HomeMy WebLinkAboutCC June 6, 2000
,- , CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD N.w.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - Tuesday, June 6, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
I. Discuss Status of Grey Oaks greyoaks
2. Comprehensive Plan AmendmentfRM to RU/Section 22/City of Andover, Cont. cpandover
3. Rezoning/M-2 to R-4/Section 22/City of Andover Cont. rzandover
4. Sketch Plan Review/Nature's Run/Section 27/D.H.Land Company skpnaturesrun
5. Sketch Plan Review/Gold Nugget Development/Section 14 skpgoldnugget
6. Sketch Plan Review/Merit Development/Section 28 skmerit
7. Order Feasibility Report/OO-17/Anoka County Library Trail Construction ordOO17
8. Approve Revised Draft Comprehensive Plan for Submittal to Met. Council compplan
9. Discuss Contract Rezonings contractrz
10. Discuss Transitional Commercial Districts commercial
~J 11. Discuss Exemption to Noise OrdinanceIPov's Sports Bar povs
Staff, Committees, Commissions
12. Appoint Telecommunication Tower Task Force tower
Non-Discussion/Consent Items
13. End of Probationary Period/Jim Dickinson dickinson
14. 1999 Budget Carry Forward budget
15. Excess Liability Insurance Update insurance
16. Approve Hire ofIS Coordinator hireis
17. Accept Petition/00-24/14268 Round Lake Blvd/WM petOO24
18. Accept Feasibility/00-24/14268 Round Lake B1vdIWM acptOO24
19. Approve Quotes/00-14/142XX Round Lake Blvd. qtOO14
20. Update of DNR 2000 Grant Application Round dnrgrant
21. Approve Amendment to Ordinance No. 10, Platting & Subdividing Ordinance ordlO
22. Approve Rezoning (REZ 00-03)/R-3 to R-4/14268 Round Lake Blvd. NWlWayne Ness rzness
23. Approve Lot Split (LS 00-07)114268 Round Lake Blvd. NW/Wayne Ness lsness
24. Comp Time comp
25. Approve Resolution of Support/Cedar Creek Greenway Project cedarcreek
26. Approve No Parking Resolution along Crosstown Blvd at Sunshine Park no park
, 27. End of Probationary Period/Cindy Ramseier ramseier
28. Reso1ution/Televising of Anoka County Board Meetings televising
29. Approve Garbage Hauler License Renewals garbage
'\ . 30. Reso1ution/Dec1aring Andover Family Fun Fest a City Function funfest
'J ' Mayor/Council Input
Payment of Claims
Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: 1une 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Cler\,O))J
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
April 24, 2000 Special Meeting (OrUel absent)
May 15, 2000 Special Meeting
, ) May 16, 2000 Regular Meeting
May 17, 2000 Special Meeting
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
\ Discuss Status of David L. Carlberg
. Grey Oaks Community Development Director
The City Council is requested to discuss the status of the Planned Unit Development of
Grey Oaks. At the time of the writing of this staff report, the legal review of the project
had not been completed. Staff met with Barry Sullivan, William G. Hawkins and
Associates on Friday, June 2, 2000 to review and comment on the latest draft of the legal
review. Changes are being made to the document and the official document will be
delivered to the City Council on Monday, June 5,2000 under separate cover.
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
'. DATE: June 6, 2000
J
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Compo Plan Amendment 00-01 John Hinzman
Land Use Change RM to RU City Planner
NE V. of Section 22
B. City of Andover
Request
The City Council is requested to review an amendment to the Comprehensive Plan to
change the land use district designation from RM, Residential Medium Density to RU,
Residential Urban Single Family. The proposed 60 acre site is owned by Grey Oaks, Inc.
and is located in the NE V. of Section 22, north ofthe FOX HOLLOW SUBDIVISION,
between Nightingale Street and Hanson Blvd.
\ The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4,
I Single Family Urban.
Background
. January 25, 2000 _ The Planning and Zoning Commission voted 6-0 (1 absent) to
recommend approval ofthe change. The Commission discussed the Grey Oaks project
and recommended approval of the change to allow the City Council the opportunity to
change the land use if the plat conditions were not met.
. February 1,2000 - The City Council granted a 60-day extension (April 30th expiration)
to the Preliminary Plat of Grey Oaks.
. February 15,2000 _ The City Council tabled the item to the last meeting in April, upon
approval of the Grey Oaks Preliminary Plat extension.
. April 18, 2000 _ During Mayor\Council input, the City Council requested the item be
placed on the May 2, 2000 meeting if the Preliminary Plat for Grey Oaks expires.
. May 2 & 16, 2000 - The City Council tabled the Comprehensive Plan Amendment and
Rezoning to allow the City Attorney and stafftime to evaluate the completeness of the
last submittal.
,
,
. Additional background information on Grey Oaks is included in the January 25, 2000
Planning and Zoning Staff Report.
Page Two
Comprehensive Plan Amendment
NE V4 Section 22
June 6, 2000
Metropolitan Council Review
Metropolitan Council has indicated that any amendment to Comprehensive Plan cannot
negatively affect the housing and density goals recently adopted by the City Council. If
the multiple family designation is removed from the subject property, additional property
may need to be designated multiple family development in order to gain Met Council
Approval.
Attachments
. Resolution for Approval
. Planning and Zoning Commission Minutes ~ January 25, 2000
. Planning and Zoning Commission Staff Report ~ January 25, 2000
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION
FROM RM, RESIDENTIAL MEDIUM DENSITY TO RU, RESIDENTIAL URBAN
SINGLE F AMIL Y ON 60 ACRES LOCATED IN THE NE V. OF SECTION 22
OWNED BY GREY OAKS, INC. (PIN 22-32-24-11-0002)
WHEREAS, The City of Andover has petitioned to change the land use district
designation from RM, Residential Medium Density to RU, Residential Urban Single
Family on approximately 60 acres owned by Grey Oaks, Inc., legally described as
follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the amendment as requested.
\
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves said amendment to the Comprehensive Land Use Plan with the following
condition:
1. Approval by Metropolitan Council.
Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria V olk, City Clerk
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 2
Mr. Hinzman stated the applicable ordinances that regulate the Comprehensive Plan Amendment are
Minnesota State Statute, Chapter 473.858, which states that a Comprehensive Municipal Plan is in
conflict with the Zoning Ordinance or any other official controls, those official controls must be
changed to conform with the Comprehensive Plan.
Mr. Hinzman stated the ordinances applicable to the Rezoning portion of this request are Ordinance
8, Section 5.02, which establishes the procedure for changing zoning district boundaries, and Section
5.03 B, which establishes criteria. He provided a brief outline of the criteria presented, which is
applicable for both the Comprehensive Plan Amendment and the Rezoning.
Mr. Hinzman advised that the Comprehensive Plan is a long-range document, which contemplates
future land use, and the zoning is the legal definition for land use on the property.
Mr. Hinzman stated the adjacent land use to the north and west of the proposed site is a rural
residential scenario, with the Wittington Ridge development to the west of Nightingale Street, and
unplatted property to the north. The surrounding areas to the east and south are in the MUSA, and
include the Fox Hollows Subdivision to the south, and Cambridge Estates to the east, across Hanson
Boulevard.
\
/ Mr. Hinzman stated the Comprehensive Plan includes a number of items that relate to residential
development, and specifies criteria for residential development in the future. He provided a
summary of these criteria, which indicate that as residential development occurs, the City is
concerned with the controlled extension of services, providing appropriate buffers for new residential
development, and providing for adequate public facilities, i.e., schools, parks, and fire protection.
Mr. Hinzman stated the criteria also identify the policies related to housing and residential land use,
and indicates that the City should include a variety of housing types, including Multiple Family, and
that platting and development of residential neighborhoods as units should be encouraged. He
advised that there should also be a continuity of street patterns, protection against adverse
environmental impacts, protection against encroachment and intrusion of incompatible land uses,
and strong encouragement of the Planned Unit Development Ordinance.
Mr. Hinzman stated this particular item has come before the Planning and Zoning Commission and
the City Council several times in the past. He advised that at the January 4, 2000 City Council
meeting, the Council authorized staff to submit a Comprehensive Plan Amendment and Rezoning for
this area. He explained that this action was not brought forward by the developer, but rather, was
initiated by the City.
Mr. Hinzman stated the proposed change is more consistent with the surrounding land uses. He
explained there is Single Family development abutting the site to the south and east. The existing
Multiple Family designation creates an abrupt change in density from adjacent rural properties which
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 3
abut the property to the north and west, and urban expansion is not planned to the west of this
property.
Mr. Hinzman advised that the December 4, 1999 Grey Oaks submittal exceeds the 6 units per gross
acre maximum density requirement of the RM, Residential Medium Density District, with a
proposed density of 8.6 units per acre.
Mr. Hinzman noted this area is currently within the MUSA. He indicated that staff is currently
examining options for transferring the Multiple Family designation to other properties in the City.
He explained that Multiple Family development will become additionally necessary in the future,
and staff does not desire to see this type of development eliminated in the City as a whole. Staff is
examining other areas in the City Witll the same number of buildable acres; where the same number
of units could be transferred to, and would be bringing this forward in the near future as a
Comprehensive Plan Amendment.
Mr. Hinzman outlined the Commission's options for action. He stated staff recommends approval of
both the Comprehensive Plan Amendment and the Rezoning of the property.
\ Commissioner Hedin inquired how this proposed Rezoning would affect the original Grey Oaks
, Preliminary Plat approval.
Mr. Hinzman explained that tlle Council would have two items before them for consideration, a
Preliminary Plat that has been conditionally approved, and the Rezoning of the property and
Comprehensive Plan Amendment. He stated that eventually, the City Council would have to
determine which use and which type of development they see appropriate for this property. He
advised that the Council would sort through this at their first meeting in March, which is the
expiration date of the one-year sunset clause on the Preliminary Plat, and at that time, would either
extend the time period for review, or accept the Comprehensive Plan Amendment and the Rezoning.
Mr. Hinzman explained that at this point, the Planning and Zoning Commission is requested to
review the compatibility of the single-family residential land use district for this area. He stated staff
would bring the Commission's recommendation forward to the City Council, to assist them in
making a decision on the future of this property.
Commissioner Hedin inquired if the Rezoning would have a negative effect of the original
Preliminary Plat.
Mr. Hinzman stated the developer would not be able to proceed with the original plat if the Rezoning
and Comprehensive Plan Amendment are approved, as the proposed density would exceed the
/ requirements for the Single Family Residential zone.
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 4
Motion by Daninger, seconded by Falk, to open the public hearings for Items 3 and 4, at 7:10 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Joseph Finley, representative of Grey Oaks, Inc. stated the action that the Planning and Zoning
Commission is being asked to approve is very unorthodox. He advised that the Preliminary Plat was
approved on March 2, 1999, and under State Law, the City is absolutely prohibited from rezoning or
amending the Comprehensive Plan or density controls for a one-year ,period from the date of a
Preliminary Plat approval. He stated this action would appear to violate State Statute 462.358,
which places a one-year moratorium on cities' ability to change a Comprehensive Plan or any
official control after Preliminary Plat approval.
Mr. Finley stated he believed this action was premature regardless of this statute, as that date, the
developer had submitted a complete packet to the City for final plat approval. He explained that they
were not required to submit until March 2, however, they had done so that date, because of the
dependency of this action.
Mr. Finley stated this plat was nothing like the December 6 submittal, which the developer has
pulled off of the table, due to the negative public response it had engendered. He stated the final plat
, approval is simply the Preliminary Plat with very simple modifications, made only to meet the
/ conditions placed upon it by the City Council. He advised that it is black-letter law in the State of
Minnesota, that when a Preliminary Plat has been approved, the developer is entitled to final plat
approval if it is submitted within a one-year period, and meets the conditions that the Council has
imposed. He stated for this reason alone, it was premature to act upon this matter at this time.
Mr. Finley stated a third factor for consideration is that in reliance on that Preliminary Plat, Grey
Oaks, Inc. has already spent over $600,000 creating that land, installing utilities, and excavating
building basements. He stated these were dollars that could only be spent for the project that was
approved in the original plan. He reiterated that it would be very unorthodox for the City to rezone
the property during a one-year period in which they are prohibited from rezoning, when the
developer has already spent $600,000 to satisfy the conditions it placed upon him in the Preliminary
Plat.
Mr. Finely stated there was likely a very good reason why this action was being considered; although
not entirely apparent to him. He stated that typically, when property is rezoned, especially property
which affects only one owner, there is often a study done, because there is a presumption that the
zoning which is in place is valid zoning. He stated that typically, when zoning is changed, a study is
performed, and that change would be given the same dignity as the original zoning in the City, when
that zoning was enac~ed.
Mr. Finley stated the materials he has seen provide no indication that any study has been done. He
stated this is simply the rezoning of one person's property without studies, during a period in which
rezoning is prohibited, and after the developer has spent $600,000 on a Preliminary Plat, which
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 5
would be rendered nugatory by this rezoning. He advised that for these reasons, the Planning and
Zoning Commission should table this item, or set it over until a more appropriate time.
Chair Squires requested clarification regarding the modifications made to the Preliminary Plat that
were submitted that date.
Mr. Finley explained that as this was not a hearing on the final plat, he had not come prepared to
, inform the Commission regarding each modification, however, it is very similar to the original plat.
He stated the location of one roadway has been slightly shifted, in response to the City's request for
additional parking, more impervious surface, and less green space than the original plan provided.
He explained that addressing this request involves the relocation of several roadways and structures,
and as these are conditions imposed upon the developer by the City, they must be changed.
Mr. Finley stated the current submittal bears no relation to the December 6 proposal that many
people found to be unacceptable. He advised that the proposal is almost identical to the Preliminary
Plat, with the exception of an additional townhouse in a comer of the site, which was added when
something else was subtracted from another area of the site, during the relocation of a road. He
reiterated that all of the changes were very minor, and to the untrained eye, the final plat would
appear to be identical to the original plat.
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Mr. Finely explained that they had also submitted a packet containing all of the Association
docinnents that date.
Chair Squires stated his question in this regard was due to the suggestion that the Planning and
Zoning Commission was prohibited from acting upon this matter at this time, because the developer
had submitted that information.
Mr. Finley explained that Statute 462.358, Procedure for Plan Effectuation, Subdivision Regulation,
Section 3C, Effective Subdivision Approval, indicates "For one year following preliminary approval,
and for two years following final approval, unless the subdivider and the municipality agree
otherwise, no amendment to a Comprehensive Plan or official control shall apply to or effect the use,
development density, lot size, lot layout, or dedication or platting required or permitted by the
approved application." He stated this is State Law, and is a safe harbor, to provide that the City can
not pull the rug out from under a' developer who has proceeded with a project based upon the
Preliminary Plan approval.
Mr. Finely stated this Statute goes on to indicate that later in that time period, any change must be
considered very carefully, if an investment has occurred in reasonable reliance upon the approved
application, and the subdivider will suffer substantial financial damage as a consequence of a
requirement to submit a new application. He explained that this provision is in the Statute because
there is a long history of subdividers, who after having obtained approval, and spending much
money attempting to comply with the City's conditions, are preempted very quickly after approval.
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 6
He stated he was not suggesting that the City was attempting to do this, however, he would suggest
that what is being considered violates this Statute on all fours.
Chair Squires inquired if this Statute also contemplates that the final plat approval submittal be
consistent with what was approved at the Preliminary Plat stage.
Mr. Finley stated this particular Statute does not, however, it does contemplate that final plat
approval uses the Preliminary Plat as a base line, and addresses the concerns of the conditions placed
by the Council and results in a plan which reflects this. He stated that this is what they have done,
and they have prepared a very different final submittal than that brought forward on December 6. He
indicated that the Case Law is very clear, in that the subdivider is entitled to final plat approval if the
conditions placed by the Council on the Preliminary Plat are satisfied.
Chair Squires stated one of the requirements imposed by the City Council for the Preliminary Plat
and Planned Unit Development approvals relates to the senior housing issue. He inquired if this
issue is addressed in the final submittal.
Mr. Finley stated they have addressed this to the extent they can legally do so. He explained that
there is also Case Law, which states that if the conditions of subdivision approval are not legal, the
subdivider can disregard the illegal condition. He indicated that in the Multiple Family portion of
this proposal, the developer has reserved the right to develop "over 55" housing, to the extent that it
is rental, and not sold. He noted that the developer reserves this right, however, must comply with
the Federal Fair Housing Act, as well as Minnesota State Law. He explained that to the extent that
this is the requirement, it is included, and to the extent that the requirement is more than that, it is
illegal, and also violates the anti-coercion laws of HUD and FHA, funds of which, the City is a
recipient.
Commissioner Falk inquired ifthe developer has met the conditions set forth by the City Council.
Mr. Finley stated there were two approvals, one for the Plmmed Unit Development, and one for the
Subdivision: He noted there were approximately 22 to 23 conditions for approval in the Subdivision,
and they believe they have satisfied all of these conditions. He explained that there were
approximately 7 conditions set forth in the Planned Unit Development, and one of these was a
vaguely worded condition regarding housing for the elderly. He stated they believe they have clearly
satisfied all ofthe conditions, with the exception of that related to elderly housing, and have satisfied
this condition, to the extent that law permits.
Chair Squires inquired if, regardless of whether or not they believe that the law permits the City to
impose a condition involving senior housing, this condition has not been met.'
Regular Andover Planning and Zoning Commission Meeting
Minutes -January 25, 2000
Page 7
Mr. Finley stated they believe they have met this condition, however, it is very vaguely worded. He
pointed out that the current consideration is not a hearing on the final plat, but rather upon the
proposal to rezone the property.
Chair Squires advised that he was aware of this, however, Mr. Finely was making the issue of the
final plat germane for the Commission's consideration.
Mr. Finley stated they have submitted a fmal plat for review by the City.
Mr. Hinzman indicated that staff has received the revised Preliminary Plat, however, he has not seen
the covenant documents, and therefore, is uncertain whether or not they have been submitted at this
time. He noted that the newly submitted Preliminary Plat closely resembles the original submittal.
He stated the City Council has not had the opportunity to review the revised preliminary plat, and
may not be aware that it has been submitted at this time.
Mr. Hinzman advised that the current consideration is the Single Family Residential District
Rezoning and Comprehensive Plan Amendment for the property. He explained that when this matter
goes before the City Council, in conjunction with the documentation submitted by the developer, the
Council would render their decision. He stated however, at this time, the Planning and Zoning
Commission is charged with providing a recommendation related to the Comprehensive Plan
Amendment and the Rezoning of this property, in order to assist the Council in making a decision
regarding the future of land in this area.
Chair Squires stated he understood this, however, Mr. Finley has asserted that based upon the current
submittal, and the approvals that have been given, there may be some question regarding whether it
is even appropriate to consider a land use change. He explained that the Commission should
consider this, and ultimately, the Council would consider this as well.
Commissioner Apel pointed out that this decision was not within the purview of the Planning and
Zoning Commission, but rather the City Council.
Chair Squires stated this was correct, however, by holding the public hearing on this matter, the
Planning and Zoning Commission was developing a record for review, as well.
Commissioner Daninger inquired if Mr. Finley's suggestion that a change could not be made within
a year would also apply to a recommendation. Mr. Finley stated the Statute indicates a change could
not be made.
Commissioner Apel advised that the Planning and Zoning Commission's action on these items
would not constitute a change.
I
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 8
Mr. Hinzman pointed out that the Preliminary Plat was conditionally approved, and it is uncertain if
the one-year time period is applicable if the conditions of the Preliminary Plat have not been
accepted by the Council, however, this would be an issue for the City Attorney to determine.
Chair Squires stated the plan that was presented by the developer at the last meeting appeared to be
completely inconsistent with the preliminary plan that was approved. He inquired why the developer
had done this.
Mr. Finley explained that after reviewing the conditions, Mr. Winshital had interpreted that the City
desired something slightly different than the preliminary plat, and therefore, proceeded with the
preliminary plat as a base line, making only the minimum changes necessary to meet the conditions
of approval imposed by the City. He stated he could not speak for Mr. Winshital, however, he
believed he was doing something that the City would find acceptable. He pointed out that once he
learned that the City was not pleased, he attempted to go back within the period of the Preliminary -
Plat approval, and do only what the City approved.
Chair Squires inquired if the number of proposed units had increased from 350 to 519. Mr. Finley
stated this was immaterial as this plan was withdrawn:
/ Brian Cooth, 15667 Raven Street NW stated he was concerned with regard to the plan for the 500
plus units, which was withdrawn. He commented that this proposal does not fit in with the
surrounding area. He inquired regarding the sudden change in the plans, and why such a thing was
presented and then withdrawn. He remarked that it seemed a little bit shaky, at best, in terms of what
they are attempting to do.
Mr. Cooth stated there are many reasons people move to Andover, and this proposal is not one of
them. He explained that he attempted to move into an area comprised of some acreage, and in his
opinion, this proposal destroys the City. He stated he is completely opposed to the development
proposal, and in favor of the rezoning, which is one of the smartest moves the City could make for
this area, for several reasons. He pointed out that if there were no guarantee that this development
would be senior housing, there would be a problem with regard to the schools, which could not
handle the additional population it would draw. He explained that he worked with the schools, and
they are already very full. He inquired where they would put all of the children who would 'come in,
adding that if the development is not restricted to seniors, there will be children there. He noted that
even if there were only one child per unit, this would result in an enormous amount of attendance.
He reiterated that he was in favor ofrezoning the property.
Kim Dickeson, 105629 Raven Street, stated she felt the rezoning was very important to the City of
Andover at this time. She indicated she has attended the School Board meetings, where they are
currently fighting to obtain a school to accommodate the children. She commented that the proposed
development, if not restricted to seniors, would result in many problems. She noted many housing
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 9
developments have been approved in the City for construction within the next two years, and the
schools are not able to accommodate all of these children.
Ms. Dickeson stated the moved from Plymouth to the City of Andover, having researched where
they would like to live for two years. She indicated her child was in Kindergarten when they moved
into the area, and purchased acreage property from Mr. Winshital. She stated they were promised
that they would be completely surrounded by similar properties, however, the area was rezoned, and
they have been following this matter since they became aware of the rezoning. She stated she was
aware that the developer may be able to proceed with the current proposal, however, it was time to
consider the Comprehensive Plan, and what is really needed in the City of Andover.
Ms. Dickeson stated all of the property along Nightingale Street, to the west of the proposed
development, is acreage, and these rental units would be adjacent to a school. She pointed out that
there was no mass transit in Andover, and no Police Department, and the proposed density of this
development would not be appropriate in this area.
Ms. Dickeson stated the Metropolitan Council requires transition, however, there was no transition
from the two-acre properties located directly across the street, to a Multiple Dwelling development.
She requested this matter be considered very carefully, in terms of whether or not it fits into the area,
I adding that she does not believe it does.
Mike Goetz, 15629 Osage Street stated he would like to reiterate Mr. Hinzman's comment regarding
other properties in the City that could possibly be rezoned for this type of development. He stated
that the R-4 zoning was more appropriate for this area, and would be advantageous to all of the
surrounding neighbors, whereas the M-2 zoning would be more appropriate in other areas of the
City, and would be advantageous to the City for many reasons, including transportation and safety.
Bob Almeda, 15711 Nightingale Street stated the City approved 324 units on the original plan. He
'indicated that with that plan, he would have 15 townhomes looking down on his property, however,
the developer is now proposing to increase this to 524 units, which would create one 30-unit, and
three 24- unit structures adjacent to, and looking down upon his property. He stated he found the
original plan to be acceptable, however, he was opposed to the current proposal. . He indicated he
was in favor of rezoning the property to Single Fanlily Urban.
Chair Squires advised that based upon Mr. Finley's statement, the developer has abandoned the
proposal for 519-units.
Tony Howard, 2119 156th Avenue stated all of the residents in this area have been following this
proposal for the past year and a half, and some have been fighting it every step of the way, as they
are, opposed to it, and it is not what the City needs. He stated this proposal provides no transition
from the R-4 Zoning District. He advised that the M-2 zoning was originally supposed to be located
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 10
on the east side of Hanson Boulevard, however, it had been changed on the west side because it was
to be senior housing, which is no longer in the equation.
Mr. Howard stated the residents of this area were somewhat satisfied with the proposal for senior
housing, however, this has changed. He inquired what other changes would occur after this, and
how many more times would the residents have to come in and discuss this matter. He stated he
would like to have the zoning changed back to R-4, and finalize the matter. He indicated that the
developer should attempt to find some other location for this proposal, where the transition makes
sense.
Mr. Finley explained that there was no Sketch Plan for 512 units, and if this was the basis for
opposition, it is completely irrelevant, because what is being proposed is exactIy what was approved.
Mr. Finley stated he is a city planner, with a degree in planning as well as law. He indicated there is
a very interesting transition in this area, and tremendous amounts of open spaces, wetland
preservation, and ponds. He explained that that. the reason for considering the Planned Unit
Developments and increasing density is to preserve the amenities that exist, and the Preliminary Plat
indicates the preservation of a tremendous amount of open space. He stated this proposal is acreage
, development, and the transition is apparent, upon examination of the plat.
Mr. Finley stated that in his understanding, they have done everything possible; within the limits of
the law, to restrict this development to "over-55" housing. He advised that they will discuss this
matter further with the City Attorney to determine what options are available in this regard. He
stated the developer has not backed away from the senior housing proposal. He commented that he
knew of no other development in the Twin Cities in which a restriction has been imposed by the city,
in terms of the age of the residents.
Mr. Finley explained that when senior housing development is contemplated, tIle developer builds a
certain product that appeals to that segment of the market, and that is what is being proposed at tIns
site, by and large. He stated this development would appeal to senior citizens, and could be
marketed to these individuals, without a restriction from the City. He reiterated he knew of no other
cities that impose these restrictions.
Mr. Finley stated they were proposing to fit into the over-55 housing category, as defined by the
Federal Fair Housing Act. He explained that this category limits their ability to place restrictions,
and the developer could only require that one member of the household must be over 55 in 80
, percent of the housing, and they could not restrict children. He stated the market would provide a
large number of senior citizens for tIlis type of development. He indicated that single family homes
would certainly bring in more children than this proposal, and would create much more pressure on
the schools than they would ever have with this development. He stated their proposal may not have
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Pagel]
a restriction in the legal sense, but through the marketing of the units, it was likely there would be
fewer children than with single family development.
There was no other public input.
Motion by Apel, seconded by Dalien, to close the public hearings on Items 3 and 4, at 7:42 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Daninger requested clarification regarding the City Council's process for determining
this matter.
Mr. Hinzman explained that if a recommendation was made at that time, the Council would have for
consideration the Rezoning and Comprehensive Plan Amendment, the recommendation' of the
Planning and Zoning Commission, the request from the developer with the new Preliminary Plat,
and the new covenants that have been submitted. He stated the Council would then proceed to
determine whether or not the covenant documents and the Preliminary Plat meet the requirements of
the Planned Unit Development and the Preliminary Plat, and if that is the case, would accept those
documents and approve them. He indicated that if the Council finds those items do not meet the
requirements, they could proceed with the Rezoning and Comprehensive Plan Amendment,
I assuming that these actions would not be in conflict with State Statutes. He advised that the City
Attorney would review the Statutes to insure that the City is in compliance with them.
Commissioner Daninger asked what would occur if the items were tabled at this time.
Mr. Hinzman indicated if the matter is tabled, and no recommendation is provided prior to
consideration of the Preliminary Plat, the Council could not accept those documents, or determine
they do not meet the requirements, and thereby rule the matter null and void prior to the March 2
S1.Ulset date. He advised that it was the Council's direction to have the option of the single-family
scenario before them at the time the Preliminary Plat is considered, in the event that the developer
does not meet the requirements of the Preliminary Plat.
Commissioner Apel stated the Planning and Zoning Commission, as an advisory group, would be
acting in the interest of the decision making function to forward the matter with' a recommendation
of some form, rather than tabling it. He stated he would at this time, argue for a recommendation of
approval.
Commissioner Falk inquired regarding the implications presented by the Statute cited by Mr. Finley.
Commissioner Apel stated this was to be determined by the Attorneys. He pointed out that it would
not take effect until March 3, and the Council appears to desire to have this matter in a position to
allow them to make a decision. He stated the Council members are the elected officials. He advised
that they are required to hold a public hearing to infornl the public, and although he was not certain
Regular Andover Planning and Zoning Commission Meeting
" Minutes - January 25, 2000
I Page 12
he agreed or disagreed on any of these items, he would be willing to forward a recommendation to
the Council, to assist them in the decision making process.
Commissioner Hedin explained that the actions of the Planning and Zoning Commission would not
have any effect upon the Preliminary Plat or the final approval, because the decision is within the
purview of the Council. He noted that if the Commission were to recommend approval of the
Rezoning and the Comprehensive Plan Amendment, it would be the responsibility of the Council
and their attorneys to determine what legally could be done.
Commissioner Daninger pointed out that the Commission could also recommend to deny these
items, and the Council would still have the option to move forward with them.
Commissioner Hedin stated this was correct, however, the Commission would not take any rights
away from this project by recommending approval of the Rezoning, because the developer would
still have their right to seek final plat approval
Mr. Hinzman reiterated that the Commission's recommendation would be an advisory board
decision and would not be a final decision that would invalidate any rights of the applicant.
I Commissioner Dalien added that this would simply keep all of the options open to the Council, and
that is what the Planning and Zoning Commission should be considering. He stated it was
unfortunate that they were once again: in this position, however, this was not due to the Councilor .
the Commission, but rather an unfortunate set of circumstances created by the developer. He advised
that it would be in the best interest of the City of Andover to keep this option alive, so that the City
Council could proceed in this direction if necessary. He stated he would. be in favor in moving
forward with a recommendation of approval.
Chair Squires stated this was a fairly significant issue for many people, therefore, the Commission
should examine it in further detail. He inquired if at the time of the initial application for the senior
housing complex, there was a consensus between the developer and the City as to the nature of this
Grey Oaks Development. He stated the minutes reflected that it would be a senior housing complex
or community, and as the matter went through the process for approval of both the Preliminary Plat
and the Planned Unit Development, this condition was imposed on both, memorializing that
understanding.
Chair Squires stated he did not recall that Mr. Winshital had ever objected to the agreement between
the parties as to what this development would be. He inquired if there was anything in writing that
indicated Mr. Winshital objected to this condition, or did not believe it was legal at that time. He
noted Mr. Finley's statement that the developer may not have to comply with this condition in
entirety, because of State Law, and while this may be the case, it was still a condition the City
/ thought could be imposed, and to his recollection, the developer never objected to it.
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
/ Page 13
Mr. Hinzman advised that when the original land swap between Chesterton Commons and this
development occurred, it was noted in the minutes that the developer would offer up the 60 acres
north of Fox Hollows for a "senior development with many amenities". He stated during that time,
they have discussed the senior aspect of this proposal with the Council and the developer on many
different occasions, and the developer's main concern has been how he can legally do this, and this
has been reiterated this evening by Mr. Finley. He pointed out that he did not believe the developer
has stated, at any time, that he does not wish to proceed with this project as a senior housing
development, but rather that there has been discussion regarding the legalities, and what would be
acceptable to the City Council.
Chair Squires stated the rezoning of this property from Single Family to Multiple Family was based
upon a mutual understanding regarding the nature of the project. He explained that if this mutual
understanding is unattainable, whether by the voluntary actions Of the applicant in submitting an
inconsistent plan, or by some operation of law, which makes what was envisioned no longer
possible, it would be appropriate to revisit the rezoning, in that the reason for it no longer exists. He
stated this is a factor that should be considered.
Chair Squires pointed out that when this matter came forward, there were discussions regarding the
fact that this Multiple Family piece of property would be entirely surrounded by Single Family
residential property, which is sometimes referred to as "spot-zoning." He explained that this area
was rezoned to Medium Density, because of the possibility of life cycle housing, which the
Metropolitan Council and other organizations encourage. He stated if there was no guarantee that
the developer was going to build what was mutually agreed upon, it would be appropriate to go back
and revisit the issue of this Medium Density piece, in the middle of the Single Family.
Commissioner Apel added that the fact that this situation exists, in itself, would appear to be a large
enough issue to revisit the decision making, and attempt to reinstate the original zoning.
Commissioner Hedin pointed out that if the final plan were approved as presented, this discussion
would be moot, because the proposal would have. been approved within the one-year period. He
added that if it were not approved, the developer would have to submit another Preliminary Plat, and
would commence another one-year sunset from the date of its approval. He advised that if approval
is not granted until after March 2, the Commission's recommendation to approve the Rezoning to the
R-4 designation would give the Council opportunity to do so at the March 3 City Council meeting.
Chair Squires stated there appeared to be many issues with the Preliminary ,Plat, which will have to
be sorted out by the Council and the City Attorney in terms of whether or not the developer has an
absolute right to have a Preliminary Plat. He stated there is an issue of inconsistency, in terms of the
simple modifications to the Preliminary Plat that Mr. Finley has referenced, which might be
interpreted otherwise. He advised that the Final Plat must be consistent with the Preliminary Plat.
He explained that if it is not, and the developer does not provide the covenants for senior housing
that are consistent with what the City has requested, the Council would have to decide if the
Regular Andover Planning and Zoning Commission Meeting
'\ Minutes - JanualY 25, 2000
/ Page 14
developer has complied with that condition. He stated the decision would initially be made by the
City Council regarding whether or not the developer has a right to Final Plat approval, and if it is
concluded that they do not, the Council would have to consider whether or not it is appropriate to
Rezone.
Chair Squires stated there are standards for rezoning, which is a legislative act by the City, and there
must be reasons and rationale for rezoning. He stated he agreed with Mr. Finley, in that the City
could not rezone property on a whim, however, he does not believe the City must have evidence of a
comprehensive study in order to do so.
Chair Squires stated the Commission was been involved in the initial decisions made on this
proposal, and Commissioner Apel, who participated on the Comprehensive Plan Task Force, has
much background on this issue. He stated the residents who live in the surrounding areas have also
provided their input. He advised that they were all aware of the nature of the surrounding areas,
therefore, there is suffiCient information before the Commission to determine whether or not the
Rezoning would be appropriate, in the absence of the right of the developer to obtain the Final Plat
approval on this proposal.
'\ Commissioner Hedin stated the property was rezoned in order to allow for the Preliminary Plat,
I therefore, if the Preliminary Plat is not obtained approval, there is sufficient reason to divert back to
the R-4 designation, to provide for buffering. He stated he would be in favor of recommending
approval of the Rezoning, contingent upon the lack of final approval of the original Preliminary Plat,
which is for the Council to determine.
Mr. Hinzman advised that in the past, the City has entered into contractual rezonings. with certain
conditions placed upon them. He stated generally, rezonings are either an up or down amendment of
the ordinance. He explained that in the past they have added some conditions to the Comprehensive
Plan Amendment, when there was concern that the rezoning only proceed if the City Council were to
deny the Preliminary Plat, and this might be an appropriate place to indicate this condition.
Commissioner Apel stated he did not believe the Commission should be indicating conditions at this
time, because the condition exists, with or without it being specified in the instrument, itself. He
stated it was obvious that if the City Council approves the Preliminary Plat as presented, the point is
moot.
Commissioner Daninger stated he agreed with this. He explained that the goal of a public hearing is
to allow the public to speak, as well as to gather information. He stated what they were attempting
provide the Council with information to utilize during the decision making process, and much has
come forward. He reiterated that the consideration currently before the Commission was to
recommend approval or denial of the Rezoning, and as they would all like to proceed with this
I matter, he would move to recommend approval.
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 15
Motion by Dalien, seconded by Daninger, to recommend to the City Council approval of Resolution
No. R -00, a resolution amending the Comprehensive Land Use Plan of the City of Andover to
change the Land Use District Designation from RM, Residential Medium Density to RU, Residential
Urban Single Family on 60 acres located in the NE Y. of Section 22 owned by Grey Oaks, Inc. (PIN
22-32-24-11-0002). Motion carried on a 6-ayes, O-nays, I-absent vote.
Chair Squires stated the reason for this action is to provide the Council the opportunity to review the
minutes and adopt.a specific reason, which in his mind, is the essence and the very reason that the
zoning change was made. He added that it also appears that by operation of law or otherwise, the
basis for the understanding and meeting of the minds of the City and the developer may no longer
exist, based upon the comments made.
Motion by Falk, seconded by Apel, to recommend to the City Council approval of Ordinance No.8
--' an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of
Andover. Motion carried on a 6-ayes, O-nays, l-abent vote.
commissioner Dalien stated the reasons for this action are the same as those outlined by Chair
Squires in the previous motion.
I Mr. Hinzman stated these items would be considered at the March 6, Special City Council Meeting.
He indicated that this would occur after the expiration of the sunset clause, therefore the City
Council may desire to make a motion in this regard, during a regular meeting in February, at a prior
to that date. He stated that under the advice of legal counsel, the Council did not desire the
Comprehensive Plan Amendment and Rezoning be brought forward until after the expiration ofthe
one-year sunset clause.
DISCUSSION: REVIEW ZONING ORDINANCE - SIGNS IN RESIENTIAL DISTRICTS.
Mr. Hinzman stated the Planning and Zoning Commission, at the request of the City Council at their
January 4,2000 meeting, is asked to review Ordinance No.8 (the Zoning Ordinance), Section 8.07 -
signs in residential districts.
Mr. Hinzman stated this matter stems from earlier discussion regarding a request to allow a 32
square-foot sign to remain at property located on Prairie Road, where it has existed for
approximately 16 years. The City Council concurred with the Planning and Zoning Commission's
recommendation that there was no hardship on the property, and therefore, denied the request for
variance, however, directed the Planning and Zoning Commission to re-examine the provision of the
sign ordinance that allows signs in residential areas.
Mr. Hinzman stated staff has researched the sign provisions of other communities that are similar to
I Andover, in terms of their location on the rural urban edge of the Twin Cities area. He indicated the
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: January 25, 2000
ITEM NO. 3 ORIGINATING DEPARTMENT
Public Hearin~: Planning
CPA 00-01
Land Use Change RM to RU John Hinzman
NE y. of Section 22 City Planner
City of Andover
Request
The Planning and Zoning Commission is asked to review an amendment to the
Comprehensive Plan to change the land use district designation from RM, Residential
Medium Density to RU, Residential Urban Single Family. The proposed 60 acre site is
owned by Grey Oaks, Inc. and is located in the NE Y. of Section 22, north ofthe FOX
HOLLOW SUBDIVISION, between Nightingale Street and Hanson Blvd.
\
,
The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4,
Single Family Urban.
Applicable Ordinances
Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is
in conflict with the zoning ordinance, the zoning ordinance shall be brought into
conformance with the plan... after August 1, 1995, a local governmental unit shall not
adopt any fiscal device or official control which is in conflict with its comprehensive
plan."
Land Use Plan and Zonin~ Map
Often times, the land use plan and the zoning map are confused and thought to be the
same. The land use plan is general in nature and long range, the zoning map is short
range and precise. The land use plan sets the general guidelines for use by the Planning
Commission and City Council in reviewing and evaluating development proposals. The
zoning map is a tool to implement the land use plan. The land use map delineates the
general land use areas by type, such as residential, industrial, and commercial. The
zoning ordinance and accompanying map set forth and further refines permitted uses in
each zone and establishes requirements for each use in specific zones.
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 2
Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . RR, Residential Rural; unplatted rural development
East . Hanson Blvd - RU, Residential Urban Single Family; CAMBRIDGE
ESTATES
South . RU, Residential Urban Single Family - FOX HOLLOW
West . RR, Residential Rural- WITTINGTON RIDGE
Comprehensive Plan
The 1991 Comprehensive Plan identifies the following issues related to residential
development:
1. The City is experiencing tremendous pressure for development of residential
opportunities. Although the City desires to provide opportunities for a variety
of housing types, it is concerned with maintaining high standards of quality
and aesthetics.
, 2. As residential development occurs, the City is concerned with the controlled
extension of municipal services to ensure cost efficiencies.
3. As residential development occurs, the City is concerned with providing
appropriate buffers between incompatible land uses.
4. As residential development occurs, the City is concerned with the provision of
adequate public facilities including schools, police and fire protection, parks,
connector streets, etc.
5. The City is concerned with the maintenance and preservation of its
agricultural lands.
The Plan identifies the following policies related to housing and residential land use:
. The City shall encourage a variety of housing types including multi-family.
. Planning and development of residential neighborhoods as units is encouraged.
. Residential neighborhoods shall be developed to ensure the continuity of street
patterns.
. Residential neighborhoods shall be protected from adverse environmental impacts
including noise, air and visual pollution.
. Residential neighborhoods shall be protected from encroachment or intrusion of
incompatible uses by buffering and adequate separation.
. Planned unit development shall be allowed in order to: (1) preserve open space, (2)
reduce unit land costs, (3) lessen the amount of new dedicated streets (thereby
reducing on-going repair and snow removal costs), (4) lower utility costs (through
reduced footage and hence lower maintenance costs), and (5) reduce additional runoff
resulting from development.
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 3
. Mid-density development shall be encouraged on a planned unit basis and shall
specifically include provisions for traffic circulation that would mitigate adverse
affects on existing single-family residential neighborhoods.
History
. March 4, 1997 - Chesterton Partnership, the owner of the proposed parcel suggests the
City initiate a Comprehensive Plan amendment to exchange the RM, Residential Medium
Density designation from Chesterton Commons to the subject parcel. Chesterton
proposes to "construct senior citizen housing with many amenities."
. April 1, 1997 - City Council approves an amendment to the Comprehensive Land Use
Plan from RR, Residential Rural to RM, Residential Medium Density.
. March 2, 1999 - City Council approves the preliminary plat and planned unit
development (PUD) for Grey Oaks a 352 unit senior housing community consisting of2
_ 65 unit apartment buildings, 6 - 30 unit apartments, 38 twin homes, 4 single family
homes, and 4 acres of commercial development. Conditions were placed on both the
PUD and plat to ensure development of a senior housing community.
. December 14, 1999 - The developer submitted a revision to the preliminary plat of
Grey Oaks totalling 516 units consisting of 18, 24, and 30 unit buildings.
Staff determined the proposal was not consistent with the conditionally approved plat and
should be considered as a new submittal via the sketch plan process.
. January 4, 2000 - TheCity Council discussed the December 14th submittal of Grey
Oaks. The Council authorized staffto initiate a comprehensive plan amendment from
RM, Residential Medium Density to RU, Residential Urban Single Family.
. January 11, 2000 - The developer of Grey Oaks petitioned the Planning and Zoning
Commission to withdraw the scheduled presentation and sketch plan discussion related to
Grey Oaks.
General Review
. The proposed change is more consistent with surrounding land uses. Single-family
urban development abuts the property to the east and south. The existing multiple
family designation creates an abrupt change in density from adjacent rural properties to
the north and west, where urban expansion is not planned.
. The December 14tl1 Grey Oaks submittal exceeds the 6 units per gross acre maximum
density requirement of the RM, Residential Medium Density district. (8.6 units per
acre proposed).
. The area is currently within the Metropolitan Urban Sewer Area (MUSA).
. Staff is examining options for transferring the RM, Residential Medium density
designation to other properties. A formal comprehensive plan amendment request is
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 4
tentatively scheduled for the February 8, 2000 Planning and Zoning Commission
/ meeting.
Commission Options
The Planning and Zoning Commission has the following options:
1. Recommend approval of the proposed land use change.
2. Recommend denial of the proposed land use change, citing those reasons for
doing so.
3. Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the comprehensive plan amendment, subject to the
approval by Metropolitan Council.
Attachments
. Resolution for Approval
. Site Location Map
. Application
, / . Notice of Public Hearing
/
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION
FROM RM, RESIDENTIAL MEDIUM DENSITY TO RU, RESIDENTIAL URBAN
SINGLE F AMIL Y ON 60 ACRES LOCATED IN THE NE '/4 OF SECTION 22
OWNED BY GREY OAKS, INC. (pIN 22-32-24-11-0002)
WHEREAS, The City of Andover has petitioned to change the land use district
designation from RM, Residential Medium Density to RU, Residential Urban Single
Family on approximately 60 acres owned by Grey Oaks, Inc., legally described as
follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
WHEREAS, the Planning and Zoning Commission finds tile request would not have a
/ detrimental effect upon the health, safety, and general welfare of the City of Andover;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the amendment as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves said amendment to the Comprehensive Land Use Plan with the following
condition:
1. Approval by Metropolitan Council.
Adopted by the City Council of the City of Andover on this 15th day of February 2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria Volk, City Clerk
/
CPA 00-01
~ City of Change Land Use District from RM to RU
Andover City of Andover
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Signature . 'J, ~ Date~ 12,
PIN 153224440001.0 PIN 153224430004.0 PIN 233224220052.0
APEL MAYNARD D & ELEANOR M PUTNAM JERRY & GLORIA CAMBRIDGE CAPITAL INC
O~ ~URRENT RESIDENT OR CURRENT RESIDENT 941 HILLWlND DRNE #301
1. ~'57TH LN 1869157THLN FRIDLEY, MN 55432
Ai NER, MN 55304 ANDOVER, MN 55304
PIN 153224340006.0 PIN 153224430003.0 PIN 223224240011.0
MURPHY CRAIG E & BRENDA L CARDINAL LAWRENCE J & J G OLSON ESTHER W
1965107111LNNW OR CURRENT RESIDENT OR CURRENT RESIDENT
COON RAPIDS, MN 55433 15785 NIGHTINGALE ST 15450 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340008.0 PIN 223224210006.0 PIN 223224210004.0
MITCHELL RUSSELL & PAMELA GOETZ MICHAEL J & KIM M SATHER GARY M & JOAN E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2032 157TH LN 15629 OSAGE ST 15532 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224430008.0 PIN 223224210007.0 PIN 223224110002.0
BLOOMSTROM SHELLEY JEAN MEAGHER ERIN J & DELANA S CHESTERTON PARTNERSHIP
OR CURRENT RESIDENT OR CURRENT RESIDENT 3640 152ND LN
15711 NIGHTINGALE ST 15651 OSAGE ST ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
SCOTT OLMSTEAD HOMES GOR-EM, LLC STEVE KELLEY
10734 HANSON BLVD NW REMAX
COON RAPIDS, MN 55433 10732 HANSON BLVD NW 3351 ROUND LAKE BLVD
COON RAPIDS, MN 55433 ANOKA, MN 55303
,
RESIDENT RESIDENT RESIDENT
15486 MARTIN STNW 15496 MARTIN STNW 1957 155111 AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
RESIDENT JERRY SAARENP AA
15476 EAGLE ST NW 40826 COUNTY RD 311
ANDOVER, MN 55304 DEER RIVER, MN 56636
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Rezoning 00-01 John Hinzman
M-2 to R-4 City Planner
NE 'l4 of Section 22
(). City of Andover
Request
The City Council is requested to approve an amendment to Ordinance 8, Section 6.03 to
rezone land from M-2, Multiple Dwelling to R-4, Single Family Urban. The proposed
site is approximately 60 acres and is located in the NE 'l4 of Section 22, north of the FOX
HOLLOW SUBDIVISION, between Nightingale Street and Hanson Blvd.
/ The rezoning is submitted in conjunction with a comprehensive plan amendment to RU,
Residential Urban Single Family.
Background
. January 25, 2000 _ The Planning and Zoning Commission voted 6-0 (1 absent) to
recommend approval of the change. The Commission discussed the Grey Oaks project
and recommended approval of the change to allow the City Council the opportunity to
change the land use if the plat conditions were not met.
. February 1,2000 - The City Council granted a 60-day extension (April 30th expiration)
to the Preliminary Plat of Grey Oaks.
. February 15,2000 - The City Council tabled the item to the last meeting in April, upon
approval of the Grey Oaks Preliminary Plat extension.
. April 18, 2000 _ During Mayor\Council input, the City Council requested the item be
placed on the May 2, 2000 meeting if the Preliminary Plat for Grey Oaks expires.
. May 2 & 16, 2000 - The City Council tabled the Comprehensive Plan Amendment and
/ Rezoning to allow the City Attorney and staff time to evaluate the completeness of the
last submittal.
Page Two
Rezoning
NE '/4 Section 22
June 6, 2000
. Additional background information on Grey Oaks is included in the January 25, 2000
Planning and Zoning Staff Report.
Metropolitan Council Review
Metropolitan Council has indicated that any amendment to Comprehensive Plan cannot
negatively affect the housing and density goals recently adopted by the City Council. If
the multiple family designation is removed from the subject property, additional property
may need to be designated multiple family development in order to gain Met Council
approval.
Attachments
. Ordinance Amendment
. Planning and Zoning Commission Staff Report - January 25, 2000
I
CITY OF ANDOVER
COUNTY OF ANOKA
I STATE OF MINNESOTA
ORDINANCE NO.8
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 22-32-24-11-0002):
1) Rezone from M-2, Multiple Dwelling to R-4, Single Family Urban on
approximately 60 acres legally described as follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
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 6th day of June 2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
Victoria V olk, City Clerk
CITY OF ANDOVER
, REQUEST FOR PLANNING COMMISSION ACTION
DATE: February 25, 2000
ITEM NO. 4 ORIGINATING DEPARTMENT
Public Hearing: Rezoning Planning
REZ 00-01, M-2 to R-4
NE l;4 of Section 22
City of Andover Jo1m Hinzman
City Planner
Request
The Planning and Zoning Commission is asked to review the request of the City of
Andover to rezone land from M-2, Multiple Dwelling to R-4, Single Family Urban. The
proposed site is approximately 60 acres and is located in the NE l;4 of Section 22, north of
the FOX HOLLOW SUBDIVISION, between Nightingale Street and Hanson Blvd.
/
The Comprehensive Plan Amendment is submitted in conjunction with a comprehensive
plan amendment to RU, Residential Urban Single Family.
Applicable Ordinances
Ordinance 8, Section 5.02, establishes the procedure for changing zoning district
boundaries (rezoning).
Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit.
These same criteria have been utilized by the City in considering rezoning applications in
the past. The criteria include the following:
Effect of the proposed use upon the health, safety, morals arid general welfare of
the occupants of surrounding land.
Effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
Effect on values of property and scenic views in the surrounding area.
Effect of the proposed use on the Comprehensive Plan.
Rezoning 00-01 January 25, 2000 P & Z Report
NE y.. of Section 22, City of Andover Page 2
Ordinance 8, Section 6.02 establishes the minimum length, width and size for property
they are as follows:
R-4, Single Family Urban: .
Lot Width at Front Setback - 80 feet
Lot Depth - 130 feet
Minimum District Area - 11,400 s.f.
Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . R-l, Single Family Rural; unplatted rural development
East . Hanson Blvd - R-4, Single Family Urban; CAMBRIDGE ESTATES
South . R-4, Single Family Urban - FOX HOLLOW
West . R-l, Single Family Rural- WITIINGTON RIDGE
History
. March 4, 1997 _ Chesterton Partnership, the owner of the proposed parcel suggests the
City initiate a Comprehensive Plan amendment to exchange the RM, Residential Medium
Density designation from Chesterton Commons to the subject parcel. Chesterton
proposes to "construct senior citizen housing with many amenities."
. December 2, 1997 - City Council approves the rezoning from R-l, Single Family
Rural to M-2, Multiple Dwelling.
. March 2, 1999 _ City Council approves the preliminary plat and planned unit
development CPUD) for Grey Oaks a 352 unit senior housing community consisting of2
_ 65 unit apartment buildings, 6 - 30 unit apartments, 38 twin homes, 4 single family
homes, and 4 acres of commercial development. Conditions were placed on both the
PUD and plat to ensure development of a senior housing community.
. December 14, 1999 - The developer submitted a revision to he preliminary plat of
Grey Oaks totaling 516 units consisting of 18,24, and 30 unit buildings.
Staff determined the proposal was not consistent with the conditionally approved plat and
should be considered as a new submittal via the sketch plan process.
. January 4, 2000 - The City Council discussed the December 14tl\ submittal of Grey
Oaks. The Council authorized staff to initiate a comprehensive plan amendment from
, RM, Residential Medium Density to RU, Residential Urban Single Family.
Rezoning 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 3
. January 11, 2000 - The developer of Grey Oaks petitioned the Planning and Zoning
Commission to withdraw the scheduled presentation and sketch plan discussion related to
Grey Oaks.
General Review
. The proposed change is more consistent with surrounding land uses. Single-family
urban development abuts the property to the east and south. The existing multiple
family designation creates an abrupt change in density from adjacent rural properties to
the north and west, where urban expansion is not planned.
. Approximately 90-100 single-family homes could be developed on the site.
. The area is currently within the Metropolitan Urban Sewer Area (MUSA).
. Staffis examining options for transferring the M-2, Multiple Dwelling density
designation to other properties. A formal comprehensive plan amendment request is
tentatively scheduled for the February 8, 2000 Planning and Zoning Commission
meeting.
Commission Options
The Planning and Zoning Commission has the following options:
1. Recommend approval of the proposed rezoning.
2. Recommend denial of the proposed rezoning, citing those reasons for doing
so.
3. Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the rezoning.
Attachments
. Ordinance Amendment
. Location Map
. Application
. Notice of Public Hearing
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8
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 22-32-24-11-0002):
1) Rezone from M-2, Multiple Dwelling to R-4, Single Family Urban on
approximately 60 acres legally described as follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
NOTE: All other sections ofthe Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council ofthe City of Andover on this 15th day of February
2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria V olk, City Clerk
I @ REZ 00-01
City of Rezone from M-2 to R-4
Andover City of Andover
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~ R-1 - Slngl. Faml~-Ru..1 ~~~ N Sources:
LEGEND .", R_1A_Manufactur.dHouslng fA. Andover Engineering
R-2 - Single Family-Estate
, "'; R-3 ~ Single family-Suburban Andover GIS
/ N Subject Property ~ R-4 ~ Single family-Urban . Anoka County GIS
f\.I Street Center Lines .,::. M-1 _ Multiple Dwelling Low DensIty
= M-2 - Mulli~. Owel\,"g
o S50' Mailing Boundary LB. LImited Business . .
,'" NB- Nelghbortlood Business Site Location 1 inch" 990 feet RF-l:ll,883
~ SC - Shopping Center . _.0.' ,-",",. .,. ~, Map Date: January 12,2000
~ GB. Gen~ral BUSIness
E5 I. Industrlal
_ _~ GR - General Recreation
-.... -
CITY of ANDOVER
'685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (6'2) 755-5100
, '
. ' .
..COMPREHENSIVE PLAN AMENDMENT REQuESTFORM:~:. ~:,:~,:~<" ~:.: ,:-':,'
"',- :'.;' .' :. >", " ',' . ::'. " :.: '.'. ' , '" :':. ,::>..:, ':..~.. i:.:'>.... ,; ,': ":>~: ". (~:" .' "~ .' <:.~::' ~.;~.~~~~~: ~;f ~:~~',;?,;:~ ';~N;::(1-'/./;': :.;t.::t,
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", . . . , . p" "," ,.', ..... .
Legal Description of Property: (Filliri whichever is' appropriate)..,. "";... -:" ','
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Lot ,Block -' ' . Addition'. ,,' . '.' ,,',;: ' ..
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(If metes and bounds, attach the complete lega~ description). ".: : ",~ :.',' ,.' ," ,
, '
, '
." :
Is the property Abstractor Torrens:, (To verify this ,call the Anoka County Office at , _
(612) 323-5400 with the property PIN number)
Abstract X Torrens
, Reason for Request ChaffJP Com(Jt1'3hel/s,ue. Plofl LaM use () /Sf/'/Cf-
I '
{tom ((/VII l2es l'Jy,'M'cl ( Med,ufVl CeI1S/f""o {(LAI Re,t'dellf,'cd
()(b{)fI st't'fj(e. FafV1/{Y Pel' elf." CO(,A/lC,Y c1/leof.(on.
I I
! Current Land Use District R M Current Zoning j1.t1,~~.
Requested Land Use District Y u
Name of Applicant r= I\~'( of. Andover
Address {6C{5 CfcJ5.S-+Ol.vYl t3lud Allv' AflrlOLer. /11/1/ 55304
Home Phone 7~~5-oI00 B~ess Phone - Fax 7 b 6-~d3
Sign""" ~4,.Y'-"V-- D'" ~12., ~u'oo
PIN 153224440001.0 PIN 153224430004.0 PIN 233224220052.0
APEL MAYNARD D & ELEANOR M PUTNAM JERRY & GLORIA CAMBRIDGE CAPITAL INC
OR CURRENT RESIDENT OR CURRENT RESIDENT 941lllLLWIND DR NE #301
'1 157THLN 1869 157TH LN FRIDLEY, MN 55432
r '10VER, MN 55304 ANDOVER, MN 55304
PIN 153224340006.0 PIN 153224430003.0 PIN 223224240011.0
MURPHY CRAIG E & BRENDA L CARDINAL LAWRENCE J & J G OLSON ESTHER W
1965 107TH LN NW OR CURRENT RESIDENT OR CURRENT RESIDENT
COON RAPIDS, MN 55433 15785 NIGHTINGALE ST 15450 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340008.0 PIN 223224210006.0 PIN 223224210004.0
:MITCHELL RUSSELL & PAMELA GOETZ :MICHAEL J & KIM M SATHER GARYM & JOAN E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2032157THLN 15629 OSAGE ST 15532 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224430008.0 PIN 223224210007.0 PIN 223224110002.0
BLOOMSTROM SHELLEY JEAN MEAGHER ERIN J & DELANA S CHESTERTON PARTNERSHIP
OR CURRENT RESIDENT OR CURRENT RESIDENT 3640 152ND LN
15711 NIGHTINGALE ST 15651 OSAGE ST ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
SCOTT OLMSTEAD HOMES GOR-EM, LLC STEVE KELLEY
10734 HANSON BLVD NW REMAX
COON RAPIDS, MN 55433 10732 HANSON BLVD NW 3351 ROUND LAKE BLVD
COON RAPIDS, MN 55433 ANOKA, MN 55303
RESIDENT RESIDENT RESIDENT
15486 MARTIN ST NW 15496 MARTIN STNW 1957 155TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
RESIDENT JERRY SAARENPAA
15476 EAGLE STNW 40826 COUNTY RD 311
ANDOVER, MN 55304 DEER RIVER, MN 56636
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. Y. David L. Carlberg
Community Development Director
Sketch Plan - Nature's Run
Section 27
D.H. Land Company
The City Council is requested to review and comment on the sketch plan of Nature's Run
located in Section 27 as being proposed by D.H. Land Company. The sketch plan consists of 44
townhome/twinhome units and one commercial lot.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the sketch plan on May 23, 2000. The
\ Commission as well as residents were concerned with traffic in general and the appropriateness
/ ofthe convenience store. The amount of asphalt around or adjacent to the Enzmann Property
was also a concern. Attached is the staff report presented to the Commission for background
information. Also attached is the minutes from the meeting.
Park and Recreation Commission Review
The Park and Recreation Commission reviewed the sketch plan at their June 1,2000 meeting.
The Commission is recommending a combination of the acceptance ofland and cash in lieu of
land. The land will consist of a strip of park along the north side of Coon Creek, fifty feet (50')
from the centerline of the creek. Also, some land will be required to be dedicated on the south
side of the creek on the west end of the development for the trail crossing of the creek.
The Commission is recommending that no trail be constructed along Andover Boulevard NW
west of Hanson Boulevard NW.
/
CITY OF ANDOVER
REQUEST F.oR PLANNING COMMISSION AH!1~
May 2 ,
DATE
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
6. Public Hearinl!: - Sketch Plan Community Development AGENDA
Nature's Run David L. Carlberg
D. H. Land Company Community Development Director
BY: BY:
Request
The Planning and Zoning Commission is requested to review, comment and hold a public
hearing on the proposed sketch plan of Nature's Run as being proposed by D. H. Land
Company on the property located in Section 27 as shown on the attached location map.
General Comments
* The proposed sketch plan is located in an R-I, Single Family Rural and R-4, Single
Family Urban Zoning District. Rezoning to M-2, Multiple Dwelling will be necessary.
\ The property will most likely develop as a Planned Unit Development. A Special Use
/ '
Permit will need to be granted to allow the development as a PUD.
* A Comprehensive Plan Amendment will be needed for the site to change the land use
designation from RR, Residential Rural Single Family and RD, Residential Urban Single
Family to RM, Residential Medium Density.
* The proposed development consists of forty-four (44) townhome units. A commercial
node is proposed onthe corner of Hanson Boulevard NW and Andover Boulevard NW
which may require additional amending ofthe comprehensive plan and rezoning.
Representatives ofD.H. Land Company have indicated that the commercial piece will be
separated from this project.
* The property is 'currently located in the Metropolitan Urban Service Area (MUSA). The
property will be required to be developed in accordance with the Andover Development
Policy Guideline.
* All lots shall be required to meet the provisions of Ordinance No. 10, Section 9.06a(1)
which relates to lot size and buildability requirements.
\
/ * The Water Resource Management Plan shall be implemented with the development.
Page Two
Sketch Plan - Nature's Run
D. H. Land Company
Planning and Zoning Commission Meeting
May 23, 2000
* The 100 year pond elevation shall be identified on the preliminary plat. In addition
drainage and utility easements are required for the 100 year flood elevations. Flood fringe
and floodway boundaries shall be indicated on preliminary plat.
* The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Waterhsed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site).
* There are wetlands within the proposed development that must be delineated by agencies
, and indicated on the preliminary plat. The Local Government Unit is the Coon Creek
/ Watershed District (CCWD). The developer shall contact the CCWD to discuss the 1991
Wetland Conservation Act that is in effect.
* The developer is required to meet the following City Ordinances and all other applicable
ordinances:
Ordinance No.8, Zoning Ordinance
Ordinance No. 10, Platting and Subdividing Ordinance
Ordinance No. 107, Flood Plain Ordinance
Ordinance No. 112, Planned Unit Developments
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Park and Recreation Commission Comments
The Commission will be reviewing the sketch plan at their June 1,2000 meeting. The
Commission will be discussing and making a recommendation on the park dedication
requirements per Ordinance No.1 0, Section 9.07.
Page Three
Sketch Plan - Nature's Run
D.H. Land Company
Planning and Zoning Commission Meeting
May 23, 2000
Andover Review Committee (ARC) Comments
The Andover Review Committee (ARC) met on Thursday, May 11,2000 to discuss the
sketch plan. Comments from the meeting are as follows:
* The length of the cul-de-sac exceeds the maximum 500' requirement as specified in
Ordinance No. 10, Section 9.03G.
* Private drive should be removed and a street extension examined. If the drive is to
remain the Arc recommends the driveway be widened to twenty-six (26') feet.
\
/ * Existing residential structure is planned to be removed.
* The wetlands and flood plain need to be identified on the sketch plan which is considered
significant features as provided in Ordinance No. 10, Section 6.03B.
* Trails and walkways need to be discussed. A trail along the north side of Coon Creek is
planned as a part of the Andover Comprehensive Trail Plan. Trails are also planned along
Hanson Boulevard NW and Andover Boulevard NW. A trail connecting the cul-de-sac to
the trail at Coon Creek should be discussed. Internal sidewalks should also be considered.
* Additional right-of-way along the south side of Andover Boulevard NW will be
necessary to accommodate left, through and right turn lanes, utilities and the potential
bikeway/walkway trail.
* Additional right-of-way (80' width) will be needed on the street exiting to Andover
Blvd. to accommodate turn lanes.
* The ARC recommends the Commission require the developer to sketch the adjacent
parcels to the west as provided in Ordinance No. 10, Section 6.02. The developer is
_~ encouraged to talk with the adjacent property owners to coordinate the future development
of this area if desired.
Page Four
Sketch Plan - Nature's Run
D. H. Land Company
Planning and Zoning Commission Meeting
May 23,2000
* Setbacks need to be discussed as a part of the PUD.
* The commercial components of the plan will need to be processed as separate
commercial site plan applications. This will include lot sizes, setbacks, parking
requirements, etc.
* The Anoka County Highway Department review is pending.
* TKDA comments pending.
It should be noted that some of the above listed items will need to be addressed as a part of
the sketch plan review and some ofthe items will need to be addressed as a part of the
preliminary plat application and review. The ARC is listing these items at this time for
discussion purposes.
The Planning and Zoning Commission should remember that this item has not been studied
by staff in detail as most of the detail will be reviewed as a part of the preliminary plat.
/ @ City of Sketch Plan Natures Run
-
Andover
,
, /
LEGEND
o 350' Mailing Boundary
l1li Properties Notified
N Subject Property N Sources:
fA. Andover Planning
Andover GIS
Anoka County GIS
Site Location
Regular Andover Planning and Zoning Commission Meeting
/ Minutes - May 23, 2000
Page 3
5) That a drainage and utility easement be prepared., by the applicant and be accepted. by
the city over the sewer service line on the northern split parcel
Chair Squires stated that both items would be considered. at the June 6, 2000 City Council
meeting,
PRESENTATION: SKETCH PLAN-NATURE'S RUN- 44 TWIN HOME UNITS -1650
ANDOVER BLVD. -PRESENTATION BY DH LAND COMPANY.
Steve Johnston, of Landfonn Engineering Company, representing DH Land Company,
presented the Nature's Run sketch plan. He stated the location as being off Andover Blvd. and
Hanson Blvd. He explained that they are proposing 44 twinhome units in addition to a
commercial lot located on the comer of the site. They also are proposing a trail to run
throughout the development. He stated. that there are 4 separate units that would have a private
drive and therefore would be narrower than the nonnal street width.
Mr. Johnston stated that the twinhomes being proposed are similar in appearance, but do vary
" in the layouts from unit to unit. They are proposing a more typical twinhome setback, which
J would give enough room to park a car on the driveway, and also help to preserve the wetlands
surrounding the area. It was mentioned that the development would consist of a Homeowner's
Association where the property owners would pay monthly dues to pay for the plowing,
shoveling, landscaping, and any exterior maintenance. He explained that they view the
association as an advantage to the development since it will help to keep the area as an
attractive neighborhood.
Commissioner Kirchoff questioned the location of the wetlands and if the trail is proposed to
run through the wetlands.
Mr. Johnston stated that the City is planning to put a trail in and therefore he doesn't have the
specifics.
Commissioner Hedin questioned the depth of the backyards. Mr. Johnston explained that it
, would be approximately 35 feet.
Commissioner Falk questioned what they are projecting for the price of the homes. Mr.
Johnston stated that the homes will stmi at $199,000.
Commissioner Kirchoff questioned if the road through the development would be private or
public. Mr. J ohnstan explained that all roads would be public except for the private drive on
J the northwest side.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 4
Commissioner Falk questioned the length of the road where the cul-de-sac is located. Mr.
Johnson stated the length of the road and explained that it is measured from the road to the cul-
de-sac.
PUBLIC HEARING: SKETCH PLAN -NATURE'S RUN - 44 TWIN HOME UNITS -1650
ANDOVER BLVD. -DH LAND COMPANY.
Community Development Director Dave Carlberg presented the staff report on the Nature's Run
sketch plan. He mentioned that the land is currently located in a R-l, Single Family Rural
Zoning District with a small part zoned R-4, Single Family Urban, however rezoning to M-l or
M-2 may be necessary for the remaining property will probably be necessary. He mentioned that
the property would most likely develop as a Planned Unit Development, and if so a Special Use
Permit will be required. He explained a Comprehensive Plan Amendment will be needed for the
site to change the land use designation from RU, Residential Urban Single Family and OS, Open
Space. Additional changes may be needed for the future commercial uses.
Mr. Carlberg stated that a commercial node is proposed on the comer of Hanson Blvd. and
Andover Blvd. He mentioned that the property is currently located in the Metropolitan Urban
Seryice Area (MUSA), and will be required to be developed in accordance with the Andover
J Development Policy Guideline. It was also mentioned that all applicable ordinances will be
required to be met prior to approval of the plan. He stated that the Water Resource Management
Plan shall be implemented with the development.
Mr. Carlberg explained that the 1 OO-year pond elevation shall be identified on the preliminary
plat, in addition drainage and utility easements are required for the 100-year flood elevations. He
mentioned that the developer and/or owner will be required to obtain all necessary permits. He
stated there are wetlands within the proposed development that must be delineated by agencies
and indicated on the preliminary plat.
Mr. Carlberg stated that the Andover Review Committee met and did have comments regarding
the sketch plan. He reviewed those comments as listed in the staff report.
Commissioner Dalien questioned how many units were in the Hanson Hollow project. Mr.
Carlberg stated 35 townhome units and 3 single family home sites were proposed.
Chair Squires questioned ifthere are less units overall on this project as compared to the Hanson
Hollow Sketch. Mr. Carlberg stated that there is more, but there also was additional land with
th~er project.
~
Commissioner Kirchoff questioned if the recommendation is to widen the driveway to 26 feet.
Mr. Carlberg agreed, stating the proposed width is 20 feet.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 5
Chair Squires questioned the connector street off Hanson Blvd. over to Crosstown. Mr.
Carlberg explained that there is a connection project already being considered, however at this
time he was unsure of the exact location. The Andover Review Committee recommends
additional right-of-way b taken for future road needs.
Chair Squires questioned if it is being taken into consideration that Andover Blvd. will be
changing in the future. Mr. Carlberg stated that they are planning around the future changes to
Andover Blvd.
Mr. Carlberg explained that within the next couple of years signal lights may be installed on
Andover Blvd., however it will not take place prior to the development. He stated that he
would look into what the projected dates are for completion.
Commissioner Falk questioned if the roads are big enough for turning lanes off Hanson Blvd.
and Andover Blvd. Mr. Carlberg stated that they are planning to take necessary right-of-way to
accommodate future reconstruction needs.
Chair Squires questioned if it is staff's recommendation to require trails along Hanson Blvd.
/ and Andover Blvd. Mr. Carlberg stated that staff does recommend trails be developed,
however that issue will go before the Park and Recreation Commission at their next meeting.
Commissioner Kirchoff questioned if the trials will be public trails. Mr. Carlberg stated thatthe
trails would indeed be public trails.
Motion by FaIk, seconded by Hedin, to open the public hearing at 7:37 p.m. Motion carried on
a 6-ayes, O-nay, I-absent vote,
Thomas Enzmann, 1718 Andover Blvd. NW, requested to read a letter written by his wife
Connie in response to the Nature's Run sketch plan. The letter stated that a neighborhood
petition was submitted to the Andover City Council in March addressing traffic on Andover
Blvd. Some of the concerns are traffic, wetland impact, in addition to other new developments
as a result of the new high school. It was mentioned that no solutions to the future conflicts
have been addressed other than the traffic light at the intersection of Crosstown and Andover
Blvd. Also, the figures for the estimated traffic levels off Hanson Blvd. and Andover Blvd.
were mentioned in hopes to convince the commission that the traffic is already extremely heavy
and the with another new development the traffic will only become worse. She also ex:.pressed
concerns with the development having a long cul-de-sac, since it will pose a safety hazard for
emergency vehicles. It was mentioned that since there are already convenience stores vvithin a
short distance of the development, then another one on the comer of Hanson and Andover
would not benefit the area but cause more traffic problems as a result. A copy of the letter was
then submitted to the commission for review.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 6
David Overbaugh, 1826 Andover Blvd., stated concerns with the location of the sewer and trail
since it invades his property.
Mr. Carlberg stated that the trail would not necessarily follow the sewer road.
David Bower, 1736 Andover Blvd., mentioned concerns with the private drive, since it could
cause problems with neighboring property owners. He also requested more information
regarding how the development of the wetland was determined. He stated that he feels the
development will not benefit the area and instead only cause a substantial increase in traffic,
Carol Christopherson, 1703 Andover Blvd., stated that there is an extreme amount of traffic
already and creating this new development will only add to the problem. She stated that based
on the information she was given at a special City Council meeting there is no stoplight in
progress for the intersection of Hanson Blvd. and Andover Blvd. until the year 2005. She also
expressed concerns as to why she was not notified that Andover Blvd. would be widened since
she has property that will be affected.
Michael Hollister, 1816 Andover Blvd., stated that the traffic starts as early as 4 a.m. and is
already extremely heavy; therefore he stated that he doesn't understand the purpose of the
development since it will only add to the already existing traffic problem.
Kent , 1980 l54th Lane, stated that the traffic is backed up on Hanson Blvd. on a
daily basis. He mentioned that something needs to be done to accommodate the increasing
traftlc levels, however another development and gas station will not solve the existing problem,
only increase the problem. He mentioned that he used to be part of a Homeowner's Association
and remembers that collecting the money is often times a problem and as a result it would be
hard to maintain the property. Another concern he had was that adding another development
isn't necessary since there are already new developments going up around the City.
Davin Gisslen, 1836 Andover Blvd., stated that the reason he moved out to Andover in the first
place was to avoid the traffic, however with all !he new developments and the new high school
the traffic will only become worse. He suggested waiting until the high school is completed to
determine the amount of traffic that will generate prior to making a decision on another
. development.
Thomas Enzmann, 1718 Andover Blvd., stated that he was once told that no development could
be located in this area since it was zoned as open space. He mentioned that when the
development to the north was created it resulted in Ibis Street running in front of his property
out on to Andover Blvd. He stated that he had a conversation with a developer recently that'
has supposedly talked to area property owners about lots for sale; however he never contacted
them. He stated concems with a development being under a high line and adjacent to a landfill.
Finally, he had concerns with the cul-de-sac being as long as proposed since his property will
directly be affected since it is to the east of his property.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 7
Phil Streeter, 14315 , stated concerns with the increase in traffic the development will
bring to the area. He mentioned that something would need to change with the road in order to
accommodate the traffic levels of today. He also stated that he doesn't feel the development is
necessary since the traffic is already a problem in the area.
Mark , 1418 Crane Street, stated that he only uses Andover Blvd. as way to get from
point A to point B, however he stated he is opposed to the development and doesn't feel it
reflects the City well.
Julie Johnson, 1427 l43rd Lane, stated that she doesn't feel the development is necessary since
it will only add to the already existing traffic problem.
Jeff Johnston, 14540 Ibis Street, questioned if the developer is proposing townhomes or
twinhomes. He mentioned that he opposes the ideas since this is the only area around his
neighborhood where there is nature and wetlands to be found. He also stated that if the
development is approved the traffic problems will only become worse.
Carroll Abbott, 2917 142nd Lane, stated that he is not here to comment on the project, but
instead to congratulate all the young people for expressing their opinions to the commission.
Mr. Johnston gave explanations to some of the concans the public had mentioned. In reality
single family homes create 10 trips per day in and out of the development, and townhomes
create only 6 trips per day. He explained that in the end it ends up being about the same when
taking into consideration the increase in density. He agreed the gas station would definitely
increase the traffic, however he explained that there are not a lot of options since no one would
want to live on the comer. He stated that the location is a prime spot for a commercial
business.
Mr. Johnston explained that the trail down by the creek is only going to be there if that is what
the City so desires. He mentioned that they are not filling the wetlands, but instead creating
more wetlands into their back yards. It was explained that the property owner who sold the "
land stated that he had offered to sell the land in strips do-wn to the creek, however no one was
interested so as a result he sold the land to be developed as one unit. He mentioned that the
individuals who live directly off Andover Blvd. have valid issues and concerns, however those
that have moved into the area within the last 5 years to newer developments really shouldn't be
opposing the idea since their own development was in this situation a few years ago. He also
reviewed how the association dues would be handled, in order to control the appearanc e of the
twinhomes.
Mr. Johnston explained that those who live in townhomes are either just starting out or are
possibly older and do not want the responsibility of a lawn and exterior maintenance, therefore
it isn't fair to say that townhomes are not welcome to the area. He stated that the land is within
Regular AndoveI' Planning and Zoning Commission Meeting
I Minutes - May 23,2000
Page 8
the MUSA and therefore allows us to develop land without using a lot of land. Finally, he
stated that he doesn't mow if there is a difference between townhomes or twinhomes
technically speaking.
Andy , 14753 Jay Street, questioned if the association can be voted out by the
property owners. Mr. Johnston stated that with a 2/3 vote the property owners could vote the
association out.
:Mr. (Andy) stated that if the association were voted out then how would the
exterior maintenance of the twinhomes be controlled. Mr, Johnston stated that if that were to
happen it take the development back to a single family home situation, however he mentioned
that he doesn't see that happening.
A member from the audience suggested waiting until the high school is built to detennine if a
gas station and/or twinhome development would be an asset to the community based on the
traffic the amount of traffic the school will generate.
" Mr. Enzmann, questioned the developer as to why he has not been out to the neighborhoods to
) receive input from the residents since they are the people most affected. He mentioned that at a
recent special City Council meeting he had heard that they do not feel the land surrounding the
school is made for commercial use.
JOhl1 Calsie, 1748 Andover Blvd., stated that he recently built a house on Andover Blvd., and is
concerned about the traffic levels since it will affect the value of his property.
A member from the audience stated that the Hanson Hollow development is less dense in
compm1son to Nature's Run. They questioned the reason for the increase in density.
A member from the audience stated that the wetland area was never up for sale and therefore
they were never given the opportunity to purchase the land from the original property' owner.
A member from the audience stated he was not against townhomes necessarily, but stated that
there are too many on too little land. He also mentioned that he doesn't like the access olito
Andover Blvd. He suggested single family homes as a better option, or maybe even the city
could buy it and condemn the land as a wetland,
There was no other public input.
Motion by Squires, seconded by Falk, to close the public hearing at 8:25 p.m. Motion eanied
/ on a 6-ayes, O-nay, I-absent vote.
Commissioner Apel suggested running the cul-de-sac out onto Hanson Blvd., which would
result in another access.
Regular Andover Planning and Zoning Commission Meeting
/ Minutes - May 23, 2000
Page 9
Commissioner Hedin questioned the logic behind the access point being on the commercial end
and not on the other end.
Commissioner Hedin stated that the long cul-de-sac concerns him and therefore feels the access
point be on the opposite end of the commercial site.
Mr. Carlberg stated that on a longer cul-de-sac there could be a knockdown or a break-away to
allow emergency vehicles to get through the development.
Mr. Carlberg stated that if there are not two street access points, than that is the other option for
the emergency vehicles. He asked for comments or suggestions from the commission
reminding them that the sketch plan is conceptual, and now is the time to give the developer
direction.
Commissioner Hedin stated concerns about the length of the cul-de-sac.
Commissioner Dalien questioned ifthere are safety issues that the commission needs to be
concerned about in terms of plowing, etc. Mr. Carlberg stated that most streets within the city
are public.
Chair Squires stated that he doesn't believe that there are any other options than a long cul-de-
sac. He gave reasons to support his opinion.
Commissioner Kirchoff agreed with Chair Squires in that a long cul-de-sac is the best option
under the situation.
Commissiorier Falk stated that he also agreed with Chair Squires, but had concerns with the
safety issues.
Commissioner Hedin stated concems with the long cul-de-sac in the winter, since it isn't
uncommon to get 6 inches or more in one snowstorm.
Commissioner Apel stated that the commercial (gas station) business is not necessary and if
eliminated would solve some of the traffic concems of area residents.
Commissioner Dalien agreed that a gas station is not necessary and would create too m.uch
traffic congestion for the area.
I Chair Squires questioned how a convenience store fits into the zoning requirements of the City.
Mr. Carlberg stated that it is pel1nitted in the NB, Neighborhood Business Zoning District. .
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 10
Chair Squires stated that if we approve the proposal with the current zonfug they would still be
able'develop a convenience store. Mr. Carlberg stated that it would be allowed, however a
special use permit would be needed for bulk storage of liquid fuels for the gas.
Commissioner Apel suggested, developing a PUD since the City has more control regarding the
amount of traffic in and out of the development.
Commissioner Hedin questioned that if a PUD is developed, then would the density of the
commercial site be separate from the density 'of homes.
Mr. Carlberg stated that the City would probably keep them separate since the association
would not want to maintain a convenience store.
Commissioner Falk stated that he would support the development of a PUD.
Chair Squires stated that the developer was COITect in thinking that a business would be
appropriate since no one would want to live in that location. He mentioned that he supports the
development of a PUD since it would direct a less intense commercial use on the comer of the
site.
Commissioner Kirchoff suggested making the area into a high-density area such as an
apartment complex instead of a business.
Commissioner Dalien mentioned that it would be nice if the developers could meet with the
residents in the area, Chair Squires explained that the resident meetings typically follow the
sketch plan, which would explain why people in the audience stated that they had never seen
the developers except for tonight.
Chair Squires stated that we are all part of the problem due to the traffic congestion, and since
everyone has moved up here to get away from the traffic it has only increased the problem. He
mentioned that the City will need to address the problem, however the problem does have to
become worse before the problem can be solved. He supported the developer in ills attempt to
convince the public that in reality a single family development creates the same amount .of
traffic or more as a twinhome development. He explained that his family alone makes at least
IO trips per day in and out of the development since they have children who are involved in
numerous activities, and someone in a twinhome may not necessarily have children. He
stressed that it is important that the City use this development as a way and a reason to install a
stop light at the intersection of Hanson and Andover.
/ Commissioner Dalien mentioned that once the high school is built there will be additional pain
with. another increase in traffic and congestion and as a result those issues will need to be
addressed at that time.
Regular Andover Planning and Zoning Commission Meeting
Minutes- May 23, 2000
Page 11
Mr. Carlberg stated that there is going to be a traffic analysis done in conjunction with the high
school to predict where the congestion areas wiIllie to help in addressing those issues prior to
the school being built.
Commissioner Kirchoff stated that he also supported the numbers given by the developer when
comparing the number of trips in and out of a single family development versus a twinhome
development.
Commissioner Dalien and Commissioner Apel also agreed with Chair Squires.
Mr. Carlberg stated that the trail concerns are more for the Park and Recreation Commission
and they will be addressed at their next meeting.
Chair Squires questioned if staff could comment on wbat the land was to be used for in
response to a question from a member in the audience.
Mr. Carlberg stated that the land was originally designated as open space, however it is not
unusual for plans to change. The plans have been amended. The 1991 plan showed the land as
open space and two years ago it was changed to the current classification.
Mr. Carlberg questioned if the commission supports the private drive and if the developer
should work with the property ovmers to the west for the future development of neighboring
properties.
Commissioner Apel stated that there is no way you can predict how the land next door is going
to be developed.
Commissioner Falk stated that it is a good idea to work with adjacent properties to prevent
future problems.
Commissioner Kirchoff stated that it is also a good idea to line up the streets with adjacent
,properties.
Chair Squires stated that it is a good idea since it helps to c'ommunicate and prevent future
problems.
~ommissioner Ape1 stated that more information is needed to determine ifhe would support the
private dlive. He stated that if it enhances the development than he would support the proposal.
Commissioner Falk questioned ifthere was plenty of room for the private d1ive to be 26 feet
wide. Mr. Johnston stated that they are proposing the Plivate drive to be 20 feet wide, however
there is room for the drive to be 26 feet wide if the City so desires.
Regular Andover Planning and Zoning Commission Meeting
/ Minutes - May 23, 2000
Page 12
Commissioner Hedin questioned if there are setbacks.
Commissioner Dalien mentioned that some of the surrounding neighborhoods had concerns that
all they see is asphalt. He questioned if there isn't a way to screen it to accommodate
surrounding property owners.
Commissioner Dalien questioned if it is possible to not have as many units in such a small area.
Chair Squires agreed with Commissioner Apel and stated that more information would be
helpful in making a decision.
Mr. Carlberg explained what will happen next when proceeding with the sketch plan.
RECESS
Chair Squires called a recess at 9:00 p.m.
Chair Squires reconvened the meeting at 9:08 p.m.
PRESENTATION: SKETCH PLAN - GOLD NUGGET DEVELOPMENT - 79 SINGLE
FAMILY URBAN LOTS, +/- 40 TOWNHOME UNITS'- SE % SECTION 14-
PRESENTATION BY GOLD NUGGET DEVELOPMENT.
Horst Graser, representing Gold Nugget Development, presented the sketch plan located south
of l6lst Avenue and NE of the Chesterton Commons Third Addition. He explained that the
plan consists of79 single family urban residential lots and 36 townhomes on approximately 72
acres. He gave a description of the layout of the plan highlighting the location of the wetland
areas, access points, single family homes, and townhomes. He mentioned that the railroad
tracks are definitely an impact to the development since they are just to the east of the site.
Mr. Graser stated that they are proposing 36 townhomes along the eastern boundary fuat will
. start at approximately $150,000. He mentioned that the cul-de-sac does exceed the maximum
length, however there are not any other options due to the wetlands and the railroad tracks
surrounding the area. It was mentioned that the anticipated market value of the single family
homes would be anywhere from $200,000 to $250,000.
Commissioner Falk questioned if the area would be likely to flood since tile land is so flat. Mr.
Graser agreed that the land is considerably flat, however mentioned they are proposing to lime
the area to prevent flooding.
Commissioner Kirchoff questioned the location of the two access points connecting to the
Woodland Development. Mr. Graser pointed out the two access points, mentioning thai: one
would be able to eliminate the one cul-de-sac.
~~fI1jlkt/ Iz ?.fz.
o "- jVl~ 013... ~D
Mr. Chair and Commission Members:
My name is Connie Enzmann at 1718 Andover Blvd NW. Resident for 16
years. First I'd like to thank the office personnel of the city, county transportation,
Coon Creek Watershed, and Planning & Zoning for taking the time to answer my
questions, provide information on the issues, give me an overview of protocol,
jurisdiction issues and how the city government system works. I'm very appreciative.
The residents of Andover Blvd. NW between Hanson and Crosstown are opposed
to this sketch plan for the following reasons:
A neighborhood petition was submitted to the Andover City Council March of this
year addressing several issues of concern such as traffic, wetland impact, including
any new proposed developments in our neighborhood as a result of the new high
school and other sketch plans submitted by Mr. Hupp.
Most of these concerns have not been resolved by the City of Andover.
The city has not determined the impact of traffic on Andover Blvd NW as a result of
the new high school. No improvements are currently listed with the exception ofa
traffic light at the intersection of Crosstown and Andover Blvd. As we understand
Andover Blvd. will be the main access to the high school.
All resident driveways empty on to Andover Blvd. NW as well as Killdeer and Ibis
St. (Woodland development). Ibis is directly in front of my house.
During a meeting ( in March) with the county and Andover City Council this info was
given out (refer to intersection of Andover and Crosstown.: 6,222 cars per day on
Crosstown going south of Andover Blvd NW. 4,322 cars per day on Crosstown
going north of Andover Blvd. NW. Speaking with the County on May 15,2000
estimates of traffic, now on Hanson going south of Andover Blvd NW is 13,108
cars per day. On Hanson going north of Andover Blvd NW is 10,000 cars per
day. 1997 count between Crosstown and west of Hanson ( on Andover Blvd)
is 4,327 cars per day. Hanson has almost reached capacity. No current plans to
widen Hanson to date that we are aware of. These counts DO NOT INCLUDE any
additional impact that the new school will have on these roads. Now we're reviewing a
sketch plan with a development that will also empty on to Andover Blvd NW between
Hanson and Crosstown. Keep in mind a proposed road on this sketch plan will need to
be buiIt~ throligfr-my-neighbeffi.eod.
This road will be between my neighbors property and Mr. Hupp's property. My
neighbors house is not shown on this sketch plan. A town home is shown instead.
This proposed road will be the ONLY access in and the ONLY access out for that
development. As chiefWinkell has pointed out in the past (See attached March
minutes of the City Council meeting 3-6-00) the public safety issues related to
only one entrance to a development.
It appears that road will be one long cul-de-sac. I feel this is a huge safety issue
for emergency vehicles. I know in the past the City Council takes a position in
the lengths oflonger than 500-600 ft, as a safety concern. Per the city anything over
500 feet will need a variance.
With units (shown on sketch plan) that will be directly behind my back yard, is a
serious safety issue with my family home and property.
In addition to reviewing the sketch plan there is a convenience store \ gas station
'\ appearing on the corner of Hanson and Andover Blvd. NW, with an access
I
road off Hanson. Which as I understand the County would not recommend.
There is currently a Super America, on the other side of Hanson and also a Spur
station on the corner of Hanson and Bunker. Does the city need another? The
school board members actually recommend that commercial developments
not be in the vicinity of the new high school.
(Meeting of May 17, 2000 with school board members and Andover
City Council Members).
It's Hazardous at BEST now, trying to enter SA south on Hanson and going
north on Hanson to enter the Spur station. I believe this qualifies as serious
traffic congestion area if another convenience store \ gas station is built. As I stated
earlier the City doesn't know the impact of traffic with the new high school being
built. Addressing the litter and noise is another issue in itself. Perfect place for
students to frequent on the way to and from school. Also over lunch periods.
I also would like to mention the water issues and wetland impact in our neighbor-
hood, which I understand would be addressed in a future meeting, but I believe
this ties into the issues which determine health, safety, and general welfare of our
community. (prior to this sketch plan) As I stated earlier, our neighborhood
petition addresses the water and drainage issues that have not been resolved by
the City. The consequences of more homes could be devastating not only to our
homes but also to the wetlands. (Some of the units would be built on). Storm
sewer drains are also a known issue on Hanson and Andover. (March 6th
minutes of the City Council Meeting)
/ Would property values increase or decrease? What are the costs of the units?
Would there be an Association? Can the developer convince our City this sketch
plan is not detrimental to our community? .I think not.
The QUESTION IS: CAN TillS SKETCH PLAN FIT TillS CRITERIA" WILL
NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, MORALS, OR
GENERAL WELFARE OF THE COJ\1MUNITY, NOR WILL CAUSE SERIOUS
TRAFFIC CONGESTION NOR HAZARDS, NOR WILL SERIOUSLY
DEPRECIATE SURROUNDING PROPERTY VALUES, AND THAT SAID USE
IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THIS
ORDINANCE AND THE COMPREHENSIVE PLAN?
I understand this Ordinance #8, Section 5.03 (B) is used as criteria for reviewing
J
Plats and Sketch plans.
Thank: you for allowing me to address this Commission.
/
WE, THE RE~DENTS OF ANDOVER BL YD., PETITION THE CITY OF
./ ANDOVER T ANSWER EACH OF THE FOLLOWING iSSUES
BEFORE THE NEXT REGULAR CiTY COUNCIL MEETING ON 3121:
[n relation to the area of Andover Blvd. N.W. between Hanson Blvd. and
Cross-town Blvd.
I. What is the proposed width of Andover Blvd going to be in order to handle the
increased traffic load?
2. What side of the road is a sidewalk going to be installed or are they to be installed on
both sides?
3. The speed limit of 40MPH is too high now, what is the new speed limit going to be?
4. What does the city propose for street lighting?
5. How much of and outage will the removal of the overhead utilities cause?
6. In which direction will widening or the boulevard take? North? South?
7. What will be done to compensate the owners from whom the property will be taken?
8, What are the traffic counts as they exist?
q. What are the projections for the traffic increase after the school is built?
HlAfP ~ 10. How do proposed developments affect the projected traffic increases?
11. Who will pay for the improvements for this section of road? The neighborhood or the
\ people that have had the traffic diverted away from their neighborhoods?
J 12. From what part of the city will the students come from to attend the new Ingh
S<;bool? The new Elementary School?
13. County 18 (Cross-town Blvd.) goes all the way to Highway 65, how is Andover Blvd.
a better choice for a throughway than County 187
14. South Coon Creek Drive is already in existence and is a throughway to County 9,
why do we have to build a new road?
15. 1491b Street is a direct route from Round Lake Blvd. to County 18, this route is on, for
the most part, high ground, and would be a shorter distance. Why is this not a better
choice than an extension of Andover Blvd" which would be built in a flood plain on
the lowest land in the area?
16. Andover Blvd. is a residential street with driveways emptying into it from each bouse
along its length. The 149'" street route is designed to buffer the neighborhood with no
private drives accessing it. Traffic could be moved onto County 18 past the rest of the
commercial district by town hall towards Hanson Blvd. and highway 65. How can
this not be construed as much simpler, faster, and safer route than directing traffic
onto a residential street like Andover Blvd?
Ibi!. q...Killdee..r efYlpi1 6>n !frJd(lI)t'r
L D{.ve1Ofm~nts")
~)..{j.d~ -Sa a. c..rot;,.stoWti t.~~ proposed, it>CCV.II-1ct J
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Rftgll/ur Andov,r City Council Meeting
MJnute,~ - March 6. 2000
Page 4
(Comprehensive Plan Amendments/Various Properties/City of Andover, Continued)
.:=;.:...souncilmembGr Orttel was concerned with approving any density 7,;onil1g changes under the current
ordinance because as written, the City has nO control once the zoning is chanied. Without a.
-contract, the developer can do something other than what is presented to the City which may not be
desirable. The real issue will be getting sewer to those properties. Ifit cannot come through Anoke,
the expense of bringing the Hne to this area may force high density housing to pay for it. That is
something the neighboring residents of Anoka may want to discuss with their officials. Mayor
McKelvey explained to those present some of the density requirements the Metropolitan Council
will be requiring of the City.
Rn~lla ~nnsteQy - stated she didrt't even know anything about these proposed ~7..onings, nor did she
get a letter about them. She had to call City Hall to find out what was beini plannw for her
property, which irrItated her.
Motiolt by Jacobson, Seconded by Knight, the Resolution as presented by Staff denyina the
Amendment to the Comprehcllllive Plan with one ohange: The third WHEREAS, change "approval
of the amendment:" to "denial of the amendment". (Resolution ROS1-00) Motion carricd
unanimously. -.-- ---..
Mr. C.arlberg suggested the COWlcil move to withdraw the Comprehensive Plan Amenclluent for the
1< Hupp property on Andover and Hanson Boulevards. Because it was a City-initiated projtlct., Mr.
Hupp will still be able to request a Comprehensive Plan Amendment when the development comes
in and a public hearing will be held for that plus the rezoning and preliminary plat.
Motion by Orttel, Seconded by Knight, that the Council withdraw the City-initiated request for a
Comprehensive Plan Amendment at the intersection of Hanson and Andover Boulevards.
(Resolution R052..(0) DISCUSSION: 10r Carlberg Council noted that !he drainag~ iSiu~ brought
up at the R~sident Forum would b~ dislt~~.GiU.t tAe public hearing. Couneilmemher Orttcl aaain
suggested the City redraft the. ordinance to provide the control the City needs for any multiple
rezonings. Councilmember Jacobson called the question. VOTE: Carried unanimously. VOTE ON
MOTtON: Carried WlWmously.
< A"" <fuo...... tho """_I.... 00 tho .....,rti" ..... Andover n._ bciw= Huuon ond >
Crosstown Boulevards, Mr. Erickson W11li dm:cted to review the problem. He stated he would send
a letter to the residents and set up an informal meeting with them in the next two weeks to discuss
the problems.
Thoma.'! En7.TT1ann. 1718 Andover Rolllcvard - asked if it was true that Mr. Hupp's sketch plan had "*
been approved by the Council and whether the Staff had recommended approval of the
Comprehensive Plan Amendment subject to approval by the Metropolitan Council. The Council
explained they do not approve sketch plans but only discuss thcm and provide some direction. Mr.
ClU'lbcrg explained Staff made ar~~!1~....c:~9_ati~~f'o~.~~val; ~owever, the Plannioi Commission
recommended no al:tion be taken. The City Council withifrew the request this evening.
,,,... ....... ....... .......-.....~ ..'\ .....,. ..... . tI..................." '-'., I"';"'; WoJc...j I..... 1~..J~I..,J.,.J r- . t:JO"" Lo.J .~
Regular Andover &ty'Councll Meeting
Minutes - March 6\ 12000
Page 5
(Comprehenflve P/pn Amendments/Various Properties/City of Andovef~ Continued)
(w'n.... """", ;, ,. """""', Bo"'"'''' - """" tho", WU' """'sc in tho .to,.. ...., .,.,.,.
by the City's consultIng engineer TKDA with the approval of the City Engineer to !Scrap the Hansen
Boulevard storm sewer system. The result is an overload on the Xeon storm $t"lwer lIYstem, too much
runoff into Lake Andover and drainage problems for areas such as behind the properties along
And-over Boulevard which ~ brought to !he Council's attention tonight. .
SKETCH PLANIWOODLAND CREEK TOWN HOMESlWOODLAND DEvELOPMENT
Byron Westlund, Woodland Development. explained the property was purch!l.'led in 1986 from the
Adolfsons and platted under the PUD ofWoodlnnd Creek. Within the development is a 9.hole golf
course, resldentiallots and a 4.8-acre parcel designated to be Neighborhood Business. Covenants
were placed on all ~sidentiallots, but they neilccted to exempt Block 1, Lot S, thc NB parcel. As
a result. that parcel can only be used for ~sidential purposes. Tn meeting with the residents of
Woodland Creek, the sketch plnn before the Council is it compromise between Woodland
Development and the resldenl.$. Tt is 4.8 acres, in the MUSA, has sewer ll11d Wllter stubbed to it ll11d
has a berm along the north and east property lines. The proposal is to create 19 101$, 18 for town
homes and one for the association common space. The twin homes would be developed and built
by Woodland Development with price5 averaging $150,000 without the lot, $225,000 with the lot.
The twin homes would only have one common wall, attached a.t the garage, square footaie of 1445
. to 1630, porches and decks offered and the availability to finish the lower level. The outside would
be maintenance free material, and the association WQuld take care of all out.~ide maintenance.
Typical clients are ~nticipated to be in their upper 50s looking to move to a maintenance free
residence, many snow bIrds here for the summer and gone in the winter Or working or retired
professionals. A similar development in Ham Lake has been very successful.
Councilmember Orttel noted this is basically iii down zone from commcrciaJ to residential.
Councilnwmber Jacobson did not like the idea of an entrance onto Bunker Lake Boulevard on the
- e!lSt side. He also questioned the 12.foot bituminous area on the ea.~t si . . e suggeSled the berm
on the north side be enhanced to provide a greater barrier. He questioned the need for Internal trails
since one already exists along Bunker Lake Boulevard. Should there be a turn lane olTMarisold into
thIs development'? Will the developtn' need to provide ponding?
Mr. Westlund stated the intent was Lo provide another access VYith knock-down barriers for
emergency vehicles only, not to provide an ingress or egress for residents. The 12-foot street was
also to provide access. Marigold already has two Innes. Mr. Carlberg stated there is a regional trail
along Bunker Lake Boulevard. Staff was asking if there should be something internal to bring the
residents from within the development down to that trail. Mr. ErickSon stated the developer will
have to pond on site. They will have 10 receive approval from the Coon Creek Watershed plus abide
by all ponding criteria. -
,
Regular Andover City, Council Me,' ing
Minutes - March OJ 1000
Page 8
(Preliminar)! Plat!. orth VaIle;,' Ridge/Ed Pields and Sons, Continued)
substantial. The cu tde.sac on Raven is now a tl:\mporary one. He argued the intent when Wittington
Ridge was develop was that the surrounding propertil:\S would also be 21111cres. Then a throui,h
street mad!; sense. ut since the property is being developed into one-acre lots, they are adversely
affected by that an . do not want the safety hazard of all the additional traffic.
I .
Mr. Caine stated t~ey arc not in favor of the proposal, thinking the City would never allow a
("permanent cul-de-!l4c of 1500 to 1600 feet. Making the change as proposed isn't amflior one; but
in all the City has d'bne in the past, the intmt has always been to provide through streets. He did not
believe the change would require goIng bllCk through the platting process.
The Council disCUS$ed the proposal with Mr. Caine and the residents regarding the ramifications of
a permanent Cul-d,,,sac on Raven in Wittinaton Ridge; the Impact on the residents in Niihtingale
Preserve because 0 increase4 traffic; the Concern with only one outlet to Wittington Ridae and the
distance from Nightingale to the back of that plat; that even when Witti11iton Ridge was developed,
the land was in the ftture urban serviCe area, and on speculation of traffic patterns. Chief Winkel
polnteQ out the public safety issues related to only one Qltrance and recommended trying to tie the
roads together rather than retaining cul-de-sacs. With Raven as a throUgh street, there would be a
second access to this development from the north. 11'1 further discussIon, It was pointed out a cul-
/ de-Sllc would not chanie anY,tJllng in Wittington Ridge, that additional easement would be needed
find the cul-d!:-sac tl:lken up and rebuilt to permanent stlll1dards, The question is who wo1.lld pay for
the upgrading of the cul.dc-sac since it is outside of this plat.
Mike Walz. 2176 157th Lane - is president ofthe Nightingale Preserve Association lllld an owner
of the lot at the intersection of 157th Md the proposed Raven street. He has seen a lot of high speed
traffic through there even thO\lgh there is no plat His concern is for the safety of the children. They
were informed of this potential development whcm tney pm-chased their property 1 ~ years ago and
were aware the two cul-de-sllCs would meet. The modified plat as proposed by the residents has their
full approval. He understood the limited access in the new plat will definitely increase traffic on
I 57th. Mayor McKelvey wt1l1ted to krlow what the other residents a1o~ 157th in Nightingale
Preserve felt about thc residents' proposal on the: street alignment.
Mike 7, 156.20 Osaae - Ul'gUed they had originally suggested another street configuration; but in
talking with Mr. Fields, they do not want to Impede his progress. The field's have been wonderful
neighbors, and they do not want to upset them. They like the proposed street because of the safety
iactor. Directing traffic to the comer and the tight curvy road of lS7th is prefemble than hElving a
long straight road. TIns came ahout after many hours of work. They do not feel a revisIon tonight
would require a repIat approval. Councilmember Orttel thought the proposed change in rom!
alignment was a minor issue, but it would be lIetti ng a precedent. I fthe new high school is bui It to
the !louth, there will be a lot of young people trying to find short cuts through neighborhoods; and
that concerns him. With a through street, there could be some problems; and he didn't think the
City wanted to eneoumgc that.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. b, David L. Carlberg
Community Development Director
Sketch Plan
Gold Nugget Development
Section 14
The City Council is requested to review and comment on the sketch plan located in Section 14 as
being proposed by Gold Nugget Development. The sketch plan consists of79 single family
urban lots and 36 townhome units on 72 +/- acres.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the sketch plan on May 23, 2000. The
, Commission generally agreed with the comments of the Andover Review Committee. Resident
I concerns included the close proximity of the townhomes bordering the Hemmelgarn property to
the northeast of the development, preservation of wetlands and the importance of reviewing
street locations to prevent future problems of extending streets. Attached is the staff report
presented to the Commission for background information. Also attached is the minutes from the
meeting.
Park and Recreation Commission Review
The Park and Recreation Commission reviewed the sketch plan at their June 1,2000 meeting.
The Commission is recommending the acceptance of cash in lieu of land.
The Commission also recommends the construction of a trail along 161 st Avenue NW with the
anticipation that the trail will avoid wetlands along this route. Trail easements will be necessary.
The Commission also recommends the north/south street be widened to accommodate a bike
route from 161 st Avenue NW to Crosstown Blvd. NW.
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION A8]~
May , 00
DATE
AGENDA 'lEI;] ORIGINATING DEP~RTMENJ APPROVED FOR
8. u ic Hearinf!: Sketch Plan Commumty Deve opment AGENDA
Gold Nugget Development David L. Carlberg
Section 14 Community Development Director
BY: BY:
Request
The Planning and Zoning Comriiission is requested to review, comment and hold a
public hearing on the sketch plan proposed by Gold Nugget Development located in
Section 14.
General Comments
* The proposed sketch plan consists of79 single family urban residential lots and
, 36 townhomes on 72 +/- acres and will most likely develop as a Planned Unit
/
Development (PUD).
"* The proposed sketch plan is located in an R-l, Single Family Rural Zoning
District. The property will need to be rezoned to R-4, Single Family Urban. In an
R-4 District, the minimum lot size is 11,400 square feet for the single family lots.
Additional rezoning to M-l or M-2 to accommodate the twinhomes. maybe
necessary. The minimum lots sizes for these districts is 5,000 and 6,000 s.f.
respectively.
* The proposed sketch plan is not consistent with the Existing Andover
Comprehensive Plan Land Use Plan as the property is designated as RR,
Residential Rural and is located outside the Metropolitan Urban Service Area
(MUSA). However, the Draft Comprehensive Plan currently before the
Metropolitan Council shows the majority of the sketch plan to be consistent with
the Land Use Plan, RU, Residential Urban Single Family and is located in the
MUSA (2000-2005 time frame). Some additional amending of the plan may be
necessary to allow the twinhomes.
* The property will be required to develop in accordance with the Development
/ Policy Guideline.
I
Page Two
Sketch Plan - Gold Nugget Development
Section 14
Planning and Zoning Commission Meeting
May 23,2000
* All lots shall be required to meet the provisions of Ordinance No. 10, Section
9.06a(1) which relates to buildability requirements. In addition, the front 100 feet
of each lot must be buildable which is a standard the City uses for lots developed
with municipal sewer and water.
* The Water Resource Management Plan shall be implemented with the
development.
* The 1, 10 & 100 year flood elevations shall be identified on the preliminary plat.
In addition drainage and utility easements are required for the 100 year flood
elevations.
* The developer and/or owner is responsible to obtain all necessary permits
(Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon
Creek Watershed District (CCWD), Lower Rum River Management Organization
(LRRWMO), Minnesota Pollution Control Agency, LGU and any other agency
that may have an interest in the site). Initial contact shall be made with the City
Engineering Department regarding this item.
* Wetlands within the proposed development must be delineated and indicated on
the plan. The Local Government Unit (LGU) is both the CCWD and the
LRRWMO as the property is split between the two jurisdictions. These agencies
will need to verify the wetland delineation. The developer shall contact the
CCWD and the LRRWMO to discuss the 1991 Wetland Conservation Act that is
in effect.
* The developer is required to meet the following City Ordinances and all other
applicable ordinances:
Ordinance No.8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdividing Ordinance
Ordinance No. 112, the Planned Unit Development Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Page Three
Sketch Plan - Gold Nugget Development
Section 14
Planning and Zoning Commission Meeting
May 23,2000
Park and Recreation Commission Review
The Commission will be reviewing the sketch plan at their June 1,2000 meeting to
determine park dedication in accordance with Ordinance No. 10, Section 9.07.
Andover Review Committee Comments
The Andover Review Committee (ARC) met on Thursday, May 11,2000 to
discuss the sketch plan. Comments from the meeting are as follows:
* The review committee recommends that the developer sketch adjacent lands (to
/ the north, northeast and south) as provided in Ordinance 10, Section 6.04.
* Wetland delineations need to be verified and approved by the LGD.
* Street alignments need to be coordinated with the Woodland Woods sketch plan
to the west.
* It will be necessary to widen the right-of-way of the street accessing 161st
Avenue NW to accommodate turn lanes.
* Direct access to 161st Avenue NW (County Road 20) is prohibited for lots
having frontage on said road.
* A bikeway/walkway trail is planned along 161st Avenue NW (Co. RD. 20).
Additional trails should be discussed within this plat as well as coordination
with adjacent plats.
* Anoka County Highway Department comments pending.
* Municipal sewer and water extensions to the site will need to be evaluated with
the adjacent properties.
Page Four
Sketch Plan - Gold Nugget Development
Section 14
Planning and Zoning Commission Meeting
May 23, 2000
It should be noted that some of the above listed items will need to be addressed as
a part of the sketch plan review and some of the items will need to be addressed as
a part of the preliminary plat application and review. The ARC is listing these
items at this time for discussion purposes.
The Planning and Zoning Commission should remember that this item has not
been studied by staff in detail as most of the detail will be reviewed as a part of the
preliminary plat.
I
..'
'.'
'.. , CITY OF ANDOVER
........ .C(;)UNTY'OFA1~~-oKA .
. STATE OF MINNESOTA
. . ' ~.
. .
I' "." "
NOTICE OF PuBLic HEARING, .
'C.-. .,
. , ' ,'. ,
. ThePla?ningand'ZoningCo&issiCln oHheCitY ofP.ilciover,vJiill1old. ~ public.
h.. earing.at.'.7:00. p. .m;,9. r asso....o. n. t.hereafter.....as... c..'anbe..l1e'ar...d.',.. on. Tu...e. .s....d. a.y....'. May..2.3. ".':'.'
'.2000~ttheArtdover CitY Hall, 1685 CrosstoWn BolilevardNW,Aridover,' .. .... ." ... .
.1 __.... _",",. . ". 'c' . ".'",' '.,'- . '.'.: .' '--,' ,-" ',. -"'". : ""',. ',: - - ",-,-. ':", . <'.:, ..'" " "
. Miimesota to consider the sketch. plan SubmItted by Gold Nugget Development,
. Inc. COIlsisting of approximately 79 single family uiban residentiaLlots and ., . "
appr~Xim~tely '.36:tO\Ynhome units. located irr..Secti()rrI4,'Townshlp j 2,:Rang'e2+, .
An. o....kiL.. t. o. u.'. nty,M.innesota.' :,.T. h. epr.op.. .eity. . . is I~eIle.r...a.'.l1Y.'Jo.clite.' ils..ou..tho. f. 1.6..15t..' .: :....:....
Avenue)'l"W(Co: Rd..20y'and west of the BUrlingtOriNortherrlrailroad tr~cks, .'
Thepr6pertyi~Jegal1y describ.~dasfollows:',,:':' ,. . .". <.' ,
.; ,,:.,. -, ',' .,.;.". . ..' .- ."
".,,'
. ,
/.
PIN 143224120004.0 PIN 143224240002.0 PIN 143224130002.0
BOYUM LORETTA MARY * EMMERICH LAWRENCE F & KAREN DAVIS RICKY A & JOAN M
("" CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
j 161ST AVE 1341 161ST AVE 1177 161ST AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224130004.0 PIN 143224310002.0 PIN 143224420005.0
JOHNSON GARY M & SUSAN M CURRENT RESIDENT SAGVOLD DURWOOD H & LORNA J
OR CURRENT RESIDENT 1292 161ST AVE OR CURRENT RESIDENT
1055 161ST AVE ANDOVER, MN 55304 1092161ST AVE
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224420004.0 PIN 143224310002.0 PIN 143224410006.0
HEMMELGARN ALLEN L & JANIE M WOODLAND DEVELOPMENT ORSTAD REYNOLD N & SHARON J
OR CURRENT RESIDENT 13632 V AN BUREN ST NE OR CURRENT RESIDENT
1054 161ST AVE HAM LAKE, MN 55304 16034 CROSSTOWN BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224440006.0
MARY MCCAR1NEY CURRENT RESIDENT SW WOLD CONSTRUCTION
10460 PALM STNW 15890 SYCAMORE ST 901 WHWY 10
COON RAPIDS, MN 55433 ANDOVER, MN 55304 SUITE 107
ANOKA, MN 55303
PIN 143224440009.0 PIN 143224440005.0
MJB CONSTRUCTION REDDINGTON C M & R A & A F RODDINGTON ALLARD F & R A
6438 RIVERDALE DR OR CURRENT RESIDENT OR CURRENT RESIDENT
RAMSEY, MN 55303 15850 SYCAMORE ST 15810 SYCAMORE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224440002.0 PIN 143224440003.0
CRA VIS LAURA PIN 233224210058.0 GOLDEN V & GOLDEN L E
OR CURRENT RESIDENT ASHFORD DEVELOP CORP INC OR CURRENT RESIDENT
15782 SYCAMORE ST 3640 152}.'l) LANE 15748 SYCAMORE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 143224440004.0 PIN 233224120001.0 PIN 233224110003.0
HOVIND THOMAS W KOZLOWSKI ESTATE PETERSON PAUL & JOAN
OR CURRENT RESIDENT 22770 320TII ST OR CURRENT RESIDENT
15710 SYCAMORE ST RED WING, MN 55066 939 CROSSTOWN BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304
, ffii:\ City of Sketch Plan
/ ~ Andover Gold Nugget Development
- /"";', ';,;n,.;;:"?;>,'."'?; :', i,..' "
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ice ./ ",:\i;;j.e~.i;i' i!.il,~S if,i;;Ji!;;&Aflt,~I3Ki!!i~!~i'~1i
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= 'y'; .OD 'd" Xi: Site Location I';;iii'::',;\ ;f;Y~i.., ii,;!',
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:;;;;, 15198~":;:;/' ';iiffhL ii;' ;;;I! 021 881 15182 15803
'''' 15788 "i ti. ".,.,;..;\.1":/,2" ,..;:,.,;:. ',':
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LEGEND
o 350' Mailing Boundary
E Properties Notifted
N Subject Property . . N Sources:
Site Location A Andover Planning
Andover GIS
Anoka County GIS
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 12
Commissioner Hedin questioned ifthere are setbacks.
>",-
Commissioner Dalien mentioned that some of the surrounding neigJ:lbo~hoods had concerns that
all they see is asphalt. He questioned if there isn't a way to scrye:6it to accommodate
surrounding property owners. /
Commissioner Dalien questioned if it is possible t~n:6t have as many units in such a small area.
~/
-'
Chair Squires agreed with Commissioner A,pe1 and stated that more information would be
helpful in making a decision. //
. //
Mr. Carlberg explained what wilB(appen next when proceeding with the sketch plal1.
/
/
RECESS L
Chair Squires call a recess at 9:00 p.m.
Chair sq~nVened the meeting at 9:08 p.m.
. / PRESENTATION: SKETCH PLAN - GOLD NUGGET DEVELOPMENT - 79 SINGLE
FAMILY URBAN LOTS, +/- 40 TOJVNHOME UNITS:.... SE ~ SECTION 14-
PRESENTATION BY GOLD NUGGET DEVELOPMENT.
Horst Graser, representing Gold Nugget Development, presented the sketch plan located south
of 161 st A venue and NE of the Chestelion Commons Third Addition. He explained that the
plan consists of79 single family urban residential lots and 36 townhomes on approximately 72
acres. He gave a description of the layout of the plan highlighting the location of the wetland
areas, access points, single family homes, and townhomes. He mentioned that the railroad
tracks are defInitely an impact to the development since they are just to the east of the site.
Mr. Graser stated that they are proposing 36 townhomes along the eastern boundary that will
start at approximately $150,000. He mentioned that the cul-de-sac does exceed .the maximum
length, however there are not any other options due to the wetlands and the railroad tracks
surrounding the area. It was mentioned that the anticipated market value of the single family
homes would be anywhere from $200,000 to $250,000.
Commissioner Falk questioned if the area would be likely to flood since the land is so flat. Mr.
Graser agreed that the land is considerably flat, however mentioned they are proposing to lime
the area to prevent flooding.
/ Commissioner Kirchoff questioned the location of the two access points connecting to the
Woodland Development. Mr. Graser pointed out the two access points, mentioning that one
would be able to eliminate the one cul-de-sac.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23,2000
Page 13
Commissioner Falk questioned if the development is considered a PUD. Mr. Carlberg stated
that yes it would be a PUD.
PUBLIC HEARING: SKETCH PLAN - GOLD NUGGET DEVELOPMENT - 79 SINGLE
FAMILY URBAN LOTS, +/- 40 TOWNHOME UNITS - SE * SECTION 14 - GOLD
NUGGET DEVELOPMENT.
Mr. Carlberg presented the staff report on the Gold Nugget Development sketch plan. He
stated that the proposed plan is located in R-I, Single Family Rural Zoning District and will
need to be rezoned to R-4, Single Family Urban. He stated that in an R-4 District, the
minimum lot size is 11,400 square feet for the single family lots, and additional rezoning to M-
1 or M-2 to accommodate the twinhomes may be necessary.
Mr. Carlberg stated that the proposed sketch plan is not consistent with the existing Andover
Comprehensive Land Use Plan as the property is designated as RR, Residential Rural and is
located outside the Metropolitan Urban Service Area, (MUSA). It is important to know that the
Draft Comprehensive Plan currently before the Metropolitan Council shows the majority of the
sketch plan to be consistent with the Land Use Plan, RU, Residential Urban Single Family and
/ is located in the MUSA. He stated that the property would be required to develop in
accordance with the Development Policy Guideline, in addition to meeting all the applicable
ordinances that apply to the proposed development.
Mr. Carlberg stated that 1, 10, and 100 year flood elevations shall be identified on the
preliminary plat, in additiol1 to the drainage and utility easements being required. He
mentioned that the developer and/or owner is respol1sible to obtain all necessary pennits prior
to conshuctiol1. The wetlands within the proposed development must be delineated and
indicated on the plan.
Mr. Carlberg explained that the Park and Recreation Commission will be reviewing the sketch
plan at their next meeting on June l, 2000. He mentioned that the Andover Review COlmnittee
has reviewed the plan and made comments as listed in the staff report.
Chair Squires questioned what happened with the MSA connector road from 161 st A venue. Mr.
Carlberg stated that they are still looking at it as an option.
Chair Squires questioned if the road on the other end of the development will extend down to
Crosstown Blvd. Mr. Carlberg explained that the road coming out on the other end could
extend down to Crosstown Blvd.
Commissioner Kirchoff questioned if the development ties into 156th Lane. Mr. Carlberg
stated that it hasn't been resolved yet, but they are looking at it as a part of the sketch plans
surrounding the area.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 14
Motion by Falk, seconded by Dalien, to open the public hearing at 9:27 p.m. Motion carried on
. a 6-ayes, O-nay, I-absent vote.
Janie Hammelgam, 1054 16lst Avenue, stated that she has concerns with the parks and the
trails since there are a lot of new developments coming up in the area, however there are no
proposed trails. She mentioned concerns with the development bordering her property since
she raises horses and has them fenced in by an electrical fence. She questioned if there would
need to be a barrier in order to prevent any problems. She explained that she had a
conversation with Mr. Graser regarding the possibility of eliminating the fIrst lot and instead
moving the second lot over so there would be more room. She stated that their house is right
on the property line due to the location of the water table, and therefore she doesn't want the
neighboring house extremely close to her own. She also questioned that with schools as full as
they are with the current population how will they ever be able to accommodate the community
if the City continues to develop land.
Mary McCartney, , stated that she supports .the street they are proposing on
the south side of the development. She also mentioned that she hopes the City will make every
effort to preserve the wetlands throughout the City before approving any new development.
Finally, it was mentioned that the City should look at the street situations in advance in order to
prevent future problems.
Ms Hammelgarn questioned what the next step is for the proposed sketch plan.
Mr. Carlberg reviewed the process and procedure for the Gold Nugget Development sketch
plan and stated that it is projected to develop in 2001.
Chair Squires questioned if the park board will have a public hearing on the sketch plan as well.
Mr. Graser stated that he is aware that there is currently no access to County Rd 20 or 161 st
A venue, however he stated that he has made a specifIc lot within the development extra large to
allow for a future access if the City so desires. He mentioned that he could move the
twinhomes to the far east if that is what the City requests. It was explained that they plan to
custom grade as much as possible, which will help to save as many trees as possible.
1\11'. Graser explained that the reasoning for the curve in the development is because it vvill help
to minimize the speed of traffic traveling through the area. He mentioned that he is unsure of
how to answer the electrical fencing concern since it would not involve him as the developer.
Chair Squires questioned the amount of pine trees that exist within the proposed site. Mr.
Graser pointed out the areas where pine trees are present and explained that they hope to save
the majority of the trees through custom grading.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 15
Mr. Carlberg explained that custom grading is when they grade on an individual lot basis. He
stated that it is a good way to save the trees in the area.
A member from the audience mel1tioned that there could be some oak wilt on the proposed site.
She mentioned that she noticed that some trees had the disease when she was out walking
recently.
There was no other public input.
Motion by Dalien, seconded by Kirchoff, to close the public hearing at 9:40 p.m. Motion
carried on a 6-ayes, O-nay, I-absent vote.
Commissioner Apel stated that the proposed sketch plan looks good in his opinion.
Mr. Carlberg stated that he would take the review committee comments in addition to the
concerns of the people who spoke at the public hearing and forward them on to the City
Council.
Chair Squires mentioned concerns regarding 1 56th Lane. He mentioned the possibility of a
buffer road between the multi-family homes and the homes to the northeast. He suggested that
some type of separation between the homes might be a good idea.
Mr. Carlberg stated since it will be a PUD there will be a landscaping plan that will be
approved by the City to help in controlling some of those concerns..
Commissioner Hedin questioned if there would be a park within the development.
Mr. Carlberg stated that a park will likely be located near the Woodland Woods and Chesterton
Commons developments, therefore this proposal will only consist of a trail.
Mr. Carlberg stated that he will take the Review Committee comments and the concems
mentioned tonight and forward them on to the June 6, 2000 City Council meeting.
PRESENTATION: SKETCH PLAN - MERIT DEVELOPMENTIPUD - 6 SINGLE
FAMILY RURAL LOTS -SW ~ OF SECTION 28 - PRESENTATION BY MERIT
DEVELOPMENT.
Todd Ganz, representing Merit Development, presented the sketch plan on the Merit
Development. He stated that the proposed development is for 6 single family rural residential
lots on 18.5 acres. He is proposing the south 10 acres be put into a land trust to prevent it from
ever being developed. These 10 acres may be fenced for running pasture for the horses. It was
mentioned that he is proposing a COlmnon horse barn where each property owner can have two
horses stored in the barn.. He mentioned that this idea has been done in other areas around the
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. &J, David L. Carlberg
Community Development Director
Sketch Plan
Merit Development
Section 28
The City Council is requested to review and comment on the sketch plan located in Section 28 as
being proposed by Merit Development. The sketch plan consists of six (6) single family rural
residential lots on 18.5 acres.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the sketch plan on May 23, 2000. The
, Commission generally agreed with the comments of the Andover Review Committee. The
/ Commission liked the concept and supported the clustering of homes. The Commission shared
the concern of the ARC regarding the communal septic system concept and agreed further
research needs to be conducted. Residents in the area of the development generally supported
the concept of the development. Attached is the staff report presented to the Commission for
background information. Also attached is the minutes from the meeting.
Park and Recreation Commission Review
The Park and Recreation Commission reviewed the sketch plan at their June 1,2000 meeting.
The Commission is recommending the acceptance of cash in lieu of land.
/
dO TUE 14:27 FAX 6124346416 19j 002
i. May 15,2000
I'
I
!
TO: City of Andover
I
I FROM: Merit Development Co., LLP - Todd Ganz
I RE: Cluster Home Subdivision
,
I
I To Whom It May Concern:
We have submitted a sketch plan for 6 single-family lots on an 18.50 acre parcel. The lots are
sized between 113 of an acre and 31. of an acre. Weare proposing one septic system to serve all 6
lots. These 6 lots are clustered at tbe northern part of this parcel. The septic designed has an
I existing drainfield and a future site. The septic system is designed with a main line in the street
/ to serve all lots and run north to a lift station that would pump the effluent into the draiDfield.
I This system could easily be hooked into any MUSA services that my run down South Coon
I Creek Drive at a later date.
I This subdivision is being proposed as an association-controlled project. The reason for the
I
, association is to maintain the common septic, private streets and the common equestrian barn.
The common bam is proposed to be located between lots 4 & 5 on the east side. The style of
barn is of Dutch Design. The size is proposed as 44' x 104'. This size should be able to
accommodate up to 16 horses in individual stalls. There should be adequate room for tack,
grain, water, and interior hay storage. Portions of the corrunon property area will be fenced with
a 4 board white fence.
I Approximately half of the 18.S-acre parcel will be left as green space and pasture. The
I association would maintain all fences, septic and streets. At the time the onsite septic is
abandoned to hook up to the MUSA the private street would then become a public street.
I
I
Our intent is to supply pictures of other cluster subdivisions, Dutch style barns and maintenance
free fencing.
!
Merit Development Co., LLP
i Todd D. Ganz, Partner
16015 Central Avenue NE, Ham Lake, MN 55304
I
I Office 612-434-1500 Fax 612-434-6426
I www.meritcompanies.com
,
M^V ~~ tnn ~A.~n L":"....,A7.ACA...~ n^~'- n"""l
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE Mav 23. 2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
AGENDA
10. Public Hearinl:!: - Sketch Plan Community Development
Merit Development David L. Carlberg
B 'Community Development Director BY:
Request
The Planning and Zoning Commission is requested to review, comment and hold a public
hearing on the proposed sketch plan of Merit Development on the property located in
Section 28 as shown on the attached location map.
General Comments
* The proposed development consists of six (6) single family rural residential lots on
: 18.5 acres. Lot sizes range from 1/3 to 3/4 of an acre. A 14.4 acre outlot is also proposed.
* The proposed sketch plan is located in an R-l, Single Family Rural Zoning District with
a miniminn lot size requirment of2.5 acres in this district. The property will most likely
develop as a Planned Unit Development to achieve the smaller lot sizes. A Special Use
Permit will need to be granted to allow the development as a PUD.
* The property is not located in the Metropolitan Urban Service Area (MUSA). However,
the property lies adjacent to the ultimate MUSA boundary. A communal septic system is
proposed.
* All lots shall be required to meet the provisions of Ordinance No.1 0, Section 9 .06a(3)
which relates to lot size and buildability requirements.
* The Water Resource Management Plan shall be implemented withthe development.
* The 100 year pond elevation shall be identified on the preliminary plat. In addition
drainage and utility easements are required for the 100 year flood elevations. Flood fringe
and floodway boundaries shall be indicated on preliminary plat.
,
. _.__..~----
Page Two
Sketch Plan - Merit Development
Planning and Zoning Commission Meeting
May 23,2000
* The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site).
* There are wetlands within the proposed development that must be delineated by agencies
and indicated on the preliminary plat. The Local Government Unit is the Coon Creek
Watershed District (CCWD). The developer shall contact the CCWD to discuss the 1991
Wetland Conservation Act that is in effect.
* The developer is required to meet the following City Ordinances and all other applicable
, ordinances:
,
Ordinance No.8, Zoning Ordinance
Ordinance No.1 0, Platting and Subdividing Ordinance
Ordinance No. 107, Flood Plain Ordinance
Ordinance No. 112, Planned Unit Developments
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Park and Recreation Commission Comments
The Commission will be reviewing the sketch plan at their June 1,2000 meeting. The
Commission will be discussing and making a recommendation on the park dedication
requirements per Ordinance No. 10, Section 9.07.
Andover Review Committee (ARC) Comments
The Andover Review Committee (ARC) met on Thursday, April 27, 2000 to discuss the
sketch plan. Comments from the meeting are as follows:
, * Private street should be a public street with a right-of-way and street width to City
standards.
Page Three
Sketch Plan - Merit Development
Planning and Zoning Commission Meeting
May 23,2000
* Existing foundation of residential structure is planned to be removed.
* The wetlands and flood plain need to be identified on the sketch plan which is considered
significant features as provided in Ordinance No. 10, Section 6.03B.
* The ARC recommends the Commission require the developer to sketch all property
owned by the developer/landowner as well as the adjacent parcels as provided in Ordinance
No. 10, Section 6.04. The developer is encouraged to talk with the adjacent property
owners to coordinate the future development of this area if desired.
* Vehicle site distances need to be evaluated to ensure site distance requirements are met
, at South Coon Creek Drive per MNDOT Road Design Manual.
,
* Setbacks may need to be discussed as a part of the PUD.
* The communal septic systems needs to be discussed.
* The City will need to evaluate the feasibility of serving the site with municipal sanitary
sewer and water.
It should be noted that some of the above listed items will need to be addressed as a part of
the sketch plan review and some of the items will need to be addressed as a part of the
preliminary plat application and review. The ARC is listing these items at this time for
discussion purposes.
The Planning and Zoning Commission should remember that this item has not been studied
by staff in detail as most of the detail will be reviewed as a part of the preliminary plat.
./CITY:OF}~O~R.-' ,,',
, COUNTY,OFANOKA .~.:
STATE OP.MrNNESOTA:
. 0'.-; . ,.
,. "NOTICEOFPUBticHEARING.
. - . , . .
,.-'-, .
, The,Plaillli~gand zoningqbrrimls~i6rioftheCityofAndo~er \~mh~id. ~.publi2::'
hearing at'? :OOp.m.:~ :ot.as s00I1'thereafteras.can'beheard, orrTuesday ;.May, 23;. .'.
" , _, _ o. :. " _ _ :'_ ,,', _", :__" '., . ;;'. ,.,' _:'_". ''-: ., ,C :. , '_ ,", ,- -. ,,- '- {_, - '- :__ .: -,' ,- :
'200..0., ,.a...t the..,.Ari.'do.ver....C. .ity....H. a..l.ii..' 16~5.C..... roo 'ss..t.ow.rt"B.. .oUl.ev..ar. d NW"...'.. ,.A.. 'Ii ...dov.e..r;.....:...'...' ..'.......:....'......
. Mirmesota toconsiderth~ sketch.p Ian submittecl by: Merit. Develop~ent 'co'nsistiIlg
of six rural re'sidentiallotslocated in Section 28, ToWnship 32; Range 24, Anoka'
'C~unty; Minnes~ta: Th~ p~op.ertyis gener~lly located at 2880 So~th Co'on Creek
,prive:,Thepropertyis.legallydescribedas follows:.,,' '
. '~~_,-- . "c',' . "r '_;:~~,','" -,.,~,-.(,:.-_., -'.J'
. '" . .
.' '. - \ .','. ~:" -', -, ' - ., .:~. - ,:," .'.'-; '. . ','- - ", - "-, ,,' "", - '. - :.' -, " '" ", . ,,- , ... ,-' . ':' .', "':.' - - - '-. '~ " .
part of the Northeast Qmirter bfthe Southwest QtiarterOf Section 28, Township',
,3.2;R~ge21;'.#qka.'Cou~tY,Minn.~s9fa,;".':.:' ',:.,. .,:\.<"',,'< ,':.';. ..~.
'. , ' - ,-,'
- . ~ ~ . -'-'."
'. ~ .., _:::." ,_ ";..;' '. ,; . :, ~ ;. . " , " y .. , . . i .'-, ~
., All written and verbal ,comments will be received at that time ~nd location.. A "
I' " . ~ ,
copy: of the applicattori and location will be available attheAIidover, City Hall for
/ ~ City of Sketch Plan - Merit Development
Andover
/
LEGEND
o 350' Mailing Boundary
_ Properties Notified N Sources:
N Subject Property A Andover Planning
Andover GIS
Anoka County GIS
Site Location
PIN 283224130004.0 PIN 283224340014.0 PIN 283224240002.0
BORJA DIONICIO R & C R REARDON TIMOTHY J & JUDY R REYES ISIDRO & MARY
1 n-;9 29TH AVE NW OR CURRENT RESIDENT OR CURRENT RESIDENT
. N BRIGHTON, MN 55112 2950 142ND LN 2823 S COON CREEK DR
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224240003.0 PIN 283224240004.0 PIN 283224240005.0
PEARSON RICHARD J & RENATE FIELDS JAMES E FIELDS CHARLES P
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2863 S COON CREEK DR 2923 S COON CREEK DR 2963 S COON CREEK DR
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224310004.0 PIN 283224420002.0 PIN 283224340015.0
FIELDS EDWARD F & LORRAINE DAVICH LUKE J &MJ
15421 ROUND LAKE BLVD OR CURRENT RESIDENT HAGER LARRY J & DEBORAH J
ANDOVER, MN 55304 2780 S COON CREEK DR OR CURRENT RESIDENT
2938 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224310002.0 PIN 283224310001.0 PIN 283224320009.0
SPADGENSKE WESLEY W & L J KRUSEMARK RICHARD J & R M BEAUPRE MICHAEL
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2934 S COON CREEK DR 2990 S COON CREEK DR 3018 S COON CREEK DR
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224420003.0 PIN 283224430001.0 PIN 283224340002.0
ZAMORA LEONARDO & RUFINO SL YZUK KENNETH L P MARY A SCHOENLEBEN RODNEY A & SUSAN
43014TH STNE 15211 NIGHTINGALE ST OR CURRENT RESIDENT
COLUMBIA HTS, MN 55421 ANDOVER, MN 55304 2807 142ND LN
ANDOVER, MN 55304
I
PIN 283224340003.0 PIN 283224340004.0 PIN 283224340005.0
BOYLAND DANIEL C & SHERI J SWEDBERG KENT S & KAREN HUTTNER JOEL N
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2817142ND LN 2827 142ND LN 2839 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224340006.0 PIN 283224340007.0 PIN 283224340008.0
OLSON TRACY 0 & P A TRlCIA E LACLARE LAURENCE E SMITH MICHAEL S & TERESA M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2849 142ND LN 2859 142ND LN 2905 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224340009.0 PIN 283224340010.0 PIN 283224340011.0
ABBOTT CARROLL W & S A SIMCOE THOMAS J & M E DAY GEOFFREY E & MILDRED L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2917142ND LN 2929 142ND LN 2939 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224340012.0 PIN 283224340013.0 PIN 283224340023.0
JANSSEN JEFFREY V & TRACY L HULL JOHN R & PATRICIA M WILLIAMS JERRY
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2949 142ND LN 2955 142ND LN 2814 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
,
) 283224340022.0 PIN 283224340021.0 PIN 283224340020.0
HOLTMEIER CATHY A & JAMES L RUPLINGER DONALD R & K C MCCAULEY DENNIS M
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2824 142ND LN 2834 142ND LN 2846 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
.
PIN 283224340019.0 PIN 283224340018.0 PIN 283224340017.0
HEINZMANN P A TRlCIA M OLSON SHARYL L & C M FOELL PATRICK C & P M
('10, CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3 142ND LN 2904 142ND LN 2914 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 283224340016.0 PIN 283224310005 PIN 283224310006
SIMONSON RONALD C & B M TODD GANZ JOSEPH LACHNER
OR CURRENT RESIDENT 18322 GREENBROK DR NE 14447 KERRY ST
2926 142ND LN WYOMING, MN 55092 ANDOVER, MN 55304
ANDOVER, MN 55304
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
/ Page 15
Mr. Carlberg explained that custom grading is when they grade on an individual lot basis. He
stated that it is a good way to save the trees in the area.
A member from the audience mentioned that there could be some oak wilt on the proposed site.
She mentioned that she noticed that some trees had the disease when she was out walking
recently.
There was no other public input.
Motion by Dalien, seconded by Kirchoff, to close the public hearing at 9:40 p.m. Motion
carried on a 6-ayes, O-nay, I-absent vote.
Commissioner Apel stated that the proposed sketch plan looks good in his opinion.
Mr. Carlberg stated that he would take the review committee comments in addition to the
concerns of the people who spoke at the public hearing and fonvard them on to the City
Council.
Chair Squires mentioned concerns regarding l56th Lane. He mentioned the possibility of a
buffer road between the multi-family homes and the homes to the northeast. He suggested that
some type of separation between the homes might be a good idea.
Mr. Carlberg stated since it will be a PUD there will be a landscaping plan that will be
approved by the City to help in controlling some of those concerns.
Commissioner Hedin questioned if there would be a park within the development.
Mr. Carlberg stated that a park will likely be located near the Woodland Woods and Chesterton
Commons developments, therefore this proposal will only consist of a trail.
Mr. Carlberg stated that he will take the Review Committee comments and the concerns
mentiol1ed tonight and fonvard them on to the June 6, 2000 City Council meeting.
PRESENTATION:- SKETCH PLAN - MERIT DEVELOPMENTIPUD - 6 SINGLE
FAMILY RURAL LOTS - SW ~ OF SECTION 28 - PRESENTATION BY MERIT
DEVELOPMENT.
Todd Ganz, representing Merit Development, presented the sketch plan on the Merit
Development. He stated that the proposed development is for 6 single family rural residential
lots on 18.5 acres. He is proposing the south 10 acres be put into a land trust to prevent it from
ever being developed. These 10 acres may be fenced for running pasture for the horses. It was
mentioned that he is proposing a common horse barn where each property owner can have two
horses stored in the barn. He mentioned that this idea has been done in other areas around the
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 16
metropolitan area, however is defmitely new to Andover. He explained that the homes would
have a coi:nmon septic system with each property owner having their own well.
Commissioner Hedin questioned how he proposes to maintain the septic systems regularly. Mr.
Ganz stated there would be a Homeowner's Association in place to maintain the barn, septic,
etc.
Commissioner Hedin questioned if the people would be able to ride the horses on the additional
10 acres. Mr. Ganz stated that between lots 4 and 5 would be the barn, and half of the 10 acres
fenced and the rest left open.
Commissioner Hedin questioned if a land trust would prevent the land from being used as
pasture. Mr. Ganz stated that it would require an easement in order for the land to be used as
pasture.
Chair Squires questioned if the 10 additional acres would be buildable land. Mr. Ganz stated
that the west 2/3 of the 10 acres is considered buildable land.
Commissioner Hedin questioned if the lots would be developed by him. or sold separately. Mr.
I Ganz stated that he would developing the land and the homes would range in price from
$200,000 to $300,000.
Commissioner Kirchoff questioned how the barn would be set up. Mr. Ganz stated that there
would be one feed room, one hay room, one storage room, and each property would have two
stalls.
PUBLIC HEARING: SKETCH PLAN - MERIT DEVELOPMENTIPUD - 6 SINGLE
FAMILY RURAL LOTS - SW ~ OF SECTION 28 - MERIT DEVELOPMENT.
Mr. Carlberg stated that this development is unique to the City of Andover. He mentioned that
the lots would range from 1/3 to ~ of an acre, and a 14.4 acre outlot is also proposed. He
explained that the sketch plan is located in an R-1, Single Family Rural Zoning District with a .
minimum lot size of 2.5 acres, therefore the propel1)' would most likely develop as a Planned
. Unit Development to achieve smaller lot sizes. He did mention that a Special Use Permit
would need to be granted to allow the development as a PUD.
Mr. Carlberg explained that the property is not located in the MUSA, however lies adjacent to
the 2020 MUSA boundary. He mentioned that all applicable ordinances would be required to
be met prior to construction. It was stated that the Water Resource Management Plan shall be
implemented with the development. The 100 year pond elevatiol1 shall be identified on the
preliminary plat, in addition to required drainage and utility easements. He stated that the
developer and/or owner is responsible to obtain all necessary permits as listed in the staff
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 17
report. Mr. Carlberg explained that there are wetlands within the proposed development that
must be delineated by agencies indicated on the preliminary plat.
Mr. Carlberg stated that the Park and Recreation Commission will review the sketch plan at
their next meeting on June I, 2000. He mentioned that the Andover Review Committee has
reviewed the plan and made comments as listed in the staff report.
Commissioner Falk questioned if this type of septic system is new to the city. Mr. Carlberg
stated that it is new to the City of Andover.
Chair Squires stated that even though it is new for us, one septic serving a number of properties
is commonly used in other areas. He stated that if other cities are able to make it work than so
should the City of Andover.
Commissioner Hedin stated that he sees it as a plus if the City can make the new system work.
Mr. Carlberg stated that he agreed that it is a great concept if the problem areas can be ironed
out.
Commissioner Hedin stated if we do get sewer up there than it should be able to last forever.
I Mr. Carlberg stated that the system does need to be evaluated thoroughly.
Motion by Hedin, seconded by Falk, to open the public hearing at 10:04 p.m. Motion carried
on a 6-ayes, O-nay, I-absent vote.
Richard Pearson, 2863 South Coon Creek Drive, stated that most of the residents in the area
feel it looks like a great development to add to the City.
Carroll Abbott, 2927 22nd Lane, stated that the people on his street also feel as though it isa
great concept.
There was no other public input.
Motion by Hedin, seconded by Dalien, to close the public hearing at 10:06 p.m. Motion carried
on a 6-ayes, O-nay, I-absent vote.
The Commissioner who agreed that the sketch plan is a great idea, and the size of the lots could
be re-addressed at a later date since the development would be located in a rural area.
Commissioner Apel mentiol1ed that the only problem with increasing the lot size is that the
concept for cluster housing is then lost.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 18
Mr. Carlberg stated that the idea the developer is proposing is to have smaller lots, however the
City does have concerns with the proposal since it is a new concept to have a common septic
system among a number ofhomes.
Chair Squires stated that lot size would directly affect the density of the development, therefore
the clustering concept preserves the density issues that may arise.
Mr. Carlberg stated that in the future a rural PUD probably will not exist.
Chair Squires stated that the clustering ofhqmes could possibly be an alternative to a PUD. He
stated that the concept of clustering is a great way of developing without having the high
density level.
Chair Squires suggested the City look into clustering as an option for the future over
developing a PUD.
Commissioner Dalien stated that he supports the concept and mentioned that it is very
interesting idea to add to the City.
,
, Commissioner Falk commented that it is nice to see the developer working with the residents in
the area since they are the Olles most affected.
Mr. Carlberg stated that he would take the comments from the Andover Review Committee in
addition to the COlmnents given by the commission and fOlward them on to the City Council at
their next meeting on June 6, 2000.
PRESENTATION: ANOKA HIGH SCHOOL SOCIAL STUDIES PROJECT-
CONCEPTUAL GOLF COURSE AND DRIVING RANGE - PRESENTATION BY
MICHAEL DAHL, ANOKA HIGH SCHOOL STUDENT.
Michael Dahl, an Anoka High School Student, presented the commission with a conceptual
golf course and driving range sketch plan. He developed this plan as part of a project for his
Geography course. He stated. that he was looking at three sites around the City for the
possibility of a future golf course. He gave a brief explanation as to why two of three sites did
not work and why the third site was best suited for the golf course. He supported his reasoning
based on the septic, land use, etc. He mentioned that the proposed site is approximately 200
acres. He explained that even though he proposed a lot of water on the site, this would not be
possible since the soil consists of a large amount of sand. Mr. Dahl also presented a housing
development that would be located on the south side of the golf course. He mentioned that the
homes would range from approximately $200,000 to $300,000. It was also mentioned that the
land he was proposing to develop would need to be rezoned in order to allow such a
development.
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"\
.I DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas,~
Parks
ITEM NO.
Order Feasibility ReporUOO-17/Anoka County Library Trail Construction
I,
The City Council is requested to approve the resolution ordering preparation of a feasibility
report for the improvement of Project 00-17, Anoka County Library Trail Construction.
The Park and Recreation Commission is recommending that the City Council assess the
adjacent commercial zoned properties. See attached meeting minutes for your review.
Jim Lindahl, Chair of the Park and Recreation Commission, will be at the meeting to answer
any questions.
"\
/
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORT FOR
THE IMPROVEMENT OF PROJECT NO. 00-17 FOR THE ANOKA COUNTY
LIBRARY TRAIL CONSTRUCTION.
WHEREAS, the City Council of the City of Andover is cognizant of the need
for improvements, specifically the Anoka County Librarv Trail Construction; and
WHEREAS, the City Council proposes to assess the benefiting property for
all or a portion of the costs of the improvement, pursuant to Minnesota Statutes
429.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to the City Enoineer
and he is instructed to provide the City Council with a feasibility report.
MOTION seconded by Council member and adopted by the
City Council at a reqular meeting this 6th day of June , 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
Regular Andover Park and Recreation Commission Meeting
Minutes - May 18, 2000
Page 7
/
REVIEW ISSUES LIST
Mr. Haas reviewed the items on the issues list.
UPDATE OF TRAIL FEES/COMMERCIAL PROPERTY
Mr. Haas updated the commission on the trail fees and commercial property as presented in the
staff report.
Chairperson Lindahl stated that he approached the Anoka Park Commission explaining what
they want and the route the trail should take. He advised they are willing to ago along with
this, if we want to take the risk of putting the trail in without any reimbursements.
Mr. Haas stated that they also indicated that they are not interested in splitting any of the
engineering fees and instead would like to just put it in themselves.
Chairperson Lindahl stated that there has been discussion with the county, and they have
indicated there is a lot more funding available. He stated that if we do our part they would put
in the rest of the trail.
/ Commissioner Grabowski stated that the city needs to determine if there can be any
assessments.
Chairperson Lindahl stated they were going to put a trail in, but the Comprehensive Plan was
part of the discussion.
Commissioner O'Toole questioned the estimated costs for a sidewalk. Commissioner
Grabowski requested Mr. Haas to have a price list for the next meeting. Mr. Haas questioned if
the commission would like to take it to the Council.
Commissioner Grabowski questioned if the property itself would be assessed. Mr. Haas stated
that yes, it would be assessed.
~ Motion by Kieffer, seconded by O'Toole, to recommend to the City Council approval to assess
the property owners of vacant parcels and existing businesses through the MN Chapter 429
assessment procedure in order to collect 100% of the costs. Motion carried on a 6-ayes, O-nay,
1- absent (T. Anderson) vote.
CHAIRMAN'S REPORT
Chairperson Lindahl stated that he liked the new format.
ADJOURNMENT
/
ANDOVER PARK COMMISSION
l~ l REQUEST FOR PARK RECOMMENDATION
~ Y DATE: Mav 18. 2000
ITEM ORIGINATING DEPARTMENT
Todd J. Haas~
8. Update of Trail fees/Commercial Property Parks
This is an update item for the Park and Recreation Commission in regards to trails adjacent to
commercial property.
Currently the way the program is set up is that if a parcel is platting/subdividing property, the
parcel/property owner is responsible to pay 100% of the cost of the trail construction. If the
parcel is a vacant parcel or if there is an existing business on the parcel the only way to collect
the trail fee is to go through the appropriate MN Chapter 429 assessment procedure to be able
to collect 100% of the cost of the trail. This procedure would have to be approved by the City
Council to do this.
Basically, the City could build the trail now but could not collect later unless the property, plats.
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Approve Revised John Hinzman
b, Comprehensive Plan City Planner
Request
The City Council is asked to approve the changes to the Draft Comprehensive Plan as
depicted 011 the attached letter to Sandra Pinel, Metropolitan Council Principal Reviewer.
....
"-
I
, . .J
June 7, 2000
Sandra Pinel
Principal Reviewer
Metropolitan Council
230 East Fifth Street
St. Paul, MN 55101
RE: Andover Comprehensive Plan - 2020 Draft Plan Response to Outstanding Issues.
Dear Sandra:
Following is a response to outstanding issues relating to the 2020 Draft Andover
Comprehensive Plan.
JANUARY 19,2000 REVIEW COMMENTS
" Forecasts, Land Use, and Density
, /
. Additions to Worksheet B to include projected household density for single-family and
multi-family residential development in the urban service expansion areas.
Response:
See Attached Revised Worksheet B
. Policies and implementations plans for the urban reserve as identified on Figure 4.6 to
ensure that land can be preserved for future urban development after 2020 at no less than
three units per acre overall. The Blueprint calls for holding this land at Ol1e unit per 40
acres but other approaches may be proposed to achieve the same result.
Response:
Chapter 4, page 13 identifies the TR, Transitional Residential District which encompasses
all land between the present and 2020 MUSA Boundary. The TR district requires urban
services to be available to plat property. The City is satisfied this will hold land for
future urban development.
. Copies of any ordinances protecting land resources other than state protected wetlands,
which would affect net density calculations. The plan seems to propose between two and
"- 2.5 units per acre in the urban area. Would net density be higher if protected land were
) subtracted.
" Response
, / Andover Ordinance No.8 (Zoning) allows development ofthe R-4, Single Family Urban
District at densities exceeding the 3.0 average. Other multiple family districts allow for
an evel1 higher density.
. Statement on solar access protection
Response
A solar access protection section has beel1 added to Chapter Four, beginning on page 14
(attached).
Housing
. Adoption of life-cycle housing goals per Met Council.
Response
An Affordable and Life-Cycle Housing Sectiol1 has been added to Chapter 2 page 5.
Figure 2.7 identifies adopted life-cycle housing goals.
. Idel1tify specific programs to create opportunities for affordable and life-cycle housing.
., Response
/ An Affordable and Life-Cycle Housing Section has been added to Chapter 2, page 6
(attached).
. Identify land use controls - density, subdivisiol1 regulations, etc. - to assist the
continued development of affordable, life-cycle housing.
Response
An Affordable and Life-Cycle Housing Section has been added to Chapter 2 page 5.
Figure 2.7 idel1tifies adopted life-cycle housing goals.
. It is not clear from the information in the plan how many households or how much of
the city's new growth through 2010 and to 2020 will be in its sewered area.
Response
Chapter One, Section B states "90 percent of Andover's annual growth occurs on lots
with access to municipal services," Statistics on population and households are found in
Table 1.5.
Water Resource Management
. Provide flow projections by five-year increments though 2020 that are based on the
" staging map (figure 4.6) and show total flow for each five-year increment. The trunk
/
sewer tables do not show all scheduled growth areas.
, Response
**Information will be provided at the meeting**
. Include information on the number of individual sewage treatmel1t systems (ISTS) and
provide a map identifying the areas in the city that continue to be served by ISTS.
Response
Section F has been added to Chapter 9 regarding ISTS. **Figure 9.7 will be provided at
the meeting**.
. Include text n the plan describing the city's ISTS management program consistency
with MPCA rule 7080 or a commitmel1t to implementing such a program by a date
certain. The Council has developed software and is offering grants to help cities develop
ISTS notification and tracking programs.
Response
Section F has been added to Chapter 9 regardil1g ISTS
. Please submit updated water demand number through 1999 and make sure they are
consistent with populatiol1 forecasts.
, Response
/ **To be presented at meeting**
. Update capital improvement program to include Well No.7
Response
**To be presented at meeting**
. Include water conservation measures and progress since 1995.
Response
**To be presented at meeting**
Transportation
. Submit maps that identify minor and major arterials
Response
Attached are the Existing Functional Road Classification Map (Figure 6.7a) and Proposed
functional Road Classification Map (Figure 6.7b).
. Clarify the transportation problem analysis. The plan talks about the results of an
" analysis of problems in the City but there is no record on the analysis so it is hard to
I
follow the discussion.
Response
, The 1994 Anoka County Transportation Plan Update conducted by BRW (attached) will
/ be include as an appendix to Chapter 6 and referenced in Section H. Impact of the new
high school is referenced Chapter Four, page 3 (attached).
. Il1clude the travel demand managemel1t strategy. The topic is raised, but there is no
proposed action.
Response
TDM strategies have been incorporated into Chapter 6, page 7 (attached).
Parks and Open Space
. The comprehensive plan text and the graphic trails plan (Figure 6.11) should be
modified to idel1tify the two trails within the system that are regional in designation.
Response
A revised Figure 6.11 is attached.
Implementation
. Include an implementation section describing proposed local controls to implement
into the comprehensive plan and a schedule for adopting controls.
, /
Response
**To be presented at meeting**
. A complete five-year capital improvement program for transportation and water supply
and parks and opens space and sewers.
Response
**To be presented at meeting**
. Housing implementation program including official controls to implement the housing
section.
Response
**To be presented at meeting**
. Address rural density issues of 1 unit per 10 acres average.
Response
**To be presented at meeting**
6/7/00 Amendmmt
'Worksheet B . Projecting Future Land Use .
'.
2010 '. .
2015 .
2020
2020 . . .
.
C. Future Rural Development .
. .
.
Forecasted Projected Household Density Acres
Households (acres/households) ,
.'
Single-family Multi-family .
1990 3.0 . . 6.0 -c
1995 . . .
.
2000 . ' . .
2005. , , .
. .
2010 . , . .
2015' . , . .
.
2020 , .
,
. .
.
Forecasted Projected Household Density Acres
Employment (acreslhouseholds)
. .
1990 .
11995 . . . . .
2000 - -c-
2005 . .
2010 .. .
2015 .
2020 .
. .
9.12 May 1997 Local Planning Handbook
@ City of Andover Comprehensive Plan - Chapter Four
.' 6. Existing and Projected Land Use Calculations
Specific acreage estimates of existing and projected land use follow as
Attachments 4.9 and 4.10.
7. Solar Access Protection
Solar energy provides an alternative means to energy that has less impact on the
natural resource base of the world. Use of solar energy reduces the need for fossil
fuels and nuclear power to heat or cool our homes and businesses or fuel for
automobiles. State legislation enacted in 1978 requires local Comprehensive Plans
to address solar access protection to ensure that direct sunlight access to solar panels
is not subjected to shading from nearby trees, buildings or other structures.
Solar Access Protection Goals
The following are the City's goals for solar access protection:
1. To ensure reasonable access to direct sunlight is available to all parcels so that
alternative forms of energy can be used to supplement or replace conventional
forms of energy.
,
2. To reduce maintenance and energy costs of public facilities and infrastructure.
Policies for Solar Access Protection
It is the policy of the City of Andover to:
1. Ensure existing levels of solar access are maintained in developed
neighborhoods.
2. Encourage the use of solar energy in future housing developments through such
programs as the "Energy House".
3. Encourage future site and building plans maximize efforts to design for efficient
use of solar energy including such elements as the location of windows, shade
trees (and types), windows, and driveways.
4. Use where possible solar energy design elements for future public facilities and
infrastructure development.
"- 5. Encourage and support educational programs and research that focuses on
alternative or renewable energy systems.
Draft Copy - June, 2000
Page 14 of 15
~ City of Andover Comprehensive Plan - Chapter Four
/ "\
, I
6. Work with the league of Minnesota Cities, University of Minnesota Extension
Services, Minnesota Office of Environmental Assistance, Anoka County and
other agencies to develop programs that increase usage of solar energy systems.
D. IMPLEMENTATION PLAN
, J
"\
Draft Copy - June, 2000
Page 15 of 15
~ City of Andover Comprehensive Plan - Chapter Two
/ , F. HOUSING REHABILITATION
:
\ /
-
The majority of neighborhoods in Al1dover contain housing ul1its that are in good to
excellent condition and do not require widespread rehabilitation. However, the
Crosstown Multiple Family District may warrant residential redevelopment within the
scope of this plan. Located north of Bunker Lake Boulevard between Crosstown Drive
and Crosstown Boulevard the area contail1s nearly 20 acres and 80 multiple family units.
The development predates incorporation ofthe city and is not served by municipal sewer
and water. Redevelopment into cluster townhomes and/or rental units served by mass
transit along Bunker Lake Boulevard may be feasible in the future. Figure 2.6 shows the
location of the Crosstown Multiple Family area.
G. AFFORDABLE HOUSING
Single family homes are expected to be the dominant housing type. However, Andover
will need more non-traditiol1al housing to serve the first-time home buyer as well as
retirees.
"' H. DEVELOPMENT IN NEIGHBORING CITIES
J
Andover will continue to be both a rural and urban community. Opportunities for single
family detached housing in the Cities of Blaine, Anoka, and Coon Rapids will continue to
decrease, putting more demand on the City of Andover. Limited land in those
communities has resulted in an increased development oftownhomes and multiple family
housil1g, which may decrease the demand for these housing options within Andover. The
City of Andover is predicted to be the fastest growing city in Anoka County into the next
century.
I. AFFORDABLE AND LIFE-CYCLE HOUSING
PROVISIONS
The City of Andover has committed to providing affordable and life-cycle housing
through adoption of Housing Goals as depicted in Figure 2.7.
Ordinance 8, (Zoning) Sections 6 and 7 provide for the use and creation of multiple
family districts that allow development densities consistent with affordable and life-cycle
needs. Andover allows additional density and relief from strict ordil1ance requiremel1ts
through implementation of the Planned Unit Development Ordinance No. 112.
'\
J
Draft Copy - June, 2000
Page 5 of 6
. ~
/
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
.
RES. NO. ROS8-00
A RESOLUTION ADOPTING THE HOUSING GOALS FOR THE CITY OF
ANDOVER FOR THE PERIOD OF 2000-2010 AS NEGOTIATED WITH THE
METROPOLITAN COUNCIL AS LISTED ON ATTACHMENT A.
WHEREAS, the City of Andover hereby recognizes the attached negotiated goals as the
housil1g goals of the City of Andover for the period of2000-2010; and
WHEREAS, the City of Andover agrees to continue to negotiate with the Metropolitan
Council the implementation and integration of these goals in the Andover Comprehensive
Plan; and
WHEREAS, the City of Andover recognizes the need to provide a variety of housing
types for people in all stages of the life-cycle: and
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WHEREAS, the City of Andover agrees to make its best effort given market conditions
and resources available to make progress towards these goals within the given time
frame.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Andover
hereby adopts the attached goals as the housing goals ofthe City of Andover for 2000-
2010.
Adopted by the City Council of the City of Andover 011 this 6th day of March, 2000.
CITY OF ANDOVER
,",' t. M)(.14r
.. lE. McKelvey, Mayor
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Richar Fursman, Deputy City Clerk
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ATTACHMENT A
GOALS
J I CITY INDEX II BENCHMARK II GOAL I
Afiordability ,'. .
OVinership 72% 69-87% 40%
Rental 26% 35-50% 35%
Life-Cycle
Type (Non-single fomily 4% 33-35% 15%
detached)
,
Ovmerfrenter Mix 95/5% (75) I (25)% 90/10%
~b~lt}.;:~:;:::;~:!:::ii:):~::i;~!{:~>:)~:~j::r!j:)f;t!:.':i\~':*i;:H;:~;?;:';;~:<::;::[;;::.;\~?:~;;:[;;:;;:::j::;::1::::!:~:;{~;%:i':;t~;)if;~[m;~~::~':;;;t~\1!;};\:b1::'i;;:;:fi~f:n :;:6;.' "::f:I~;::j~ii;~1~~.~;:~;~~~~t~i\[r~\~
Single-Family Detached LO/acre 1.9-2.3/acre 2.3 Net AcrE s
Multifardly O/acre 10.13/acre 6 units .
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~ City of Andover Comprehensive Plan - Chapter Two
J. AFFORDABLE AND LIFE-CYLE HOUSING
PROGRAMS
A number of programs exist to provide renter assistance and below-market-rate home
mortgage programs. Some involve little or no administration or oversight by the city,
although most require the city's consent. Following is a list of existing housing
assistance programs that may be used:
Federal Government
. Section 8 Rental Vouchers and Certificate Programs
. Shelter Plus Care (S+C)
Minnesota Housing Finance Agency (MHF A)
. Minnesota Mortgage Program
. HomeoWllership Assistance Fund
. Urban Indian Housil1g Program\Tribal Indian Housing Program
. Purchase Plus Program
. Minnesota Urban and Rural Homesteading Program
. Partnership for Affordable Housing
. Minnesota City Participation Program
. Energy Cost HomeoWllership Program (ECHO)
. MHF A Rental Assistance for Family Stabilizatiol1 (RAFS)
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Draft Copy - June, 2000
Page 6 of 6
~ City of Andover Comprehensive Plan - Chapter Nine
F. INDIVIDUAL SEWAGE TREATMENT SYSTEMS
{ISTSl
The City of Andover has approximately 3.000 individual sewaQe treatment
systems (ISTS). Approximately 50 new systems are added each year. FiQure
9.7 shows the location of ISTS in Andover and Appendix 1 provides a summary
of the ISTS maintenance and desiQn proQram.
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Draft Copy - June, 2000
Page 5 of 5
Mainten~nceofSeptic Svstem: .', '. .... '.' .... .... . . '. .... ...... .. . ..
,Since 1976, me city has' an' ordinance which states. in part. that. eaph year, one half of the' city.','
.. septic systems shall receive from 'the city a mailing aboutmaintaining there septic system,This
mailing is filled out by the. homeowners and returned to the. city.' On the form it asks there
name; address;- who pumped there tank;. when the tank was. pumped;.and when thesy~tem
wash1stalledor repaired. Through this process we are abl.e to. track maintenance of the septic .,
systems in the city, and insure that septic contraCtors are applying for pumping 'permits. ..If the'
septic contractor has not applied for a permit we can then call or write to them, that a permit is. '.
. needed. .I~ is the contractors responsibility to.purchasetherequired per,mit~. '. '. .'
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FailedSepticSvstems: . . . .... '.. ..' .... . .
On systems that fail~most failures. are found by the homeowner; sOmetimes we will get a eall
frem aneighber abeutan odor;. others. are discevered at the Compliance .lrispectien.Most ()f ....
'. . " the failed systems we see: are syst~ms that were installed before 1990. "The most COmmcm
. failure we see are thedrainfields; secendmostc:emmenweuld be. tank failure; and in a few
. ..:cases we see total system failure; '. SeptIc.systems that were installed in .1970 thru .1980 had.
. drainfieldsthat were sized too small by teday's standards. this is due. to the, fine sand'Ne have ~
inour regien.. We now require designs en all new and repaired septic systems: this is a practice
that has beeninplacesi~ce1990: . .. ., .'. .. '.
. We believe that .our maintenance program is effective and beneficial to the city's residents; We
. are proactive in that; we require en allnew.rural plates a.minimum of2~5000,square fee,tareas.
set aside. and designed to' accommedate a. four' bedroem' home; during the preliminary platting
stage. In addition we require evidence of design tobe submitted; this has been arequirement.
since 1996. Anotherproactive.measurewe.takeisfequiring a larger septic tank the.nwhat is .
. required by 7080. this is alsO part of our ordinance and has been arequirefl1ent since 1978.
, Attached for your reference is a copy of1996 thru1999 septic repair reports, .anda copy of our
septic and platting .ordinances; ."
'Q4.P?- .~.~
.David Almgren. ? .'. . . ,. .' ,.'
Building Official.
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
ON-SITE SEWAGE DISPOSAL SYSTEM
~~INTENANCE REPORT
(Please complete in full and return)
1. Owner's Name (please print)
2. Address
3. Date
4. Date of Initial Installation (if known)
, Date of last repair or reconstruction of system (if known)
/ 5.
6. Date of last septic tank pumping
7. Name of firm who pumped tank
Owner's Signature
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,~ '\ CITY of ANDOVER
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1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
The City of Andover has a Private Septic System Ordinance.
Copies of this ordinance are available at City Hall. Failure of
individual systems results in problems not only for the
homeowners but also for the City Council.
Included in the Ordinance is a special section on the maintenance
of on-site sewage disposal systems. The purpose of this letter
is to inform you of the private Septic system Ordinance and also
to give you suggestions on operation and maintenance of your
system.
SUMMARY OF MAINTENANCE PORTION OF ORDINANCE
a) The City shall mail, on or before March 1 of every other
year, to each owner having an on site sewage disposal system a
set of instructions and a form to be used in reporting on your
sewage disposal system.
b) The City will be divided into two areas for purposes of
biennial reporting by property owners. The area west of C.S.A.H.
No. 9 (Round Lake Boulevard) shall report on odd years and the
'\. area east of C.S.A.H. No 9 on even years.
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c) Each property owner shall complete the maintenance repo rt on
his on-site sewage disposal system and submit the form by
September 1st of that year. The City requires that each property
owner have his septic tank pumped as often as required by
inspection, but not less than once every three (3 ) years.
Failure on the part of the property owner to submit the forms
certifying that septic tank cleaning has been done shall be cause
for the City to have. the septic tank cleaned. The Ci ty shall
contract for the cleaning service and provide the property owner
with an advance notification of the date the system will be
cleaned. The cost of this service shall be assessed to that
property.
d) A permit is required for pumping septic tanks. The
application for this permit shall be made in wri ting on a form
provided by the City. A $3.00 fee is required for this permit.
This permit information (pumping, repair, etc. ) is posted as
a permanent record for your septic system.
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e) A permit is required for installing, al t~ring, repairing or
extending an on-site sewage disposal system. The application for
this permit shall be made in writing on a form provided by the
City. A $35.50 fee is required for this permit.
f) The contractor pumping the septic tank systems must be
licensed by the City. The contractor must conform to the
/ Minnesota Department of Health and Minnesota pollution control
Agency regulations. Disposal of sludge and scum removed from the
systems shall be into a municipal sewer disposal system at a
disposal site approved by the City.
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g) Each property owner shall cooperate with the City in taking
"\ water well samples, if required, to check the adequacy of the on-
/ site sewage disposal system.
OPERATION OF SYSTEM
rounds to enter
bacterJ.al actJ.on
2) A arba is
system. W J. e J.t oes not arm t e actJ.on J.n t e tan , many more
solJ.ds are placed in the tank. The solids will need to be
removed from the septic tank more frequently when a garbage
grinder is used. A garbage grinder about doubles the rate of
solids accumulation.
3 ) Do not introduce addi ti ve s to se tic tanks. According to the
Pub J.c Hea t ServJ.ce, u.S. Department 0 Hea th, Education and
Welfare, some 1200 products - many containing enzymes - are on
the market for use in septic tanks. Extravagant claims have been
made for some of them. However, none proved advantageous in
properly controlled tests. Some addi tives cause the sludge to
"bulk", i. e. , expand in volume and be carried into the soil
treatment system. This sludge will plug the soil treatment unit
and require its replacement.
"\ 4 ) Roof drains, foundation drains
'. ) sources, producing arge constant or intermJ.ttent vo urnes of
clear water should not be piped into the septic tank. Such
volumes of water will stir up the contents of the tank and carry
some of the solids into the drain system.
5) Drainage from garage floors or other sources of oily waste
should not be put in the septic system.
6) waste brines from household water softener units have no
adverse effect on the actJ.on of the septic tank, but may cause a
slight shortening of the life of the disposal field.
septic tank pumping is more than just removing the liquid wastes.
Liquid must be drawn out and backwashed into the tank to get the
sludge into suspension and to break up the floating scum layer.
To do a proper job of removing solids it is usually necessary to
open the tank manhole. Unless this is done, it is likely that
all the solids cannot be removed.
with proper septic tank maintenance, the soil treatment system
will continue to accept sewage effluent at ~ given rate for an
indefinite time. The soil treatment system can be overloaded by
discharging more effluent into it than it was designed for.
Measuring the sludge and scum layers in your septic tank can be
easily done by the homeowner. See Figure for instructions on how
, to proceed.
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, The city Council has provided this information to assist you and
if you have questions regarding this article, please contact the
Ci ty Building Official at 755-5100.
David Almgren
Building Official
, Figure 18. Measuring sludge and scum in a ,
.~
septic tank.
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BLACK CO<.OR
DISTINGuISHES SLUOGE
LAYER fROM LIOUID
"it>
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l. The scum is measured with a pole that has a 3" x 3" piece of
plywood fastened to the bottom.
2. The pole is forced through the scum mat and then raised until
resistance from the bottom of the scum is felt. with the same
tool, measure the distance to the bottom of the outlet device.
If the layer and bottom of the outlet device are less than three
inches apart, your septic tank should be pumped. See Figure.
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, SUMMARY OF CHAPTER 7080 The Septic Ordinance
Adopting Chapter 7080 by Reference, Minimum Requirements with more
Restrictive Standards. Minnesota Rules Chapter 7080 parts 7080.0060,
7080.0130, 7080.0170, 7080.0175, 7080.0305, 7080.0700, 7080.0900,
7080.0910 relating to individual sewage treatment systems are hereby adopted
as amended and made a part of this ordinance as if fully set forth herein.
The above adopted rules are hereby amended as follows for the City of Andover:
1. The owner must upgrade or repair a system within 6 months from notice
of non compliance.
2. Minimum size tank- 3 bedroom or less is 1250 gallon.
3. Minimum size tank- 4-6 bedroom is 1500 gallon.
4. Minimum size tank- 7-9 bedroom is 2000 gallon.
5. Gravelless drainfield pipe shall not be used because of a history of
failures.
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/ 6. Maintenance report fonns shall be sent to property owners, 1/2 each year
to be filled out and retumed as to the condition of their systems. This part of the
ordinance has been in effect since 1976.
7. A requirement that all lots created after January 23, 1996 have two 5,000
S.F. areas for drainfield design for a four bedroom home.
8. That no person, finn or corporation shall design, evaluate, install,
maintain, pump or inspect unless certified by MPCA as an individual sewage
treatment system (ISTS) professional.
9. The Building Official is responsible for the administration of this
ordinance. . .
10. Any system which allows effluent to percolate from the ground shall abate
such nuisance within thirty days as set forth in this ordinance.
11: No experimental or alternate system except at city discretion.
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CITY OF ANDOVER
COUNTY OF ANOKA
/ STATE OF lvITNNESOTA
ORDINANCE NO. 221
An Ordinance repealing Ordinance No. 37, adopted August 13, 1976; Ordinance No.
37A, adopted September 7, 1976; Ordinance No. 37B, adopted September 19, 1978;
Ordinance No. 37C, adopted November 6, 1990; and Ordinance No. 370 adopted May
28, 1993.
AN ORDINANCE REGULATING THE INSTALLATION, CONSTRUCTION,
AL TERA TION, EXTENSION, REPAIR AND MAINTENANCE OF INDIVIDUAL
SEW AGE DISPOSAL SYSTEMS: REQUIRING PERMITS FOR AND LICENSING
OF PERSONS ENGAGED IN THE CONSTRUCTION AND SERVICING THEREOF;
PROVIDING FOR THE INSPECTION OF SUCH SYSTEMS, AND THE
ABATEMENT OF NUISANCES; PROVIDING FOR THE INSPECTION OF
PRIVATE WATER SYSTEMS, AND PRESCRIBING PENAL TIES FOR
VIOLATIONS THEREOF IN THE CITY OF ANDOVER.
The City Council of the City of Andover ordains as follows:
\ An Ordinance adopting Chapter 7080 Rules relating to individual sewage treatment
I
systems program.
Section 1. Adoption ofTndividual Sewa~e Treatment Standards (Chapter 7080).
The City Council of the City of Andover hereby adopts "Individual Sewage Treatment
Standards, Chapter 7080" as amended.
Section 2. Required Upuade.
7080.0060 subp.4 Required Upgrade.
...O'WIler must upgrade, replace, or discontinue use of the system within six months from
notice of noncompliance.
Section 3. Sewage Tanks.
7080.0130 Sewage Tanks.
Amend Table II
# of BedroomsLiquid Capacity (gallons)
,
3 or less 1250
4 to 6 1500
7 to 9 :!OOO
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Section 4. Final Treatment and Disposal.
7080.0170 Final Treatment and Disposal.
B. (3) Gravelless drainfield pipe
Delete entire section
Section 5. Maintenance.
7080.0175 Maintenance.
The City is divided into two areas for the purpose of biennial reporting by property
owners. The area west ofCSAH No.9 shall report on odd years and the area east of
CSAH No.9 on even years,
Each property owner shall complete the maintenance report of his on-site sewage disposal
system and submit the form by September 1st of that year. The City requires that each
property owner has his on-site sewage disposal system pumped as often as required by
inspections, but no less frequently than every three years. Failure on the part of the
property owner to have an on-site sewage disposal system cleaned when said system is
found to require cleaning shall be cause for the City to pro~de for the cleaning service
and provide the property owner with an advance notification of the date the system will
, be cleaned. The cost of this service shall be assessed to the property owner.
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Section 6. Requirements for Local Ordinances.
7080.0305 Requirements for Local Ordinances.
subp.4
E. A provision that requires all lots created after January 23, 1996 shall have two (2)
5,000 square foot areas designated and staked for the primary and secondary on-site
septic drainfield based on design criteria for a four (4) bedroom home. The designated
drainfield locations as stated above shall comply with Chapter 7080 as amended. The
location of the primary and secondary sites shall be indicated on the preliminary grading
plan and the design specifications for the drainfields shall be submitted at the time of the
. submittal of the preliminary plat.
Section 7. Licenses.
7080.0700 Licenses.
subp.l
1. No person, firm or corporation shall design, evaluate, install, maintain, pump or
. "- inspect an individual sewage treatment system unless they are certified by the Minnesota
I Pollution Control Agency (MPCA) as an Individual Sewage Treatment System (ISTS)
Professional.
2
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'\ 2. No person, firm or corporation shall engage in the business of designing, evaluating,
) installing, pumping or inspecting sucli systems in the City without first obtaining a
license from MPCA and present this to the city for verification.
3. Any installation, construction, alteration or repair of a sewage disposal system by a
licensee in violation of any provision of this Ordinance or refusal on the part ofa licensee
to correct such defective work shall be cause for revocation of or refusal to renew a
license. Said license may be revoked or its renewal refused. The licensee shall be given
a hearing by the City Council to show cause why such license should not be revoked or
refused. Notice of the time, place and purpose of such hearing shall be in writing.
Section 8. Enforcement and Inspections.
7080.0900 Enforcement.
subp.6. Any person, fum, corporation or voluntary association which violates any
provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be punished as defined by state law.
A. Enforcing Officer. The Building Official shall be responsible for the llilministration
of this ordinance.
\ B. Issuance of Permits. No building permit for any building requiring an on-site disposal
, ) system shall be issued until the required on site disposal design has been completed by a
Certified ISTS person.
C. Inspection.
1. The Building Official shall make such inspection or inspections as are necessary to
determine compliance with this Ordinance. No part of a newly constructed system, or an
existing system which has been altered, extended or repaired shall be covered until it has
been inspected and approved by the Building Official. It shall be the responsibility of the
applicant for the permit to give twenty four (24) hours prior notice to the Building
Official that the job will be ready for inspection or reinspection. It shall be the duty of
the ovroer or occupant of the property to give the Building Official free access to the
property at reasonable times for the purpose of making such inspections.
2. Ifupon inspection the Building Official discovers that any part of the system is not
constructed or operating in accordance with the minimum standards provided in this
Ordinance, he shall give the owner or applicant written notification describing the
defects. Such notice shall prescribe a reasonable time within which such defect must be
corrected. If, after such written notice is given, and the ovroer or applicant neglects or
refuses to correct such defects or fails to make the system conform to this ordinance
/ '\ within the time specified in said notice, the City shall then repair the defective system.
/ The City would acquire three bids from certified installers with the lowest bidder
repairing the system. The cost shall be assessed agai~st the property upon which the
defective system is located. No system shall be placed or replaced in service until all
3
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defects have been corrected or eliminated, and a reinspection has been made. The
"\ applicant shall pay an additional fee for each reinspection that is necessary.
/
3. Any system which allows septic tank effluent to percolate from the ground,
contaminating ground or surface waters, or causing noxious odors, or which because of
its operation or construction imperils the health, safety or welfare of the public, is
declared to be a nuisance. Upon receipt of notice of noncompliance setting forth facts
that a system constitutes a nuisance. The owner shall abate such nuisance within thirty
(30) days. Upon the failure of such owner to abate said nuisance within the prescribed
time. The city shall proceed to abate said nuisance as prescribed in Section C.2.
4. In addition to the specifications herein provided, the City may cause regular or
periodic inspections of any or all systems within the City to insure that all systems are in
proper operation and in compliance with this ordinance. It shall be the duty of the owner
or occupant of property to give the inspector free access to the property at reasonable
times for the purpose of making such inspections. If the owner does not give free access,
the City may obtain a search warrant for the purpose of determining health or safety
violations on private property.
Section 9. Alternative and E~erimental Systems.
7080.0910 Alternative and Experimental Systems.
,
, / No experimental or alternate systems except at city discretion.
Section 10 Validity.
In the event any word, phrase, sentence, clause or section is found to be in conflict with
the provision of this ordinance, the most restrictive interpretation shall apply.
Adopted by the City Council of the City of Andover this 21h day of~, 1997.
CITY OF ANDOVER
ArrEST:
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Victoria Volk, City Clerk
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, CITY OF ANDOVER -
, J COUNTY OF ANOKA
STATE OF rvrrNNESOTA
Ordinance No. 10Y
AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION
AND PLA TIING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 10 is hereby amended as follows:
Section 4. Definitions.
Buildable Lots:
:
A. In areas lacking municipal sanitary sewer. all lots or parcels shall have
an area of at least 39,000 22.500 square feet with a fmished grade of at least six
\ and on half ( 6.,3.') feet above the seasonal high water mark. All organic material
,~ shall be removed and replaced with grmular material with no more than five
percent (5%) organic material by volume. The lowest floor shall be at least three
(3') feet above the seasonal high water mark hi;hest l:Bo,..\,n aRe/or recorded ,vater
table in the area of construction pursuant to Ordinance No. 17 as amended unless
evidence i u mitted a d cert" ed v a cre tec cal e !ri eer t at a e
;eviewed a~d c~ ; ,eLva ' de e de t.e tee 'ca e 'e 'd vt 'tv
~tt~e expe ,se .. f 'he devel~~er and approved l>v ,he City Council that a separation
. f 1 5S than three (3 " feet can be achieved and is warranted.
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Page Two
Ordinance No. 10 Amendments
September 25, 1996
Section 6. Sketch Plan.
6.03(B) A rough sketch of the site showing its general shape and location of
wetlands. forested areas proposed ponding locations. adjacent roadways,
Municipal State Aid designations. waterways, and any other significant features of
the immediate area.
Section 8. Required Preliminary Plat Data.
8.02(1) A copy of~restrictive covenants, if any, concerning all abuttiu; land ~
pro:perty being platted shall be filed with the preliminary plat.
Section 9. Subdivision Design Standards.
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::= ~ct<<tie&5. Wllor. aerizo",.l ",.or liB" El.nesl ffe~ e::~ ~:~~~
~~~ :~:~h~~~~~ ~i~ de;rees, said meet centerlm~ ;~~l~~e~~:e~:~:~j'~
: .~ . ' . l' at less than v.Yo hundred (200 ) feet for mUlS!' Stre~ ~~
~~h a ;;ater radius iR the case of other streets as the Plar.nin; Commission may
~c~~~~~
;:;:: ;:;;:~:'. Where aerize~tal ,tr,,'lieas deft." frOR! ~~ ~:: h~ :,"l"
:::~:: ~=~: . (l0) de;rees, said street centerlm~ ;~~l~~e ~=e:~~' :
:: ~_ .~~ . >~ ~i~e;lc05 thoe ?Ne a".Elred (COG') f.., for Rlino~ stroot:..~~
'c a;:: ater radll m the caseof other streets as the Planum; CorrumsSlOn may
detennine.
,.
~.~;l(ll~ HO~ZOOI'1 Corv.s. Th. minim'lm hon,onlol curv. radiu, 00 minor
t eets hall e fifty (50') feet or as required bv the City Engineer.
9.06 Lots.
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A. Minimum Lot.Size. The minimum lot area and dimension shall be as
) specified in the respective zoning districts of the City Zoning Ordinance, and in
addition, the following standards shall apply:
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Page Three
Ordinance No. 10 Amendments
September 25, 1996
AI. Municipal Sanitary Sewer. In areas served by municipal sewer systems, no
lot shall contain less than 11,400 square feet nor have a width of less than eighty
(80') feet at the building setback line. Adequate rear yard area shall be provided to
maintain a utilizable space for each lot as determined by the Planning
Commission. Comer lots shall be a minimum of one hundred (100') feet wide as
measured at the building setback line or ninety (90') feet wide for back to back lots
with a thirty-five (35') foot front setback, except for two-family lots which shall be
required to be one hundred fifty (150%) percent ofa single family minimum area
and width. Residential lots shall be required to have the lowest floor to be a
minimum of three (3') feet above the mottled soils seasonal hi gh water mark or
one foot above the designated or designed one hundred year flood elevation,
whichever is higher unless evidence is submitted and certified bv a geotechnical
e~~~ee: ~~at s~all ~e ~.viewed and certified bv an independent geotechnical
\ e . ee Ired v t e Itv at the expense of the developer and approved bv the
/ ci; Cou~cil that a separation of less than three (3 ') feet can be achieved and is
warranted. Any subdivision, lot split or replatting of existing developments shall
be required to meet the standards of the original development or to meet the
average size of the existing lots. On continuing streets where houses were
constructed prior to the adoption of Ordinance 10H, adopted AprilS, 1983, the
setback shall be thirty-five (35') feet unless the existing structures would indicate a
lesser setback to maintain uniformity in R-2, R-3, R-4 districts.
A2. Areas Lacking Municipal Sanitary Sewer Within the Urban Service
Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban
Service Area, no lot shall be developed for residential purposes unless it contains a
minimum of39,000 22 500 square feet of contiguous buildable land area with a
minimum width of one hundred fifty (150) feet and a minimum depth of one
hundred fifty (150) feet and has a minimum lot width of at least one hundred sixty-
five (165') feet as measured at the front setback line. Tn addition. there shall also
:e twO~) 5~0~0 square foot areas designated and staked for the primary and
econda 0 -s'te septic d~ainfield based on the design criteria for a four (4)
bed~~~: ;~~~: ~he designated drainfield locations as sta,red above shall complv
wit a ter 708 as a~e~ded. The location of the primary and secondary sites
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, Page Four
l Ordinance 10 Amendments
September 25, 1996
~~all b~ indicated on the preliminary grading plan and the design specifications for
e dramfields shall be submitted with the submittal of the preliminary plat. Said
lot shall be required to have a minimum finished grade of at least six (6') feet
above the seasonal high water mark and also require the lowest floor to be a
minimum of three (3 ') feet above the mottled soils seasonal high water mark or
one foot above the designated or designed one hundred year flood elevation,
whichever is higher unless evidence is submitted and certified by a geotechnical
engineer that shall be reviewed and certified bv an independentindepenaant
~;~t~~h~ical ~ngineer hired bv the Citv at the expense of the develoJJer and .
a r ved bv t e Citv Council that a separation ofless than three (3 ') feet can be
achieved and is warranted. The preliminary plat shall show a feasible plan for the
future resubdivision by which lots may be in areas served by municipal water and
sanitary sewer systems.
I
A3. Areas Lacking Municipal Sanitary Sewer Outside the Urban Service
, "\ Area.
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In areas lacking municipal sanitary sewer outside the Metropolitan Urban Service
Area, no lot shall be developed for residential purposes unless it contains a
minimum of 108,900 square feet, of which 39,000 22.500 square feet of
contiguous land area is buildable with a minimum width of one hundred fifty
(150') feet and a minimum depth of one hundred fifty (150') feet. In addition.
~h~: s~al~ al:o ~e tw~ (2~ 5:000 sq~are f?ot areas designate~ and ~tak.ed for the
0r~.~arv a .d hec~nda 0 -site septIc dramfield based on deSIgn cntena for a four
4 edroom 0 e. Th~ designated drainfield locations as stated above shall
comply with Chapter 7080 as amended. The location of the primary and
:ec~~;ar::-: ~~te~::all be i~:~cated on the prelin:inary gradi~g plan and the ~esign
pecI catl s the dra elds shall be submItted at the tIme of the submIttal of
the preliminary plat. Said lot shall be required to have a minimum finished grade
of at least six (6') feet above the seasonal high water mark and also require the
, lowest floor to be a minimum of three (3') feet above the seasonal high water mark
or one foot above the designated or designed one hundred.year flood elevation,
whichever is higher unless evidence is submitted and certified bv a geotechnical
e oi eer t at all e rev ewe and certi led van 'nd e d ae t c a
e oi ee hi ed v t e tv ate ex e e the devel er a d a ved v t e
, " itv C une'l that a e aratio of Ie than three ..., eet ca e achieved d'
. / warranted. Said lot shall also have a width of at least three hundred (300') feet.as.
..,
, Page Five -
/ Ordinance No. 10 Amendments
September 25, 1996
measured at the front building setback line. For lots which abut a cul-de-sac, the
lot width at the front setback line is to be one hundred sixty (160') feet. Two lots
maximum are allowed at the end of each cul-de-sac regarding lot width.
The preliminary plat shall also show a feasible plan for the future resubdivsion by
which lots may be resubdivided to meet the size and dimension standards of lots in
areas served by municipal sanitary sewer where the City deems it necessary in
those areas that can be served in the future.
Adopted by the City Council of the City of Andover this _~ day of
September , 1996.
CITY OF ANDOVER
. J.' ~. 7ne-}{~
ATTEST: J. E. McKelvey, Mayor
\
/
(~ Ib
Victoria V olk, City Clerk
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~ City of Andover Comprehensive Plan - Chapter Six
/
D. Traffic Volume
1. Current Status
Figure 6.4 shows current traffic levels on the county road system in the City of
Andover. Roads with the highest traffic include Round Lake Boulevard NW,
Bunker Lake Boulevard NW, and Hanson Boulevard NW. The preceding roads
have volumes in excess of 10,000 vehicles per day in the southern portion of the
City.
The majority of Andover's workforce commutes south to jobs outside of the City.
Most utilize the county road system within Andover to reach principal arterials
such as US Highways 10 and 169, and Minnesota Highway 65, just outside of
the city limits. Figure 6.5 shows the major commuting routes in Andover.
2. Future Traffic Volumes
/ Figure 6.6 reflects anticipated traffic volumes on the County Road system in the
City of Andover. The most significant increase in traffic is scheduled for the major
commuting corridors, including Bunker Lake Boulevard NW, Hanson Boulevard
NW and Round Lake Boulevard NW.
Forecasted volumes were calculated using the 2015 Anoka County
Transportation Plan, and the 2020 Metropolitan Urban Service Area (MUSA)
Expansion Map. Single Family detached housing densities were figured at 2.25
homes per acre. An average of 10 trips per household was used.
E. HIGHWAY AND STREET CLASSIFICATION
Andover's roadways consist of "A" and "8" Minor Arterials, Major and Minor
Collectors and Local Streets. There are no Principal Arterials within the City.
Fiqures 6.6a and 6.6b identify existinq and proposed functional road
classifications.
1. Functional Classifications
Draft Copy - April 20, 2000
Page 3 of 10
Memorandum
IIIKD\
DATE: August 8, 1994
TO: Carl Ohm, Metropolitan Council
Jon Olson, Anoka County
B R W INC. FROM: Stephanie Eiler, BRW
Daniel Meyers, BRW
Planning RE: Anoka County Transportation Plan Update Traffic Forecasts
Transportation
Engineering
Urban Design Introduction
Thresher Square
700 Third Street So. . The forecast traffic volumes for the Anoka County Transportation Plan update
Minneapolis, were developed to provide data needed to document and analyze the expected
MN 55415 impact of an expansion of the Metropolitan Urbanized Service Area (MUSA).
612/370-0700 Selected areas of the street system in Anoka County are likely to be affected by
Fax 612/370-1378 additional vehicle traffic associated with planned and future development
within the Cities of Andover and Ramsey. The traffie forecasts will be used in:
, Denver
Milwaukee 1) conducting capacity analyses on affected screenline roadways.
Minneapolis
Orlando 2) determining where capacity deficiencies exist on the roadway system.
Phoenix
Portland 3) mitigating capacity deficiencies by improving roadways that are over
San Diego capacity,
Seattle
A total of nine traffic forecasts were developed:
1) Year 1990 Existing average daily traffic (ADT) modeled volumes using
1990 Existing roadway geometries.
2) Year 2005 Base Case ADT modeled volumes using 2005 Existing plus
Committed (E+C) roadway improvements.
3) Year 2005 Base Case ADT modeled volumes using 2005 Existing plus
Committed plus Planned (E+C+P) roadway improvements.
4) Year 2005 Expanded MUSA ADT modeled volumes using 2005 E+C
roadway improvements.
5) Year 2005 Expanded MUSA ADT modeled volumes using 2005 E+C+P
/ roadway improvements.
. .
Mr. Carl Ohm
Mr. Jon Olson "
August 8, 1994
Page 2
6) Year 2015 Base Case ADT modeled volumes using 2015 E+C roadway
improvements.
7) Year 2015 Base Case ADT modeled volumes using 2015 E+C+P roadway
improvements.
S) Year 2015 Expanded MUSA ADT modeled volumes using 2015 E+C
roadway improvements.
9) Year 2015 Expanded MUSA ADT modeled volumes using 2015 E+C+P
roadway improvements.
Forecast Methodology, Network Development, and Trip Table Development
/ The traffic forecasts were developed using the Metropolitan Council regional
travel model that operates on the transportation planning software,
TRANPLAN. Base networks and base trip tables were forwarded by the
Metropolitan Council to BRW, Inc.
The regional travel model assumes growth (in population, households, and
employment) for all cities and towns within Anoka County as well as in the
metropolitan area. Therefore, growth is assumed not only in Andover and
Ramsey but in adjacent communities.
The base networks and base trip tables were:
1) Year 1990 existing network and trip table. Actual ground counts by link
were also included in the network file. The ground count data was used
to adjust the forecast model volumes.
2) Year 2005 trip table and Year 2000 base network. The Year 2000 network
file was updated to include all Year 2005 E+C roadway improvements to
the street system in Anoka County. The Year 2005 trip table file
contained vehicle trips projected using land use forecasts provided by
the Metropolitan Council.
. .
Mr. Carl Ohm
Mr. Jon Olson \'
August 8, 1994
Page 3
3) Year 2015 base network and trip table. The network file contained all
E+C roadway improvements to the street system in Anoka County. The
roadway improvements were checked for accuracy with staff from
Anoka County. The trip table file contained vehicle trips forecast using
land use forecasts provided by the Metropolitan Council.
Additional Year 2005 and Year 2015 networks were developed for the E+C+P
roadway improvements with help from Anoka County and Cities of Andover
and Ramsey staff.
Expanded MUSA trip tables were developed for the Year 2005 and Year 2015
with input from staff at the Cities of Andover and Ramsey. Planning staff at
Andover and Ramsey identified areas outside the current MUSA line where
/ potential future housing developments would occur, and the number of houses
that would potentially be built within those areas. The specified geographic
areas were converted to the traffic analysis zone (TAZ) level. A fratar model
was used to increase vehicle trips from and to those TAZs where additional
housing would potentially be constructed within Andover and Ramsey. The
increases in vehicle trips were applied to calculate the Year 2005 and Year 2015
Expanded MUSA trip tables.
After discussions with Anoka County, Andover and Ramsey staff, it was
assumed that by the Year 2005 the expanded MUSA area would be filled with
the additional housing units listed below. Therefore, the Year 2005 Expanded
MUSA trip table is the full growth scenario (or most conservative) and not a
phased development scenario.
.Vehicle trips in TAZs 27 and 28 within the City of Andover were increased
using the above methodology. The increases in the number of households
(HH) are as follows:
Base MUSA
TAZ HH HH
27 2,750 3,886
28 2,500 3,635
Mr. Carl Ohm
Mr. Jon Olson \'
August 8, 1994
Page 4
Similarly, vehicle trips in TAZs 37, 39, 45, 46, and 48 within the City of
Ramsey were increased using the above methodology. The increases in the
number of households (HH) are as follows:
Base MUSA
TAZ HH HH
37 450 582
39 661 787
45 417 484
46 1,017 1,234
48 367 491
Trip Generation
/
The number of daily trip origins and destinations within the study zones for
the five trip table scenarios were compared as a "reasonability" check on link
assignments. The percentage increases presented below reflect changes from
regional trip generation data. Study area zones include 26 through 30 and 35
through 48. The results of this analysis are shown below:
. Year 1990 Modeled Existing - 96,581 vehicle trips.
. Year 2005 Base Case -- 151,650 vehicle trips, a 57.0 percent increase from
the base year of 1990.
. Year 2005 Expanded MUSA line -- 169,323 vehicle trips, a 75.3 percent
increase from the base year of 1990 and an 11.7 percent increase from the
Year 2005 Base Case scenario.
. Year 2015 Base Case - 191,086 vehicle trips, a 97.8 percent increase from
the base year of 1990.
. Year 2015 Expanded MUSA line - 217,668 vehicle trips, a 125.4 percent
increase from the base year of 1990 and a 13.9 percent increase from the
Year 2015 Base Case scenario.
Mr. Carl Ohm
Mr. Jon Olson "
J
August 8, 1994
Page 5
Existing. Year 2005, and Year 2015 Traffic Forecasts
Daily traffic forecasts were completed using the above mentioned
methodology, networks, trip tables for the nine scenarios listed above. Table 1
shows the average daily traffic volumes by screenline for the nine modeled
scenarios and the 1990 actual ground counts. The screenline count volumes
reported include the following and are shown in Figure 1.
. Screenlines North of Main Street between TH 169 and Lexington Avenue
1) TH 169
2) TH47
3) 7th Avenue
4) Round Lake Boulevard
5) TH 10/47
6) Coon Creek Boulevard
7) Hanson Boulevard
8) TH65
9) Radisson Road
10) Lexington Avenue
. Screenlines North of TH 610
11) Coon Rapids Boulevard
12) TH 10/47
13) Foley Boulevard
. Screenlines North of 1-694 between the Mississippi River and the Anoka
County Line
14) East River Road
15) TH47
16) TH65
. Screenlines North of 1-694 between the east edge of Hennepin County
and 1-35W
17) TH 252
18) 1-35W
TABLE 1
YEAR 1990.2005. AND 2015 A VERACE DAILY TRAFFIC (AD11
_ Scru;nlints North or Main Street betw<<n TII169 and Lexin~on Avenue
YEAR2l.XlS YEAR 2015
E+C' I E+C I E+C+P"I E+C+P E+C' I E+C 1 E+C+P"I E+C+P
Year 1990 Base Ca$C E.:<p, MUSA Base C;uc Ex.p. MUSA BaSe Ca.se Exp. MUSA Base Case Exp. MUSA
Sc~en\ine Roadwav ADT ADT ADT ADT ADT ADT A.DT ADT ADT
29.1201 I 29.62,1 I I 35.6041 36.0091
TH 169 16.000 29.S89I 29.898 37.S401 36.229
TH-l-7 '2.500 13.3001 13.7101 11.3991 18.&>8 IH68 1 18.3&>1 20.2481 20,'248
7th Avenue 10.000 20.760 I 21.9801 21.8801 22.280 2'2,08..1 n.rml 22.1941 2'2,704
Round l:1ke Blvd. 7.700 13.7811 13.9601 ,..,951 14,414 ,..8141 15.5"71 16.6441 16.S3.
TH 10/47 52.000 fi3.24S! 62.7001 62.6501 62.625 66.S86 1 67,24,1 65.6951 65.685
COM Creek Blvd. 7.245 13.135 I 13.5S5 I 13.185! 14.155 ,..1\451 16,755\ 15.ml 17.385
Hanson Blvd. 11.000 18,5801 19.m01 ls.6101 19.370 20.....,,1 21.0501 ,9.2",1 21.350
TH 65 30.500 40.8W[ 42J)401 40.5501 4\J)90 46.4601 47.2301 45.9201 46.910
Radi5son Road 2.900 5.2001 5.2201 4.6001 4.5RO 6.8301 7.620 I 5.7101 6.020
Lexington Avenue 6.100 9,945 I 10,120\ 9.780\ 10.090 llmol 1l.loo I ll.OIO! 1l.270
YEAR 1m. 200;. AND 2015 A VERACE DAILY TRAFFIC (AD11
_ Screenlines North ofTH 610
YEAR2fXJS YEAR 2015
E+C ' I E+C I E+C+P "\ E+C+P E+C' I E+C I E+C+P"I E+C+P
Year 1990 Base: Case Exp. MUSA Base Case Exp. MUS,," Base Case Exp, MUSA Base Case Exp. MU$A
Sc~en1ine ROarlw3v ADT ADT ADT ADT ADT ADT ADT ADT ADT
37.6731 I 19.00,1 43.8651 45.ml 49.8901
Coon Ro.oids Blvd. 33.0110 37,9891 40.690 51.090
70.5461 7 1.01! I I 806261 79557! 75.ml
THlIJf47 50.llOO 68.66-lJ 68.685 75.935
Foley Blvd, 16.500 19.&>0\ 19.840\ 18.3001 18.170 20,914\ 21.4591 20.093 \ 19.708
YEAR 199(1. 2005, AND 2015 A. VERAGE CAlLY TRAfFIC (ADTI
_ Screenlines North of 1.694 between the Mississippi Rlnr and the County Line
YEAR2{X)S YEAR 2015
E+C' I E+C I E+C+P"I E+C+P E+C' I E+C I E+C+P "\ E+C+P
Year 1990 Base Case E....p. MUSA. Base Case Exp, MUSA Base Case Exp, MUSA BlLSC Case Exp, MUSA
ScreenlineRo3dwav ADT ADT ADT I ADT ADT ADT I ADT ADT ADT
Enst River ROild 23.000 26.1301 26.4901 27.5.\01 2!W60 '9.Q301 19.9(,01 28.2701 26.7(.0
I 32.7401 31.630l 3.0701 12.940 I 33.8601
TH 47 31.000 3'2.SKIl! lI.680 15.990
TH 65 34.000 3S.6!51 38.620\ 37.090 I 36.890 39.3001 39.4001 38.310\ 38.360
YEAR 19'J0. 2005, AND 2015 A VERACE DAILY TRAFFIC (AD11
_ ScrunHnes North orI-694 between the Mississippi River and t.3SW
YEAR 2!Xl5 YEAR 2015
E+C' I E+C I E+C+P"I E+C+P E+C' I E+C I E+C+P"I E+C+P
Year 1990 B3Se C3Se Exp, MUS A Base Case Exp. MUSA Base Case Exp. MUSA Base Case Exp, MUSA
Screenl;ne ROlldwa.v ADT ADT ADT AOT AOT ADT ADT ADT ADT
41).2501 493901 I 5003201 5WOl 50.9201
TH252 47.500 49.4fdll J9...t70 51mO
98.4601 I I 105~801 105.970\ 104.520 I
I.JSW 86.000 98,750\ 96.7001 96.880 104.760
YEAR 1990. 200S. Al'ID 2015 A VERACE DAILY TRAFFIC (AD11
_ Scrtenllne:5 It Mississippi Kivu bridees
YEAR 2005 YEAR 201S
E+C . I E+C 1 E+C+P'- I E+C+P E+C . I E+C I E+C+P"I E+C+P
Yeall990 Base Case Exp. MUSA I Base Case 1 E:tp. MUSA. B;ue C.ue I Exp. MUSA Bue Case Exp, MUSA
. S<:reenline Roadwav ADT ADT ADT' ADT ADT ADT I ADT ADT ADT
34.RS"i I I 41.1151 ,
TH It\9Brid\!e. 3'2.500 3S.'l7S: ~fi.'l'l5 ' ~6.61J .1!).'7101 4J.41,1 J..1..795
TH 6lfl Bridge 46.rXXl I M.3IXlj 62.99111 63,070 70,0:0 71.6901 68.130\
&>."101 69.1311
I
. E + C = E:\i.~tinll + C\lmmiueiJ RlXluway Improyements
.. E + C + P = Existing + Cummitted + Planned Roadway Improvemenu
OHIOllJ9.4
Source: Metropolitan Council and BRW.lnc. C:\TEMf"l.lt.OnOS.Wlo:1
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. .
/
" Mr. Carl Ohm
, Mr. Jon Olson
August 8, 1994
Page 8
. Screenlines at the Mississippi River bridges
19) TH 169 Bridge
20) TH 610 Bridge
In order to reflect the future traffic volumes in the study area more
realistically, the plus or minus difference between the 1990 ground and 1990
modeled volumes were used to adjust the Year 2015 modeled volumes. In
most cases, as can be seen in Table 1, the 1990 ground and 1990 modeled
volumes are similar.
A final adjustment was made to Year 2005 and Year 2015 traffic volumes
crossing the TH 169 bridge. Original modeled volumes reflected a number of
vehicles that could not be accommodated by the existing or the future design
j of the TH 169 bridge. This problem is a common occurrence in modeling
where many roadways come together at one or two points for a bridge
crossing. The adjustment was made by completing a select link analysis on the
TH 169 bridge and redistributing traffic based on the results of that analysis.
The analysis showed that 33 percent of traffic on the TH 169 bridge could be
redistributed, to either the TH 101 bridge to the northwest or the TH 610
bridge to the southeast. Of that 33 percent, 61 percent are projected to use the
TH 610 bridge, and the remaining 39 percent are projected to use the TH 101
bridge. Finally, traffic volumes from the TH 169 bridge were added or
subtracted on affected roadways. The results of the redistribution of TH 169
bridge traffic volumes present a more realistic view of travel behavior within
the study area.
Development of PM Design Hour Directional Traffic Volumes
Historical traffic volume data from Anoka County and the Minnesota
Department of Transportation was used in developing PM design hour
directional volumes at the above-listed screenline locations. The factors used
for calculating ADT volumes to PM design hour directional volumes are listed
below.
1) TH 169 -- 15.2% design hour factor (DHF), 65% westbound - 35%
eastbound
2) TH 47 -- 9.77% DHF, 30% southbound - 70% northbound
3) 7th Avenue - 8.66% DHF, 55% southbound - 45% northbound
. .
" Mr. Carl Ohm
Mr. Jon Olson
August 8, 1994
Page 9
4) Round Lake Boulevard -- 9.82% DHF, 46% southbound - 54%
northbound
5) TH 10/47 - 15.2% DHF, 60% westbound - 40% eastbound
6) Coon Creek Boulevard -11.81% DHF, 31% southbound - 69%
northbound
7) Hanson Boulevard - 9.97% DHF, 32% southbound - 68% northbound
8) TH 65 -- 10.10% DHF, 40% southbound - 60% northbound
9) Radisson Road -11.5% DHF, 35% southbound - 65% northbound
10) Lexington Avenue -- 10.2% DHF, 40% southbound - 60% northbound
11) Coon Rapids Boulevard - 10.5% DHF, 40% southbound - 60%
northbound
12) TH 10/47 - 10% DHF, 40% southbound - 60% northbound
13) Foley Boulevard - 11% DHF, 30% southbound - 70% northbound
14) East River Road - 11.5% DHF, 20% southbound - 80% northbound
15) TH 47 - 9.5% DHF, 40% southbound - 60% northbound
16) TH 65 -- 10.7% DHF, 45% southbound - 55% northbound
17) TH 252 - 11.7% DHF, 35% southbound - 65% northbound
18) 1-35W -- 8.5% DHF, 40% southbound - 60% northbound
19) TH 169 Bridge -- 9.65% DHF, 40% southbound - 60% northbound
20) TH 610 Bridge -- 13.6% DHF, 40% southbound - 60% northbound
Existing, Year 2005, and Year 2015 Capacity Analysis
A capacity analysis was completed for the screenline roadway locations for the
existing conditions, the four Year 2005 modeled conditions, and the four Year
2015 modeled conditions. Table 2 displays the level of service at each
screenline roadway location. The level of service was calculated using
methodologies documented in the 1985 Highway Capacity Manual and
Highway Capacity Software.
Vehicle Miles Travelled
The number of daily vehicle miles travelled (VMT) at the screenline roadway
locations are given below.
. 1990 Existing = 565,445 VMT
/ . 2005 Base Case E+C = 696,992 VMT, 23% increase from 1990 Existing
. .
TABLE 1
YEAR llJl}(). 2005. AND lotS DESIGN HOUR LEVEL OF SERVICE (OH-LOS)
_ Sereenllnes North or Ma..In Street between TH 169 and Lnineton Avenue
YEAR 2005 YEAR "2015
..c' \ ..c I ..coP" I ..coP ..c . \ ..c I ..coP "1 ..c+p
Ye3t 1990 B:1SC Case Exp. MUSA B;LSe C~ \ Exp. MUSA Sue C:LSC Exp. MUSA B~ C3.Se Exp, MUSA
SCl'C'~nllne RoadwaY OH.LOS DH.LOS DH-LOS I OH.LOS OH-LOS OH.LOS OH.LOS! OH.LOS DH.tOS
TH 1fi9 C 0 I 0 I 0 I 0 F I F I F I F
,
TH47 0 0 I 0 I 0 I 0 E i E I E I E
7th Avenue B B I B I B \ B B I B I B I B
Round Lalce Blvd. A A I A I A I A A I A I A I A
TH 10/47 E E \ E I E I E F I F I F I F
Coon Creelc Blvd. 0 0 I 0 I 0 I 0 E I E I E I E
H:1t\~on Blvd. 0 0 I 0 I D I 0 E I E I E I E
Tll6l B C I c I c I c c c
I , I I \ I
R;wL~~on RO::ld B C c I c c 0 0 C C
Lexington Avenue C 0 \ 0 I 0 \ 0 0 I 0 \ 0 \ 0
YEAR I~)O. 2ll0S. AND 2015 DESIGN HOUR LEVEL OF SERVICE (OH.LOS)
_ Screenllnes North orTH 610
YEAR 2005 YEAR 2015
E.c . I E+C \ E.c+P" \ E.c+P E+C. I E+C \ E+C...P u \ E+C+P
Ye3t'l990 B:ue Case Eolp. MUSA Base Case Exp. MUSA Base Case Exp. MUSA Base Case Exp. MUSA
Screenline Roadway OH.lOS OH.LOS OH.LOS OH-LOS OH.LOS OH-LOS ,OH-LOS OH-LOS OH-LOS
Coon R::loids Blvd. C C I C I c \ C 0 ! 0 I D I 0
TH 10/47 0 0 I 0 I 0 I 0 . I . I . I E
Foley Blvd. 0 . \ E \ E I E . 1 E I E \ E
YEAR 19'90, 2005. AND ZOl5 DESIGN HOUR LEVEL OF SERVICE (DH.LOSl
_ Scr~nllnes f"oiorth or 1-694 betwetnlhe Mississippi River and the County Line
YEAR 2005 YEAR 2015
E+C' \ E+C \ ..c+P 00\ E.c+P E.+C. I E+C \ E...Ct-P" \ E+C...P
Year 1990 Base Case Exp, MUSA B:lSC Case Exp. MUSA Base Case i Exp, MUSA Base Case Exp, MUSA
Screenline R("I3dw3v DH.LOS DH-LOS DH-LOS OH.lOS OR-LOS OR-LOS DR-LOS DH-LOS DH.LOS
\ I I I I I
E:l...~t River RMd 0 0 0 0 0 E I E E E
TH 47 B B I B I B I B C I C I c I C
TH6S C C \ c I c \ c C I C \ C I C
YEAR 1990, 2005. AND 2015 DESIGN HOUR LEVEL OF SERVICE (DH.LOS)
_ Screenllnes North of 1.694 between the Mlsslsstppl River and 1.3SW
YEAR 2005 YEAR 2015
..c' I .+C \ .+C+P 00 \ .+C+P E...C. I E..o.C \ E...C...P ul e,....C...P
Yeu 1990 Base Case Exp, MUSA Base C.ue Exp, MUSA Base Case \ Exp. MUSA Base C.w: Exp. MUSA
ScreenlineRn:l.dw3v DH-LOS DH-LOS DH-LOS. DH-LOS DH-LOS DH.lOS I OH-LOS DH.LOS DH-LOS
TH 2~'2 . . I E \ . I . E I E I . I .
{-JSW C C \ C \ C I C 0 I D \ 0 I 0
I
YEAR 1990. 200S. AND zots DESIGN HOUR LEVEL OF SERVICE (DH.LOS)
_ 5<:reenllnes at Mlsslsoippl Rher brid~
YE,-'\R 2005 YEAR 2015
E.c' \ E+C \ E.c+P 00 \ E.c+P E.+C. i E+C \ E+C...P U \ E+C...P
Year 1990 Base Case Exp. MUS A B;tSe Case Exp. MUSA Base Case I E:tp. MUSA Base Case Exp. MUSA
Sc~e"lineRnadw3v DH.LOS DH-LOS DH-LOS DH-lOS DH.LOS OH.LDS : DH.LDS OH.LDS OH.LDS
I I \ I I ,
TH \69 Brid"e 0 0 , 0 0 D E : E F I F
\ I \ , I I
TH 610 Bridge C E E I C C E : E \ C C
. E + C '" Existill~ ... CDmmiued Roauw:l.Y Improvements
,. E... C... p =: Existing... Committed... Plan~d RoaUw3.Y tmprovemenu
Note: Level of Service C:l.IClll:l.ted using methodologies documented in the 1985 Highw3.Y Cap:l.city Mmual.
I ... 1 J.enotes level of service decrease from Ye:l.J"201S Base Case to Ye:1r 1015 MUSA E.xpwion, 0""",,",
C:\T'E.\(f\,Aon.oswlCl
SOllr~e: Metropolilllll Council. Anoka County, MnlDOT, and BRW.lnc.
. , , .
Mr. Carl Ohm
Mr. Jon Olson I'
I
August 8, 1994
Page 11
. 2005 Expanded MUSA E+C = 703,410 VMT, 24% increase from 1990
Existing and 1% increase from 2005 Base Case E+C
. 2005 Base Case E+C+P = 697,670 VMT, 23% increase from 1990 Existing
. 2005 Expanded MUSA E+C+P = 703,969 VMT, 25% increase from 1990
Existing and 2% increase from 2005 Base Case E+C+P
. 2015 Base Case E+C = 770,642 VMT, 36% increase from 1990 Existing
. 2015 Expanded MUSA E+C = 783,942 VMT, 39% increase from 1990
Existing and 3% increase from 2015 Base Case E+C
,
/ . 2015 Base Case E+C+P = 772,248 VMT, 37% increase from 1990 Existing
. 2015 Expanded MUSA E+C+P = 782,183 VMT, 38% increase from 1990
Existing and 1% increase from 2015 Base Case E+C+P
Results and Conclusions
The PM design hour volume level of service (LOS) analysis, as shown in Table
2, reveals the following:
1) Year 1990 existing conditions are primarily at LOS D, with TH 10/47
near Main Street and TH 252 near 1-696 at LOS E. In a metropolitan
area, LOS D is an acceptable level of operation.
2) Year 2005 forecast LOS for both scenarios and roadway improvements
show that four screenIine locations are operating at LOS E. This
condition will exist regardless of the MUSA expansion.
3) Year 2015 forecast LOS for both scenarios and roadway improvements
show that eight screenline locations are operating at LOS E and that
three screenline locations are operating at LOS F. This condition will
exist regardless of the MUSA expansion.
, . . .
Mr. Carl Ohm
Mr. Jon Olson ,-
August 8, 1994
Page 12
4) There is one screenline location where the LOS decreases from a C to a D
from the 2015 Base Case to 2015 Expanded MUSA. However, as stated
above, in a metropolitan area LOS D is considered an acceptable level of
operation.
cc: Dave Carlberg, City of Andover
Jim Gromberg, City of Ramsey
~ City of Andover Comprehensive Plan - Chapter Six
Hanson Boulevard will continue to be a major development node into the next
century. Anoka County has identified the section just north of Bunker Lake
Boulevard to 133rd Avenue as a mid range project. Improvements would include
expansion to a four lane undivided highway. New and projected residential and
commercial development along Hanson Boulevard will likely trigger additional
expansion to 161st Avenue NW. An additional 1 ,000 homes is anticipated for
this section of highway by 2005.
3. Travel Demand Management Strategies
It has lonq been recoqnized that a transportation system has limits for phvsical,
practical. and financial expansion. Therefore, alternative strateqies for manaqinq
travel demand are necessary. Andover supports the followinq travel demand
manaqement strateqies:
Alternative Modes
. Car poolinq and van pooling
. Public and private transit
. Bicvcling. walkinq, and non-motorized travel
Work Hour Modifications
, . Compresses work weeks
. Flexible\staggered work schedules
. Telecommuting
Travel Demand Management
. Improvements to existinq transportation modes
. Financial\time incentives
. Parkinq manaqement proqrams
. Priority treatment of ridesharers
. Emplover support measures
. Marketing and support measure
G. RIGHT-OF-WAY MANAGEMENT
1. Future Right-of-Way Preservation
Right-of-way preservation is essential to meeting the travel demands of a
growing city. Andover has identified several routes via the Municipal State Aid
and Street System to meet projected needs for collector and arterial roadways.
A map showing the location of potential future routes follows as figure 6.9
, 2. Access Management
Draft Copy - June, 2000
Page 7 of 11
@ City of Andover Comprehensive Plan - Chapter Six
G. RIGHT-OF-WAY MANAGEMENT
1. Future Right-of-Way Preservation
Right-of-way preservation is essential to meeting the travel demands of a
growing city. Andover has identified several routes via the Municipal State Aid
and Street System to meet projected needs for collector and arterial roadways.
A map showing the location of potential future routes follows as figure 6.9
2. Access Management
Andover has adopted several ordinances to regulate access on arterial and
collector streets, including the following:
. Ordinance 8 (Zoning), Section 4.04d -- Requires a permits for curb cuts
on major thoroughfares.
. Ordinance 8 (Zoning), Section 8.08e(3) -- No residential primary curb
cut\access shall be created directly upon any street of collector status
or greater unless approved by the City Engineer.
. Ordinance 10 (Platting), Section 9.03 -- No preliminary plat shall be
created with streets fronting on a state, county, or city arterial or
collector roads street entrances shall be a minimum of 660 feet on
arterials and 333 feet on collectors.
H. HIGHWAY 10/47 CORRIDOR STUDY
The City of Andover participated in a traffic corridor study in 1994 (Appendix A)
to determine how Andover's future growth would affect Highway 10/47, located
just outside the southern limits of the city. The report determined the following:
. Year 1990 existing conditions are primarily at Level of Service (LOS) D;
it increases to LOS E near Main Street in Coon Rapids. LOS D is
considered an acceptable level in a metropolitan area.
. Year 2005 forecast LOS show an increase to LOS E regardless of
MUSA expansion in Andover.
. Year 2015 forecast LOS show an increase to LOS E and F regardless
of MUSA expansion in Andover.
Draft Copy - April 20, 2000
Page 7 of 10
, CITY OF ANDOVER
, j
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Plannil1g
ITEM NO.
Contract Rezonings John Hinzman
q. City Planner
Request
Information on this item will be presented at the meeting
\
J
,
/
"' CITY OF ANDOVER
/
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Transitional Commercial Districts John Hinzman
\D. City Planner
Request
The City Council is asked to authorize a public hearing to amend Ordinance 8, Zoning
Ordinance related to the creation of transitional commercial policies or district. Changes
would better buffer commercial districts adjacent to residential areas.
"' Plannin~ and Zonin~ Commission Review
/
The Planning and ZOl1ing Commission discussed the issue on May 9t\ and were in favor
of exploring changes to the Zoning Ordinance. Please see the attached staff report for
further informatiol1.
/
, CITY OF ANDOVER
i
,
REQUEST FOR PLANNING COMMISSION ACTION
DATE: May 9, 2000
ITEM NO. 9 ORIGINATING DEPARTMENT
Discussion: Planning
Transitional Commercial Districts
(Presented at Meeting) John Hil1zman
City Planner
Background
The City Council has directed the Planning and Zoning Commission to consider
establishing a commercial zone along major roadways to serve as a buffer to adjacent
housing.
Current Ordinance
" Ordinance 8, Sections 6 & 7 establish four commercial districts. Two of the ZOl1es (NB,
J Neighborhood Business, and LB, Limited Business are intended for small areas of
localized business. The uses for the current NB and LB districts and draft zoning
ordinance NB districts are depicted on the attached chart.
Development Standards
The Commission may wish to modify the NB, Neighborhood Business District to
incorporate developmel1t standards to establish added protection l1ear residential areas.
Standards could include:
. Additional Minimum Setbacks
. Additional Screel1ing
. Hours of Operation
. Traffic
. Lighting
. Exterior Storage
Direction
Planning and Zoning Comments will be brought to the City Council for fil1al directiol1.
J
,
; NB, Neighborhood Business
&
LB. Limited Business
Uses
Use Neighborhood Limited Neighborhood
Business Business Business (Draft
Zoning Ordinance)
Day Care Centers P P P
Financial Institutiol1s P P
Medical and Dental Clinics P P P
Mortuaries & Funeral Homes P P P
Professiol1al Offices P P P
Professional Studios P P P
Rest Homes and Nursing Homes P P -
Urban Agriculture P P -
Business Schools P - -
Churches P - -
Restaurant P - P
Retail Trade and Services P - P
, Adult Uses - C -
/ Clubs and Lodges C P
-
Liquor License - C C
Motels - C -
Service Station C - C
Veterinary Clinic C - -
Bus Transit Station - - P
Drive Thru Business - - C
Essential Service - - P
Essential Service Building - -- C
Bulk Storage of Liquid Fuel - - C
Car Wash - - C
, ,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Discuss Exemption to Noise Ordinance Jeff Johnson, Zoning Administrator
Pov's Sports Bar
1851 Bunker Lake Boulevard NW
\ \.
Request
Attached is a request from Brad Povlitzki (Pov's Sports Bar, 1851 Bunker Lake Boulevard NW)
to have music (an outdoor concert) played until 12:00 midnight on July 7 and 8, 2000 during
Andover Fun Fest Days.
As per City Noise Ordinance, no noise or act which is audible at the property line is permitted
between the hours of 10:00 p.m. and 7:00 a.m. daily unless the activity is authorized by the City
Council.
If the Council approves such event, Pov's will be issued with a permit authorizing the activity
pursuant to any conditions set by Council.
Attention: Jeff Johnson
Pov's Sports Bar would like to request permission to hold an outdoor
concert the weekend of July 7, and 8 during Andover Days. We would further
like to request that the music outdoors could be played until 12 a.m. that
weekend. Thank you for your considerotion.
Sincerely,
FSAaA Pov~f0'
Brad Povlitzki
, ,
,
PAGE. 01
MAY 17 '00 14:12
j
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 230
An Ordinance repealing Ordinance No. 60, adopted June 1, 1982; An Ordinance Relating
to Noise, Providing for the Elimination and Prevention of Prohibited Noise, and Imposing
Penalties for Violation.
AN ORDIN..<\NCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION
AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENAL TIES FOR
VIOLATION IN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Intent.
The purpose of this ordinance is to protect the public health, safety and general welfare
by restricting activities which emit noise that unreasonably annoys, disturbs, injures or
/ endangers the comfort, health, peace, safety or welfare of any person or persons, or
precludes their enjoyment of property, or adversely affects their property's value.
fu:fti{tn 2._~.9im Specific:illyXmhihlli.d.
Any noise and/or act which is plainly audible at a property line of a structure or building,
or is located in the hallway or is adjacent to an apartment or condominium unit, or at a
distance of fifty (50) feet of its source between the hours of 10:00 p.m. and 7:00 a.m.
daily, sball be prima facie evidence that the noise is excessive and shall be a violation of
this ordinance.
S.e.ction 3. Exemptions.
lhe following acts or noises are permitted between the hours of 10:00 p.m. and 7:00 a.m.
daily,:
I) Equipmcnt used in connection with special events or activities which are
authorized, sponsored, permitted or. approved in the City of Andover by the
City Council, so long as the activity is conducted pursuant to the conditions of the
license, permit or contract authorizing such activity;
2) Church bells, chimes or carillons, school bells, or emergency civil defense
warning signals;
3) Anti-theft devices;
1
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees and Commissions Planning
ITEM NO.
Appoint Residents to Telecommunication Jeff Johnson, Zoning Administrator
Tower Ordinance Review Task Force
I~.
Please find attached five (5) applications that were received by Staff to volunteer and serve on
the Telecommunication Tower Ordinance Review Task Force. The Planning and Zoning
Commission and the Park and Recreation Commission met recently and have recommended that
the following commissioners serve and recommend changes to our telecommunication towers
ordinance.
Commissioners
Larry Dalien Planning and Zoning
/ Doug Falk Planning and Zoning
Paul Anderson Park and Recreation
Jim Lindahl Park and Recreation
Please review the applications and appoint as needed.
I I
/ I I
MON 11:25 H _ 8- H _ SALES P.02
MAY-22-00
-
,
/ CITY of ANDOVER
TELECOMMUNICATION TOWERS ORDINANCE REVIEW
TASK FORCE APPLICATION
Name: Bill Hentges
Address: 3061142nd Lane N.W., Andover, MN. 55304
Home Phone: 763-767-7665 Work Phone: 651-486-8688
Please state your reasons for requesting to be on the task force:
Approximately 10 months ago, I was notified of a telecommunication tower going up on
property which was in close proximity to ours. At that time, [ started to research
telecommunication towers, zoning requirements, health elTects, property values, and
public policy. After working with the council and some fellor residence of Andover,
the council decided to declare a moratorium until the cun-ent ordinance could be
/ reviewed and modified. I would like to be part of the citizen's task force that works on
this ordinance, with the intention of tailoring an ordinance that will provide for the
growing needs or the telecommunication industry while still protecting the interests of
the residence of Andover.
Describe your education/experience which qualifies you to serve on this task force:
As stated above I have done considerable research into public policy regarding the
placement of telecommunication towers. I believe that the city should develop an
ordinance that provides for the needs ofthe telecommunication industry while
representing and protects the residents interests and concerns.
I have owned and operated a small business for the last 12 years. And I believe I
understand the needs of the industry and the concerns of the residence.
Dated: May 5, 2000 ~,~~~
SIgnature
::if:J;Wi';'li~R~'l_~~Y~fJ~jii:~T:i;:;\;l::-):~ 6514866599 PAGE. 02
MAY 22 '00 12:18
CITY of ANDOVER
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Describe your education/e;{perience whiCh qualifies you to serve on.this task force:. . .'... .~
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TELECOMMUNICATION TOWERS ORDINANCE REVIEW
TASK FORCE APPLICATION
Name: ~~(A. \ L~
~;\-
. .
. Please state your reasons for requesting to be on the task force: .'. .
'.~~.'. ~d\~~&oQ.c~~L0{~~~~ .....
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I
CITY OF ANDOVER
REQUEST FORCOUNCILACTION
DATE: .hlP- 6, 2nnn
AGENDA SECTION ORlGINA TING DEPARTMENT
Non-Discussion/Consent Administration
Richard Fursnan
ITS\II NO.
\3. End of A-obationary Periodl..im Dickil1S)n
REQUEST:
The City Council is requested to acknowledge and concur that Jim Dickinson has successfully completed
his probationary period as of May 15,2000. Mr. Dickinson has demonstrated an exceptional
understanding of his work duties in a short amount of time. He has responded well when called upon for
new ideas and job tasks related and unrelated to his job description. Mr. Dickinson's pay will be adjusted
accordingly.
The Council hereby approves the recommendation ending the six-month probation of Mr. Dickinson and
granting him full-time, permanent status.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I DATE: June 06. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
Jim Dickinson
ITEM NO.
\~9 Budget Carry Forward
Request:
The City Council is requested to approve a transfer from the General Fund to the Capital
Equipment Reserve FUl1d in the amount of$370,100 to complete 1999 initiatives as part ofthe
1999 Budget and a $22,000 adjustment to the 2000 Data Processing Budget (as discussed at the
March 21, 2000 Council meeting) to fund the hiring of an Information Services Coordinator. A
tota11999 Budget Carry Forward of $392, 100.
Background:
The auditors have completed their audit of the City of Andover for the year ended December
31,1999. A representative from Kern, DeWenter, Vi ere, Ltd. Certified Public Accountants will
J present the audit at the June 20, 2000 City Council meeting. The financia1s indicate a General
Fund "Excess of Revenues and Other Financing Sources Over Expenditures" in the amount of
$700,182, of which $307,987 will be required for cash flow, leaving $392,195 available for carry
forward. Attached for your reference is a 1999 Budget Summary, and copies of the General Fund
Financial Statemel1ts for the year ended December 31, 1999.
Below is the City Staff proposed summary of uses for the Budget Carry Forward:
Amount Description
$ 2,000 Voting Booths
$ 25,000 City Hall Building Improvements
$ 22,000 IS Coordinator Funding
$ 6,100 Phone System Upgrades
$ 40,000 Fire Department Capital Outlay
$ 21,000 Park Trail Overlays and Tennis Court Maintenance
$276,000 Crack Sealing and Overlays
$392,100 Total
If there are any questions related to the request please do not hesitate in contacting me.
/
,
/ General Fund: 1999 Budget Summary
Budaet Actual Net
Total Revenues 5,510,825.00 5,698,820.00 -187,995.00
Total Expenses 6,511,113.00 5.769,609.00 741,504.00
Net -1,000,288.00 -70,789.00 -929,499.00
Other Financing Sources (Uses) 949,423.00 770,971.00 178,452.00
Excess of Revenues and Other Financing
Sources Over (Under) Expenditures -50,865.00 700.182.00 -751,047.00
Required Cash Flow Portion For 2000 Budget 307,987.00
Total Funds Available For Carry Forward 392,195.00
99yecfwrd Page 1
KERN DE\\'ENT~.. ~ 002/010
05/30/00 10:43 FAX 3202511784 .- '-"-'.- -,,- -
CITY OF ANDOVER, MINNESOTA
COMPARATIVE BALANCE SHEET - GENERAL FUND
December 31
1999 1998
ASSETS
Cash and Investments $ 1,307,493 $ 2,293,745
Taxes Receivable -
Delinquent 169,150 76,608
Special Assessments Receivable _
Deferred 46 46
Delinquent 257 257
Accounts Receivable 44,825 41,542
Interest Receivable 11,624 96,286
Due From Other Governmental Units 89,715 153,664 .
Due From Other Funds 1,578,600 0
Inventory 47,198 60,349
Prepaid Items 2,916 8,854
TOTAL ASSETS $ 3,251,824 $ 2,731,351
LIABILITIES AND FUND BALANCE
Liabilities:
Accounts Payable $ 162,215 $ 96,524
Accrued Items 119,589 72,730
Due to Other Governmental Units 22,188 36,763
Deferred Revenue 171,227 76,911
Total Liabilities 475,219 282,928
Fund Balance:
Reserved for -
Inventory 47,198 60,349
Prepaid Items 2,916 8,854
Unreserved -
Designated for W orldng Capital 2,304,648 2,196,484
Designated for Future Expenditures 0
Undesignated 421,843 182,736
Total Fund Balance 2,776,605 2,448,423
TOTAL LIABILITIES AND FUND BALANCE $ 3,251.824 $ 2.731.351
/
37
3202511784 PAGE. 02
MAY 30 '00 11:46
KER~j)EWENTER .._ ~ 003/010
05/30/00 10:44 FAX 3202511784 -._- .- - -- .- .-
CITY OF ANDOVER, MINNESOTA
STATEMENT OF REVENUES, ExPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Ended December 31,1999
1999 1998
Over
(Under)
Budget Actual Budget Actual
REVENUES:
General Property Taxes $ 3,298,518 $ 3,125,776 $ (172,742) $ 2.804,065
Licenses and Permits 431,390 609,344 177,954 694,809
Intergovernmental 961,917 864,985 (96,932) 880,697
Charges for Services 574,100 754,629 180,529 1,018,441
Fines 43,500 78,396 34,896 48,923
Miscellaneous 201,400 265,690 64,290 358,435
Total Revenues 5,510,825 5,698,820 187,995 5,805,370
EXPENDITURES:
Current -
General Government 1,800,324 1,700,086 (l00,238) 1,551,410
Public Safety 2,012,834 1,820,436 (192,398) 1,528,282
Public Works 1,708,934 1,363,875 (345,059) 1,005,394
Sanitation 189,347 119,957 (69,390) 101,039
Parks and Recreation 585,875 579,916 (5,959) 461,131
Reoycling 94,999 88,307 (6,692) 76,773
Miscellaneous 118,800 97,032 (21,768) 75,950
/ Total Expenditures 6,511,113 5,769,609 (741,504) 4,799,979
EXCESS OF REVENUES OVER (UNDER)
EXPENDITURES (1,000,288) (70,789) 929,499 1,005,391
OTHER FINANCING SOURCES (USES):
Operating Transfers In 949,423 777,200 (172,223 ) 464,020
Operating Transfers Out 0 (6,229) (6,229) 0
Proceeds from Sale of Property 0 0 0 2,303
Total Other Financing SoW'Ces (Uses) 949,423 770,971 (178,452) 466,323
EXCESS OF REVENUEs AND OTHER
FINANCING SOURCES OVER
EXPENDITURES AND OTHER USES $ (50.865) 700,182 $ 751.047 1,471,714
FUND BALANCE - JallU3.Iy 1 2,448,423 1,846,747
RESIDUAL EQUITY TRANSFER (372.000) (870,038)
FUND BALANCE - December 31 $ 2,776.605 $ 2,448,423
38
.
"I?Vl~117~<l PAr.i= Vl"l
MAY 30 '00 11:4S
KERN DF;JY.E~R . ~ 004/010
05/30/00 10:44 FAX 3202511784 ,---.--. --.- - .-
CITY OF ANDOVER, MINNESOTA
STATEMENT OF REVENUES. EXPENDITURES AND
CHANGES IN FUND BALANCE. BUDGET AND ACTUAL
GENERAl. FUND
Year Ended December 31, 1999
(Continued)
1999 1998
Over
(Under)
Budget ActUal Budget Actual
REVENUEs:
General Property Taxes $ 3,298,518 $ 3,125,776 $ (I 72,742) $ 2,804,065
Licenses and Permits 431.390 609,344 177.954 694,809
Intergovernmental Revenue _
CDBG GTants 40.000 15,556 (24,444) 29,974
Local Government Aid 111.145 111,145 0 122,651
HACA and Local Performance Aid 367,375 367,520 145 368,956
COPS GTant 110,000 36,250 (73,750) 23,750
Street Maintenance 140,000 140,000 0 140,000
Fire Department Aid 65,000 60,599 (4,401) 57,830
Disaster Relief Aid 0 0 0 0
Other Grants 128,397 133,915 5,518 137,535
Total Intergovernmental Revenue 961,917 864,985 (96.932) 880,697
Charges for Services _
/ General Government 570,600 749,289 178,689 1,012,761
Utility Funds 3,500 5,340 1,840 5,680
Total Charges for Services 574,100 754,629 180,529 1,018,441
Fines 43,500 78,396 34,896 48,923
Miscellaneous -
Assessments 0 301 301 647
InvestnentIncotnc 25,000 62,041 37,041 177,570
Rent 27,000 31,407 4,407 30,384
Donations 0 0 0 0
Refunds and Reimbursements 16,000 34,503 18,603 13,751
Street Light Fees 119,800 128,978 9,178 124,114
COtnputer Services 12,000 7,870 (4,130) 10,865
Other 1,600 490 (1,110) 1,094
Total Miscellaneous 201 ,400 265,690 64,290 358,435
Total Revenues 5,510,825 5,698,820 187,995 5,805,370
39
.
3202511784 PAGE. 04
MAY 30 '00 11:46
KERN DEW~NTER ~ 005/010
05130/00 10:44 FAX 3202511784 -- -- - --'--_.- - -
CITY OF ANDOVER, MINNESOTA
I STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Ended December 31, 1999
(Continued)
1999 1998
Over
(Under)
Budget Actual Budget Actual
EXPENDITURES:
General Government _
Mayor and City Council-
Personal Services $ 37,032 .$ 37,780 .$ 748 .$ 20,024
Materials and Supplies 400 67 (333) 209
Purchased Services 16,000 16,719 719 15,321.
Other Services and Charges 23,422 22,267 0,155) 22,834
Total Mayor and City Council 76,854 76,833 (21) 58,388
Newsletter -
Purchased Services 17,000 16,941 (59) 7,200
City Clerk -
Personal Services 82,271 81,646 (625) 76,363
Materials and Supplies 480 505 25 881
Purchased Services 16,607 16,544 (63) 15,623
Other Senrices and Charges 1,150 1,699 549 2,164
Total City Clerk 100,508 100,394 (114) 95,031
Administration -
Persona! Services 66,962 67,248 286 62,076
Materials and Supplies 2,500 2,195 (305) 2,045
Purchased Services 13,419 13,828 409 12,760
Other Services and Charges 4,047 3,536 ~511~ 4,539
Total Administration 86,928 86,807 121 81,420
Financial Administration -
Personal Services 198,661 191,518 (7,143) 164,065
Materials cmd Supplies 3,742 3,938 196 2,976
Purchased Services 4,921 6,100 1,179 4,298
Other Services and Charges 6,182 6,497 315 4,339
Capital Outlay 1,500 153 ?,347~ 0
Total Financial Administration 215,006 208,206 6,800 175,678
Elections -
Personal Services 1,516 1.566 50 11,860
Materials and Supplies 0 0 0 146
Purchased Services 0 0 0 1,305
Capital Outlay 2,000 0 (2,000) 0
Total Elections 3,516 1,566 (1,950) 13 ,311
Assessing -
Purchased Services 76,000 77,578 1,578 75,197
Legal and Accounting _
Purchased Services 116,500 126,340 9,840 105,662
/
40
.
3202511784 PAGE. 05
MAY 30 '00 11:47
KERN DEII'ENTER ~ 006/010
05/30/00 10:45 FAX 3202511784 - -- - ---
CITY OF ANDOVER. MINNESOTA
" STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Endcd December 3 I, 1999
(Continued)
1999 1998
Over
(Under)
Budget Actual BUdget Actual
EXPENDITURES: (Continued)
General Govenunent - (Continued)
Planning and Zoning _
Personal Services $ 176,735 $ 179,815 $ 3,080 $ ]49,097
Materials and Supplies 5,000 5,334 334 4,018
Purchased Services 10,598 9,899 (69.9) 6,628'
Other Services and Charges 7,918 5,052 (2,86~ 4,829
Total Planning and Zoning 200,251 200, I 00 (151 164,572
Data Processing _
Personal Services 0 9,117 9,117 0
Materials and Supplies 66,550 39,640 (26,910) 42,608
Capital Outlay 0 2,517 2,517 2,245
TOlal Data Processing 66,550 51,274 ( 15,276) 44,853
City Hall Building _
, Materials and Supplies 6,500 5,446 (l,054) 5,813
/ Purchased Services 38,275 37,573 (702) 38,064
Other Services and Charges 23,125 16,022 (7,103) 14,467
Capital Outlay 0 0 0 997
Total City Hall Building 67,900 59,041 (8,859) 59,341
Fire Department Building _
Materials and Supplies 5,700 3,194 (2,506) 1,951
Purchased Services 38,550 29,803 (8,747) 31,454
Other Services and Charges 9,500 6,082 (3,418) 8,582
Total Fire Department Building 53,750 39,079 (14,671) 41,987
Public Works Building _
Materials and Supplies 18,199 7,747 (10,452) 15,962
Purchased Services 38,899 37,565 (1,334) 38,529
Olher Services and Charges 189,245 184,479 (4,766) 182,893
Capital Outlay 0 0 0 688
Total Public Works Building 246,343 229,791 (16,552) 238,072
Senior Citizen Center _
Materials and Supplies 800 50 (750) 452
Purchased Services 7,280 6,875 (405) 6,727
Other Services and Charges 4,100 4,636 536 2,275
Total Senior Citizen Center 1l,180 ll,561 (619) 9,454
Equipment Building-
Materials and Supplies 1,000 (15) (1,015) 2,543
Purchased Services 13,750 974 (12,776) 1,024
Other Selyjces and Charges 1,400 0 (l,400) 814
, Total Equipment Building 16,150 959 (15, (91) 4,381
.. 41
.
3202511784 PAGE. 06
MAY 30 '00 11:47
KERN DEWENTER ~007/010
05/30/00 10:45 FAX 3202511784 ---- - .---
CITY OF ANDOVER, MINNESOTA
STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Ended December 31,1999
(Continued)
1999 1998
Over
(Under)
Bud~et Actual Budget Actual
EXPENDITURES: (Continued)
General Government - (Continued)
City Hall Garage -
Materials and Supplies $ 150 $ 237 $ 87 $ 3
Purchased Services 1,725 703 (I ,022) 503
Total City Hall Garage 1,875 940 (935) 506'
Field of Dreams Building-
Materials and Supplies 2,120 2,604 484 2,526
Purchased Services 17,022 15,880 (1,142) 16,282
Other Services and Charges 7,300 5,651 (1,649) 2,373
Total Field of Dreams Building 26,442 24,135 (2,307) 21,181
Engineering -
Personal Services 364,504 349,451 (15,053) 303,832
Materials and Supplies 17,500 9,842 (7,658) 10,400
Purchased Services 8,310 9,268 958 7,199
/ Other Services and Charges 14,757 8,591 (6,166) 11,220
Capital Outlay 11 ,500 11,389 (Ill) 22,525
Total Engineering 416,571 388,541 (28,030) 355,176
Total General Government 1,800,324 1,700,086 (100,238) 1,551,410
Public Safety -
Police -
Purchased Services 1,012,092 927,868 (84,224) 719,670
Total Police 1,012,092 927,1$68 (84,224) 719,670
Fire Protection -
Personal Services 417,078 367,309 315,148
Materials and Supplies 29,100 24,414 22,757
Purchased Services 18,810 18,046 16,971
Other Services and Olarges 142,025 135,831 125,541
Capital Outlay 62,000 22,183 22,475
'T otal Fire Protection 669,013 567,783 502,892
Protective Inspection.
Personal Services 276,144 274,287 (1,857) 240,635
Materials and Supplies 9,850 ll,315 1,465 9,336
Purchased Services 5,474 4,705 (769) 21,348
Other Services and Ch2fges 14,226 14,608 382 10,842
Capital Outlay 0 628 628 837
Total Protective Inspection 305,694 305,543 (151) 282,998
42
,
'.
3202511784 PAGE. 07
MAY 30 '00 11:48
KEEN DEWEN~ ~ 008/010
05/30/00 10:45 FAX 3202511784 _.- -.. - ---
CITY OF ANDOVER, MINNESOTA
/ STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Ycar Ended December 31,1999
(Continued)
1999 1998
Over
(Under)
Budget Actual Budget Actual
EXPENDITURES: (Continued)
Public Safety - (Continued)
Civil Defense -
Personal Services $ 3,160 $ 3,252 $ 92 $ 3,034
Materials and Supplies 4,450 214 (4,236) 5,054
Purchased Services 1,450 1,267 (183) 1,223'
Other Services and Charges 3,650 2,445 ~1,205~ 3,557
Total Civil Defense 12,710 7,178 5,532 12,868
Animal Control.
Materials and Supplies 250 119 (131) 181
Purchased Services 13,075 11,945 ~1,130~ 9,673
Total Animal Control 13,325 12,064 1,261 9,854
Total Public Safety 2,012,834 1,820,436 (192,398) 1,528,282
, Public Works-
/ Streets and Highways -
Persona! Services 131,512 195,495 63,983 158,818
Materials and Supplies 27,357 20,546 (6,811) 21,240
Purchased Services 15,402 17,170 1,768 15,512
Other Services and Charges 810,759 477,789 S32,970) 277,308
Total Streets and Highways 985,030 711,000 274,030) 472,878
Snow and Ice Removal-
Personal Services 228,224 170,292 (57,932) 106,399
Materials and Supplies 126,400 124,877 (1,523) 84,861
Purchased Services 3,070 2,520 (550) 2,422
Other Services and Charges 82,573 83,256 683 70,220
Capital OUtlllY 0 0 0 1,124
Total Snow and Ice Removal 440,267 380,945 (59,322) 265,026
Street Lighting -
Purchased Services 26,000 21,776 (4,224) 20,964
Other Services and Charges 200 150 (50) 350
Capita! Outlay 10,000 7,050 (2,950) 3,060
Billed Services 113,700 113,244 (456) 112,575
Total Street Lighting 149,900 142,220 (7,680) 136,949
Street Signs -
Personal Services 55,793 71,922 16,129 61,521
Materials and Supplies 29,150 34,486 5,336 43,830
Purchased Services 316 628 312 176
Other Services and Charges 23,478 8,420 05,058) 7,664
Total Street Signs 108,737 115,456 6,719 113,191
43
.
.
3202511784 PAGE. 08
MAY 30 '00 11:48
KE1YLDEI'f'ENTER ~ 009/010
05/30/00 10:46 FAX 3202511784 - - --..-... - -- --
CITY OF ANDOVER, MINNESOTA
STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Ended December 31,1999
(Continued)
1999 1998
Over
(Under)
Budget Actual Budget Actual
EXPENDITURES: (Continued)
Public Works - (Continued)
Traffic Signals-
Purchased Services $ 25,000 $ 14,254 $ (10,746) $ 17,350
Total Public Works 1,708,934 1,363,875 (345,059) 1,005,394'
Sanitation -
Stoml Sewers.
Personal Services 47,390 54,865 7,475 21,481
Materials and Supplies 4,500 4,128 (372) 12,103
Purchased Services 831 231 (600) 296
Other Services and Charges 67,765 14,887 (52,878) 32,813
Capital Outlay 30,000 20,000 (10,000) 0
Total Stonn Sewers 150,486 94,ll1 (56,375) 66,693
Tree Preservation and Weed Control-
/ Personal Services 11,157 11,881 724 21,331
Materials and Supplies 4,750 1,776 (2,974) 1,413
Purchased Services 12,454 758 (11,696) 4,644
Other Services and Charges 10,500 11,431 931 6,958
Total Tree Preservation and
Weed Control 38,861 25,846 (13,015) 34,346
Total Sanitation 189,347 119,957 (69,390) 101,039
Parks and Recreation _
Personal Services 264,691 263,924 (767) 196,923
Materials and Supplies 52,400 53,958 1,558 42,704
Purchased Services 26,100 28,097 1,997 25,297
Other Services and Charges 93,626 83,017 (10,609) 73,155
Capital Outlay 60,000 64,100 4,100 40,818
Miscellaneous 89,058 86,820 ~2,23 8) 82,234
Total Parks and Recreation 585,875 579,916 5,959) 461,131
Recycling -
Personal Services 53,063 50,229 (2,834) 39,585
Materials and Supplies 6,050 1,062 (4,988) 1,118
Purchased Services 7,100 2,169 (4,931) 3,202
Other Services and Charges 24,786 30,222 5,436 29,943
Capital Outlay 4,000 4,625 625 2,925
Total Recycling 94,999 88,307 (6,692) 76,773
. 44
3202511784 PAGE. 09
MAY 30 '00 11:48
KERN DEWENTER ~ 010/010
05/30/00 10:46 FAX 3202511784 - .- - ---
CITY OF ANDOVER, MINNESOTA
STATEMENT OF REVENUES, EXPENDITURES AND
CHANGES IN FUND BALANCE - BUDGET AND ACTUAL
GENERAL FUND
Year Ended December 31, 1999
(Cominued)
1999 1998
Over
(Under)
Budget Actual Bud.e;et Actual
EXPENDITURES: (Continued)
Unallocated -
CDBG $ 35,000 $ 17,884 $ (I 7,116) $ 30,211
Illsurance 32,000 24,590 (7,410) 27,969
Miscellalleous 51,800 54,558 2,758 17,770
Total UnaIlocated 118,800 97,032 (21,768) 75,950,
Total Expenditures 6,511,113 5,769,609 (741,504) 4,799,979
EXCESS OF REVENUEs OVER (UNDER)
EXPENDITURES (1,000,288) (70~ 789) 929,499 1,005,391
OTHER FINANCING SOURCES (USES):
Operating Transfers In 949,423 777,200 (172,223) 464,020
Operating Transfers Out 0 (6,229) (6,229) 0
Proceeds from Sale of Property 0 0 0 2,303
Total Other Financing Sources (Uses) 949,423 770,971 (178,4521: 466,323
EXCESS OF REVENUEs AND OTHER.
FINANCING SOURCES OVER
EXPENDITURES AND OTHER USES S (50.865) 700,182 $ 751.047 1,471,714
FUND BALANCE - January 1 2,448,423 1,846,747
RESIDUAL EQUITY TRANSFER. (372,000) (870,038)
FUND BALANCE - December 31 $ 2,776,605 $ 2,448,423
45
3202511784 PAGE. 10
MAY 30 '00 11:49
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: lune 06, 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
Jim Dickinson
ITEM NO.
E~~S Liability Insurance Update
\ '
Request:
The City Council is requested to review the attached League of Minnesota Cities Insurance Trust
(LMCIT) research memos, for a forthcoming request to consider canceling the City's Excess
Liability Insurance coverage.
Background:
Upon receipt ofthe City's invoices from the LMCIT for annual premiums, the Finance
Department decided to do a complete internal audit of our insurance premiums and the type of
coverage being procured. Some savings have been found relate property insurance coverage that
will generate credits and are currently being requested by our Agent. Other areas such as whether
or not the City should be procuring excess liability insurance coverage (annual cost of$18,000)
are still being researched.
The research memos provide a good background, but additional research and legal advice would
definitely be appropriate.
Ifthere are any questions or feedback related to this matter please do not hesitate in contacting me
at 767-5110.
,
LMCIT
Risk Management Information
Leagwz 0/ Minnesota Cifiell 145 University Avenue West, St. Paul, MN 55103-2044
Cinfl6 promoting excenen~ Phone: (651) 281-1200 . (800) 925-1122
Fax: (651) 281-1298 . TDD (651) 281-1290
Web Site: http://www.lmnc.org
LMCIT LIABILITY COVERAGE OPTIONS
LIABILITY LIMITS, COVERAGE LIMITS, AND WAIVERS
LMCIT gives cities several options for structuring their liability coverage. The city can choose
either to waive or not to waive the monetary limits that the statutes provide; and the city can
select from among several liability coverage limits. This memo discusses these options and
identifies some issues to consider in deciding which of the options best meets the city's needs,
What are the statutory limits on municipal tort liability?
The statutes limit a city's tort liability to a maximum of $300,000 per claimant and $1,000,000
per occurrence. These limits apply whether the claim is against the city, against the individual
officer or employee, or against both.
What are the coverage limits for LMCIT's basic primary liability coverage?
LMCIT's liability coverage provides a limit of$I,OOO,OOO per occurrence, matching the per-
occurrence part of the statutory municipal tort liability limit. Under the basic coverage form the
$300,000 per claimant part of the statutory liability limit is not waived, so if the statutory limit
applies to the particular claim, LMCIT and the city would be able to use that limit as a defense.
Beside the overall coverage limit of $1,000,000 per occurrence, there are also annual aggregate
limits (that is, limits on the total amount of coverage for the year regardless of the number of
claims), for certain specific risks. Aggregate limits apply to the following:
* The limit applies to both damages and defense costs,
** Coverage is on a sliding scale percentage basis,
/
If the statute limits our liability to $1,000,000 per occurrence, why would the city purchase
higher coverage limits than that?
There are several different reasons why cities should strongly consider carrying higher limits of
liability coverage.
1. The statutory tort limits either do not or may not apply to several types of claims.
Some examples include:
. Claims under federal civil rights laws. These include Section 1983, the Americans with
Disabilities Act, etc.
. Claims for tort liability that the city has assumed by contract, This occurs when a city
agrees in a contract to defend and indemnify a private party.
. Claims for actions in another state. This might occur in border cities that have mutual
aid agreements with adjoining states, or when a city official attends a national conference
or goes to Washington to lobby, etc.
. Claims based on liquor sales. This mostly affects cities with municipal liquor stores, but
it could also arise in connection with beer sales at a fire relief association fund-raiser, for
example.
/ . Claims based on a "taking" theory. Suits challenging land use regulations frequently
include an "inverse condemnation" claim, alIeging that the regulation amounts to a
"taking" of the property,
2. LMCIT's primary liability coverage has annual limits on coverage for a few specific
risks, The table on page 1 lists the liability risks to which aggregate coverage limits
apply. If the city has a loss or claim in one of these areas, there might not be enough
limits remaining to cover the city's full exposure ifthere is a second loss of the same sort
during the year. Excess liability coverage gives the city additional protection against this
risk as well.
However there are a couple of important restrictions on how the excess coverage applies
to risks that are subject to aggregate limits:
. The excess coverage does not apply to three risks: lead and asbestos; failure to
supply utilities; and Y2k; and
. The excess coverage does not automatically apply to liquor liability unless the city
specifically requests it.
3. The city may be required by contract to carry higher coverage limits. Occasionally,
a contract might include a requirement that the city carry more than $1,000,000 of
coverage limits. Carrying excess coverage is a way to meet these requirements. (There's
2
also another option for cities in this situation. LMCIT can issue an endorsement to
increase the city's coverage limit only for claims relating to that particular contract.
There's a small charge for these "laser" endorsements.)
4. There may be more than one political subdivision covered under the city's coverage,
An HRA, EDA, or port authority is itself a separate political subdivision, If the city
EDA, for example, is named as a covered party on the city's coverage and a claim were
made that involved both the city and the EDA, theoretically the claimant might be able to
recover up to $1,000,000 from the city and another $1,000,000 from the EDA, since there
are two political subdivisions involved, Excess coverage is one way to provide enough
coverage limits to address this situation. Another solution is for the HRA, EDA, or port
authority to carry separate liability coverage in its own name.
This issue of multiple covered parties can also arise is if the city has agreed by contract to
name another entity as a covered party, or to defend and indemnify another entity.
5. Cities sometimes choose to carry higher coverage limits because of a concern that
the courts might overturn the statutory liability limits, However, those limits have
now been tested and upheld several times in Minnesota. While it's always possible that a
future court might decide to throw out the statutory limits, this is now less of a concern.
What excess liability coverage limits are available?
/
Excess coverage is available in $1 million increments, up to a maximum of $5 million,
We're just a small city. Isn't excess liability coverage really just something that big cities
might need?
Absolutely not. If anything, excess liability coverage is even more important to a small city.
If a city ends up with more liability than it has coverage, the city will have to either draw on
existing funds or go to its taxpayers to pay that judgment. A large city faced with, say, a million
dollars ofliability over and above what its LMCIT coverage pays might be able to spread that
$1 million cost over several thousand taxpayers, The small city by contrast might be dividing
that same $1 million cost among only a couple hundred taxpayers. $1 million divided among
5000 taxpayers is $200 apiece - annoying but probably at least manageable for most taxpayers.
$1 million divided among 200 taxpayers is $5000 apiece - enough to be a real problem for many.
How does excess coverage apply to uninsuredlunderinsured motorist coverage?
If the city carries excess liability coverage, the city has the option to have the excess coverage
also apply to uninsured or underinsured motorist (UMlUIM) claims. To do so, the city must first
increase its primary UMlUIM limit from the basic $50,000 to $1,000,000, There are additional
3
,
premium charges both to increase the primary UM/UIM limit and to apply the excess coverage
to the UM/UIM exposure. The city needs to consider whether the benefit from having higher
UM/UIM limits is worth that cost.
The UM/UIM coverages are intended to assure that an injured driver will be compensated if s/he
is injured in an accident caused by an uninsured or underinsured driver. The UMJUIM coverage
steps into the place of the liability insurance that the driver should have had.
Keep in mind that in the case of city vehicles, an injury to the driver while operating a city
vehicle would in most cases be covered by workers' compensation. The amounts the individual
would be able to recover from UM/UIM would be in addition to the medical, indemnity, and
other benefits paid under work comp, In many cases, it would amount to a double recovery for
the individual's injuries.
A city might decide to cany a higher limit for a couple reasons: if they believe the workers'
compensation benefits are insufficient to compensate their injured employees; or if they want to
make sure that non-employees riding in city vehicles are fully compensated in the event of an
accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's
own UM/UIM would also respond.)
LMCIT now gives the cities who participate in the primary liability coverage the option to
waive the $300,000 per claimant statutory liability limit. What's the effect if we do this?
If the city chooses the "waiver" option, the city and LMCIT no longer can use the statutory limit
of $300,000 per claimant as a defense. Because the waiver increases the exposure, the premium
is roughly 3% higher for coverage under the waiver option.
If the city waives the statutory limit, an individual claimant could therefor recover up to
$1,000,000 in damages on a claim. Of course, the individual would still have to prove to the
court or jury that s/he really does have that amount of damages, Also, the statutory limit of
$1,000,000 per occurrence would still apply; that would limit the individual's recovery to a
lesser amount if there were multiple claimants.
Why would the city choose to pay more in order to get the waiver-option coverage? Does it
give the city better protection?
No. Buying coverage under the "waiver" option doesn't protect the city any better. The benefit
is to the injured party.
The statutory liability limit only comes into play in a case where
1) the city is in fact liable; and
2) the injured party's actual proven damages are greater than the statutory limit.
4
Very literally, applying the statutory liability limit means that an injured party won't be fully
compensated for hislher actual, proven damages that were caused by city negligence. Some
cities as a matter of public policy may want to have more assets available to compensate their
citizens for injuries caused by the city's negligence. Waiving the statutory liability limits is a
way to do that.
Other cities may feel that the appropriate policy is to minimize the expenditure of the taxpayers'
funds by taking full advantage of every protection the legislature has decided to provide. There's
no right or wrong answer on this point. It's a discretionary question of city policy that each city
council needs to decide for itself.
How would the waiver affect our city's coverage or risk on those claims that the statutory
tort liability limits don't apply to?
It doesn't. Waiving the statutory tort limits has no effect on claims that the statutory limits don't
apply to.
What's the effect of waiving the statutory limits if we have excess coverage?
If the city has $ I million of excess coverage and chooses to waive the statutory tort limits, the
claimants (whether it's one claimant or several) could then potentially recover up to $2 million in
damages in a single occurrence. Ifthe city carries higher excess coverage limits, the potential
maximum recovery per occurrence is correspondingly higher.
Carrying excess coverage under the waiver option is a way to address an issue that some cities
find troubling: the case where many people are injured in a single occurrence caused by city
negligence. Suppose, for example, that a city vehicle negligently runs into a school bus full of
kids, causing multiple serious injuries. $1,000,000 divided 50 ways may not go far toward
compensating for those injuries. Excess coverage under the waiver option makes more funds
available to compensate the victims in that kind of situation.
The cost of the excess liability coverage is about 25% greater if the city waives the statutory tort
limits, The cost difference is proportionally greater than the cost difference at the primary level
because for a city that carries excess coverage, waiving the statutory tort limits increases both the
per-claimant exposure and the per-occurrence exposure.
If we waive the statutory tort liability limits, does it increase the risk that the city will end
up with liability that LMCIT doesn't cover?
No. The waiver form specifically says that the city is waiving the statutory tort liability limits
only to the extent ofthe city's coverage.
5
1
Of course, that's not to say that there is no risk that the city's liability could exceed its coverage
limits, We listed earlier a number of ways that could happen to any city. But the waiver doesn't
increase that risk,
Can we waive the statutory tort limits for the primary coverage but not for the excess
coverage?
No. If the city decides to waive the statutory tort limits, that waiver applies to the full extent of
the coverage limits the city has. The city cannot partially waive the statutory limits.
I'm confused. Is there a simple way to summarize the options?
It's not necessarily simple, but the table on the following page is a shorthand summary of what
the effect would be of the various coverage structure options in different circumstances.
I'm still confused. Who can I talk to?
Give us a call at the League office. Pete Tritz, Tom Grundhoefer, Doug Gronli, or any of
LMCIT's property/casualty undeIWriters will be glad to talk with you.
6
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/ LMC LMCIT
Risk Management Information
League of Minnesota Cities 145 University Avenue West, St. Paul, MN 55103-2044
Cities promoting excenence Phone: (651) 281-1200. (800) 925-1122
Fax: (651) 281-1298 . TDD (651) 281-1290
Web Site: http://W\\W.lmnc.org
THINGS TO THINK ABOUT
WHEN RENEWING YOUR CITY'S
PROPERTY/CASUALTY COVERAGE
LMCIT tries to make buying coverage for the city's property and liability exposures as simple
and straightforward as possible, but it can still be a complicated and confusing business.
Unfortunately, overlooking or misunderstanding some of these points can result in an unpleasant
surprise at claim time.
For renewals after November 15, 1999, we've revised the LMCIT property and liability
coverage. The "Property and Liability Coverage Changes" memo that was sent to all agents and
cities explains these specific changes in more detail.
I This memo is intended to provide a list of all issues or points that should be considered when
renewing your coverage. In most cases, the need for the city to take a specific action is described.
Property Coverage Issues
What to Schedule
At renewal, a schedule ofbuildinglcontents, and property in the open will be attached to the
renewal application, Please review this schedule for accuracy. It may not include some recent
changes, or there may be a need to delete, add or modify items on the schedule.
Essentially, the city needs to provide three lists of property to be covered:
. Each building for which you want coverage. Any building you list on the schedule is
covered for replacement cost, along with the building's contents,
. Each piece of mobile equipment with a replacement cost ofmore than $25,000, "Mobile
equipment" means property other than vehicles that's not part of a building or the building's
contents. It's basically the kind of stuff that would traditionally have been covered by an
"inland marine" form. (It also includes police dogs.) Items of mobile equipment with a
replacement cost ofless than $25,000 can be covered automatically without having to be
specifically scheduled if the city wishes. The city needs to indicate on the application
whether or not they want coverage for under-$25,000 items.
/
. Property in the open. This is a "catch-all" category of property. It's essentially stuff that
isn't a building and that doesn't move around, Hydrants, signs, streetlights, flagpoles,
fences, CD sirens, tennis nets, picnic shelters, etc. are typical examples. You need to identify
the property in the open that you want to cover. This can be done either by listing individual
items (e,g" "the 'Welcome to Mosquito Heights' sign on Main Street"), by location (e.g.,
"property in the open at Mosquito Heights City Park" or "property in the park except picnic
benches"), or by some other general description (e.g., "all street lights in the city").
Crime Coverage
All cities automatically receive a $100,000 of coverage for crime losses, as part of the property
coverage. This should be sufficient for most cities, but higher limits are available if needed.
Flood and Water Damage
The city needs to identify whether or not each building is in a "flood hazard area". A "flood
hazard area" is an area that is either within the 500-year floodplain as mapped by NFIP, or is in
an unmapped area, On a case by case basis, buildings in unmapped areas can be treated as not
being in a flood hazard area if you can provide information to the underwriter showing that it's
not at significant risk of flooding.
Buildings not in a flood hazard area are covered for water damage, including floods. Buildings
in a flood hazard area are covered for water damage except for flood.
For any building in a flood hazard area, the city must decide whether to add the supplemental
flood coverage which LMCIT makes available as an option. The supplemental flood coverage
"wraps around" the NFIP flood insurance, picking up flood damages that the NFIP policy
doesn't cover. The supplemental flood coverage is available only if the city has purchased NFIP
flood insurance for the building at the maximum limit available.
If your city has received FEMA disaster assistance for a flood in the past, it's especially
important to consider NFIP flood insurance and the LMCIT supplemental flood coverage, For
any future flood disaster in a city that's received FEMA aid in the past, FEMA assistance would
be reduced by the amount that could have been covered by NFIP flood insurance - whether you
have the NFIP flood insurance or not.
Golf Courses
A golf course will now need to be listed on the schedule of "property in the open" in order for
this type of property to be covered, The coverage limit for this golf course property is $100,000,
including costs of debris removal. Coverage for loss of revenue, extra expense, and expediting
expense is not subject to the $100,000 limit on golf courses, but is subject to the $5,000,000 per
occurrence limit.
Property in the City's Care, Custody and Control
Personal property of others in the city's care, custody and control is included in the definitions of
"building/contents" and "mobile property" for purposes of coverage. However, there are two
2
/
types of property in the city's care, custody and control that must be specifically scheduled in
order to have coverage:
. Mobile property valued at greater than $25,000 replacement cost; and
. Automobiles, which must be scheduled on a garage-keepers legal liability endorsement,
Coverage provided will be comprehensive and collision.
Trees and Shrubs
Trees and shrubs within 100 feet of a covered building are covered as part of the building. If it
wishes, the city can cover other trees and shrubs by identifying the trees and shrubs to be covered
on the schedule of "property in the open". The trees or shrubs to be covered must be identified
specifically (e,g., "trees in Mosquito Heights Memorial Park"). The city also needs to provide a
reasonable estimate ofthe number of trees or shrubs to be covered,
Utility Poles and Wires
LMCIT's standard property coverage excludes coverage for damage to city utility poles and
lines. In the past, this has left cities with electric utilities with a significant uncovered loss in the
event of a widespread ice or windstorm that downed city lines.
To help avoid this potential problem, LMCIT offers optional property coverage for city utility
poles and transmission and distribution lines. The coverage is subject to a $50,000 deductible
per occurrence and a $500,000 limit. The rates for the coverage are based on the number of
miles of transmission and distribution lines in the city.
Limits
The LMCIT property coverage includes sub-limits or additional limits on certain types of
properties, damages, or exposures, These limits are summarized below. These standard sub-
limits or additional limits should be sufficient for most cities, but they can be increased by
endorsement if necessary. The city should review whether any of these sub-limits or additional
limits need to be increased in order to meet its particular needs.
The following are sub-limits that apply to specific exposures. These are limits on the amount that
LMCIT will pay for particular types of damage, within the overall blanket limit.
$25,000
, $25,000 ee
3
For most losses, the following limits are in addition to the overall blanket limit. However, if the
particular loss falls under the "water and supplemental flood coverage", coverage for these
damages is within the $500,000 limit that applies to that coverage.
Covera e Limit
Newl ac uired covered ro e $5,000,000 er occurrence
Buildin s under construction $2,000,000 er occurrence
Asbestos clean u $250,000 er location
Loss of revenue/extra expense/expediting $5,000,000 per occurrence
ex ense
Debris removal! physical damage to $1,000,000 per occurrence
covered ro e
Debris removal! no physical damage to $50,000 per occurrence
covered ro e
Leasehold interest
Pollutant clean-u and removal
Errors
Rental reimbursement
Arson reward
Accounts receivable
Valuable a ers and records
/ Year 2000 extra ex ense $5,000
Independent Administrative Boards
Administrative boards, commissions, agencies and authorities and their properties are not
covered automatically under the city's LMCIT Property, Inland Marine, or Auto Physical
Damage coverages, LMCIT can provide these coverages for these entities and their properties,
but only ifthe city specifically indicates which boards or commissions are to be covered and
under what type of coverage.
Liability Coverage Issues
Fireworks Displays
Cities sometimes put on fireworks displays for Independence Day or other celebrations. The
city's LMCIT liability coverage document excludes coverage for any liability arising out ofthe
city's ownership, sponsorship, or operation of fireworks displays. This exclusion applies both if
city employees or volunteers are setting off the fireworks, and if the city itself sponsors or
contracts for a fireworks display. (The exclusion does not apply to a fireworks display that is
sponsored and operated by someone else. Where the city's only role is in regulating, licensing,
or providing public safety services, the city's LMCIT coverage will cover liability the city incurs
because of those activities,)
--
4
If the city is involved in a fireworks display as an operator or as a sponsor, the city won't
automatically have coverage for liability for any damages arising out of the display, unless the
city takes special steps to put fireworks display coverage in effect.
There are a couple possible solutions to this problem, The preferred approach is for the city to
contract with an experienced, reputable contractor to handle the fireworks display. The city
should make sure that the contractor has adequate insurance limits, and that the city is named as
an "additional insured" under the contractor's insurance. At the city's request, LMCIT can then
also delete the fireworks exclusion from the city's coverage for a small cost. The city's LMCIT
coverage would then apply as excess over the contractor's coverage; this would give the city
additional protection in case of a very large claim, or if the contractor's insurance company went
broke, etc.
Unfortunately, it's not always possible for cities to hire a private contractor to handle the
fireworks display. Sometimes the only feasible option is for the city to put on the display itself,
using city staff and volunteers to handle the display. In this situation, LMCIT can by
endorsement provide the needed liability coverage to the city, provided that the city has
adequately trained staff and a safe location for the display.
Cities considering putting on a fireworks display themselves should contact LMCIT as early as
possible. This will give LMCIT's loss control consultants time to work with the city to help
make the display as safe as possible; and it will give LMCIT's underwriters time to evaluate the
risk properly to determine whether LMCIT will be able to provide the requested coverage.
/
Joint Powers Contracts
The city's LMCIT liability coverage does not apply to "liability arising out of the activities of a
joint powers entity." Unless the joint powers entity has arranged for coverage in its own name,
neither the city and its officers and employees, nor the joint entity and its officers and employees
will have coverage for a liability claim or suit arising out of the joint powers entity's activities.
To avoid this problem, if the city is involved in a joint powers contract that creates a separate
joint powers entity, make sure that the entity has liability coverage, When LMCIT issues
liability coverage to a joint powers entity, that coverage protects not only the joint powers entity
and its officers, employees, and volunteers, but also the constituent political subdivisions and
their respective officers, employees, and volunteers, for claims arising out of the joint entity's
activities.
Keep in mind that not every joint powers contract creates a joint powers entity. Most mutual aid
contracts do not, for example. Often too, cities enter contracts under which one political
subdivision provides certain services to another in return for a fee; again, this kind of contract
typically won't create a new joint entity, though there are exceptions.
Cities should review all of the joint powers contracts they are involved in, including mutual aid
agreements, service contracts, etc. Remember: the name given to a contract doesn't necessarily
tell you what's in the contract. We've seen examples of contracts that were called mutual aid
5
agreements, but which very clearly had the effect of creating a new joint operating entity. You
need to look at what the contract actually does, not just what it's called.
In very general terms, the joint powers coverage exclusion will come into play if the joint powers
contract creates a separate board with power to do any of the following:
. receive and expend funds;
. enter contracts;
. hire employees;
. purchase or acquire real or personal property; or
. sue or be sued.
If you're not sure about a particular contract, send LMCIT a copy. We'll be glad to review it and
give you a definite answer as to whether the city's own coverage will apply or if the contract
creates a joint entity that needs its own coverage.
Independent Administrative Boards
Statutes and some charters allow cities to create independent administrative boards to manage
certain city operations; utility commissions and hospital boards are common examples. Other
statutes allow cities to create separate public corporations for certain purposes; Port Authorities,
HRA's, and EDA's are examples, The statutes generally give these boards and authorities full
power to manage the activities for which they are responsible, including the authority to
purchase the appropriate liability, property, and other coverages needed for those activities.
If your city has any ofthe following, you need to make sure there is adequate coverage for its
activities:
. gas, electrical, or steam utilities commission;
. port authority, housing and redevelopment authority, economic development authority,
municipal redevelopment authority, or similar agency;
. municipal power agency;
. municipal gas agency;
. airport board or commission; or
. hospital, nursing home, and medical clinic board or commission.
There are some particular coverage issues to be aware offor certain specific types of boards,
commissions, and entities, as described below:
. Airport, Hospital, Nursing Home, and Medical Clinic Boards or Commissions
These boards or commissions require specialty coverages, LMCIT cannot provide all the
coverages that the city and the board or commission require, LMCIT provides coverage to
the city and the board or commission for Municipal Liability, except for "Bodily Injury",
"Property Damage", or "Personal Injury", You will need to purchase coverage for the other
unique exposures from specialty insurance companies. Contact LMCIT for any assistance.
6
. HRAs, EDAs, and Port Authorities
These entities are legally separate political subdivisions and are not covered automatically
under the city's LMCIT liability coverage. (This is true even if the council members
themselves also make up the board of the political subdivision). Unless the city has
specifically indicated that these entities are to be covered, a claim against one of these
political subdivisions would not be covered. Nor would the city be covered for claims
arising from the activities of these entities.
These entities' status as separate political subdivisions creates a coverage limits issue that the
city needs to consider. Since the city and the EDA (for example) are each separate political
subdivisions, each could potentially be liable for up to the statutory liability limit. If the
EDA is added as an additional covered party on the city's LMCIT liability coverage, and if
both the city and the EDA were sued for the same occurrence, you conceivably could have a
total of$1.5 million ofliability. However, you'd have only $750,000 of coverage limits
available for that occurrence.
One solution is for the EDA, HRA, or port authority to purchase separate coverage in its own
name. If this is done, the city would then have primary coverage under the political
subdivision covenant and excess coverage for these activities under their own covenant.
Another option is to name the political subdivision as a covered party on the city's covenant
and then also purchase excess liability coverage. This would also eliminate the potential
limits problem.
If the political subdivision purchases private insurance elsewhere, the city and the board or
commission need to review the following questions to assure adequate coverage.
(Remember, LMCIT does not automatically cover the city for claims arising from the
EDA's, HRA's or port authority's activities.)
. What type of coverage is provided to the city and the board? Is the coverage as broad as
provided by the LMCIT covenant? Does it cover employment-related liability, land use
or development litigation, etc.?
. Is the city named as an additional insured on the board or commission's policy?
If the city needs coverage for a gap left by private insurance that the EDA, HRA, or port
authority has purchased, please contact LMCIT ,- an additional premium may be required.
. Gas, Electrical or Steam Utilities Commissions
These boards and commissions are not covered automatically under the city's LMCIT
liability coverage, Unless the city has specifically indicated that these entities are to be
covered, a claim against one of these boards or authorities would not be covered, Nor would
the city be covered for claims arising from the activities of these boards or commissions,
In most cases, LMCIT can provide the needed coverage in either of two ways: by adding the
board or authority onto the city's policy, or by issuing separate coverage to the board or
authority itself. If the coverage is added to the city's policy, both the city and the board or
7
authority are covered. If the board or authority purchase separate coverage from LMCIT, the
city will be added as a covered party under the board's coverage and both would share
coverage and limits,
Unlike the EDAs, HRAs, and port authorities, a utilities commission is usually not legally a
separate political subdivision, (There may be a few exceptions where city charters make the
utilities commission a separate legal entity.) Generally though, covering the utilities
commission under the city's general coverage doesn't create the same coverage limits
problem that you can encounter with EDAs, HRAs or port authorities.
If the utilities commission purchases coverage elsewhere, the city and the commission need
to review the following questions to assure adequate coverage. Remember that LMCIT does
not automatically provide coverage to the city for the utilities commission's activities. If the
utilities commission purchases separate private insurance, the city can't just assume that the
city's LMCIT liability coverage will protect the city and fill any gaps that the utilities
commission's insurance leaves.
Again, cities should look at a couple of issues:
. What type of coverage is provided the city and the board or commission? Is the
coverage as broad as that provided by the LMCIT covenant? Does it cover employment
liability, EMF, failure to supply utilities services, etc.?
. Does the utilities commission's insurance company understand that the city and the
utilities commission are not separate entities? That is, do they understand that they must
handle a claim arising from the utilities operations that names the "City of Mosquito
Heights" as the defendant? (One possible way to clarifY this might be to have the utilities
commission's insurance issued to "City of Mosquito Heights DBA Mosquito Heights
Utilities Commission".)
If the city needs to cover a gap in coverage that's left by the utilities commission's private
insurance, please contact your LMCIT underwriter. Additional premium may be necessary,
. Municipal power agencies and municipal gas agencies
Under the statutes, a municipal power agency or municipal gas agency is legally a separate
political subdivision, even though it's created by contract among two or more cities. Thus
these organizations have some characteristics of both political subdivisions and joint powers
entities.
The city's LMCIT liability coverage excludes claims arising from the activities of a
municipal power or gas agency. If your city participates in a municipal power or gas agency,
you need to make sure that the agency has appropriate liability coverage. You need to look
at the same kinds of coverage questions that arise with covering EDA's, etc.
8
Medical Payments Coverage
The "Medical and Related Payments Coverage" is part ofLMCIT's general liability coverage
agreement. This coverage provides a limited amount ($1,000) of "no-fault" medical payment
coverage for those injured on city property because of a condition in the property.
Some have questioned whether there is a valid purpose for cities to pay these funds in situations
when the city is not legally liable. Others have argued that the payments provide a simple and
inexpensive way to possibly head off what might turn into a more expensive liability claim.
Cities have the option to delete the medical payments coverage from their LMCIT liability
coverage.
UninsuredlUnderinsured Motorist Coverage
Cities need to decide what limits ofuninsuredlunderinsured motorist (UMlUIM) coverage to
provide. The statutes require a minimum limit of $50,000. We believe it makes sense for most
cities to carry the minimum limit, rather than providing higher limits.
The UM/UIM coverages are designed to help assure that an injured driver will be compensated if
s/he is injured in an accident caused by an uninsured or underinsured driver. The UM/UIM
coverage steps into the place of the liability insurance that the driver should have had. In the
- , case of city vehicles though, an injury to the driver while operating a city vehicle would in most
cases be covered by workers' compensation. The amounts the individual would be able to
recover from UM/UIM would be in addition to the medical, indemnity, and other benefits paid
under work comp, and in many cases would amount to a double recovery for the individual's
InJurIes.
A city might decide to cany a higher limit for a couple reasons: if they believe the workers'
compensation benefits are insufficient to compensate their injured employees; or if they want to
make sure that non-employees riding in city vehicles are fully compensated in the event of an
accident with an uninsured or underinsured vehicle. (Note that in most cases the passenger's
own UM/UIM would also respond,) In any case, it is an issue that your city should consider.
Whether to waive the statutory per-person limit for liability coverage
For renewals after November 15 ,1999, coverage is issued with a $1,000,000 per occurrence
limit. The new coverage form does not automatically waive the statutory provisions that limit
the city's liability to $300,000 per claimant. However, the city has the option to waive the
statutory per-person limit.
Each city needs to consider whether or not to waive the statutory per-person limit. Here's a
shorthand summary of the practical effects of that decision.
. If the city does not waive the statutory tort limits, an individual claimant would be able to
recover no more than $300,000 on any claim to which the statutory tort limits apply. The
total which all claimants would be able to recover for a single occurrence to which the
9
statutory tort limits apply would be limited to $1,000,000. These statutory tort limits would
apply regardless of whether or not the city purchases the optional excess liability coverage.
. If the city waives the statutory tort limits and does not purchase excess liability coverage, a
single claimant could potentially recover up to $1,000,000 on a single occurrence. The total
which all claimants would be able to recover for a single occurrence to which the statutory
tort limits apply would also be limited to $1,000,000, regardless of the number of claimants.
. If the city waives the statutory tort limits and purchases excess liability coverage, a single
claimant could potentially recover an amount up to the limit of the coverage purchased. The
total which all claimants would be able to recover for a single occurrence to which the
statutory tort limits apply would also be limited to the amount of coverage purchased,
regardless of the number of claimants.
Contact LMCIT if you have questions or need more information on this issue.
Excess Liability Coverage
LMCIT provides a standard $1,000,000 liability coverage limit to match the statutory limit.
However, there are a number of ways in which that coverage could turn out not to be enough:
federal civil rights suits, liability assumed by contract, liability for actions in another state,
inverse condemnation liability for land use claims, the possibility of the caps being found
invalid, and exhaustion of annual aggregate limits on products liability, limited pollution and
land use claims are some examples.
In light of these various ways cities can be exposed to liability beyond the statutory limits, the
city should consider purchasing higher limits of liability coverage, LMCIT makes available up
to $5,000,000 of additional limits at the city's option.
Sometimes city officials reason that "we're only a small city, so we don't need high liability
coverage limits." But arguably the opposite is true: A big city has much more tax base and
many more taxpayers over which to spread, say, a $1,000,000 excess judgment; in a small city,
the burden per taxpayer could be enormous,
If your city has considered excess coverage in the past, but decided against it for cost reasons,
you may want to reconsider. Rate reductions in recent years have reduced the cost substantially,
and the rate is decreased further for 1999-2000.
We have prepared a separate memo discussing the various issues that cities ought to think about
when deciding whether to buy excess coverage. Contact us at the League office for a copy.
Contractual Liability I Additional Covered Parties
The LMCIT covenant provides coverage for most contracts, The covenant can also be endorsed
to provide coverage for additional covered parties when requested, It is important to review all
contracts and requests for additional insureds, and to consider the following points:
/
10
j
. many requests for an additional insured endorsement are really a request for a Certificate of
Insurance;
. the contract and the hold harmless provisions should be reviewed by legal counsel; and
. contracts with railroads or involving work on railroad property need special attention -
contact LMCIT for assistance.
Automobile Liability Coverage
Member cities have the option to make LMCIT auto liability coverage primary for privately
owned vehicles used on city business by specified individuals or groups in specified
circumstances (e.g., firefighters responding to calls). There is a premium charge per vehicle for
this optional coverage.
Liquor Liability Coverage
If the city is involved in any way in selling liquor or beer, the city should have adequate amounts
ofliquor liability coverage. This includes not just cities with a municipal liquor store. Fire relief
associations, for example, sometimes are involved in special-event beer sales as a fundraiser and
may need liquor liability coverage.
LMCIT now offers this coverage as part of the LMCIT property/casualty program, both for
/ municipal liquor stores and for special-event sales by city-related entities, like a fire relief
association. Standard coverage limit options are $500,000 or $ 1,000,000. Higher limits are also
available upon request.
Cities should be especially careful to make sure the liquor liability coverage limits are adequate,
since there are no statutory limits on liability for illegal liquor sales. A typical liquor liability
claim involves a car accident. If a breadwinner with several dependents is killed or disabled in
an accident, damages can easily reach or exceed the half-million dollar mark. If the city's
coverage limits aren't sufficient, the city can still be liable for the excess, We suggest that as a
minimum any city involved in liquor or beer sales should have at least $500,000 of coverage,
whether from LMCIT or from a private insurer.
Other Issues
Bond Limits and Forms
For renewals after November 15,1999, the minimum limit available for LMCIT fidelity and
faithful performance bonds is $25,000. The limits have been changed because a number of cities
carried very low limits on their bond coverage; some smaller cities carried a limit of $5,000 or
$10,000, which really wouldn't provide much protection if a loss were to occur.
Another key point to take into consideration is that the statutes call for certain officers to be
covered by a "faithful performance" bond. A faithful performance bond guarantees that the
11
officer will faithfully perform the duties of his or her office, and it is required for a statutory city
clerk or treasurer, for example. An ordinary fidelity bond protects the city only against losses
caused by the individual's dishonesty. If the city suffers a loss because of the officer's mistake,
or because the officer simply didn't perform his or her duties properly, an ordinary fidelity bond
won't help; a "faithful performance" bond, however, might.
To avoid these problems we suggest the following:
. Review the limits on the city's current bond coverage. The Government Finance Officers'
Association several years ago developed a formula for suggested bond limits based on the
city's annual revenues and the amount of negotiable securities on hand. It's not an absolute
or infallible rule, but this formula can give the city a starting point for thinking about what
bond limits to carry. We would be happy to provide information on this formula.
. Make sure that you have "faithful peiformance" bond coverage on those positions where the
statutes require it, Some of the most common examples are statutory city clerks and
treasurers and their deputies, and relief association treasurers. Most bond companies will
provide this coverage on request for an additional premium for positions where the statutes
require it, though they may be reluctant to extend "faithful performance" coverage to other
positions.
Petroleum Tank Leaks or Spills
Minnesota's Petrofund provides reimbursement for 90% of the first $250,000 and 75% of the
next $750,000 of clean up and liability costs from a petroleum products storage tank leak or spill.
But to be eligible for this reimbursement, the tank owner must be in compliance with applicable
PCA and EP A regulations and requirements. The Petrofund reimbursement can be reduced or
refused if the owner is not in compliance. In any event the city will be responsible for at least
10% of the cleanup and liability costs, as well as all legal defense costs associated with the leak
or spill,
If your city has any tanks, the first priority is make sure you comply with the applicable
regulations, so that you'll be eligible for Petrofund reimbursement if you ever have a problem.
It's an oversimplification, but key points are:
. make sure the tallk is registered with MPCA;
. make sure you meet EP A's requirements and timetable for technical improvements to the
tank, for leak monitoring, corrosion resistance, spill prevention, etc.; and
. make sure you report any known leaks or spills to MPCA immediately.
Cities with tanks also need to think about how best to handle the costs that Petro fund won't
reimburse; i,e., the defense costs and 10% of the first $250,000 and 25% of the next $750,000 of
liability and cleanup costs. For most cities, there are two choices: either retain these risks, or
purchase LMCIT's optional Petrofund Supplement coverage.
12
EPA financial responsibility compliance is really no longer an issue in Minnesota. EPA now
says that Minnesota's Petrofund by itself will satisfy the financial responsibility requirements - a
separate plan to demonstrate financial responsibility to the EPA is no longer necessary. Thus,
most cities can approach this as a straightforward financial risk management issue: Does it make
more financial sense to pay the premium to LMCIT to assume these risks for the city, or for the
city to simply retain these risks itself?
Machinery Breakdown ("Boiler and machinery") Coverage
LMCIT offers Machinery Breakdown Coverage to protect cities from the unexpected cost and
expense associated with equipment and machinery breakdowns. The Machinery Breakdown
Coverage, which we used to call "boiler and machinery" coverage, was originally developed by
the insurance industry to cover the risks of steam boiler explosions, As the coverage has
developed, besides explosion risks from steam boilers or other pressure vessels, the coverage
now provides protection against the risks of breakdowns of a wide variety of machinery and
equipment, such as:
. wastewater system equipment (e,g., pumps, agitators, air systems, electronic controls,
motors, etc.);
. air conditioning, refrigeration, and heating equipment;
. water system pumps, motors, etc,;
. electrical wiring, breakers, transformers, switches, etc.;
. telephone switchboard and related equipment; and
. compressors for filling fire department air packs.
Cities may also have other types of equipment (such as steam or diesel generators, equipment for
municipal gas or district heating systems, or medical equipment such as MRIs) which can also be
covered but must be evaluated separately.
Coverage for certain large municipal utilities will now be provided directly by Hartford Steam
Boiler. Coverage terms, limits, deductibles, and exclusions are typically highly individualized for
these type of risks. It was determined that these types of accounts should be handled directly by
Hartford Stream Boiler in order to provide better service and underwriting expertise.
Two types of costs are covered:
. The actual cost of repairing or replacing the equipment as quickly as possible; and
. Lost income or'extra expense incurred to continue operations while the equipment is down,
In considering whether to purchase machinery breakdown coverage, a city should look at how
much it would cost to replace various pieces of machinery, what extra expenses you might incur
to continue operation while a key piece of equipment is being repaired, how long it might take to
get repairs or replacement equipment, and so on, If your city's budget can handle these kinds of
expenses, it probably doesn't make sense to carry the coverage. On the other hand, if the
possible cost to repair or replace a particular piece of machinery is more than what your budget
can comfortably absorb, machinery breakdown coverage is worth considering.
13
Open Meeting Law Defense Cost Reimbursement
From time to time, city council members may get sued for alleged violations of Minnesota's
Open Meeting Law, The LMCIT liability coverage does not cover these suits unless there is
some other covered claim included as part of the complaint, Consequently, the cost of defending
these suits for individual council members can often be fairly expensive.
To avoid this uncovered exposure to the council member or to the city, LMCIT has made
available Open Meeting Law Defense Cost Reimbursement Coverage. The coverage reimburses
individual council members for up to $50,000 of their Open Meeting Law defense costs per
person. The city now has the option to select either of two forms, which reimburse these costs at
80% and 100% respectively.
Specialty Coverages You Probably Don't Need
LMCIT provides liability coverage under one coverage document, which provides most of the
coverages that a city or its independent boards or commissions need. If you are still purchasing
any of the following coverages from another insurance company, you should review closely for
duplication of coverages:
. Police Liability
. Employment Liability
. Employee Benefit Liability
. Firefighters Professional Liability
. Public Officials Liability
. Fiduciary Liability for Relief Associations
. Ambulance Professional Liability
Revised LS 11/99 -fax 66060
,
14
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j DATE: lune 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Finance
Jim Dickinson
ITEM NO.
I tpprove Hire/IS Coordinator
\Irl.
Request:
The Andover City Council is requested to approve the hiring Beverly Berard to fill the position ofIS
Coordinator. A tentative offer subject to council approval was negotiated with Ms. Berard. The salary
proposed is within the salary range advertised ($41,491 to $52,520). Terms are as follows:
Start = $46,218 annualized (Step 2)
Six months = $47,793 annualized (Step 3)
"' The salary range for this position was determined using the same criteria used to determine the 2000
) salaries for all other city positions
Ms. Berard was selected from a field of 30 applicants. She has over 3 years experience as a Network
Administrator, excellent references and is an Andover resident.
Note:
At the May 2, 2000 City Council meeting the Council approved a joint powers agreement with the City of Elk
River to partner in the hiring of an Information Services Coordinator. This position will be employed in
accordance with the attached joint powers agreement, position description and salary schedule.
I
IS COORDINATOR
DESCRIPTION:
The top non-supervisory Information Services position involving the Maintenance of a LAN,
This position is responsible for daily computer operations, setting up new computers,
setting up and maintaining Windows NT networks, assisting and training users, assisting
in the installation of new computer systems, maintaining the telephone system, and
recommending and implementing new technology,
MINIMUM QUALIFICATIONS:
Bachelors degree with Information Technology or related field
Minimum of three years network experience
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t,: ,":';,:;" ;,;,:,'7:,., ,,::;;:'~:; '", .:,:;' ,J>;", ,l: ';";:" ',: ,'i,X;,";'
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Hire 41,491
Six Month 43,066
Step 1 44,642
Step 2 46,218
/ ~3 ~~
Step 4 49,369
Step 5 50,944
Step 6 52,520
/
JOINT POWERS AGREEMENT BETWEEN THE CITIES OF
/ ANDOVER AND ELK RIVER
FOR THE POSITION OF
INFORMATION SYSTEMS COORDINATOR
WHEREAS, the cities of Andover and Elk River through their repective governing bodies
are interested in hiring an IS coordinator to perform shared duties between each city; and
WHEREAS, there is a cost savings to share a full-time employee to coordinate computer
servIces.
NOW, TIlEREFORE, the cities of Andover and Elk River, for valuable consideration,
hereby agree to participate in the hiring of an IS coordinator according to the following terms:
1. Employing Municipalitv. The city of Andover hereby agrees to be the employing
municipality and will conduct all job reviews of the employee, The city of Elk
River shall be involved in initial interviews and job reviews of such employee. All
final personnel decisions would be made by the city of Andover.
2. Time Allocation. Each city will be entitled to a set number of hours worked by the
IS coordinator. The city of Andover will be entitled to 24 hours per week, and the
city of Elk River 16 hours per week. The hours may be changed only if mutually
agreed by both cities. Vacation, holiday and sick leave would be shared on a pro-
/ rata basis between both cities. Training time that is mutually agreed upon between
the two cities would be shared between the two cities.. Training time that is not
mutually agreed upon by both cities will be credited against the time allotment for
that city requesting such training. No special projects needing more than the city's
allotted time will be allowed without the written consent of the other city. If one
city is given permission to use more that its allotted employment time of the IS
coordinator, it shall pay such additional costs as are agreed in writing before such
additional work is commenced.
3. Allocation of Costs. The city of Andover shall bill the city of Elk River montWy
for its pro-rata share of the costs of this approved position and its related budget
including but not limited to PERA, Social Security, health insurance, dental
insurance, life insurance, workers compensation, salary, and training costs approved
by both cities. The costs of training requested by one city but not approved by the
other city shall be the sole responsibility of the city making the training request. To
the extent possible, all additional costs related to this position shall be approved in
writing prior to their expenditure, If either city uses more that its allocated hours,
the monthly billing shall be adjusted accordingly to reflect either a credit or
additional charge for hours used.
4. Duration and Term. This agreement shall remain in effect unless terminated by
, written notice to the other city by October 1 of each year for the following year.
/
Notice shall be sent to the party stated in the job description. Both parties would be
/ responsible for the annual budget through the end of the calendar year.
5. Authority. Each party executes this Agreement pursuant to the authority of these
respective governing bodies.
6. Officers ofEmplovment. Neither city shall make an offer of employment to the
individual employed in this agreement during its term. If either city intends on
making an offer of employment to the individual hired pursuant to this Agreement,
it shall notify the other city by September 1.
CITY OF ELK RIVER CITY OF ANDOVER
Mayor, City of Elk River Mayor, City of Andover
City Administrator, City of Elk River City Administrator, City of Andover
Date Approved by City Council Date Approved by City Council
g: data/stafiJpatj/adminljointpowers
/
CITY OF ANDOVER & ELK RIVER
POSITION DESCRIPTION
Position Title: InforDlationSvstemsGS) Coordinator ......... .......... ....
Departm~nt: AdlIliIlister~dbYCityofAndover.Finance..Departmerit
Accountable To: Finance Director -Andover and Elk River
Status:
PRIMARY OBJECTIVE OF POSITION:
This position is responsible for daily computer operations, setting up new computers, setting up
and maintaining Novell and Windows NT networks, assisting and training computer users,
assisting in the installation of new computer systems, maintaining telephone system, and
recommending and implementing new technology.
SUPERVISION RECEIVED:
Works under the general guidance and direction of the Finance Directors.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
l. Staff Training and Interaction:
A. Provide assistance and coordinate efforts between departments for improvements in
use of data processing systems to ensure an efficient and cost-effective information
system.
B. Act as in-house computer system consultant by providing technical support, and
trouble shooting hardware and software problems.
c. Train and/or coordinate training for PC users.
l. Train new users on signing in procedures, basic Novell/NT Network
commands, E-mail, printing and network applications shared by
departments.
2. Answer user questions on software support.
D. Possess technical knowledge of the Internet and updating of web pages.
E. Act as a liaison between computer vendors and users.
2. Network Administration:
A. Administer the local area network (LAN).
l. Keep accurate and up to date documentation on the LAN>
2. Add new users to network.
3, Maintain security and check for improper log on.
I 4. Perform system backups/restores,
5. Manage computer resources such as disk space so adequate storage is
available to run jobs and insure data integrity.
6, Isolate problems in the local area networks.
7. Develop hardware and software standards.
B. Keep current with information on hardware and software components of the LAN.
C. Monitor LAN to ensure the network is available to all users and resolves network
problems, Solves network problems as they occur and is proactive to network
problems,
D. Install or assist service installation of all computer software, hardware and
peripheral LAN components.
E. Develop and implement procedures and controls to provide accuracy, security,
product quality, standardization and operational efficiency.
F. Coordinate the purchasing, distribution and installation of hardware, software and
computer supplies.
G. IS Records:
1. Maintain records of data processing difficulties and corrective actions taken.
2. Maintain accurate procedure manuals for step-by-step operation
documentation of PC systems.
3. Maintain inventory of computer equipment and supplies.
4. Assist with the identification and tagging of equipment for the fixed asset
system and insurance list.
/ H. Develop and maintain Computer Disaster Recovery Plan,
I. Coordinate efforts of Technology Committee in developing long and short range
strategic planning for citywide IS needs,
J. Research, analyze and recommend new or improved uses of technology within the
City's system.
3. Telephone and Voice Mail.
A. Troubleshoot telephone and voice mail problems, and schedule repairs as necessary.
B. Coordinate installation of new equipment/phone lines.
C. Train employees on phone and voice mail systems,
D. Make changes to voice mail and phone system at employees' request.
4. Other duties as apparent or assigned.
2
NECESSARY KNOWLEDGE, SKILLS AND ABILITIES:
1. Knowledge of a Novell and Microsoft Windows NT network including network
management, trouble-shooting, security, hardware and software needs, and reporting,
2. Knowledge of PC hardware and software installation, trouble-shooting, setup,
configuration, repair and operation.
3. Knowledge of Microsoft Office suites (Word, Excel, Access, etc.).
4. Knowledge of operating systems: Windows 95, Windows 98 and Windows NT.
5. Communications: Able to actively listen to others for understanding of their needs and
situations; ability to speak and write English clearly. Able to communicate the information
professionally and precisely to the proper recipient.
6, Able to read and understand technical information. Able to. explain and write technical
procedures and system information in an easily understood and nontechnical manner.
7. Able to organize and prioritize work when handling multiple priorities.
8. Able to maintain neat and orderly records for documentation and easy referens;e,
WORK SCHEDULE:
A normal workweek consists of working three (3) days per week at the City of Andover and two
(2) days at the City of Elk River. The position will be employed by Andover and time spent in Elk
River will be reimbursed according to the joint powers agreement. The schedule can be modified
if mutually agreed by the Cities of Andover and Elk River.
MINIMUM QUALIFICATIONS:
. Experience in a technical computer support position,
/ . Experience troubleshooting PC hardware and software problems.
. Experience in a wide variety of computer software packages and working with hardware.
. Minimum of three years network experience desired but not necessary,
. Bachelor's degree with Information Technology (IS) or related field desired but not necessary.
PREFERRED QUALIFICATIONS:
. Certified Network Administrator.
. Microsoft Certified Systems Engineer.
. Knowledge of Intemet access. :;:.
TOOLS AND EQUIPMENT USED:
Personal computer, including Microsoft office applications; central financial computer, 10-key
calculator, phone, fax and copy machine.
PHYSICAL DEMANDS:
The physical demands described here are representative of those that must be met by an employee
to successfully perform the essential functions of this job. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is frequently required to sit and talk or hear.
The employee is occasionally required to walk; use hands to operate, finger, handle, or feel objects,
tools, or controls; and reach with hands and anus.
3
Hand-eye coordination is necessary to operate computers and various pieces of office equipment.
Employee will be required to use fine motor skills and manual dexterity to manipulate a keyboard
and mouse with speed and accuracy; to climb or balance, bend, stoop, crouch or kneel, stretch,
reach, push and pull to install computers and related equipment; to lift and carry personal
computers, printers and related equipment for short distances while installing or removing; to talk,
hear and read to communicate with vendors, users, troubleshoot system problems, read computer
screens and manuals and manage the network,
The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities
required by this job include close vision and the ability to adjust focus.
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those an employee
encounters while performing the essential functions of this job. Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.
The noise level in the work environment is usually moderately quiet.
SELECTION GUIDELINES:
Formal application, rating of education and experience; oral interview and reference check; job
related tests may be required.
The duties listed above are intended only as illustrations of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the position
if the work is similar, related or a logical assignment to the position,
The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and requirements
of the job change.
Date: Approval:
City Administrator
8-99
g:datalstafllpatj/jobdescr/finance/is
4
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Accept Petition/Order Feasibility ReporU
\/.00-24/14268 Round Lake Boulevard NW/WM
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 00-24,
in the area of 14268 Round Lake Boulevard NW.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
WATERMAIN , PROJECT NO, 00-24, IN THE AREA OF 14268 ROUND
LAKE BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated Mav 16. 2000
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the City Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 6th day of June , 2000, with
Councilmembers voting in
favor of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
Victoria Volk - City Clerk
02-21
I RECEIVED
MAY I 6 2000
May 16, 2000 CITY OF ANDOVER
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN. 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby petition for the improvement ofwatermain service to the property at
14268 Round Lake Boulevard.
Costs of the improvement would be assessed against the property.
\ We would like the improvement assessed over a 5 year period.
Said petition is unanimous and the public hearing may be waived.
We also waive our rights to an assessment hearing.
Sincerely,
W f!!1r0 /{ rv~
(.{'~~ 01 ~
Wayne and Mary Ness
14268 Round Lake Boulevard
Andover, MN. 55304
Phone: (Home) 612-427-6962
(Work) 612-279-1269
/
(5) CITY OF ANDOVER
REOUEST FOR COUNCIL ACTION
I
DATE: June 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas,
Engineering
ITEM NO.
Accept Feasibility Report/OO-24/
\~1~268 Round Lake Boulevard NW
The City Council is requested to approve the resolution accepting feasibility study, waiving public
hearing, ordering improvement and directing preparation of plans and specifications for the
improvement of Project 00-24 for watermain in the area of 14268 Round Lake Boulevard NW,
The property owner has a pending sale on their home, The buyers of the property are using FHA
financing which apparently requires hookup to municipal water, Although it is not normal procedure to
accept the feasibility report on the same date as accepting the petition, staff is recommending to
approve this item to allow the pending assessment otherwise when the closing takes place, which is to
happen before the next Council meeting, this pending assessment will not show up when the mortgage
/ company does an assessment search at the City, The proposed assessment is as follows (based on
2000 rates):
Note: The existing parcel (Lot 3, Block 3 Andover Boundary Commission Plat No.1) is approximately
200 feet wide along Round Lake Boulevard NW, The property owner is proposing to split the
existing parcel. The existing home is located in what has been identified as Parcel A on the
attached map and is being sold, Under Project 80-3 sanitary sewer area charge, lateral and a
connection charge have already been assessed to Parcel A. Sanitary sewer lateral has been
assessed to Parcel B,
Watermain
Area Charge
0,39 acres x $1195 = $466,55
Acre
Lateral Charge
100 feet x $32 = $3200 + $1981 (installation) = $5181
Foot
Connection Charge
= $1375
Total Watermain $7022,55
TOTAL ASSESSMENT FOR WA TERMAIN $7022,55 Parcel A
/
"
, / CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING,
ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-24 FOR
WATERMAIN IN THE FOllOWING AREA 14268 ROUND LAKE BOULEVARD
NW.
WHEREAS, the City Council did on the ~ day of June , 2000 , order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer and
presented to the Council on the ~ day of June ,2000 ; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 7,022.55.
/ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 7,022,55 waive the Public Hearing and order
improvements,
BE IT FURTHER RESOLVED the property would be assessed over a 2. year
period,
MOTION seconded by Councilmember and adopted by the
City Council at a reQular meeting this ~ day of June , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
/ Victoria Volk - City Clerk
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(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item #
Todd Haas,
ITEM NO. Engineering
Approve Quote/00-14/142XX Round Lake Blvd. NW
\q.
The quotes for this item will be presented to the City Council at the meeting.
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: June 6.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haa~
Parks
ITEM NO.
Q(J~date of DNR 2000 Grant Application Round
This is an update for the City Council in regards to the Outdoor Recreation Grant.
If you recall, Wild Iris and Hawkridge Parks were the parks that were submitted for potential
funding.
/
c"a. C./~ ~
Po.fk e-d ~ect/i'4-+'i:>" C4....I'l1IS,$Illl'\
-/..U,'kl. :r ....S fwJ".
- '79-'2.'
Minnesota Department of Natural Resources
5l1l1 Lafay~lIe Rnad 1
51. Palll, Minnesola 55155-40__ RECEIVED
,
----, i
f
:MAY I 9 Zt}n 1
Date: May 18, 2000 CITY OC p '; .0.
f . ,r. r"1}' '}~.
...-
To: Local Grant Applicants :,j,
/II
From: Wayne Sames, Local Grants Section tv.
Subject: 2000 Grant Application Round
The 2000 legislative session has ended and no additional funds were appropriated for either the
Outdoor Recreation Grant or Natural and Scenic Area Grant programs. Accordingly, we have
decided to hold this year's applications for those programs over until next spring, when we hope
to receive additional funding.
Thank you for taking the time to submit an application, Based on the results of this year's
application round, the need for grant assistance for local park and open space projects remains
great, There are over $10.6 million in grant requests for Outdoor Recreation Grants alone, We
will certainly convey this information to the Legislative Commission on Minnesota Resources
(LCMR) as it begins the process of developing recommendations to the Legislature,
If you submitted an application this year you will not need to resubmit next year, unless you wish
to make changes. This year's applications will simply be added to whatever new applications are
received next year. For information or guidance regarding your application please contact the
Local Grant Manager assigned to your county (see the list on the back of this page), Iryou intend
to complete your project this year, or wish to withdraw your application from consideration,
please let us know,
In regard to funding prospects for next year, the LCMR indicated in its Request for Proposals that
it intends to recommend at least $8,5 million for the Local Grants Initiatives programs, including
the Outdoor Recreation and Natural and Scenic Area programs, Our Local Initiative Grants
proposal to the LCMR totals $11. 3 million, with $4 million requested for the Outdoor
Recreation Grant program and $2 million for Natural and Scenic Areas, In addition, it appears
likely that Congress will authorize additional funding for the Land and Water Conservation Fund
this faU, This would provide additional funding for Outdoor Recreation Grant projects,
DNR Information: 651-296-6157 . 1-888-646-6367 · TrY: 651-296-5484 . 1-800-657-3929
An Equal Opportunity Employer 0 Printed on Recycled Paper Containing a
Whn Vnlnl"., niVf".r,itv ..,....;....".......f ..nOf_ O...'"'..J"'......C'I......"',.W~..t'"
CITY OF ANDOVER
REQUEST FOR COUNCIL ACI19~e 6, 2000
DATE
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f\O Non-discussion FOR AGENDA
ITEM Community Development
f\O Amend Ordinance No. 10, BY:
Platting and Subdividing Ord. David L. Carlberg
Community Dev. Director
cQl.
The City Council is asked to approve the proposed amendment to Ordinance 10, the
Platting and Subdividing Ordinance, Attached is the proposed amendment for Council
review and approval. The Planning and Zoning Commission is recommending approval
of the amendment (minutes attached),
,
,
;
MOTION BY: SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. lOEE
AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND
PLATTING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 10 is hereby amended as follows:
SECTION 6. SKETCH PLAN. Prior to platting any tract of land, the subdivider
shall prepare a subdivision sketch plan for review by the Andover Review Committee
(ARC), Planning and Zoning Commission and the City Council. Such sketch plan
will be considered as having been submitted for informal review and discussion
between the subdivider and the Andover Review Committee (ARC), Planning and
Zoning Commission and the City Council. No fee shall be required of the subdivider
for the submission of a sketch plan. However, review time by the ARC shall be billed
towards the project provided the project continues beyond the sketch plan phase to the
I review of the preliminary plat.
6.01 On the basis of a subdivision sketch plan, the ARC, Planning and Zoning
Commission and the City Council will informally advise the subdivider of the extent
to which the plan conforms to the Comprehensive Plan, design standards of this
Ordinance and to other Ordinances of the City, County and State and will discuss
possible modifications necessary to secure approval of the plan.
6.02 Procedure. The sketch plan shall be submitted and reviewed in accordance
with the following procedures:
A. The subdivider shall submit ten (10) copies of the sketch plan to the
Community Development Director for review by the Andover Review
Committee. The ARC shall review and comment on the preliminary plat
within ten (10) days of the submittal by the subdivider.
B. Upon ARC review and comment, the sketch plan shall be placed on the
next available agenda of the Planning and Zoning Commission, but no sooner
than ten (10) days after being reviewed by the ARC.
Notification shall be sent to adjacent property owners within three hundred
fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning
Commission. Failure to receive such notification shall not invalidate the
proceedings.
C. Upon Planning and Zoning Commission review and comment, the sketch
plan shall be placed on the next available City Council agenda, but no sooner
than ten (10) days after being reviewed by the Planning and Zoning
Commission.
6.03 The subdivider shall provide the following minimum information:
A. Site Location
B. A sketch of the site showing its general shape and location of wetlands,
forested areas, proposed ponding locations, adjacent roadways, Municipal
State Aid designations, waterways, existing buildings and any other significant
features of the immediate area.
C. Type of development proposed.
D. A preliminary road layout and lotting arrangement indicating minimum
proposed lot size.
E. Aerial photo (most current) with the sketch plan overlay.
6.04 The subdivider can be required to show adjacent property and any other
property as determined necessary for proper review as required by the ARC, Planning
and Zoning Commission, and City Council.
Section 7. Preliminary Plat
7.02 Procedure. Prior to platting and subdividing any tract of land into two (2) or
more lots, the following procedures shall be followed:
A. Upon completion of the sketch plan review process as provided in Section 6, the
subdivider shall file ten (10) copies of the preliminary plat with the City Clerk
Communitv Development Director for review by the Andover Review Committee.
No preliminary plat shall be filed or submitted for ARC review that has not completed
the sketch plan review process.
The Andover Review Committee will review the plat with the developer to insure it is
completed in accordance to City ordinances. The Committee ARC will reply within
thirty (30) days ofthe submittal as to whether the plat is or is not eompletea according
tEl City Ordinanees complete. If the plat is found to be incomplete the procedure
stated in 7,02A shall continue until such time as the plat is found to be complete. If
the plat is found to be in compliance with City ordinances,J2Y.. the Andover Review
Committee. the Communitv Development Director will forward a preliminary plat
application to the subdivider for submittal to the City Clerk. No incomplete
preliminary plat application will be accepted by the City Clerk. The subdivider can
appeal items of contention to the City Council. Variance requests shall be identified
and processed as outlined in Section 17 of this ordinance.
Seeti9n 9.06.\2 }~reas LaekiBg Munieipal Sanitary Sewer 'Vithin the Uraan Serviee
:\rea. In areas laeking HHmieipal saRitary sewer '.vithiR the MetroflelitaR Urban Ser;iee
Area, RO let shall be deyelopea for residential purposes unless it eeHtGiRs a miRiml:lR'l sf
22,500 square feet of eontigl:le1:ls lood "lith a miRiml:lm width of at least one hl:lFldred fifty
(150') feet ana a miRiml:lm depth of ORe Ill:lRdred fifty (150') feet aRd has a [roRtage of at
least one hl:Hldred sillt)' fi'le (165') feet at the ImildiRg setbaek line. IR additioR, there
shall alse he two (2) 5,000 square f0et areas desigRated aRE! staked for the primary aRd
seeondary OR site septie drainfield based OR the design eriteria f.or a fOl:lr (4) bedroom
home, The designated drainfield as stated aloeve shall eompl)' 'Nifh Chapter 7020, as
amendes, The loeati0R eftne primary ood seeondary sites snail be indieated OR the
preliminary gradiRg plan aRd the design speeifieatioRs for the drainfields shall be
slibmittes with the sl:lbmittal of the preliminary plat, Said let shall be reCll:lired to hBNe a
minimuR'l finishes grade of at least sill (6') feet above the seasonal high water mark aHd
shall alse reql:lire the lowest floer to be a minimum oftffiee (3') feet above the seasenal
high water mark, or one (1 ') f{lot aloe'.'e the desipHited or designed one hundrea year
flood ele'latioR, whiehe'ler is higher tIllless e\'ideRee is sl:lhmittea and eertified by a
geotoehRieall:mgiReer that shall be reviewed and eertified bJ' an ifldependern geoteelmieal
eRgifleer hired by the City at the e)lpeflSe eftRe de'leloper and approved by the City
Cormeil that a separatiofl of less thaR three (3 ') feet eaR be aehisved and is warranted.
The preliminaiJ' plat shall show a feasible plan f.or the futl:1fe re subdivisioR by whieh lots
may be sl:lbdi'lidod in areas served by puhlie water and saRitary sewer systems,
Note: Section 9,06A3 will be renumbered to 9,06A2,
All other Sections and Subsections of the 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 this 6th day of June,
2000.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 9, 2000
Page 3
Commissioner Daniriger questioned why the request is being discussed if a recommendation
can't be made tonight. Mr. Hinzman explained that since a public hearing was advertised to the
public it is necessary to open the public hearing for discussion.
Commissioner Falk questioned if the lot were sold, would the new property owners be able to
keep the garage, Mr, Hinzman explained that the new property owners would be able to keep the
garage provided a home was built.
Motion by Apel, seconded Hedin, to open the public hearing at 7:11 p,m, Motion carried on a 6-
ayes, O-nay, I-absent (Squires) vote,
There was no public input.
Motion by Daninger, seconded by Hedin, to table the public hearing until the May 23, 2000
Planning and Zoning Commission meeting pending additional information from the applicant.
Motion carried on 6-ayes, O-nay, I-absent (Squires) vote,
PUBLIC HEARING: ORDINANCE 10 - PLATTING ORDINANCE - VARIOUS
, SECTIONS INCLUDING LOT SIZE AND SKETCH PLAN REQUIREMENTS.
Mr, Hinzman gave a brief presentation explaining the amendments that are being recommended
by staffto Ordinance No, 10, Platting and Subdividing. He explained that the changes
recommended for Section 6 are minor amendments that consist of the requirement of an aerial
photo with the sketch plan overlay. The changes to Section 7 are also minor and are listed in the
staff report, The changes to Section 9,06 are a little more in depth and are primarily in section
9,06A2, the reason for this is the said amendment is proposed to be deleted as this section or
provision is inconsistent with the Andover Comprehensive Plan.
Acting Chair Dalien questioned the item being added regarding the aerial photo being required .
with the sketch plan overlay.
Mt, Hinzman explained a new procedure staff is using by placing a mylar transparency over the
new sketch plans to get a better clarification of the land.
Commissioner Apel questioned Section 6.02 in the Ordinance. Mr. Hinzman reviewed Section
6,02,
Acting Chair Dalien stated that it would be critical that the most current aerial photos be used in
order to provide an accurate picture. Mr, Hinzman agreed and mentioned that they could put in
an amendment that they will use the most recent photos available.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 9, 2000
Page 4
Motion by Hedin, seconded by Kirchoff, to open the public hearing at 7:19 p.m. Motion carried
on a 6-ayes, O-nay, I-absent (Squires) vote,
There was no public input.
Motion by Falk, seconded by Hedin to close the public hearing at 7:19 p,m, Motion carried on a
6-ayes, O-nay, I-absent (Squires) vote.
Commissioner Apel mentioned that since changes with Section 9.06 have been enforced there
have been very few problems.
Motion by Daninger, seconded by Falk, to recommend approval to the City Council of the
amendment to Ordinance lOin Section 6, Sketch Plan in addition to using the most current aerial
photo available; Section 7, Preliminary Plat; and Section 9,06, Lots. Motion carried on a 6-ayes,
O-nay, I-absent (Squires) vote.
DISCUSSION: DISCUSS ORDINANCE NO. 240 - FIREARMS/HUNTING ORDINANCE.
Mr, Hinzman explained that the commission has been asked to review the hunting boundaries
throughout the City and recommend any changes if necessary. He displayed a map showing the
areas where hunting is authorized, It was mentioned that there are areas that are becoming more
urbanized; therefore it is important the Ordinance be reviewed,
Commissioner Apel questioned if the area that is becoming more urbanized is where fields have
existed in the past. Mr. Hinzman pointed out the larger areas where hunting is currently .allowed.
Commissioner Kirchoff questioned if this Ordinance follows the MUSA boundary. Mr.
Hinzman explained that it somewhat follows the MUSA boundary,
Acting Chair Dalien questioned if there have been any other complaints from property owners
other than the petition received. Mr, Hinzman stated that the City has received approximately 10
additional complaints above and beyond the petition.
Acting Chair Dalien questioned if a specific area on the map allowed hunting,
Commissioner Hedin stated that it would be helpful if there were a map that would designate
which areas are 10 acres or more to show the areas permitting hunting, Mr. Hinzman explained
and pointed out the areas on the map that are approved for hunting.
Commissioner Hedin questioned if slugs are allowed in the City of Andover. Commissioner
Apel stated that they are allowed,
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISS~N ~ON
ay ,
DATE
AGENDA ilili~ ORIGINAT~G DEP~R~ENt APPROVED FOR
6. u ic Hearing: Amend ommum y eve opment AGENDA
Ordinance No. 10, Platting David 1. Carlberg
and Subdividing Ordinance Community Development Directc
BY: BY:
Reauest
The Planning and Zoning Commission is asked to hold a public hearing on the proposed
amendment to Ordinance 10, Section 6, Sketch Plan, Section 7, Preliminary Plat and
Section 9,06, Lots are proposed to be amended.
Section 6, Sketch Plan
Mostly minor amendments or corrections are proposed. The requirement of an aerial
photo with the sketch plan overlay is the only significant change.
,
Section 7, Preliminarv Plat
Minor amendments or corrections are being made as shown on the attached amendment .
lOEE.
Section 9.06, Lots
Section 9.06A2. Said amendment relates to the minimum buildability requirements for
areas or lots lacking municipal sanitary sewer within the urban service area. Said
amendment will delete Section 9.06A2 in its entirety. Said amendment is proposed to be
deleted as this section or provision is inconsistent with the Andover Comprehensive Plan,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. lOEE
AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND
PLATTING ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No. 10 is hereby amended as follows:
SECTION 6. SKETCH PLAN. Prior to platting any tract ofland, the subdivider
shall prepare a subdivision sketch plan for review by the Andover Review Committee
(ARC), Planning and Zoning Commission and the City Council. Such sketch plan
will be considered as having been submitted for informal review and discussion
between the subdivider and the Andover Review Committee (ARC), Planning and
Zoning Commission and the City Council. No fee shall be required of the subdivider
for the submission of a sketch plan. However, review time by the ARC shall be billed
towards the project provided the project continues beyond the sketch plan phase to the
review of the preliminary plat.
6.01 On the basis of a subdivision sketch plan, the ARC, Planning and Zoning
Commission and the City Council will informally advise the subdivider of the extent
to which the plan conforms to the Comprehensive Plan, design standards of this
Ordinance and to other Ordinances of the City, County and State and will discuss
possible modifications necessary to secure approval of the plan.
6.02 Procedure. The sketch plan shall be submitted and reviewed in accordance
with the following procedures:
A. The subdivider shall submit ten (10) copies of the sketch plan to the
Community Development Director for review by the Andover Review
Committee, The ARC shall review and comment on the preliminary plat
within ten (10) days of the submittal by the subdivider.
B. Upon ARC review and comment, the sketch plan shall be placed on the
next available agenda of the Planning and Zoning Commission, but no sooner
than ten (10) days after being reviewed by the ARC.
Notification shall be sent to adjacent property owners within three hundred
fifty feet (350') ten (10) days prior to the meeting of the Planning and Zoning
Commission. Failure to receive such notification shall not invalidate the
proceedings.
C. Upon Planning and Zoning Commission review and comment, the sketch
plan shall be placed on the next available City Council agenda, but no sooner
than ten (10) days after being reviewed by the Planning and Zoning
Commission.
6.03 The subdivider shall provide the following minimum information:
A. Site Location
B. A sketch of the site showing its general shape and location of wetlands,
forested areas, proposed ponding locations, adjacent roadways, Municipal
State Aid designations, waterways, existing buildings and any other significant
features of the immediate area.
C. Type of development proposed.
D. A preliminary road layout and lotting arrangement indicating minimum
proposed lot size.
E. Aerial photo with the sketch plan overlav.
6.04 The subdivider can be required to show adjacent property and any other
property as determined necessary for proper review as required by the ARC, Planning
and Zoning Commission, and City Council.
Section 7. Preliminary Plat
7.02 Procedure. Prior to platting and subdividing any tract ofland into two (2) or
more lots, the following procedures shall be followed:
A. Upon completion of the sketch plan review process as provided in Section 6, the
subdivider shall file ten (10) copies of the preliminary plat with the City Clerk
Communitv Development Director for review by the Andover Review Committee.
No preliminary plat shall be filed or submitted for ARC review that has not completed
the sketch plan review process.
The Andover Review Committee will review the plat with the developer to insure it is
completed in accordance to City ordinances. The Committl3l3 ARC will reply within
thirty (30) days ofthe submittal as to whether the plat is or is not completed according
to City Ordinances complete. If the plat is found to be incomplete the procedure
stated in 7.02A shall continue until such time as the plat is found to be complete. If
the plat is found to be in compliance with City ordinances,k the Andover Review
Committee, the Communitv Development Director will forward a preliminary plat
application to the subdivider for submittal to the City Clerk. No incomplete
preliminary plat application will be accepted by the City Clerk, The subdivider can
appeal items of contention to the City Council. Variance requests shall be identified
and processed as outlined in Section 17 of this ordinance.
Seetien 9.IH,A2 ",'.rells Llleking Munieifllll Sllnitllry Sewer Within the Urblln Serviee
LA.rell. In Meas laeking munieipal sanitMY se'Ner 'Nithin the Metropolitan Urban Sorviee
.^.roa, no let shall Be dO'/elopea f.er residential plXposes URless it ecmtains a minimum of
22,500 sEJ:tlMe f-eet of eontiguEl1:ls land with a minimum width of at least ene hlHldred fifty
(150') feet and a minimum depth of one hundred fifty (15Q') fClet and has a frontage of at
least eRe hundred si)(ty five (HiS') feet at the buildiFlg setbaek line. In additioR, thero
shall also be two (2) 5,000 squMe foot Meas dClsigRated and stal~ed f-or the primary and
SeeORGary OR site septie drainfield based OR the design eriteria for a f{Jur (1) bedroom
home, The desigaated draiBfield as statea above shall eomply with Chapter 7080, as
amoadea. The loeatioR ef the primary and sClcondary sites shall be indicated on the
preliminMY grading plan and the design speeifieations for the drainfields shall Be
submitted with the submittal of the preliminary plat. Said lot shall be required to ha','e a
\ minimum finished grade of at least Sill (6') feet aBove the seaseRaJ high water mark and
shall also require the lowest floor to be a minimum oftMee (3') feet above the seasonal
high water mark, or (me (1 ') foot abo'/e the designatCld or designod one hundred year
flood elevation, whichever is higher unless o'/idenee is sl:lbmitted and eertified by a
geoteclmieal engiReer that shall be nYliewed and eertified by an indopendent geoteelmieal
engineer hired by the City at tho e)[pense of the developer and appro'/ed by tho City
Council that a separation oness than three (3 ') feet ean be aehieved and is \yarranted,
The preliminary plat shaH show a feasible plan for the future re sl:lbdh'ision by whieh lots
may be subdivided in areas served by public water and sanitary se'.veT systoms,
Note: Section 9.06A3 will be renumbered to 9,06A2.
All other Sections and Subsections of the 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 this 6th day of June,
2000.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
"- CITY OF ANDOVER
/
REQUEST FOR COUNCIL ACTION
DATE: lune 6, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. John Hinzman,
Rezoning 00-03 City Planner
R-3 to R-4
1 4268 Round lake Blvd NW
~. Wayne Ness
Request
The City Council is asked to approve the request of Wayne Ness to rezone approximately
31,756 s.f. of property from R-3, Single Family Suburban to R-4, Single Family Urban.
The property is located at 14268 Round Lake Blvd NW, legally described as Lot 3, Block
3, ANDOVER BOUNDARY COMMISSION PLAT NO. I (PIN 29-32-24-31-0091).
,
/ The rezoning is submitted in conjunction with a request to split the north half of the lot.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the request at the May 9th, and tabled the
item until the May 23rd meeting to verify the location of a sewer stub on the split parcel.
At the May 23rd meeting the Commission recommended approval with limited discussion.
Please see the attached staff report and minutes for further information.
Attachments
. Ordinance Amendment
. Planning and Zoning Commission Minutes ~ May 9, 2000
. Planning and Zoning Commission Minutes ~ May 23, 2000
. Planning and Zoning Staff Report ~ May 23, 2000
"
. )
CITY OF ANDOVER
'\ COUNTY OF ANOKA
) STATE OF MINNESOTA
ORDINANCE NO.8
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:
Rezone property from R-3, Single Family Suburban to R-4, Single Family Urban
on property owned by Wayne Ness, legally described as Lot 3, Block 3,
ANDOVER BOUNDARY COMMISSION PLAT NO. 1 (PIN 29-32-24-31-0091)
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 ofthe City of Andover on this 6th day of June 2000.
/
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
Victoria V olk, City Clerk
"
/
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 9, 2000
/ Page 2
property from R-3, Single Family Suburban to R-4, Single Family Urban, The adjacent land is
zoned R-3, Single Family Suburban on the north and west of the site, and the south and east side
is zoned R-4 Single Family Urban,
Mr. Hinzman explained that the original subdivision was created in the late 1960's or early
1970's as a small lot rural subdivision. Municipal sanitary sewer and water service was not
incorporated into the original plat, however these services are now available along Round Lake
Blvd. He mentioned that two municipal sewer connections are stubbed to the property, and
would be located on the northern split parcel. Verification of the stub location is necessary in
order to subdivide the property. Mr, Hinzman stated that if the request is granted it will be
necessary that all applicable ordinances be met.
Mr. Hinzman also gave a brief explanation of the request for a lot split at the same address,
14268 Round Lake Blvd. He mentioned that the applicant is requesting to split the northern +/-
northern feet from a 31,756 s,f, parcel, the remaining parcel would be approximately 15,301 s.f.
in size. He stated that the applicant proposes to split the existing home from the property to
permit construction of a new home. There is access to both parcels by Round Lake Blvd, and
City sewer and water have been stubbed to the property. However, the property owner would
I need to petition the City Council for assessments in order to be served. Mr. Hinzman explained
that the Building Official has indicated the property is generally buildable, and an accessory
would be severed from the house property upon execution of the lot split. He explained that if the
request is granted it will be necessary that all applicable ordinances be met.
Mr, Hinzman recommended that the commission discuss the rezoning and lot split request,
however table the formal approval until the next Planning and Zoning Commission meeting on
May 23, 2000 to allow time to verify the stub location.
Commissioner Apel questioned if a comprehensive plan amendment is necessary for this request.
Mr. Hinzman stated that an amendment is not necessary for approval.
Acting Chair Dalien questioned if verification of the stub location is not provided, then would
the request be denied. Mr, Hinzman explained that it is possible to move the existing stub, and
put a new stub into the property or create an easement over the split portion for the sewer service
, .
to the existing home. Staff would prefer the property line be moved to place each sub on each
property if possible.
Commissioner Kirchoff questioned what would happen if the garage were not removed. Mr.
Hinzman stated that the lot split would then be null and void.
Commissioner Daninger questioned who would be responsible for removing the stub, and ifthe
stub remains in the same location then may they request a variance, Mr, Hinzman explained the
removal procedures that were to be the outcome,
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 9, 2000
Page 3
Commissioner Daninger questioned why the request is being discussed if a recommendation
can't be made tonight. Mr. Hinzman explained that since a public hearing was advertised to the
public it is necessary to open the public hearing for discussion,
Commissioner Falk questioned if the lot were sold, would the new property owners be able to
keep the garage. Mr. Hinzman explained that the new property owners would be able to keep the
garage provided a home was built.
Motion by Apel, seconded Hedin, to open the public hearing at 7:11 p,m, Motion carried on a 6-
ayes,O-nay, I-absent (Squires) vote.
There was no public input.
Motion by Daninger, seconded by Hedin, to table the public hearing until the May 23, 2000
Planning and Zoning Commission meeting pending additional information from the applicant.
Motion carried on 6-ayes, O-nay, I-absent (Squires) vote,
PUBLIC HEARING: ORDINANCE 10 - PLATTING ORDINANCE - V ARlO US
SECTIONS INCLUDING LOT SIZE AND SKETCH PLAN REQUIREMENTS.
Mr, Hinzman gave a brief presentation explaining the amendments that are being recommended
by staff to Ordinance No. 10, Platting and Subdividing, He explained that the changes
recommended for Section 6 are minor amendments that consist of the requirement of an aerial
photo with the sketch plan overlay. The changes to Section 7 are also minor and are listed in the
staff report, The changes to Section 9.06 are a little more in depth and are primarily in section
9,06A2, the reason for this is the said amendment is proposed to be deleted as this section or
provision is inconsistent with the Andover Comprehensive Plan,
Acting Chair Dalien questioned the item being added regarding the aerial photo being required
with the sketch plan overlay.
Mr, Hinzman explained a new procedure staff is using by placing a mylar transparency over the
new sketch plans to get a better clarification of the land,
Commissioner Apel questioned Section 6.02 in the Ordinance. Mr. Hinzman reviewed Section
6,02,
Acting Chair Dalien stated that it would be critical that the most current aerial photos be used in
order to provide an accurate picture. Mr, Hinzman agreed and mentioned that they could put in
an amendment that they will use the most recent photos available,
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 2
Mr, Hinzman stated that the original lot split request has been slightly modified. It was
mentioned that the frontage along Round Lake Blvd. has been reduced from 104' to 90' for the
split property (approximately 780 s.f.) to better match the location of the sewer stub. He also
mentioned that all applicable ordinances for the rezoning and lot split request are required to be
met.
Chair Squires stated that the public hearing has been continued from the last meeting and asked
if there was anyone present who would like to address the commission.
There was no public input.
Motion by Hedin, seconded by Kirchoff, to close the public hearing at 7:05 p.m. Motion
carried on a 6-ayes, O-nay, I-absent vote,
Commissioner Falk questioned if there was ever talk of moving the property line to match the
stub. Mr. Hinzman stated that they had considered that as an option, but explained that they
decided that it would not be feasible.
, Motion by Kirchoff, seconded by Falk, to recommend approval to the City Council of the
request to rezone approximately 31,756 s,f. of property from R-3, Single Family Suburban to
R-4, Single Family Urban at 14268 Round Lake Boulevard, Motion carried on a 6-ayes, O-nay,
I-absent vote,
Commissioner Hedin questioned if the resolution would include the easement. Mr, Hinzman
stated the resolution requires an easement to be dedicated, however a separate easement
document would be accepted by the Council at a later date.
Motion by Da1ien, seconded by Kirchoff, to forward to the City Council a recommendation of
approval of Resolution No. R -00, a resolution granting the lot split request at 14268 Round
Lake Boulevard, legally described as Lot 3, B10ck3, Andover Boundary Commission Plat No.
1, subject to the following conditions:
I) That the lot split be subject to a sunset clause as defmed in Ordimince No. 40, Section
III(E) ,
2) City acceptance of a survey for the proposed lot split.
3) Park dedication being paid in accordance with Ordinance No. 10, Section 9,07.
4) That construction of a home or removal of the accessory garage commences within one
year of the date of approval on the split parcel.
Regular Andover Planning and Zoning Commission Meeting
Minutes - May 23, 2000
Page 3
5) That a drainage and utility easement be prepared by the applicant and be accepted by
the city over the sewer service line on the northern split parcel
Chair Squires stated that both items would be considered at the June 6, 2000 City Council
meeting.
PRESENTATION: SKETCH PLAN -NATURE'S RUN - 44 TWIN HOME UNITS -1650
ANDOVER BLVD. - PRESENTATION BY DH LAND COMPANY.
Steve Johnston, of Landform Engineering Company, representing DH Land Company,
presented the Nature's Run sketch plan. He stated the location as being off Andover Blvd. and
Hanson Blvd. He explained that they are proposing 44 twinhome units in addition to a
commercial lot located on the comer of the site, They also are proposing a trail to run
throughout the development. He stated that there are 4 separate units that would have a private
drive and therefore would be narrower than the normal street width.
Mr. Johnston stated that the twinhomes being proposed are similar in appearance, but do vary
in the layouts from unit to unit. They are proposing a more typical twinhome setback, which
would give enough room to park a car on the driveway, and also help to preserve the wetlands
surrounding the area. It was mentioned that the development would consist of a Homeowner's
Association where the property owners would pay monthly dues to pay for the plowing,
shoveling, landscaping, and any exterior maintenance. He explained that they view the
association as an advantage to the development since it will help to keep the area as an
attractive neighborhood.
Commissioner Kirchoff questioned the location of the wetlands and if the trail is proposed to
run through the wetlands.
Mr. Johnston stated that the City is planning to put a trail in and therefore he doesn't have the
specifics.
Commissioner Hedin questioned the depth of the backyards. Mr. Johnston explained that it
would be approximately 35 feet.
Commissioner Palk questioned what they are projecting for the price of the homes. Mr.
Johnston stated that the homes will start at $199,000,
Commissioner Kirchoff questioned if the road through the development would be private or
public. Mr, Johnston explained that all roads would be public except for the private drive on
the northwest side.
/ CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: May 23,2000
ITEM NO. 3 ORIGINATING DEPARTMENT
Public Hearing, Continued: REZ 00-03 Planning
Rezone from R-3 to R-4
14268 Round Lake Blvd John Hinzman
Wayne Ness City Planner
<
Request
The Planning and Zoning Commission is asked to continue reviewing the. request of
Wayne Ness to rezone approximately 31,756 s.f. of property from R-3, Single Family
Suburban to R-4, Single Family Urban. The property is located at 14268 Round Lake
Blvd NW, legally described as Lot 3, Block 3, ANDOVER BOUNDARY
COMMISSION PLAT NO.1 (PIN 29-32-24-31-0091),
The rezoning is submitted in conjunction with a request to split the north half of the lot.
History
The Planning and Zoning Commission reviewed the rezoning and lot split on May 9th.
The item was tabled to allow verification of the sewer stub location,
Sewer Stub Location
The location of the sewer stub has been verified. The City Engineer recommends
creating a utility easement over the vacant split property to access the existing home. The
easement would be located roughly 10-15 feet north of the proposed property split line.
Attachments
. Ordinance Amendment
. Planning and Zoning Commission Staff Report - May 9, 2000
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8
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:
Rezone property from R-3, Single Family Suburban to R-4, Single Family Urban
on property owned by Wayne Ness, legally described as Lot 3, Block 3,
ANDOVER BOUNDARY COMMISSION PLAT NO.1 (pIN 29-32-24-31-0091)
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council ofthe City of Andover.
Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
Victoria V olk, City Clerk
/
/
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: May 9, 2000
ITEM NO. 4 ORIGINATING DEPARTMENT
Public Hearing: REZ 00-03 Planning
Rezone from R-3 to R-4
14268 Round Lake Blvd John Hinzman
Wayne Ness City Planner
Request
The Planning and Zoning Commission is asked to review the request of Wayne Ness to
rezone approximately 31,756 s.f, of property from R-3, Single Family Suburban to R-4,
Single Family Urban. The property is located at 14268 Round Lake Blvd NW, legally
I described as Lot 3, Block 3, ANDOVER BOUNDARY COMMISSION PLAT NO. 1
(pIN 29-32-24-31-0091),
The rezoning is submitted in conjunction with a request to split the north half of the lot.
Applicable Ordinances
Ordinance 8, Section 5,02, establishes the procedure for changing zoning district
boundaries (rezoning).
Ordinance No.8, Section 5,03(B) establishes the criteria for granting a special use permit.
These same criteria have been utilized by the City in considering rezoning applications in
the past. The criteria include the following:
Effect of the proposed use upon the health, safety, morals and general welfare of
the occupants of surrounding land,
Effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
Effect on values of property and scenic views in the surrounding area.
Effect of the proposed use on the Comprehensive Plan.
Rezoning 00-03, Wayne Ness May 9, 2000 P & Z Report
14268 Round Lake Blvd Page 2
Ordinance 8, Section 6.02 establishes the minimum requirements as follows:
-~!.~~.~~-~~.;r~x;~~~U~~:'%lf.(11.~;-;~~rg'{j:l1~0~~\~;:!g~~~fstffi: i~~~J:ij~~~ft1~;!n~~~~F~,:~';;~ ::rr~~~,~~SQMt~iW1~\:{f
ir~pJm~1~pf:~~~~~:~~li~~1w~ 20,000 s.f. 11,400 s.f,
tt~'Q~l1f;9'QJ;~~!~'ffi!:~i~% 100 feet 80 feet
j:,ffiIi~:um~$i9:tt~@Rm'~t;:i~ 150 feet 130 feet
Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . R-3, Single Family Suburban - Andover Boundary Commission
East . Round Lake Blvd - R-4, Single Family Urban - unplatted residences
South . R-4, Single Family Urban - Wandersee Addition
West . R-3, Single Family Suburban - Andover Boundary Commission
Background
Andover Boundary Commission Plat No.1 is a replat of Auditors Subdivision No. 82.
The original subdivision was created in the late 1960's or early 1970's as a small lot rural
subdivision. Municipal sanitary sewer and water service was not incorporated into the
original plat. Sewer and water service is now available along Round Lal<e Blvd.
General Review
. The property is adjacent to an existing R-4 Zoning District and sewer and water service
are available,
. The Comprehensive Plan designates the area as RU, Residential Urban Single Family,
. Rezoning the property to R-4 would allow the subdivision of not more than one
additional lot (2 lots total),
. Connection to municipal sewer and water service would be required upon execution of
the lot split.
Location of Sewer Connection
Two municipal sewer connections are stubbed to the property, It appears that both
I connections would be located on the nOlihem split parcel. Andover's policy has been to
have a stub connection on each property for service. Verification of the stub location is
needed in order to subdivide the property. If information on the stub is not availal>le
by the meeting, the Planning and Zoning Commission may want to discuss the item
but delay formal action on the rezoning and lot split until the May 23rd meeting ,
Rezoning 00-03, Wayne Ness May 9. 2000 P & Z Report
14268 Round Lake Blvd Page 3
Commission Options
The Planning and Zoning Commission has the following options:
1. Recommend approval of the proposed rezoning.
2. Recommend denial of the proposed rezoning, citing those reasons for doing
so.
3. Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the rezoning if sewer stubs are located on each of the
proposed lots of the concurrent lot split application.
Attachments
. Ordinance Amendment
. Location Map
. Site Pictures
. Application
. Notice of Public Hearing
.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO,8
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:
Rezone property from R-3, Single Family Suburban to R-4, Single Family Urban
on property owned by Wayne Ness, legally described as Lot 3, Block 3,
ANDOVER BOUNDARY COMMISSION PLAT NO. 1 (pIN 29-32-24-31-0091)
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 6th day of June 2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria Volk, City Clerk
I
I rFii:\ City of 14268 Round Lake Blvd
~ Andover Rezoning & Lot Split
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D R-1 . SIngle Famlly.Rural -
L E G E N 0 DR-1A-ManufacwredHouslng N
D R-26 Single family-Estate Sou rees:
o R-3. SJngle Family-suburban A Andover Planning
o 350' Mailing Boundary [2J R-4 - Slngl. Family-Urban And<:>ver GIS
I 0 M.l. Mu~ple Dwelling Low Density .__ ~ County GIS
~ M-2- Muttiple Dwell1ng I'\lIU'S'l.Ilt
o LB- LImited BlJSlness
&. "SUbJ'ect P rty@lEJNB-NelghborhoodBUSlness
I' \1 rope ~ SC _ Shopping Center
~ G6. General Business.
ml-Industnal MDt. A '125 2000
[Bjj GR - General Recreation ap a c. pn ,
14268 Round Lake Blvd
Looking West Towards
Northwest Towards S
,
. .
/ ' ;2-e ~'"d() ~C!j."
"'. .
~
. . CITY of ANDOVER, . '.
",
, .
....1685 CROSSTPWN.80ULEVARq N.yv, o:ANDPVER, MINNESOrA 55304.. (612f755~5190 . ..', ", . ..
": .J '/.,.... '. ..' '<:..",:', ." . . . . .', ,':" ':..,:.~. .'.. '~_:.'>. ': ' " ':"':'."~': ",'; ",:'~ .:,,:":':'i.:' ';'j:::';'~'\.'~~;iL~;.:'l::'::'~C:.:~:~"~I':.;;:::;~.~J:~,t;i~;~,'
. '.. ','...., , '.~,..' ,',,"'-'.,' "., , - ,'" "REZO~G RE:QlJ.EST.l?O-R1Y.I,....,+!,;,";:;.^-"~'~'~':"'<""""'" ..!;>:.'.e.:..l-:.,."':....."'.""'.-....
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.' ." J' .~ Legal Descnption ofPropeI.ty:;(Flil mwhichever'ls.apprbpn~): :(-.( ..:,.::<;:,"2:'~:;!'.;;,<;'i.'-;,;~'..:.~:~':.~,'y.i'.;:'~'.',.,),;.tTi',
..:. .:". . ....::;...',;.... ...... '.. ~._..~ >h~,~"...... .... ....>'c;~~i~::-,j;~j}-;-;-~;;~;~/0..":-;/{~,~~:>J}.
,:: '..:.. '; , ' .. ~ : ',..-:;;:,.' : '.<' (If metes a:nd'bounds; attach the' cOmplete Iegai.descn~tio~ri:->.:~.'-:< :'~ "''', . ~,:~::,::}.;~~>\. :\:'~":-:'
,,' . " "', '<~"" ,.,:.:,' ,.:"."".':,..,,.. "..: ,-!/:,:~"'::-'/::":".~~~-.-:'.:.:.~' :'~;.>,':;.'..:,....:<.,,':~..:::.:>...,. ~<':::/
Is the property Abstract or TOITenS: (To 'verify 6~ri 'the Anoka County Office at . , ,: ..., ~.''''
(612) 323-5400 with the property PIN number) " "
/
Abstract X Torrens
Reason for Request S p LIT LCJT f"(J De-ve, La P,
-'
J?U)l.D No 'me J ON IVe-wLy CJ2eA Ted La T..
co f\J ;: 0 f2- m (/J ) T /-J LoT 511-6 f< (;" Q u ) (l.. e.- m t! tV Tj
~
Current Zoning 12-~ Requested Zoning 84
I
Land Use District
- - - - ~ . "
Name of Applicant 1/1,/;0 Y IV e .J.-' rn;CJ iGY NeSS
.'
/ Address I Lf d.h J> Rorh'J D LA J<! E 81- VD
Home Phone L( 'J. 7- 6 9 G z... Business Phone :;2. '7 9 - / ~6 7 Fax;!. (7~ / .300
Signature CA ) ~ N~ Date t..( -I 7-:;2, 0 0 ()
rY1 ~" n
, ,
. .,'
CITY of ANDOVER. '
. -." . .
,1685 CROSSTOWN BOULEVARD N,W,'~ ANDOVER, MINNESOTA 55304- (763)755:5100 FAX (763) 755-8923
CITY OF ANDOVER :,
, '
COUNTY OF ANOKA :
STATE OF MINNESOTA
, ,
" " NOTICE OFPUBl;IC' HEARING',
The PI~g ;md Zoning Commission ~f the City of Andover will hold a publkheCiIing ,
at 7:00 p.m~,or,assoonthereafter as can be heard, on Tuesday; May 9,2000 at Andover
City Hall, 1685 Crosstown BoulevardNW, Andover, Mimlesotato review thdollowing'
,reque~ts QfWayneNess at 14268 Round Lake Blvd NW: (pIN 29-32-24-31-0091) leg~lly',
',"described aisLot 3, Block 3, ANDOVERBO~DARY COMMIS~ION PLATNO.l: '
,"
1) Rezone property from R-3, Sing1e,Family Suburban to R-< S~gleFamiiy
Urban. ' ' ' "
., .'
2) Split the north half of a+!~ 31,756 squarefoot parcel. " . .
Written comments can be submitted prio'rtothe nieetingat fax (763) 755:8923 or e-mail " "
'at Jhil1zman@cLandover.mn.us: A copy of the proposed application will be available fot '
review prior t6the meeting at City Ball. Please contact City Hall V;ith any questions at
(763) '" ' "
-5100,
'-
Publication dates: ,'April 28, ,2000, '
May 5, 2000
, "
PJ,.293224310085,O PIN 293224310086,0 PIN 293224420062,0
c; TER TRUDIL & MARTINCO J A MARlN AURORA GNAT JOEL S & TAMMY L
~ 2LJ;J CLEVELAND AVE N OR CURRENT RESIDENT OR CURRENT RESIDENT
ROSEVILLE, MN 55113 14319 UNDERCLIFT ST 3595 143RD AVE
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224420012,0 PIN 293224310143,0 PIN 293224310142,0
SMI1H JEROME G JR & SHANNON M MELL MICHAEL J & JANINE R HAYNES JOE L & DA YNA L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
14385 ROUND LAKE BLVD 14309 VINTAGE ST 3619 143RD AVE
ANDOVER, MN55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224310085,0 PIN 293224420013,0 PIN 293224310045.0
STONER TRUDI L & MARTINCO J A SHEPPARD LOLA J LANG DALE T & CARLA J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3605 143RD A VB 14325 ROUND LAKE BLVD 14299 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224310094,0 PIN 293224310089,0 PIN 293224310090.0
BLESI PAUL A & ELIZABElli M BONNEVILLE D A & BERGSTROM CURRENT RESIDENT
OR CURRENT RESIDENT OR CURRENT RESIDENT 14288 ROUND LAKE BLVD
3648 143RD A VB 3608 143RD AVE ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
r 293224310046,0 PIN 293224310093,0 PIN 293224310091.0
/ BERG DARELD F & CYRITHA LillOR STEPHEN F & J R NESS WAYNER&MARYM
CJ~ CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
j UNDERCLIFT ST 14279 UNDERCLIFT ST 14268 ROUND LAKE BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224340039,0 PIN 293224420019,0 PIN 293224340040.0
MARKLEY JAMEE C & ELERT TERRY HURSMAN ARLEN J C GRlFFIS JERRYL & VALENCIA
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
14235 UNDERCLIFT CT 14311 ROUND LAKE BLVD 14225 UNDERCLIFT CT
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224310 152 PIN 293224310151.0 PIN 293224430003 .0
LEFEBVRE CLARA S BAILEY RANDALL & DEBRA WILLIAMSON FRANK
14278 UNDERCLIFT ST OR CURRENT RESIDENT OR CURRENT RE SIDENT
ANDOVER, MN 55304 14268 UNDERCLIFT ST 3527 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224430002.0 PIN 293224340044,0 PIN 293224340046.0
TRESSEL LORRAINE B ST DENNIS P A TRlCK J & MICHELLE HENDERSON MICHAEL D
OR CURRENT RESIDENT OR CURRENT RESIDENT CURRENT RESID ENT
14267 ROUND LAKE BLVD 14258 UNDERCLIFT ST 14259 UNDERCLIFT ST
. ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224340048,0 PIN 293224340047,0. PIN 293224340045 .0
. - ":RG JASON TEEPLE REGINA M TYSON NORMAN" & MARY
/ CUR.~NT RESIDENT OR CURRENT RESIDENT OR CURRENT RE SIDENT
60 ROUND LAKE BLVD 14249 UNDERCLIFT ST 14248 UNDERCLI:FT ST
/ - "r)OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 5 5304
PIN 293224340002.0 PIN 293224430070,0 PIN 293224430058 .0
CURRENT RESIDENT BALABAN IRMA R CURRENT RESID :ENT
14234 ROUND LAKE BLVD OR CURRENT RESIDENT 3542 142ND LN
ANDOVER MN ~qn4 14774 STLVFROf) ST A Nf)nVFR MN .<::; ~,n4
PI.. 293224430057,0 PIN 293224340032,0
I LEC CONSTRUCTION KROCHALK PIllLIP D & SUSAN A
lv~ 10 CROCUS ST NW OR CURRENT RESIDENT
ANDOVER, MN 55304 14227 VINTAGE ST
ANDOVER, MN 55304
"
I
/ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. John Hinzman,
Lot Split 00-07 City Planner
t 4268 Round Lake Blvd NW
~ Wayne Ness
Request
The City Council is asked to approve the lot split request of Wayne Ness to split the
northern +/- 15,675 s.f. from a 31,756 s,f. parcel. The remaining parcel would be
approximately 16,081 s.f, in size. The property is located at 14268 Round Lake Blvd
NW, legally described as Lot 3, Block 3, ANDOVER BOUNDARY COMMISSION
, / PLAT NO. I (PIN 29-32-24-31-0091).
The request is submitted conjunction with a rezoning from R-3, Single Family Suburban
to R-4, Single Family Urban.
Planning and Zoning Commission Review
The Planning and Zoning Commission reviewed the request at the May 9th, and tabled the
item until the May 23'd meeting to verifY the location of a sewer stub on the split parcel.
At the May 23'd meeting the Commission recommended approval with limited discussion.
Please see the attached staff report. Meeting minutes are included with the rezoning item.
Attachments
· Resolution for Approval
· Planning and Zoning Staff Report - May 23, 2000
. /
"
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO, R -00
A RESOLUTION GRANTING THE LOT SPLIT REQUEST OFR WAYNE NESS ON
PROPERTY LOCATED AT 14268 ROUND LAKE BLVD NW (PIN 29-32-21-31-
0091).
WHEREAS, Wayne Ness has requested to split the northern 100 feet (approximately
16,455 square feet) from a +/- 31,756 square foot parcel pursuant to ordinance No. 40
located at 14268 Round Lake Blvd. NW, legally described as Lot 3, Block 3, ANDOVER
BOUNDARY COMMISSION PLAT NO.1; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
, determined that said request meets the criteria of Ordinance No.8 and 40; and
/
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1) That the lot split be subject to a sunset clause as defined in Ordinance No. 40,
Section III(E).
2) City acceptance of a survey for the proposed lot split.
3) Park dedication being paid in accordance with Ordinance No. 10, Section 9,07.
/
Lot Split 00-07 - Ness City Council Resolution - June 6, 2000
14268 Round Lake Blvd NW Page 2
4) That construction of a home or removal of the accessory garage commences
/ within one year of the date of approval on the split parcel.
5) That a drainage and utility easement be prepared by the applicant and be accepted
by the city over the sewer service line on the northern split parcel
Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST: J,E. McKelvey, Mayor
Victoria Volk, City Clerk
I
CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: May 23, 2000
ITEM NO. 4 ORIGINATING DEPARTMENT
Public Hearing, Continued: Lot Split 00-07 Planning
14268 Round Lake Blvd NW
Wayne Ness John Hinzman
City Planner
Request
The Planning and Zoning Commission is asked to continue review of the lot split request
of Wayne Ness to split the northern +/- 15,675 s.f. from a 31,756 s.f. parcel. The
remaining parcel would be approximately 16,081 s.f. in size. The property is located at
14268 Round Lake Blvd NW, legally described as Lot 3, Block 3, ANDOVER
BOUNDARY COMMISSION PLAT NO.1 (pIN 29-32-24-31-0091).
/
The original request has been slightly modified. Frontage along Round Lake Blvd has
been reduced from 104' to 90' (approximately 780 s.f.) to better match the location of the
sewer stub,
History
The Planning and Zoning Commission reviewed the rezoning and lot split on May 9th.
The item was tabled to allow verification of the sewer stub location,
Stub Location
The location of the sewer stub has been verified. The City Engineer recommends
creating a utility easement over the vacant split property to access the existing home. The
easement would be located roughly 10-15 feet north of the proposed property split line;
Attachments
· Resolution for Approval
· Revised Lot Split Plan
· Planning and Zoning Commission Staff Report - May 9, 2000
-- -
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE LOT SPLIT REQUEST OFR WAYNE NESS ON
PROPERTY LOCATED AT 14268 ROUND LAKE BLVD NW (PIN 29-32-21-31-
0091).
WHEREAS, Wayne Ness has requested to split the northern 100 feet (approximately
16,455 square feet) from a +/- 31,756 square foot parcel pursuant to ordinance No. 40
located at 14268 Round Lake Blvd. NW, legally described as Lot 3, Block 3, ANDOVER
BOUNDARY COMMISSION PLAT NO.1; and
/ WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8 and 40; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1) That the lot split be subject to a sunset clause as defined in Ordinance No, 40,
Section III(E),
2) City acceptance of a survey for the proposed lot split.
3) Park dedication being paid in accordance with Ordinance No. 10, Section 9,07,
Lot Split 00-07 - Ness City Council Resolution - June 6, 2000
14268 Round Lake Blvd NW Page 2
,
J 4) That construction of a home or removal of the accessory garage commences
within one year of the date of approval on the split parcel.
5) That a drainage and utility easement be prepared by the applicant and be accepted
by the city over the sewer service line on the northern split parcel
Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Mayor
Victoria V olk, City Clerk
/
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CITY OF ANDOVER
REQUEST FOR PLANNING COMMISSION ACTION
DATE: May 9, 2000
ITEM NO. S ORIGINATING DEPARTMENT
Public Hearing: Lot Split 00-07 Planning
14268 Round Lake Blvd NW
Wayne Ness John Hinzman
City Planner
Request
The Planning and Zoning Commission is asked to approve the lot split request of Wayne
Ness to split the northern +/- 100 feet (approximately 16,455 s.f,) from a 31,756 s.f.
parcel. The remaining parcel would be approximately 15,301 s.f. in size. The property is
/ located at 14268 Round Lake Blvd NW, legally described as Lot 3, Block 3, ANDOVER
BOUNDARY COMMISSION PLAT NO. 1 (pIN 29-32-24-31-0091)
A rezoning request from R-3, Single Family Suburban to R-4, Single Family Urban has
been concurrently submitted with the request.
Applicable Ordinances
Ordinance 40 regulates the division oflots. A lot split is defined as any division of a lot,
parcel or tract ofland into not more than two (2) parcels when both divided parcels meet
or exceed the minimum requirements for a platted lot in the applicable zoning district.
Ordinance 40, Section 5B states ifno park fees were assessed or land dedicated during
the original plat, the Council may assess a fee set by resolution ($1,300,00 park
dedication and $350 trail fee) for each lot created.
Ordinance 8, Section 6.02 establishes the provision for minimum lot width, lot depth and
lot area for zoning districts, The minimum requirements in the R-4 district are as
follows:
· Lot Width at Front Setback -- 80 feet
/ . Lot Depth -- 13 0 feet
· Lot Area per Dwelling -- 11,400 s.f. .
Lot Split 00-07 - Ness May 9, 2000 Planning and Zoning Staff Report
14268 Round Lake Blvd NW Page 2
Lot Split Review
· The applicant proposes to split the existing home from the property to permit
construction of a new home.
· Access to both parcels would be provided by Round Lake Blvd NW,
· City sewer and water have been stubbed to the property. The property owner would
need to petition the City Council for assessments in order to be served,
· The Building Official has indicated the property is generally buildable.
· An accessory would be severed from the house property upon execution of the lot split.
Location of Sewer Connection
Two municipal sewer connections are stubbed to the property. It appears that both
connections would be located on the northern split parcel. Andover's policy has been to
have a stub connection on each property for service, Verification of the stub location is
needed in order to subdivide the property. If information on the stub is not available
by the meeting, the Planning and Zoning Commission may want to discuss the item
but delay formal action on the rezoning and lot split until the May 23rd meeting.
/ Commission Options
The Planning and Zoning Commission may recommend one of the following options:
I) Recommend approval of the Lot Split, finding it meet the requirements of
Ordinance 40.
2) Recommend denial of the Lot Split request, fmding it does not meet the
requirements of Ordinance 40, In recommending denial of the request, the
Commission shall state those reasons for doing so.
3) Table the request pending further information.
Recommendation
Staff recommends approval of the lot split if sewer stubs are lo.cated on each of the
proposed lots.
Attachments
· Resolution for Approval.
· Location Map
· Site Plan
· Application for Lot Split
· Notice of Public Hearing
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES, NO. R -00
A RESOLUTION GRANTING THE LOT SPLIT REQUEST OFR WAYNE NESS ON
PROPERTY LOCATED AT 14268 ROUND LAKE BLVD NW (pIN 29-32-21-31-
0091),
WHEREAS, Wayne Ness has requested to split the northern 100 feet (approximately
16,455 square feet) from a +/- 31,756 square foot parcel pursuant to ordinance No. 40
located at 14268 Round Lake Blvd. NW, legally described as Lot 3, Block 3, ANDOVER
BOUNDARY CO:MMISSION PLAT NO, 1; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No, 8 and 40; and
WHEREAS, the Planning and Zoning Commission [mds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statutes; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the lot split as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the CIty of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1) That the lot split be subject to a sunset clause as defined in Ordinance No. 40 ~
Section III(E),
2) City acceptance of a survey for the proposed lot split.
/
3) Park dedication being paid in accordance with Ordinance No. 10, Section 9,07,
Lot Split 00-07 - Ness City Council Resolution - June 6, 2000
14268 Round Lake Blvd NW Page 2
4) That construction of a home or removal of the accessory garage commences
within one year of the date of approval on the split parcel.
Adopted by the City Council of the City of Andover on this 6th day of June 2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
Victoria V olk, City Clerk
~ City of 14268 Round Lake Bfvd
Andover Rezoning & Lot Split
I
LEGEND 8 R~1 . Single Famlly-Rurar
R-1A - Manufactured Housing N So.'~.uees:
CJ R-2- StngleFamlty-Estate A
o 350' Mailing Boundary E2J R-3- SIngle Family-Suburban A~over Planning
~ R-4~ SIngle Family-Urban An>Ciover GIS'
rn M-1 M Muttlple Dwertlng Low Density An<>ka, County G1 S
~ M-2 - Multiple Dwelling
NSubjectproperty . lB- LImited Business
~ NB- NeolghboTho-od Bustnesa
~ SO. Shopptng Cen~t
_ 86 - General BusIness'
~ I-Industrial lI.K..._ T"\_<l..... ^- __:1 ""I, ""I()n"
, .
.. '. .
eny 'ofANDOVER'
.1685 CROSSTOWN BOllLEVARD N,W.~ANDOVER,MINNESOTA 55304.(763) 755~5100 FAX (763) 755-8923
,
CITYOF ANDOVER
, ,
. COUNTY OF ANOKA .
STATE OF MINNESOTA
NOTICE OF. PUBLIC' HEARING "'
,,' "
"
The Planning ;md Zoning Commission of the City of Andover will hold a publiche<lring
at 7:00 p,m"oras soon thereafter ascimbe heard, on Tuesday, May 9,2000 at Andover .
City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to.review the following
. ,requests of Wayne Ness at1426~ Round Lake Blvd NW(PIN 29-32-24.31.0091) legally-
. "described as Lot 3, Block 3, ANDOVER BOUN,DARY COMMISSION PLATNO.l:
,"
1) Rezone property from R-3, Single.Family.Suburban to R-4; SiUgleFamiiy .
Urban. , .
I .; .'
2) . Split the nortllhalf of a+/~ 31,756 square foot parcel.
" , '
Written comments can be submitted prior to the meetingat fax (763)755:8923 or e-mail '. '.
. at Jhinzman@ci.andover,mn,us: A copy of the proposecl application will be available for' .
.' . review prior to the meeting at City HaIl. Please contact City Bali with any questions at
.' (763) -5100,
Publication dates: . ' April 28, 2000
MayS, 2000
.. .
PI!\> 293224310085,0 PIN 293224310086,0 PIN 293224420062,0
~ lER TRUD1L & MARTINCO J A MARIN AURORA GNAT JOEL S & TAMMYL
2~.>;) CLEVELAND AVE N OR CURRENT RESIDENT OR CURRENT RESIDENT
ROSEVILLE, MN 55113 14319 UNDERCLIFT ST 3595 143RD AVE
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224420012,0 PIN 293224310143,0 PIN 293224310142,0
SMITH JEROME G JR. & SHANNON M MELL MICHAEL J & JANINE R HA YNES JOE L & DA YNA L
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
14385 ROUND LAKE BLVD 14309 VINTAGE ST 3619143RDAVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224310085.0 PIN 293224420013,0 PIN 293224310045,0
STONER TRUDIL & MARTINCO J A SHEPPARD LOLA J LANG DALE T & CARLA J
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
3605143RDAVE 14325 ROUND LAKE BLVD 14299 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224310094,0 PIN 293224310089,0 PIN 293224310090,0
BLESI PAUL A & ELIZABETH M BONNEVILLE D A & BERGSTROM CURRENT RESIDENT
OR CURRENT RESIDENT OR CURRENT RESIDENT 14288 ROUND LAKE BLVD
3648 143RD AVE 3608 143RD AVE ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
\
. .T 2932243 10046,0 PIN 293224310093,0 PIN 293224310091.0
3ERG DARELD F & CYRITHA LillOR STEPHEN F & J R NESS WAYNER&MARYM
0" CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
") UNDERCLIFT ST 14279 UNDERCLIFT ST 14268 ROUND LAKE BLVD
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN293224340039,O PIN 293224420019,0 PIN 293224340040.0
MARKLEY JAMEE C & ELERT TERRY HURSMAN ARLEN J C GRIFFIS JERRY L & VALENCIA
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
14235 UNDERCLIFT CT 14311 ROUND LAKE BLVD 14225 UNDERCLIFT CT
A}..TJ)OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN293224310152 PIN 293224310151.0 PIN 293224430003 .0
LEFEBVRE CLARA S BAILEY RANDALL & DEBRA WILLIAMSON FRANK
14278 UNDERCLIFT ST OR CURRENT RESIDENT OR CURRENT RE SIDENT
ANDOVER, MN 55304 14268 UNDERCLIFT ST 3527 142ND LN
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224430002.0 PIN 293224340044,0 PIN 293224340046.0
TRESSEL LORRAINE B STDENNIS PATRlCK J & MICHELLE' HENDERSON MICHAEL D
ORCURRENT RESIDENT OR CURRENT RESIDENT CURRENT RESID ENT
14267 ROUND LAKE BLVD 14258 UNDERCLIFT ST 14259 UNDERCLIFT ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
DIN 293224340048.0 PIN 293224340047,0 PIN 293224340045.0
)ERG JASON TEEPLE REGINA M TYSON NORMAN & MARY
- ~ CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RE SIDENT
_60 ROUND LAKE BLVD 14249 UNDERCLIFT ST 14248 UNDERCLIFT ST
, . "'T)OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 293224340002.0 PIN 293224430070,0 PIN 29322443005 8.0
CURRENT RESIDENT BALABAN IRMA R CURRENT RES1D ENT
14234 ROUND LAKE BLVD OR CURRENT RESIDENT 3542 142ND LN
----- - -- ----. , 11"'''''111 CITY 't7'CDf"\r\ CT' A 'NDOVER. MN 55304
I
- -'
r. 293224430057,0 PIN 293224340032,0
}t LEC CONSmUCTION KROCHALK PHILIP D & SUSAN A
Ie. ,0 CROCUS ST NW OR CURRENT RESIDENT
ANDOVER, MN 55304 14227 VINTAGE ST
ANDOVER, MN 55304
"
/
CITY OF ANDOVER
REQUEST FORCOUNCILACTION
, DATE: .hlP- n, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
N on-Discussion/Consent Administration
Richard Fursnan
ITS\II NO.
BY. Comp Time
REQUEST:
The City Council is requested to approve a proposal to buy down 40 hours of accumulated comp-time of
Dave Carlberg. Dave has been "maxed" out in comp time at 80 hours since the beginning of the year.
The school issue, comp plan, affordable housing, Grey Oaks and the continuing development of
Andover Station and redevelopment areas have taken an enormous amount of his time, not to mention
his regular duties of plat review.
\ Dave has done an excellent job of staying on top of the many demands we put on him. I have urged him
/ to take time off when he can, but the job simply will not allow it. He has donated several weeks of his
time to the City thus far. Staff sees the extra hours worked as part of getting the job done and several
department heads routinely put in hours that they do not get or expect compensation for.
The unusual circumstances in Dave's case have kept him in the office 50 hours a week consistently, ,with
several Saturday's also worked. He has not requested any compensation for his determination to do
what is necessary to get the job done. I do feel however, compelled at this point to buy-down 40 hours
of comp time, as he continues to keep us on time and on track with the many demands of the
aforementioned summer developments,
" CITY OF ANDOVER
J
REQUEST FOR COUNCIL ACTION
DATE: lune 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. John Hinzman,
Cedar Creek Greenway Plan City Planner
&6 Approve Resolution in Support of
. Master Plan
Request
The City Council is asked to approve the attached resolution in support of the Cedar
Creek Greenway Master Plan. The study area includes a small portion in the northwest
comer of Andover where the creek intersects with Rum River.
Back~round
\ The Greenway Plan was conducted by Anoka County through a DNR Grant. Bonestroo
J Rosene Anderlik & Associates (BRA) was selected to assist in the study in 1999. A
citizens advisory committee made up of approximately 30 residents from Andover and
Oak Grove met monthly to formulate goals and objectives. The Committee developed a
vision that emphasizes protecting and enhancing the character and quality of lands and
resources in the Corridor. Goals for stewardship of the corridor include the following:
. Maintain the existing character and natural appearance of the corridor, particularly
adjacent to the creek.
. Maintain the creek's function as a habitat corridor.
. Maintain and restore the quality of natural communities of the corridor, including
wetlands, woodlands and prairies.
. Maintain the exiting types and intensity of recreation in the corridor, including
canoeing, hunting, trapping and nature observation, and ensure that recreation is
complimentary to the high quality natural resources of the corridor.
The advisory commission emphasized that no new regulations are needed and that
resident participation in plan recommendations be voluntary.
A draft copy ofthe entire plan is available upon request
Attachments
. Resolution
. Draft Cedar Creek Plan - Executive Summary, Vision for Future, and Plan Goals
'\
) CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO. R -00
A RESOLUTION IN SUPPORT OF THE CEDAR CREEK GREENWAY CORRIDOR
MASTER PLAN
WHEREAS, Cedar Creek transverses through the northwest comer of Andover;
and
WHEREAS, Cedar Creek is identified a significant natural amenity to the City; and
WHEREAS, Maintenance of the existing character and natural appearance of the
corridor is important; and
WHEREAS, Anoka County, in cooperation with residents ofthe Cities of Andover and
Oak Grove and Minnesota Department of Natural Resources has developed the Master
Plan for Cedar Creek Greenway Corridor.
'\ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
\ / hereby supports the goals and findings of said report.
Adopted by the City Council of the City of Andover on this 6th day of June, 2000,
CITY OF ANDOVER
ATTEST: J,E. McKelvey, Mayor
Victoria V olk, City Clerk
\ )
I
I \
I. Executive Summary
I This plan was created for the Cedar Creek Greenway Corridor in Anoka County. The plan
I includes a vision for the future of the corridor, and goals, strategies, and a management plan to
achieve the vision. The plan document also includes a description of the planning context and
background for the study, a summary of the natural and cultural history of the corridor, a
I description of the natural resources in the corridor, and an evaluation of the potential for
protection and restoration of these resources.
I The Anoka County Parks and Recreation Department initiated the Corridor Study as a result of
its Comprehensive Plan process. The Comprehensive Plan identified 15 open space parcels in
the County with high resource quality. Four of these, in the Cedar Creek area, were given high
I importance for protection and management. The future stewardship of these ecologically-
significant areas and the natural corridor that surrounds them is the focus of this study. The
study was funded by the Minnesota DNR under its Metro Greenways Program and by Anoka
I County.
The Cedar Creek Corridor included in this study is located in north central Anoka County, within
I the communities of Oak Grove and Andover. The corridor includes 6.5 miles of the creek, and
approximately 9,000 acres that constitute its watershed area. The entire watershed of the creek
extends to the north and east, into Isanti County, and is approximately twice the size of the area
r / included in this study.
At the time of European settlement, the uplands in the study area were dominated by oak
I openings and barrens plant communities. Wet prairies, marshes and sloughs dominated the low
areas along the creek. These included conifer bogs and fens, which were rare in the Twin Cities
region.
I The study area still includes remnants of these presettlement plant communities, and has an
unusually high concentration of these areas. The creek itself is also an outstanding resource,
I given its proximity to a rapidly developing metropolitan area. Key conclusions from the natural
resource analysis include the following:
. Cedar Creek functions as a natural connector between significant high quality natural
I resources, connecting Cedar Creek Natural History Area and the Rum River.
. Cedar Creek itself is a significant natural resource. The quality of the creek and its
habitats is a reflection of the land management that occurs within its watershed.
I Currently, it is a stable stream of good quality that provides spawning habitat for
game fish species that are resident in the Rum River.
. The area within the Corridor includes high quality upland and wetland natural
I community areas. The diversity and interspersion of these communities and their
connection with the corridor increases overall habitat value of the area. A number of
I these resources are of state-wide significance.
. A variety of public funding sources and partners exist to aid in protection and
management of the natural communities in the corridor. Active management is
I needed to protect and restore some of these communities, and assure their quality for
future generations.
Cedar Creek Greenway Corridor Master Plan 1
,
I
~
,
i
,.. The most common land use within the corridor will continue to be low-density residential land
/
;
~ use. The numbers of single-family homes within the Corridor is expected to grow significantly
over the next 20 years, while the proportion of agricultural land use in the Corridor declines.
j
~ The Citizens Advisory Committee for this study examined the high quality of natural resources
in the corridor, and potential for change as the area grows. The Committee developed a vision
~ that emphasizes protecting and enhancing the character and quality of lands and resources in the
~ Corridor. Goals for stewardship of the corridor include the following:
,
. . Maintain the existing character and natural appearance of the corridor, particularly
adjacent to the creek.
. Maintain the creek's function as a habitat corridor
j . Maintain and restore the quality of the natural communities of the corridor, including
.
~ wetlands, woodlands and prairies
. Maintain the existing types and intensity of recreation in the corridor, including
~ canoeing, hunting, trapping, and nature observation, and ensure that recreation is
complimentary to the high quality natural resources of the corridor.
. The Advisory Committee recommended that no new regulations are needed to manage the
corridor. The plan relies on the Cities of Oak Grove and Andover to enforce existing zoning,
~ subdivision, and natural resource ordinances, and to work with developers to implement
~ "clustering" and other techniques to protect the resources and character of the area. The plan
encourages voluntary efforts by private landowners to accomplish land protection and restoration
~ goals. The Management Plan (Section Xn describes fully the strategies recommended for
management, restoration, coordination, and financing the implementation of this plan.
~
~
--
..
i
~
~,
, '-~
Cedar Creek Greenway Corridor Master Plan 2
.
III
~; Anoka County
III Cedar Creek Greenway Corridor Feasibility Study
-. ". ~ '. . /
~ '# 5 .-
. .~ r EAST BETHEL ,
- ~ ,.r UN'MX>D .
~. ~ ?-; / . TOv\NSHlP
TCMNSHIP( '''l ( ~
-- '. '. ~ ( ~:~Eg~
_. ) ~RBT
__ EAST TWIN LAKES !1 ~
COUNTY PARK . "lit
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t ~
II . HAM WE" ~ ~ """",,,e
. ~
~
II
~ ~~ A
II
III
.. County Park
III. _ Regional Park
ISLANDS OF
_. - Cedar Creek Corridor PEACE .' co, .
II! COUNTY PARK T "
. ANOKA COUNTY
RIVERFRONT I
~ REGIONAL PARK
II
~:t~:,. '~,
~~~c~._ -_..._.~.-._-.". -. .-=,-~,-o,."-
--) Cedar Creek Greenway
Corridor
Citizens Advisory
1 Committee
l1li
,
~ Vision for 2030
P- It is June 1, 2030. 7l7irty years ago the Citizens Advisory
Committee for the Cedar Creek Greenway Comaor created a
vision for how the Corridor should exist in the future, and a plan
-- to achieve that vision. Today the Committee members are
meeting again for a tour through the corridor. 7l7ey Will receive an
award for their successful work from local legislators and the
. Minnesota Land Trust 7l7is is what they see on the tour...
A 5 we put our canoes In Cedar Creek at County Road
~) 13, we notice that the scene is still mainly rural, with
light traffic on the road, and an occasional train
whistle in the area. Committee members recalled that most
wanted to keep the area as it was in 2000, because of the
beauty of the area.
The area is still rough to walk (though it can be done).
However, Committee members chose to canoe the corridor
~ today-those who travel this way find it
~ __difficult, but rewarding.
~ :) As the Committee arrives at
- the area where Lake George
Boulevard crosses Cedar Creek, they note many new homes,
and see that development is nearly complete in the area.
New homes are on lots that average 10 acres in size, though
some have been clustered to preserve open space along the
creek. In some older portions of Oak Grove, homes remain
on 2V2-acre Jots.
As we descend the ridge to the Creek, a vista of natural
green fills the view, and it is clear that the character of the
creek and its function as a natural corridor has been
Cedar Creek Greenway Corridor Master Plan 4
----.-.-, '" ....'-.--'-'-'--"-_.'_..~--~.~~--_._--
maintained. The creek is bordered by tall natural vegetation,
and homes are set back some distance from the creek. We
cannot see them as we paddle. Most of the land along the
creek is owned by private landowners. Conservation
easements and scenic easements help to protect large tracts
of land with special resources and views. Homeowners, too,
appreciate the preserved views of the creek, and the
undamaged splendor they see from their windows.
I
~ C edar Creek is filled with clean, clear blue water.
Springs are seen, but no bank erosion is evident as
I
~ the Committee floats down the creek. In most
\ areas, the sandy bottom of the Creek is visible, Minnows and
I 'I fish swim by, moving faster than our canoes. Staff of the
~ 1 Anoka Conservation District have reviewed the water quality
~ monitoring trends over the past thirty years, and note that
the quality of water has remained about the same, and that
fish and invertebrate populations have become more
g diverse, indicating a very healthy creek. Algae blooms are
~y ~~ not a problem, because fertilizer runoff is
~~.p ~ filtered by ponds and the natural
~ ~ vegetation that borders the creek.
cf~~
~p~ ~.-:dJ..' The creek still flows in its natural,
--.,;::.;p::=: ~ winding course. While the
vegetation along the banks is thick and diverse, there are
few dead trees within the channel. No docks block the
channel. Children are fishing in the creek, finding northern
pike, smallmouth bass, and pan fish. Flocks of ducks that
hatched this spring hide in the tall grass as we move past.
The creek has been helped by financial assistance programs
established to fund private sewer modifications, and funds to
assist landowners in replanting and restoring native plant
species.
T he natural communities that made this corridor so
unique at the turn of the century have been
retained, as well as the broad band of green space
along the creek. Large areas of wetland are still visible along
the creek and throughout the watershed, helping the creek
Cedar Creek Greenway Corridor Master Plan 5
i
~
~l" and plant and animal communities to thrive. Controls on
~ .
storm water have helped to maintain the historic water
systems in the wetlands, and landowners are using fire and
other measures to maintain these ecosystems. A number of
wetlands that were drained a century ago have been
restored.
The wetland habitats are supporting the same degree of
~ plant and animal life as they did 30 years ago. Committee
~
members can still see the large tamaracks, maples, hawks,
I songbirds, ducks, deer, beavers, muskrats, mink, and other
~ plants and wildlife that they remember. Insects and
butterflies are abundant in the prairies and wetlands. The
-- ~
'/ occasional bear is also seen, though not always appreciated!
1
I R .searchers from Cedar Creek Natural History Area
report that the recommendations of the first Cedar
Creek Corridor plan were also used in . ,
the area to the north, and have helped to I.
maintain habitat connections along the
whole creek, from Rum River Park through
the Natural History Area. This has helped
to protect the diversity of animal
populations as change occurred in the area
over the past thirty years. The numbers of
some animals have actually increased. Another wolverine
was seen on Bob Burman's property recently-the first
sighting in over 30 years.
The careful management of woodlands by landowners in the
corridor is evident on the tour. While natural succession is
. evident in some areas, the woodlands in the corridor have
not decreased in size or diversity. New trees of the types
native to the area before settlement have been planted, and
oak wilt has been controlled. Oak savannas have been re-
established in areas where they once occurred, and are
maintained through controlled burns. Plantings by
landowners and volunteers have restored the grasses and
flowers under the oaks.
Cedar Creek Greenway Corridor Master Plan 6
A ,eas of natural prairie grass and plants abound.
Committee members are pleased to see that the
flower-filled meadows have not been drained, and
still support the diversity of plant and animal life that they
enjoyed thirty years ago. The prairie areas that existed in
the corridor in 2000 have remained undeveloped, and
careful management and replanting have helped to restore
additional prairies and wildflowers.
II Some farms still occupy the land in the watershed. Farmers
are employing a variety of best management practices to
III control erosion, and are using vegetated buffers on the
creek, feeder streams, and wetlands to filter pesticides and
III herbicides. The Agricultural Preserves program and other
incentives have helped to keep farms in the area, and
provide cost share for the BMP's. Education programs are
III available to farmers on special tilling and farming practices
to minimize erosion and runoff. Much of the farming now is
cash crops; few families earn their living from farming, and
no cattle or hog farms remain in the watershed. Farm runoff
has been diverted upstream to settling basins.
Homeowners have also restricted their use of lawn fertilizers
and pesticides to help to protect the environment of the
area. Many people have continued to live in the area,
including the original Advisory Committee members due to
the high quality of life. Some believe that it has increased
over time.
A limited number of hunters still enjoy the area.
Permits or drawings are used to assure that local
landowners have first rights to hunt in the corridor
area. Small game is abundant in the area, and hunting helps
to manage these populations as well as the deer. Habitat for
wood ducks and other waterfowl has been improved by
landowners who have added housing and other nesting
structures.
A few hardy canoeists still travel
the length of the creek. Most come
for birdwatching, or other nature
Cedar Creek Greenway Corridor Maste
II
p,
observation. There is a single, unimproved canoe/kayak
II access at County Road 13, with limited parking provided.
Signs at the site caution canoeists to minimize impacts to
II the corridor, and respect the property rights of owners along
the creek. No trails have been created in the corridor.
Recreation has been limited to minimize impacts to the
lilt, natural communities and habitat of the corridor. Walking
paths and active recreation areas have been developed in
,",~ parks in Oak Grove and Andover.
III F ew new roads have been built within the corrido,
since 2000. Utilities have been placed underground,
and do not interfere with views. Roadsides have been
planted with native grasses, and ponding areas help to filter
runoff. New roads are narrow, and are required to be
designed to minimize impacts to the creek and other
II resources. Bridges and culverts have been modified to allow
easier passage for canoeists.
) Committee members praised the work of local landowners,
~
the county, and other partners in the Corridor, who have
II continued to work together the Cedar Creek Partnership over
the past years. As we pulled our canoes out of the creek, we
celebrated the vision that allowed us to enjoy this green,
~ , natural land just as people have since the dawn of human
'.
presence here.
III
-
~
.
I
,
~
III Cedar Creek Greenway Corridor Master Plan 8
"- "._-~
1
;
~
-.
/ ITI. Summary of Goals and Management Plan
.
---
Based on the Vision created for the future of the Corridor, the Advisory Committee for the plan
,
, developed goals and a management plan to achieve the Vision.
---
Three key goals were identified for the plan:
--
Goal 1: The natural character of the creek and its function as a connective habitat corridor
should be maintained.
J
. Goal 2: The quality of the natural communities of the corridor (wetlands, woodlands and
! prairies) should be maintained or restored.
. Goal 3: Existing recreational opportunities should be maintained, including canoeing,
. trapping, and nature observation, to maintain the quality of natural resources in
the Corridor.
The implementation plan includes recommendations and strategies for realizing these goals.
. The recommendations include the following;
:1 Recommendation 1: The Cedar Creek Greenway Corridor should be designated to include the
~ land within the watershed of Cedar Creek in the cities of Oak Grove and Andover.
~ Recommendation 2: Anoka County, the Anoka Conservation District, the Cities of Oak Grove
~ and Andover, local Water Management Organizations, the Minnesota Land Trust, natural
resource agencies, Cedar Creek Natural History Area, and Local Advisory Committee for the
~ Corridor should work cooperatively to implement the Corridor Management Plan. The plan
includes strategies that detail the roles and responsibilities of each of these organizations in
implementing the plan.
. Recommendation 3: Local governments in the Cedar Creek Corridor should enforce land use,
zoning, and natural resources regulations to protect the natural resources of the Corridor.
. Recommendation 4: The quality of natural resources of the Corridor should be maintained or
restored.
~' Recommendation 5: Voluntary actions by private landowners should be supported and
encouraged as the primary strategy to implement the Corridor Management Plan to protect and
~ restore natural areas and habitats within the Corridor. The plan lists a variety of assistance
programs that are available to private landowners to assist in land protection and management.
II Recommendation 6: The current water quality and habitat quality of Cedar Creek should be
maintained or enhanced. A natural flow regime should be maintained.
, Recommendation 7: Existing recreational opportunities should be maintained in the Corridor,
~ including canoeing, hunting, trapping, and nature observation. Recreational activities should be
~ Cedar Creek Greenway Corridor Master Plan 9
= managed to compliment or enhance the natural resources of the Corridor, and to minimize
negative impacts to resources and private landowners.
Recommendation 8: The Anoka County Parks and Recreation Department should identify
opportunities to provide interpretive information about the Corridor and its natural resources to
residents of the Corridor and the County.
-- Recommendation 9: Cedar Creek should be monitored on a regular basis to identify trends or
changes in water quality and habitat.
. Recommendation 10: Communities and Citizens in the upper Cedar Creek Watershed (above
the designated corridor) should consider completion of a resource inventory and management
. plan to protect the Creek and natural resources in the Upper Watershed, in coordination with the
corridor designated in Oak Grove and Andover.
J
J
. The strategies to implement each of these recommendations are included in Section XI.D.
.
"
---
J
/
--
1
--
1
..
,
--
I
--
,
.
--
,:
II Cedar Creek Greenway Corridor Master Plan 10
~>' .-..".
~ CITY OF ANDOVER
REOUEST FOR COUNCIL ACTION
DATE: June 6, 2000
AGENDA SECTION ORIGINATING OEPARTMY
Non-Discussion/Consent Item Todd Haas,
Engineering
ITEM NO.
Approve No Parking Resolution Along
Crosstown Boulevard at Sunshine Park
[J{p.
The City Council is requested to approve the resolution designating no parking on both sides
of Crosstown Boulevard NW from Hanson Boulevard NW to Andover Boulevard NW as
recommended by the Park and Recreation Commission.
If the City Council has been along this section in the evening, vehicles have been parking in
the boulevard and have been causing turning in and out of parking lots to be dangerous.
Captain Klink of the Anoka County Sheriffs Department has reviewed this and is
recommending the City Council approve the resolution.
i
This resolution will be sent to the Anoka County Highway Department for their review and
approval.
If acceptable, the County will also install the necessary signs.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF
CROSSTOWN BOUELVARD NW BETWEEN HANSON BOUELVARD NW AND
ANDOVER BOULEVARD NW.
WHEREAS, the City Council is cognizant of the public nuisance, traffic
hazard, congestion; and
WHEREAS, the Council believes restricting the parking in the area will be a
solution to the problem.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that
the portion of Crosstown Boulevard NW between Hanson Boulevard NW and
Andover Boulevard NW be designated no parking.
Adopted by the City Council of the City of Andover this ....illh... day of June ,
2000.
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk~~VJ
ITEM NO.
~~ of Probationary Period/Cindy Ramseier
0.., ,
Cindy Ramseier, job-share receptionist/ secretary, has successfully completed her six-month
probationary period. She has demonstrated a willingness to learn new things, performs here
job functions well, is helpful to other departments and is a pleasant and outgoing person.
It is recommended that Cindy be elevated to the next level of the city's step program and her
salary be increased accordingly.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City ClerkO. ~~
ITEM NO.
~OIUtion/TeleViSing of County Board Meetings
~.
Enclosed for your review is a letter from Terry O'Connell, the Franchise Administrator for the
Quad Cities Cable Commission asking cities in Anoka County to encourage the County Board
to tape and cablecast their meetings. Also enclosed are a letter from Richard Swanson, Chair
of the North Metro Telecommunications Commission and a proposed resolution.
t.
, "North Metro
) ~ T'''''''~icadom C=m""""
-.. ---
';'.,.<, ,.:;:, Media Center
';:'';;>,?'.,:i:,;.5:'-Y
t
April 27,2000
Mr. Terry O'Connell
Quad Cities Cable Comm.
2015 1st Avenue
Anoka MN 55303
Dear Mr. O'Connell:
Enclosed please find a copy of a model resolution the North Metro Telecommunications
Commission and the administrators of Blaine, Centerville, Circle Pines, Ham Lake,
Lexington, Lino Lakes, and Spring Lake Park are supporting.
We are all very interested in seeing the Anoka County Board meetings cablecast for our
citizens. To that end, we are offering encouragement to the County Board to do so, and
the services of the North Metro Media Center staff.
If you and your member cities/city council also believe this is important, we would
appreciate your show of support, by forwarding the attached model resolution to your city
council for adoption.
Staffwill be receiving the approved resolutions from our cities and forwarding them to
the Anoka County Board collectively. If you would like to include your resolution in this
packet please let Heidi Amson, 763-780-8241 ext. 24, know.
If you have any questions regarding this action please feel free to contact me in the
evening at 763-784-9429 or dswanson(aJ,ci.blaine.mn.us. Thank you for your
consideration.
Sincerely,
~;(J----
Richard Swanson
Chair, NMTC
1630 -101" Avenue Northeast. Blaine. MN 55449-4419 Phone: (612) 780-8241 Fax: (612) 780-8242
Blaine. Centerville . Circle Pines . Ham Lake . Lexington . Lino Lakes . Spring Lake Park
" RECEIVED
"
'..
ANDOVER". MAY 2 2 2000
'\ ANOKA "
/ "-
CHAMPLIN... CITY Or ANDOVER
RAMSEY G
~ QU 2015 1st Avenue, Anoka, Minnesota 55303 . 421-6630
"" AD CITIES CABLE COMMUNICATIONS COMMISSION
MEMORANDUM
TO: Richard Fursman, City of Andover
Mark Nagel, City of Anoka
Bret Heitkamp, City of Champlin
Jim Norman, City of Ramsey
FROM: Terry O'Connell, Franchise Administrator
DATE: May 19,2000
RE: Request from North Metro Telecommunications Commission
Enclosed please find a copy of a letter and a draft resolution that was sent to the Quad Cities
Cable Commission by Richard Swanson, Chair of the North Metro Telecommunications
Commission.
/
The letter and resolution are self-explanatory. North Metro is asking cities in Anoka County to
encourage the Board to videotape and then cablecast their meetings. The Quad Cities Cable
Commission rC\'iewed this matter at its meeting on May 18,2000. The Cable Commission's
decision was to forward the model resolution to member city councils and let them decide if they
wanted to pass this resolution. It is forwarding the model resolution on without a
recommendation either in favor or against its passage, due in part that one member city is located
in Hennepin County. In addition, Commissioners felt that individual city council were in the
best position to determine if they want to pass the model resolution.
Please place this m~tter on the next available city council agenda for review.
If you, or any Council member, have any questions regarding this matter, please give me a call at
427-1411.
Thank you.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ENCOURAGING THE ANOKA COUNTY BOARD OF COMMISSIONERS
TO RECORD OR TELEVISE THEIR MEETINGS.
WHEREAS, the City of Andover is one of three Anoka County cities that are members
of the Quad Cities Cable Communications Commission; and
WHEREAS, the members of the Quad Cities Cable Communications Commission
actively use cable television technology to keep our constituents informed of the workings of
local government; and
WHEREAS, the County of Anoka is a critical component of local government serving
the citizens of the City of Andover; and
WHEREAS, the citizens of our city will benefit from the availability of televised
meetings of the Anoka County Commission; and
WHEREAS, the technical staff of the Quad Cities Cable Communications Commission
can be available to assist Anoka County in making televised meetings of the County
, Commission a reality.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that
the Anoka County Commission is hereby requested and encouraged to work with the staff of
the Quad Cities Cable Communications Commission to record or televise the meetings of the
Anoka County Commissioners such that Anoka County Commission meetings may be
televised for our citizens.
Adopted by the City Council of the City of Andover this 6th day of Tune ,2000.
CITY OF ANDOVER
Attest:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
--
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk O,OP
ITEM NO_
I~ prove Garbage Hauler Licenses
1.
The City Council is requested to approve the following garbage hauler licenses for the period
June 1, 2000 through May 31, 2001:
Residential Licenses Commercial Licenses
Waste Management of Minnesota Waste Management of Minnesota
10050 Naples Street NE 10050 Naples Street NE
Blaine, MN 55449 Blaine, MN 55449
Larry's Quality Sanitation Ace Solid Waste, Inc.
17210 Driscoll Street NW 3118 -162nd Lane NW
Ramsey, M 55303 Andover, Mn 55304
Ace Solid Waste, Inc.
3118 - 162nd Lane NW
Andover, MN 55304
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City ClerkO, D~
ITEM NO.
Resolution/Declaring the Andover Family Fun
Fest a City Function
<'3().
In preparing for the 5th annual Andover Family Fun Fest, we discovered that the city's
insurance will not cover our events as the Andover Family Fun Fest is not officially
recognized as a city function. Therefore, we would need to purchase our own insurance. The
minimum cost for the insurance would be $1,000 which the committee cannot afford.
By adopting the attached resolution the Fun Fest would become a city supported function.
By adopting the resolution, the city would be in control of the festival, the contracts for such
things as the carnival, parade permit, etc. would be in the city's name and all funds would go
through the city's bank accounts.
The Council is requested to adopt the resolution.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Res. No.
A RESOLUTION DECLARING THE ANDOVER FAMILY FUN FEST A CITY FUNCTION.
WHEREAS, the Andover Family Fun Fest is in its fifth year; and
WHEREAS, the committee for the Fun Fest is comprised of city volunteers; and
WHEREAS, the intent was for the Andover Family Fun Fest to be a city celebration.
NOW, THEREFORE, BE IT RESOLVED, that the City Council declare the Andover
Family Fun Fest to be a city function.
Adopted by the City Council of the City of Andover this 6th day of Tune ,2000.
CITY OF ANDOVER
J Attest:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
c)~~tN}\L
-
W
DATE June 6. 2000 I I
ITEMS GIVEN TO THE CITY COUNCIL ~ ~
. Park & Recreation Minutes - May 4, 2000
. Planning & Zoning Minutes - May 9, 2000
. Planning & Zoning Minutes - May 23, 2000
. Anoka County Public Official Guide 2000
. Nature's Run Sketch Plan
. Gold Nugget Development Sketch Plan
. Merit Development Sketch Plan
. Main Street Monitor
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
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BOYUM AND SAGVOLT PROPERrIES N
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~o FRI 12:43 FAX 6123736847 BRIV. INC. IgJUU':
~' foowRRPIOf M a . S tre t
In e
,---..- MINNESOTA
rJl 1111- n Al , T fl Q
...- _:::
__.. -. .6' - - - - -. .A1T .. -
-.- ~ - - .. .. ~ - -
C t t . U d a t e
0 n s r u c I 0 n
Construction Progress: ./ Riverdale Boulevard (nonh of Main Street) will
ConstrUction activities that have occurred in the last two remain closed until the 2nd week of August
Riverdale Boulevard south of Main Street will remain
weeks include the following: open.
./ The storm sewer construction on the north side of
Main Street from ./ The bridge girders will be placed through the week
Riverdale Boulevard ofJune 5. Nightly
(old Poppy Street) to closures on TH 10 will
Round Lake occur to allow the
Boulevard continued. bridge girders to be
placed. Hours of
./ Work continued on the closure will be from
bridgeoverTH 10. approximately 10:00
PM to 5:00 AM. This
Bridge girder placement commenced this week. The work should be
girders will be in place by next Friday, June 9, 2000. completed by the
end of that week.
./ Bridge approach panels on the Coon Creek Bridge ./ Crooked Lake Boulevard from Gladiola Street to
on Coon Creek Boulevard were completed on the 123rd Avenue will be closed on June 2nd. This will
west half of the roadway. include the slip ramp connection to eastbound
TH 10. This will remain closed until the new
./ ConstrUction continued on the east and northwest connection of Crooked Lake Boulevard to l2Ath
ramps of the Main StreetlTH 10 interchange. Avenue is completed by October 2000.
./ The muck excavation work east ofTH 10 continued. .I Concrete curb and gutter and paving will be placed
on the east side ramps to TH 10 and the eastbound
In the Next Several Weeks: off-ramp.
./ Traffic will continue La operate in the present Future Traffic Impacts:
aligxunent on the south side of Main Street until July
2000, Trame signals will continue to operate at Traffic on Coon Creek Boulevard will be switched from the
Riverdale Boulevard. Northdale Boulevard. and the east side of the roadway to the west side of the
west ramps ofTH 10 roadway within the next two weeks.
'! ":i ~:;1:i -,::,'. .' -'~~'" '-',r
~
Please feel free to contact Paul Danielson, Project
Manager for BRW, Inc., at 612-373-6464 or e-mail
atpauCdanielson@urscorp.com. Questions can
also be addressed to the City Engineer's Office at
,763-767-6479,
~,;. ..~ ,-.',~
JUN 02 '00 12:55 6123736847 PAGE. 02
, o~c ii\lL~
..
CITY OF ANDOVER .....
REQUEST FOR COUNCIL ACTION
Date June 06, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Amended Approval of Claims Finance
Jim Dickinson
lITEM NO. Schedule of Bills I
REQUEST:
-
The Andover City Council is requested to approve total claims in the amount of$ 861,860.10 .
BACKGROUND:
Claims totaling $126,966.06 on disbursement edit list # 1 dated 05-30-2000 have been issued and released.
Claims totaling $734,894.04 on disbursement edit list #2 dated 06-06-2000 will be issued and released upon
Council approval.
Date: 06-06-2000 Approved By:
,
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion - Addendum Community Development
AGENDA ITEM NO.1
Discuss Status of David 1. Carlberg
Grey Oaks Community Development Director
Attached please find the legal review of the Grey Oaks Plat by William G. Hawkins,
William G. Hawkins and Associates.
, f
/'
LAW OFFICES OF
William G. Hawkins and Associates
2140 FOURTH AVENUE NORTH
L lA 'I I ANOKA, MINNESOTA 55303
ega SSlS an
WILLIAM G. HAWKINS TAMMI J. UVEGES PHONE (763) 427-8877
FAX (763) 421-4213
BARRY A. SULLIVAN E-MAIL HawkLawl@ao1.com
June 2, 2000 RECEIVED
The Honorable Jack McKelvey and Members of the JUN 5 2000
Andover City Council
City of Andover CfTY OF
1685 Crosstown Boulevard NW ANDOVER
Andover, MN 55304
Re: Grey Oaks Plat
Dear Mayor McKelvey and Members of the City Council:
You have asked that this office give you an opinion as to the legal status of the Grey
Oaks plat application. We have reviewed the file, consulted with City staff and
considered applicable Minnesota law. The following is a summary of that review and
analysis. Our conclusion is that the revised covenants submitted by the developer
essentially comply with the senior restricted housing conditions placed upon the
conditionally approved preliminary plat and special use permit. However, a variety of
other concerns and deficiencies exist which require Council review and which would
justify denial of the final plat.
PROCEDURAL H/STORY
The Grey Oaks development is a plan submitted by Grey Oaks, Inc., to develop a 60
acre parcel in the City. The property is currently zoned M-2, Multiple Dwelling under
the zoning ordinance and is similarly designated under the City of Andover
comprehensive plan as residential medium density. The proposed development was
submitted as a planned unit development (PUD) under Andover City Ordinance No.8,
Section 4.18 and Ordinance No. 112. The developer also submitted a request for a
special use permit under Ordinance No.8, Section 5.03.
The preliminary plat application and special use permit application proposed to develop
a mixed use of senior/empty nester construction consisting of two 65 unit apartments,
six 30 unit apartments, 38 townhomes, four single family homes and three
commercial lots.
The preliminary plat and special use permit applications were reviewed thoroughly by
City staff. A public hearing was held before the City of Andover Planning and Zoning
Commission. Following the public hearing, the Planning and Zoning Commission
recommended to the City Council that the preliminary plat application and special use
permit application be denied.
, 1
Mayor and Council Members
June 2, 2000
Page 2
The applications were presented to the Andover City Council which disagreed with the
recommendations of the Planning and Zoning Commission and conditionally approved
the preliminary plat on March 2, 1999 in Resolution No. R056-99, The resolution
approving the preliminary plat set forth 23 specific conditions for final plat approval.
The City Council also disagreed with the recommendations of the Planning and Zoning
Commission with respect to the special use permit application. The special use permit
application was conditionally approved by the City Council on March 2, 1999 in
Resolution No. R055-99. The resolution approving the special use permit set forth
seven specific conditions for final approval. One of those conditions specified that the
association covenants adequately provide for senior restricted housing.
Pursuant to Minnesota law and Andover City Ordinance, a developer must make
application to the City for final plat approval within 12 months of preliminary plat
approval unless an extension is granted by the City. The deadline for submission of
the final plat application for Grey Oaks was March 2, 2000, Prior to the expiration of
the preliminary plat, the City Council granted an extension for final plat application to
April 3D, 2000. Within the extension period, the developer filed with the City the final
plat application for the planned unit development of Grey Oaks.
The final plat application was reviewed by the City Council and the Council resolved to
deny the final plat in findings which were adopted by the City Council on April 4,
2000 in Resolution No. R084-00. The City Council found that the final plat application
was inconsistent with the terms and conditions of the approved preliminary plat and
special use permit. Specifically, the developer had failed to comply with condition five
of the special use permit regarding the preparation and approval of appropriate
homeowners association documents. Second, the City Council found that conditions
four, five, six and nine of the resolution approving the preliminary plat had not been
met. Specifically, the comments communicated by City consultants TKDA and MFRA
had not been satisfied, Comments communicated by the City engineering department
had not been satisfied, comments communicated by the City planning department had
not been satisfied and City staff had not approved the application as being in
compliance with the applicable City ordinances, policies and guidelines. Third, the
City Council found that the developer had revised the preliminary plat without Council
approval four times and that these revisions required re-approval of a revised
preliminary plat by the City Council prior to final plat approval. Fourth, the City Council
found that the homeowners association bylaws, rules, covenants and restrictions
were incomplete, had not been approved by the City Council and did not conform to
condition five of the resolution approving the special use permit. The developer was
aware that he had until April 30, 2000 to comply with the conditions of the
preliminary plat and special use permit approvals.
By letter dated April 12, 2000, Mr. Carlberg advised the developer that the preliminary
plat would be on the City Council agenda for April 18, 2000 to review the items that
, ,
Mayor and Council Members
June 2, 2000
Page 3
required City Council approval. Mr. Carlberg requested the developer submit ten
copies of the preliminary plat with written responses following the last staff review.
The developer failed to submit the documents and the matter was removed from the
agenda for the April 18, 2000 City Council meeting.
On Friday, April 28, 2000, the developer through an attorney submitted
documentation to this office consisting of a document entitled "Declaration of
Covenants for Grey Oaks at Andover" and a cover letter from attorney Joseph M,
Finley. With the cover letter, the developer requested final plat approval for Grey
Oaks as "administrative approval" of the final plat. The letter also made it clear that
the submission of the documents was done "under protest" and reserved the right to
initiate a legal action against the City regarding the Grey Oaks project, the Andover
Oaks project, the high density moratorium and the proposal to re-zone and adopt a
comprehensive plan amendment for the subject property in the future. A copy of the
revised covenants and accompanying cover letter from Mr. Finley are attached
herewith.
On May 2, 2000, a City-initiated proposal to amend the subject property to an R-4
(single family residential) district and to adopt a consistent comprehensive plan
amendment was tabled.
SENIOR RESTRICTED COVENANTS
One of the original conditions of the preliminary plat approval, agreed to by the
developer at the time, was that the development and the resulting association
covenants provide for senior restricted housing. One of the reasons for denying the
final plat by resolution adopted April 4, 2000 was the fact that the proposed
covenants did not provide for senior restricted housing. Subsequently, the developer
submitted revised covenants. Those covenants do provide for senior housing for all
but 70 of the planned 352 units. In my opinion, the revised covenants do comply
with the conditions contained in the conditionally approved preliminary plat and special
use permit. If the covenants are to be accepted by the City then I suggest two
clarifications be made with respect to the senior restricted terms. First, the terms and
language of Article IV, Section B "Restrictions on Alienation of Units" needs to be
clarified and the intent of this section explained more definitely by the developer.
Second, the covenants should more clearly provide that the City of Andover may
enforce the senior restricted housing covenants and that those provisions may not be
deleted or significantly altered without the written consent of the City.
There are additional concerns about provisions of the covenants unrelated to senior
restricted housing which are addressed below.
, .
Mayor and Council Members
June 2, 2000
Page 4
THE FINAL PLA T APPLlCA TION IS NOT CONSISTENT WITH THE PRELIMINARY PLA T
The revised final plat application is not consistent with the terms of the conditionally
approved special use permit and preliminary plat. City staff views these deficiencies
as significant. Andover City Ordinance No. 10, Section 11.02 requires Council
approval of a final plat and further requires the plat to conform to the preliminary plat,
That section provides:
"11.02 Council Action. The Council shall act on the final
plat within sixty (60) days of the date of which it was filed
with the 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 it does not meet the
engineering and design standards and specification of the
City."
In this case the final plat application is not consistent with the conditionally approved
preliminary plat. In fact, the conditionally approved preliminary plat has been
amended several times without approval by the City Council.
Parking. There has been a substantial increase in the number of parking spaces for
the development since the approval of the preliminary plat, The Council earlier
approved with the preliminary plat a parking space ratio of 1.5 spaces per unit. The
final plat application seeks a parking ratio of 2.5 spaces per unit. This increase in the
number of parking spaces has caused other physical changes to the plat. The Council
has never approved the 2.5 parking space ratio and earlier expressed a desire to limit
parking to 1.5 spaces per senior unit.
Easement Encroachment. The building lot boxes and parking lots for a number of the
buildings within the development encroach upon the utility and drainage easements to
be maintained by the City. Many of these encroachments are the result of the
additional parking spaces referenced above. This is not consistent with the
preliminary plat. The City Council never authorized encroachments. The ,developer
would either need to relocate the buildings and parking lots outside of the easements
or obtain variances.
Green Space Encroachment. City Ordinance Section 8.08 requires a 20 foot green
space between streets rights-of-way and parking lots. Similar to the problem with the
easement encroachments referenced above, the parking lots do not comply with the
20 foot green space ordinance throughout the development. Again, the parking lots
would need to be relocated or variances obtained. The City Council has not approved
these encroachments.
. ,
Mayor and Council Members
June 2,2000
Page 5
Relocation of Building, Two of the town home buildings have been relocated from the
approved preliminary plat. The relocation has not been approved by the Council. The
number of units located on block three has gone from ten units to eight units and the
number of units in block four has gone from 20 units to 22 units. There was also a
slight realignment of 155th Lane, None of these changes received Council approval.
Recreational Facilities. A tennis court, putting green, basketball court, volleyball court,
walking trails and gazebo type amenity were all included in the approved preliminary
plat. In the latest revised preliminary plat, these items were either moved or deleted.
The Council has never approved the relocation andlor deletion of these facilities.
Location of Sidewalks. In the preliminary plat the internal sidewalks were originally
considered private sidewalks to be constructed by the developer and maintained by
the association. They were located within rights-of-way and within common open
space areas, All of the proposed sidewalks are now located within rights-of-way,
Consequently, in the final plat application it is not clear which sidewalks are private
and which ones are intended to be public sidewalks. If the sidewalks are to be public
sidewalks, City staff would not want them to be constructed by the developer but to
be constructed by the City and assessed back as in the normal practice. If the
sidewalks are to be private sidewalks, the City Council should approve their location.
The covenants should adequately allow for the maintenance of the sidewalks.
Further, there should be an indemnification agreement wherein the developer and
association holds the City harmless from any accidents which occur on private
sidewalks located within public rights-of-way. Finally, there should be an
encroachment agreement which allows the City to enter onto the City rights-at-way to
repair any City facilities without being required to alter or repair private sidewalks at
City expense. Staff believes that the developer needs to clarify and identify the
location and status of the proposed sidewalks within the plat.
DEFICIENCIES IN COVENANTS
Commitment to Construct Recreational Facilities. The developer does not commit to
constructing the various recreational facilities described above as part of the initial
development, The proposed convenants provide that the homeowners' association
can decide in the future which facilities can be built and whether the association
wishes to assess its members for the construction costs. Staff feels that the promised
facilities should be constructed initially and not left to the association to decide at
some time in the future whether or not to actually construct these facilities.
Association Maintenance Program. Currently, the proposed covenants provide that
the association may assess itself in the future for the cost of maintaining the common
areas such as parking lots, recreational facilities, sidewalks and storm sewer. Staff
has requested that the covenants include a specific maintenance program that would
assure that adequate funds are collected and used for the maintenance of these
facilities. The developer has declined. Staff is seeking to institute the same
, .
.
Mayor and Council Members
June 2, 2000
Page 6
maintenance program that was utilized in the Shadowbrook development. Staff also
recommends that the covenants grant the City with the authority to make necessary
repairs and conduct necessary maintenance of these facilities if the association
refuses or is unable to do so.
Rights-of-Way Encroachment - Andover Ordinance No. 106 (Boulevard Encroachment
Ordinance). The proposed covenants authorize the homeowners' association to enter
onto City rights-of-way to maintain landscaping features, City ordinance prohibits
encroachments within eight feet of boulevards for snow removal purposes and
conflicts with this provision of the proposed covenants. This issue is also related to
the lack of an adequate landscaping plan as discussed below.
ADDITIONAL UNRESOLVED ISSUES
Lack of Adequate Landscaping Plan. The City Council has not approved a final
landscape plan for the plat. The developer has indicated that some of the landscaping
will be done in the future "as needed." At this time, the proposed landscaping plan
does not provide for any type of buffer between the development and adjoining
properties. This is especially true with respect to the town home blocks located both
in the north and south of the plat. Staff feels that the developer should submit a final
landscape plan that adequately addresses the buffer issues as well as the issues
regarding the location of sidewalks and the boulevard encroachment, easement
encroachments and green space encroachments.
Development Standards. Prior to final plat approval, the City Council would also
approve a set of development standards which identify variances or other deviations
from City ordinances. The development standards need to adequately address many
of the issues discussed herein, including parking setbacks, sign variances, and other
similar issues.
Elevation Drawings. At a previous City Council meeting, the developer displayed a
variety of elevation drawings depicting the proposed buildings, the design features for
the facilities, and the type and use of materials to be used in the construction. Staff
has requested that the developer provide the City with a copy of the elevation
drawings as part of the plat application, This is normally done to ensure that the
constructed buildings and facilities conform to the representations made by the
developer as part of the plat approval process. To this point, the developer has failed
to provide the City with a copy of the elevation drawings.
Fence Variance. One of the recreational facilities proposed by the developer is a
tennis court with a 12 foot fence. City ordinance allows for an 8 foot fence. The City
Council would need to approve a variance from the ordinance. This item should be
listed in the development standards.
.
,
Mayor and Council Members
June 2, 2000
Page 7
Sign Variance. The developer is required to obtain a special use permit to construct
and install an identifying sign or monument. The developer is requesting to apply for
the special use permit at a later date, While staff has no objection to the request, the
developer needs to request a variance from the City Council. This item should be
listed in the development standards.
Tree Protection Plan There is some minor labeling adjustments that need to be done
to reflect that tree protection is being extended to all the applicable areas.
CONCLUSION
The revised covenants submitted by the developer essentially comply with the senior
restricted housing conditions that were, by agreement, placed upon the conditionally
approved preliminary plat and special use permit. However, as discussed above,
substantial changes have been made to the preliminary plat which were not approved
by the Council. The final plat is therefore not consistent with the conditionally
approved preliminary plat. Further, a variety of other concerns and deficiencies
remain with respect to the final plat application. In my opinion, these circumstances
constitute sufficient justification for the City Council to deny the final plat application.
~cerelY' ~k.
~\ ~
illiam G. Hawkins
WGH/tju
Enclosure
,
,
LEONARD, STREET AND DEINARD
PRO:rE.SSIONAL ASSOCIATION
April 27, 2000 Joseph M. Finley
651-291-3528
j oe.finley@leonard.com
VIA COURIER
Mr. David Carlberg
Community Development Director
Andover City Hall
1685 Crosstown Boulevard
Andover, MN 55304
William G. Hawkins, Esq. V
Andover City Attorney
2140 - 4th Avenue North
Anoka, MN 55303
Re: Administrative Review of Final Plat of Grev Oaks
Gentlemen:
We understand, based upon comments that were made at the City Council meeting on April 18,
2000, and in a follow-up telephone conversation my partner Jim Bullard had with Mr. Hawkins,
that you are authorized administratively to grant final plat approval for Grey Oaks if you receive,
by April 30, 2000, a revised Declaration of Covenants containing the age restriction found in
item 5(c) of the Special Use Permit Resolution (No. R055-99). Accordingly, we are enclosing,
and are prepared to have executed and recorded - along with the final plat of Grey Oaks - a
revised Declaration of Covenants (clean copy and black-lined changes) that (i) contains the age
restriction found in item 5(c) of the Special Use Permit Resolution and (ii) conforms with the
City's allocation requests contained in item 12 of Review No.6 (see page 2 of Mr. Carlberg's
memo ofFebruary 5, 2000).
We are taking this step to mitigate damages caused by what we believe has been the City's
unlawful conduct in denying Grey Oaks' application for final plat approval, subsequently
passing a moratorium ordinance to prevent development of the alternative Andover Oaks Project,
and threatening to downzone the property. We hope you will view our action as a good faith
effort not only to mitigate damages, but also to work with the City in a productive way at a time
when the City's land use decisions are under scrutiny by the Metropolitan Council and others
(because of recently adopted housing goals).
Please be advised that the revised Declaration of Covenants containing the age restriction
demanded by the City is being submitted under protest and with a full reservation of Grey Oaks'
rights to seek judicial review of the legality of the age restriction imposed by the City and the
2270 MINNESOTA WORLD TRADE CENTER 30 EAST SEVENTH STREET SAINT PAUl., MINNESOTA 55101 TEL 6;1-22'-7455 FAX 65I->>2-7644
1938823vl LAW OFFICES IN MINr-"E.APOLIS, SAINT PAUL AND MANl~ATO
.
Mr. David Ca:lberg
William G. Hawkins, Esq.
April 27, 2000
Page 2
legality of the City's conduct regarding the Grey Oaks and Andover Oaks Projects, including the
moratorium ordinance and the threatened downzoning of the property. This reservation of rights
shall not be affected or limited in any way by the doctrine expressed in Crvstal Green v. Citvof
Crvstal, 421 N.W.2d 393 (Minn. C1. App. 1988) and any of its progeny, or in similar cases.
Thus, Grey Oaks is preserving, and it is not releasing or waiving, its rights to seek judicial
review and redress for the conduct of the City.
It is our hope that this approach - submitting a revised Declaration of Covenants that fully
conforms with the City's demand for an age restriction, but also preserving.Grey Oaks' rights to
seek judicial review and redress - will ensure that the City's land use goals are fully
accomplished should the age restrictions prove to be "legal." Yet, this approach will also
mitigate damages to some extent if the City's conduct is later found to have exceeded the law.
Moreover, this approach allows the parties to litigate (should Grey Oaks choose to do so) the
validity of the age restriction covenants - which pose significant, competing public policy issues
for both municipalities and developers - without the press of time and the threat of huge and
constantly growing damages looming in the background.
A final clarification: If, based on the age restrictions now contained in the revised Declaration of
Covenants, you decide administratively to approve the final plat of Grey Oaks, we assume that
the 'rezoning initiative for the Grey Oaks parcel will become moot (because of Minn. Stat.
S 462.358, subd. 3c) and that the recently-enacted moratorium will not apply to the approved
Grey Oaks Project.
Please let me know as soon as possible if, based on the enclosed submission, you will grant final
plat approval for Grey Oaks on the terms set out in this letter. Please also confirm that, upon
administrative approval of the final plat of Grey Oaks, the rezoning initiative is moot and the
moratorium will not apply to the approved Grey Oaks Project. Thank you.
Very truly yours,
LEONARD, STREET AND DEINARD
JMF/pb
Enclosure
cc: Jerry Windschitl
James G. Bullard, Esq.
1938823vl
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~
'.'. 7J-
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
190oo72v4
. .
. '
COMMON INTEREST COMMUNITY NO.
-
PLANNED COMMUNITY
GREYOAKSATN~DOVER
DECLARATION OF COVENANTS
THIS DECLAR~TION OF COVENANTS FOR GREY OAKS AT ANDOVER is
made as of this _ day of May, 2000 by GREY OAKS, INC., a MilU1esota 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 plalU1ed 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 has reserved the right to designate some or all of the building to be
developed on the Subject Property as "Senior Housing" as that term is defined below,
E. To accomplish the foregoing, to preserve the value of the 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:
19ooon\'~
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ARTICLE 1.
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 317A 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 ovmed 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 EXDenses. "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. Community, "Community" means Grey Oaks planned community to be
developed on the Subject Property, portions of which are designated for ovmership as Single
Family Lots, Twin Home Lots and Condomiriium Units (all as identified in attached Exhibit A
and hereinafter defined), and portions of which are to be owned and administered by the
190oo72v4 2
Association as Common Areas. The total number of residences plcnned 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" me;ms 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 Cnits 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
1900072r4 3
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Lot.
N. Mortgag:ee. "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 vendo.r~
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 resen'ed 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 ofsa1e during the period of redemption, or the holder's interest in a lien.
U. Senior Housing. "Senior Housing" means housing which constitutes "housing for
elderly persons" as defined in Minn. Stat. 9 363.02, Subd. 2(2)(b) and constitutes "housing for
older persons" as defined in 42 U.S.C.A. 9 3607(b)(2), as either of the same may be amended
and supplemented from time to time.
V. Sing:le Familv Lot. "Single Family Lot" means any Lot designated on Exhibit A
as providing a single family residence, specifically Lots 15-18, Block 3.
W, 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.
X, 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,
1900072v4 4
ARTICLE II.
DWELLING COVENANTS
A. Residential Purposes: Home Occupations. Each Lot shall be used only, for
residential purposes and related ancillary uses. No Lot may be used for any commercial purpose,
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 facilitie's, 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.
.., 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 seivices 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
1900072 v4 5
domesticated househl)ld pets, such as dogs and .:ats 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
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 or 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.
~ 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: Parking: 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
1900072 v4 6
Owner fails to sod or re-establish natural vegetation \vithin 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.
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-or-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. Soecial Declarant Ril?:hts. 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.
~ 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.
19ooonv4 7
L. Timeshares. Timeshares are not permitted.
M. Senior Housing. All of the housing units on the Subject Property, except for the
following described seventy (70) units, to-wit, those located on the following lots in GREY
OAKS: Lots 13, 14, 15 and 16, Block 3 (single family homes); Lots 5, 6, 7, 8, 11 and 12, Block
3 (twin homes); and Lot 9 and 10, Block 3 (each a 30-unit multifamily building), shall be, and
hereby are, subject to "Senior Housing" age restrictions as that term is defined in Section LX of
this Declaration. The Association shall use commercially reasonable effort periodically to
monitor and enforce such age restrictions. In the event the Association fails or neglects to
enforce such age restrictions the City itself, as a third-party beneficiary of the age restriction
covenants, may, after thirty (30) days' written notice to the Association, take appropriate legal
steps to enforce the age restrictions by injunctive relief or eviction proceedings.
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 of the Owner ofthe 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 of the
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 theJoregoing.
c. Ingress and Egress. Each Owner shall have a perpetual umestricted right of
ingress and egress to the OVvller's Lot.
D. Citv 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.
1900072v4 8
E. Inspection Ri2:hts. 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 of the 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.
ARTICLE IV.
RESTRICTIONS AND CONDITIONS
A. Comoliance with Declaration. Bvlaws and Rules and Regulations of Association.
Each Owner and occupant of a Lot shall comply with all of the provisions of this 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. 9 303,02 and the Federal Fair Housing Act amendments at 42
U.S.c. 9 3607 (b)(2).
C. Imoainnent of Structural Integrity. 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
1900072\'~ 9
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 thouah
0
the provisions of this Declaration were recited and stipulated at length in each and every deed or
other conveyance.
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. :\{embershio 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, \feetings, 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 VI.
COMMON AREAS
A. Right to Use Common Areas. Every Owner shall have a nonexclusive rigbt and
easement of enjoyment in and to the Common Areas, including the right of access to and use of
1900072v4 10
the improvements thereon. The right and easement shall be appurten.mt 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
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.
e. Improvements 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
1900072 v4 11
,
said pared shall belong to the Asso,;iation as Common Arec.s and shall be operated, maintained,
and repaired by the Association. ;~he 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
herbicides within, the areas of the 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 of the rights-of-way of public streets.
ARTICLE VII.
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.
1900072v4 12
.
"
C. Puroose of Gl~neral Assessments. General Assessments shall be i:nposed 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:
1. Utility services;
2. Taxes and Special Assessments against the Association's property, if any;
3. Income and other taxes levied or assessed against or charged to the
Association, if any;
4. Premiums for insurance canied 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.
1900072 v4 13
. .
F. City Actions. If the City maintains, repmrs, 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 and/or 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.
G. Cniform 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 :~ssessment 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 of Nonpavment of Assessments: Remedies of the 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 of 8% 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.
1. 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.
190007:!\'4 14
. .
K. Certificate ofPavrnent. The Association shall, upon d=mand, furnish to 2cn O\Vtler
or a Mortgagee or holder of an interest as Security for an Obligation a certificate signed by a.'1
officer of the Association sening 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 reasonable 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.
ARTICLE VIII.
ASSOCIATION INSURANCE
A. Prooertv 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 cormection with the o\Vtlership, 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 \vhich 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 O\VtlS 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 \vithin the Lots: (a) ceiling or wall finishing materials; (b) floor
coverings; (c) cabinetry; Cd) [mished millwork; Ce) electrical or plumbing fixtures serving
a single unit; Cf) 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 O\Vtler 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 O\Vtler covering the same property or claim, the Association's policy is primary insurance.
1900072v4 15
..
B. Other Insurance. The Association shaH 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;
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 IX.
.-\..\IENDMENTS TO DECLARATION
A. Percenta2:e 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. SecretalV"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.
1900072v4 16
~
.
ARTICLE X.
GENERAL PROVISIONS
A. Interpretation of DeclaratioI1. 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 of it 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
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 of the Association;
2, Association. In the case of the Association, to its President or
management agent at the last address shown for such person on the records of the
Association, or ifnot obtainable, to its registered office in the State of Minnesota; or
3. Declarant. In the case of the Declarant, Grey Oaks, Inc, c/o Gerald
Windschitl, 3640 l52nd 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 ofthe remainder ofthis Declaration.
F. Titles. Headings or Cantions 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 ofthis 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.
1900072v4 17
.' "
.
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.
I. 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. '
ARTICLE XI.
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
190oo7::v4 18
. " .
.
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.
[Balance of Page Intentionally Blank]
19ooo72v4 19
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,
IN WITNESS WHEREOF, the und{:rsigned has executed this Declaration as of the day
and year first above wrinen.
GREY OAKS, INC.
a Minnesota corporation
By;
Gerald Windschitl, President,
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of May, 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
1900072v4 20
. .' "
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 II &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; and
Lot 1, Block 5
All in "GREY OAKS" according to the plat on file in the office of the Recorder for
Anoka County, Minnesota.
1 900072 v4
,
...
Mr. Mayor and Council Members:
My name is Connie Enzmann my address is 1718 Andover Blvd, NW, A 16 Y r resident
I'm here this evening representating my neighborhood on Andover Blvd between Hanson
*See attachment lA (next page)
and Crosstown, on the sketch plan called Natures Run. * I'm aware that all of the
residence testimony given at the P & Z meeting on the 23rd of May will be considered
in making your recommendation on this sketch plan. I understand that the minutes of
that meeting are in draft form,
My husband (Tom) and our neighbors have consistently attended any P & Z, County
Transportation, City Council, Park & Rec, Neighborhood, meetings pertaining to issues
regarding the school and developments of Mr. Hupp's property, It's been a long haul
and it is far from over, I truly appreciate my neighbors participation at these meetings,
Up to this point, there's a discrepancy about what the actual buildable acreage is for
this 44 town home development. Does the amount include the 2 acres listed for the
commercial property? Does this amount include the Palo property? I'm not aware
of any deal accepted by Ms. Palo by the land owner or the developer.
On the Feb. 22 P & Z meeting the presentation given by staff member Mr. Hinzman
(when speaking of the Hanson Hollows sketch plan) stated that 9 to 10 buildable
acres was in this area. Did this include the commercial property (it was addressed
as part of the plan)? At the developer's presentation Mr, Johnson stated that 44 units
on I 1,8 acres, Again does this include the commercial site and Ms. Palo's property?
This was the Natures Run Sketch Plan, We need to know just what these figures are,
It's very close to the moratorium figures which Mr, Hupps last sketch pl~n fit under,
,
ATTACHMENT I A
* One resident we were not able to contact otherwise:
Every resident on Andover Blvd, N.W" between Hanson Blvd, and Crosstown,
is opposed to this sketch plan called "Natures Run", with the exception ofMr. Hupp.
We did not think it was appropriate or fair to ask Ms, Palo to comment on this plan
because it is her property that is "needed by the developer", to continue with this
project.
PLEASE keep in mind, per a resident's testimony on 5-23 to the P & Z, that there
are 33 children in our neighborhood,
Iff
1(.
I'd like to summarize my neighborhood's oppositions to this sketch plan (Natures
Run). I encourage them to address this Council as well.
The major issue is the traffic. Our neighborhood submitted a petition last March
(prior to any sketch plan of Mr. Hupps) addressing the impact that the new school
will have in traffic and also any other development slated for this area. Already 2
developments empty on Andover. At Killdeer and Ibis. Those concerns have yet
to be addressed. Also another major issue is the water problems our neighbors
have been experiencing for years. This also has not been resolved by the City.
We're concerned about the impact to wildlife, wetlands, and flood plains this
development will have.
There are no written plans to date for any improvement at the intersection of
Hanson and Andover. Or any date in the future when this will be completed. I
understand it will cost approximately 800 thousand to make those improvements.
Minus County funds (that don't seem to be available now) nor do we have an
availability date when that would happen in the future.
It was my understanding that a convenience store on the comer of Hanson and
Andover would not be recommended by the P & Z.
The cul-de-sac length in this plan is a safefy issue with me because some homes
will be directly behind my property, along with a private road. (On the south side of
my property). This cul-de-sac appears to be over 1,000 ft. It would be nice to
know what the actual length will be.
The road being built to access this development is the only road in and the only road
()
out. Also emptying on Andover. This road will be on the east side of my property
Also indicated at the P & Z meeting on May 23 were trails shown behind mine and
my neighbors property. (South side of our homes). Let see Andover Blvd border-
ing my front yard, along with Ibis emptying onto Andover. On the east side of my
property a new road into another development along with a cul-de-sac bordering
my property. A private road bordering the south side of my property with units
right in back of my home. A trail system some-where on the south and west of
my home. Also potential trails on Andover Blvd shown bordering to my property
on the south side. Potential right-of-way for turn lanes on Andover Blvd. for
the new development. Which I'm Sure would include part of my property.
Did I miss Anything??????
All the benning and buffers in the world will not give me any privacy nor provide safety
of my family and property. Can you imagine being surrounded by roads on three sides
of your home? Can you imagine having an all around sound system of traffic. I can't
believe there is not a law, statute, or ordinance that does not protect the rights of
residents, so this does not happen, You can be assured if there is one or maybe
a few I will find them.
Will our property values increase or decrease in this neighborhood? I know mine will
take a significant drop. No one has been able or willing to address this issue also,
Please consider the Ordinance that sets the criteria for reviewing Plats and Sketch
plans. Ordinahce #8, Section 5.03B. 'WILL NOT BE DETRIMENTAL TO THE
HEALTH, SAFETY, MORALS, OR GENERAL WELFARE OF THE COMMUNITY,
NOR WILL CAUSE SERIOUS TRAFFIC CONGESTION NOR HAZARDS, NOR
3
WILL SERIOUSLY DEPRECIATE SURROUNDING PROPERTY V ALVES, AND
THAT SAID USE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE AND THE COMPREHENSIVE PLAN?
How can this development meet this criteria? Remember with this sketch plan the
Comp Plan would have to be amended.
Staff presentation at the P & Z meeting (5-23) indicated several requirements in-
cluding zoning changes, amendments to the Compo Plan, land use changes, and a
number of Ordinances & variances which will need to be addressed as well as the
application for a permit from The Coon Creek Watershed District.
When reviewing the draft ofthe P & Z minutes dated 5-23-2000 I noticed
a lot of comments were not included that I felt were important to address.
Concerns were raised by the P & Z members about the length of the cul-
de-sac and the safety issues that went along with it. (This cul-de-sac would need a
variance from the city). Remarks regarding the private road with the units. This road
and the 2 units would be directly behind my home. Interesting remark by a member
" That we're stretching things just to get an additional couple of units in there is really
what it looks like to me". Another remark made "I don't think were obligated to look
at a plan that utilizes every possible square inch either. Ifit looks like it would work
better with the lack of a unit or something, I realize that the developer doesn't want
to hear that but I don't think we're obligated to do that and I certainly appreciate
the fact they want to get in as many units as possible".
L(
As I understand when the staff gave it's presentation to the P&Z members on
May 23rd for the sketch plan of Natures Run, staff stated that Ms. Palo's
house would have to be removed if that project was to continue.
At what point of time would this sketch plan deal with that issue? Ifno deal
has been made with the Palo property, does the developer need to submit
another sketch plan and the process repeats itself?
Does this process need to be completed by July 1, 2000, the deadline date?
Or would the developer just submit changes or an alternate plan for Natures
Run?
I'm unclear on how this process would proceed. Perhaps at the end of my
testimony, someone could address these questions,
j
I would like to address some comments made during the Planning & Zoning meeting
on May 23,2000 by Steve Johnson (filling in for Mr. Stanton ofDH Land Co.)
" The property owner Mr. Hupp approached these people (referring to my husband
and I, as well as the next 3 neighbors west of us) previously and I'm not going to discuss
what he is asking for the land (Natures Run Sketch Plan) and
whether it was worth it or not. I don't think that's important to any of us here.
But the offer was made if he could sell strips ofland and they could have property
all the way down to the creek and we would not develop this end. Apparently
none of them were interested At this point what we're proposing to do is to
develop the upland portion ofland that is in the back of their property.
This is going to sound real negative but it's kind of the pull up the ladder
mentality: We're here and we like what we got which includes some one else's
property that's under developed let's not develop anymore because were here now
I also find it personally a bit upsetting every time I go to a community when we
discuss town homes in a area of single family homes and we're talked about people
that are (you know) we don't want those kind of buildings around here, we don't
want and I DIDN'T HEAR IT HERE but those kind of people and town homes
as I mentioned earlier are generally occupied by people who are just either starting
out in life as adults or their towards the end of their lives. My parents live in a town-
home and my first house was a town home and I don't think I'm a bad person and I
don't think my parents are bad people". Mr. Johnson continues this statement in
great length.
0
-~~-
My response to these comments:
First of all Mr. Hupp has known since 1988 that my husband and I were interested
in that piece of land behind our home. We have contacted him several times over the
last 12 years. I approached Mr. Hupp in the foyer of my home in December of99
and asked him ifhe was ready to part with that said land. (Not knowing or being
told about the Hanson Hollows project). His visit was to encourage us to attend
a School Board meeting on where the new high school should be built. During that
discussion (my husband was there also) he stated he had some plans in the works.
Not stating at that time what they were. When I asked him what he wanted for the
land, his response was 45K. I said, "Bill a few years ago that land was worth about
$1,200 tops an acre and was classified as wetland." As I stood there in shock he
further stated the sale would be contingent on the neighbors, (to the west-next 3
houses down) would also have to purchase strips behind their houses at 45K. Now
I was in total shock! He suggested we speak with the neighbors. My husband did
just that. My husband originally approached those neighbors and discussed it with
them. You can imagine what they thought? Some time after that conversation with
Mr. Hupp I spoke with him on the phone and stated the max amount we would be
able to offer him. Also, I stated that I could not speak on behalf of my other neighbors.
The offer was about half the amount he desired. We still at that time knew nothing
about the Hanson Hollow project. My husband and I never heard back from him.
Shortly after that we received a notice from the city in regards to the sketch plan of
Hanson Hollows being reviewed by the P & Z on 2-22-00. Imagine our surprise!!
I really do not know if Mr. Hupp ever approached our neighbors. Two out of three
1
of the neighbors recently moved here. At the P & Z meeting of2-22-00 when my
husband stated his concern for the wildlife in our back yard, Mr, Hupp stepped in &
stated the land directly behind him (referring to my husband).
"IS NOT BUILDABLE."" In fact I extended an offer to sell him a portion of that
property if necessary. DIRECTLY BEHIND HIM THERE WOULD BE NO
DEVELOPMENT WHAT -SO-EVER" Of course he neglected to mention the
contingencies. We thought at that time he would get back to us on the some-what
offer I made to him earlier. Shortly after that sketch plan failed we received another
notice by the city of a P & Z meeting to review another sketch plan called "Natures
Run". This sketch plan was a little different. It included a private road with 2 units
directly behind my home. What happened to "basically everything behind his (referring
to my husband) property IS NOT BUILDABLE" and "DIRECTLY BEHIND
HIM THERE WOULD BE NO DEVELOPMENT WHAT-SO-EVER" Mr. Hupp
what happened?? I bet I'll guess, we didn't offer you enough money. Mr. Hupp
did not even have the courtesy to respond back to us. NOW, Mr. Johnson does
this sound like we were "apparently not interested" in purchasing that strip ofland
behind our home? The intent was very obvious with the private road and units behind
our home that Mr. Hupp had no desire to work out any kind of deal with us or the
neighbors.
Mr. Johnson (and I hope you are in the audience tonight) I RESENT being compared
to and I'll quote you again, "This is going to sound real negative but but it's kind of the
.J,
pull up the ladder mentality: We're here and we (Referring to the residents) like what
~
we got which includes some one elses property thats under developed let's not
develop anymore because we're here now". Since when do you have the right
to talk on behalf of our feelings and knowing exactly how we feel??? At best
your remarks were disgusting. My neighbors and I deserve to have respect for
our issues especially when those issues evolve around our homes and properties.
What's this nonsense about "bad people" that live in town homes statement???
Absolutely NO ONE at that meeting made any such references to "those types
of people". I'll quote you again, "I didn't hear that here but" and then to go on to
describe what you THOUGHT people think as in regards to town homes,
What was your purpose in this?? I'm not sure what you intended to gain by making
those types of statements or the reason you felt the need to address that when that
was clearly not an issue with the residents.
I take these statements and actions as a personal attack on my character as well
as my husbands' and neighbors. I suggest in the future you get your facts straight
before you start making offensive remarks to the public, Don't ever take the roll, of
you knowing what our thoughts are, ONLY we can TELL you. YOU don't tell us.
Mr. Johnson I expect a letter of apology in writing to my family and my neighbors
for your offensive remarks. Also, I expect you to send a copy of that letter to the P&Z
for their files. Please do not resort to this in the future meetings you hold with other
residents such as ourselves, people in communities deserve to be treated with
respect. I'm shocked and disappointed that Mr. Johnson and Mr. Hupp have chosen
to use these type of tactics on Mr. Hupp's neighbors. Mr. Hupp we expected better
from you as a neighbor in our community.
q
.
I chose to submit this testimony to the City Council, so it would be attached to the
Natures Run file permanently. Particularly because these types of remarks are not
always included in the minutes. Yet statements such as these could make an impact
on any member reviewing those plans and files.
In case Mr. Johnson or Mr. Hupp think I have taken any quotes out of context, or
feel I misinterpreted their statements or remarks, I brought all the tapes of said
meetings and will gladly share them with anyone who is interested.
I unfortunately am not a woman of few words.
Thank you Mr. Mayor and Council members for allowing me to address this council.
I will continue to follow this development with great interest.
Respectfully submitted by:
CLnnie Enzmann ~
/d .ft--C-l ~'t7a.'lUIr-- ~~V~
cc: Z & P mmission
/0
,
,
Northern Natural Gas
Company
P. O. Box 3330
Omaha, NE 68103-0330
(402) 398-7200
June 6, 2000
RECEIVED
David P. Boergers, Acting Secretary JUN 6 2000
Federal Energy Regulatory Commission
888 First Street, NE CITY OF ANDOVER
Washington, DC 20426
RE: NORTHERN NATURAL GAS COMPANY
Docket No. CP99-191, et al. - Elk River Loop Phase II
Request for Director's Letter
Dear Mr. Boergers:
Pursuant to Condition 1 in Appendix D ,of the Commission's Order issued
September 30, 1999, Northem Natural Gas Company (Northem) hereby submits for filing in the
above referenced docket an original and seven (7) copies of this Request for a Director's Letter to
change the construction method along 160th Lane and across Swallow Street.
Northem indicated in its Environment Report that road crossings would be bored provided
soil conditions were conducive to the boring operation. Northem is proposing herein to change the
construction method along 160thLane and across Swallow Street from a bore to an open-cut
method in order to save approximately $300,000 in construction costs.1
160th Lane - The tracts that would be impacted by the open cut method of construction
along 160th Lane include tracts A-117 through A-128 set forth on alignment sheets P3-6
and P3-7. The south side of the right of way of 160th Lane encroaches upon and a portion
of the street lays within Northem's existing defined permanent easement. Northem's
defined permanent easement existed prior to the establishment of the right of way of 160th
Lane. Northem has contacted all of the landowners directly affected by the change in
construction method. The majority of these landowners have agreed in writing to the
change in construction method. Such agreements are attached hereto. The landowner of
tract A-126 indicates that Northem would be working Within its existing easement and does
not need his agreement. The landowner of tract A-127 would not be impacted by the
proposed change in construction method. The City of Andover (City) does not agree to the
change in construction method. Northem has also contacted the landowners on the north
side of 160th Lane regarding this proposal. No opposition was encountered during these
initial meetings. Attached hereto are Northem's proposed construction plan for open cutting
along 160th Lane and a detailed site-specific drawing, Northem has provided a full size
copy of the draWing directly to FERC Staff. Northem anticipates that the contractor will be
ready to begin construction activities along 160th Lane the week of June 19th.
1 Estimated saving for 160th Lane is $283,000 and $17,000 for Swallow Street.
Natural gas. Electricity. Endless possibilities.
NORTHERN NATURAL GAS COMPANY
Request for Director's Letter
Docket No, CP99-191, m EJ,
In a letter to the Secretary dated May 25, 2000, the City of Andover indicated that it
opposes the change of construction method along 160th Lane for three (3) reasons.
Northern has addressed the City's concerns in its construction plan submitted herewith. As
stated in the construction plan, Northern would only utilize its existing right-of-way during
construction. No additional workspace is required to cross Oneida, Potawatomi, and
Quapaw Streets N.W. Northern would only open cut across these streets if the road bore
fails.
Swallow Street - Swallow Street is currently a gravel road. The area around Swallow
Street has been platted for development. Therefore, the City will be upgrading the existing
gravel road surface. The plan includes, among other things, lowering the grade of the
street and paving the surface. While working with the city to coordinate efforts regarding
Northern's and the City's construction activities, it was discussed that Northern would
propose to open cut across Swallow Street.
Northern believes it has met the requirements of Condition 1 necessary to obtain a
Director's Letter approving the change of construction method along 160th Lane and across
Swallow Street. Therefore, Northern respectfully requests said Director's Letter. In order to assure
there is no dela~ in construction, Northern respectfully requests the Director's Letter be issued on or
before June 19 .
Also enclosed are four (4) additional copies of this filing to be date stamped and returned to
the messenger. Any questions regarding this filing should be directed to the undersigned at (402)
398-7082 or Keith Petersen at (402) 398-7421.
Respectfully submitted,
~
W~~
Michele Winckowski
Senior Regulatory Analyst
cc: Jeff Shenot, Environmental Staff, Room 7L-05
CONSTRUCTION PLAN
160TH LANE
Construction Plan - 160th Lane -
Northern is submitting the following plan to use the open-cut method of construction adjacent
to 160lh Lane N.W. (see attached drawing for details). Northern has a 60-ft. wide easement
centered on the existing 6-inch pipeline on tracts A-117 through A-128. Portions of 160lh Lane
encroach upon and lay within Northern's existing permanent easement. Northern's pipeline
varies from 8 feet south of the edge of the pavement of 160th Lane on the East end of this
segment to 18 feet south of the edge of the pavement on the west end.
Through these tracts, Northern plans to install the pipeline in four separate sections in order to
eliminate the need to open cut Oneida Street NW, Potawatomi Street NW and Quapaw Street
NW. Northern plans to fabricate the pipe east of each road and then use a small directional-
drilling machine to bore the road and pull the pipeline into place. The new pipeline will
maintain a 5 to 10 foot offset from the existing 6" line. This will minimize damage to the
pavement on 160lh Lane NW adjacent to the construction ditch line. The estimated time to
complete construction is 3 to 4 days.
Northern will need to open cut two driveways adjoining 160th Lane. Northern anticipates the
driveways will be inaccessible for a maximum of ten hours during this construction. Driveways
will be repaired after construction, Northern will work with the landowner to provide an
alternate means of access to these properties during construction.
In the event that the bore of each street is unsuccessful, Northern would open cut across
Oneida Street NW, Potowatomi Street NW and Quapaw Street NW. If an open cut installation
is required, Northern would cut approximately a ten foot wide path across these streets.
Northern would replace all damaged and removed asphalt, as near as practicable to what
existed prior to construction, after completion of construction in this area. Northern would cut
the road surface with a saw to assure a clean, smooth cut in the asphalt. The asphalt would
be replaced to the same depth to assure that the road surface would be level. A new fusing
technique would be utilized to bond the cold joints from the patched area with the adjacent
road surface to restore the road and minimize the impacts from the repair of the surface area.
Northern plans to utilize the south lane of 160lh Lane NW during construction to store spoil,
operate equipment and move the pipe strings into position. Northem also plans to use the
south side of its existing easement to store spoil where no vegetation or trees are present.
Minor clearing will be required between the existing pipeline and the edge of 160111 Lane NW.
Northern will not use the easement south of the existing line for any vehicle traffic. As a result,
no clearing will be required south of the existing line. Trench boxes will be used where
necessary to minimize the amount of asphalt that must be cut and to eliminate any damage to
vegetation and trees south of the existing line.
The north lane of 160lh Lane NW will remain open during construction. Flaggers and traffic
control will be used throughout construction to assure safe vehicle traffic. Two of the three
cross streets will remain open at all times to allow residents along these streets access to their
properties. All streets will be cleared and ditches back-filled at the end of the day to allow
normal traffic flow throughout the night.
,
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LANDOWNER AGREEMENTS
JUN-01-2000 09:50 ELK RIUER LOOP 99 61257608321 P.02/B2
/J.. - ( I b
MAY JL,OO
TIM 1.1 JNI)
16m7 ONF.JnA
ANI)()VF.R MN 55~O4
RF.: N()RTHF.RN NATURAl. GMi C-OMPANY 160TH OPEN r:lrr PLAN
DEAR TIM,
LAST NIGHT (l1JESDA Y) WHEN I RESPONDED TO YOUR CALL ABOUT TREE DAMAGES, I
ADVlSED YOU ABOUT THE PLAN OF NORTIffiRN NOT TO TAKE ANY VEGETATION ON
YOUR PROPERTY IF WERE GOING TO OPEN CUT RA1liER THAN BORE 160TH. AS RELATED
WE PLAN TO ENI'ER THE 160TH AVENUE AREA AT YOUR PROPERTY LINE AND STAY
BETWEEN THE VEGETATION AND THE ROAD HARDTOP. AS YOU KNOW WE TESTED TI!E
SOn.S AND APPAREN11. Y CONSTRUcnON FEELS TIiAT WE CAN OPEN CUT WHILE
STAYING BETWEEN TIm HARDTOP AND YOUR VEGETATION,
THE COMPANY ASKED ME TO CQ.NFIRM IN WRITING TIiAT YOU WERE COMFORTABLE
WITIi TIIE PLAN 1 OUTLINED TO YOU FOR TIiE OPEN CUT, AND HAD NO OBJECTION TO
SUCH PROCEDURE. UNFORTUNATELY I DID NOT KNOW AT TIlE TIME TIiAT TIIEY
WANTED THAT CONFIRMATION IN WRITING AND DID Nor PRESS FOR ANY
ARRANGEMENT TO PICK SUCH CONFIRMATION UP.
TIM, THE SIMPLEST WAY TO DO mAT IS FOR YOU TO SIGN IN TIIE PLACE INDICATED
BELOW AS A LANDOWNER TIiAT YOU ARE NOT UNCOMFORTABLE wrrn THE PLAN TO
OPEN CUT 160TH. 1 KNOW TIiAT YOU SAID TIiAT IF IT DID NOT RAIN YOU WOULD WORK
PRETTY LATE. BUT 1 TIiOUGHT YOU COULD JUST SIGN AND DATE TInS LEITER, AND
LEAVE IT PINNED ON TIiE DOOR FOR ME TO PICK UP SOMETIME TOMORROW. I
APPRECIATE YOUR COOPERATION. 'IHANKS,
VERY lRUL Y YOURS, I AM NOT UNCOMFORTABLE WITH THE
PLAN FOR THE OPEN CUT OF 160m.
'\
Cr;~ ~/
CHARLES HERlUNG. LAND AGENT :::Z~
NORTHERN NATURAL GAS COMPANY
JUN 211 2212121 121:2121 TOTAL P.02
612576218321 PAGE. 212
MAY-30-2000 08:21 ELK RIUER LOOP 99 6125760830
P.03/07
.
MAY 26,00
!\-ffi.. AND MRS. CRAIG REICHERT
16030 ONEIDA
ANDOVER, MN 55304
RE: NORTHERN FILE NUMBER A-120
DEAR MR. AND MRS. REICHERT,
TInS LETIER wn..L CONFIRM TO YOU TIiAT NORTI1ERN NATIJRAL GAS COMPANY HAS
PROPOSED TO OPEN cur TIIE TRENCH TO LAY 'IHE NEW PIPE ON 160m. '!lIE EASEMENT
OF NORTHERN EXTENDS BEYOND YOUR FENCE, BUT IT DOES NOT PLAN TO REMOVE
YOUR FENCE OR cur ANY TREES ON YOUR PROPERTY.
NORntERN POLICY wn..L RESTORE 'IHE AREA OF THE TRENCH TO THE PRE-
CONSTRUCTION CONDmON AS NEARLY AS PRACTICAL. INCLUDING SEEDING AND
MULCHING AT THE CONCLUSION OF ITS WORK.
IF YOU ARE AGREEMENT W1TIl TInS CONSTRUCTION PROCEDURE PLEASE INDICATE IN
TIre SPACE PROVIDED.
TIiANK YOU.
VERY TRULY YOURS, ~
AGREED TIllS DAY OF MAY 20000
-
~
CHARLES HERRING. LAND AGENT ,
NORTHERN NATIJRAL GAS COMPANY
MAY 30 2000 08:31 6125760830 PAr;F. vn
MRY-30-2000 08:22 ELK RIUER LOOP 99 6125760830
. P.04/07
.
MAY 26, 00
MICHAEL DELONG
16037 POTAWATOMI
AMDOVER, MN 55304
RE: NORTIiERN mE NUMBER 1-121
DEAR MIKE,
WE HAVE DISCUSSED THAT NORTIiERN MAY DETERMINE THAT AN OPEN cur OF THE
TRENCH FOR TIm NEW PIPELINE MIGlIT BE A REALI'IY. WE HAVE DISCUSSED WHAT
DAMAGE THERE COULD BE TO YOUR PROPERTY. WHICH WAS APPROXIMATELY 30S
TREES.
IRIS LEITER IS TO ADVISE YOU THAT NORTIIERN HAS MADE A DECISION TO OPEN ClTI',
BUT CONTRARY TO OUR DISCUSSION, OUR CONSTRUCTION DEPARTMENT FEELS TIiAT
THEY CAN PUT TIm PIPE IN wrmotrr DOING ANY DAMAGE TO THE TREES.
CONSTRUCTION Wll..L BE FROM THE EXISTING LINE OUTWARD TOWARD TIffi STREET.
YOUR OFFER TO ALLOW US TO CLEAN TIlE BRUSH IN CERTAIN AREAS BETWEEN TIlE
lEES TO PUT EXCESS Dffi.T IN PARTICULAR AREAS WITHIN OUR RIGlIT OF WAY IS
APPRECIATED, AL TIlOUGH WE MAY NOT NEED TO DO THAT. WE wn..L RECONT Acr YOU
IF ll'IDEED THAT WOULD BE A NEED.
PLEASE ACKNOWLEDGE THAT TInS PROCEDURE IS ACCEPTABLE WITIi YOU WHERE
INDICA TED BELOW IN ORDER THAT I CAN CONFIRM FOR CONSTRUCTION THAT THE
TREES Wll..L NCJf BE TAKEN.
THANKS.
~6? 1-1-
~:t:A~":m~
CHARLES HERRING. LAND AGENT CHAEL DELONG
NORTIIERN NATURAL GAS COMPANY 711~4 1217
MRY 30 2000 08:32 6125760830 PAGE. 04
MHr'-~Ia-~1a1a1a Ial:j:~~ ~LK ~jV~~ LUU~ ~~ bl<<::>'(blal:!~Ia
~. Ia::>/Ia'(
.
.
.
MAY 26, 00
JOSEPH AND CAROIfSANTER
16036 POTAWATOMl
ANDOVER, MN 55304
RE: NOR1RERN FILE NUMBER 1-123
DEAR JOE AND CAROI.€.
WE HAVE SPOKEN MANY TIMES ABOtIT AN OPEN cur "fRENCH PARALLELING 160m AND
1RE EFFECT ON YOUR PROPERTY, TInS LETTER SEEKS TO CONFIRM TIlAT OPEN cur
PLAN AND OUR AGREEMENT WIm YOU IN SUCH EVENT.
IT IS MY UNDERSTANDING TIiAT YOU HAVE NO OBJECTION WITIi THE OPEN cur
PROGRAM OF NORnIERN NATURAL GAS COMPANY, EXCEPT THAT YOU WISHED TO
PRESER VB THE AMUR SUGAR MAPLES PLANTED OVER mE PlPELINE IF POSSIBLE.
NORTHERN PROCEDURE ON 160TII WOULD BE TO USE TIlE AREA BETWEEN THE EXIS'IDlG
PIPELINE ( AND THUS YOUR MAPLES) AND THE HARDTOP OF 160m. TInS ESSENTIALLY
WOULD PRESERVE YOUR MAPLES, YOU HA VB OFFERED AN ADDmONAL STORAGE
SPACE WITHIN OUR RIGHT OF WAY BECAUSE OF THE NARROW WORKSPACE, PROVIDED
WE COULD CHIP TIm BRUSH ON TIlAT SPACE. YOU ALSO ASKED US TO LEA VB TIIE CHIPS
IF WE COULD SO mAT YOU COULD USE TIffiM ON YOUR PLANTS.
, WE Wll.L REMOVE THE SMALL TREE BY TIffi GUIDEWlRE FOR 1HE TELEPHONE POLE AT
YOUR REQUEST,
ONE OF YOU PLEASE INDICATE THAT THE ABOVE IS AN ACCURATE UNDERSTANDING OF
WHAT YOU HAD DISCUSSED WlTI! ME AND YOU APPROVE OF THE OPEN cur UNDER
1RESE CONDITIONS IN ORDER TIiAT TIllS CAN BE A DIRECTIVE TO OUR CONSTRUCTION
DEPARTMENT.
~ULYYOlJRS ,
---.
S HERRING, L
NORTIiERN NAnJRAL G
MRY 30 2000 08:32 6125760830 PRGE.05
MAY-30-2000 08:22 ELK RIUER LOOP 99 6125760830 P.06/07
-
. .
MAY 26, 00
JANET RUDLONG
16037 QUAPAW
ANDOVER MN ~~304
RE: NORTHERN FILE NUMBER A-124
DEAR JANET,
TInS LEITER Wll..L CONFlRM mAN NORTIfERN HAS INDEED DECIDED TO PROPOSE AN
OPEN CUT PROCEDURE TO INSTALL THE NEW PlPE LINE ON 160m AVE, YOU AND 1 HAVE
DISCUSSED MANY TIMES THE EFFECT ON YOUR PROPERTY, AND I AM PLEASED TO
REPORT THE FOLLOWING,
THE OPEN CUT PROCEDURE PROPOSED BY NORTHERN Wll.L Nor INCLUDE TIm REMOVAL
, OF YOUR Ln..AC BUSHES.
YOU HAVE INDICATED TO ME THAT TIlERE ARE AREAS WITHIN OUR RlGHr OF WAY TIlAT
YOU HA VB OFFERED TO US FOR DIRT STORAGE SHOULD WE NEED IT, BUT WE WOULD
NEED TO PUSH BACK THE Pll..E OF CHIPS ALREADY ON mAT LOCATION. YOU HA VB
J},'D1CATED ALSO mAT SHOULD THERE BE SAFETY CONCERNS, IT WOULD BE all right FOR
NORTIIERN TO CUT SOME LOWER LIMBS WHICH HANG OVER THE PIPELINE RlGlIT OF
WAY.
. I WISH TO lHANK YOU ON BEHALF OF NORTIIERN FOR YOUR EFFORTS TO ASSIST US
WITH YOUR NEIGHBORS TO WORK. OUT A PLANS AS WE HAVE DEVELOPED FOR TRAFFIC
CONTROL.
IF YOU WOULD ACKNOWLEDGE AS INDICATED BELOW mAT YOU AGREED wrrn TIIESE
PROCEDURES WE HA VB WORKED OUT FOR OPEN CUTI1NG. I Wll..L SEE 'IliA T TInS LETrER
IS A DIRECIlVE TO OUR CONSTRUCTION FORCES.
VERY TRULY YOURS, Cf?j;cK?~
CHARLES HERRING, LAND AGENT ~ S/ZtR '00
NORTHERN NATIJRAL GAS COMPANY
MAY 30 2000 08:32 6125760830 PAGE. 06
MAY-30-2000 08:22 ELK RIVER LOOP 99 6125760830 P.07/07
-
.
MAY 26. 00
DALE PEDERSON
4843 160m AVE NW
ANDOVER, MN 55304
RE: NORrnERN FILE NUMBER A.128
DEAR DALE,
nus LETTER SEEKS TO CONFIRM FOR OUR CONS'IRUCTION DEPARTMENT MY
UNDERSTANDING OF OUR AGREEMENT REGARDING mE OPEN CUTIlNG YOUR
DRIVEWAY ON 160TH AVENUE,
NORTIIERN HAS PROPOSED TO TRENCH PARALLEL TO 160TH NORTH OF TIlE EXISTING
LINE TO LAY ITS NEW PIPE. TIlE PROPOSAL WOULD NECESSARlL Y CUT YOUR GRAVEL
DRIVEWAY. IT IS MY UNDERSTANDING THAT YOU WOULD BE IN ACCORD \VIm TIlE
OPEN CUT PROCEDURE PROVIDED YOUR DRIVEWAY WOULD BE RESTORED USING
CRUSHED ASPHALT TO CONFORM TO mE EXISTING BASE.
NORTIIERN PROCEDURE WOULD ALSO ALLOW FOR CONTINUED ACCESS TO YOUR
PROPERTY AT ALL TIMES DURlNG CONSTRUCTION. IT WOULD ALSO RESTORE TIlE AREA
USED TO THE ORIGINAL CONDITION AS NEARLY AS PRACTICABLE,
PLEASE ACKNOWLEDGE AS PROVIDED BELOW nIAT YOU WOULD CONCUR WITH !HE
NORTImRN OPEN CUT PROCEDURE SET FORnI ABOVE. TInS LEITER WILL BE THE
DmECTIVE FOR CONSTRUCTION ON YOUR PROPERTI'.
".4YYO~, AGREED TIllS DAY OF MAY 2000
~ -' 0
("" /..-. ".' () c)
I '
CHARLES HERRING, LAND A NT DAUPEDERSOQ "t:Z-
NORTHERNNATIJRAL GAS OMPANY /~r0~ v'
TOTAL P.07
MAY 30 2000 08:32 6125760830 PAGE. 07
101:>/101:>/1010 1b::Jb LHW UrrIC~~ ~14~ 41H HV~ 7 b1~ '(~:J ~~~~ NU.'(ll !.I~~
JUN 136 2€lOO 16:42 FR LSD 21ST FLR COpy RM 6123351657 TO 94214213 P.132
, 7:/"-( YI1 #- /
LEONARD, STREET AND DEINARD
,aQFEUrOptlAt. ASSOCIATION
Iune 6, 2000 James G. Bullard
612-335-1512
jim.bulJard@leoaard,com
viA FACS.IMILE
Mr. David Carlberg William G. Hawkins, Esq.
Community Development Director Andover City Attorney
Andover City Hall 2140 Fourth Avenue North
I 1685 ~wn Boulevard Anoka, MN 55303
! Andover, MN 55304
Re: JaDe 6 MeetlD2 or tbe ADdo\'eLCltv COQaciJ - Grev Oaks
Gentlemen:
We are in receipt orMr. Hawkins' seven-page letter to the Mayor and City Council oCthe City of
Andover dated June 2, 2000. which we received late yesterday afternoon.
I We are confused both by the import of Mr. Hawkins' letter and by the procedure the City
appears to be follOwing regarding the Grey Oaks project We are hopeful that you will contact
us to clarify the situation, and, because rime is short (the City Council meeting is tonight), we are
doing what we can in this letter to clariCy the position of our client, Grey Oaks, Inc.
We are contused about the intent oC the agenda item on the schedule for tonight's City Council
meeting which is described as "discuss status of Grey Oaks." Our client, the applicant which put
forward the Grey Oaks plat, did not request this agenda item. Therefore, we would very much
like to know what is planned for this agenda item at tonight's meeting.
We are also confused by Mr. Hawkins' letter of June 2, 2000. We have never had a response to
'our letter of April 27, 2000. which asked you to administratively grant final plat approval for
Grey Oaks. If Mr. Hawkins' letter of June 2 is intended as a response to our letter of April 27,
then we are not clear why the letter was not addressed to us, as legal counsel for Grey Oaks, and
we are not clear why Mr. Hawkins' letter takes up so many topics that go far beyond the ambit of
our April 27 letter.
Our letter ot April 27 dealt with only one topic, It submitted (under protest and with a full
resClVation of rights) a revised Dec:1aration of Covenants containing the age restriction demanded
in item See} of the Special Use Permit Resolution (No. R05S-99). It was our hope that this
approach - submitting a revised Declaration of Covenants that fully confonned with tl1e City's
demand for an age restriction, but that also preserved Grey Oaks' rights 10 seek judicial review
and redress - would allow 0\.11' client to preserve something of the Grey Oaks project this
t;O SOUTlt fliT" Snrn SUITE .~oo MINtf."'OL.., M'''''UOTA Sl'O~ Tn 'u'UI'r,oo FA16u-HS- Un
I 9j3188Y1 lAW OHICh t:'ll MI1Ilf:vt^POLIS. JA.INT 'AUL "",0 ..A.NV....TO
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- JUN 06 2Bea 16:43 FR LSD 21ST FLR Copy RM 6123351657 TO 94214213 P.03
.
,
Mr. David Carlberg
William G. Hawkins, Esq.
June 6, 2000
Page 2
construction season and thereby mitigate the damages we believe have been caused by the City's
unlawful conduct in denying Grey Oaks' application for final plat approval. subsequently
pilSMg a moratorium ordinance to prevent development of the alternative Andover Oaks project.
and simultaneoUSly threatening 10 downzone the property.
In line with comments that were made at the City Council meeting on March 21, 2000 (which
denied final plat approval for Grey Oaks), and tho City Council meeting on April 18, 2000
i (which passed the moratorium ordinance), and consistent with Resolution No. R084-00, which
was adopted at the Council meeting on April 4, 2000 to memorialize the City's denial of final
I plat approval for Grey Oaks, it was clear to us that the only real issue betweeu the parties was the
age restriction sought to be imposed by the City. Mr. Hawkins' letter of June 2 now concedes
that the revised Declaration ofCovellanls "essentially complies" with the City's age restriction.
Nevertheless, Mr. Hawkins' letter also goes on to raise many additional issues that were never
raised at the Council meeting on March 21 when final plat approval for Grey Oaks was denied,
and that lR not listed in Resolution No. R084-00, which the Council adopted at its next meeting
on April 4 to memorialize the denial of final plat approval.
Without responding in detail to these new issues, which are untimely and far beyond the purview
of anything that could legitimately be discussed at this late date regarding the Grey Oaks project.
we wish to mak~ the following observlltions just to set "the record straight."
Fin;t, many of the items identified as issues in Mr. Hawkins' letter of June 2 were dealt with and
approVed in the preliminary plat for Grey Oaks. For cx:ample, many of the claimed
"'encroachments" have been present all along and are built into the preliminary plat. Another
claimed encroachment upon "green space" (along lSSlh Lane) was the subject of a variance
granted by the City Council at its meeting on July 6, 1999.
Second, other claimed issues are simply items the City demanded during its review process. For
example, most of the recreational facilities that were relocated in the applicatiOIl for final plat
approval were moved at the request of City staff. They are still present in the proposed .final plat,
but at different locations.
Third, other claimed issues rela.te to items that are not required by any City ord.irianee and that
should not be part of the subdivision approval process at aU.
19S3188vl
_.... -- --- - -, - , -, - - - -- --
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- ......... t:Ib ~ lb'4,$ H< LSD 21ST FLR COpy RM 5123351551 TO 94214213 P.04
Mr. David Carlberg
WilUam G. Hawkins, Esq.
JUDe 0, 2000
Page 3
We submit that the record on the Grey Oaks pial is closed - other than the revised DeclaratiOD of
Covenants - and thus the only legitimate topic the City Council can discuss tonigbt regarding rho
Grey Oak' project is your authority to lIdmi"istratively grallt final plat approval based upon the
, revised Declaration of Covenanu that was submitted under cover of our letter of ApJil27, and
which you now acknowledge "essentially complies" with the City's demand for an age
! resuiCtioD as set out in the Special Use Pennit Resolution (No. R05S-99).
Very truly YOurs,
I LEONARD, STREET AND DEWAR!>
.
!
,
IGB/pb
cc: Mr. Jerry W"mdschitJ
Joseph M. F"mley, Esq.
I
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: :J~N . 0 6 2000
The Honorable Jack McKelvey and
CITY 0;: .~" 'i)
Members of the Andover City Council I "', 'JV....
oJ"'_l. ~R
1685 Crosstown Boulevard .~. '.. J_i
Andover, MN 55304
Dear Mayor McKelvey and Members of the City Council:
Members of my staff and I have met recently with various school administrators in our patrol
area to advise them that the Sheriffs Office will no longer be providing D.A.R.E. education
effective with the 2000-2001 school year. In its place, however, we have proposed the
establislirllent of a School Resource Officer Program which we feel will better meet the needs of
the children and schools in the community, including Crooked Lake and Andover Elementary
Schools.
With the very stringent requirements ofD,A.R.E., we have found it increasingly difficult to
recruit deputies to teach and support this program, In addition, there have been a number of
questions raised relating to the program's overall effectiveness. Through the School Resource
Officer Program, we would be teaching various programs, one of which may include a drug
program currently being promoted by Hazelton, It would also be our intent to have a uniformed
resource officer presence available to every classroom, rather than just at the fifth grade level
which is D.A.R.E.'s focus.
We have just been awarded a grant to assist with the funding for this program, and are currently
working on its development. I would encourage the City of Andover to continue to support our
endeavors as you have in the past. If you wish to meet further on this or any other matter, please
feel free to contact myself or Captain Larry Klink of the Patrol Division.
cc: Richard Fursman, City Administrator
Chief Deputy Bruce Andersohn
Captain Larry Klink
Affirmative Action/Equal Opportunity Employer
JUN. 6.2000 2:49PM ORKVIEW MIDDLE SCH NO. 353 P.2
To: Richard Fursman and the Andover City Council
From: Nancy Knop, Community Education
Re: City Council MInutes for Tuesday, May 16'"
Date: June 5, 2000
I am requesting a conection to the minutes of the May 16'" City Council meeting. The
minutes read that the overall budget for Community Education for the City of Andover is
$100,000. This number, however, was a general estimate and did not include coordinator
programmer and secretary salaries. In reviewing the budget with my manager, the
correct budget is listed. below:
Total School Year Budget: $174, 918; City of Andover contributes $52,285
Total a:Summer Budget; $42,260; City of Andover contributes $7200
Please make the necessary correction to the City Council minutes. If you would lilce
further infonnation, please call me at 506-5612.
!UN 06 '0€1 14:53 PAGE. 02
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: 1une 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
ADD-ON ITEM City Clerk
ITEM NO.
PULL TAB LICENSE/LIONS CLUB/FUN FEST
The City Council is requested to adopt the attached resolution for a one day Guly 8, 2000)
license for pulltabs as requested by the Andover Lions Club as part of the Andover Family
Fun Fest.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.R
A RESOLUTION APPROVING A CHARITABLE GAMBLING PERMIT FOR THE ANDOVER
LIONS CLUB TO CONDUCT A PULLTAB OPERATION DURING THE ANDOVER FAMILY
FUN FEST, SATURDAY, JULY 8, 2000 AT 1685 CROSSTOWN BOULEVARD NW,
ANDOVER, MINNESOTA.
WHEREAS, the Andover Lions Club has submitted an application to the City of
Andover and the State Charitable Gambling Board for a permit to operate charitable
gambling at the Andover Family Fun Fest, 1685 Crosstown Boulevard NW, Andover, MN.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover,
Anoka County, Minnesota, that a charitable gambling permit is hereby approved for the
Andover Lions Club to operate a pulltab operation during the Andover Family Fun Fest,
Saturday, July 8, 2000 at 1685 Crosstown Boulevard NW.
Adopted by the City Council of the City of Andover this 6th day of Tune ,2000.
CITY OF ANDOVER
Attest:
J. E. McKelvey - Mayor
Victoria Volk - City Clerk
-j.-:: t
.
to
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion - Addendum Community Development
AGENDA ITEM NO.1
Discuss Status of David L. Carlberg
Grey Oaks c::ommunity Development Director
Attached please find the legal review of the Grey Oaks Plat by William G. Hawkins,
William G. Hawkins and Associates.
t ,
!. r
, , ,.-. ./
.
+ LAW OFFICES OF
William G. Hawkins and Associates
'- 2140 FOURTH AVENUE NORTH
, ANOKA, MINNESOTA 55303
. Legal Assistant
WILLIAM G. HAWKINS TAMMI J. UVEGES PHONE (763)427-8877
BARRY A SULLIVAN FAX (763) 421-4213
E-MAIL HawkLaw1 @ao1.com
June 2, 2000 RECEIVED
The Honorable Jack McKelvey and Members of the JUN 5 2000
Andover City Council
City of Andover CITY OF ANDOVER
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Grey Oaks Plat
Dear Mayor McKelvey and Members of the City Council:
You have asked that this office give you an opinion as to the legal status of the Grey
Oaks plat application. We have reviewed the file, consulted with City staff and
considered applicable Minnesota law. The following is a summary of that review and
analysis. Our conclusion is that the revised covenants submitted by the developer
essentially comply with the senior restricted housing conditions placed upon the
conditionally approved preliminary plat and special use permit. However, a variety of
other concerns and deficiencies exist which require Council review and which would
justify denial of the final plat.
PROCEDURAL HISTORY
The Grey Oaks development is a plan submitted by Grey Oaks, Inc., to develop a 60
acre parcel in the City. The property is currently zoned M-2, Multiple Dwelling under
the zoning ordinance and is similarly designated under the City of Andover
comprehensive plan as residential medium density. The proposed development was
submitted as a planned unit development (PUD) under Andover City Ordinance No.8,
Section 4.18 and Ordinance No. 112. The developer also submitted a request for a
special use permit under Ordinance No.8, Section 5.03.
The preliminary plat application and special use permit application proposed to develop
a mixed use of senior/empty nester construction consisting of two 65 unit apartments,
six 30 unit apartments, 38 townhomes, four single family homes and three
commercial lots.
The preliminary plat and special use permit applications were reviewed thoroughly by
City staff. A public hearing was held before the City of Andover Planning and Zoning
Commission. Following the public hearing, the Planning and Zoning Commission
recommended to the City Council that the preliminary plat application and special use
permit application be denied.
J I
.
Mayor and Council Members
June 2, 2000
Page 2
The applications were presented to the Andover City Council which disagreed with the
recommendations of the Planning and Zoning Commission and conditionally approved
the preliminary plat on March 2, 1999 in Resolution No. R056-99. The resolution
approving the preliminary plat set forth 23 specific conditions for final plat approval.
The City Council also disagreed with the recommendations of the Planning and Zoning
Commission with respect to the special use permit application. The special use permit
application was conditionally approved by the City Council on March 2, 1999 in
Resolution No. R055-99. The resolution approving the special use permit set forth
seven specific conditions for final approval. One of those conditions specified that the
association covenants adequately provide for senior restricted housing.
Pursuant to Minnesota law and Andover City Ordinance, a developer must make
application to the City for final plat approval within 12 months of preliminary plat
approval unless an extension is granted by the City. The deadline for submission of
the final plat application for Grey Oaks was March 2, 2000. Prior to the expiration of
the preliminary plat, the City Council granted an extension for final plat application to
April 30, 2000. Within the extension period, the developer filed with the City the final
plat application for the planned unit development of Grey Oaks.
The final plat application was reviewed by the City Council and the Council resolved to
deny the final plat in findings which were adopted by the City Council on April 4,
2000 in Resolution No. R084-00. The City Council found that the final plat application
was inconsistent with the terms and conditions of the approved preliminary plat and
special use permit. Specifically, the developer had failed to comply with condition five
of the special use permit regarding the preparation and approval of appropriate
homeowners association documents. Second, the City Council found that conditions
four, five, six and nine of the resolution approving the preliminary plat had not been
met. Specifically, the comments communicated by City consultants TKDA and MFRA
had not been satisfied. Comments communicated by the City engineering department
had not been satisfied, comments communicated by the City planning department had
not been satisfied and City staff had not approved the application as being in
compliance with' the applicable City ordinances, policies and guidelines. Third, the
City Council found that the developer had revised the preliminary plat without Council
approval four times and that these revisions required re-approval of a revised
preliminary plat by the City Council prior to final plat approval. Fourth, the City Council
found that the homeowners association bylaws, rules, covenants and restrictions
were incomplete, had not been approved by the City Council and did not conform to
condition five of the resolution approving the special use permit. The developer was
aware that he had until April 30, 2000 to comply with the conditions of the
preliminary plat and special use permit approvals.
By letter dated April 12, 2000, Mr. Carlberg advised the developer that the preliminary
plat would be on the City Council agenda for April 18, 2000 to review the items that
, t
.
Mayor and Council Members
June 2, 2000
Page 3
required City Council approval. Mr. Carlberg requested the developer submit ten
copies of the preliminary plat with written responses following the last staff review.
The developer failed to submit the documents and the matter was removed from the
agenda for the April 18, 2000 City Council meeting.
On Friday, April 28, 2000, the developer through an attorney submitted
documentation to this office consisting of a document entitled "Declaration of
Covenants for Grey Oaks at Andover" and a cover letter from attorney Joseph M.
Finley. With the cover letter, the developer requested final plat approval for Grey
Oaks as "administrative approval" of the final plat. The letter also made it clear that
the submission of the documents was done "under protest" and reserved the right to
initiate a legal action against the City regarding the Grey Oaks project, the Andover
Oaks project, the high density moratorium and the proposal to re-zone and adopt a
comprehensive plan amendment for the subject property in the future. A copy of the
revised covenants and accompanying cover letter from Mr. Finley are attached
herewith.
On May 2, 2000, a City-initiated proposal to amend the subject property to an R-4
(single family residential) district and to adopt a consistent comprehensive plan
amendment was tabled.
SENIOR RESTRICTED COVENANTS
One of the original conditions of the preliminary plat approval, agreed to by the
developer at the time, was that the development and the resulting association
covenants provide for senior restricted housing. One of the reasons for denying the
final plat by resolution adopted April 4, 2000 was the fact that the proposed
covenants did not provide for senior restricted housing. Subsequently, the developer
submitted revised covenants. Those covenants do provide for senior housing for all
but 70 of the planned 352 units. In my opinion, the revised covenants do comply
with the conditions contained in the conditionally approved preliminary plat and special
use permit. If the covenants are to be accepted by the City then I suggest two
clarifications be made with respect to the senior restricted terms. First, the terms and
language of Article IV, Section B "Restrictions on Alienation of Units" needs to be
clarified and the intent of this section explained more definitely by the developer.
Second, the covenants should more clearly provide that the City of Andover may
enforce the senior restricted housing covenants and that those provisions may not be
deleted or significantly altered without the written consent of the City.
There are additional concerns about provisions of the covenants unrelated to senior
restricted housing which are addressed below.
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Mayor and Council Members
June 2, 2000
Page 4
THE FINAL PLA T APPLlCA TlON IS NOT CONSISTENT WITH THE PRELIMINARY PLA T
The revised final plat application is not consistent with the terms of the conditionally
approved special use permit and preliminary plat. City staff views these deficiencies
as significant. Andover City Ordinance No. 10, Section 11.02 requires Council
approval of a final plat and further requires the plat to conform to the preliminary plat.
That section provides:
1/11.02 Council Action. The Council shall act on the final
plat within sixty (60) days of the date of which it was filed
with the 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 it does not meet the
engineering and design standards and specification of the
City. 1/
In this case the final plat application is not consistent with the conditionally approved
preliminary plat. In fact, the conditionally approved preliminary plat has been
amended several times without approval by the City Council.
Parking. There has been a substantial increase in the number of parking spaces for
the development since the approval of the preliminary plat. The Council earlier
approved with the preliminary plat a parking space ratio of 1.5 spaces per unit. The
final plat application seeks a parking ratio of 2.5 spaces per unit. This increase in the
number of parking spaces has caused other physical changes to the plat. The Council
has never approved the 2.5 parking space ratio and earlier expressed a desire to limit
parking to 1.5 spaces per senior unit.
Easement Encroachment. The building lot boxes and parking lots for a number of the
buildings within the development encroach upon the utility and drainage easements to
be maintained by the City. Many of these encroachments are the result of the
additional parking spaces referenced above. This is not consistent with the
preliminary plat. The City Council never authorized encroachments. The developer
would either need to relocate the buildings and parking lots outside of the easements
or obtain variances.
Green Space Encroachment. City Ordinance Section 8.08 requires a 20 foot green
space between streets rights-of-way and parking lots. Similar to the problem with the
easement encroachments referenced above, the parking lots do not comply with the
20 foot green space ordinance throughout the development. Again, the parking lots
would need to be relocated or variances obtained. The City Council has not approved
these encroachments.
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Mayor and Council Members
June 2, 2000
Page 5
Relocation of Building. Two of the town home buildings have been relocated from the
approved preliminary plat. The relocation has not been approved by the Council. The
number of units located on block three has gone from ten units to eight units and the
number of units in block four has gone from 20 units to 22 units. There was also a
slight realignment of 155th Lane. None of these changes received Council approval.
Recreational Facilities. A tennis court, putting green, basketball court, volleyball court,
walking trails and gazebo type amenity were all included in the approved preliminary
plat. In the latest revised preliminary plat, these items were either moved or deleted.
The Council has never approved the relocation andlor deletion of these facilities.
Location of Sidewalks. In the preliminary plat the internal sidewalks were originally
considered private sidewalks to be constructed by the developer and maintained by
the association. They were located within rights-of-way and within common open
space areas. All of the proposed sidewalks are now located within rights-of-way.
Consequently, in the final plat application it is not clear which sidewalks are private
and which ones are intended to be public sidewalks. If the sidewalks are to be public
sidewalks, City staff would not want them to be constructed by the developer but to
be constructed by the City and assessed back as in the normal practice. If the
sidewalks are to be private sidewalks, the City Council should approve their location.
The covenants should adequately allow for the maintenance of the sidewalks.
Further, there should be an indemnification agreement wherein the developer and
association holds the City harmless from any accidents which occur on private
sidewalks located within public rights-of-way. Finally, there should be an
encroachment agreement which allows the City to enter onto the City rights-of-way to
repair any City facilities without being required to alter or repair private sidewalks at
City expense. Staff believes that the developer needs to clarify and identify the
location and status of the proposed sidewalks within the plat.
DEFICIENCIES IN COVENANTS
Commitment to Construct Recreational Facilities. The developer does not commit to
constructing the various recreational facilities described above as part of the initial
development. The proposed convenants provide that the homeowners' association
can decide in the future which facilities can be built and whether the association
wishes to assess its members for the construction costs. Staff feels that the promised
facilities should be constructed initially and not left to the association to decide at
some time in the future whether or not to actually construct these facilities.
Association Maintenance Program. Currently, the proposed covenants provide that
the association may assess itself in the future for the cost of maintaining the common
areas such as parking lots, recreational facilities, sidewalks and storm sewer. Staff
has requested that the covenants include a specific maintenance program that would
assure that adequate funds are collected and used for the maintenance of these
facilities. The developer has declined. Staff is seeking to institute the same
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Mayor and Council Members
June 2, 2000
Page 6
maintenance program that was utilized in the Shadowbrook development. Staff also
recommends that the covenants grant the City with the authority to make necessary
repairs and conduct necessary maintenance of these facilities if the association
refuses or is unable to do so.
Rights-of-Way Encroachment - Andover Ordinance No. 106 (Boulevard Encroachment
Ordinance). The proposed covenants authorize the homeowners' association to enter
onto City rights-of-way to maintain landscaping features. City ordinance prohibits
encroachments within eight feet of boulevards for snow removal purposes and
conflicts with this provision of the proposed covenants. This issue is also related to
the lack of an adequate landscaping plan as discussed below.
ADDITIONAL UNRESOLVED ISSUES
Lack of Adequate Landscaping Plan. The City Council has not approved a final
landscape plan for the plat. The developer has indicated that some of the landscaping
will be done in the future "as needed." At this time, the proposed landscaping plan
does not provide for any type of buffer between the development and adjoining
properties. This is especially true with respect to the town home blocks located both
in the north and south of the plat. Staff feels that the developer should submit a final
landscape plan that adequately addresses the buffer issues as well as the issues
regarding the location of sidewalks and the boulevard encroachment, easement
encroachments and green space encroachments.
Development Standards. Prior to final plat approval, the City Council would also
approve a set of development standards which identify variances or other deviations
from City ordinances. The development standards need to adequately address many
of the issues discussed herein, including parking setbacks, sign variances, and other
similar issues.
Elevation Drawings. At a previous City Council meeting, the developer displayed a
variety of elevation drawings depicting the proposed buildings, the design features for
the facilities, and the type and use of materials to be used in the construction. Staff
has requested that the developer provide the City with a copy of the elevation
drawi~gs as part of the plat application. This is normally done to ensure that the
constructed buildings and facilities conform to the representations made by the
developer as part of the plat approval process. To this point, the developer has failed
to provide the City with a copy of the elevation drawings.
Fence Variance. One of the recreational facilities proposed by the developer is a
tennis court with a 12 foot fence. City ordinance allows for an 8 foot fence. The City
Council would need to approve a variance from the ordinance. This item should be
listed in the development standards.
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Mayor and Council Members
June 2, 2000
Page 7
Sign Variance. The developer is required to obtain a special use permit to construct
and install an identifying sign or monument. The developer is requesting to apply for
the special use permit at a later date. While staff has no objection to the request, the
developer needs to request a variance from the City Council. This item should be
listed in the development standards.
Tree Protection Plan There is some minor labeling adjustments that need to be done
to reflect that tree protection is being extended to all the applicable areas.
CONCLUSION
The revised covenants submitted by the developer essentially comply with the senior
restricted housing conditions that were, by agreement, placed upon the conditionally
approved preliminary plat and special use permit. However, as discussed above,
substantial changes have been made to the preliminary plat which were not approved
by the Council. The final plat is therefore not consistent with the conditionally
approved preliminary plat. Further, a variety of other concerns and deficiencies
remain with respect to the final plat application. In my opinion, these circumstances
constitute sufficient justification for the City Council to deny the final plat application.
~cerelY' ~
~i . --~-
illiam G. Hawkins
WGH/tju
Enclosure
,
I ,
LEONARD, STREET AND DEINARD
PROrESSIONAL ASSOCIATION
April 27, 2000 Joseph M. Finley
651-291-3528
j oe.finley@leonard.com
VIA COURIER
Mr. David Carlberg
Community Development Director
Andover City Hall
1685 Crosstown Boulevard
Andover, MN 55304
William G. Hawkins, Esq. V
Andover City Attorney
2140 - 4th Avenue North
Anoka, MN 55303
Re: Administrative Review of Final Plat of Grev Oaks
Gentlemen:
We understand, based upon comments that were made at the City Council meeting on Apri118,
2000, and in a follow-up telephone conversation my partner Jim Bullard had with Mr. Hawkins,
that you are authorized administratively to grant [mal plat approval for Grey Oaks if you receive,
by April 30, 2000, a revised Declaration of Covenants containing the age restriction found in
item 5(c) of the Special Use Permit Resolution (No. R055-99). Accordingly, we are enclosing,
and are prepared to have executed and recorded - along with the final plat of Grey Oaks - a
revised Declaration of Covenants (clean copy and black-lined changes) that (i) contains the age
restriction found in item 5(c) of the Special Use Permit Resolution and (ii) conforms with the
City's allocation requests contained in item 12 of Review No.6 (see page 2 of Mr. Carlberg's
memo of February 5, 2000).
We are taking this step to mitigate damages caused by what we believe has been the City's
unlawful conduct in denying Grey Oaks' application for final plat approval, subsequently
passing a moratorium ordinance to prevent development of the alternative Andover Oaks Project,
and threatening to downzone the property. We hope you will view our action as a good faith
effort not only to mitigate damages, but also to work with the City in a productive way at a time
when the City's land use decisions are under scrutiny by the Metropolitan Council and others
(because of recently adopted housing goals).
Please be advised that the revised Declaration of Covenants containing the age restriction
demanded by the City is being submitted under protest and with a full reservation of Grey Oaks'
rights to seek judicial review of the legality of the age restriction imposed by the City and the
2270 MINNESOTA WORLD TRADE. CENTE.R 30 EAST SEVE.NTH STllET SAINT PAUI., MINNESOTA 55101 TEL 6;1-222.7455 FAX 6S1-222-7644
1938823v1 LAW OFFICES IN MINl'"E.APOLlS, SAINT PAUL AND MANl~ATO
, r
Mr. David Cdberg
William G. Hawkins, Esq.
April 27, 2000
Page 2
legality of the City's conduct regarding the Grey Oaks and Andover Oaks Projects, including the
moratorium ordinance and the threatened downzoning of the property. This reservation of rights
shall not be affected or limited in any way by the doctrine expresseci in Crvstal Green v. City of
Crystal, 421 N.W.2d 393 (Minn. Ct. App. 1988) and any of its progeny, or in similar cases.
Thus, Grey Oaks is preserving, and it is not releasing or waiving, its rights to seek judicial
review and redress for the conduct of the City.
It is our hope that this approach - submitting a revised Declaration of Covenants that fully
conforms with the City's demand for an age restriction, but also preserving ,Grey Oaks' rights to
seek judicial review and redress - will ensure that the City's land use goals are fully
accomplished should the age restrictions prove to be "legal." Yet, this approach will also
mitigate damages to some extent if the City's conduct is later found to have exceeded the law.
Moreover, this approach allows the parties to litigate (should Grey Oaks choose to do so) the
validity of the age restriction covenants - which pose significant, competing public policy issues
for both municipalities and developers - without the press of time and the threat of huge and
constantly growing damages looming in the background.
A final clarification: If, based on the age restrictions now contained in the revised Declaration of
Covenants, you decide administratively to approve the final plat of Grey Oaks, we assume that
the 'rezoning initiative for the Grey Oaks parcel will become moot (because of Minn. Stat.
~ 462.358, subd. 3c) and that the recently-enacted moratorium will not apply to the approved
Grey Oaks Project.
Please let me know as soon as possible if, based on the enclosed submission, you will grant final
plat approval for Grey Oaks on the terms set out in this letter. Please also confirm that, upon
administrative approval of the final plat of Grey Oaks, the rezoning initiative is moot and the
moratorium will not apply to the approved Grey Oaks Project. Thank you.
Very truly yours,
LEONARD, STREET AND DEINARD
JMF /p b
Enclosure
cc: Jerry Windschitl
James G. Bullard, Esq.
193 8823v 1
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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
1900072v4
. ,
COMMON INTEREST COMMUNITY NO.
-
PLANNED COMMUNITY
GREY OAKS AT ANDOVER
DECLARATION OF COVENANTS
THIS DECLAR~TION OF COVENAlVfS FOR GREY OAKS AT ANDOVER is
made as of this _ day of May, 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 has reserved the right to designate some or all of the building to be
developed on the Subject Property as "Senior Housing" as that term is defined below.
E. To accomplish the foregoing, to preserve the value of the 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:
19ooon,,~
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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 "O"mers Association" means "Grey Oaks at
Andover Owners' Association," a nonprofit corporation organized under Chapter 317A of
Milll1esota 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, \vhich 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 Exnenses. "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. Community. "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 Condomiriium Units (all as identified in attached Exhibit A
and hereinafter defined), and portions of which are to be owned and administered by the
1900072 v4 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" me;ms 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.
I. 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 flIst 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 Cnits 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 Horne 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
1900072 \'4 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 resen'ed 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. Senior Housing. "Senior Housing" means housing which constitutes "housing for
elderly persons" as defined in Minn. Stat. 9 363.02, Subd. 2(2)(b) and constitutes "housing for
older persons" as defined in 42 U.S.C,A. 9 3607(b)(2), as either of the same may be amended
and supplemented from time to time.
V. 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.
W. Subiect Prooertv. "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 pennanent
fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in any
other way appertaining thereto.
X. 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.
1900072 v4 4
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ARTICLE II.
DWELLING COVENANTS
A Residential Purnoses: Home Occupations. Each Lot shall be used only, for
residential purposes and related ancillary uses. No Lot may be used for any commercial purpose,
except that Lots may be used by Owners for home occupations, ihat 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 facilitie's, public or private
schools, or commercial agriculture, even if such uses may be permitted by applicable zoning
ordinances.
B. Buildin~ 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.
., Setbacks. Dwellings must be set back from all Lot lines in compliance
.J.
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 bam 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 91.4000, 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 seivices 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
1900072 v4 5
domesticated househ'Jld pets, such as dogs and .:ats 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
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 Family Lots. No more than two dogs or 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: Parking: Vehicles. All driveways an,d 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
19oo072v4 ,
0
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.
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 sho\\-ing 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.
~ To maintain sales and/or rental offices and management offices, and
.J. 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 Conununity,
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 govenl the
Condominium Units.
1900072v4 7
L. Timeshares. Timeshares are not permitted.
M. Senior Housing:. All of the housing units on the Subject Property, except for the
following described seventy (70) units, to-wit, those located on the following lots in GREY
OAKS: Lots 13, 14, 15 and 16, Block 3 (single family homes); Lots 5, 6,7,8, 11 and 12, Block
3 (twin homes); and Lot 9 and 10, Block 3 (each a 3D-unit multifamily building), shall be, and
hereby are, subject to "Senior Housing" age restrictions as that term is defined in Section LX of
this Declaration. The Association shall use commercially reasonable effort periodically to
monitor and enforce such age restrictions. In the event the Association fails or neglects to
enforce such age restrictions the City itself, as a third-party beneficiary of the age restriction
covenants, may, after thirty (30) days' written notice to the Association, take appropriate legal
steps to enforce the age restrictions by injunctive relief or eviction proceedings.
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 of the Owner ofthe 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 of the
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 theJoregoing.
C. Ingress and Egress. Each Owner shall have a perpetual umestricted right of
ingress and egress to the Ov,ner's Lot.
D. Citv 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.
1900072v4 8
.
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 of the 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.
ARTICLE IV.
RESTRICTIONS AND CONDITIONS
A. Comoliance with Declaration. Bvlaws and Rules and Regulations of Association.
Each Owner and occupant of a Lot shall comply with all of the provisions of this 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. 9 303.02 and the Federal Fair Housing Act amendments at 42
U.S,c. 9 3607 (b)(2).
C. Impairment of Structural Integrity. 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
1900072\'4 9
.
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 rurming 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.
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. ~Iembership 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. .:...Ieetings. 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 VI.
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
19ooo72v4 10
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. Ri~ht 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
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 (0 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.
e. Improvements 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% ofthe 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
19ooo72v4 11
said pared shall belong to the Asso,;iation as Common Arec.s and shall be operated, maintained,
and repaired by the Association. i~he 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
herbicides within, the areas of the 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 of the rights-of-way of public streets.
ARTICLE VII.
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.
1900072v4 12
,
C. Puroose of G<~neral Assessments. General Assessments shall be i:nposed 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:
1. Utility services;
2. Taxes and Special Assessments against the Association's property, ifany;
3. Income and other taxes levied or assessed against or charged to the
Association, if any;
4. Premiums for insurance camed 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 Assessm<;nt. 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. Soecial 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.
1900072v4 13
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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 andlor the Limited Common Areas for the cost
of said maintenance, repairs, or construction. If the City assesses the Common Areas and/or the
Limited Corrunon 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.
G. Cnifonn 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 .-\ssessment 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 of Nonpavment of Assessments: Remedies of the 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 of 8% per annum. No Owner may waive or otherwise escape
liability for Assessments by nonuse of the Corrunon Areas andlor Limited Corrunon Areas or
abandonment of the Owner's Lot.
1. Subordination of the Lien to Mort~ages. 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.
1900072 \'4 14
. .
K. Certificate ofPavrnent. The Association shall, upon demand, furnish to m Owner
or a Mortgagee or holder of an interest as Security for an Obligation a certificate signed by a'1
officer of the Association sening forth whether the Assessments on the specified Lot have been
paid in filII and, if not paid in full, stating which Assessments are unpaid. A reasonable 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.
ARTICLE VIII.
ASSOCIATION INSURANCE
A. Propertv 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 \vithin the Lots: (a) ceiling or wall finishing materials; (b) floor
coverings; (c) cabinetry; (d) fmished 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 \vithin 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.
1900072v4 15
. ,
B. Other Insurance. The Association shall also procure:
1. Fideliry bonds or insurance coverage against dishonest acts on :he 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;
3. Directors and officers liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time; and
4. Such orher insurance as the Board may determine from time to time to be
in the best interesr of rhe 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 IX.
A...\IENDMENTS TO DECLARATION
A. Percentage oi 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%) oi rhe 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.
1900072v4 16
.
ARTICLE X.
GENERAL PROVISIONS
A. Interpretation of DeclaratioI1. 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 of it 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
an audited financial statement for the immediately preceding fiscal year prepared at the expense
of such person or entity holding a first mortgage.
e. 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 of the Association;
2. Association. In the case of the Association, to its President or
management agent at the last address shown for such person on the records of the
Association, or ifnot obtainable, to its registered office in the State of Minnesota; or
3. Declarant. In the case of the Declarant, Grey Oaks, Inc, c/o Gerald
Windschitl, 3640 152nd 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 ofthis Declaration.
F. Titles. Headings or Cantions 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.
1900072v4 17
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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.
I. 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.
ARTICLE XI.
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. Copv 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
19000nv4 18
. " ,
proposed annual budget or any action taken with respect thereto, nor shall my objection or
comments by any such mortgagees with respect to such proposed annual budget be binding upon
the Association.
[Balance of Page Intentionally Blank]
1900072 v4 19
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IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above wrinen.
GREY OAKS, me.
a Minnesota corporation
By:
Gerald Windschitl, President.
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of May, 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
SI. Paul, MN 55105
1900072v4 20
. ., .
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; and
Lot 1, Block 5
All in "GREY OAKS" according to the plat on file in the office of the Recorder for
Anoka County, Minnesota.
19OOO72v4
I
I
, " CITY OF ANDOVER
"(5)
-~ REQUEST FOR COUNCIL ACTION
DATE: June 6. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd Haas, ,J'~
ITEM NO. Engineering
19. Approve Quote/00-14/142XX Round Lake Blvd. NW
The City Council is requested to award the quote to Volk Sewer & Water in the amount of
$11,516.00 for Projects 00-14 & 00-24, for the installation of a sanitary sewer and water
service at 142XX Round Lake Boulevard NW and water service at 14268 Round Lake
Boulevard NW.
Quotes received were as follows:
Contractor Quote
Volk Sewer & Water, Inc. $11,516.00.
(Add $1,500 if dewatering is necessary) .
Don Zappa & Son Excavating, Inc. $15,850.00
.a:B'3 612531B164 VOLK SEWER AND WATER PAGE B2 ' \
"
QUOTE FORM ..
::r U N E'. 2- \
.2000
Honorable Mayor and Member of the City Council
City of Andover
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
SUBJECT: City of Andover, Minnesota
'142XX Round Lake Boulevsrd NW
Utility Improvement Project
City Project No. 00-14
Gentlemen:
We the undersigned, having carefully examined the site of the proposed work, the plans and
contract documents prepared by the City of Andover for the subject project, do hereby propose
to furnish all labor, tools, material and equipment, and incidentals required for the complete
construction of said project and such other work as may be incidental thereto for the following
unit or lump sum prices:
I
ITEM QUANTITY UNIT PRICE TOTAL ~
Section 1 - Sa"ltarv Sewer '
1. Mobilization 1LS' , $ , , DO. DOllS $ /, /00,00
2. Install a 4" PVC Saddle to existing 1:LS:,'::,',"; ..$~S $ 1415,00 . i .
Sanitary Sewer 'j , ":':"{ .', ,,'
3. 4" PVC SCH. 40 Service Pipe 25.lF ': /:' $~"13.,2.0ILF.."$':,.:. ?i~O.OO '.,:
.'.'.
4. 4" PVC SCH. 40 Clesnout 1 'EA-;' ':1'.,'::: $, ;Ho:WJEA.:$ 1/0.00 i'.
5. '" Type "J<>> Copper Service Pipe 190LF" !' .". S-,' ./8..,S.-JtF '.,$.-, ::!l'r~"tP,.so '.
6. 1" Corporation Stop 2:EA'~,"'~'($ 'q'?>'7,~1EA $ . 2"1'5.00 ;
7. 1" Curt) Stop with Curt) Box 2EA' > :,$,2.1~'50:IEA~$" 42.".00 ' '.
8. Gopher two 1. Copper Lines under 1'LS'~' :,:':~ $'Ba.~.'5olLS:_$.<~:Obo. 50
Round Lk. Blvd. (Approx. 55' ea.) . ~ I.....~ _:. ~ . . :.~;{":'~':.:(, ::::.: ,':;,".:j
9. Sod 3oo.sy '~,'.':' $ 3.'2.0 ISY'$.. . q~o..oO..::.' . ''!
10. Topsoil 25CY :'.;):;:: $ \5.~O ICY $' '3M~ 00 ": ,,0
.. .
ADD 'ii) \ ~OO . 00 I I. F '"'DE,:WA.""t;E.R I t\.)u- ., :,"
TOTAL 'S N E.L:..E.~~AR Y , . .'. .;..... SJj . 5 ICD. 00 ' .
The undersigned bidder also agrees to enter into a'contfachvittt the'QWNERwithin.tetl(1D):,-' ,
days after the OWNER'S acceptance of this Proposal or any seCtion or'sectionS' thereof,' and :;
further agrees to complete the entire work covered in the contract award Within'thc'time period . ,
designated by the City.
In submitting this bid, it is understood that the OWNER reserves all rights to reject any and
all bids, and it is understood that this bid may not be withdrawn within a period of sixty (60) days
after the scheduled time for the receipt of bids.
YOLK SE..WU, ~ 'NAil;;,R." ItJL.
(Individual; Partnership; Corporation
BY:~c.. '--t<-..~r~I?~I;;:<;:"OE.t.n
eq co. ~A15 ~ C,.E.E.EJC- c.:r
Address: -""lI.nolc,,\'-"fN '"P~~.... f'o'ItJ SS4~
Phone: \D\ 2. - ':l '01- 2..c., 2 \
JUN €I2 '00 08:29 6125310164 PAGE. 02
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/
, "0'3::Jl:jd ~c:~c: 981. C:19 91 :60 00. H )..1;jW
.
It' QUOTE FORM
i ,s-- II - ,2000
Honorable Mayor and Member of the City Council
City of Andover
1685 Crosstown Boulevard NW
Andover, Minnesota 55304
SUBJECT: City of Andover, Minnesota
142XX Round Lake Boulevard NW
Utility Improvement Project
City Project No. 00-14
Gentlemen:
We the undersigned, having carefully examined the site of the proposed work, the plans and
contract documents prepared by the City of Andover for the subject project, do hereby propose
to furnish all labor, tools, material and equipment, and incidentals required for the complete
construction of said project and such other work as may be incidental thereto for the following
unit or lump sum prices:
ITEM QUANTITY UNIT PRICE TOTAL
Section 1 - Sanitary Sewer tZ .. ;;, SC oc.-
1. Mobilization 1 LS $ __.$'"GO.-/LS $ 7 GJO,-
2. Install a 4" PVC Saddle to Existing 1 LS $ ~Oc:':'"-/LS $ .~C:X:>'~
Sanitary Sewer Co'"' 7.so.~
3. 4" PVC SCH, 40 Service Pipe 25 LF $ :~.-/LF $
4. 4" PVC SCH. 40 Cleanout 1 EA $ /.0.~ lEA $ 1.:5<:J. ~
5. 1" Type "K" Copper Service Pipe 190 LF $ ~.:: ILF $ r~
6. 1" Corporation Stop 2EA $ leX). '::,. lEA $ . oo,~
7. 1" Curb Stop with Curb Box 2EA $ /a:J.- lEA $ ~-:...,
8, Gopher two 1" Copper Lines under 1 LS $~~. ~ ILS $ ~~.~
Round Lk. Blvd. (Approx. 55' ea.) $ S ~ ISY $ ?S-0:7~ ~
9. Sod 300 SY
10. Topsoil 25CY $ /d. -::: ICY $ ~~:%
OD
TOTAL $ /.:S;I?SCJ.-
,
The undersigned bidder also agrees to enter into a contract with the OWNER within ten (10)
days after the OWNER'S, acceptance of this Proposal or any section or sections thereof, and
further agrees to complete the entire work covered in the contract award within the time period
designated by the City.
In submitting this bid, it is understood that the OWNER reserves all rights to reject any and
all bids, and it is understood that this bid may not be withdrawn' within a period of sixty (60) days
after the scheduled time for the receipt of bids, D.. 0
CA) vm
(Individ ; Partnershi
By: ~
Addressltfcil ~O/. R0J'10 7'1
DON ZAPPA 8. SON EXC. B/.A/N~ ft1.v- ::s:s-"t
1801 RADISSON ROAD N.E. Phone:
eLAINE, MN 55449 c//cr- 7J>c.-~3C70
._.. .