
borne by the Owner who has, or whose tenants, occupants, guests or invitees have, caused the
damages.
D. No Owner shall use or permit to be brought into the Lots or any portion of the
Common Areas, any inflammable fluids, explosives or articles deemed hazardous to person or
property without, in each case, obtaining the written consent of the Board.
E. Except as specifically permitted by the Declaration, or as approved in writing by
the Board, no business activity of any kind, designed for profit or otherwise, shall be permitted on
the Subject Property.
F. Each Owner shall comply with all applicable laws, ordinances and regulations,
and shall defend, indemnify, and hold the Association and other Owners harmless from all fines,
penalties and costs for any violation thereof by said Owner or his tenants, occupants, guests or
invitees.
II, Resale Procedures.
A. Resale of Lot. Any Member contemplating the sale of a Lot shall inform the
Secretary of the Association of the Member's intent to sell the Lot at the time the Lot is offered for
sale. The Association shall, within ten (10) days after a written request from a Member or the
Member's authorized agent, furnish a certificate containing the following information:
1. A statement that the Declaration, Bylaws, Rules and Regulations or any
amendments thereof contain no right of first refusal or other restraint on the free
alienability of the Lot;
1900036v2 (14Q2S02!.DOC) 2
y
2. A statement setting forth the amount of monthly installments of
Assessments, including Special Assessments, if any, and any due and unpaid General or
Special Assessments, fines or other charges payable with respect to the Lot;
3. A statement of any fees or charges other than Assessments payable by
Owner(s);
4. A statement of any capital expenditures approved by the Association for
the current and next succeeding two (2) fiscal years;
5. A statement of the amount of any reserves for maintenance, repair or
replacement and of any portion of those reserves designated by the Association for any
specified projects or uses;'
6. The most recent regularly prepared balance sheet and income and
expense statement of the Association;
7, The current budget of the Association;
8. A statement of any judgments against the Association and the status of
any pending suits in which the Association is a party;
9, A detailed description of the insurance coverage provided for the benefit
of Owners, including any fixtures, decorating items or construction items within a Lot
which are not required to be insured by the Association; and
10. A statement as to whether the Board has notified the Owner (i) that any
alterations or improvements to the Lot or to the Limited Common Areas assigned thereto
violate any provision of the Declaration or (ii) that the Lot is in violation of any
governmental statute, ordinance, code or regulation.
The seller of the Lot must provide a subsequent purchaser with this certificate to comply
with the provisions of Minnesota Statutes Section 5l5BA-107.
A reasonable fee \,,,111 be charged by the Association for preparation of this certificate.
Upon purchase of a Lot, the new Owner shall automatically become a Member of the
Association and shall register hislher name, address and evidence of interest in the Lot with the
secretary of the Association. Registering with the secretary is not required by buyers of Lots from
the Declarant.
1900036v2 (14Q2S02 !.DOC) 3
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B. Lot Leasing Regulations. The following Regulations have been adopted for any
Owner who leases hislher Lot:
1. Lots can be leased only in their entirety; no lodgers or roomers are
permitted.
2. Rental is prohibited for transient or hotel purposes requiring customary
hotel type services, or for a period of less than six (6) months. Without the prior written
consent of the Association, Lots may not be leased for period ofless than six (6) months
in any twelve (12) month period.
3. There must be a written lease agreement which, among other things,
provide the Association with the authority to terminate the lease in the event of
infractions of the Association's Rules and Regulations.
4. The Lot Owner must provide the Association with a complete copy of the
lease agreement containing the name of the lessee and all occupants of the Lot and the
term of the lease agreement. The lease agreement should be delivered to the Secretary of
the Association promptly upon execution,
5. The Owner must provide the information requested in item (4) above
each time a Lot is sublet to a new lessee, or whenever the term of the lease is extended or
renewed with an existing lessee.
6. It is the Owner's responsibility to supply a copy of the Rules and
Regulations to the lessee, and to see that the lessee complies with all Rules and
Regulations of the Association; and
7. The Association has the right to charge an administration fee for the
processing oflease agreements.
III. Pet Regulations.
A. All pets must be kept in accordance with the limitations set forth in the
Declaration. The Board reserves the right to further enact additional Rules and Regulations
regarding pets, including Rules and Regulations prohibiting the keeping of any animals on a
Condominium Unit, provided that any pet being kept on a Lot in accordance with the Rules and
Regulations governing the Lot at the time the pet began being kept on the Lot shall not be
prohibited by any subsequent Rule or Regulation.
B. Upon receipt of a detailed written statement alleging a violation of any pet
regulation set forth in the Declaration from any Owner, and upon confirmation of the complaint by
the Board or its representative, the Owner of the offending pet will be given written notice of the
complaint and will have the opportunity to meet with the Board prior to the Board's enforcement of
the Pet Regulations.
1900036v2 (14Q2S02!.DOC) 4
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Any Owner found to have violated this or any future regulation regarding pets,
shall be required to pay a Regulatory Expense Charge in an amount not to exceed $100 for each
violation, provided, however, that a continuing violation may be subject to imposition of the
Regulatory Expense Charge on a daily, weekly, or otherwise continuing basis, as determined by the
Board. The Board is required to give notice to the Owner of the violation. In addition, any Owner
who violates this covenant shall be subject to all legal remedies available to the Association, the
Board, and all other Owners as provided in the Declaration, any amendments thereto, and by law,
C. The Owner of a pet shall assume full responsibility for the personal injuries or
property damage caused by such pet anywhere on the Subject Property, and shall be responsible to
indemnify, defend and hold harmless the Association, its Board and the other Owners against loss,
damages, claims or liability of any kind or nature, arising from, or growing out of, any act of such
pet.
IV. Board's Authoritv. The Board reserves the right to amend, alter, grant waivers or cancel
any of these Rules and Regulations and to make such other Rules and Regulations, from time to
time as necessary for the safety, care and cleanliness of the Community, and for securing the
comfort and convenience of all Owners.
V. Notice to Members. The Board will provide reasonable notice of any changes in these
Rules and Regulations to the Owners prior to their effective date.
1900036v2 (14Q2S02!.DOC) 5
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RECEIVED
.,
FEB 8 2000
CITY OF ANDOVER
DECLARATION OF COVENANTS
FOR
GREY OAKS AT ANDOVER
THIS INSTRUMENT DRAFTED BY:
Leonard, Street and Deinard (JMF)
, 30 East Seventh Street, Suite 2270
St. Paul, MN 55101
1900072v3 (l4Q3S03!.DOC)
. .
COMMON INTEREST COMMUNITY NO,
-
PLANNED COMMUNITY
GREY OAKS AT ANDOVER
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS FOR GREY OAKS AT ANDOVER is
made as of this _ day of March, 2000 by GREY OAKS, INC., a Minnesota corporation (the
"Declarant").
RECITALS
A. Declarant is the owner in fee simple of the real property situated in the City of
Andover ("City"), in the County of Anoka, in the State of Minnesota, legally described on
Exhibit A attached hereto and incorporated herein by reference (the "Subject Property").
B. Declarant intends to develop the Subject Property as a planned community under
the City's planned unit development ordinance.
C. Declarant intends that the Subject Property ultimately will be comprised of single
family homes, twin-homes and condominium units together with substantial common areas.
D. Declarant and City have agreed that Declarant shall reserve the right to designate
some or all of the building to be developed as condominium units as "over 55 housing," subject
to the terms of the Declaration and applicable state and federal law.
E. To accomplish the foregoing, to preserve the value ofthe Subject Property, and to
facilitate the sale, re-sale, leasing and mortgaging of interests and estates in the Subject Property,
and the buildings, structures, improvements and other fixtures thereon, Declarant hereby subjects
the Subject Property to the terms of this Declaration,
F. In furtherance of the same goals, Declarant has incorporated under the laws of
Minnesota the Grey Oaks at Andover Owners' Association ("Association") to administer the
Subject Property pursuant to the Declaration.
G. Declarant desires and intends that the owners, mortgagees, occupants, and other
persons hereafter acquiring any interest in the Subject Property shall at all times enjoy the rights,
easements, privileges, and restrictions hereinafter set forth.
NOW, THEREFORE, Declarant, as the sole owner of the Subject Property and for the
purposes above set forth, hereby declares as follows:
1900072v3 (14Q3S03!.DOC)
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ARTICLE I.
DEFINITIONS
The terms and phrases used in this Declaration shall have the meanings ascribed to them
below.
A. Association. "Association" or "Owners Association" means "Grey Oaks at
Andover Owners' Association," a nonprofit corporation organized under Chapter 317 A of
Minnesota Statutes, as amended, of which each Owner shall by virtue of such ownership interest
be a member, and which has been established for the purposes of administering, managing,
maintaining, operating, repairing, altering and improving the Common Areas and Limited
Common Areas of the Subject Property for the collective benefit of the members. The Single
Family Lots and Twin Home Lots within the Community are not subject to any master
association. The Association shall act as the master association for the Condominium Units
within the Community, which shall also be subject to one or more Condominium Associations
that will act as unit owners' associations for the Condominium Units.
B. Board. "Board" means the Board of Directors of the Association.
C. Bvlaws. "Bylaws" means the Bylaws of the Association, as amended from time
to time.
D. Common Areas. "Common Areas" means all the real property, including
improvements thereon, owned or to be owned by the Association (after conveyance by the
Declarant) for the common use and enjoyment of the Owners and occupants of the Lots, to-wit:
Lot 19, Block 3; Lot 1, Block 4; and Lot 1, Block 5, all in GREY OAKS, according to the plat
thereof filed in the office of the Anoka County Recorder, together with any other area, facility,
improvement, fixture or element within the Subject Property that is designed or intended for
common use.
E. Common Exoenses. "Common Expenses" means expenditures made or liabilities
incurred by or on behalf of the Association together with any allocations for reserves including,
but not limited to, the following: premiums for any and all insurance maintained by the
Association including any deductible or co-insurance amount not covered by insurance; legal and
accounting fees; the unpaid portion of any assessment against a Lot that is acquired pursuant to a
mortgage foreclosure proceeding or a deed in lieu of foreclosure and not required to be paid by
such acquirer; deficits remaining from any prior assessment period; the cost of all fidelity bonds
required by the Board; all costs for the maintenance, operation, alteration, improvement and
replacement of the Common Areas and Limited Common Areas; and any other expenses for the
administration, operation and management of the Association and the Community determined
and assessed by the Board.
F. Communi tv. "Community" means Grey Oaks planned community to be
developed on the Subject Property, portions of which are designated for ownership as Single
Family Lots, Twin Home Lots and Condominium Units (all as identified in attached Exhibit A
and hereinafter defined), and portions of which are to be owned and administered by the
1900072v3 (l4Q3S03!.DOC) 2
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Association as Common Areas. The total number of residences planned to be constructed, and
the maximum number of residences that may be constructed, within the Community is 352.
G. Condominium Unit. "Condominium Unit" means any residence to be built within
the areas identified on Exhibit A as condominium lots, specifically Lots 11 and 12, Block 3; Lots
2 and 3, Block 4; and Lots 2, 3, 4 and 9, Block 5. Each Condominium Unit shall be a separate
parcel of real estate. The Condominium Units shall be governed by one or more Condominium
Associations, and the Association shall act as the master association for all Condominium Units.
Each Condominium Unit shall be delineated on a Condominium Plat to be filed prior to
conveyance of the first Condominium Unit to an Owner other than Declarant.
H. Condominium Association. "Condominium Association" means one or more unit
owners' associations formed or to be formed by Declarant for the purpose of governing the
Condominium Units. Declarant hereby specifically reserves the right to form one or more
Condominium Associations. Each Owner of a Condominium Unit shall be a member of one
Condominium Association, and shall be a member of the Association, which shall serve as the
master association for the Condominium Units.
1. Declarant. "Declarant" means Grey Oaks, Inc., a Minnesota corporation, its
successors or assigns.
J. Declarant Control Period. "Declarant Control Period" means the period
commencing on the date of conveyance of the first Lot to an Owner other than Declarant and
continuing until the earlier of voluntary surrender of control by the Declarant, the date three (3)
years after the conveyance of the first Lot to an Owner other than Declarant, or the date sixty
(60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than
Declarant. In determining the Declarant Control Period, the percentage of the Lots which have
been conveyed shall be computed by including all Single Family Lots, Twin Home Lots, and
Condominium Units that Declarant has built or reserved the right to build.
K. Limited Common Areas. "Limited Common Area" means the real property
(including the improvements thereto) owned by the Association for the limited use and
enjoyment of only those Owners those Lots to which the particular Limited Common Area is
allocated. There are currently no Limited Common Areas in the Community, but some of the
Common Areas may be re-allocated as Limited Common Areas, but only with the written
consent of all Owners,
L. Lot. "Lot" means every Single Family Lot, Twin Home Lot, and Condominium
Unit, as herein defined and as designated on Exhibit A. Each Lot is hereby designated for
separate ownership, and the boundaries of each Lot shall be as delineated on the Plat, or, in the
case of Condominium Units, as to be delineated on a Condominium Plat to be filed.
M. Member. "Member" means each Owner of any Lot, each of whom shall be a
member of the Association solely by virtue of ownership. Where a Lot is being sold by the
Owner to a contract vendee who is entitled to possession, the contract vendee shall be considered
the Member if: (i) the rights of the contract vendor hereunder are delegated to the vendee under
such contract for deed and (ii) the vendee shall furnish proof of such delegation to the
1900072v3 (14Q3S03!.DOCl 3
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Association. Membership shall be appurtenant to and may not be separated from ownership of a
Lot.
N, Mortgagee. "Mortgagee" means the owner of any recorded mortgage of a Lot and
the successors or assigns of such mortgagee or any persons named as vendor or seller under any
contract for deed of a Lot and the successors or assigns of such vendor.
O. Owner. "Owner" means the record owner of any Lot, but does not include a
Mortgagee or a holder of an interest as Security for an Obligation.
P. Plat. "Plat" means the plat of "Grey Oaks," filed in the office of the Anoka
County Recorder. If the context requires, "Plat" may also refer to the recorded floor plan of any
condominium building constructed on one of the platted Lots reserved for condominium
development.
Q. Purchaser. "Purchaser" means a person who holds a valid and binding purchase
agreement for a Lot.
R. Recording Officer. "Recording Officer" means the County Recorder for Anoka
County, Minnesota.
S. Rules and Regulations. "Rules and Regulations" means the Rules and
Regulations of the Association adopted by the Declarant and/or Board of the Association, as
amended from time to time.
T. Security for an Obligation. "Security for an Obligation" means the vendor's
interest in a contract for deed, mortgagee's interest in a mortgage, purchaser's interest under a
sheriffs certificate of,sale during the period of redemption, or the holder's interest in a lien.
U. Single Familv Lot. "Single Family Lot" means any Lot designated on Exhibit A
as providing a single family residence, specifically Lots 15-18, Block 3.
V. Subiect Property. "Subject Property" means that certain real property situated in
the City of Andover, in the County of Anoka, in the State of Minnesota legally described on
Exhibit A of this Declaration, together with the buildings, structures, and other permanent
fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in any
other way appertaining thereto.
W. Twin Home Lot. "Twin Home Lot" means any Lot designated on Exhibit A as
providing a twin home or townhome residence, specifically Lots 1-10, 13, and 14, Block 3; Lots
4-25, Block 4; and Lots 5-8, Block 5.
ARTICLE II.
DWELLING COVENANTS
A. Residential Purooses: Home Occunations. Each Lot shall be used only for
residential purposes and related ancillary uses. No Lot may be used for any commercial purpose,
1900072v3 (l4Q3S03!.DOC) 4
,
except that Lots may be used by Owners for home occupations that are permitted by the
applicable zoning ordinances and the Rules and Regulations. Home occupations include but are
not limited to office and studio uses, and such other uses which by custom are considered
accessory to a dwelling; provided, however, that no sign advertising such occupation shall be
displayed. Other than home occupations, no business activity, trade, or occupation of any kind
shall be conducted, maintained or permitted in any dwelling. No Lot may be used for licensed or
unlicensed residential care facilities, licensed or unlicensed day care facilities, public or private
schools, or commercial agriculture, even if such uses may be permitted by applicable zoning
ordinances.
B. Building Regulations. The following regulations apply to dwellings or other
improvements constructed on Single Family Lots and Twin Home Lots (but not to Condominium
Units):
1. Height. Dwellings shall not exceed two full stories in height, plus
allowance for roof, as measured from grade. Walk-out and look-out basements shall not
be counted as a story.
2. Garages. Each dwelling shall have an attached and fully enclosed garage
for no more than three cars. No carports or detached garages are allowed.
3. Setbacks. Dwellings must be set back from all Lot lines in compliance
with City ordinances, as modified by any applicable planned unit development special
use permit and/or the revised preliminary plat for Grey Oaks.
C. Nuisances. No noxious or offensive trade or activity shall be conducted upon any
Lot.
D. Prohibited Dwellings. No temporary structure or outbuilding of any kind, such as
a trailer, tent, shack, garage, shed or barn shall be used on any Lot at any time as a dwelling,
E. Antennas. Except as provided in the next sentence, no exterior antenna, . aerial
tower, wire, line, cable, dish or other device for transmitting or receiving radio, television,
microwave, laser or other electro-magnetic signals ("antenna") shall be on any Lot without the
written permission of the Association. Pursuant to 47 CFR S 1.4000, the Association shall not
impair the use of: (a) antennas less than one meter in diameter designed to receive. direct
broadcast television satellite service; (b) antennas less than one meter in diameter or diagonal
measurement designed to receive video programming services via multi-point distribution
services; or (c) antennas designed to receive television broadcast signals,
F. Animals. No animal may be bred, kept or maintained for business or commercial
purposes, anywhere on the Subject Property. Owners and their family and guests may keep
domesticated household pets, such as dogs and cats that do not pose an unreasonable threat to the
safety of others. Uncommon or exotic animals may not kept on any Lot. The Board shall have
the exclusive authority to regulate, through the Rules and Regulations, the keeping of animals on
Lots (provided the regulations are not inconsistent with the basic principles set forth in this
paragraph). The Association shall have the right to order an Owner to remove from the Owner's
1900072v3 (14Q3S03!.DOC) 5
,
Lot any animal that it deems, based on complaints and reasonable evidence, to be dangerous to
other Owners and occupants. The Board shall have the right to order an Owner or occupant to
remove from a Lot any dog that regularly barks continuously for more than ten minutes at a time.
Owners and occupants with pets shall be responsible for caring for their pets so as to keep the
pets from becoming a nuisance to other Owners and occupants. Owners shall be responsible for
cleaning up after their pets. Failure to promptly clean up after a pet will subject the Lot of the
pet's Owner to a special assessment for the cost of such cleanup. When an animal is on its
owner's Lot, it must be under control of the Owner or occupant. When an animal is elsewhere, it
must be on a leash not more than fifteen (15) feet long. The following additional restrictions
shall apply:
1. Single Familv Lots. No more than two dogs ill: two cats (or one of each)
may be kept on any Single Family Lot. On Single Family Lots, no pet may weigh more
than 50 pounds.
2, Twin Home Lots. No more than two dogs or two cats (or one of each)
may be kept on any Twin Home Lots. On Twin Home Lots, no pet may weigh more than
25 pounds.
3. Condominium Units. The Condominium Association shall have the right
to adopt rules and regulations governing the keeping of animals on Condominium Units.
Such rules and regulations may further limit, expand, or completely prohibit the keeping
of animals on any Condominium Unit, provided, however, that any Owner of a
Condominium Unit keeping animals thereon in accordance with this Section prior to the
adoption of such rules and regulations shall not be required to remove any such animal
upon prohibition or further limitation of the keeping of animals by the Condominium
Association. Until and unless the Condominium Association shall adopt such rules and
regulations, no more than one dog or cat may be kept on any Condominium Unit. On
Condominium Units, no pet may weigh more than 8 pounds.
G. Drivewavs: Parkin~: Vehicles. All driveways and parking areas constructed on
any Lot shall be paved with an asphalt, brick, concrete or bituminous surface no wider than the
side of the garage which faces in the same direction as the front of the house. Vehicles may be
kept in enclosed garages for any length of time. Vehicles may be parked elsewhere on a property
for no more than 72 consecutive hours. "Vehicles" include (without limitation) automobiles,
trucks, buses, vans, recreational vehicles, all-terrain vehicles, motorcycles, motorbikes, bicycles,
snowmobiles, jet skis, boats and other watercraft, house trailers, camping trailers, other trailers,
lawn mowers, and tractors of any kind.
H. Bare Ground. Every area on each Lot where natural vegetation has been removed
but not replaced with improvements or landscaping must, when feasible given the seasons, be
completely covered with sod or another natural vegetation approved by the Association, If, an
Owner fails to sod or re-establish natural vegetation within a reasonable period established by the
Association, then the Association shall have the right (but not the obligation) to sod such area
and assess the Lot for all costs associated with the work.
!900072v3 (!4Q3S03!.DOC) 6
I
I. Boulevard Trees. Declarant reserves unto itself and the Association the right
(without obligation) to plant and replace trees in the unpaved portion of every street right-of-way
adjoining a Lot. Declarant also reserves unto itself and the Association the right to enter upon
such unpaved portions of the street right-of-way to water, fertilize, trim and perform any other
work required to keep such tree attractive and healthy.
J. Fences. Fences are not permitted unless the Association has given its consent. All
fence requests must be submitted to the Board with a site plan showing the fence locations and
details about the fencing materials. No fence shall exceed six (6) feet in height, and portions of
the fence above four (4) feet in height must be 50% open. If one side of the fence is more
attractive than the other side, the more attractive side shall face any neighboring Lots. Fences
must also conform to all municipal codes and regulations.
K. Special Declarant Rights. Notwithstanding anything seemingly to the contrary in
this Declaration, the Declarant shall have the following "Special Declarant Rights":
1. To complete improvements indicated on the revised Preliminary Plat of
Grey Oaks.
2. To further subdivide the land designated for condominium development in
attached Exhibit A as condominium buildings containing Condominium Units, subject to
this Declaration and state law.
3. To maintain sales and/or rental offices and management offices, and
models and signs advertising Lots, until all the Lots have been sold.
4. To appoint or remove any member of the Board as provided in the Bylaws
during the Declarant Control Period.
5. To have an easement throughout the Common Areas for the purposes of
pedestrian egress and ingress, and throughout the Common Areas and all Lots upon
which a dwelling has not been completed for the purpose of completion of any
construction work as is necessary to complete the improvements within the Community,
which easement shall terminate upon the later of: (a) the sale of the last Lot and the
completion of all work thereon and (b) the termination of the Declarant Control Period;
provided, however, that any easement granted by this paragraph that runs across a Lot
shall terminate automatically as soon as a dwelling is completed upon that Lot.
6. To lease dwellings on any of the Lots, including Condominium Units.
7. To create one or more Condominium Associations to govern the
Condominium Units.
L. Timeshares, Timeshares are not permitted.
19OOO72v3 (14Q3S03!.DOC) 7
J
ARTICLE III.
EASEMENTS
A. Easements for Encroachments. In the event that, by reason of the construction,
reconstruction, rehabilitation, alteration, improvement, settlement or shifting of the buildings,
any part of the dwelling or ancillary improvements lawfully constructed on a Lot encroaches or
shall hereafter encroach upon any part of another Lot, or any part of the Common Area, or if by
reason of the design or construction of any utility systems and ventilation systems, any main,
pipe, duct, flue or conduit (herein a "component") serving the dwelling on one Lot encroaches or
shall hereafter encroach upon any part of any other Lot, valid easements for the maintenance of
such encroachments and for such use of the component are hereby established and shall exist for
the benefit of such Lots so long as all or any part of the affected dwellings shall remain standing;
provided, however, that in no event shall a valid easement for any such encroachment or use of
the component be created in favor of any Owner (1) if such encroachment or use is detrimental to
or interferes with the reasonable use and enjoyment of another Owner's property, or (2) if it
occurred due to the willful conduct or gross negligence ofthe Owner of the benefited Lot.
B. Easements for Certain Utilities. The Declarant and Board may hereafter grant
easements for utility purposes for the benefit of the Lots, granting the right to install, lay,
maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and
equipment, and electrical conduits and wires over, under, across, along and on any portion ofthe
Common Areas. Each Owner hereby grants said Board an irrevocable power of attorney to
execute, acknowledge, and record or file, for and in the name of each such Owner, such
instruments as may be necessary to effectuate the foregoing.
C. Ingress and Egress. Each Owner shall have a perpetual unrestricted right of
ingress and egress to the Owner's Lot.
D. City Easements. The title of the Association in and to the Common Areas and the
Limited Common Areas is hereby made subject to a nonexclusive easement in favor of the City
for the purpose of ingress and egress for police, fire, rescue and other emergency calls, animal
control, health and protective inspection and to provide to the Owners other public services
deemed necessary by the City, and for the purposes set forth herein.
E. ' Inspection Rights. The Association, the City, and any other governmental entities
having jurisdiction over wetlands are herewith granted access for inspection, monitoring and
enforcement purposes to all parts ofthe Common Areas which contain wetlands.
F. Easements to Run With Land. All easement rights and obligations created in this
Article are affirmative and negative easements, running with the land, perpetually in full force
and effect and at all times shall inure to the benefit of and be binding upon Declarant, its
successors and assigns, and any Owner, Purchaser, Mortgagee, holder of a Security for an
Obligation and other person having any interest in a Lot.
1900072v3 (14Q3S03! ,DOC) 8
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ARTICLE IV.
RESTRICTIONS AND CONDITIONS
A. Compliance with Declaration. Bvlaws and Rules and Regulations of Association.
Each Owner and occupant ofa Lot shall comply with all of the provisions ofthis Declaration, the
Bylaws, the Rules and Regulations, and decisions of the Association made pursuant to the
authority granted to the Association in the foregoing documents, and failure to comply with any
such provisions shall be grounds for an action to recover damages or for injunctive relief.
B. Restrictions on Alienation of Units. There are and shall be no restrictions on the
alienation of Lots by reason of age, race, sex or religion; provided, however, that the Declarant
reserves the right to designate certain of the Condominium Units as "over 55" housing, but only
if all Condominium Units so designated are intended to, and are in fact, leased rather than. sold,
and further provided that any such "over 55" housing restrictions must comply in all respects
with the provisions of Minn. Stat. S 303.02 and the Federal Fair Housing Act amendments at 42
U.S,C. S 3607 (b)(2).
C. Impairment of Structural Integritv. Nothing shall be done, placed, installed, or
erected in or on any Lot that would impair the structural integrity of, or structurally change, any
other dwelling constructed on any other Lot.
D. Alterations of Units. No structural changes or additions shall be made to any
dwelling on a Lot without the prior written consent of the Board, The Board's consent shall be
requested by a written application submitted by the Lot Owner, The Board may require that an
Owner furnish adequate plans and specifications to describe the nature of the proposed changes
and alterations. Unless the Board gives the Owner a notice denying or limiting its consent within
thirty (30) days after delivery of the application and any requested plans and specifications, the
Board's consent may be presumed by the Owner.
E. Rules and Regulations. In addition to the foregoing restrictions, reasonable Rules
and Regulations, not in conflict therewith and supplementary thereto, may be promulgated and
amended from time to time by the Association. Copies of such Rules and Regulations and
amendments thereto shall be furnished by the Association to each Owner.
F. Restrictions. Conditions and Covenants to Run With Land. All Owners, by the
acceptance of a deed of conveyance, or by any other acquisition of an ownership interest, accepts
such deed or such interest, as the case may be, subject to all restrictions, conditions, covenants,
reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this
Declaration, and all rights, benefits and privileges of every character hereby granted, created,
reserved or declared, and all impositions and obligations hereby imposed shall be deemed and
taken to be covenants running with the land, and shall bind any person having, at any time, any
interest or estate in said land, and shall inure to the benefit of the Owner in like manner as though
the provisions of this Declaration were recited and stipulated at length in each and every deed or
other conveyance.
19OOO72v3 (14Q3S03!.DOC) 9
G. Non-Waiver of Covenants. No covenants, restrictions, conditions, obligations or
provisions contained in this Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
ARTICLE v.
ASSOCIATION
A, Association. The Association shall act as the unit owners' association for all
Single Family Lots and Twin Home Lots within the Community. The Association shall also act
as the master association for any Condominium Units within the Community, All Condominium
Units shall be considered part of the Community, and shall also constitute their own common
interest community.
B. Membership in Association. Each Owner, by virtue of such ownership interest,
shall be a Member of the Association and shall remain a Member until such time as the Owner's
ownership interest in the Lot ceases for any reason, at which time the Owner's membership in
the Association shall automatically cease, When one or more persons hold an ownership interest
in a Lot, all such persons shall be Members.
C. Rights of the Association. The Association shall have all powers of a unit owners
association and master association, as applicable, under state law, including the power to govern
and assess the Lots in the Community, Further, if the Association incurs maintenance or
construction costs as a result of a violation of the Declaration by any Owner, the Association
may, in addition to other legal remedies, assess the Lot of that Owner for the costs incurred.
D. Meetings. The Association shall hold annual and special meetings as required by
the Bylaws.
E. Board. Following the Declarant Control Period, the Members shall elect the
Board pursuant to the Bylaws.
ARTICLE V.
COMMON AREAS
A. Right to Use Common Areas. Every Owner shall have a nonexclusive right and
easement of enjoyment in and to the Common Areas, including the right of access to and use of
the improvements thereon. The right and easement shall be appurtenant to and shall pass with
the title to each Lot, even if not mentioned in an instrument of conveyance. Each Owner's right
to use the Common Areas shall be subject to the Rules and Regulations. Use of the Common
Areas shall be limited to those activities which, in the judgment of the Association, shall not be a
nuisance or an annoyance to the neighboring Lots, The Association may sponsor or permit
occasional events (such as Community or neighborhood picnics) upon the Common Areas. .
B. Right to Use Limited Common Areas. If Limited Common Areas are ever
designated in, or added to, the Subject Property, the Lots to which the Limited Common Areas
1900072v3 (l4Q3S03!.DOC) 10
are allocated shall have a nonexclusive right and easement of enjoyment in and to the Limited
Common Area, including the right of access to and use of the improvements thereon. This right
and easement shall be appurtenant to and shall run with the title to each Lot to which the Limited
Common Areas are allocated, even if not mentioned in an instrument of conveyance, Each such
Owner's right to use the Limited Common Area shall be subject to the Rules and Regulations.
Use of each Limited Common Area shall be limited to those activities which, in the judgment of
the Association, shall not create a nuisance or be an annoyance to Owners or occupants of other
Lots.
C. Imorovements in Common Areas and Limited Common Areas. Only the
Declarant and the Association shall have the right to install any improvements or plantings in the
Common Areas and/or the Limited Common Areas. Any improvements and plantings in the
Common Areas and/or the Limited Common Areas are property of the Association. The
Association shall be responsible for the maintenance, repair and replacement of all improvements
and plantings in the Common Areas and/or the Limited Common Areas. The Association may,
in its discretion, choose to remove (and not replace) any improvements and plantings in the
Common Areas and/or the Limited Common Areas. Any improvements to Common Areas and
the Limited Common Areas shall comply with the special use permit approved by the City.
D. Actions Affecting Common Areas and Limited Common Areas. During the
Declarant Control Period, the Declarant reserves the right to designate as Limited Common
Areas for the purpose of parking, allocated to the Condominium Units only, any area currently
designated on Exhibit A as a Common Area adjacent to the Condominium Units provided that
the same is approved unanimously by all Owners. After the Declarant Control Period, the
Common Areas and Limited Common Areas shall not be abandoned, partitioned, subdivided,
encumbered, leased, sold, transferred or dedicated for public use, except by the recording of an
instrument executed by the Association, by the Owners owning at least 67% of the Lots, and, in
the case of an action affecting a particular Limited Common Area, by the Owners owning at least
67% of the Lots to which the Limited Common Area is allocated.
E. Recreational Facilities. The Declarant and the Association may, but are not
obligated to, build recreational facilities upon any part of the Common Areas, except within
wetland areas or areas burdened with drainage, utility or pipeline easements. Recreational
facilities include the following facilities: swimming pool; restroom buildings; storage buildings;
playground equipment; tennis, basketball, volleyball and tetherball courts; park benches, picnic
tables and similar improvements; sand boxes, paved playing surfaces and other children's play
areas; and paved or unpaved trails, along with any parking lots, landscaping, fences, lighting and
utilities appurtenant thereto. All recreational facilities, equipment and other improvements on
said parcel shall belong to the Association as Common Areas and shall be operated, maintained,
and repaired by the Association. The Association shall have the right to replace or remove
(without replacing) any recreational facilities, equipment or improvements in the Common
Areas; provided, however, that as long as the Declarant owns a Lot, such removal shall require
Declarant's consent.
F. Conservation Areas. To promote natural vegetation, maximize wildlife habitat,
control erosion and improve water quality, no person except the Declarant or the Association
approved by the City shall excavate, fill, install any structure in, or landscape, mow or apply
1900072v3 (14Q3S03!.DOC) 11
herbicides within, the areas ofthe Common Areas which are wetlands or are within drainage and
utility easements. Declarant hereby reserves unto itself and the Association the right to restore
degraded wetlands and create new wetlands to replace wetland which will be lost or diminished
in the development process. The Association shall have the right, but not the obligation, to
maintain the size and type of all wetlands in the Common Areas.
G. Public Sidewalks. Declarant and the Association shall have the right to construct
public sidewalks within the unpaved portion of any street rights-of-way in the Community. Any
such sidewalks will be dedicated to, and will be owned, repaired, and replaced by, the City in its
discretion. The Association shall keep any public sidewalks within or adjacent to Common Areas
and Limited Common Areas free from leaves, grass clippings and other debris and mow and
maintain the areas between streets and Common Areas and Limited Common Areas. The Owner
of any Lot adjacent to a public sidewalk shall keep it free of leaves, grass clippings and other
debris and mow and maintain the areas between the sidewalk and the street. The Association
may at its discretion (but shall not be obligated to) elect to plow snow from sidewalks within
portions ofthe rights-of-way of public streets.
ARTICLE VI.
ASSESSMENTS AND LIENS
FOR ASSESSMENTS
A. Assessments. The Declarant hereby covenants, and each subsequent Owner of
any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (a) general assessments or charges
("General Assessments"), and (b) special assessments for capital improvements or capital
equipment to be owned by the Association ("Special Assessments"), (collectively, General
Assessments and Special Assessments shall be referred to herein as "Assessments"),
Assessments shall be due and payable in lump sums or in equal periodic installments as
determined by the Board.
B. Personal Obligation. Each installment of an Assessment, together with interest,
costs and reasonable attorneys' fees, shall be the personal obligation of the person who was the
Owner of such Lot at the time when the installment fell due. The personal obligation for
delinquent installments shall not pass to the Owner's successors in title unless expressly assumed
by them. Sale or transfer of any Lot shall not affect the assessment lien, except as otherwise
specifically provided in this Article.
C. Purpose of General Assessments. General Assessments shall be imposed for the
purpose of promoting the recreation, health, safety, and welfare of the residents of the Lots and
for the improvement and maintenance of the Association's easement areas, Common Areas
and/or Limited Common Areas and may include (but not be limited to) payment by the
Association for the following items:
l. Utility services;
2. Taxes and Special Assessments against the Association's property, if any;
1900072v3 (14Q3S03!.DOC) 12
3. Income and other taxes levied or assessed against or charged to the
Association, if any;
4. Premiums for insurance carried by the Association, the deductible amount
not covered by such insurance and the additional amounts deposited by the Association or
its Board to repair or restore improvements on the Common Areas and/or Limited
Common Areas;
5. Repair, replacement, construction, reconstruction, alterations,
maintenance, snow removal, and additions to personal property and improvements owned
by the Association;
6. The cost of labor, equipment, and materials for all work done by or for the
Association; and
7. Reasonable fees for management and supervision of the Association's real
and personal property.
Adequate reserve funds funded from General Assessments and not from Special Assessments,
shall be maintained for (i) maintenance, repair and replacement of Entrance Improvements and
all other structures and equipment that must be replaced by the Association on a periodic basis;
and (ii) contingencies, emergencies and working capital needs,
D. Maximum General Assessment. Each year after the first full fiscal year of the
Association, the Board may increase the annual General Assessment in an amount not to exceed
5% of the previous year's General Assessment. Any increase in excess of this amount shall
require the approval of a simple majority of the votes of all Owners who are voting in person or
by proxy at the annual meeting or at a special meeting called for this purpose.
E. Special Assessments for Capital Improvements. In addition to the General
Assessments authorized above, the Association may levy Special Assessments, payable in
installments extending up to five years, for the purpose of defraying, in whole or in part, the cost
(not covered by reserves) of any construction, reconstruction, repair or replacement of the
Entrance Improvements or any other structures or equipment to be owned or maintained by the
Association, provided that any such Special Assessment shall have the assent of a simple
majority of the votes of all classes of Owners who are voting in person or by proxy at an annual
meeting or at a special meeting duly called for this purpose.
F. City Actions. If the City maintains, repaIrs, or constructs any public
improvements pursuant to this Declaration or the laws of the State of Minnesota, then the City
may assess the cost of said maintenance, repairs or construction directly against the benefited
Lots, or the City may assess the Common Areas and/or the Limited Common Areas for the cost
of said maintenance, repairs, or construction. If the City assesses the Common Areas anclJor the
Limited Common Areas for the cost of said maintenance, repairs, or construction, then the
Association shall levy a Special Assessment against all Lots to defray the total amount of the
City assessment. Such a Special Assessment by the City or the Association need not have the
consent of the Owners or occupants of the Lots.
1900072v3 (14Q3S03!.DOC) 13
G. Uniform Rate of Assessment. Assessments shall be fixed at a uniform rate for all
Lots; provided, however, that any Lot owned by the Declarant shall be assessed at 25% of the
rate assessed against Lots owned by other persons at all times prior to substantial completion of
any residence thereon, as evidenced by a certificate of occupancy issued by the City.
H. Date of Commencement of General Assessments: Due Dates. The Board shall fix
the amount of the General Assessment provided for herein against each Lot at least 15 days in
advance of the date that the first installment for the General Assessment is due and payable. The
initial General Assessment period shall commence as to all Lots the first day of the month
following the recording of this Declaration and run through and including the next succeeding
December 31. Each succeeding General Assessment period shall be a calendar year. Written
notice of the General Assessment shall be sent to every Owner.
1. Effect ofNonoavrnent of Assessments: Remedies ofthe Association. Assessments
shall become a lien upon each Lot on the earliest date any part of the same is due and payable.
Assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge upon
each Lot and shall be a continuing lien upon each Lot. The Association may bring an action at
law against the Owner personally obligated to pay the same, or foreclose by action or by power
of sale the lien against the Lot in the same manner as a real estate mortgage may be foreclosed.
In addition, any installment of an Assessment not paid within 15 days after its due date shall bear
interest from the due date at the rate of8% per annum. No Owner may waive or otherwise escape
liability for Assessments by nonuse of the Common Areas and/or Limited Common Areas or
abandonment of the Owner's Lot.
J. Subordination of the Lien to Mortgages. The Assessment lien provided for herein
shall be subordinate to the lien of any first mortgage. While the transfer of any Lot generally
does not affect the Assessment lien, the foreclosure of any such mortgage or any proceeding in
lieu thereof or deed in lieu of foreclosure, shall extinguish the lien of such Assessments as to
Assessments due and payable prior to such foreclosure or proceeding in lieu thereof or which
become due during any period of redemption and, if the Assessments for which the liens were
extinguished cannot be collected in an action against the Lot or against the person(s) personally
obligated to pay them, the Association shall bear such Assessment as a common cost. No sale or
transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or
from the lien thereof.
K. Certificate ofPavrnent. The Association shall, upon demand, furnish to an Owner
or a Mortgagee or holder of an interest as Security for an Obligation a certificate signed by an
officer of the Association setting forth whether the Assessments on the specified Lot have been
paid in full and, if not paid in full, stating which Assessments are unpaid. A reasonab Ie charge
may be made by the Association for the issuance of such certification. A properly executed
certificate of the Association as to the status of Assessments on a Lot shall be binding upon the
Association as of the date of its issuance.
1900072v3 (14Q3S03!.DOC) 14
ARTICLE VII.
ASSOCIATION INSURANCE
A. PropertY and Commercial General Liabilitv Insurance. Commencing not later
than the time of the first conveyance of a Lot to an Owner other than Declarant, the Association
shall keep in force at all times:
1. Commercial general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use or management of the Subject
Property, with coverage of at least $1,000,000 for any single occurrence and at least
$2,000,000 aggregate coverage. The policy must contain a severability of interest clause
or an endorsement which shall preclude the insurer from denying the claim of an Owner
because of negligent acts of the Association or other Owners. The Declarant shall be
named as an additional insured to any such insurance for so long as the Declarant owns a
Lot.
2. Property insurance, for broad form covered causes of loss and in an
amount not less than the full insurable replacement cost of the insured property, on the
Common Areas and on all structures on Lots that have or share contiguous walls, siding,
or roofs with other structures on Lots, except that the Association's insurance provided
pursuant to this Article need not cover any Condominium Units that may be covered by a
policy procured by the Condominium Unit Association. The insurance need not cover
the following items within the Lots: (a) ceiling or wall finishing materials; (b) floor
coverings; (c) cabinetry; (d) finished millwork; (e) electrical or plumbing fixtures serving
a single unit; (f) built-in appliances; or (g) other improvements or betterments, regardless
of when installed. The Declaration shall be named as an additional insured to any such
insurance for so long as the Declarant owns a Lot.
Insurance policies carried pursuant to this Article shall provide that each Owner and Mortgagee
is an insured person under the policy with respect to liability arising out of the Owner or
Mortgagee's interest in the Common Areas or membership in the Association, that the insurer
waive its right to subrogation under the policy against any Owner or members of the Owner's
household and against the Association or the Board, that no act or omission by any Owner or
secured party, unless acting within the scope of authority on behalf of the Association, shall void
the policy, and that, if at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property or claim, the Association's policy is primary insurance.
B. Other Insurance. The Association shall also procure:
1. Fidelity bonds or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees or persons responsible for handling
funds belonging to or administered by the Association if deemed to be advisable by the
Board;
2. Worker's compensation insurance if required by law;
1900072v3 (14Q3S03LDOC) 15
3. Directors and officers liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time; and
4. Such other insurance as the Board may determine from time to time to be
in the best interest of the Association and the Owners.
C. Cost of Insurance. The cost of such insurance shall be assessed against the
Owners and their Lots as provided in this Declaration.
D. First Mortgagees. First Mortgagees of Lots, jointly or singly, may pay overdue
premiums on insurance policies or may secure new insurance coverage upon the lapse of a policy
for the common property. First Mortgagees making such payments shall be owed immediate
reimbursement from the Association. The Association is authorized to enter into an agreement in
favor of all first Mortgagees of Lots establishing entitlement to such reimbursement.
ARTICLE VIII.
AMENDMENTS TO DECLARATION
A. Percentage of Unit Owners and Mortgagees. During the Declarant Control
Period, this Declaration may be amended only by vote or written agreement of Owners to which
at least sixty-seven (67%) of the votes in the Association are allocated. Following the Declarant
Control Period, this Declaration may be amended by the Association only by a vote or written
agreement of Lot Owners to which at least sixty-seven percent (67%) of the votes in the
Association are allocated, and sixty-seven percent (67%) of the first mortgagees of Lots (each
mortgagee having one vote per Lot financed).
B. Recordation. Every Amendment to the Declaration shall be recorded in the office
of the Anoka County Recorder, and is effective only when recorded.
C. SecretarY's Affidavit. An affidavit of the secretary of the Association stating that
the votes or agreements required by this Article have occurred shall be attached to the
amendment and shall constitute prima facie evidence of the representations contained therein..
ARTICLE IX.
GENERAL PROVISIONS
A. Interpretation of Declaration. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the ownership and operation of
a planned, mixed-use residential community. Compound words beginning with the prefix "here"
shall be read as referring to this Declaration and not merely to the part ofit in which they appear.
B. Examination of Records. Owners, lenders, and holders, insurers or guarantors of
any first mortgage shall be entitled to inspect current copies of the Declaration, Bylaws, and
Rules and Regulations governing the Community and the books, records and financial statements
of the Association upon request during normal business hours or under other reasonable
circumstances. Any person or entity holding a first mortgage on a Lot shall be entitled to have
1900072v3 (14Q3S03!.DOC) 16
an audited financial statement for the immediately preceding fiscal year prepared at the expense
of such person or entity holding a first mortgage.
C. Notices. All notices, objections, demands and other communications required or
permitted to be given or served under this Declaration shall be in writing and shall be deemed to
have been duly given if delivered in person or deposited in the United States mail, postage
prepaid, for mailing by certified or registered mail, return receipt requested, as follows:
1. Member. In the case of each Member, to the Member's last address as
shown on the records ofthe Association;
2. Association. In the case of the Association, to its President or
management agent at the last address shown for such pe~son on the records of the
Association, or if not obtainable, to its registered office in the State ofMinnes6ta; or
3. Declarant. In the case of the Declarant, Grey Oaks, Inc, c/o Gerald
Windschitl, 3640 1 52nd Lane N.W., Andover, MN 55304.
D. Successors and Assigns. This Declaration shall be binding upon and inure to the
benefit of the Association, its Members and the Declarant, and their heirs, successors and
assigns.
E. Severable Provisions. Each provision of this Declaration is intended to be
severable, If any term or provision herein is illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this Declaration.
F. Titles. Headings or Captions and Reference to Gender. All titles, headings or
captions in the paragraphs or sections of this Declaration are inserted for convenience of
reference only and shall not constitute a part of this Declaration or as a limitation of the scope of
the particular paragraphs or sections to which they apply. The masculine gender may be read as
the feminine gender or the neuter gender, the neuter gender may be read as the masculine gender
or feminine gender and the feminine gender may be read as the masculine gender or the neuter
gender. Where appropriate the singular may be read as the plural and the plural may be read as
singular.
G. Minor Revisions. The Declarant reserves the right to make minor, non-material
changes to the Declaration, Articles and Bylaws in order to comply with the requirements of its
mortgagees, the Anoka County Recorder, and any change in the Minnesota Common Interest
Ownership Act.
H. Minnesota Law to Govern. This Declaration shall be construed and enforced in
accordance with the laws of the State of Minnesota.
1. Right of Action. Failure of any Owner or the Association to comply with the
provisions of this Declaration, the Bylaws or Rule or Regulation shall give rise to a cause of
action by any aggrieved Owner or the Association.
1900072v3 (14Q3S03!.DOC) 17
.
ARTICLE X.
PROVISIONS FOR MORTGAGEES
The following provisions shall take precedence over all other provisions of this
Declaration, and in the event of any inconsistency or contradiction, the following provisions shall
control:
A. Notice of Meetings. The holder of any mortgage of record against any Lot, upon
written notice to the Association advising it of such mortgage interest and its mailing address,
shall be given written notice by the Association of all regular and special meetings of the Owners
and of the Board; but failure to give such notice to any or all such mortgagees shall not invalidate
or affect, in any way, such meeting, if otherwise duly called and held.
B. No Suspension of Rights. Any voting rights which are suspended as to any
Owner pursuant to this Declaration or the By-Laws, shall not be suspended as to any mortgagee
or other person who becomes an Owner by virtue of mortgage foreclosure or by any transfer of
title in lieu of foreclosure, because of any default or failure of the prior Owner.
C. Notice of Defaults. The holder of any mortgage of record against any Lot, upon
written request given by the holder of such mortgage to the Association advising the Association
of such mortgage interest and its mailing address, shall be given written notice by the
Association of all defaults of the Owner of the Lot upon which such mortgage is a lien, then or
thereafter existing, in fulfilling the Owner's obligations under this Declaration or the By-Laws;
but the defaults set out in such notice shall not be conclusive or binding on the Association, and
the Association shall have the right to enforce all claims against such Owner for all defaults of
such Owner whether or not notice thereof is given to the holder of such mortgage.
D. Copy of Budget. The holder of any mortgage of record against any Lot, upon
written request given by the holder of such mortgage to the Association advising the Association
of such mortgage interest and its mailing address, shall be sent a copy of the proposed annual
budget of the Association at least 15 days prior to the meeting at which such proposed annual
budget is to be considered, and the holder of such mortgage shall be entitled to raise objections to
and comments upon such proposed annual budget at such meeting or otherwise; but failure to
send such copy to any or all such mortgagees shall not invalidate or affect, in any way, such
proposed annual budget or any action taken with respect thereto, nor shall any objection or
comments by any such mortgagees with respect to such proposed annual budget be binding upon
the Association.
1900072v3 (14Q3S03!.DOC) 18
,
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above written.
GREY OAKS, INe.
a Minnesota corporation
By:
Gerald Windschitl, President
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of ,2000
by Gerald Windschitl, the President of Grey Oaks, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and Deinard (JMF)
30 East Seventh Street, Suite 2270
St. Paul, MN 55105
.
1900072v3 (14Q3S03!.DOC) 19
. ,
EXHIBIT A
TO
DECLARATION
GREY OAKS AT ANDOVER
ANOKA COUNTY, MINNESOTA
SUBJECT PROPERTY
Single Family Lots: Lots 15-18, Block 3;
Twin Home Lots: Lots 1-10,13 & 14,Block 3;
Lots 4-25, Block 4; and
Lots 5-8, Block 5;
Condominium Units: Lots 11 &12, Block 3;
Lots 2 & 3, Block 4; and
Lots 2, 3, 4 & 9, Block 5;
Common Areas: Lot 19, Block 3; Lot 1, Block 4; l!11d
Lot 1, Block 5
All in "GREY OAKS" filed with the Anoka County, Minnesota Recorder,
1900072v3 (14Q3S03!.DOC)
-
,
RECEIVED
FEB 8 2000
CITY OF ANDOVEFi
DECLARATION OF
RECIPROCAL EASEMENTS
THIS DECLARATION OF RECIPROCAL EASEMENTS, dated March _,2000, is
made by GREY OAKS, INC., a Minnesota corporation ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of two adjacent parcels of real property located in the
City of Andover, County of Anoka, State of Minnesota, legally described as Lot 1, Block 1,
Grey Oaks, according to the recorded plat thereof ("Lot 1") and Lot 2, Block 1, Grey Oaks,
according to the recorded plat thereof ("Lot 2"), (collectively, the "Lots," and individually, each
a "Lot").
WHEREAS, it is contemplated that there will be constructed on Lot 1 a convenience
store with parking areas, substantially similar to that depicted in the site plan (Exhibit A attached
hereto), and it is contemplated that there will be constructed on Lot 2 a commercial office
building with parking areas, similar to that depicted in the site plan (Exhibit A attached hereto).
NOW, THEREFORE, Declarant hereby declares that the Lots shall be held, sold and
conveyed subject to the following covenants, conditions, restrictions and easements, which are
for the purpose of protecting the value and desirability of, and which shall run with, each Lot,
and shall be binding on all parties now or hereafter having any right, title, interest or lien in or on
either Lot or any part thereof, and shall inure to the benefit of each owner, tenant and lawful
occupant thereof:
1900870v3 (14qpy03!.DOC)
,
1. Declarant, as owner of Lot 1, grants and conveys the following rights and
easements in, to, over, under and above Lot 1, to and for the benefit of the owner, tenants and
lawful occupants of Lot 2, and their respective employees, agents, contractors, suppliers and
customers:
(A) A perpetual, non-exclusive easement for vehicular parking and vehicular and
pedestrian ingress and egress to and from Lot 2, over, upon and across the parking areas
and spaces, driveways and access ways, sidewalks and walkways, exits and entrances,
and other common areas of Lot I as these areas may from time to time be constructed,
altered or modified; and
(B) A perpetual directional signage easement, no larger than three feet (3'-0") by
eight feet (8'-0"), for the construction, location, illumination, maintenance, replacement,
repair and removal of a directional sign to be located at a point on Lot 1 adjacent to
Hanson Boulevard. Said point of easement shall be established by the owner of Lot 1,
with the agreement of the owner of Lot 2. Once established, the point of easement may
be altered only by agreement of the owners of Lots 1 and 2, and any single tenants of
either Lot.
The owner of Lot 1 covenants and agrees that it will construct and continuously keep in
good, safe condition and repair, in the manner contemplated in Section 3 herein, an access way
within easement (A) above.
2. Declarant, as owner of Lot 2, hereby grants and conveys the following rights and
easements in, to, over, under and above Lot 2, to and for the benefit of the owner, tenants and
lawful occupants of Lot 1, and their respective employees, agents, contractors, suppliers and
customers:
(A) A perpetual, non-exclusive easement for vehicular parking and vehicular and
pedestrian ingress and egress to and from Lot I, over, upon and across the parking areas
and spaces, driveways and access ways, sidewalks and walkways, exits and entrances,
and other common areas of Lot 2 as these areas may from time to time be constructed,
altered or modified; and
(B) A perpetual directional signage easement, no larger than three feet (3'-0") by
eight feet (8'-0"), for the construction, location, illumination, maintenance, replacement,
repair and removal of a directional sign to be located at a point on Lot 2 adj acent to
Hummingbird Street Northwest. Said point of easement shall be established by the
owner of Lot 2, with the agreement of the owner of Lot 1. Once established, the point of
easement may be altered only by agreement of the owners of Lots 1 and 2, and any single
tenants of either Lot.
The owner of Lot 2 covenants and agrees that it will construct and continuously keep in
good, safe condition and repair, in the manner contemplated in Section 3 herein, an access way
within easement (A) above.
1900870v3 (14qpy03!.DOC) 2
.
,
3. Except as said maintenance obligations are otherwise provided for in Sections 1
and 2 above, Declarant, for itself and each successive owner of Lot 1 or Lot 2, hereby covenants
and agrees that the owners of each Lot shall, at their own expense, at all times maintain in good,
first-class and safe condition and repair, and make any needed replacements of, the parking,
driveway, sidewalk and landscaped areas, and any other common areas situated on their
respective Lots. The obligation to maintain, repair and replace shall include, without limiting the
generality thereof, the following:
A. Maintaining the parking and driveway surfaces at such grades and levels that they
may be used and enjoyed as contiguous common areas and maintaining the surfaces in a
level, smooth and evenly-covered condition with the type of surfacing material originally
installed or of similar quality, use and durability; and
B. Removing all papers, debris, snow, ice, and refuse and thoroughly sweeping the
areas to the extent reasonably necessary to keep these areas in a neat, clean, orderly, safe,
sightly and serviceable condition; and
C. Placing, keeping in repair and replacing all appropriate directional signs, stripping
markers and lines; and operating, keeping in repair, and replacing when necessary,
artificial lighting facilities as shall be reasonably required; and
D. Maintaining all landscaped areas, making such replacements of shrubs and other
landscaping as is necessary and keeping these areas at all times adequately weeded,
fertilized and watered; and.
E. Maintaining sufficient lighting in the parking lots and other common areas as is
required for security, safety and convenience of customers. Said lighting shall remain on
daily from dusk until at least one-half hour after the close of business of all business
establishments located on the Lots.
The owner and tenants of Lot 2 shall be the sole beneficiaries of the foregoing covenants
with respect to Lot 1, and the owner and tenants of Lot 1 shall be the sole beneficiaries of the
foregoing covenants with respect to Lot 2. Nothing in this Declaration shall grant the tenants of
a Lot any rights against their landlord beyond those contained in their Lease.
4, The owners of Lot 1 and Lot 2 shall be responsible for their pro rata share of any
costs necessary to maintain, repair and replace the driveways and other improvements located
from time to time on additional appurtenant access/egress easements not described in this
instrument, granted for the joint benefit of the Lots, or additional tracts of land which provide
access and egress' for the joint benefit of the Lots, Said pro rata share shall be equal to the ratio
that the ground floor area of any building and improvements on Lot 1 or Lot 2, whichever is
applicable, bears to the total ground floor area of all buildings and improvements contained in
Lots 1 and 2 together. For purposes of this Section 4, the costs of maintaining the driveway,
sidewalks and landscaped areas shall include: (1) all amounts paid for cleaning and sweeping,
restriping of the area, and keeping sidewalk and driveway areas clean and unobstructed,
1900870v3 (14qpy03!.DOC) 3
.
1
including snow and ice removal, which shall be performed as often as necessary; (2)
maintenance, repair and replacement of the driveway, sidewalk or landscaped areas; (3) wages
and salaries of persons directly and actually performing services described herein; and (4) any
other common area costs or expenses customary in the Minnesota market area; but shall not
include management fees.
5. In the event, and for so long as, either Lot is subject to a single lease covering all
or substantially all of a Lot (the "Leased Lot"), the tenant of the Leased Lot, by entering into
possession of the same, shall be deemed to have agreed to: (a) pay all of the cost and perform all
of the obligations and duties allocated to the owner of the Leased Lot under this Declaration, and
(b) honor and perform all of the covenants, agreements and indemnifications made by or on
behalf of the owner of the Leased Lot under this Declaration. Pursuant to this Section, the tenant
of the Leased Lot shall be primarily liable for all the costs, obligations, duties, covenants,
agreements and indemnifications of the owner of the Leased Lot, and the owner of the Leased
Lot shall be secondarily liable to third parties, but said owner shall be released from any liability
therefore to the tenant of the Leased Lot.
6. Declarant, for itself and each and every successor-in-interest to Lot 1 or Lot 2,
covenants and agrees that no owner or tenant of either Lot will seek, voluntarily permit or
acquiesce in the closing or narrowing of any curb cuts or access points currently serving, or later
constructed to serve, either Lot, without the written consent of the owner of both Lots, and any
single tenant of a Lot.
7. The owner of each Lot shall be obligated to comply with all laws, rules,
regulations and requirements of all public authorities relating to its respective Lot, and agrees to
indemnify, defend and hold the owner of the other Lot, and any single tenant of the entire other
Lot, harmless from and against any and all claims, demands, losses, damages, penalties, charges,
fines, liabilities and expenses and all suits, actions and judgments (including, but not limited to,
costs and reasonable attorneys' fees), arising out of, or in any way related to a indemnifying
owner's failure to maintain its Lot in compliance with the terms of this Declaration, A party
shall give prompt and timely notice of any claim made or suit or action commenced against the
other party which would in any way result in indemnification under this Declaration.
8. If any owner of a Lot fails to perform, fulfill or observe any of its obligations,
duties, covenants or agreements contained within this Declaration, and such failure continues for
a period of thirty (30) days following written notice of the failure, the other owner may, at its.
election, cure such failure on behalf of the defaulting owner. Any amount which the owner so
electing shall expend for such purpose shall be reimbursed by the defaulting owner on demand,
upon delivery of its invoice, together with interest at the lower of (1) the rate of twelve percent
(12%) per annum, or (2) the maximum rate permissible from time to time under applicable law,
from the date of the expenditure or the date when it shall have become due to the date of
payment in full. The provisions ofthis Section shall be in all respects subject and subordinate to
the lien of any mortgages or deeds of trust at any time or from time to time on the land of the
defaulting party and the rights of the holder or holders of any mortgages or deeds oftrust,
1900870v3 (14qpy03!.DOC) 4
,
J
9, The terms, provisions, covenants, obligations and indemnifications contained in
this Declaration shall run with the land and shall bind and inure to the benefit of Declarant, its
successors and assigns with respect to the Lots, and their respective tenants, sub-tenants,
licensees, concessionaires, mortgagees in possession, customers and business invitees.
10. The owners of Lots 1 and 2 continuously covenant and agree with and to each
other that, following completion of the convenience store and commercial office building
substantially as depicted on Exhibit A, they will not change, modify or alter the location of any
buildings or construct any new bliilding on their respective Lots, which would have the effect of
altering in a material fashion the easements of the other owner and Lot.
11. Declarant warrants that as of the time of the making of this Declaration, it is the
owner of both Lots; and that it has the full right and lawful authority to grant and make all the
easements, covenants and conditions contained herein.
12. Invalidation of anyone of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force and effect.
13. This Declaration may be amended, supplemented or terminated by a written
instrument signed by all of the owners of both Lots, any single tenant of an entire Lot, and the
holder of a mortgage on an entire Lot; neither the signature nor the consent of tenants or
occupants of less than an entire Lot shall be required,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1900870v3 (14qpy03 !.DOC) 5
.
J
IN WITNESS WHEREOF, the Declarant has hereunto set its hands the day and year first
above written.
GREY OAKS, INC.,
a Minnesota corporation
Gerald G. WindschitI,
Its President
STATEOFNITNNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of March, 2000, by
Gerald G. Windschitl, the President of Grey Oaks, Inc., a Minnesota corporation, on behalf of
said corporation,
Notary Public
This Instrument Drafted By:
LEONARD, STREET AND DEINARD (JMF/SDH)
PROFESSIONAL ASSOCIATION
2270 Minnesota World Trade Center
30 East Seventh Street
Saint Paul, Minnesota 55101
190087Ov3(14qpy03!.DOC) 6
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date March 21. 2000
AGENDA SECTION
Amended Approval of Claims
I ITEM NO. Schedule of Bills I
REQUEST:
The Andover City Council is requested to approve total claims in the amount of$ 188,773.29.
BACKGROUND:
Claims totaling $ 63,151.50 on disbursement edit list #1 dated 03-14-2000 have been issued and released.
Claims totaling $ 125,621.79 on disbursement edit list #2 dated 03-21-2000 will be issued and released upon
Council approval.
Date: 03-21-2000 Approved By:
,
.
.
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~ (5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: March 21 , 2000
AGENDA SECTION ORIGINATING DEPARTMENT
ADD-ON Scott Erickson,<f)t-
Engineering
ITEM NO.
Extend Public Hearing Date/98-11/Jay Street NW
The City Council is requested to extend the public hearing date for Project 98-11, Jay Street
NW to April 18, 2000. This will provide for the necessary notice of this project.
....
~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
MOTION by Council member to adopt the following:
A RESOLUTION EXTENDING THE PUBLIC HEARING DATE ON IMPROVEMENTS OF
STREETS, STORM SEWER, SANITARY SEWER AND WATERMAIN , PROJECT NO.
98-11, I N THE AREA ALONG JAY STREET NW .
WHEREAS, pursuant to the City Council on March 6, 2000, a public hearing date
was scheduled for April 4, 2000.
NOW, THEREFORE, BE IT RESOLVED, such public hearing will be extended
to be held on such proposed improvement on the 18th day of April , 2000 in the
Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and
published notice of such hearing and improvement as required by law.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 21st day of March, 2000, with
Council members voting
in favor of the resolution, and Council members
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
JAY STREET NW
"ANDOVER, MINNESOTA
DJ2J (')-I~!L
~ .~ CITY OF ANDOVER
-,
Cc- REQUEST FOR COUNCIL ACTION
DATE: March 21 , 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson,~
Engineering
ITEM NO.
4. Accept Supplemental Feasibility Report!
98-29/Grey Oaks (Phase I & II)
Attached is a revised resolution for the above mentioned item. Please replace the resolution
in your packets with the attached resolution.
" ,
~ CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY, WAIVING
PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-29 FOR -
SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE
FOllOWING AREA GREY OAKS (PHASE I & II)
WHEREAS, the City Council did on the 6th day of March, 2000 , order
the preparation of a supplemental feasibility study for the improvement; and
WHEREAS, such supplemental feasibility study was prepared by TKDA
and presented to the Council on the 21st day of March ,2000; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the supplemental feasibility
study and declares the improvement feasible, for an estimated cost of
$1.097,457.85 ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the supplemental feasibility report with an estimated
total cost of improvements of $ 1.097,457.85 waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm
of TKDA to prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council that the developer will be
required to escrow $ 165,000.00 for the preparation of the plans and
specifications which shall be applied to this project.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 21st day of March , 2000 , with
Council members voting
in favor of the resolution, and Council members
voting against, whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk