HomeMy WebLinkAboutCC June 20, 2000
"', CITY of ANDOVER
)
1685 CROSSTOWN BOULEVARD N.w.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting- Tuesday, June 20, 2000 agenda
Call to Order - Following Special Joint City Council/EDA Meeting
Plaque Presentation
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
1. Public Hearing/Modifications to the Dev. Program ofDist. No. I & TIF Plan ofTlF Dist. 1-1 tif
2, Anoka County Sheriff Monthly Report sheriff
3. Presentation of 1999 Audit ReportJKern, De Winter, Viere ,L TD audit
4. Presentation/Anoka Area Ice Arena/Request To Amend Gambling Ordinance gambling
5, Review Easement Encroachment Agreement/00-26/15526 Zilla Street NW easeOO26
6, Approve Revisions to the Preliminary Plat & Development Standards/Grey Oaks reppgoaks
7. Approve Association Documents/Grey Oaks assocgoaks
8. Approve Final Landscape Plan/Grey Oaks landscapegoaks
o 9. Approve Final Plat/Grey Oaks fplatgoaks
10, Approve Easement Encroachment Agreement/Grey Oaks esmentgoaks
11. Accept Supplemental Feasibility Report(98-29 & 00-16)/Order Plans & Specs/00-16/Grey Oaks acptOO16
(Phase II)
12. Approve Plans & Specs/00-16/Grey Oaks (Phase II) apprOO16
13. Award Bid/98-29/Grey Oaks bid9829
14: Discuss No Parking at Green Acres Park nopark
15.1999 Budget Carry Forward, Continued budget
Staff. Committees. Commissions
16, Schedule Work SessionlDiscuss Street Light Policy/June 28, 2000 strlight
17, Non-Intoxicating Liquor License/Andover Lions lions
18. Amend Pov's Request/Liquor povs
Non-Discussion/Consent Items
19. Exemption to Noise Ordinance/Andover Family Fun Fest funfest
20, Approve Resolution Establishing Speed Limit in Section 15 speedlimit
21. Accept PetitionlOO-25/3532 - 142nd Avenue NW NWIWM petOO25
22. Approve Resolution Calling of Certain Outstanding G.O Tax Increment Bonds, Series 1993B gobonds
23. End of Probationary PeriodlDeanna Connoy connoy
24. Approve the Cancellation of Excess Liability Insurance insurance
25. Authorize Intersection StudylBluebird Street-150th Lane authstudy
26, Declare Cost/Order Assessment Roll/98-11/Jay Street NW dclr9811
27. Kennel License RenewallDover Kennels kennel
,_j 28. Accept Easement/14268 Round Lake BlvdlNess easeness
29, Approve Auto Recycling Yard License/ Anoka Auto Wrecking/I775 Bunker Lake Blvd NW anokaauto
Mayor/Council Input
Payment of Claims
Adjournment
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: lune 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
~V
Approval of Minutes City Clerk O~,/J
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
May 30, 2000 Special Meeting
June 6, 2000 Regular Meeting
I
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.
Public Hearing:: David L. Carlberg
Modifications to the Development Community Development Director
~,program of District No.1 & the
t.. 'TIF Plan ofTIF District No. 1-1
The City Council is requested to hold a public hearing and adopt the attached resolution
approving modifications to the Development Program of Development District No.1 and
the TIF Plan ofTlF District No.1-I. By adopting the resolution, the Council forwards
the modifications to the EDA for approval.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO.1; AND ADOPTING THE
MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX
INCREMENT FINANCING DISTRICT NO.1-I.
THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of
Andover, Minnesota (the "City"), as follows:
Section 1. Rp~it:11~.
1.01. The City Council and the Economic Development Authority for the City have
heretofore adopted a Development Program for Development District No. 1 and
adopted a Tax Increment Financing Plan for Tax Increment Financing District No,
1-1.
1.02. It has been proposed that the City modify the Development Program for
Development District No. I and modify the Tax Increment Financing Plan for
Tax Increment Financing District No.1-I, all pursuant to and in accordance with
Minnesota Statutes, Sections 469.090 through 469.1081, inclusive, as amended,
and Minnesota Statutes, Sections 469.174 to 469.179, inclusive as amended (the
"Act"). Generally, the substantive changes to the Tax Increment Financing Plan
for Tax Increment Financing District No. 1-1 include the modification of the
budget to add expenditures, designation of additional parcels for acquisition, an
increase maximum bonded indebtedness and other administrative updates to the
Plan.
1.03. The Council has investigated the facts and has caused to be prepared
modifications to the Development Program for Development District No.1 and
modifications to the Tax Increment Financing Plan for Tax Increment Financing
District No. 1-1 (collectively the "Modifications").
1.04. The City has performed all actions required by law to be performed prior to the
adoption and approval ofthe proposed Modifications, including, but not limited
to, notification of Anoka County and School District No. II having taxing
jurisdiction over the property to be included in District No. 1-1, a review of and
comment on the Modifications by the City Planning and Zoning Commission, and
the holding of a public hearing upon published notice as required by law.
Section 2. Finning<: for tnp. Arrl'(w~l nftnp. Mnnifi~Minn<:.
,
2.0l. The Council hereby reaffirms the original findings for Tax Increment Financing
District No. 1-1 as modified herein, namely that Tax Increment Financing District
No. 1-1 is in the public interest and is a "redevelopment district" under Minnesota
Statutes, Section 469.174, subd. 10 (a)(I) and that the proposed development
would not occur solely through private investment within the reasonable
foreseeable future and therefore the use oftax increment financing is deemed
necessary, the Modifications conform to the general plan for the development or
redevelopment of the City as a whole, and that the Modifications will afford
maximum opportunity consistent with the sound needs of the city as a whole, for
the development of Development District No. I by private enterprise.
2.02. The reasons supporting these findings are that private investment will not finance
these development activities due to prohibitive costs, and therefore it is necessary
to finance these redevelopment activities through the use oftax increment
financing so that other development by private enterprise will occur within
Development District No.1; Tax Increment Financing District No, 1-1 is properly
zoned; the Modification to the Tax Increment Financing Plan conforms to the
City's comprehensive plan for redevelopment and development; and the
development activities are necessary so that development and redevelopment by
private enterprise can occur within Development District No.1.
Section 3. PlInli~ P1111'n<:p..
3.0l. The Council hereby finds that the Modifications conform in all respects to the
requirements of the Act and are intended and, in the judgement of this Council,
the effect of such actions will be to help fulfill a need to develop an area of the
City which is already built up, to provide employment opportunities, to improve
the tax base and to improve the general economy of the State and hereby serves a
public purpose.
Section 4. Arrrnv~l nftnp. Mnnifi~Minn<:: Filing.
4.0l. The Modification to the Development Program for Development District No. I
and the Modification to the Development Program for Tax Increment Financing
District No. 1-1 are hereby approved, and shall be placed on file in the office of
the City Clerk. Approval of the Modifications does not constitute approval of any
project or a Development Agreement with any developer.
4.02. The Modifications are forwarded to the Andover Economic Development
Authority for its approval.
4.03. The staff of the City, the City's advisors and legal counsel are authorized and
directed to proceed with the implementation of the Modifications and for this
purpose to negotiate, draft, prepare and present to this Council for its
consideration all further plans, resolutions, documents and contracts necessary for
this purpose.
Adopted by the City Council of the City of Andover on this ~ day of June 2000.
ATTEST: CITY OF ANDOVER
Victoria Volk, City Clerk J, E. McKelvey, Mayor
MODIFICATION TO
TAX INCREMENT FINANCING PLAN
for
TAX INCREMENT FINANCING DISTRICT NO. 1-1
(a redevelopment district)
within
, DEVELOPMENT DISTRICT NO.1
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
/ CITY OF ANDOVER
Public Hearing on the Modification: June 20, 2000 ,
Modification Adopted:
Prepared by:
e EHLERS
& ASSOCIATES INC
3060 Centre Pointe Drive Roseville, MN 55113-1105
651.697.8506 fax 651.697.8506 www.ehlers-inc,com
TABLE OF CONTENTS
(for reference purposes only)
MUNICIPAL ACTION TAKEN, , . . , . , .. , .. . , .. . . .. , . , .. .. . .. . .. . . , .. .. . . , .. .., . .. , , . , 1-1
SECTION I.
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 , . . . . . , , . . . , . , . , 1-3
Subsection 1. 1. Definitions. , , , . , , , , , , , , , , , , , , , , . , , , , . , , , , , , , , , , , , , , , , , , , , . , , . , , . , , , , , , " 1-3
Subsection 1.2, Statement and Finding of Public Purpose, , , , , , . , , , , , , , . . , , , , , , , , . " ,. , , , , , , , .' 1-4
Subsection 1.3, StatutorY Authority ."",.""""""",.,...",.,.,""""",.. ' , . , , , " 1-4
Subsection lA, Statement of Objectives , , , , , , , . , , , , , . ,. , . . , . , , ... , , , , . , . , , , , , , . , " , , . , , , " 1-5
Subsection 1.5, Estimated Public Costs and Supportive Data ."""",."",.""",,""""" 1-5
Subsection 1.6, Environmental Control "",.""".".,.,.".,.""".,",.,""',..,"'" 1-8
Subsection 1.7, Proposed Reuse ofPropertv .""""".,."""",..,..,',.,""",.,",.,' 1-9
Subsection 1.8, Administration and Maintenance of the Development District, ,."."""","',.,' 1-9
Subsection 1.9, Rehabilitation "."""""""""""""""",,",.,',.,"""',.,.,. 1-9
Subsection 1.10, Relocation",.""."""".""""""....,.,.,""",.....".".,'" 1-9
Subsection 1.11. Boundaries of the Development District , , , , , , , , , , . , , , , , , , , , . , , , , , , . . , . . , , , , " 1-9
Subsection 1.12, Parcels to be Acquired or Which mav be Acquired in Whole or in Part Within the
Development District "..".""".,.",.""""""",.,"""',.".,",.".,' I - I 0
SECTION II
TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO,
1-1 .",..,...,..........,:..,."...",.,.".,.,',..,",.,',..,",.,"""'" 2-1
Subsection 2,1, Statement of Objectives ."".""""""."""..",",..,""',.,""'" 2- I
Subsection 2,2, Development Program" , , " , " , " , , " ,",' " , ",." " , ., " ," " ", . ", . ",2-1
Subsection 2.3, Parcels to be Included in Tax Increment Financing District No ,'" , , . , , , , , , , . , , , . , , 2- I
Subsection 2.4, Parcels in Acquisition """.",.,.""."""",.,"""""',.," . , , , , . , , 2-1
Subsection 2,5, Development Activity in the Development District for which Contracts have been Signed
""""."",.""."."""""""",""',.,"",.,""",.,',.," .."",,2-2
Subsection 2,6, Other Specific Development Expected to Occur within the Development District. , , . , . . 2-2
Subsection 2,7, Estimated Cost ofProiect .""""""""".,..""".,""""""',.,'" 2-2
Subsection 2,8, Estimated Amount of Bonded Indebtedness", , " , , , ",' ""." , , ." , ., , " , " , , 2-2
Subsection 2,9, Sources of Revenue, . , , , , , , , , , , , , , , , . , , . , . , , , , , , , , , , , , , , , . , , . , , , , . . , . , , , , , 2-2
Subsection 2.10, Estimated Original and Captured Assessed Values and Estimate of Tax Increment ",,2-2
Subsection 2.1 I Mill Rate , , ,,',",' ,",','" . , " .,., , ,. , " " ,'" ". " , ,.' , " ", . . , , " .,2-2
Subsection 2,12, Tax Increment, , , , , , , , , , , , , , , , , , , , , , , , . , , , , , . , , , , , , , , , , , , , , , . , " . . , , , , , , 2-2
Subsection 2,]3, Capitalized Interest. , , , , .'",.' ".' " " ",. " " , .., " .',.' ". " ", . " , ,. ,,2-3
Subsection 2,14, Investment Interest Rate, ", "," " ,. ,',' , " ,.. ,.' , " ",....' " ", . , , , " ,,2-3
Subsection 2,15, Tvpe of Tax Increment Financing District, "., ,. ,."" ., '" , . .', " ,.' . " , ",,2-3
Subsection 2,16, Duration of Tax Increment Financing District No. I -I, ".""""""". , , . , , , , . 2-3
Subsection 2, I 7, Estimated Impact on Other Taxing Jurisdictions, , , , , , . . , . , , , , , , , , , . , , " , . , , , , , , 2-3
Subsection 2,18 Tax Increment Financing Account for Tax Increment Financing District No.1-I. ,.", 2-4
Subsection 2,19, Modification of Tax Increment Financing District No,l- I and/or Tax Increment Financing
Plan """",.",.."."""""""",,',.,',.,""""""',..,"'" . , , , , , , , 2-4
APPENDIX A
BOUNDARY MAPS OF DEVELOPMENT DISTRICT NO, 1 AND
TAX INCREMENT FINANCING DISTRICT NO, 1-1 .."......,.............. . " ", A-I
Items to be deleted by the 2000 Modifications are shown with ,11 iJ...GOtlt,
Items to be added by the 2000 Modifications are shown with double
underline, with the exception of new or revised tables,
MUNICIPAL ACTION TAKEN
Based upon the statutory authority described in the Development Program attached hereto, the
public purpose findings by the City Council and for the purpose of fulfilling the City's development
objectives as set forth in the Development Program, the City Council has created, established and
designated Development District No, I pursuant to and in accordance with the requirements of
Minnesota Statutes. Section 472A.OJ 469,126,
The following municipal action was taken in connection therewith;
July 29,1986: The Development Program for Development District No.1 was adopted by the City
Council.
September 2, 1986: The Development Program for Development District No, 1 was modified by the City
Council.
September 15, 1987: The Development Program for Development District No, 1 was modified by the
, City Council.
April 5, 1994: The Development Program for Development District No, I was transferred by the City
Council to the Andover Economic De.velopment Authority ("EDA"),
February 21, 1995: The Development Program for Development District No, 1 was modified by the EDA
to reflect increased geographic area and increased project costs,
September 19, 1995: The Development Program for Development District No, 1 was modified to
increase authorized public costs, increase maximum bonded indebtedness and identify additional parcels
for potential acquisition.
The following municipal action was taken with regard to the Tax Increment Financing Districts located
w~thin Development District No, 1:
Tax Increment Financing District No, 1-1:
July 29,1988: The Tax Increment Financing Plan for Tax Increment District No, 1 was adopted by the
City Council.
September 2, 1986: The Tax Increment Financing Plan for Tax Increment Financing District No, 1-1 was
modified by the City Council.
City of Andover Development Program for Development District No.1 1-1
September 15, 1987: The Tax Increment Financing Plan for Tax Increment Financing District No. 1-1
was modified by the City Council.
April 5, 1994: The Tax Increment Financing Plan for Tax Increment Financing District No, I-I was
transferred by the City Council to the Andover Economic Development Authority ("EDA"),
February 21, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No. I-I was
modified by the EDA to reflect increased geographic area and increased project costs within
Development District No, 1.
September 19, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No. 1-1
was modified to increase authorized public costs, increase maximum bonded indebtedness and identify
additional parcels for potential acquisition,
June 20. 2000: The Tax Increment Financing Plan for Tax Increment Financing District No, 1-1 was
modified to reflect increased ex enditures increased maximum bonded indebtedness and eneral
revisions to reflect current statutorY references and provisions,
Tax Increment Financing District No, 1-2:
September 2, 1986: The Tax Increment Financing Increment Financing Plan for Tax Increment Financing
District No, 1-2 was adopted by the City Council.
/
AprilS, 1994: The Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 was
transferred by the City Council to the Andover Economic Development Authority ("EDA"),
February 21, 1995: The Tax Increment Financing Plan for Tax Increment Financing District No, 1-2 was
modified by the EDA to reflect increased geographic area and increased project costs within
Development District No.1,
City of Andover Development Program for Development District No. I 1.2
/
SECTION I.
DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO, 1
Subsection 1,1, Definitions, The terms defined below shall, for purposes of this Development
Program, have the meanings herein specified, unless the context otherwise specifically requires:
"City" means the City of Andover, a municipal corporation and political subdivision of the State of
Minnesota,
"Comprehensive Plan" means the City's Comprehensive Plan which contains the objectives,
policies, standards and programs to guide public and private land use, development, redevelopment and
preservation for all lands and water within the City.
"Council" means the City Council of the City, also referred to as the governing body, (See
"Governing Body" below),
"County" means the County of Anoka, Minnesota.
"Development District Act" means the statutory provisions of Minnesota Statues, CI'b.pkl 472A,
Sections 469,124 through 469,134 as amended and supplemented,
"Development District" means Development District No, I in the City, which is created and
established hereto pursuant to and in accordance with the Development District Act, and is
geographically described in Section I, Subsection 1.11. of the Development Program, The Develooment
District serves as the Proiect area for the ourposes of Minnesota Statutes, Section 469.174. Subdivision 8,
"Development Program" means this DevelopmentProgram for Development District No, 1,
initially adopted by the Council on July 29, 1986, As defined in Minnesota Statues, S~I"tiou 4 721,02,
Su~J; ,;,iuu 5 Section 469.125. Subdivision 3, a development program is a statement of objectives of the
City for improvement of a development district which contains a complete statement as to the public
facilities to be constructed within the district, the open space to be created, the environmental controls to
be applied, the proposed reuse of private property and the proposed operations of the district after the
capital improvements within the district have been completed,
"EDA" means the Economic Develo ment Authori of Andover 0 ursuantto
Minnesota Statutes. Sections 469.090 through 469.1081
"Governing Body" means the duly elected City Council as defined in Minnesota Statutes Section.
472A,02, subdivision 10.
"Mdu;c;l'al Iudd~tl ;al DI", dUl'wcut A.:.t" w':'"u, tIll" ,t"tut01Y 1'1 u, isious uff,i;J11I1",ot" ~t"tud,
Cllal'tc.l 474, ", alUc,uded,
"1viuul';palitylt J11\".-GLU's ally ,~~)', 110",,"""1 01t;au;b,,,,J do:) d"",Gu\..-J;u Ivl;J1Lu.,,:>Ota Slaluh...;:" S\o,.."t;ou
472,02, 5u~Ji,;5;uu 2,
"State" means the State of Minnesota
"Tax Increment Bonds" means any general obligation or revenue tax increment bonds issued and
City of Andover Development Program for Development District No. 1 1.3
J to be issued by the City to finance the public costs associated with Development District No. I as stated
in the Development Program and in the Tax Increment Financing Plan for each Tax Increment Financing
District within Development District No. I, The term "Tax Increment Bonds" shall also include any
obligations issued to refund the Tax Increment Bonds,
"Tax Increment Financing District" means any tax increment financing district presently
established or to be established in the future within Development District No, I,
"Tax Increment Financing Act" means the statutory provisions of Minnesota Statutes, Sections
273.71 tluvut;1127::;,78 469,174 through 469.1791 inclusive, as amended,
"Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax
Increment Financing District located within II." flVjed Ai c.a Development District No, I.
Subsection 1.2. Statement and Finding of Public Purpose, The City Council (the "Council") of the
City of Andover (the "City") determines that there is a need for development and redevelopment within
the corporate limits of the City in Development District No, 1 (the "Development District") to provide
employment opportunities, to improve the tax base and to improve the general economy of the State, It is
found that the area within the Development District is potentially more useful and valuable than is being
realized under existing development, is less productive than is possible under this program and, therefore,
is not contributing to the tax base to its full potential.
Therefore, the City has determined to exercise its authority to develop a program for improving the
I Development District of the City to provide impetus for private development, to maintain and increase
employment, to utilize existing potential and to provide other facilities as are outlined in the
Development Program adopted and modified by the City.
The Council has also determined that the proposed development would not occur solely through
private investment in the foreseeable future; that the tax increment financing plans proposed herein are
consistent with the Development Program; and that the tax increment financing plans will afford
maximum opportunity, consistent with the sound needs of the municipality as a whole, for the
development or redevelopment of the Development District by private enterprise,
The Council finds that the welfare of the City as well as the State of Minnesota requires active
promotion, attraction, encouragement and development of economically sound industry and commerce to
carry out its stated public purpose objectives.
Subsection 1.3, Statutory Authoritv. .The Council determines that it is desirable and in the public
interest to establish, develop and administer a Development Program for the Development District in the
City to implement its Development District Plan, pursuant to the provisions of CLap!'" 472A, as
<ll11"lId",J, ofM;JIlJc.,vla SlalulGs (the,llDevelopment District Act"J,
Funding of the necessary activities and improvements in the Development District shall be
accomplished through tax increment financing in accordance with M;.ll1dola Sldtut"~, SGd;vu, 273,71 to
273. 78, ;11,,1(15;, c., (the llTax Increment Financing Act"J and through the use of industrial revenue bonds
pursuant to the provisions of Chapter 474, as amended, of Minnesota Statutes (the "Municipal Industrial
Development Act"),
The City has designated a specific area within the corporate limits of the City as the Development
City of Andover Development Program for Development District No.1 1-4
/ District as authorized by Section 472A,OJ 469,126 of the Development District Act which is hereby
amended as outlined in this document. Within the Development District, the City plall' tv uud...,ldk...llvO
(2) ,cd...v...loplUc"l d;,t,;...b a;:> typC, of la", ill""<-,u..."t f./,alll:.iuo dbt,icb c,laLli,I,cJ p(!"uallt to S......liol1
27J,7J, SuLJi v i,ivu 10, vft!.... T a.... I"""""u","l Ad has established three tax increment financing districts~
Subsection lA, Statement of Objectives, The Council determines that the establishment of the
Development District will provide the City with the ability to achieve certain public purpose goals not
otherwise obtainable in the foreseeable future without City intervention in the normal development
process, The public purpose goals include: restoration and improvement of the tax base and tax revenue
generating capacity of the Development District; increased employment opportunities; realization of
comprehensive planning goals; removal of blighted conditions; revitalization of the property within the
Development District to create an attractive, comfortable, convenient, and efficient area for
industrial, commercial, and related uses,
The City and Council seek to achieve the following Development Program objectives:
I, Promote and secure the prompt development of certain property in the Development District,
which property is not now in productive use or in its highest and best use, in a manner consistent with the
City's Comprehensive Plan and with a minimum adverse impact on the environment, and thereby
promote and secure the development of other land in the City,
2. Promote and secure additional employment opportunities within the Development District and
the City for residents ofthe City and the surrounding area, thereby improving living standards, reducing
unemployment and the loss of skilled and unskilled labor and other human resources in the City,
3, Secure the increase of commercial property subject to taxation by the City, Independent School
District No, 11, Anoka County, and the other taxing jurisdictions in or.der to better enable such entities to
pay for governmental services and programs required to be provided by them,
4. Provide for the financing and construction of public improvements in and adjacent to the
Development District, necessary for the orderly and beneficial development of the Development District
and adjacent areas of the City.
5, Promote the concentration of new desirable residential, commercial, office, and other
appropriate development in the Development District so as to maintain the area in a manner compatible
with its accessibility and prominence in the City,
6, Encourage local business expansion, improvement, and development, whenever possible.
7, Create a desirable and unique character within the Development District through quality land
use alternatives and design quality in new and remodeled buildings,
8. Encourage and provide maximum opportunity for private redevelopment of existing areas and
structures which are compatible with the Development Program,
Subsection 1,5, Estimated Public Costs and Supportive Data, The estimated costs of the public
improvements to be made within the Development District and financed by tax increments will be
derived from the tax increment financing districts within the Development District,
City of Andover Development Program for Development District No.1 1-5
(AS ORlGINALL Y ADOPTED July 29, 1986)
(Tax Increment Financing District No. 1-1)
Land Acquisition $2,000,000
Relocation 1,000,000
Demolition 10,000
Improvements Including:
soil correction, sewer & water,
sanitary sewer, street lighting,
curb and gutter 1,000,000
Removal of Hazardous Waste 1,000,000
Professional Services
Estimated project costs for legal assistance, planning,
design, engineering, appraisals, marketing,
bond issuance costs, and other project services 1,000,000
Discount 95,000
Interest on Bonds Prior to Receipt of Tax Increment
To Fully Fund Principal and Interest 1,019,281.50
Less: Interest Income Earned
During the Capitalized Interest
Period - Assume 6% Interest Rate 97,469.53
Total Amount of Bonds to be Sold 4,810,000
Administrative Expense 264,000
AS MODIFIED FEBRUARY 21, 1995
The estimated costs of public improvements to be made within the Development District and financed by
tax increments derived from tax increment financing districts within the Development District are modified
to include the following:
Public Improvements, including sewer and water
trunk lines to be located north of Crosstown
Boulevard and adjacent to the Andover Public
Utilities Building and park property, $1,000,000
City of Andover Development Program for Development District No. ] 1-6
AS MODIFIED SEPTEMBER 19,1995
The capital and administration costs identified in the Development Program and the Tax Increment
Financing Plans for Tax Increment Financing Districts Nos, I-I and 1-2 are amended to reflect the
following budget increases:
Land acquisition and site improvements $3,000,000
Public improvements and public facilities 11,400,000
Administration expense and costs of issuance 1.600.000
Total project costs and maximum principal of
bonds to be issued $16,000,000
As part of the 2000 Modifications. the budget for District No. I-I has been configured to match the
current annual reporting requirements, The column for each budget modification contains the
expenditures added to the budget, The Bond interest pavments added through the 2000 Modifications is
not a new expense. but a recognition of the interest related to the principal authorized in 1995, The
modified budget appears in the following table,
Original TIF 2/95 9/95 2000 Total
Uses of Funds Plan Modification Modification Modification Budget
Land/building acquisition 2,000,000 2,000,000 2,000,000 6,000,000
Site improvements- 1,010,000 1,000,000 2,000,000 4,010,000
preparation
Installation of public 1,000,000 5,000,000 0 6,000,000
utilities
Parking facilities 0 0 0
Streets and sidewalks 0 1,000,000 6,400,000 0 7,400,000
Public park facilities 0 0 0
Social, recreational, 0 0 0
conference
Interest reduction payments 0 0 0
Bond principal payments 4,810,000 16,000,000 0 20,810,000
Bond interest payments 3,800,000 12,000,000 15,800,000
Loan principal payments 0 0
Loan/note interest 0 0
payments
Administrative costs 264,000 1,450,000 0 1,714,000
Other Relocation 1,000,000 0 1,000,000
Discount 95,000 150,000 0 245,000
State Auditor Fee 0 0 0
Total Uses of Funds 13,979,000 1,000,000 32,000,000 16,000,000 62,979,000
The amounts above include expenditures to be made outside of District No, I-I and within the
Development District subiect to the limitations of the Tax Increment Financing Act.
City of Andover Development Program for Development District No.1 1-7
/ Supportive Data for Estimated Costs of
Improvements for the Development District
Under the Development Program
It was necessary to make certain assumptions regarding income, costs and timing ofthe tax
increment financing district. These assumptions are based on discussions with City and County staff and
the developers,
Item Basis for Estimate
Acquisition, Improvements, Estimated by City
Demolition, Relocation
Professional Services Estimated by City Attorney, Bond Counsel and
Financial Consultant
(AS MODIFIED SEPTEMBER 2,1986)
(Tax Increment Financing District No. 1-2)
Land Acquisition* $450,000
Public Improvements 450,000
Credit Support Expense (e.g" Letter of Credit Fees) 4,404,75
Signal Light 65,000
Professional Services
Estimated project costs for legal
assistance, planning, design engineering,
appraisals, marketing, bond issuance costs,
and other project services 45,375
Discount 20,500
Interest on Bonds Prior to Receipt
of Tax Increment to Fully Fund
Principal and Interest 86,322,50
Less: Interest Income Earned
During the Capitalized Interest
Period - Assumes 6% Interest Rate (4,500.23)
Total Amount of Bonds to be Sold $1,300,000
Bonds Sold at this Time 1,025,000
Administrative Expense 91,500
* As part of the developer's responsibility, he will assure that the following public improvements are
included in the site preparation: Grading, FiJI, Drainage and Soil Tests; Traffic Engineering; Curbs and
Gutters; Basic Landscaping; Street Lighting; Parking Lot Lighting; Parking Lot; Directional Signal;
Fence; Sidewalks; Public Toilets; Fire Protection; Exterior Building Lighting.
City of Andover Development Program for Development District No. I 1-8
SUPPORTIVE DATA FOR ESTIMATED COSTS OF
IMPROVEMENTS FOR THE DEVELOPMENT DISTRICT
UNDER THE DEVELOPMENT PROGRAM
It was necessary to make certain assumptions regarding income, costs and timing of the tax
increment financing district, These assumptions are based on discussions with City and County staff and
the developers,
ITEM BASIS FOR ESTIMATE
ACQUISITION, IMPROVEMENTS,
DEMOLITION, RELOCATION Estimated by Developer
PROFESSIONAL SERVICES Estimated by City Attorney, Bond Counsel and
Financial Consultant
Subsection 1,6. Environmental Control. The proposed economic development in the Development
District does not present significant environmental concerns, All municipal actions, public improvements
and private development shall be carried out in a manner consistent with existing environmental
standards,
Subsection 1.7, Proposed Reuse of Property, The public improvements needed to bring about the
new development include acquisition of land, site improvements, and general improvements. The
Development Program does not contemplate the acquisition of private property until such time as a
private developer presents an economically feasible program for the reuse of that property, It shall be the
intent of the City to negotiate the acquisition of property whenever necessary, Appropriate restrictions
regarding, the reuse and redevelopment of property shall be incorporated into any land sale contract to
which the City is a part.
Subsection 1.8, Administration and Maintenance of the Development District. Maintenance and
operation of the public improvements will be the responsibility of the Administrator of the City who shall
serve as Administrator of the Development District. The powers, duties and responsibilities of the
Administrator are spelled out in the Administrative Guide for the Administration of the Development
Program for the Development District, attached hereto as Appendix A. Each year the Administrator will
submit to the Council the maintenance and operation budget for the following year.
The Administrator will administer the Development District pursuant to the provisions of Section
4 72A,I 0 469,131 of the Development District Act; provided, however, that such powers may only be
exercised at the direction of the Council. No action taken by the Administrator pursuant to the
above-mentioned powers shall be effective without authorization by the Council.
Subsection 1,9. Rehabilitation, Owners of properties within the Development District will be
encouraged to rehabilitate their properties to conform with the applicable state and local codes and
ordinances, as well as any design standards, Owners of properties who purchase property within the
Development District from the City may be required to rehabilitate their properties as a condition of sale
of land. The City will provide such rehabilitation assistance as may be available from federal, state or
local sources,
City of Andover Development Program for Development District No. I \.9
Su bsection 1.10. Relocation. The City accepts its responsibility for providing for relocation
pursuant to Section 4 72A.12 469.133 of the Development District Act.
Subsection 1.11. Boundaries of the Development District.
A. Boundaries of the Development District as established Julv 29. 1985.
PIN 34 32 24 44 0006 PIN 34 32 24 44 0008 PIN 34 34 24 44 0007
PIN 34 32 24 44 0005 PIN 34 32 24 44 0004 PIN 34 32 24 44 0003
PIN 34 32 24 440002 PIN 34 32 24 44 0001 PIN 35 32 24 22 0001
PIN 35 32 24 21 0001 PIN 35 32 24 230001 PIN 35 3224240001
PIN 35 32 24120001 PIN 34 32 24 430001 PIN 34 32 24 430002
PIN 34 32 24 430004 PIN 34 32 24 410001 PIN 34 32 24 41 0002
PIN 3432 24 41 0005 PIN 34 32 24 41 0004 PIN 34 32 24 41 0010
PIN 34 32 24 410011 PIN 34 32 24 41 0008 PIN 34 32 24 41 0007
PIN 34 32 24 41 0006 PIN 34 32 24 31 0003 PIN 34 32 24 34 0001
PIN 34 32 24 330001 PIR 34 32 24 42 0006 PIN 34 32 24 42 0005
PIN 34 32 24 42 0004 PIN 34 3224420001 PIN 34 32 24 42 0003
PIN 34 32 24 42 0002 PIN 34 3224 42 0007 PIN 34 32 24 42 0008
PIN 34 32 24 42 0009 PIN 34 32 24 42 DOlO PIN 34 32 24 24 0003
PIN 34 32 24 24 0001 PIN 34 32 24 24 0003 PIN 34 32 24120001
PIR34322413 0001 PIN 34 32 24 13 0002 PIN 34 32 24 II 0001
PIN 34 32 24 140001 PIN 34 32 24140002 PIN 34 32 24 140003
PIN 34 32 24 32 0001 PIR 34 32 24 32 0002 PIN 34 32 24 32 0003
PIN 34 32 24 32 0004 PIN 34 32 24 31 0004 PIN 34 32 24 31 0005
PIN 34 32 24 31 0006 PIN 34 32 24 310013 PIN 34 32 24 31 0007
PIN 34 32 24 31 0008 PIN 34 32 24 31 0009 PIN 34322431 DOli -
PIN343224310010 PIN 35 3224 II 0001 PIN 35 32 24140002
PIN 2632 24 32 0003 PIN 26 32 24 32 0004 PIN 333224420001
PIN 33 32 24 43 0033 PIN 33322441 0001 PIN 333224440001
PIN 33 32 24 44 0002 PIN 34 32 24 23 0002 PIN 34 32 24 23 0003
B. Boundaries of the Development District as modified September 2. 1985.
All of Blocks I, 2, 3, and 4, ANDOVER COMMUNITY SHOPPING CENTER, according to the
plat on file in the office ofthe County Recorder, Anoka County, Minnesota EXCEPT Lot I, Block 2, and
also EXCEPT that part of Lot I, Block 3 described as follows:
.Commencing at the northeast comer of said Lot I, Block 3; thence South, assumed bearing, along
the east line thereof 196.00 feet to the point of beginning of the land to be described; thence South
254.46 feet; thence South 51 degrees 25 minutes 23 seconds West 129.99 feet; thence North 89
degrees 49 minutes 12 seconds West 166.00 feetto a point in the west line of said Lot 1; thence
North 00 degrees 10 minutes 48 seconds East, along said west line, a distance of335.00 feet;
thence East 266.57 feet to the point of beginning.
C. Boundaries of the Development District as modified September 15.1987.
PIN 34 32 24 32 0004
City of Andover Development Program for Development District No.1 1-10
D. Boundaries of the Development District as modified February 2 L 1995.
The boundaries of the Development District are expanded to include the area designated on the attached
map labeled Exhibit I-D.
Subsection 1.12. Parcels to be Acquired or Which mav be Acquired in Whole or in Part Within the
Development District.
AS ORIGINALLY ADOPTED ON JULY 29,1986
Tax Increment Financing District No. I-I
PIN 34 32 24 42 0004 PIN 34 32 24 31 0003 PIN 34 32 24 42 0005
PIN 34 32 24 42 0002 PIN 34 32 24 42 0006 PIN 34 32 24 42 0008
PIN 34 32 2442 0009 PIN 34 32 24 42 0001 PIN 34 32 24 32 0003
PIN 34 32 24 140001 PIN 34 32 24 42 0007 PIN 34 3224 31 0005
PIN 34 32 24 31 0006 PIN 34 32 24420010 PIN 3432 24 31 0007
PIN 34 32 24 31 0008 PIN 34 32 24 32 0002 PIN 343224310011
PIN 34 32 24 310010 PIN 34 32 24 31 0004 PIN 34 32 24 31 0013
PIN 34 32 24 31 0009
AS MODIFIED ON SEPTEMBER 2, 1986
Tax Increment Financing District No. 1-2
Lot 2, Block 3, Andover Community Shopping Center
AS MODIFIED FEBRUARY 21,1995
This Subsection is amended to include all parcels as illustrated on Exhibit I-D.
AS MODIFIED SEPTEMBER 19,1995
In addition" the City intends to acquire the following property:
34-32-24-31-0012 34-32-24-31-0022 34-32-24-31-0003
34-32-24-42-0006 34-32-24-42-0001 34-32-24-42-0004
34-32-24-42-0005 34-32-24-42-0010 34-32-24-32-0005
34-32-24-32-0006 34-32-24-31-0014 34-32-24-31-0017
34-32-24-31-0018 34-32-24-31-0015 34-32-24-31-0008
34-32-24-31-0016 34-32-24-42-0003 34-32-24-42-0007
34- 3 2- 24-4 2-0002 34-32-24-14-0001 34-32-24-42-0008
34-32-24-42-0009
The City reserves the right to acquire any other property located within Development District No. I.
City of Andover Development Program for Development District No. 1 1.11
SECTION II
TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1
Subsection 2.1. Statement of Objectives. See Section I, Development Program for the
Development District, Subsection 1.4, Statement of Objectives.
Subsection 2.2. Develooment Program. See Section I, Development Program for the Development
District, Subsections 1.2 through 1.12.
Subsection 2.3. Parcels to be Included in Tax Increment Financing District No.1-I. The following
parcels located in the City of Andover, County of Anoka, State of Minnesota:
PIN 34 32 24 33 0001 PIN 34 32 24 42 0007 PIN 34322431 0007
PIN 34 32 24 42 0004 PIN 34 32 24 42 0010 PIN 34 32 24 310011
PIN 34 32 24 42 0002 PIN 34 32 24 32 0005 PIN 33 3224420001
PIN 34 32 24 42 0009 PIN 34 32 24 31 0004 PIN 33 32 24440001
PIN 34 32 24 24 0001 PIN343224310016 PIN 34 32 24 23 0003
PIN 34 32 24 140001 PIN 343224310017 PIN 34322442 0003
PIN 34 32 24 31 0006 PIN 34 32 24 31 0009 PIN 34322441 0001
PIN 34 32 24 31 0008 PIN 33322441 0001 PIN 34 32 24 41 0002
PIN343224310010 PIN 34 32 24 23 0002 PIN 343224410003
PIN 33 322443 0033 PIN 34 3224340001 PIN 34322441 0004
PIN 33 3224440002 PIN 34 32 24 42 0005 PIN 34 32 24 41 0006
PIN 34 32 24 31 0003 PIN 34 3224 42 0008 PIN 34 32 24 24 0002
PIN 34 32 24 42 0006 PIN 34 3224 32 0003 PIN 343224310014
PIN 34 32 24 420001 PIN 34 32 24 31 0005 PIN 34 32 24 310012
PIN 34 32 24 310015
AS MODIFIED ON SEPTEMBER 15,1987
Adding
PIN 34 32 24 32 0004
FURTHER INFORMATION REGARDING THE IDENTIFICATION OF THE PARCELS TO BE
INCLUDED IN TAX INCREMENT FINANCING DISTRICT NO. I-I CAN BE OBTAINED FROM
THE OFFICE OF THE CLERK-TREASURER.
Subsection2.4. Parcels in Acquisition. The City may acquire and reconvey anv of the parcels
identified in Section I, Subsection 1.12 of the Development Program ", Ul;,,;llally adul't,d July 29, 198G
As the City acquires said parcels, the Tax Increment Financing Plan for Tax Increment Financing District
No.1-I will be modified to reflect the acquisitions of said parcels.
The following are conditions under which properties not designated to be acquired may be
acquired at a future date:
(1) The City may acquire property by gift, dedication, condemnation or direct purchase from
willing sellers in order to achieve the objectives of the tax increment financing plan; and
(2) Such acquisitions will be undertaken only when there is assurance of funding to finance the
acquisition and related costs.
City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. }-} 2-1
Subsection 2.5. Development Activitv in the Development District for which Contracts have been
Signed. The following contracts have been entered into by the City and the persons named below:
[Contracts entered into by the City will be inserted in this Subsection as they are consummated.]
Subsection 2.6. Other Specific Development Expected to Occur within the Development District.
[As specified development is expected to occur, it will be inserted in this Subsection.]
Subsection 2.7. Estimated Cost ofProiect. See Subsection 1.5 of the Development Program for
estimated costs associated pith the Development District.
Subsection 2.8. Estimated Amount of Bonded Indebtedness. It is anticipated that $4,810,000 of
bonded indebtedness will be incurred with respect to this portion of the Development District. The
September 1995 Plan Modifications added $16,000,000 to this amount creating a maximum bonded
indebtedness of $20.81 0,000.
This provision does not obligate the Citv to incur debt. The City will issue bonds or incur other
debt onlv upon the determination that such action is in the best interest of the City. The City mav also
finance the activities to be undertaken pursuant to the Plan through loans from funds of the City or to
reimburse the developer on a "pay-as-you-gO" basis for eligible costs paid for bv a developer.
Subsection 2.9. Sources of Revenue. Public improvement costs, acquisition and other costs
outlined in the Estimated Cost of Project (Subsection 2.7 above) will be financed through the annual
collection of tax increments as described below.
The City reserves the right to use other sources of revenue legally applicable to the City and the
Plan, including. but not limited to, special assessments, general propertY taxes. state aid for road
maintenance and construction, proceeds from the sale of land. other contributions from the developer,
other City and/or EDA funds. interfund loans, and investment income. to pay for the estimated public
costs.
Subsection 2.10. Estimated Original and Captured Assessed Values and Estimate of Tax
Increment. The most recent assessed value (the original assessed value) of Tax Increment Financing
District No. I-I is estimated to be $80,560.
The estimated captured assessed value of Tax Increment Financing District No. I-Ion January 1,
1989 is estimated to be $6,836,840.
The 1987 original assessed value of PIN 34 32 24 32 0004, upon its inclusion into Tax Increment
Financing District No. 1-1 as modified September IS, 1987, is $10,512. The future estimated value of
this parcel upon completion of the proposed improvement is estimated to be $2,130,048. The captured
assessed value is estimated to be $2,119,536.
Subsection 2.11 Mill Rate. The mill rate is 102.021.
Subsection 2.12. Tax Increment. Tax increment has been at approximately $697,501 assuming a
static mill rate and a increased by zero percent (0%) compounded annually.
City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. }.} 2-2
Subsection 2.13. Caoitalized Interest. Capitalized interest will cover interest payments on the
Bonds prior to receipt of tax increment to fully fund the principal of and interest on the Bonds.
Subsection 2.14. Investment Interest Rate. Investment Interest is assumed at six percent (6%). This
is the estimated rate at which unspent but obligated funds will earn interest as well as any surplus tax
increment funds within any given year. This rate is contingent upon rates paid on savings and upon
arbitrage considerations.
Subsection 2.15. Type of Tax Increment Financing District. Tax Increment Financing District No.
I-I is, pursuant to Minnesota Statutes Section 273.73, Subdivision 10 a redevelopment district as defined
below:
(2) 70 percent of the parcels in the district are occupied by buildings, streets, utilities or other
improvements and 20 percent of the buildings are structurally substandard and an additional 30
percent of the buildings are found to require substantial renovation or clearance in order to remove
such existing conditions as: inadequate street layout, incompatible uses or land use relationships,
overcrowding of buildings on the land, excessive dwelling unit density, obsolete buildings not
suitable for improvement or conversion, or other identified hazards to the health, safety and
general well being of the community.
Subsection 2.16. Duration of Tax Increment FinancinlJ: District No.1-I. The duration of Tax
Increment Financing District No. 1-1 is expected to be twenty-five (25) years from the receipt of the first
tax increment. The date of receipt of the first tax increment will be July, 1988. The first tax increment
was received bv the City was 1989. The maximum duration of District No. I-I is 2014.
Subsection 2.17. Estimated Impact on Other Taxing Jurisdictions. The estimated impact on other
taxing Jurisdictions assess construction would have occurred without the creation of Tax Increment
Financing District No.1-I. If the construction is a result of tax increment financing, the impact is $0 to
other entities. Notwithstanding the fact that the fiscal impact on the other taxing Jurisdictions is $0 due to
the fact that the financing would not have occurred without the assistance of the City, the following
estimated impact of Tax Increment Financing District No.1-I would be as follows if the "but for" test
was not met:
IMP ACT ON TAX EASE
Original Future Captured District
Assessed Assessed Assessed %of
Entity Tax Base Value Value Value Entity
Andover $ 56,325,20 I 80,560 6,917,400 6,836,840 12.14%
Anoka County 1,202,403,543 80,560 6,917,400 6,836,840 .5%
I.S.D. #11 595,908,940 80,560 6,917,400 6,836,840 1.15%
IMPACT ON MILL RATE
Current Potential Entity
Entity Mill Rate Tax Increment
Andover 14.485 $ 99,032
Anoka County 28.738 196,477
I.S.D. #11 55.740 381,085
Other 3.058 20.907
TOTAL 102.021 $697.501
City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 2-3
The inclusion of PIN 34 32 24 32 0004 into Tax Increment District No.1-I will have minimal
Impact on the other taxing jurisdictions. See Subsection 2.10 above.
The 2000 modifications are not the result of a pending development proiect. Therefore. it is
difficult to accurate Iv estimate the additional tax capacity that mav be captured bv District No. I-I as a
result of the modifications. The following table illustrates the estimated fiscal and economic
implications from $10,000.000 in additional estimated market value. The actual implications will varv
according to the value and the number of development projects.
Taxing Entity 1999/2000 Total Estimated Percent of CTC
Net Tax Capacity Captured Tax to Entity Total
Capacity
Anoka County 166,478,361 338,500 0.20%
I.S.D. No. II 107,286,469 338,500 0.32%
City of Andover 14,722,272 338,500 2.30%
Taxing Entity 1999/2000 Tax Percent of Total Estimated Potential
Extension Rate Captured Tax Taxes
Ca pa city
Anoka County 30.8610% 28.53% 338,500 104,464
LS.D.No.11 51.7920% 47.88% 338,500 175,316
City of Andover 22.7350% 21.02% 338,500 76,958
Other 2.7850% 2.57% 338,500 9,427
108.1730% 100.00% 366,166
Subsection 2.18 Tax Increment Financing Account for Tax Increment Financing District No.
I-I. The tax increments received with respect to payment of principal and interest for bonds issued for
improvements made within Tax Increment Financing District No. I-I will be segregated by the City in a
special account or accounts (the "Tax Increment Account") on its official books and records or as
otherwise established by resolution of the City to be held by a trustee or trustees for the benefit of holders
of the Bonds.
Subsection 2.19. Modification of Tax Increment Financing District No.1-I and/or Tax Increment
Financing Plan. As of July 29, 1986, no modifications to Tax Increment financing District No. I-lor the
Tax Increment Financing Plan therefore have been made.
AS MODIFIED SEPTEMBER 2, 1986.
Pursuant to the adoption of the modification of the Development Program for Development
District No. I, Tax Increment Financing District No. I is hereby modified to reflect an enlargement of the
geographic area and increased project costs of Development District No. I as outlined in Section I,
Subsections 1.11 and 1.5, respectively, of the Development Program and is redesignated as Tax
Increment Financing District No. I-I.
City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-4
AS MODIFIED SEPTEMBER 15,1987.
Pursuant to the adoption of the modification of the Development Program for Development
District No. I, Tax Increment Financing District No. 1-1 is hereby modified to reflect an enlargement of
the geographic area of Tax Increment Financing District No.I-1 and Development District No.1 as
outlined in Section I, Subsection 1.11 of the Development Program.
AS MODIFIED FEBRUARY 21,1995
Pursuant to the adoption of the modification of the Development Program for Development
District No. I, Tax Increment Financing District No. 1-1 is hereby modified to reflect an enlargement of
the geographic area and increased project costs within Development District No. I as outlined in Section
I, Subsections 1.5., 1.11., and 1.12.
AS MODIFIED JUNE 20, 2000
The Development Program for Development District No. I and the Tax Increment Financing
Plan for Tax Increment Financing District No. I-I are modified to authorized increased project costs
(Subsections 1.5 and 2.7), increase the maximum bonded indebtedness (Subsection 2.8) and clarify the
parcels that may be acquired (Subsection 2.4). The 2000 Modifications make technical and clarifying
changes in Subsections J.I, 1.3, 1.8, 1.1 0, 1.12,2.9, 2.16, and 2.17. These modifications do not enlarge
the geographic area of the Development District or the Tax Increment Financing District.
-
City of Andover Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-5
APPENDIX A
BOUNDARY MAPS
DEVELOPMENT DISTRICT NO.1 AND TIF DISTRICT NO. 1-1
. , I I I , . I . , . . . . . I . . I . , . . . . . t . . I . I . . , t , . I . , .. . I . . t
i , : i i : : : : : : ; i : r i : Ii; : ~ ; 1 : ; f; ;: i ; i i ; i , ; I : i i I : i i I ;
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f' ~.-...h '1.1 r\.1 " , . , . .' l-.';~j
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I........ \1Q IIJi .!tf~'~ I~I' '~.7j '. l.d~r.tr-i
::=. P.l/1"'1 ~ I I ul~ . -.. "'-!lJl : \ ,: . '8 ~ ~ T ,~",'=::.
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.,- I ' '1 1-""::: ., ~~"-~.. . ':,,-"
.::.: _: I. ...1 .": Tax Increment !~ . " ,"
.~:; ~~~"2i<'.t~ \ ";. Financing . .D. ~ ----
:. .1I~: :: : :: .;. n "-1\ -;:: .' - . . 'a. ~ ':1b4
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L . .. . I' . r.''''V,^. P- I ' ('<l:
, "'-". .:,~: \~ . . :;(:~.. -'---,.. ~ 11-1
: jO' 4':'. .c~. 'l#1W:,-: : ~ /i i I : I-:r-' 1 I tli ~ "i':lC
::-= .~~.'; I'~~l\' '~.';.I: -~~i . ;-; ~ ; n__ '\ .~T n.I-Yfi.~ ,r,,> ~
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:= I-,-,-.,JI-' . ;:1. iii'''''' , '. +.. ','n_ ".: .~~,...., ~. . 1-
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.::: /. .%.1 .- : ~L'oJ. ,j,J,'.\....'j'.a n.;. .".'" K\^ . . P'<".,",- w> .~.-I
..._ ..vI (.~ l.:.!..l'...: _t':' :J...2.:L.'--. . ~,., ,,",.( ,_,', ~ It'
.._ . '[~'~''/.;:-(~ . . 0 I
._ . ~ ""\I~[t ~
::: ''f ~. '9\.:' .J:.i-... Cl &- I
~~ . ~ Development District ~>> ~ ~ L. I
::= No.1 0 111110
~~ >-
__ I
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fHull
._' ~ U 111"11
Jilin,
111111/
CITY OF ANDOVER
REQUEST FORCOUNCILACTION
DATE: ..I~ 20, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
Richard Fursnan
ITEM NO.
I::J. ~ noka County Sheriff Monthly Report
BACKGPOTTNTl:
A representative from the Anoka County Sheriffs Department will be present to provide the Council
and the citizens of Andover an update on happenings around the City.
,
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion
Finance
Jim Dickinson
ITEM NO.
g:resentation of 1999 Audit Report/Kern, DeWinter, Viere, Ltd.
BACKGROUND:
Jennifer Thienes, a Partner with the City's Auditor, Kern, DeWinter, Viere, Ltd. will provide a
presentation to the City Council related to the Audited Financial Statements as of December 31, 1999
and the corresponding Management Letter.
Included in each Councilmember's packet is an Audited Financial Statement as of December 31,
1999 and the Management Letter. Please bring your copy to the Council Meeting as that will be
the basis of Ms. Thienes' presentation.
,
REOUEST:
The Andover City Council is requested to receive the Audited Financial Statements as of December
31, 1999 and the corresponding Management Letter.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
/ DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Presentation! Anoka Ice Arena Jeff Johnson, Zoning Administrator
Request to Amend Gambling Ordinance
~.
Mr. Fred Hamacher will be present this evening to discuss the possibility of operating a
charitable gambling operation in the City. The proceeds would be used to help cover the
financial and operating expenses ofthe Anoka Area Ice Arena.
Please read the attached letter and review Ordinance No. 258 - An Ordinance Regulating Lawful
Gambling in the City.
,
I
/
" I I
)
RECEIVED
January 7, 2000 JAN 1 0 2000
/ CITY OF ANDOVER
Andover City Hall
1685 Crosstown Blvd NW
Andover, MN 55304
To: Andover City Council Members & Mayor
C/O: Richard Fursman (City Administrator)
From: Fred Hamacher (24-year resident of Andover, Member of Board of Directors
Anoka Area Ice Arena)
RE: Anoka Area Ice Arena (AAIA)
In July 1997, I made a presentation regarding AAIA services to the youth of Andover and
our financial situation. As you may remember, AAIA is owned by the members of our
association (Andover, Ramsey, and Anoka residents) through a non-profit corporation.
Arena operations and the proceeds from Charitable Gambling operations help cover
financial and operating expenses. Part of my presentation was to ask the council to
consider how they could help with the arena's financial obligations (directly and
indirectly).
As an update, for the 1999/00 year there are 375 Andover youth participating in arena
Boy's and Girls Hockey. This represents 56% of youth served. (We do not have a
current number for figure skating at this time.) We also have a very large number of
indoor soccer youth from the Andover area.
Request:
As an organization we are always looking for opportunities to expand our Gambling
operation sites, because Gambling proceeds help meet a significant portion of our
financial obligations. Therefore as a resident of Andover for many years and watching
development of new businesses including bar and restaurants, it appears there could be
opportunities in Andover to expand our Gambling sites. Accordingly we got a copy of
Andover Ordinance No. 98 regarding Charitable Gambling. After review it appears that
our Gambling Organization would be excluded from operating in Andover. The purpose
of this letter is to ask:
1) Is our interpretation correct regarding our non-qualified status to operate a
Charitable Gambling Operation in Andover?
2) If so, would the council consider changes to the ordinance to allow us to set up a
/ Charitable Gambling Operation?
\
J We feel by allowing us to operate a gambling site in Andover this would allow the
council to indirectly help our arena financial obligations. We also feel this help very
directly helps the youth of Andover served by the association.
Note: We have had help from Anoka via land, hook ups, plowing, etc. In Ramsey, we
have a gambling operation plus garbage pickup at arena.
In summary, over half of the youth served by the AAIA are from Andover. Andover has
not had the opportunity to assist in meeting financial obligation of the arena as Anoka
and Ramsey have. We ask consideration for the ability to set up a Charitable Gambling
Operation in Andover when an opportunity arises. This would be a very meaningful way
for Andover to help the arena and the Andover youth served by the Arena.
Questions, requests for other information or response should be directed to:
Fred Hamacher
4755 162nd Lane N.W.
Andover, MN 55304
612-427-7607
Thank you for your consideration of this request.
1~JJ~
Fred Hamacher
Andover Resident
Member of Anoka Area Ice Arena Board
FH/cr
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258
An Ordinance repealing Ordinance No. 98 adopted August 20, 1991 and Ordinance No.
98A adopted February 20, 1996.
AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN THE CITY OF
ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Adootion.
Chapter 349 of the Minn. Stat. is adopted by reference the same as ifit were fully set
forth herein.
Section 2. On!:anizations Eligible for Lawful Gamblin!!: License.
An organization shall not be eligible to conduct lawful gambling in the City and shall not
be eligible to receive a lawful gambling license from the Minnesota Charitable Gambling
Control Board unless the organization meets all of the requirements imposed by State law
and unless the organization meets the following conditions:
1) The organization has at least fifteen (15) members that are residents
of the City of Andover. Such organization must conduct regular
meetings at least montWy and each person must attend not less than
fifty (50) percent of all regularly scheduled meetings and pay dues
annually in order to be considered a member of such organization for
qualification under this ordinance.
2) The physical site for the organization headquarters or the registered
business office of the organization is located within the City and has
been located within the City for at least two (2) years immediately
preceding the application for a license.
3) The physical site where the organization regularly holds its meetings
and conducts its activities, other than lawful gambling and fund
raising, is in the City and has been located within the City for at least
two (2) years immediately preceding application for a license.
Any organization which meets the conditions set forth above, shall certify in writing on
its application which condition or conditions are being met.
1
Section 3. Expenditures for Lawful Purposes.
During any year that an eligible organization is licensed to conduct gambling events, not
less than fifty (50) percent of its lawful purpose expenditures will be for lawful purposes
conducted or located within the City of Andover trade area. The City of Andover trade
area is defined as those areas within the City of Andover and each city contiguous to
Andover.
A semi-annual report of the expenditures for lawful purposes within the trade area shall.
be provided to the City Clerk on or before July 2 and February 2 of each year after the
date of the adoption of this ordinance.
Section 4. Profits.from Gamblin!! Devices.
During any year that an eligible organization is licensed to conduct gambling events, such
organization shall contribute ten (10) percent of the net profits derived from lawful
gambling to a fund administered and regulated by the City, without cost to such fund, for
disbursements by the City of the receipts for lawful purposes.
Section 5. Gamblin!! Tax.
Pursuant to Minn. Stat. 349.213, gambling tax is hereby imposed of one-tenth (1/10)
percent of the gross receipts of each licensed organization from all lawful gambling less
prizes actually paid out by the organization. Such tax shall be imposed and commenced
to accrue as of September I, 1991 and shall be payable at the office of the City Clerk on
October 2, 1991 and on or before July 2 and February 2 of each year thereafter.
Section 6. Records and Reports.
All qualified organizations operating gambling devices in the City shall keep monthly
financial records of same and provide such records to the City Clerk commencing
September 2, 1991 and on or before July 2 and February 2 of each year thereafter.
Section 7. Back!!round Information.
A copy of all applications and reports required by and submitted to the Minnesota
Charitable Gambling Control Board shall also be submitted to the City Clerk within
seven (7) days after they are submitted to said Board.
Section 8. Limitation of Gamblin!! Licenses.
No organization shall be permitted to conduct gambling in more than three (3)
establishments within the City. Only one (1) organization shall be permitted to operate or
I sell lawful gambling devices at an owned or leased establishment.
2
Section 9. Manal!:ement.
All gambling operations must be managed by a bona fide member of the licensed
organization.
Section 10. Disapproval of License.
Nothing contained in this ordinance shall be deemed to limit the City Council's authority
to disapprove a license for lawful gambling.
Section 11. Penaltv.
Any person violating-any of the provisions of this ordinance shall be guilty of a
misdemeanor and shall be punished in accordance to State law.
Adopted by the City Council of the City of Andover on this 4th day ofMav. 1999.
ATTTEST: CITY OF ANDOVER
U~. !U& . t fJJ"Jd
Victoria V olk, City Clerk
3
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas,r
Engineer' g
ITEM NO.
Review Easement Encroachment Agreement!
.5.0-26/15526 Zilla Street NW
The City Council is asked to review, at the request of the property owners, a Hold Harmless
and Easement Encroachment Agreement for Lot 16, Block 2 located in Chesterton Commons,
Project 00-26. The property owners want to build a swimming pool in the back yard. The
underground swimming pool is proposed to encroach into the 100 year flood easement behind
their home. The pool would need to be constructed below the flood elevation so as not to
reduce storage and would be subject to periodic flooding. Without the agreement the owners
would not be able to build the size of pool they want because of the drainage and utility '.
easement that exists.
If the City Council approves the agreement, the agreement should be contingent upon. the
J owners reimbursing the City for staff and attorney fees for reviewing their design, the
agreement and for recording at the County of Anoka.
This agreement is similar to an agreement that was approved in February 1996 for a resident
in Winslow Hills 2nd Addition for construction of.a pool within an existing.drainage and utility
easement.
\ HOLD HARMLESS AGREEMENT
AND EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT, made this day of ,
2000, by and between Edwin L. Kadlec and Nancy A. Kadlec husband and wife,
(hereinafter "Kadlecs"), and the City of Andover, a Minnesota Municipal Corporation
(hereinafter "City").
WHEREAS, Kadlecs are the fee owners of Lot 16, Block 2, Chesterton
Commons, Anoka County, Minnesota, also known as 15526 Zilla Street NW,
Andover, MN; and
WHEREAS, Kadlecs desire to build a swimming pool in the back yard of said
property; and
WHEREAS, a ponding and drainage easement has been dedicated to the
City of Andover in the plat of Chesterton Commons; and
WHEREAS, Kadlecs desire to construct the swimming pool partially onto said
ponding and drainage easement;
I WHEREAS, the City is willing to acknowledge and agree to an encroachment
of 23.5 feet for said swimming pool assuming certain conditions are met;
WHEREAS, the Kadlecs will need to submit a grading plan to the Building
Department for approval to ensure that the 100 year flood elevation or storage
requirements will not change;
WHEREAS, the property owner is aware the area is subject to flooding and
acknowledges that additional expense, maintenance and repair may result from
periodic flooding of this area;
NOW, THEREFORE, in consideration of the foregoing and the City's consent
and approval to the encroachment of a swimming pool and related improvements
onto the drainage and ponding easement of Lot 16, Block 2, Chesterton Commons,
Anoka County, Minnesota, the Kadlecs hereby agree to hold the City harmless and
indemnify the City from any and all liabilities, and defend against lawsuits, expenses,
damages, acts or failures to act, attorney's fees and court costs, which directly result
from any damage Kadlecs, or their successors in interest, may incur as a result of
the City's exercise of its rights within said ponding and drainage easement, and that
the City not be held responsible for any damage to said improvements constructed
on the City's easement caused by the City's right to excavate, maintain, flood or use
\ said ponding and drainage easement, as it deems appropriate.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of ,2000.
CITY OF ANDOVER, a Municipal
Corporation
By:
Its: City Clerk
By:
Its: Mayor
Edwin L. Kadlec
Nancy A. Kadlec
STATE OF MINNESOTA)
) ss.
COUNTY OF )
On this day of , 2000, before me, a notary
public within and for said county, personally appeared
and to me known to be respectively the Clerk and
Mayor of the City of Andover, and who executed the foregoing instrument and
acknowledge that they executed the same on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2000, before me, a notary
public within and for said county, personally appeared Edwin L. Kadlec and Nancy
A. Kadlec, husband and wife.
Notary Public
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JUN-l~-0e 10:42 AM CHIP KADLEC
I~~ Z I {.t,tf t>T fIr.)..." -z., . L, /"1 ST.
Eslablished In 1962 INVOICE
LOT SURVEYS COMPANY. INC.
F .B.NO._
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) LAND SURVEYORS SCALE: .
REGIstERED UNDER THE LAWS or STATE OF MINNESOTA o 0.-\..
7801 '1Srd A....au. Nor~b 812-5110-3093 o Oenol..
Fax No. 6GO-562Z lor .y.~a
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HEDJl.LI Sf IIOMES NOTEs PrOlloMd
^PPROVED STAMPED SURVEY tQ r..tAl
I Property loeat~d. in Section PrOpQ..d
MUST BE ON JOB sin rrm\ be
23. Township 32. Range 24. nm FOOTING fNSPEOION.. buldlng F
Anoka County. Minnesota c.)i:() t/od!nqs
ens cone
. -' - ,.... . "O,",S.PropCl~d
Hote: Rear lot corner grades are
3 fec~ to low per Deveopment plan '-:m:OPOltd
-1JJ.'i . PropOtld
,. Typ. or
IlARflGE FLOOR SH.a.U. Dr MINIMUM 1. ~/Jt.
AlIOVE (l(ISTIIIC SlRHT GR^DE WITH
A1l.ANTIS POOL/ECOWATER M^XIMIlM SlOrE Of 10 {,[RCHtT.
4321 68111 AVE. NOR'lll
BROOKLYN CENTER. MN 55429
763.S60-o10S
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RECEIVED /.s-Zh -=,'/1... s+""..+- NvJ
JUN I 4 2000
City Council Members, CITY OF ANDOVER June 14,2000
This letter is in regards to our property, which is located at 15526 Zilla St NW.
When we moved here this past November from Anoka, we had told our kids we would
find a house that had a yard large enough to have a pool. We are requesting the city to
allow us to install an "in-ground" pool.
Our property is located in a "100 year Flood Zone". We have a 37.5' easement off our
back line leaving us only 17.5' of yard to actually work with. We have tried numerous
design's and placements in our yard to accommodate an above ground pool but to no
avail. The only option we have left would be to install an "in-ground" pool. To do this,
we would need to be in the easement.
We have worked very closely with the Assistant City Engineer and the City Planner in
trying to make this work. In consideration of the foregoing and the City's consent and
approval to the encroachment of an in-ground swimming pool, We would agree to sign a
"Hold Hannless Agreement and Easement Encroachment Agreement".
Thank you for your time in addressing this issue.
Sincerely, . ~
,/? L-
~.?
~Q.f(QdVc
Edwin L. Kadlec
Nancy A. Kadlec
/
/
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 20, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO. 6.
Approve Revisions to the David L. Carlberg
Preliminary Plat & Development Community Development Director
Standards - PUD of Grey Oaks
The City Council is requested to approve the revisions to the preliminary plat and the
development standards of the Planned Unit Development of Grey Oaks. The revisions
have been made since the March 2, 1999, City Council conditional approval of the
preliminary plat.
Revisions to Preliminary Plat
Parking
The March 2, 1999, conditionally approved preliminary indicated parking of 1.6 spaces
per unit for the two, 65 unit buildings and the six, 30 unit buildings. The developer has
since revised the preliminary plat (Received March 16, 2000) to provide for 2.5 spaces
per unit and the latest submittal (received June 16,2000) before the Council this evening
provides for 2.3 spaces per unit for the "over 55" designated units (Lots 2 & 3, Block 4
and Lots 2,3,4, & 9, Block 5 with the ability to expand the parking to 2.5 spaces per unit
in the future. Council will need to approve this parking change.
Note: the increased parking has had an impact on trails and recreational facilities and
these will be discussed later in this report.
Easement Encroachments
There are areas where the parking lots encroach into the drainage and utility easements
along the street right-of-ways. The solution, with Council approval, is to execute an
"Easement Encroachment Agreement" which has been placed as a separate item later on
the Council agenda this evening.
Green Space Encroachments
There are encroachments of parking and building areas into the 20' green space
requirement. The variance for the encroachments has been added to the Development
Standards. Council will need to reapprove the standards.
Relocation of Buildings
Two units (one building) have been moved from Block 3 to Block 4. Council needs to
approve this change.
Recreational Facilities
The recreational facilities have been relocated and one fountain/gazebo type amenity has
been removed as a result of the additional parking. Also one additional picnic area was
added near the horse shoes and shuffle board area in Block 5. Council will need to
approve the relocations and changes.
Location of Sidewalks
The private sidewalks or trails have been relocated from the common areas into the right-
of-way and are now proposed to be public trails. The City will maintain the trails and the
cost of the construction of the trails will be assessed back to the developer. The Council
will need to review and approve this change if so desired.
Deficiencies in Covenants
Senior Regulation
The developer has submitted covenants the regulate the development as 80% 55 or older.
Lots 5-16, Block 3 are not age restricted. The Council may wish to discuss the
designation.
Commitment to Construct Recreational Facilities
The Development Agreement will have a provision that a Certificate of Occupancy will
not be issued until such time as the recreational facilities are constructed or a proper
escrow as determined by the City is submitted to guarantee the construction of the
recreational facilities.
Association Maintenance Program
Staff had requested a specific maintenance program with adequate funds being collected
by the homeowner's association to insure the parking lots, recreational facilities,
sidewalks or trails, storm sewer etc. would be maintained properly. Ordinance No.8, the
Zoning Ordinance, does regulate and require the maintenance of parking areas. The
recreational features will be left in control of the association. All other public trails and
public utilities can be maintained by the City.
Right-of-wav Encroachments
The covenants have been amended to address the encroachment issue and refer to the
City's encroachment ordinance as the controlling document.
Additional Issues
Lack of Adequate Landscape Plan
Revisions to the Landscape Plan have been submitted. The Council will need to discuss
and approve the "Final Landscape Plan" under a separate item placed later on the agenda.
Development Standards
The Development Standards have been revised and include the requested modifications.
The revised standards can be found in the front of your packets materials. Revisions have
been indicated in BOLD.
Elevation Drawings
The requested colored elevation drawings have been submitted by the developer in the
form of reduced photo reproductions ofthe originals presented to the City Council on
march 2,1999.
, Fence Variance
The fence variance for the height of the tennis court fence has been added to the
Development Standards.
Sign Variance
The variance to allow the developer to make application for a Special Use Permit for the
area Ld. sign at a later date than at the time of preliminary plat approval has been added to
the Development Standards.
Tree Protection Plan
The Tree Protection Plan has been revised and meets the to meet the
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R -00
A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF THE
PLANNED UNIT DEVELOPMENT OF "GREY OAKS" BY CHESTERTON
PARTNERSHIP LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA
COUNTY, MINNESOTA.
WHEREAS, the developer has made significant revisions to the preliminary plat
since the March 2, 1999 Council approval of the preliminary plat; and
WHEREAS, the Andover Review Committee has reviewed the revisions and
forwards them to the City Council for review and approval.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby approves the revised preliminary plat with the following conditions:
, 1. The conditions of Resolution No. 055-99, approving the Special Use Permit for the
Planned Unit Development of Grey Oaks and 056-99, approving the Preliminary Plat
for the Planned Unit Development of Grey Oaks adopted by the City Council on
March 2, 1999, shall be met.
Adopted by the City Council ofthe City of Andover this 20th day of
June ,20~.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
,
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
'i Approve Association Documents David L. Carlberg
,PUD of Grey Oaks Community Development Director
The City Council is requested by Grey Oaks, Inc. to approve the association documents
for the Planned Unit Development of Grey Oaks. The documents have been reviewed by
Bill Hawkins, William G. Hawkins and Associates and are found to be complete. The
association documents can be found in the front of your packet materials.
\
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO.
~\ Approve Final Landscape Plan David L. Carlberg
\ PUD of Grey Oaks Community Development Director
The City Council is requested by Grey Oaks, Inc. to approve the final landscape plan of
the Planned Unit Development of Grey Oaks. The final landscape plan can be found in
the front of your packet materials.
Issues with the Plan Warranting Council Discussion
. ,
I The developer has provided an additional detail of the landscaping plan for the townhome
areas that has been attached to the final landscape plan. The Council may wish to
consider requiring additional landscaping, especially in the townhome areas along the
rear lot lines of Lots 1-8, Block 3 and Lots 4-27, Block 4.
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
Approve Final Plat Community Development Director
i. Grey Oaks
. Grey Oaks, Inc.
The City Council is requested to approve the resolution approving the final plat of the Planned
Unit Development of Grey Oaks. The final plat is found to be in compliance with the
preliminary plat. It is recommended that the final plat be approved subject to the stipulations
and conditions listed on the attached resolution. A copy of the final plat can be found in the
front of your packet materials.
\
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT
DEVELOPMENT OF GREY OAKS AS BEING DEVELOPED BY GREY OAKS,
INC. IN SECTION 22-32-24.
WHEREAS, the City Council approved the revised preliminary plat of the
Planned Unit Development of Grev Oaks; and
WHEREAS, the Developer has presented the final plat of Grev Oaks.
WHEREAS, the City Engineer has reviewed such plat for conformance
with the revised preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Grev Oaks contingent upon receipt of
the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation costs as determined
by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
determined by the City Engineer or if the site is completed, a letter from the
I developer's engineer that lots and streets are graded according to the grading plan
submitted and approved by the City.
4. The final plat not be signed by the Mayor and Clerk until there is an executed
Development Contract, escrow paid (15% of the total costs for the improvements for
the property {streets, utilities, etc.}) and a contract for the improvements awarded.
5. Street light costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if necessary.
7. Subject to final review of City Staff for compliance with City Ordinances
8. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers,
DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may
be interested in the site.
9. Park dedication as recommended by the Park and Recreation Commission and
approved by the City Council.
10. Filing of Articles of Incorporation, Bylaws, Declarations and all other association
documents with the Anoka County Recorder.
11. Filing of the Easement Encroachment Agreement with the Anoka County Recorder.
12. The revised development standards approved by the City Council on June 20,2000
shall become the only listing of variances approved on the plat.
Adopted by the City Council of the City of Andover this 20th day of June ,
2000.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
.
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM NO. 10.
Approve Easement Encroachment David L. Carlberg
Agreement - PUD of Grey Oaks Community Development Director
The City Council is requested to approve the attached "Draft" Easement Encroachment
Agreement between the City of Andover and Grey Oaks, Inc. The encroachments as
defined in the agreement are for the parking lot areas. Should the City or an agency
authorized by the City need to work within the easement, any damage or removal of the
parking areas will be at the expense of the property owner (The Grey Oaks Association)
and not the city.
"6/16/"0 11:30 LRW OFFICES 2140 4TH RVE ? 612 '(~~ ~~d~ NU. (::JJ. "'I<>">
DRAFT
HOLD HARMLESS AGREEMENT
AND EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT, made this _ day of ,2000,
by and between the City of Andover (hereinafter .City") and Grey Oales, Inc.
(hereinafter .Oeveloper"l,
WHEREAS, Developer is the fee owner and Developer of that property
contained in the plat of GREY OAKS, Anoka CountY, Minnesota; and
WHEREAS, Developer desires to construct parking lots ;jAd triili, as part of the
construction of the development within the plat; and
WHEREAS. street. drainage and utility easements have been dedicated to the
, City of Andover in the plat of Grey Oaks; and
J
WHEREAS, DEVELOPER desires to construct parking facilities conto
said street, drainage and utility easements at Lots 1 and 2, Block 1, LOI, Block. 2, Lots
2 and 3, Block 4, Lots 2 and 9, Block 5 as more fully described in the plat of GREY
OAKS, Anolc.a County, Minnesota; and
WHEREAS. the City is willing to acknowledge and agree to the encroachment
of the described facilities assuming certain conditions are met.
NOW. THEREFORE, in consideration of the foregoing and the City's consent
and approval to the encroachment of the parking Jilnd'o' t'iil facilities and related
improvements onto the street, drainage and utllitY easements as described herein,
Developer agrees to hold City harmless and indemnify City from any and all liabilities,
and defend against lawsuits. expenses. damages, acts of failures to act, anorney's
I
1
.-. .-.- ...,..,...r- ......~
061'161'00 11:30 LRW OFF ICES 2140 41 H HVt::: -t bl~ .(:J:J l::l~~') I"IU. (:;;0.1. ""'~
DRAFT
fees and court costs. which directly result from any damage Developer, or their
successors in interest, may incur as a result of the City's exercise of its rights within
said drainage and utility easement, and that the City not be held responsible for any
damage to said improvements constructed on the City's easement caused by the
City's right to excavate, flood or use said street. drainage and utility easement, as it
deems appropriate.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of .2000.
CITY OF ANDOVER
By
Its: Mayor
By
Its: City Clerk
GREY OAKS. INC.
By
Its: President
2
.-. ._.- ...--- .-. ~
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I DATE: June 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson,~l
Engineering
ITEM NO.
Accept Supplemental Feasibility Report(98-29 & 00-16)/
ll. Order Plans & Specs/00-16/Grey Oaks (Phase II)
The City Council is requested to approve the resolution accepting the supplemental feasibility
study (Grey Oaks Phase I & Phase II), waiving public hearing, ordering improvement and
directing preparation of plans and specifications for the improvement of Project 00-16 for
sanitary sewer, watermain, street and storm sewer in the area of Grey Oaks (Phase II).
* The updated feasibility report includes an estimated cost for the internal bituminous trail
(previously proposed as a private trail).
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY (GREY
OAKS PHASE I & PHASE 11/98-29 & 00-16), WAIVING PUBLIC HEARING AND
DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
IMPROVEMENT OF PROJECT NO. 00-16 FOR SANITARY SEWER.
WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA -
GREY OAKS (PHASE II)
WHEREAS, the City Council did on the 6th day of March ,2000, order
the preparation of a supplemental feasibility study for the improvement; and
WHEREAS, such supplemental feasibility study was prepared by TKDA
and presented to the Council on the 20th 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 $ 1.087 .508.93
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 $ 1.087.508.93 waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm
of TKDA to prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 165.000 with such payments to be made
prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember . and adopted by the
City Council at a reqular meeting this 20th 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
June 14, 2000
Mr. Scott Erickson
City Engineer
City of Andover
1685 Crosstown Blvd NW
Andover, MN 55304
RE: Proposed Grey Oaks PUD - update (adding of bituminous trails) to the
December 1, 1998 letter requesting city improvements for Grey Oaks.
Dear Mr. Erickson
Grey Oaks, Inc. does hereby petition for improvements by the construction of water
main, sanitary sewer and streets with concrete curb, gutter, and bituminous trails on
public right-of-ways, with the costs of the improvements to be assessed against the
"- benefiting property which is described as:
)
Grey Oaks
Said petition is unanimous and the public hearing may be waived.
We request that an updated feasibility report be prepared as soon as possible. We have
previously enclosed a check for $1,000.00 for the feasibility report expenses. (This
$1,000.00 will be credited toward 15% improvement escrow.)
Sincerely,
~{{,)~~~
Jerry Windschitl, President
Grey Oaks, Inc.
I
JUN-15-2000 10:57 651 292 0083 P.01/07
TKDA TOLTZ. KING. DUVALL. ANDERSON
AND ASSOCIATES. INCO~PO~ATeO
/
ENGINEERS. ARCHITECTS. PLANNERS 1500 PIPER JAFFRAY pVoZA
444 CEDAR STREeT
SAINT PAUl.. MINNESOTA. s.s10M!140
PHONE,65,1292-0<00 FAX,6511292-GOe3
MEMORANDUM
To: Mr. Scott Erickson Reference: Revised Ora.... Oaks
Copies To: Estimated Assessments
Thomas Prew. P.E. r Andover. Minnesota
From: City Proiect 98-29
Date: June 15. 2000 Commission No. 11692-02
Attached is a revised estimated assessment worksheet for this project.
,
., .I This worksheet is for the entire Gray Oaks Project. I have updated it to add 4500 feet of
bituminous trail. I also deleted the raw water watermain.
I did not change the estimated lift station cost.
Please call me at (651) 292-4463 if you have any questions.
ldp
Post-lt" Fax Note 7671 Oata
To $c.o-r1 ~tCI'.;.J
CoJOapl. Co.
Pt>Ono # Phone #
FIlX# Fax.
-- - ------- - - _.-
,
- ,
All Equal Opportunity Employer
JUN 15 '00 11:09 651 292 0083 PAGE. 01 - -
JUN-15-2000 10:57 651 292 0083 P.02/07
Estimated-Andover Special Assessments
Revised 6-15-2000
J
Project Name: Grey Oaks Project No. : ~
Feasibility Report Date: July 6, 1999 Amount: $ 838,355.10
Rev 6-15-2000
Contract Award Date: Amount:
Final Contract Sanitary Sewer $ 230,131.00
Watermain $ 150,084.00
Storm Sewer $ 189,784.10
Streets $ 219,884.50
Trail $ 48,471.50
Amount: $ 838,355.10
Estimated Expenses
Engineering: $ 130,000.00
Aerial Mapping (1% of street) $ 2,198.85
Drainage Plan (0.3% of street/storm) $ 1,229.01
Administration (3%) $ 25,150.65
Assessing (1 %) $ 8,383.55
, / I Bonding (0.5%) $ 4,191.78
Legal & Easement $ 5,000.00
Advertising $ 500.00
City Costs (includes inspection) $ 50,000.00
Street Signs $ 3.500.00
Testing $ 4,000.00
Construction Interest $ 15,000.00
Total Estimated Expenses $ 249,153.83
Expenses Multiplyer 29.7194%
Estimated Project Cost Amount: $ 1,087,508.93
,
. J
7 11692
JUN 15 '00 11:09 651 292 0083 PAGE. 02
JUN-15-2000 10:57 651 292 0083 P.03/07
\ Trunk Source and Storage
./
Connection Charge . 301 EA $ 1,375.00 $ 413,875.00
Watermain:
Area Charge 36.2 AC $ 1,195.00 $ 43,259.00
Lateral Charge o LF $ - $ -
San. Sewer: Connection Charge 301 EA $ 312.00 $ 93,912.00
Area Charge 36.2 AC $ 1,145.00 $ 41,449.00
Lateral Charge o LF $ - $ -
Storm Sewer: Area Charge o AC $ - $ -
Total Trunk Source and Storage $ 592,495.00
Other Costs
Seal Coating 17,500 SY $ 1.00 $ 17,500.00
Lift Station $ 117,475.00
City Cost: Bike Trail $ (4,047.65)
City Cost: Trunk Sanitary Sewer $ (73,991.93)
City Cost: Trunk Water $ (12,323.34)
\
, ,
Total Amount to be Assessed $ 1,724,616.01
Assessment Rate per SAC Unit
$ 1,724,616.01 == $ 5,729.62 per SAC Unit
301
. Note additional non-residential water connection
charges may apply to the commercial buildings.
These charges are to be determined at the time the building permit is applied for.
\
, /
8 ' , 692
JUN 15 '00 11:09 651 292 0083 PAGE. 03
JUN-15-2000 10:57 651 2'32 0083 P.l::l4/l:j.(
" Assessment Rate Calculations
I
1 Sanitary Sewer
Final Construction Cost $ 230,131.00
Less City Cost $ (57,040.00)
Total Cost $ 173.091.00
Plus Expenses 29.7194% $ 224.532.55
Assessable Sanitary Sewer Cost
$ 224,532.55 = $ 745.96 per SAC Unit
301
2 Watermaln
Final Construction Cost $ 150,084.00
Less City Cost $ (9,500.00)
'. Total Cost $ 140,584.00
/ Plus Expenses 29.7194% $ 182,364.68
Assessable Watermain Cost
$ 182,364.68 = $ 605.86 per SAC Unit
301
3 Storm Sewer
Final Construction Cost $ 189,784.10
Less City Cost $ .
Total Cost $ 189,784.10
Plus Expenses 29.7194% $ 246,186.73
Assessable Storm Sewer Cost
$ 246,186.73 = $ 817.90 per SAC Unit
, 301
J
9 11692
JUN 15 '00 11:09 651 2'32 0083 PAGE. 04
JUN-15-2121121121 1121:57 651 292 12112183 P.12I5/1217
'\ 4 Streets
/
Final Construction Cost $ 219,884.50
Less City Cost $ -
Total Cost $ 219,884.50
Plus Expenses 29.7194% $ 285,232.78
Assessable Street Cost
$ 285,232.78 = $ 947.62 per SAC Unit
301
5 Seal Coating
Future Seal Coat Cost $ 17,500.00
Assessable Seal Coating Cost
'\
/ $ 17,500.00 = $ 58.14 per SAC Unit
301
6 Trunk Watermain Area
Total Area Charge $ 43,259.00
Assessable Watermain Area Cost
$ 43,259.00 = $ 143.72 per SAC Unit
301
'\
/
10 11692
JUN 15 '121121 11:1219 651 292 12112183 PAGE. 1215
JUN-15-2000 10:58 551 292 0083 P.05/07
7 Trunk Sewer Area
"-
/ J
Final Area Charge $ 41,449.00
Assessable Sewer Area Cost
$ 41,449.00 = $ 137.70 per SAC Unit
301
8 Bike Trail
Final Construction Cost $ 48,471.50
Less City Cost $ (4,047.65)
Total Cost $ 44,423.85
Plus Expenses 29.7194% $ 57,626.34
Assessable Bike Trail Cost
"-
, / $ 57,626.34 = $ 191.45 per SAC Unit
301
9 Lift Station
Grey Oaks share of lift station cost: $ 117,475.00
Assessable lift Station Cost
$ 117,475.00 = $ 390.28 per SAC Unit
301
"-
/
" 11692
JUN 15 '00 11:09 651 292 0083 PAGE. 06
JUN-15-2000 10:58 651 292 0083 P.07/07
, /
Assessment Summary
1 Sanitary Sewer $ 745.96
2 Watermain $ 605.86
3 Storm Sewer $ 817.90
4 Streets $ 947.62
5 Seal Coating $ 58.14
6 Trunk Watermain Area $ 143.72
7 Trunk Sanitary Sewer Area $ 137.70
8 Bike Trail $ 191 .45
9 lift Station $ 390.28
Watermain Connection .
10 $ 1,375.00
11 Sewer Connection $ 312.00
Assessment Rate per SAC Unit $ 5,725.62
. Note additional non-residential water connection
, charges may apply to the commercial buildings.
, / These charges are to be determined at the time the building permit is applied for.
"
/
12 11692
TOTAL P.07
JUN 15 '00 11:10 651 292 0083 PAGE. 07
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson,~1..
Engineering
ITEM NO.
Approve Plans & Specs/00-16/Grey Oaks (Phase II)
l~,
The City Council is requested to approve the resolution approving plans and specifications and
ordering advertisement for bids for Project 00-16, Grey Oaks (Phase II).
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-16 ,FOR
GREY OAKS (PHASE I\) .
WHEREAS, pursuant to Resolution No. , adopted by the City
Council on the 20th day of June ,2000, TKDA has prepared final plans
and specifications for Project 00-16 for Grev Oaks (Phase I\) .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of June , 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby direct the City Clerk to seek public bids as required by law, with such bids to.
be opened at 10:00 AM, Julv 25, 2000 at the Andover.City Hall.
MOTION seconded by Council member . and adopted by the
City Council at a reqular meeting this 20th 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
~ (5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson~~
Engineering
ITEM NO.
13. Award Bid/98-29/Grey Oaks
The City Council is requested to approve the resolution awarding contract to Volk Sewer &
Water in the amount of $360,722.96 for Project 98-29, Grey Oaks.
The bids received are as follows:
Contractor Bid Amount
Volk Sewer & Water $360,722.96
Inland Utility $368,676.20
Latour Construction $384,853.14
Richard Knutson, Inc. $385,598.71
Kober Excavating $388,703.20
Elk River Concrete $399,757.48
Barbarossa and Sons, Inc. $404,055.65 .
Northdale Construction $405,089.87
WB Miller, Inc. $405,339.98
Hydrocon $437,898.15
Burschville Construction $443,284.80
Engineer's Estimate $359,691.70
Volk Sewer & Water has successfully performed other projects for the City.
* The award would be made contingent upon all development issues being properly resolved
and filed.
** If the City Council chooses to wait until all issues are resolved and/or filed, this item would
be included on the July 5th City Council agenda for award.
CITY OF ANDOVER
" COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF
PROJECT NO. 98-29, GREY OAKS FOR SANITARY SEWER. WATERMAIN,
STREETS AND STORM SEWER.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 188-99 , dated Auqust 17 , 1999, bids were received, opened
and tabulated according to law with results as follows:
Volk Sewer & Water $360,722.96
Inland Utility $368,676.20
Latour Construction $384,853.14
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate Volk Sewer & Water
as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with Volk Sewer &Water in the amount of
$360.722.96 for construction of the improvements; and direct the City Clerk to
return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the contract
has been executed and bond requirements met.
MOTION seconded by Councilmember and adopted by the
City Council at a reQular meeting this 20th 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
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas, ~
Engineering
ITEM NO.
Discuss No Parking at Green Acres Park
14.
The City Council is requested to discuss no parking at Green Acres Park at the request of
Carroll Abbott, a resident who lives near the park.
The Park and Recreation Commission discussed this in July of 1998. Copies of the meeting
minutes were forwarded to the City Council in August 1998 and no action was taken at that
time (meeting minutes of August 4, 1998 are attached for your review).
Staff met with Mr. Abbott and discussed his concerns last Friday morning.
If the City Council wishes to approve no parking along a section of street a resolution is
\ attached for your consideration. . --
/
Staff is recommending no parking on the east side of Heather Street NW between Ivywood
Street NW and 142nd Avenue NW between the months of April 1 to July 31.
, J
CITY OF ANDOVER
COUNTY OF ANOKA . .
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DESIGNATING NO PARKING FROM THE MONTH OF APRIL 1
TO JULY 31 ALONG THE EAST SIDE OF HEATHER STREET NW BETWEEN
IVYWOOD STREET NW AND 142ND AVENUE 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 on the east side of Heather Street NW between Ivywood Street NW
and 142nd Avenue NW be designated no parking from the months of April 1 to July
31.
/
Adopted by the City Council of the City of Andover this 20th day of June ,
2000.
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
/
/ . .
\,
/ Regular Andover City Council Meeting
Minutes - August 4, 1998
Page 3
(Consent Agenda, Continued)
Item 24 Update of Agreements/IP97-43/Hills of Bunker Lake Trail
:>Item 25 Update of No Parking/Green Acres Park
Item 26 Approve Sale of All Used City EquipmentlVehicle, Old Office Equipment,
Etc.
Item 27 Approve Final Payment/IP97-14 and IP96-27/Prairie Road/Bunker Lake
Boulevard and Oak View Middle School Trail/Hanson Boulevard (Resolution
R155-98)
Item 28 Approve Kennel License Renewal (Blue Collar St. Bernards)
Motion by Knight, Seconded by Dehn, to approve the Consent Agenda. Motion carried
unanimously.
APPROVAL OF MINUTES
July 21, 1998, Regular A-feeting: Correct as written.
July 21, 1998, Special Meeting: Correct as written.
Motion by Knight. Seconded by Kunza. for approval. Motion carried on a 4- Yes, I-Present (Dehn)
vote.
PUBLIC HEARING: IP98-11/JAY STREET NW/CONTlNUED
7:47 p.m. Mr. Erickson reviewed the concern of the Council at the July 21 meeting over the amount
of assessments against the properties along Jay Street. The percentage of cost being assessed was
based on the same policy used in the Bunker Lake Boulevard Service Road project in 1994. In
researching the logic for the modified assessment, he could fmd no policy; but it appears the
assessments may have been structured to facilitate the redevelopment of the area as it was a City-
initiated project. Mr. Erickson stated if the assessment philosophy for this area has changed since
then, it would be necessary to restructure the assessment and modify the feasibility report for this
project. A separate hearing would then need to be held for the modified assessments. He reviewed
three options for the Council as outlined in the agenda material.
Councilmember Orttel felt the City needs to be very cautious about reducing the assessment in this
area. Ifit is done here, why shouldn't it be done for everyone else as well? He recommended going
ahead with the Jay Street project for the street and storm sewer portion of the assessment as proposed
but order an amended feasibility report for the watermain and sanitary sewer portions, holding a new
public hearing for those portions of the project. Mr. Erickson stated that way the project will stay
on track for fall construction. The other Councilmembers also agreed with Option 3.
Mayor McKelvey opened the hearing for public testimony. There was none.
ITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: AUQust 4. 1998
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item #
Todd Haas,
ITEM NO. Engineering
Update of No Parking/Green Acres Park
,J
This is an update item for the City Council.
The Park and Recreation Commission at their July 16, 1998 meeting discussed the issue of
"No Parking" along one side of the street at Green Acres Park. After their discussion of the
item, it is recommended that the City Council take no action on this.
Attached are the meeting minutes of the Park and Recreation Commission.
Note: If you recall, Carrol Abbott, resident of the City, requested the City consider no parking
on one side of the street earlier this year at a City Council meeting under resident
forum.
. . ''-.
-....
J Regular Andover Park and Recreation Commission lvleeting
Minutes - July 16. 1998
Page 2
(Langfeld's Oakridge Estates/Park Dedication, Continued)
Mr. Langfeld - had a copy of the county assessor's appraisal of the land at $39,000 for the entire
parcel, which is about half of what the City's appraiser had estimated. He hoped to be able to
negotiate an amount somewhere between the two appraisals. He is also having problems getting a
house on the one lot because the water level is so high.
(Commissioner Barringer arrived at this time, 7:42 p.m.)
Mr. Langfeld stated the land was taken out of Green Acres years ago. It has been his land and he is
developing it because the ta,<:es are so high. Mr. Haas stated Mr. Langfeld had an opportunity to hire
his own appraiser and make an offer to the Park Board. Instead, he requested in writing that the City
do the appraisal. Chairperson Grabowski didn't know what the county assessor uses as a guide, but
it's been his experience that the county assessor's valuations are 70 to 80 percent of the true market
value. Also, he didn't know how or if Green Acres was calculated by the county.
After funher discussion with Mr. Langfeld, the Commission explained they are unable to negotiate
/ on the park dedication. That would have to go to the City Council. It was also noted that this was
one of-the lowest valuations received in many years, probably because of the wetlands. No further
action was taken.
CONSIDER NO PARKING/GREEN ACRES PARK
The Commission discussed the issue of No Parking signs along one side of the street at Green Acres
Park because of the congested parking conditions during ball games. Commissioner Barringer, who
lives in the neighborhood, stated he has not experienced a problem in the five years he's lived there.
He didn't even think games were played at that field this year. For the four to six times a year there
may be games there, he questioned the need for the No Parking signs. The Commission noted 0nly
one complaint has been received. Without any public backing and because of the input from a
Commissioner who lives there, the Commission generally agreed that no signs are needed at this
time.
Motion by Lindahl, Seconded by Anderson, to recommend we take no action on this. Motion carried
unanimously.
-
'I' j' ,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: 1une 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion
Finance
ITEM NO. \6. Jim Dickinson
1999 Budget Carry Forward, Continued
REOUEST:
The City Council is requested to approve a transfer from the General Fund to the Capital Equipment
Reserve Fund in the amount of$370,100 to complete 1999 initiatives as part of the 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 total Budget Carry Forward of
$392,100.
BACKGROUND:
As part of the June 20,2000 Andover City Council meeting Jennifer Thienes, a Partner with the City's
Auditor, Kern, DeWinter, Viere, Ltd. will provide a presentation to the City Council related to the
Audited Financial Statements as of December 31, 1999 and the corresponding Management Letter.
Also attached is what was provided at the June 6, 2000 Council meeting outlining the uses of the
funds.
If there are any detailed questions related to the request please contact me (767-5110) prior to the
meeting so that I can have that data available for presentation at the meeting.
I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
f DATE: lune 06. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Non-Discussion/Consent Item Finance
Jim Dickinson
ITEM NO.
1999 Budget Carry Forward
Request:
The City Council is requested to approve a transfer from the General Fund to the Capital
Equipment Reserve Fund in the amount of $370,100 to complete 1999 initiatives as part of the
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
total 1999 Budget Carry Forward of $392, 100.
Background:
The auditors have completed their audit ofthe City of Andover for the year ended December
31,1999. A representative from Kern, DeW enter, Vi ere, Ltd. Certified Public Accountants will
present the audit at the June 20, 2000 City Council meeting. The financials 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 Statements 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
Ifthere are any questions related to the request please do not hesitate in contacting me.
f
<5J CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: June 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Scott ~ricks.on,~l
Engmeenng
ITEM NO.
Schedule Work SessionlDiscuss Street Light Policy/June 28, 2000
\~.
The City Council has been requested by Willis Langfeld to schedule a work session for June
28, 2000 at 7:00 PM to discuss the City's street light policy. This item will be discussed after
the public hearing regarding snowmobiles.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: lune 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions City Cler~J)J
ITEM NO. 0.0,
Approve Temp. Non-Intox. Liquor
tl. License/Lions Club/Fun Fest
The City Council is requested to approve a temporary non-intoxicating liquor license to the
Andover Lions Club for July 7, 8, and 9, 2000.
Attached is a copy of their application. A certificate of insurance for liquor liability is on file at
City Hall.
j CITY of ANDOVER
Temporary
Non-Intoxicating Liquor License
Application
City of Andover, Minnesota
I hereby make application for a temporary non-intoxicating liquor license.
Applicant's John E. McKelvey
Name:
(First) (Middle) (Last) .
Organization Requesting Andover Lions Club
License:
Type requested: On-Sale Off-Sale
Date(s) of sale of non-intoxicating
liquor: 717.7/8. 7/9
********************************************************"*******************************************************'*
The Andover Li ons Cl iJb has no intention or agreement to
Name of Organization
transfer this license to another person. We agree to waive our constitutional rights against search
and seizure and will freely permit peach officers to inspect our premises and agree to the
forfeiture of the license if found to have violated the provisions of the ordinance providing for the .
granting of the license.
I hereby solemniy swear that the foregoing statements are true and correct to the best of my
knowledge.
---------------------------------------------------------------------------
---------------------------------------------------------------------------
City Council Action: Approved Denied
Date of Action:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk ~.~.
ITEM NO.
l>tmend Pov's Request/Liquor License
I '.
On May 16th the City Council approved an extension of Pov's liquor license for July 7th and 8th
with no liquor being allowed on the ballfields.
Brad Povlitzki has asked that the Council amend this to include being able to serve liquor in a
tent on the ballfields. Attached is a request from Mr. Povlitzki.
\
)
Andover City Council,
Pov's Sports Bar & Grill is requesting permission to extend their liquor
license to their softball fields in conjunction with the Andover Day's celebration
on July 7th and 8th. I will be having a large tent with a band underneath. I
would like to serve liquor out there as well. My softball fields are completely
enclosed by eight foot high plywood fencing. Liquor control requirements state
the area must be enclosed to extend your liquor license outside of your building.
Outside during that weekend there will be security personnel, waitresses,
bartenders, and management. Thank you for your time and consideration.
Sincerely,
, (;~/ 0
X It~_~--
Brad Povlitzki
Pov's Sports Bar
,
/ /
I
)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
J
DATE: lune 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk O. ~ .
ITEM NO.
Exemption to Noise Ordinance! Andover
Family Fun Fest
n.
The City Council is requested to approve an exemption to the noise ordinance for the
Andover Family Fun Fest. On Friday, July 7, 2000 a DJ will be playing music outdoors for a
family dance from 7:00 - 11:00 pm and on Saturday, July 8th, a band will play from 8:00 pm to
midnight.
The City's noise ordinance only permits such activity until 10:00 pm. If Council wishes, the
/ surrounding neighbors will be notified by mail of the activity.
/
~ CITY OF ANDOVER
REOUEST FOR COUNCil ACTION
,
/ DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Approve Resolution Establishing Speed Limit in Section 15
c9D.
The City Council is requested to approve the resolution declaring certain streets within the
south half of Section 15, Township 32, Range 24 within the City of Andover to be an urban
district and establishing a 30 MPH speed limit thereon on the following segments of streets
which include certain streets in the development known as North Valley Ridge.
1. Uplander Street NW between 158th Avenue NW (located in North Valley Ridge) and 161s1
Avenue NW.
2. Swallow Street NW between 159th Avenue NW (located in North Valley Ridge) and 161st
Avenue NW.
3. 158th Avenue NW (located in North Valley Ridge) between Uplander Street NW to the end
of the cul-de-sac just east of Swallow Street NW.
/ 4. Quinn Street NW between 159th Lane NW and 161st Avenue NW.
5. 159th Lane NW between Swallow Street NW and Nightingale Street NW
Note: This process was used in Andover Boulevard just recently which declared this area an
urban district which is defined by density of homes at intervals of less than 100 feet for
a quarter of a mile.
Attached is the language that was from the State Statute to define an urban district.
CITY OF ANDOVER
COUNTY OF ANOKA
, STATE OF MINNESOTA
/
RES. NO.
A RESOLUTION DECLARING CERTAIN STREETS WITHIN THE SOUTH HALF 0 F
SECTION 15, TOWNSHIP 32, RANGE 24 WITHIN THE CITY OF ANDOVER TO BE AN
URBAN DISTRICT AND ESTABLISHING A 30 MPH SPEED LIMIT THEREON ON THE
FOLLOWING SEGMENTS OF STREETS WHICH INCLUDE CERTAIN STREETS IN
THE DEVELOPMENT KNOWN AS NORTH VALLEY RIDGE.
1. Uplander Street NW between 158th Avenue NW (located in North Valley Ridge) and
161st Avenue NW.
2. Swallow Street NW between 159th Avenue NW (located in North Valley Ridge) and
161st Avenue NW.
3. 158th Avenue NW (located in North Valley Ridge) between Uplander Street NW to the
end of the cul-de-sac just east of Swallow Street NW.
4. Quinn Street NW between 159th Lane NW and 161st Avenue NW.
5. 159th Lane NW between Swallow Street NW and Nightingale Street NW
WHEREAS, the City Council is the governing body of the City of Andover,
Minnesota; and
WHEREAS, Minnesota Statute 169.14 subd. 5b provides that the governing body
/ of a city may by resolution declare any segment of a city street of at least one quarter
mile in distance on which a speed limit in excess of 30 MPH has been established
pursuant to an engineering and traffic study conducted by the Commissioner of
Transportation an "urban district" as defined by Minnesota Statute 169.01, subd. 59; and
WHEREAS, Minnesota Statute 169.14, subd. 5b also provides that the governing
body may establish on such segment of City street the speed limit for urban districts as
prescribed in Minnesota Statutes 169.14, subd. 2; and
WHEREAS, Andover Engineering Department has determined that certain street
segments in the south half of Section 15-32-24 meets the definition "urban district" as
defined in Minnesota Statute 169.01, subd. 59 in that such segment is in excess of one
quarter mile in distance and the area contiguous thereto is built up with structures
devoted to business, industry or dwelling houses situated at intervals of less than 100
feet; and
WHEREAS, the City Council finds that in the interest of public safety such certain
street segment in Section 15-32-24 should be declared an "urban district" and that a
speed limit of 30 MPH should be established.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that certain street segments in Section 15-32-24 in the City of Andover be
/ declared an "urban district" as defined by Minnesota Statute 169.01, subd. 59.
BE IT FURTHER RESOLVED that a speed limit of 30 MPH as prescribed for
urban districts in Minnesota Statue 169.14, subd. 2 be established for such certain street
segments in Section 15-32-24.
BE IT FURTHER ESOLVED that the City Engineer be authorized and directed to
erect appropriate signs evidencing the intent of this resolution.
I BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
Commissioner of Transportation at least ten days prior to the erection of such signs.
Adopted by the City Council of Andover, Minnesota this 20th day of June , 2000.
CITY OF ANDOVER
A nEST:
J.E. McKelvey - Mayor
-
Victoria Volk - City Clerk
,
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te law (M.S. 169.14, Subd. 2) sets speed 1. Enforcing the speed limits establis ed "'\ .
y law......
~ ts generally applicable on highways, streets, or by the commissioner of transportati rmer-
Iy, cities were inclined to adopt a loc or inance .
. d alleys but also permits variations in those
~peed limits in accordance with physical factors consistent with the state law in order t b. able to
". and traffic considerations.' These variations are keep fines collected for violations an o use a
j: made by the state commissioner of transportation simpler procedure in prosecutions, but because of
~r upon the basis of engineering and traffic surveys. court decisions and statutory changes, a local
There is, however, a general prohibition in the law ordinance is now of little value for this purpose.
against 'driving at a speed greater than is reasonable
under the conditions then existing. .(M.s. 169.01.) . 2. Requesting the commissioner of transporta-
This rule applies both to state trunk highways and tion to zone particular streets or parts of streets at
to other streets of the city as well as roads in speeds different from the speed limit otherwise in
the country and means that when hazardous force.
conditions exist, it may be unlawful to go as fast as
permitted in a particular place under optimum 3. Establishing lower limits in public or non-
conditions. public school zones. The council may establish
such school speed limits on the basis of an engi-
When the speed limit on any street or highway neering and traffic investigation as prescribed by
has not been changed by the commissioner of the commissioner of transportation (not neces-
transportation, the limit in urban districtS Is 30 sarily conducted by the department). The commis-
miles per hour and elsewhere it is 55 miles per sioner's consent is required for such a school speed
hour.1 (An "urban district" is defined as territory limit on a trunk highway but not on local streets.
contiguous to and including any street which is School speed limits are in effect when children
built up with structures devoted to business, are present, going to or leaving school during
industry, or dwelling houses situated at intervals of opening or closing hours or recess periods. A
less than 100 feet for a distance of a quarter mile school speed limit may not be lower than 15 miles
or more. M.s. 169.01, Subd. 59.) The speed per hour and must be within 20 miles per hour of
- limit on streets or highways may not be raised or the established speed limit on the street if that
lowered by local ordinance, but a city may ask the limit is 40 miles per hour or above. Signs must be
commissioner of transportation to do so. This posted by the city (by the commissioner of trans-
request may be in the form of a resolution directed portation on trunk' highways) to designate the
to the commissioner listing those streets or parts of speed and show the beginning and end of the .~
streets which the council believes should be zoned reduced speed zone. A school zone consists of1.flaf .
and posted for lower (or higher) speeds. The streets section of a street which abuts the grounds of a
may be either in urban districts or in other areas school where children have access to the street
within the city. If the request is given favorable from the school property or where an established
consideration, the commissioner will take action to school crossing is located, but the school advance
increase or lower the limit. Of course, the neces- sign prescribed by the commissioner in the manual
sary signs giving the new zoned speed must be of uniform traffic control devices must be in place.
posted. On trunk highways, both' within and (M.S. 169.14, Subd. Sa.)
without city limits, the commissIoner of trans-
portation may at his discretion establish speed The law distinguishes between maximum and
zones without any action by local authorities, or prima facie speed limits. The speed limit on all
even in the face of protests from them. streets within cities whether zoned or not are
maximum and any speed in excess of the limit is
This state control over spe~d throughout the always unlawful. Outside city limits, the commis-
entire state limits municipal power to three pos- sianer of transportation may establish zones in
sibilities: which speed limits are fixed at figures below the 55
1 This is the maximum fixed by the commissioner .of transportation p~;'suant to federal and state law by .
executive order 78 and commissioner order 54539, both dated March 1, 1974, and applies until it is re-
scinded by the commissioner. (M.s. 169.141.) The former unzoned speed limit of 65 miles per hour in the
/ daytime (55 miles per hour at night) remains in statutes (M.S. 169.14, Subd. 2) and will become effective
again when the commissioner's emergency order is rescinded.
. 1 -
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
) DATE: June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ~
Engineering
ITEM NO.
Accept Petition/Order Feasibility ReporU
'62/,00-25/3532 _142nd Avenue NWIWM
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 00-25,
in the area of 3532 - 142nd Avenue 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. 00-25, IN THE AREA OF 3532 - 142nd
AVENUE NW.
WHEREAS, the City Council has received a petition, dated June 5. 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 Citv 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 20th 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
,
/
-.........- .. ----..- ------ -- -
00 - 2~
, )
.' ~-
"
Date / ,1 " ~ ');D00
f
Andover city Engineer
1685 Crosstown aoulevard NW
Andove r , MN 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby petition for improvements of~at~rmain~ sanitary
sewe:- , storm sewer and streets (circle one or more) with the
costs of the improvement to be assessed against my benefitting
property.
Said netition is unanimous and the public hearing may be
'wai ved. We would like to be assessed over a 5 year period.
<>-~d. ""SO .......";ve 0,,",,", r'f,k\s. ~ 0- O--S"'~S ..J.- h . J
Sincerely, .J' >_..... frMev1' -~.
/%~.4 /':/1 ~-.J
.
1-!f:/~r5f /2 7 7. l-/t ~ ~
property Owner / '-i ;) d> p..wve-
Address '3 r 3 ;.. - /J-J ,v 1/\./
City, State, Zip /Jv I)!J V t/2/ M ."'-' ~~~~ 3':'5~J,}...12
phone (Home)
(Work) wl)- Lf}"7 3of8
)
.'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
) DATE: lune 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Finance
Non-Discussion/Consent Jim Dickinson
ITEM NO.
Authorize the Call of Certain Outstanding General Obligation Tax Increment
Bonds, Series 1993B
I~.
REQUEST:
The City Council is requested to approve the attached "Resolution Authorizing the Call of Certain
Outstanding General Obligation Tax Increment Bonds, Series 1993B".
BACKGROUND:
At the March 16,2000 Andover Economic Development Authority meeting, staff was authorized to
initiate the process to prepay General Obligation Tax Increment Bonds, Series 1993B bonds maturing on
/ or after August 1,2001.
The Finance Department has discussed the process with our Financial Advisor and Bond Counsel. The
approval of the attached resolution will get the ball rolling to call the bonds. Also attached is the March
16,2000 Request For Economic Development Authority Action which will provide documentation of
how this request was initiated.
If you have any questions please do not hesitate in contacting me at 767-5110.
J
J
EXTRACT OF MINUTES OF A MEETING OF TIlE
CITY COUNCIL OF TIlE CITY OF
ANDOVER, MINNESOTA
HELD: ,2000
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City
of Andover, Anoka County, Minnesota, was duly held at City Hall on , 2000 at
0' clock _.m. for the purpose, in part, of authorizing the call of certain outstanding General Obligation Tax
Increment Bonds, Series 1993B.
The following members were present:
And the following were absent:
Councilmember introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION AUTHORIZING TIlE CALL OF CERTAIN OUTSTANDING
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B
WHEREAS:
1.01. The City has issued $520,000 General Obligation Tax Increment Bonds, Series 1993B
(the "Series 1993B Bonds") to [mance project costs within Development District No. I and, in connection
with the issuance of the Series 1993B Bonds, established a General Obligation Tax Increment Bonds,
Series 1993B Debt Service Fund (the "Debt Service Fund").
1.02. As of March 10,2000, the cash balance in the Debt Service Fund was $231,850.01 and
the City anticipates an additional $9,379.99 be deposited in the Debt Service Fund by July 31, 2000. The
remaining outstanding balance of principal and interest due on the Series 1993 Bonds is $241,230.00.
Consequently, the balance in the Debt Service Fund will be in excess of the remaining outstanding
principal and interest requirements of the Series 1993B Bonds on August 1,2000.
. 1.03. The Series 1993 Bonds maturing in the years 2001 through 2003, aggregating $165,000
in principal amount, are subject to redemption on August I, 2000, and on any day thereafter, at a price of
par plus accrued interest.
/
)
NOW, THEREFORE, be it resolved by the City of Andover, Minnesota, as follows:
1.01. This Council hereby determines that there exists sufficient money in the Debt Service
Fund established by Resolution No. 161-93 duly adopted by the Council on July 20, 1993, to prepay on
August I, 2000, $165,000 aggregate principal amount of Series 1993 Bonds maturing in the years 2001
through 2003.
1.02. U.S. Bank Trust National Association, in St. Paul, Minnesota (formerly, First Trust
National Association), the bank at which principal and interest are payable, is hereby authorized and
directed to cause the Notice of Redemption attached hereto as Exhibit A to be given in accordance with the
provisions of Resolution No. 161-93.
1.03. No further action shall be required of the Council to complete prepayment of the Series
1993B Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Councilmember
, and upon vote being taken thereon, the following voted in favor thereof:
I and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
Dated: ,2000.
City Clerk
;
STATE OF MINNESOTA)
) ss.
COUNTY OF ANOKA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of
minutes of a meeting of the City Council held on the date therein indicated with the original minutes
thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said
minutes relate to Resolution No.
WITNESS my hand officially this _ day of June, 2000.
City Clerk
,
EXHIBIT A
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B
CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County,
Minnesota, there have been called for redemption and prepayment on
August 1,2000
those outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1993B,
dated August I, 1993, having stated maturity dates in the years 2001 through 2003 and totaling $165,000 in
principal amount. The bonds are being called at a price of par plus accrued interest to August 1, 2000, on
which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for
redemption are requested to present their bonds for payment, at U.S. Bank Trust National Association
(formerly, First Trust National Association), 180 East Fifth Street, 3,d Floor-Bond Drop Window, or ifby
mail, to P.O. Box 64111, in St. Paul, Minnesota 55164-0111, on or before August 1,2000.
Dated: ,2000.
I
BY ORDER OF THE CITY COUNCIL
CITY OF ANDOVER, MINNESOTA
Isl Vicki Volk, Clerk
Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax
identification is not properly certified.
,
/ CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: March 16.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Finance
Discussion Jim Dickinson
ITEM NO.
General Obligation Tax Increment Bonds, Series 1993B
REQUEST:
The Andover Economic Development Authority is requested to authorize staff to initiate the process to
prepay Bonds maturing on or after August 1,2001 for General Obligation Tax Increment Bonds, Series
1993B.
BACKGROUND:
After detailed research of the bond sale resolutions it appears that the resolution for the 1993B Bonds
J has some restrictive language as to the use ofthe increment allocated to that Bond's Debt Service Fund.
Some of the restrictions are:
I. The investment of the dollars deposited into the account cannot be invested at higher yields
than the rate ofthe bonds.
2. The dollars allocated to the Debt Service Fund cannot be reallocated if a surplus of funds is
determined.
The Cash balance for the 1993B GO TIF Bonds Debt Service Fund as of March 10,2000 is $231,850.01
with $241,230.00 of Principal and Interest payments remaining. With the 2000 increment allocation, the
Debt Service Fund will have a Cash balance sufficient to pay off the Bonds.
Section 1.04. Optional Redemption of Resolution 161-93 "A Resolution Awarding The Sale Of
$520,000.00 General Obligation Tax Increment Bonds, Series 1993B; Fixing Their Form and
Specifications; Directing Their Execution and Delivery; and Providing For Their Payment" states that
"The City may elect on August 1, 2000 and on any day thereafter to prepay Bonds maturing on or after
August 1,2001. Redemption may be in whole or in part of the Bonds subject to prepayment. If
redemption is in part, those Bonds remaining unpaid which have the latest maturity will be prepaid
first.... Prepayments will be at a price of par plus accrued interest."
With the limitations placed on the Debt Service Funds I think it would be prudent to prepay the Bonds,
\ and any costs associated with prepayment would be offset by forgoing future paying agent fees and
I
administrative costs.
If you have any questions please do not hesitate in contacting me at 767-5110.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j
DATE: lune 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-discussion/Consent
Finance
Jim Dickinson
ITEM NO.
~~d of Probationary Period / Deanna Connoy
The City Council is requested to acknowledge and concur that Deanna Connoy has successfully
completed her probationary period as of June 13,2000. Deanna has demonstrated that she has the
ability to fulfill her duties as Accounting Clerk and other assignments when called upon. Deana's pay
will be adjusted accordingly.
The Council would hereby approve the recommendation ending the six-month probation of Deanna
Connoy and grant her permanent status.
I
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
J
DATE: lune 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
N on-Discussion/Consent
Finance
ITEM NO. 8Y. Jim Dickinson
Approve the Cancellation of Excess Liability Insurance
REOUEST:
The City Council is requested to approve the cancellation of the "Excess Liability Insurance Policy".
BACKGROUND:
Research memos were provided to the Council as part of the June 6,2000 Council Agenda item
"Excess Liability Insurance Update". Please refer to that documentation.
Currently the City is paying $18,008 for Excess Liability Insurance Coverage which could be an
annual budget savings. Discussions with represenatives of the League ofMn Cities Insurance Trust
, have indicated that less than 20% of Minnesota cities participate in this insurance. The City's tort
liability limit set by state which is a maximum of$300,000 per claimant and $1,000,000 per
occurrence should be adequate.
If there are any detailed questions related to the request or a desire to move to a discussion item,
please contact me (767-5110) prior to the meeting so that I can have that data available for
presentation at the meeting.
\
J
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
/ DATE: June 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson.fv
Engineering
ITEM NO.
Authorize Intersection Study/Bluebird Street NW_150th Lane NW
d6.
The City Council is requested to authorize staff to conduct an intersection study for the
intersection of Bluebird StreeU150th Lane. Stop sign warrants will be checked along with the
evaluation of other possible traffic control measures. The neighbors at this location have
indicated a speeding problem in this area.
1
/
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--
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
, DATE: June 20. 2000
J
AGENDA SECTION ORIGINATING DEPArTMENT
Non-Discussion/Consent Item Scott Erickson,~
Engineering
ITEM NO.
Declare CosUOrder Assessment Roll/
~ 98-11/Jay Street NW
( ~
The City Council is requested to adopt the resolution declaring cost and ordering preparation
of assessment roll for Project 98-11 for the improvement of watermain and sanitary sewer in
the area of Jay Street NW.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN &
SANITARY SEWER, FOR PROJECT 98-11, JAY STREET NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 115,285.56 so that the total cost of the improvement
will be$ 479,026.49
1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover, MN: The portion of the cost of such improvement to be paid by the
City is hereby declared to be $ 431,617.37 the amount to be assessed
against benefited property owners is declared to be $ 47.409.12
2. Assessments shall be payable in equal annual installments extending over a
period of ..1Q... years. The first of the installments to be payable on or before
the 1 st Monday in January 2001 , and shall bear interest at the rate of
L percent per annum from the date of the adoption of the assessment
resolution.
/ 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 20th 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
JUN-16-2000 10:43 651 292 0083 P.02/05
Final-Andover Special Assessments
Project Name: Jay Street Reconstruction Project No. : ~
Feasibility Report Date: July 2, 1998 Amount: $ 1,043,971.00
Contract Award Date: Amount: $ 357,640.50
Final Contract Sanitary Sewer $ 23,720.00
Watermain $ 36,803.50
Storm Sewer $ 58,645.40
Streets $ 244,572.03
Amount: $ 363,740.93
Expenses
Engineering: $ 58,400.00
Aerial Mapping (1% of street) $ 2,445.72
Drainage Plan (0.3% of streeVstorm) $ 909.65
Administration (3%) $ 10,912.23
Assessing (1%) $ 3,637.41
Bonding (0.5%) $ 1,818.70
Legal & Easement $ -
Advertising $ 797.66
I City Costs (includes inspection) $ 33,275.17
Testing $ 2,796.89
Street Signs $ 292.13
Construction Interest $ -
Total Expenses $ 115,285.56
Expenses Multiplyer 31.6944%
Final Project Cost Amount: $ 479,026.49
, ,
1 11608
JUN 16 '00 10:55 651 292 0083 PAGE. 02
JUN-16-2121121121 1121:43 651 292 12112183 P.12I3/1215
Assessment Rate Calculations
}
1 Sanitary Sewer
Final Construction Cost $ 23,720.00
Less City Cost $ -
Total Cost $ 23,720.00
Plus Expenses 31.6944% $ 31,237.92
Benifitted Frontage 1476 FF
Assessable Sanitary Sewer Cost
$ 31,237.92 = $ 21.16 perFF
1476
,
/ 2 Watermain
Final Construction Cost $ 36,803.50
Less City Cost $ -
Total Cost $ 36,803.50
Plus Expenses 31.6944% $ 48,468.15
Benifitted Frontage 1148 FF
Assessable Watermaln Cost
$ 48,468.15 = $ 42.22 per FF
1148
I
2 11608
JUN 16 '00 10:55 651 292 0083 PAGE. 03
JUN-16-2000 10:43 651 292 0083 P.04/05
) 3 Storm Sewer
Final Construction Cost $ 58.645.40
Less City Cost $ -
Total Cost $ 58,645.40
Plus Expenses 31.6944% $ 77,232.72
Assessable Storm Sewer Cost
Included with the street
4 Streets
Final Construction Cost $ 244,572.03
Less City Cost $ -
Total Cost $ 244,572.03
Plus Expenses 31.6944% $ 322,087.71
J
Assessable Street Cost
By City Policy $ 30.00 per FF
X .65Q FF
Assessed Cost $ 19,680.00
J
3 11608
JUN 16 '00 10:55 651 292 0083 PAGE. 04
JUN-16-2000 10:43 651 292 0083 P.05/05
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JUN 16 '00 10:55 651 292 0083 PAGE. 05
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
l
DATE: June 20.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion City Clerk
ITEM NO.
Kennel License Renewal!
d'1t Dover Kennels
The commercial kennel license for Dover Kennels, 16422 Hanson Boulevard NW, will expire
on June 3D, 2000. Attached is an application for renewal. Mr. Bergeron has also paid the
renewal fee.
/
--
, I CITY of ANDOVER
,
.
DOG KENNEL LICENSE RENEWAL
Name 51~,c;2?~ &~I5/UJ/J
/
Address /{, 0- ;J ffi",j.5 /).J ~ t/ ~
,4#dovd'7L /VlJ ~ -5"3.J ~
Telephone Number ~Jtf- 73J&..
Number of Dogs crD
Kennel Name . /JO V~7L.. J(& -dd6L~
f .
Type of Kennel:
Commercial (any place where a person accepts dogs from the general public and
where such animals.
are k~ the purpose of selling, boarding, breeding, training, or
grooming)_ . .
Private (any place where more than three dogs are kept for private enjoyment and
not for monetary gain, provided such animals are owned by the owner or the
lessee ofthe premises on which they are kept) _
************************************************************************
************************************************************************
Fee: Renewal $25.00
Fee Paid: Gdl3 7'.5'
Receipt Number
Council Action: Approved Denied
, .
{ , CITY OF ANDOVER
~
REQUEST FOR COUNCIL ACTION
DATE June 20. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
ADD-ON Scott Erickson~t
Engineering
ITEM NO.
Approve Resolution for Establishing Compliance with
Reimbursement Bonds/Grey Oaks/98-29 & Grey Oaks (Phase 11)/00-16
The City Council is requested to approve the resolution establishing compliance with
reimbursement bond regulations under the internal revenue code. The resolution relates to
the City bonding for public improvement projects. This is a new resolution and procedure we
are required to implement for all bonded improvement projects.
~
, "\
-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENTBOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover; Minnesota adopt.a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition'
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
.
.
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filina. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
. Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Councilmember and adopted by the City Council of the City of
Andover on this 20th day of . June ,2000 . with Councilmembers
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed. .
CITY OF ANDOVER
ATTEST: J. E. McKelvey, Mayor
, ".. '- .. ~
Victoria Volk - City Clerk
;:
,
-
EXHIBIT A
Project Descriptions:
Grey Oaks, Project 98-29
Grey Oaks (Phase II), Project 00-16
Estimated Cost to be: $1.100.000.00
Reimbursed from:
Bond Proceeds:
f
"
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
Ordinance No. 10EE
AN ORDINANCE Alv1ENDING 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
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
Community 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 completed aecording
to City Ordinanees complete. Ifthe plat is found to be incomplete the procedure
.; .
I
I 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,l1Y. the Andover Review
Committee, the Community 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.
SeetieB 9.1Uj.\2 AFells Llleking Munieiplll Sllnitlll1' SeweF Within the UFBlln Sen'iee
.A~Fell. In areas laeking munieipal sanitary sewer within the Metropolitan Urban Sen'ioe
.^.rea, no lot shall be developea fer residential purposes unless it eontains a miniroom of
22,500 square feet of eontiguous land with a minimum width of at least one hUFldred fifty
(150') feet ami a minimum depth sf one hundred fifty (150') feet ana has a froatage of at
least ene hooEked sixty five (HiS') feet at the Imilding setback line. In addition, thero
shall also be t\'/O (2) 5,900 square foot areas aesignated and stakea for the primary and
seconaary en site s6fltie drainfield based on the design eriteria for a f{Jill (1) beareom
home. The designated dminfield as state a above shall eomplj' ...:ith Chapter 7089, as
arnendea. The 10eatioR oftne primary and seeoadary sites shall be indieated on the
preliminary grmling plan and the design speeifieations for the drainfields shall be
submitted ',vith the s$m.ittal of the preliminary plat. Said lot shall be required to have a
minimum fiRished grade of at least sin (6') feet aboye the seasonal high water mark and
/ shall also require the lewest fleer to be a minimum oftlrree (3 ') feet above the seasonal
high water mark, or ORe (1 ') foot abo'ie the designated ()f designed one lumdred year
flood elevatioa, whiehever is higher unless evidence is submitted and eertified by a
geoteoJ:mieal engiFleer that shall be reviewed and eertified by an independent gestecImieal
engineer hired b)' the City at the e)[pense oftll.e cle'/eloper and approved by the City
Counoil that a separation of less than three (3 ') feet ean be achieved and is warranted.
The 13relimiRary plat shall shew a feasible plan for the mtme re subEli':ision by ';:hich lots
may be subdivided iR areas ser:ed by Pliblie ,yater and sanitary se'lt'er 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: . r #k?~
~ tJ..a
J. E. McKelvey, May
\ Victoria V olk, City Clerk
)
I 1 I i I .
TO: Mayor and City Council MAY
FRO~ David Almgren : ; :
RE: :2000 Monthly Building Report
'I ., I
,
BUILDING PERMITS ,
,
I : j I !PermitlPlan ITax Total IValuation
I 'I
47iResidential. 38 SIW 9iSepl $ 84,730.71 I $ 3,328.50 . $ 88,059.21 . $ 6,657,000.00
51Additions $ 2,225.44 : $ 53.00 $ 2,278.44 . $ 106,000.00
5!Garages $ 1,767.57 j $ 35.40 $ 1,802.97 $ 70,800.00
I Remodeling/Finishing' $ -
, ,
31 Commercial Building ,$ 6,944.30 $ 307.70 $ 7,252.00 j $ 609,384.00
1 Pole Bldgs/Barns i $ 119.21 $ 1.40 $ 120.61 ' $ 2,800.00
I , I , I
21Sheds ' . 1$ 132.00 $ 2.30 $ 134.30 , $ 4,600.00
' .
9! Swimming Pools :$ 766.03 $ 15.78 $ 781.81 ,$ 31,563.00
1 i Chimney/Stove/Fireplace : '$ 21.00 $ 0.50 $ 21.50 . $ 500.00
2: Structural Changes : , $ 247.46 $ 4.50 $ 251.96; $ 8,500.00
79 i Porches/Decks' i . $ 8,260.42 $ 130.10 $8,390.52 , $ 259,600.00
1 i Repair Fire Damage I $ 624.75 $ 29.00 $ 653.75 I $ 58,000.00
17! Re-Roof/Siding' . $ 680.00 $ 8.50 $ 688.50
6; Other :$ 4,982.23 $ 155.50 $ 5,137.73 $ 310,570.00
i :
Commercial Plumbing $ -
31 Commercial Heating I $ 973.74 $ 21.19 $ 994.93 $ 42,381.00
2 i Commercial Fire Sprinkler $ 312.68 $ 4.59 $ 317.27 $ 9,180.00
. I
iCommercial Utilities! i $ - 1
: Commercial Grading , $ -
I $ - ;
I
183 i SUBTOTAL . . $ 112,787.54 : $ 4,097.96 $ , $ 8,170,878.00
116,885.50
PERMITS FEES COLLECTED
183 i Building Permits : $112,787.54 $ 4,097.96 $ 116,885.50 .
jAg Building $ -
,Curb Cut $ -
I Demolition , , $
i -
21F' , i$ 30.00 $ 1.00 $ 31.00 '
i ootlng I
1 Renewal ; $ -
I Moving $ -
I
591 Heating $ 1,900.00 $ 29.50 $ 1,929.50 .
321 Gas Fireplaces i $ 1,320.00 $ 16.00 $ 1,336.00
90, Plumbing , . $ 6,284.00 $ 45.00 $ 6,329.00
51 Pumping '$ 153.00 $ 153.00
;
8 Septic New' $ 280.00 I $ 4.00 $ 284.00 '
13 Septic Repair $ 455.00 I $ 6.50 $ 461.50
41 : Sewer Hook-Up. $ 1,025.00 $ 1,025.00
. I $ 2,050.00 $ 2,050.00
411Water Meter :
31 Sewer Change Over $ 153.00 $ 1.50 $ 154.50 ,
3. Water Change Over $ 600.00 $ 1.50 $ 601.50 .
' I $ 451.00 i $ 451.00
411Sac RetainageFee I
41 i Sewer Admin. Fee I $ 615.00 ' $ 615.00 ,
52: Certificate of Occupancy $ 208.00 ' $ 208.00
45: License Verification Fee $ 225.00 $ 225.00
1 i Reinspection Fee $ 42.00 $ 42.00
21 Contractor License $ 525.00 $ 525.00
'Rental License $ -
! Health Authority $ -
I $ -
727' TOTALS . $129,103.54 ! $ 4,202.96 $ 133,306.50
I
20001 I
Total Number of Homes YTD 177
,
'Total Number of Homes YTD 19991 178:
,Total Valuation YTD - I 2000 $ 26,978,450.43 ,
Total Valuation YTD - , 1999: $ 23,415,849.00
Total BUilding Department Income YTD- 2000 $ 418,039.53
Total Buildin De artment Income YTD- 1999 $ 387,755.34
~ CITY OF ANDOVER
REQUEST FOR COUNCIL Ar.TION
DATE: June 20,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Todd Haas, ~
Engineering
ITEM NO.
5. Review Easement Encroachment Agreement!
00-26/15526 Zilla Street NW
"';;r.-:J," . ~~ ~...... '..;:"...... u .....->.._~..
Attached is the 2nd page of the Hold Harmless Agreement & Easement Encroachment
Agreement, which was missing from your Council packet.
,
on the City's easement caused by the City's right to excavate, maintain, flood or use
said ponding and drainage easement, as it deems appropriate.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of ,2000.
CITY OF ANDOVER, a Municipal
Corporation
By:
Its: City Clerk
By:
Its: Mayor
Edwin L. Kadlec
Nancy A. Kadlec
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2000, before me, a notary
public within and for said county, personally appeared
and to me known to be respectively the Clerk and
Mayor of the City of Andover, and who executed the foregoing instrument and
acknowledge that they executed the same on behalf of said City.'
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2000, before me, a notary
public within and for said county, personally appeared Edwin L. Kadlec and Nancy
A. Kadlec, husband and wife.
Notary Public
...
-
-
~I/",
DATE June 20, 2000EYlt €{ N I ~ I
ITEMS GIVEN TO THE CITY COUNCIL ~ ~
. Park & Recreation Minutes - May 18, 2000
. Park & Recreation Minutes - June 1, 2000
. Letter to Jon Olson, Anoka County Highway Dept. _ June 12,2000
. Memo to Captain Larry Klink, Anoka County Sheriffs Dept. _ June 13, 2000
. Main Street Monitor
. MDH Waterline
. Audit Financial Statement
. Grey Oaks Preliminary Plat
. Grey Oaks Association Documents
. Grey Oaks Final Landscape Plan
. Grey Oaks Final Plat
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
.
f
1=01 Hakanson
Anderson 3601 Thurston Avenue, Suite 101, Anoka. MN 55303
~ AssOC., Inc. Phone:763/427-5860 Fax:763/427-0520
RECEIVED
June ~ 6, 2000 JUt~ 1 6 2000
Mr. David L. Carlberg CITY OF ANDOVER
community Development Director
City ot Andover
~685 Crosstown Blvd. NW
Andover, MN 55304-26~2
RE: Design Standards
Grey OaKS PUD
Dear Mr. Carlberg:
Attached is a revised copy of the Design Standards tor the Grey Oaks PUD. We have
shown the revisions that have been made since. the original copy at March 2, 1999 in
bOid print, as you requested. Many itemS, at course, were not revised.
The revisions were made based on requests tram City staff and/or to conform to the
tinal version at the preliminary plat.
It yoU have Questions or comments, please let me KnoW.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
~~~~ .~~
Peter R. RaatiKKa, P .E.
PRR:CK
cc: Jerry Windschitl
Civil & Municipal 25
Engineering
Land Surveyingfor
\\Ha01\Shared Docs\PFI\V A TE\2000\2000\2054.25dC9.dOC
, DESIGN STANDARDS
GREY OAKS PUD
tn mcd" fa< tho front ond sido "tbooks to bo disous"d I ",,00 to oxptain how thoy ,"",0 derenillnod. Whon tho
(ftoy 0,,", pUD wa> pre"ntod it had pnvato streo" ond sorbooks a> wore approvod in tho Shadowbrook ptat.
These were as follows:
24' street width
25' setbacks to the front of the building structures
If this is viewed on a plat it would look like this:
-.-.- ._-
12' \ 12' Center line of street
25' 25
,
\
\ ." . Bldg
Bldg-l
\
, , 25' setback from right of way on
1 't
Both sides
,.,,.s
This woutd givo a "n"" tino of mad to building dist,n" of37' on oooh sido. (t2' Streot Width + 25' so'book).
In dovotoping tho Grey 0,,", PUD, tho city staff oxprossod . wish to tinvo tho ,treo" in (ftcy 0,,", bo pubtic
streo". W 0 mot with city staff ",d wmkcd out a formula th,r would givo pubtic ,treo", but stilt ,]low a similar
building setback as was approved for Shadowbrook. It was calculated as followS:
~ Center line ofstreeL
, I
g' 17' 13' 13' 17' g'
Bldg Bldg
f -t" _ S' setback from right of way on both sides
Thi' woutd givo a conto<i\no oho,", ro building distaUco of 38' ond provido a minimum frnnt sotback nf 8' fmm
city street right of way. (13' street width + IT of blvd. + 8' setback)
Tho dfoot of the abnvo was to givo the O"y Oa" pUD a simil'" sotback a> '"'" appmvod for Stindowbrook.
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I DESIGN STANDARDS
GREY OAKS PUD
Page 2
If aft<< ,,,\owing tho sotbaoks fo' O<oy 0,",' by tho oily oed tho aboY' sorbOOks "" not a"",tabto, we wish to
put tho pnvato sin,," book in to tho ptat ""d uso tho 25' sotbook a> wa> approvod in Shadowbrook.
SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
FRONT YARD SETBACK TO BUILDINGS 40'
Single Family Homes 25+
Town Homes 8+
30 Unit Buildings(short side considered the front) 20+ (Lots 2 & 4, Bl 5)
65 Unit Buildings(short side considered the front) 15'+ (Lots 2 & 3, B14)
Day Care 40'
Office Retail 40'
Convenience Store 40'
SIDE YARD SETBACK TO BUILDINGS 30'
Single Family Homes 5+
Town Homes 6+
30 Unit Building(short side) 20+(Lots 2 & 4, Bl 5)
65 Unit Building(short side) 15+ (Lots 2 & 3, Bl 4)
Day Care 10+
Office Retail 10+
Convenience Store 10+
REAR YARD SETBACK TO BUILDING 30'
Single Family Homes 25+
Town Homes 25' to house
15' to deck
30 Unit Building *
65 Unit Building *
Day Care 40' 40'
Office Retail 40' 40'
Convenience Store 40' 40'
'Notoc S" tho piat fo' tho re'" sotbooks '" oooh building has avo,,! oxtonsivo opon 'l'aoo behind thoro. I did
not know how to calculate these.
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,
DESIGN STANDARDS
GREY OAKS PUD
Page 3
SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
SIDE YARD SETBACK TO BUILDING
From a maior arterial road 50' 50'
From a Street 20' (Lot 2 & 4, Bl 5)
15' (Lot 2 & 3, Bl4) 30'
CONDOSlZES
65 UNIT BUILDING CONDO SIZE (SQ. ft.)
Efficiency 580+ 500+
1 Bedroom 688 700
2 Bedroom 932-1,072 850
30 UNIT BUILDING CONDO SIZE (SQ. ft.)
Efficiency 580+ 500
1 Bedroom 700+ 700
2 Bedroom 932+ 850
BUILDING UNITS (2) 65 Unit Buildings 24 Units per b1dg
(6) 30 Unit Buildings
PARKING Grey Oaks PUD M-2*
65 Unit Buildings
2.0 Parking stalls per unit, with an 2.5 per unit
additional 0.5 stalls per unit shown
on the prel. plat as future parking.
These additional stalls shall be
constructed if needed.
30 Unit Buildings
2.5 Parkin!! stalls per unit 2.5 per unit
*Note: In other sections of the ordinance a parking factor of 1.0 per unit is used for senior housing.
Each building would have one parking space under the building.
USES PERMITTED BY THE SPECIAL USE PERMIT*
USE PER APPROVED PLAT M-2
Convenience Store Granted Not Allowed
Office Retail Granted Not Allowed
Day Care Granted Not Allowed
Twin Homes Town Homes Granted Not Allowed
Single Familv Town Homes Granted Not Allowed
'Uses p,nniltOO by th, ,p,dal u"' ponnit to th' "tont th'y vary from th, und,dying zoning.
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, DESIGN STANDARDS
GREY OAKS PUD
Page 4
OTHER PARKING PROPOSED GREY OAKS PUD M-2 ZONE
Single Family & Twin Double car garage (twin homes) & three car garage (single fam.)
Homes Plus 2 spots on the driveway in front of garage, part of which at
least (12'+) is in the public right of way 2.5 per unit
Stalls S tails
Day Care* Will meet or exceed Ord. final review with site plan approval 30
OfficelRet 1* Will meet or exceed Ord. final review with site plan approval 90
Convenience* Will meet or exceed Ord. final review with site plan annroval 30
GREEN SPACE
Hanson Blvd. NW 5' 20'
155lh Lane NW 5' 20'
Hummingbird St.
NW 5' 20'
156tD Lane NW 5' 20'
Linnet Street NW 10' 20'
HEIGHT
VARIANCE
30 Unit Buildings 40' 35'
65 Unit Buildings 40' 35'
FENCE HEIGHT 12' (tennis court) 6'
SIGN VARIANCE REQUESTED WITH PRELIMINARY PLAT APPROVAL REQUIRED
*The final parking lots at time of site plan review will have encroachments in the green area as detailed
in the approved preliminary plat
LOT STANDARDS
LOT SIZES
LOT WIDTH* LOT DEPTH**
LOT BLOCK PROPOSED REQUIRED PROPOSED REQUIRED
WIDTH WIDTH DEPTH DEPTH
1 2 231.9 150 121 150
1-8 3 38 150 102.6 150
9.10 3 102 150 184 150
11-12 3 38 150 101 150
13-16 3 60 150 130 150
2-3 4 84 150 360+ 150
4-27 4 38 150 101 150
2.4 5 102 150 184 150
5-8 5 38 150 100 150
9 5 107 150 184 150
* Assumes short side
** Assumes long side
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.
RECEIVED
JUN 1 6 2000
CITY OF ANDOVER
DECLARATION OF COVENANTS
FOR
GREY OAKS AT ANDOVER
THIS INSTRUMENT DRAFTED BY:
Leonard, Street and Deinard (JMF)
30 East Seventh Street, Suite 2270
St. Paul, MN 55101
1900072v5
.
COMMON INTEREST COMMUNITY NO. ~
PLANNED COMMUNITY
GREY OAKS AT ANDOVER
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS FOR GREY OAKS AT ANDOVER is
made as of this _ day of 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:
19OOO72v5
ARTICLE I.
DEFINITIONS
The terms and phrases used in this Declaration shall have the meanings ascribed to them
below.
A. Association. "Association" or "Owners Association" means "Grey Oaks at
Andover Owners' Association," a nonprofit corporation organized under Chapter 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 Condominiu!l1 Units.
B. Board. "Board" means the Board of Directors ofthe 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 17, Block 3; Lot I, Block 4; and Lot I, 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 Expenses. "Common Expenses" means expenditures made or liabilities
incurred by or on behalf of the Association together with any allocations for reserves including,
but not limited to, the following: premiums for any and all insurance maintained by the
Association including any deductible or co-insurance amount not covered by insurance; legal and
accounting fees; the unpaid portion of any assessment against a Lot that is acquired pursuant to a
mortgage foreclosure proceeding or a deed in lieu of foreclosure and not required to be paid by
such acquirer; deficits remaining from any prior assessment period; the cost of all fidelity bonds
required by the Board; all costs for the maintenance, operation, alteration, improvement and
replacement of the Common Areas and Limited Common Areas; and any other expenses for the
administration, operation and management of the Association and the Community determined
and assessed by the Board.
F. Communi tv, "Community" means Grey Oaks planned community to be
developed on the Subject Property, portions of which are designated for ownership as Single
Family Lots, Twin Home Lots and Condominium Units (all as identified in attached Exhibit A
and hereinafter defined), and portions of which are to be owned and administered by the
!900072v5 2
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 9 and 10, Block 3; Lots
2 and 3, Block 4; and Lots 2, 3, 4 and 9, Block 5. Each Condominium Unit shall be a separate
parcel of real estate. The Condominium Units shall be governed by one or more Condominium
Associations, and the Association shall act as the master association for all Condominium Units.
Each Condominium Unit shall be delineated on a Condominium Plat to be filed prior to
conveyance of the first Condominium Unit to an Owner other than Declarant.
H. Condominium Association. "Condominium Association" means one or more unit
owners' associations formed or to be formed by Declarant for the purpose of governing the
Condominium Units. Declarant hereby specifically reserves the right to form one or more
Condominium Associations. Each Owner of a Condominium Unit shall be a member of one
Condominium Association, and shall be a member of the Association, which shall serve as the
master association for the Condominium Units.
1. Declarant. . "Declarant" means Grey Oaks, Inc., a Minnesota corporation, its
successors or asSignS.
J. Declarant Control Period. "Declarant Control Period" means the period
commencing on the date of conveyance of the first Lot to an Owner other than Declarant and
continuing until the earlier of voluntary surrender of control by the Declarant, the date three (3)
years after the conveyance of the first Lot to an Owner other than Declarant, or the date sixty (60)
days after conveyance of seventy-five percent (75%) of the Lots to Owners other than Declarant.
In determining the Declarant Control Period, the percentage of the Lots which have been
conveyed shall be computed by including all Single Family Lots, Twin Home Lots, and
Condominium Units that Declarant has built or reserved the right to build.
K. Limited Common Areas. "Limited Common Area" means the real property
(including the improvements thereto) owned by the Association for the limited use and
enjoyment of only those Owners those Lots to which the particular Limited Common Area is
allocated. There are currently no Limited Common Areas in the Community, but some of the
Common Areas may be re-allocated as Limited Common Areas, but only with the written
consent of all Owners.
L. Lot. "Lot" means every Single Family Lot, Twin Home Lot, and Condominium
Unit, as herein defined and as designated on Exhibit A. Each Lot is hereby designated for
separate ownership, and the boundaries of each Lot shall be as delineated on the Plat, or, in the
case of Condominium Units, as to be delineated on a Condominium Plat to be filed.
M. Member. "Member" means each Owner of any Lot, each of whom shall be a
member of the Association solely by virtue of ownership. Where a Lot is being sold by the
Owner to a contract vendee who is entitled to possession, the contract vendee shall be considered
the Member if: (i) the rights of the contract vendor hereunder are delegated to the vendee under
such contract for deed and (ii) the vendee shall furnish proof of such delegation to the
1900072v5 3
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Lot.
N. Mortgagee. "Mortgagee" means the owner of any recorded mortgage of a Lot and
the successors or assigns of such mortgagee or any persons named as vendor or seller under any
contract for deed of a Lot and the successors or assigns of such vendor.
O. Owner. "Owner" means the record owner of any Lot, but does not include a
Mortgagee or a holder of an interest as Security for an Obligation.
P. Plat. "Plat" means the plat of "Grey Oaks," filed in the office of the Anoka
County Recorder. If the context requires, "Plat" may also refer to the recorded floor plan of any
condominium building constructed on one of the platted Lots reserved for condominium
development.
Q. Purchaser. "Purchaser" means a person who holds a valid and binding purchase
agreement for a Lot.
R. Recording Officer. "Recording Officer" means the County Recorder for Anoka
County, Minnesota.
S. Rules and Regulations. "Rules and Regulations" means the Rules and
Regulations of the Association adopted by the Declarant and/or Board of the Association, as
amended from time to time.
T. Security for an Obligation. "Security for an Obligation" means the vendor's
interest in a contract for deed, mortgagee's interest in a mortgage, purchaser's interest under a
sheriff s 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. ~ 363.02, Subd. 2(2)(b) and constitutes "housing for
older persons" as defined in 42 U.S.C.A. ~ 3607(b)(2), as either of the same maybe 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 13-16, 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 1-8, 11, and 12, Block 3; Lots 4-
27, Block 4; and Lots 5-8, Block 5.
1900072vS 4
ARTICLE II.
DWELLING COVENANTS
A. Residential Purooses: 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 facilities, public or private
schools, or commercial agriculture, even if such uses may be permitted by applicable zoning
ordinances.
- B. _ Building Regulations. The following regulations apply to dwellings or other--
improvements constructed on Single Family Lots and Twin Home Lots (but not to Condominium
Units):
1. Height. Dwellings shall not exceed two full stories in height, plus
allowance for roof, as measured from grade. Walk-out and look-out basements shall not
be counted as a story.
2. Garages. Each dwelling shall have an attached and fully enclosed garage
for no more than three cars. No carports or detached garages are allowed.
3. Setbacks. Dwellings must be set back from all Lot lines in compliance
with City ordinances, as modified by any applicable planned unit development special use
permit and/or the revised preliminary plat for Grey Oaks.
C. Nuisances. No noxious or offensive trade or activity shall be conducted upon any
Lot.
D. . Prohibited Dwellings. No temporary structure or outbuilding of any kind, such as
a trailer, tent, shack, garage, shed or 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 ~ 1.4000, the Association shall not
impair the use of: (a) antennas less than one meter in diameter designed to receive direct
broadcast television satellite service; (b) antennas less than one meter in diameter or diagonal
measurement designed to receive video programming services via multi-point distribution
services; or (c) antennas designed to receive television broadcast signals.
F. Animals. No animal may be bred, kept or maintained for business or commercial
purposes, anywhere on the Subject Property. Owners and their family and guests may keep
1900072v5 5
domesticated household pets, such as dogs and cats that do not pose an unreasonable threat to the
safety of others. Uncommon or exotic animals may not kept on any Lot. The Board shall have
the exclusive authority to regulate, through the Rules and Regulations, the keeping of animals on
Lots (provided the regulations are not inconsistent with the basic principles set forth in this
paragraph). The Association shall have the right to order an Owner to remove from the Owner's
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. Driveways: 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
1900072vS 6
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. Subject to Andover Ordinance No. 106 (Boulevard
Encroachment Ordinance), Declarant reserves unto itself and the Association the right (without
obligation) to plant and replace trees in the unpaved portion of every street right-of-way
adjoining a Lot. Declarant also reserves unto itself and the Association the right to enter upon
such unpaved portions of the street right-of-way to water, fertilize, trim and perform any other
work required to keep such tree attractive and healthy.
J. Fences. Fences are not permitted unless the Association has given its consent. All
fence requests must be submitted to the Board with a site plan showing the fence locations and
details about the fencing materials. No fence shall exceed six (6) feet in height, and portions of
the fence above four (4) feet in height must be 50% open. If one side of the fence is more
attractive than the other side, the more attractive side shall face any neighboring Lots. Fences
must also conform to all municipal codes and regulations.
K. Special Declarant Rights. Notwithstanding anything seemingly to the contrary in
this Declaration, the Declarant shall have the following "Special Declarant Rights":
1. To complete improvements indicated on the revised Preliminary Plat of
Grey Oaks.
2. To further subdivide the land designated for condominium development in
attached Exhibit A as condominium buildings containing Condominium Units, subject to
this Declaration and state law.
3. To maintain sales and/or rental offices and management offices, and
models and signs advertising Lots, until all the Lots have been sold.
4. To appoint or remove any member of the Board as provided in the Bylaws
during the Declarant Control Period.
5. To have an easement throughout the Common Areas for the purposes of
pedestrian egress and ingress, and throughout the Common Areas and all Lots upon
which a dwelling has not been completed for the purpose of completion of any
construction work as is necessary to complete the improvements within the Community,
which easement shall terminate upon the later of: (a) the sale of the last Lot and the
completion of all work thereon and (b) the termination of the Declarant Control Period;
provided, however, that any easement granted by this paragraph that runs across a Lot
shall terminate automatically as soon as a dwelling is completed upon that Lot.
6. To lease dwellings on any of the Lots, including Condominium Units.
7. To create one or more Condominium Associations to govern the
Condominium Units.
!900072vS 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, II 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. The City's status
as a third-party beneficiary of any such "Senior Housing" restrictive covenants, and any standing
derived from such third-party beneficiary status, may not be modified, altered or terminated
without the express written consent of the City.
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 of the benefited Lot.
B. Easements for Certain Utilities. The Declarant and Board may hereafter grant
easements for utility purposes for the benefit of the Lots, granting the right to install, lay,
maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and
equipment, and electrical conduits and wires over, under, across, along and on any portion 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 the foregoing.
C. Ingress and Egress. Each Owner shall have a perpetual unrestricted right of
ingress and egress to the Owner's Lot.
1900072vS 8
D. City Easements. The title of the Association in and to the Common Areas and the
Limited Common Areas is hereby made subject to a nonexclusive easement in favor of the City
for the purpose of ingress and egress for police, fire, rescue and other emergency calls, animal
control, health and protective inspection and to provide to the Owners other public services
deemed necessary by the City, and for the purposes set forth herein.
E. Inspection Rights. The Association, the City, and any other governmental entities
having jurisdiction over wetlands are herewith granted access for inspection, monitoring and
enforcement purposes to all parts 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. Compliance 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. In accordance with applicable law, including
specifically, Minn. Stat. 9 363.02, Subd. 2(2)(b) and 42 U.S.A. 9 3607(b)(2), there are and shall
be no restrictions on the alienation of Lots by reason of age, race, sex or religion, other than the
"Senior Housing" restrictions applicable to certain housing units under Section n.M.
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.
1900072vS 9
E. Rules and Regulations. In addition to the foregoing restrictions, reasonable Rules
and Regulations, not in conflict therewith and supplementary thereto, may be promulgated and
amended from time to time by the Association. Copies of such Rules and Regulations and
amendments thereto shall be furnished by the Association to each Owner.
F. Restrictions. Conditions and Covenants to Run With Land. All Owners, by the
acceptance of a deed of conveyance, or by any other acquisition of an ownership interest, accepts
such deed or such interest, as the case may be, subject to all restrictions, conditions, covenants,
reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this
Declaration, and all rights, benefits and privileges of every character hereby granted, created,
reserved or declared, and all impositions and obligations hereby imposed shall be deemed and
taken to be covenants running with the land, and shall bind any person having, at any time, any
interest or estate in said land, and shall inure to the benefit of the Owner in like manner as though
the provisions of this Declaration were recited and stipulated at length in each and every deed or
other conveyance.
G. Non-Waiver of Covenants. No covenants, restrictions, conditions, obligations or
provisions contained in this Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
ARTICLE V.
ASSOCIATION
A. Association. The Association shall act as the unit owners' association for all
Single Family Lots and Twin Home Lots within the Community. The Association shall also act
as the master association for any Condominium Units within the Community. All Condominium
Units shall be considered part of the Community, and shall also constitute their own common
interest community.
B. Membership in Association. Each Owner, by virtue of such ownership interest,
shall be a Member of the Association and shall remain a Member until such time as the Owner's
ownership interest in the Lot ceases for any reason, at which time the Owner's membership in the
Association shall automatically cease. When one or more persons hold an ownership interest in a
Lot, all such persons shall be Members.
C. Rights of the Association. The Association shall have all powers of a unit owners
association and master association, as applicable, under state law, including the power to govern
and assess the Lots in the Community. Further, if the Association incurs maintenance or
construction costs as a result of a violation of the Declaration by any Owner, the Association
may, in addition to other legal remedies, assess the Lot of that Owner for the costs incurred.
D. Meetings. The Association shall hold annual and special meetings as required by
the Bylaws.
E. Board. Following the Declarant Control Period, the Members shall elect the
Board pursuant to the Bylaws.
1900072vS 10
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
the improvements thereon. The right and easement shall be appurtenant to and shall pass with
the title to each Lot, even if not mentioned in an instrument of conveyance. Each Owner's right
to use the Common Areas shall be subject to the Rules and Regulations. Use of the Common
Areas shall be limited to those activities which, in the judgment of the Association, shall not be a
nuisance or an annoyance to the neighboring Lots. The Association may sponsor or permit
occasional events (such as Community or neighborhood picnics) upon the Common Areas.
B. Right to Use Limited Common Areas. If Limited Common Areas are ever
designated in, or added to, the Subject Property, the Lots to which the Limited Common Areas
are allocated shall have a nonexclusive right and easement of<:njoyment-in and to the Limited
Common Area, including the right of access to and use of the improvements thereon. This right
and easement shall be appurtenant to and shall run with the title to each Lot to which the Limited
Common Areas are allocated, even if not mentioned in an instrument of conveyance. Each such
Owner's right to use the Limited Common Area shall be subject to the Rules and Regulations.
Use of each Limited Common Area shall be limited to those activities which, in the judgment of
the Association, shall not create a nuisance or be an annoyance to Owners or occupants of other
Lots.
C. 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.
1900072vS 11
E. Recreational Facilities. The Declarant and the Association may, but are not
obligated to, build recreational facilities upon any part of the Common Areas, except within
wetland areas or areas burdened with drainage, utility or pipeline easements. Recreational
facilities include the following facilities: swimming pool; restroom buildings; storage buildings;
playground equipment; tennis, basketball, volleyball and tetherball courts; park benches, picnic
tables and similar improvements; sand boxes, paved playing surfaces and other children's play
areas; and paved or unpaved trails, along with any parking lots, landscaping, fences, lighting and
utilities appurtenant thereto. All recreational facilities, equipment and other improvements on
said parcel shall belong to the Association as Common Areas and shall be operated, maintained,
and repaired by the Association. The Association shall have the right to replace or remove
(without replacing) any recreational facilities, equipment or improvements in the Common
Areas; provided, however, that as long as the Declarant owns a Lot, such removal shall require
Declarant's consent.
F. Conservation Areas. To promote natural vegetation, maximize wildlife habitat,
control erosion and improve water quality, no person except the Declarant or the Association
approved by the City shall excavate, fill, install any structure in, or landscape, mow or apply
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.
1900072v5 12
;
B. Personal Obligation. Each installment of an Assessment, together with interest,
costs and reasonable attorneys' fees, shall be the personal obligation of the person who was the
Owner of such Lot at the time when the installment fell due. The personal obligation for
delinquent installments shall not pass to the Owner's successors in title unless expressly assumed
by them. Sale or transfer of any Lot shall not affect the assessment lien, except as otherwise
specifically provided in this Article.
C. Puroose of General Assessments. General Assessments shall be imposed for the
purpose of promoting the recreation, health, safety, and welfare of the residents of the Lots and
for the improvement and maintenance of the Association's easement areas, Common Areas
and/or Limited Common Areas and may include (but not be limited to) payment by the
Association for the following items:
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 carried by the Association, the deductible amount
not covered by such insurance and the additional amounts deposited by the Association or
its Board to repair or restore improvements on the Common Areas and/or Limited
Common Areas;
5. Repair, replacement, construction, reconstruction, alterations,
maintenance, snow removal, and additions to personal property and improvements owned
by the Association;
6. The cost of labor, equipment, and materials for all work done by or for the
Association; and
7. Reasonable fees for management and supervision of the Association's real
and personal property.
Adequate reserve funds funded from General Assessments and not from Special Assessments,
shall be maintained for (i) maintenance, repair and replacement of Entrance Improvements and
all other structures and equipment that must be replaced by the Association on a periodic basis;
and (ii) contingencies, emergencies and working capital needs.
D. Maximum General Assessment. Each year after the first full fiscal year of the
Association, the Board may increase the annual General Assessment in an amount not to exceed
5% of the previous year's General Assessment. Any increase in excess of this amount shall
require the approval of a simple majority of the votes of all Owners who are voting in person or
by proxy at the annual meeting or at a special meeting called for this purpose.
1900072vS 13
E. Special Assessments for Capital Improvements. In addition to the General
Assessments authorized above, the Association may levy Special Assessments, payable in
installments extending up to five years, for the purpose of defraying, in whole or in part, the cost
(not covered by reserves) of any construction, reconstruction, repair or replacement of the
Entrance Improvements or any other structures or equipment to be owned or maintained by the
Association, provided that any such Special Assessment shall have the assent of a simple
majority of the votes of all classes of Owners who are voting in person or by proxy at an annual
meeting or at a special meeting duly called for this purpose.
F. City Actions. If the City maintains, repairs, or constructs any public improvements
pursuant to this Declaration or the laws of the State of Minnesota, then the City may assess the
cost of said maintenance, repairs or construction directly against the benefited Lots, or the City
may assess the Common Areas and/or the Limited Common Areas for the cost of said
maintenance, repairs, or construction. If the City assesses the Common Areas 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 ofthe 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. Uniform Rate of Assessment. Assessments shall be fixed at a uniform rate for all
Lots; provided, however, that any Lot owned by the Declarant shall be assessed at 25% of the
rate assessed against Lots owned by other persons at all times prior to substantial completion of
any residence thereon, as evidenced by a certificate of occupancy issued by the City.
H. Date of Commencement of General Assessments: Due Dates. The Board shall fix
the amount of the General Assessment provided for herein against each Lot at least 15 days in
advance of the date that the first installment for the General Assessment is due and payable. The
initial General Assessment period shall commence as to all Lots the first day of the month
following the recording of this Declaration and run through and including the next succeeding
December 31. Each succeeding General Assessment period shall be a calendar year. Written
notice of the General Assessment shall be sent to every Owner.
I. Effect of Nonpayment 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.
J. Subordination of the Lien to Mortgages. The Assessment lien provided for herein
shall be subordinate to the lien of any first mortgage. While the transfer of any Lot generally
does not affect the Assessment lien, the foreclosure of any such mortgage or any proceeding in
lieu thereof or deed in lieu of foreclosure, shall extinguish the lien of such Assessments as to
!900072v5 14
Assessments due and payable prior to such foreclosure or proceeding in lieu thereof or which
become due during any period of redemption and, if the Assessments for which the liens were
extinguished cannot be collected in an action against the Lot or against the person(s) personally
obligated to pay them, the Association shall bear such Assessment as a common cost. No sale or
transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from
the lien thereof.
K. Certificate ofPavrnent. The Association shall, upon demand, furnish to an Owner
or a Mortgagee or holder of an interest as Security for an Obligation a certificate signed by an
officer of the Association setting forth whether the Assessments on the specified Lot have been
paid in full and, if not paid in full, stating which Assessments are unpaid. A 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. PropertY and Commercial General Liability Insurance. Commencing not later
than the time of the first conveyance of a Lot to an Owner other than Declarant, the Association
shall keep in force at all times:
1. Commercial general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use or management of the Subject
Property, with coverage of at least $1,000,000 for any single occurrence and at least
$2,000,000 aggregate coverage. The policy must contain a severability of interest clause
or an endorsement which shall preclude the insurer from denying the claim of an Owner
because of negligent acts of the Association or other Owners. The Declarant shall be
named as an additional insured to any such insurance for so long as the Declarant owns a
Lot.
2. Property insurance, for broad form covered causes of loss and in an
amount not less than the full insurable replacement cost of the insured property, on the
Common Areas and on all structures on Lots that have or share contiguous walls, siding,
or roofs with other structures on Lots, except that the Association's insurance provided
pursuant to this Article need not cover any Condominium Units that may be covered by a
policy procured by the Condominium Unit Association. The insurance need not cover the
following items within the Lots: (a) ceiling or wall finishing materials; (b) floor
coverings; (c) cabinetry; (d) finished millwork; (e) electrical or plumbing fixtures serving
a single unit; (f) built-in appliances; or (g) other improvements or betterments, regardless
of when installed. The Declaration shall be named as an additional insured to any such
insurance for so long as the Declarant owns a Lot.
Insurance policies carried pursuant to this Article shall provide that each Owner and Mortgagee
is an insured person under the policy with respect to liability arising out of the Owner or
Mortgagee's interest in the Common Areas or membership in the Association, that the insurer
waive its right to subrogation under the policy against any Owner or members of the Owner's
1900072vS 15
;
household and against the Association or the Board, that no act or omission by any Owner or
secured party, unless acting within the scope of authority on behalf of the Association, shall void
the policy, and that, if at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property or claim, the Association's policy is primary insurance.
B. Other Insurance. The Association shall also procure:
1. Fidelity bonds or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees or persons responsible for handling
funds belonging to or administered by the Association if deemed to be advisable by the
Board;
2. Worker's compensation insurance if required by law;
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.
AMENDMENTS TO DECLARATION
A. Percentage of Unit Owners and Mortgagees. During the Declarant Control
Period, this Declaration may be amended only by vote or written agreement of Owners to which
at least sixty-seven (67%) of the votes in the Association are allocated. Following the Declarant
Control Period, this Declaration may be amended by the Association only by a vote or written
agreement of Lot Owners to which at least sixty-seven percent (67%) of the votes in the
Association are allocated, and sixty-seven percent (67%) of the first mortgagees of Lots (each
mortgagee having one vote per Lot financed).
B. Recordation. Every Amendment to the Declaration shall be recorded in the office
of the Anoka County Recorder, and is effective only when recorded.
C. Secretary's Affidavit. An affidavit of the secretary of the Association stating that
the votes or agreements required by this Article have occurred shall be attached to the
amendment and shall constitute prima facie evidence ofthe representations contained therein.
1900072vS 16
ARTICLE X.
GENERAL PROVISIONS
A. mteroretation of Declaration. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the ownership and operation of
a planned, mixed-use residential community. Compound words beginning with the prefix "here"
shall be read as referring to this Declaration and not merely to the part 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. m the case of each Member, to the Member's last address as
shown on the records of the Association;
2. Association. m 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. m the case of the Declarant, Grey Oaks, mc, 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
asslgns.
E. Severable Provisions, Each provision of this Declaration is intended to be
severable. If any term or provision herein is illegal or invalid for a",y reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this Declaration.
F. Titles. Headings or Captions and Reference to Gender. All titles, headings or
captions in the paragraphs or sections of this Declaration are inserted for convenience of
reference only and shall not constitute a part of this Declaration or as a limitation of the scope of
the particular paragraphs or sections to which they apply. The masculine gender may be read as
the feminine gender or the neuter gender, the neuter gender may be read as the masculine gender
or feminine gender and the feminine gender may be read as the masculine gender or the neuter
gender. Where appropriate the singular may be read as the plural and the plural may be read as
singular.
1900072v5 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
1900072vS 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]
1900072v5 19
. .
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above written.
GREY OAKS, INe.
a Minnesota corporation
By:
Gerald Windschitl, President
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of 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
!900072v5 20
;
. .
EXHIBIT A
TO
DECLARATION
GREY OAKS AT ANDOVER
ANOKA COUNTY, MINNESOTA
"SUBJECT PROPERTY"
Single Family Lots: Lots 13-16, Block 3;
Twin Home Lots: Lots 1-8, 11 & 12, Block 3;
Lots 4-27, Block 4; and
Lots 5-8, Block 5;
Condominium Units: Lots 9 & 10, Block 3;
Lots 2 & 3, Block 4; and
Lots 2, 3, 4 & 9, Block 5;
Common Areas: Lot 17, 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.
!900072v5
:
.
,. .
ARTICLES OF INCORPORATION
OF RECEIVED
GREY OAKS AT ANDOVER
OWNERS' ASSOCIATION JUt~ 1 6 2C= J
CITY OF ANDOVE~
The undersigned, for the purpose of organizing a corporation under and pursuant to the
provisions of Minnesota Statutes Chapter 317 A, commonly known as the Minnesota non-profit
corporation act, does hereby associate as a body corporate and adopt the following Articles of
Incorporation. All capitalized terms used herein shall have the meaning given them in the
Declaration of Covenants for Grey Oaks at Andover, recorded, or to be recorded, in the Office of
the County Recorder, Anoka County, Minnesota, and as the same may be amended from time to
time.
ARTICLE I
NAME
The name of this corporation is: Grey Oaks at Andover Owners' Association.
ARTICLE II
PURPOSE
The purpose of this Association is to provide for the maintenance, preservation and
architectural control, together with the regulation of activities in the Lots and Common Areas, the
Planned Community of Grey Oaks at Andover, located in Anoka County, Minnesota, on the
Subject Property, and to promote the health, safety, welfare, comfort, convenience and economic
well-being of the present and future owners of residential units in the Community and for those
purposes to:
A. Exercise all the powers and privileges and perform all of the duties and obligations
of the Association as the same may be set forth in these Articles, the Bylaws and the Declaration or
as granted to a unit owners association pursuant to the Minnesota Common Interest Ownership Act.
B. Fix, levy, collect and enforce payment by any lawful means of all charges,
assessments and expenses pursuant to the terms of the Declaration and to pay all expenses in
connection therewith and incident to the conduct of the business ofthe Association.
C. Acquire by gift, purchase or otherwise, own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or
personal property in connection with the affairs of the Association.
1900066v3 (14Q3M03!.OOC)
.
D. Insofar as permitted by law, and consistent with the provisions and purposes hereof,
to do any other thing that, in the judgment of the Board, will promote the common benefit and
enjoyment of the members.
ARTICLE III
NON-PROFIT
The corporation shall not afford pecuniary gain, incidentally or otherwise, to its members.
ARTICLE IV
DURATION
The period of duration of corporate existence of this corporation shall be perpetual.
ARTICLE V
REGISTERED OFFICE
The location of the registered office of this corporation shall be 3640 152nd Lane N,W.,
Andover, Minnesota 55304, or such other place within the State of Minnesota as the Board shall
designate.
ARTICLE VI
NO PERSONAL LIABILITY
There shall be no personal liability of members, directors, or officers of the corporation for
the corporation's obligations.
ARTICLE VII
INCORPOR-\TOR
The name and post office address ofthe incorporator (being a natural person of full age) of
this corporation is:
Gerald Windschitl
3640 152nd Lane N.W.
Andover, Minnesota 55304
ARTICLE VIII
BOARD OF DIRECTORS AND TERM
The general conduct and management of the affairs of the corporation shall be vested in the
Board.
!900066v3 (!4Q3M03!.DOC) 2
.
The corporation, having a single member, hereby appoints the below named person as the
first director until the first conveyance of a Lot to an Owner other than Declarant.
Gerald Windschitl
3640 152nd Lane N.W.
Andover, Minnesota 55304
Upon or before the conveyance of a Lot to an Owner other than Declarant, Declarant shall appoint
two additional directors, the three of whom collectively shall then constitute the Board during the
Declarant Control Period, unless removed or replaced by Declarant. The Declarant shall have the
sole right to elect directors of the Board until the earlier of three (3) years after the date of the first
conveyance of a Lot to an Owner other than Declarant or sixty (60) days after conveyance of
seventy-five percent (75%) of the Lots to Owners (the ''Termination of Declarant Control");
provided, however, not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots
to Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of the
directors of the Board shall be elected by Owners other than Declarant at a special meeting of the
Owners to be held for such purposes. For the purposes of this Article, the percentage of the Lots
which have been conveyed shall be computed by including all Lots which the Declarant has
reserved the right to build in the Declaration, including the Condominium Units that the Declarant
may build on the platted Lots reserved for the same under the Declaration. Upon Termination of
Declarant Control, the Owners shall elect succeeding directors in such number and for the terms set
forth in the Bylaws.
ARTICLE IX
BOARD ACTIO~ WITHOUT A MEETING
A. Any action required or permitted to be taken at a Board meeting may be taken by
written action signed by the number of directors required to take such an action at a Board meeting
duly called for such purpose; provided that all directors must be notified of the text of the written
action prior to the signing by any of the directors.
B. The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action.
C. When written action is permitted to be taken by less than all directors, all directors
shall be notified immediately of its text and effective date. Failure to provide the notice does not
invalidate the written action.
ARTICLE X
MEMBERS
Ownership of a Lot for purposes of membership shall be as defined in the Declaration and
Bylaws. Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Members shall all be Owners and shall be entitled to one vote for each Lot owned.
1900066v3 (14Q3M03!.DOC) 3
\
When more than one person holds an interest in a Lot, all such persons shall be members,
but in no event shall more than one vote be cast with respect to any Lot. The one vote must be cast
by the Owners of the Lot acting together and may not be divided among or cast fractionally by the
Owners of a Lot.
ARTICLE XI
QUORUM
Members entitled to cast twenty percent (20%) of the total votes of the Association are
required to be present in person or by proxy for a quorum.
ARTICLE XII
POWERS
For canying out the purposes and intents of this corporation, the Association shall have all
the rights, powers and privileges granted to a nonprofit corporation under the laws of the State of
Minnesota, and all of the rights, powers and privileges granted to a unit owners association under
the laws ofthe State of Minnesota, including, but not limited to, the following:
A. To prescribe rules and qualifications for membership and rules and regulations for
the use and enjoyment of the Lots and Common Areas located on the Subject Property, including
remedies for the enforcement of any such rules and regulations.
B. To do any act or thing necessary or appropriate to the exercise of any power herein
granted, or granted in the Declaration or the Bylaws, necessary or appropriate to effect the purposes
herein expressed, including powers implied from express grants or power herein.
ARTICLE XIII
BYLAWS
The Bylaws of the corporation shall be adopted by the Board. Such Bylaws may contain
such rules and regulations governing membership in the Association and the conduct of the
activities thereof as the Board deems proper; and may provide for the amendment thereof by the
Board in any respect not inconsistent with these Articles.
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by members
holding not less than eighty percent (80%) of the total voting power of the Association and eighty
percent (80%) of all Mortgagees holding a first mortgage on a Lot. Upon dissolution of the
Association, other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which this
Association was created. ID. the event that such dedication is refused acceptance, such assets shall
1900066v3 (l4Q3M03!.DOC) 4
\
y
be granted, conveyed and assigned to any non-profit corporation, association, trust or other
organization devoted to similar purposes.
ARTICLE XV
CAPITAL STOCK
This corporation shall have no capital stock.
ARTICLE XVI
AMENDl\'IENT
These Articles may be amended only by approval of Owners holding at least 51 % of the
total voting power of the Association and approval of at least 51 % of the directors of the Board.
ARTICLE XVII
MISCELLANEOUS
All matters relating to the management and conduct of the affairs of the Association not
specified herein shall be as prescribed in the Bylaws or the Declaration, or as prescribed by the laws
of the State of Minnesota in force and in effect from time to time. Capitalized terms used herein
shall have the meaning set forth in the Declaration unless otherwise stated herein.
IN TESTIMONY WHEREOF, I have hereunto set forth my name this _ day of
March ,2000.
Gerald WindschitI, Incorporator
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _ day of March, 2000 personally appeared Gerald WindschitI, to me known
to be the person described in and who executed the foregoing instrument and acknowledged that
she is the sole director of Grey Oaks at Andover Owners' Association, and acknowledged said
instrument to be his free act and deed and the free act and deed of said Owners' Association.
Notary Public
1900066v3 (14Q3M03!.DOC) 5
L
~
EXHIBIT A
TO
ARTICLES OF INCORPORATION
OF
GREY OAKS AT ANDOVER OWNERS' ASSOCIATION
SUBJECT PROPERTY LEGAL DESCRIPTION
Lots 1-19, Block 3
Lots 1 - 25, Block 4; and
Lots 1- 9, Block 5
all in GREY OAKS, Anoka County, Minnesota.
1900066v3 (14Q3M03!.DOC)
RECEIVED
BYLA WS JUN 1 6 2cee
OF CITY OF ANDOVER
GREY OAKS OF ANDOVER
OWNERS' ASSOCIATION
ARTICLE I.
Name and Location
The name of this non-profit corporation is GREY OAKS AT ANDOVER OWNERS'
ASSOCIA nON, hereinafter referred to as the Association. The principal office of the
corporation shaH be located at 3640 152nd Lane N.W" Andover, Minnesota 55304.
ARTICLE II.
Definitions; Scope
The terms and phrases used in these Bylaws shaH have the meanings set forth in the
Declaration of GREY OAKS AT ANDOVER PLANNED COMMUNITY, Common Interest
Community No. _ (the "Declaration") as filed for record in the Office of the Anoka County
Recorder.
This Association governs the "planned community" of Grey Oaks at Andover. It is the
unit owners association for Single Family Lots and Twin Home Lots in the Community. It will
be the master association for any Condominium Units in the Community. One or more
Condominium Associations shall be established to act as the unit owners association for the
Condominium Units. Accordingly, the Association shall have no responsibility to construct,
maintain, repair or replace Condominium Units or any Limited Common Areas allocated only to
the Condominium Units.
ARTICLE III.
Meetings of l\ Iembers
Section 1. Annual Meetings. The first annual meeting of the Members shaH be held
\vithin ninety (90) days after filing of the Declaration at a time and place to be determined by the
Board. Subsequent annual meetings shall be held yearly at such time an place as is specified by
the Board. At each annual meeting, there shall be at a minimum, (i) a report on the activities and
financial conditions of the Association; (ii) consideration of and action on any other matters
included in the notice of the meeting; and (iii) following termination of the Declarant Control
Period, an election of successor directors for those directors whose terms have expired,
1900058v3 (14q3#03!.DOC)
Section 2. Special Meetings. Special meetings of the Members may be called at any
time by the president, or the vice president, or by a director, and must be called by the president
upon receipt of written requests from a majority of the Members.
Section 3. Special Meeting upon Termination of the Declarant Control Period. Upon
the termination of the Declarant Control Period, a special meeting of the Members shall be held
upon a call issued by the Board. All of the officers and directors of the Association appointed by
the Declarant shall resign at such special meeting of the Members and thereafter the Members
shall elect successors for said directors.
Section 4. Notice of Annual and Special Meetings. Notice of all meetings of the
Members, stating the time and place and the purpose for which the meeting is called shall be
given by the secretary of the Association. The secretary shall, at least twenty-one (21) days but
no more than thirty (30) days in advance of any annual meeting or regularly scheduled meeting,
and at least seven (7) days but no more than thirty (30) days in advance of any special meeting,
send to each Member a notice containing the time, place and complete agenda of the meeting.
The notice shall be sent by United States mail, postage-prepaid, or hand delivered to all
Members of record at the address of their respective Lots, or to other addresses as may have been
designated to the secretary.
Section 5. Ouorum. Members holding at least twenty percent (20%) of the total voting
power of the Association must be present, in person or by proxy, to constitute a quorum for the
transaction of business at any annual or special meeting. When such quorum is not present or
represented by proxy, the meeting shall be adjourned and a second meeting scheduled. At the
second meeting, the required quorum shall be 15% of the total voting power. No notice, other
than the announcement of the second meeting at the time the first meeting is adjourned, shall be
necessary. When a quorum is present at an annual or special meeting but certain Members have
withdrawn from the meeting so that less than a quorum remains, the then remaining Members
may continue to transact business.
Section 6. Proxies. At all meetings of the Members, each voting Member may vote in
person or by proxy. All proxies shall be in writing and filed with the secretary of the Association
five (5) days before any meeting. Every proxy shall be revocable and shall automatically cease
upon adjournment of the annual or special meeting for which such proxy was given. Every
notice of an annual or special meeting shall set forth procedures for the appointment of proxies.
Section 7. Voting,
a. The Owners of each Lot shall be allocated one vote for each Lot owned. Where
the record Owner is comprised of more than one person or entity, such persons or entity or
entities shall, at the time ownership is acquired, designate in writing to the Board the person
entitled to vote on behalf of said persons or entity or entities. Such designation shall remain in
effect until a written change, signed by each and every person or entity comprising the record
Owner, is delivered to the Board;
1900058v3 (14q3#03!.DOC) 2
b. The Association is not entitled to a vote during any time when a Lot is owned by
the Association; and
c. The entire vote on any single issue, including the election of Directors, maybe by
mailed ballots if so stated in the notice required by Article III, Section 4 above. Such a vote shall
have the same force and effect of a vote taken at a regular or special meeting, provided that at
least fifty percent (50%) of the voting power of the Association is cast in such vote.
d. There shall be no cumulative voting.
Section 8. Telephone Conference Meetings.
a. A conference among Members, or among the members of any committee
designated by the Members, by any means of communications through which the participants
may simultaneously hear each other constitutes a meeting of the Members, or the committee,
provided the same notice is given of such a telephone conference as would be required for a
meeting, and provided the number of persons participating in the telephone conference would be
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting.
b. A Member may participate in a meeting of the Membership, or any committee
designated by the Membership, not described in paragraph (a) by any means of communication
through which the participants may simultaneously hear each other during the telephone
conference, and such communication shall constitute personal presence at the meeting if the
same notice is given as would be required for a meeting, and if the number of members
participating in the telephone conference are sufficient to constitute a quorum.
Section 9. Order of Business. The order of business at the annual meetings of the
Members and as far as is practical at all other meetings of Members shall be:
a. Election of chairman of the meeting;
b. Calling of the roll and certifying of proxies;
c. Proof of notice of meeting;
d. Reading and disposal of any unapproved minutes;
e. Reports of officers;
f. Reports of committees;
g. Election of inspectors of election;
h. Nomination and election of Directors;
1900058v3 (l-lq3#03!.DOC) 3
1. Unfinished business;
], New business; and
k. Adjournment.
Conduct of each meeting shall be governed by Robert's Rules of Order Revised.
ARTICLE IV.
Board of Directors-Selection-- Term of Office
Section 1. Initial Board; Declarant Control Period, The affairs of the Association shall
be managed by a Board of Directors. The first Board shall consist of the sole director named in
the Articles of Incorporation. Upon conveyance of the first Lot to an Owner other than
Declarant, Declarant shall appoint two additional directors. Declarant shall have the sole right to
appoint and remove directors of the Board until the earlier of three (3) years after the date of the
first conveyance of a Lot to an Owner other than the Declarant or sixty (60) days after
conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant (the
"Termination of Declarant Control"); provided, however, not later than sixty (60) days after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, not fewer than
33-1/3% of the directors of the Board shall be elected by Owners other than Declarant at a
special meeting of the Owners to be held for such purposes, pursuant to Section 2 of this Article.
For the purposes of this Article, the percentage of the Lots which have been conveyed shall be
computed by including all Lots which the Declarant has reserved the right to build in the
Declaration, including all Condominium Units that the Declarant may build on the land reserved
for the same, pursuant to the Declaration.
Section 2. Directors Elected bv Owners. At the special meeting of Owners after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, the Owners other
than Declarant shall elect two directors, each for an initial term of one year, and the Declarant
shall appoint three directors, and shall retain the right to remove or replace these three directors
until Termination of Declarant Control. Upon Termination of Declarant Control, at a meeting of
the Owners called by the secretary of the Association, the Owners shall elect a Board of five (5)
members. Only one vote shall be taken, and those nominees receiving the most numbers of votes
shall be elected. The two elected directors receiving the highest number of votes shall each serve
a term of three years; the two elected directors receiving the next highest number of votes shall
each serve a term of two years, and the elected director receiving the lowest number of votes
shall serve a term of one year. Thereafter, every year at the annual meeting of Members,
elections shall be held to replace those directors whose terms are expiring. The terms of all
directors so elected shall be three years. Following Termination of Declarant Control, a majority
of directors shall be Owners other than Declarant. At the expiration of the term of office of each
director, a successor shall be elected to serve for a term of three (3) years. The directors shall
hold office until their respective successors have been elected and installed.
1900058v3 (14q3#03!.DOC) 4
.
Section 3. Removal. After Tennination of Declarant Control, and prior thereto only with
respect to directors elected by Owners other than the Declarant, any director may be removed
with cause by the Board as specified herein and without cause by a sixty percent (60%) vote of
the voting Members actually present at a special meeting called for that purpose and for which
notice pursuant to these Bylaws has been given. Any vacancy caused by such removal shall be
remedied pursuant to these Bylaws.
Section 4. Compensation. No director shall receive compensation for any service
rendered to the Association. However, any director may be reimbursed for actual expenses
incurred in the performance of duties.
Section 5. Voting. Each director shall be entitled to one vote.
Section 6. Vacancy. Until Tennination of Declarant Control, a vacancy caused by the
removal or resignation of a director appointed by Declarant shall be filled by Declarant and a
vacancy caused by the removal or resignation of a director elected by the owners other than
Declarant shall be filled by an election by the Owners other than Declarant. After Termination of
Declarant Control, a vacancy in the Board caused by the removal or resignation of a director may
be filled by appointment by the Board. The director appointed to fill such vacancy shall serve for
the remainder of the term of the director being replaced.
ARTICLE V.
Meetings of Directors
Section 1.. Regular Meetings. Regular meetings of the Board shall be held at such place
and hour as may be fixed from time to time by the notice of such meeting of the Board. Should
said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the
next day which is not a legal holiday.
Section 2. Special Meetings, Special meetings of the Board shall be held when called by
the president of the Association, or by at least two directors after not less than three (3) days
notice to the other directors,
Section 3. Notice. To the extent practicable, the Board shall give reasonable notice to
Owners of the date, time and place ofa Board meeting. If the date, time, and place of meeting is
announced at a previous Board meeting, is posted in a location accessible to Owners and
designated by the Board from time to time, or if an emergency requires immediate consideration
of a matter by the Board, notice is not required. Meetings shall be open to Owners, but may be
closed to discuss the following:
a. personnel matters;
b. pending or potential litigation, arbitration or other potentially adversarial
proceedings, between Owners, between the Board or Association and Owners, or
other matters in which any Owner may have an adversarial interest, if the Board
determines that closing the meeting is necessary to discuss strategy or to
1900058v3 (14q3#03 !.DOC) 5
.
otherwise protect the position of the Board or Association or the privacy of an
Owner or occupant of a Lot; or
c. criminal activity arising within the Community if the Board determines that
closing the meeting is necessary to protect the privacy of the victim or that
opening the meeting would jeopardize investigation of the activity.
Section 4. Ouorum. Every act or decision done or made by the sole director of the first
Board shall be regarded as an act of the Board. Thereafter, a simple majority of the directors
shall constitute a quorum for the transaction of business. Every act or decision done or made by
the directors at a duly held meeting at which a quorum is present shall be regarded as an act of
the Board.
Section 5. Presiding Officer. The presiding officer of any meeting of the Board shall be
the president ofthe Association.
Section 6. Meetings by Conference Call.
a. A conference among directors, or among members of any committee designated
by the Board, by any means of communication through which the participants may
simultaneously hear each other during the conference, constitutes a meeting of the Board, or the
committee, provided the same notice is given of the telephone conference as would be required
for a meeting, and provided the number of persons participating in the telephone conference are
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting.
b. A director may participate in a meeting of the Board, or any committee designated
by the Board, not described in paragraph (a) by any means of communication through which he,
other persons so participating, and all persons physically present at the meeting may
simultaneously hear each other during the meeting. Participation in a telephone conference
meeting constitutes personal presence at the meeting.
Section 7. Board Action Without a Meeting.
a. Any action required or permitted to be taken at a meeting of the Board may be
taken by written action signed by the number of directors that would be required to take the same
action at a meeting of the Board at which all directors were present, provided that all directors
must be notified of the text of the written action prior to the signing by any of the directors.
b. The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action. When written action is
permitted to be taken by less than all directors, all directors shall be notified immediately of its
text and effective date. Failure to provide the notice does not invalidate the written action.
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ARTICLE VI.
Powers and Duties of the Board of Directors
Section 1. Powers. All of the powers of the Association shall be exercised by the Board,
including those existing under common law, statutes, the Articles and those powers designated
for the Association by the Rules and Regulations. Such powers shall include, but shall not be
limited to, the power to:
a. Adopt, amend and publish Rules and Regulations governing the use of the Lots
and Common Areas, and the personal conduct of the members and their guests in the Lots and
Common Areas, and to establish penalties for the infraction thereof;
b. Adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect Assessments from Owners;
c. Exercise for the Association all powers, duties and authority vested in or
delegated to the Association and not reserved to the Members by other provisions of these
Bylaws, the Articles or the Declaration;
d. Make and collect assessments to defray costs and expenses, and use the proceeds
of assessments in the exercise of its powers and duties;
e. Expend money of the Association to improve, maintain, repair, and make
replacements in the Common Areas and improvements and fixtures therein as authorized by the
Declaration;
f. Enforce by legal means the provisions of the Declaration, the Articles, the
Bylaws, and the Rules and Regulations, and to levy fines for any violation thereof. Fines may be
levied as Special Assessments;
g. Employ and tenninate such independent contractors or employees as the Board
deems necessary, and to delegate to such persons powers and duties of the Association except
such powers and duties as require approval ofthe Members;
h. Purchase such policies of insurance as allowed or required by the Declaration, or
any other insurance deemed appropriate to protect the Association or the Owners;
1. Increase the General Assessment in an amount not to exceed 5% of the prior
year's General Assessment, except that a greater increase may be approved by a majority vote of
the Members;
J. Establish any committees that the Board deems necessary or desirable, including,
but not limited to, an Architectural Review Committee;
k. Establish the Reserve Fund described in Section 3 below; and
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1. Declare the office of a director of the Board to be vacant in the event such director
shall be absent from three (3) consecutive regular meetings of the Board without sufficient
reason and proper prior notification.
Section 2. Duties. It shall be the duty of the Board to:
a. Cause to be kept a complete record of all of its acts and corporate affairs and to
present a statement thereof to the Members at the annual meeting of the Members, or at any
special meeting when such statement is requested in writing by Members holding twenty percent
(20%) of the total voting power of the Association.
b. Make and file all elections and documents required in order to exempt from
taxation, insofar as possible, the income of the Association;
c. Supervise all officers, agents and employees of the Association, and see that their
duties are properly performed;
d. Prepare and distribute to the Members at or before the annual meeting an Annual
Report. At a minimum, the board must provide to each Owner prior to or at each annual meeting
an annual report containing:
(i) a statement of any capital expenditures in excess of two percent of the
current budget or $5,000, whichever is greater, approved by the Association of the
current fiscal year or succeeding two fiscal years;
(ii) a statement of the balance in any reserve or replacement fund;
(iii) a copy of the statement of revenues and expenses for the Association's last
fiscal year, and a balance sheet as of the end of said fiscal year;
(iv) a statement of the status of any pending litigation or judgments to which
the Association is a party;
(v) a statement of the insurance coverage provided by the Association; and
(vi) a statement of the total past due Assessments on all Lots, current as of not
more than 60 days prior to the date of the meeting;
e. Elect annually the officers of the Board of Directors;
f. As more fully provided in the Declaration, to:
(i) fix the amount of the General Assessment against each Lot at least
fifteen (15) days in advance of each General Assessment period in accordance
with the Declaration;
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(iv) Replacement of trees, grass, shrubs, and other landscaping of Common
Areas which are the responsibility of the Association.
Any replacement or repairs required by the negligent action of the Owner or his/her
resident or invitee shall be the sole financial responsibility of such Owner.
ARTICLE VII.
Officers
Section 1. Enumeration of Officers. The officers of this Association shall be a president,
a vice president, and a secretary-treasurer, who shall at all times be directors of the Board. Any
person may hold two or more offices, except that the officers of president and vice president and
the offices of president and secretary-treasurer shall be held by different persons. The Board
shall, from time to time, elect such other officers and designate their powers and duties as the
Board shall find to be required to manage the affairs ofthe Association.
Section 2. Election of Officers. The election of officers shall take place at the first
meeting of the Board following each annual meeting ofthe Members.
Section 3. Term. The officers shall be elected annually by the Board and each shall hold
office for one (1) year unless the officer shall sooner resign, or shall be removed, or is otherwise
disqualified to serve.
Section 4. Resignation and Removal. Any officer may be removed from office with
cause by the Board. Any officer may resign at any time by giving written notice to the Board,
the president or the secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 5. Vacancies, A vacancy in any office shall be filled by appointment by the
Board. The officer appointed to such vacancy shall serve for the remainder of the term of the
officer being replaced.
Section 6. Duties. The duties of the officers are as follows:
a. President. The President shall be the chief executive officer of the Association.
The President shall have all of the powers and duties which are usually vested in the office of the
President of a corporation, including, but not limited to, the duty to preside at all meetings of the
Board and Members, and the general supervision over other officers and the affairs of the
Association. The President shall execute all contracts, agreements and obligations of the
Association except as such authority may be otherwise delegated by resolution of the Board of
Directors.
b. Vice President. The Vice President shall, in the absence or disability of the
President, exercise the powers and perform the duties of the President. The Vice President also
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shall assist the President and exercise such other powers and perfonn such other duties as shall
be prescribed by the directors.
c. Secretarv- Treasurer. The Secretary-Treasurer shall keep the minutes of all
proceedings of the Board and the Members and attend to the giving and serving of all notices to
the Members and directors and other notices required by law. The Secretary-Treasurer shall keep
the records of the Association, and shall perfonn all other duties incident to the office of a
secretary or treasurer of a corporation and as may be required by the Board or the President.
The Secretary-Treasurer shall have custody of all intangible property of the Association,
including funds, securities and evidences of indebtedness, and shall give bond in such sum and
with such sureties as the Board may require; and shall keep the Assessment rolls and accounts of
the Members, shall keep the books of the Association in accordance with good accounting
practices and shall submit them together with all vouchers, receipts, records and other papers to
the Board for examination and approval as often as the Board may require. The Secretary-
Treasurer shall deposit all monies and other valuable effects in the name of or to the credit of the
Association in such depositories as may be designated by the Board, shall disburse the funds of
the Association as ordered by the Board, and shall perfonn all other duties incident to the office
of a treasurer of a corporation. If a managing agent or manager is employed, the Board may
designate some or all of the foregoing functions to be entrusted to said agent or manager, subject
to bonding and subject to oversight and control by the Secretary-Treasurer.
ARTICLE VIII.
Fiscal Management
Section I, Property Held for Members' Benefit. All funds and the titles of all properties
acquired by the Association, and the proceeds thereof, after deducting therefrom the costs
incurred by the Association in acquiring the same, shall be held for the benefit of the Members
for the purposes stated in the Declaration and herein.
Section 2. Depository. The depository of the Association shall be such financial
institutions as shall be designated from time to time by the Board and in which the monies of the
Association shall be deposited. Withdrawal of monies from such accounts shall be only by
instruments signed by such persons as are authorized by the Board.
ARTICLE IX.
Assessments
All Assessments shall be levied and collected in accordance with the law and the
Declaration, and may be collected by all legal means available.
ARTICLE X.
Maintenance and Alterations by the Member
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Members shall perfonn their responsibilities in such manner as not to disturb other
Owners, shall not impair any easement affecting the Community, and shall comply with the
Rules and Regulations, Bylaws and Declaration.
ARTICLE XI.
Limitation on Contract Duration
No contract, lease, management contract or employment contract, which is directly or
indirectly made by or on behalf of the Association, shall be entered into for a period exceeding
two (2) years. Any contract providing for services by Declarant shall provide for tennination by
either party without cause or payment of a termination fee, on ninety (90) days or less prior
written notice.
ARTICLE XII.
Books and Records
The books, records and papers of the Association shall at all times, during reasonable
business hours, be available for inspection by any Member or to any mortgagee, insurer or
guarantor upon request to the Secretary of the Association.
ARTICLE XIII.
Corporate Seal
The Association shall not have a corporate seal.
ARTICLE XIV.
Amendments
The Board shall have the right to amend these Bylaws by a resolution setting forth the
proposed amendment or amendments adopted by a majority of the Board.
ARTICLE XV.
Conflicts
In the case of any conflict between the Declaration and these Bylaws or Articles, the
Declaration shall control, and in the case of any conflict between the Bylaws and Articles, these
Bylaws shall control.
ARTICLE XVI.
Fiscal Year
The fiscal year of the Association shall begin on the 1 st day of January and end on the
3 I st day of December in each year, except that the first fiscal year shall begin on the date of
incorporation.
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