The URL can be used to link to this page

Home My WebLink AboutCC March 17, 1998 '-_/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Call to Order Resident Forum Bookmark Agenda Approval Name Consent Agenda Approval of Minutes minutes HRA Meetinl! 1. Allocate 1998 CDBG Funds - Public Service Agencies, Continued cdbg Discussion Items 2. Lot Split, Continued/I7203 Tulip St. NW/Johnson johnson 3. Public HearinglVacation of Easement/Butternut St. NWIBunker LLC phbutternut 4. Approve Bylaws & Rules of Association/CovenantslRestrictions/ bylaws Shadowbrook 3rd Addition/Bunker LLC 5. Approve Final Plat/Shadowbrook 3rd Addition/Bunker LLC fpshad3 6. Approve Supplement to Supplemental Feasibility Report/97-44/ appr9744 Shadowbrook 3rd Addition 7. Approve Plans & Specs/97-44/Shadowbrook 3rd Addition ps9744 8. Discuss Feasibility Report for Stormwater/97-26A1Hamilton Square dis9726a 9. Authorize Preparation of Feasibility Report/97-49/Chesterton Commons 2nd Addn. auth9749 '-- ~ 10. Metes and Bounds Split, Continued/Ashford Dev. Corp. . splitashford 11. Approve Feasibility ReportJ98-8/2776 - I 64th Avenue NW appr988 Staff, Committees, Commissions 12. Approve Ordinance No. 216, City Administrator 13. Update/Hiring ProcesslEngineering Tech 4 Non-Discussion/Consent Items 14. Approve Union Contract 15. Approve Four (4) - Ten hour days/Public Works 16. Approve Street Sweeping Bids 17. Award BidIRescue Five I 8. Approve Final Plat/Echo Hills 2nd Addition 19. Approve Variance/12 - 177th Avenue NW/Allen 20. Approve Quotes/97-521BIeachers for Sunshine Park 21. Reduce Escrows/Developers Improvement Plat EscrowslEldorado Estates 22. Award Bid/98-3/1998 Crack Sealing 23. Approve Plans & Specs/97-46/Well #6 Pumphouse Design 24. Approve QuoteslBasketball HoopslRed Oaks West Park . 25. Approve One Year Extension/Preliminary Plat/ShadowbrooklBunker LLC 26. Order Plans & Specs/97-10AlBunker Lake Blvd. (North Side of Road) East of Hanson Blvd. to Crane St.IBikeway/Walkway Trail 27. Declare Costs/Order Assessment RolI/97-7/Crown Pointe East 2nd Addn. 28. Adopt Assessment Roll/Waive Hearing/97-7/Crown Pointe East 2nd Addn. Mayor/Council Input Payment of Claims Adjournment Regular City Council Meeting - Tuesday, March 17, 1998 agenda . / ord216 tech4 union pworks sweeping bid rescue fpecho2 alien appr9752 eldorado bid983 appr9746 redoaksw extension ord9710a dcIr977 adpt977 C/1Y OF ANDOVER REQUEST FOR COUNCIL ACTION " j DATE:March 17, 1998 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT ~.~. City Clerk ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: March 4, 1998 Regular Meeting (Kunza absent) March 4, 1998 EDA Meeting (Kunza absent) March 4, 1998 HRA Meeting (Kunza absent) '-- ./ , J~' . '\ i '-_/ CITY OF ANDOVER REQUEST FOR HRA ACTION DATE: March 17. 1998 AGENDA SECTION HRA, Continued ORIGINATING DEPARTMENT Planning ITEM NO. Disbursement of 1998 CDBG Funds - Social Service Agencies John Hinzman, Jtf City Planner l. Request The Andover Housing and Redevelopment Authority (HRA) is asked to allocate CDBG Public Service Pool Funding to perspective Social Service Agencies. Eligible organizations must . \ provide specialized services to low to moderate income residents of the city. '- / Background At the March 4, 1998 meeting, staff was directed to provide further information on how funding is allocated to communities within Anoka County. According to Alyce Osborne, Community Development Manager for Anoka County, the funding formula is based upon the population, poverty level and age of housing within a community. The HRA was concerned about the level of funding for North Anoka Meals on Wheels. The program is funded by the following communities and amounts: Andover East Bethel Ham Lake Lino Lakes Linwood Twp. Ramsey TOTAL $2,711 proposed, $3,733 requested $3,733 $3,733 $1,885 $4,733 $2,000 $16,084 (excluding Andover) ., The attached resolution offers two funding choices involving North Anoka Meals on Wheels -- allocation of the full request of $3,733 and reduced level of$2,711. '. .J , ,) , I \. -_./ , \, ,--j Page Two 1998 CDBG Social Service Allocation March 17, 1998 FundiDl~ Determination Staff proposes to fund all agencies supported during the last fiscal year. Agencies requesting amounts above original 1997 allocations were reduced on a percentage basis according to last years allocation. Please see the attached resolution for proposed disbursement amounts and applications for funding. Attachments . Resolution for proposed allocation of funds . Minutes from March 4, 1998 meeting . Letter from Maggi Novak, North Anoka Meals on Wheels '. '- ; , / ; , ~ j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA lIRA RES. NO. R -98 A RESOLUTION APPROVING DISBURSEMENT OF PUBLIC SERVICE POOL FUNDS OF THE 1998 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET WHEREAS, the Housing and Redevelopment Authority recognizes the need to use Community Development Block Grant Public Service pool funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will receive funds distributed by Anoka County to conduct projects for the residents of the City for the 1998 fiscal year. NOW, THEREFORE, BE IT RESOLVED, that the Housing and Redevelopment Authority of the City of Andover hereby approves the following allocation amounts for 1998 Community Development Block Grant Public Service Pool Funds as indicated on Attachment A-I. Adopted by the Housing and Redevelopment Authority of the City of Andover on this 17th day of March, 1998. CITY OF ANDOVER ATTEST: lE. McKelvey, Chairperson Victoria Volk, City Clerk \ Attachment A-I , \ / Revised 1998 Public Service Pool Allocations Full Funding Reduced 1998 1997 of North Funding of Organization Request Allocation Anoka Meals North Anoka on Wheels Meals on Wheels Alexandra House $3,000 $2,000 $1,817 $1,720 Anoka County Brotherhood Council $2,500 $0 $0 $0 Anoka County Community Action Program $7,003 $5,757 $4,241 $4,013 ARC of Anoka and Ramsey Counties $1,000 $0 $0 $0 Community Emergency Assistance Program $4,500 $3,388 $2,725 . $2,579 Family Life Mental Health Center $4,000 $3,622 $2,905 $2,749 Fathers' Resource Center $4,000 $0 $0 $0 Lutheran Social Serv.\City View $500 $0 $0 $0 North Anoka Meals on Wheels $3,733 $3,733 $2,711 $3,733 North Suburban Counseling Center $3,500 $3,389 $2,541 $2,406 Northwest Suburban Kinship $2,500 $2,389 $1,815 $1,718 Rise $5,000 $3,889 $3,029 $2,866 Tamarisk Resources, Inc. $2000 $0 $0 $0 TOTAL $43,236 $28,167 $21,784 $21,784 . , ; '- / ., ) \ '- -) CITY of ANDOVER ANDOVER HOUSING AND REDEVELOPMENT AUTHORITY MEETING MARCH 4, 1998 - MINUTES A Meeting of the Andover Housing and Redevelopment Authority was called to order by Mayor Jack McKelvey on March 4, 199, 7:52 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Absent: Also present: . , I '-J Councilmembers Bonnie Dehn, Mike Knight, Ken Orttel Councilmember John Kunza City Attorney, William G. Hawkins Planning, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others PUB.LIC HEARING: ALLOCATE 1998 CDBG FUNDS - PUBLIC SERVICE AGENCIES Mr. Hinzman explained the lIRA had authorized $30,000 to the public service pool out of the $43,236 allocated to the City in CDBG funds. The City's application goes into the county fund; and unfortunately, HUD limits the amount of funds to social service agencies to 15 percent. Because of that, the City had to reduce its allocation to public services agencies to $21,784. He presented a revised proposal of contributions to the various organizations which applied to the City. At another HRA meeting, the Authority will place the rest of the money into unallocated or into one of the other funds. Staff makes its proposal for funding based on the applications ofthe organizations, the number of Andover residents served and what the lIRA has contributed in the past. The reduction to $21,784 was done as a percentage cut for each organization. Councilmember Dehn was concerned that the amount allocated to the North Anoka Meals on Wheels program was being reduced. If that is the case, will that organization be able to make up that funding from other sources? Mayor McKelvey also worned about that organization because it serves a large portion of North Anoka County. Before reducing the amount to them, he wanted to know if the funding would be made up by the county. He worried that because they are not a county-wide organization, they might not be getting as much funding from the county as other organizations do. The Authority suggested the item be tabled to the next meeting to allow time to determine whether or not the North Anoka Meals on Wheels would get funding from other cities or the county to make up what is proposed to be cut in this budget. Mayor McKelvey opened the hearing for public testimony. "- , ) ~J Andover Housing and Redevelopment Authority Meeting Minutes - March -I. 1998 Page 3 City of Anoka's swimming pool. (public Hearing: Allocate 1998 CDBG Funds - Public Service Agencies, Continued) Maggie? North Anoka Meals on Wheels Program - stated about 30 percent of their funding comes from community organizations such as CDBG funds and the Lions. They do fund raising, and about 20 percent comes from Federal and State dollars. Some are state paid meals, people who are contracting through the State for state aid meals. About 30 percent is paid for by the clients on a contribution basis. Anoka Meals on Wheels serves 650 square miles of Anoka County, mostly rural. She would have to find additional funding from other sources if Andover's funding is reduced. It is an on-going struggle for all of the service organizations.. . " I '_/ Mal)' Shelby Fund Development Alexandra House - is the only agency that provides their type of services for Anoka County. CDBG funds amounts to less than one percent of their budget. They also get grants from the Department of Corrections out of its Violent Acts and Victims Assistance Grants. She also provided facts about Alexandra House, the shelter provided, legal advocacy and medical assistance offered for the women and children. In 1997 they provided assistance for 60 women and their children in Anoka County, and they helped 16 women in Andover with health care and advocacy services. She thanked the Authority for its past support and hoped they are considered again for 1998-1999. Erica Gilbertson Director Kinship Program - stated the program has been in Anoka County for 22 years. It is a youth mentoring program providing a positive adult role model for them. They service kids in Andover and have had several activities in the City. She thanked the Authority for their support in the past and hopes to receive continued support. Bob Solo men Family Life Mental Health Center - appreciated the help they received from the Authority in the past. They have existed since 1978, and they served 50 to 60 people from Andover last year. They serve the low income and mentally ill. Kathy Weidman Anoka County Community Action Program - thanked the Authority for their support. Last year they served 51 individuals in Andover and made over 155 different referrals to over 40 programs. They work with seniors to access services for them and help them to remain in their homes as long as possible. The Authority asked if the various service agencies work together. Ms. Weidman - noted that all of the organizations work together for the benefit of those they service. Several of them are located in the same building in Blaine. \ ) Motion by Dehn, Seconded by Knight, to close the public hearing at this time. Motion carried on a 4-Yes, I-Absent (Kunza) vote. 8:35 p.m. '- ) , , '--) . \ '-) Meals on Wheels ~ North Mob Meals em WbI:Cla 1~ WI:tIII Sou1e'nrd C<<!ar. JlN e8011 Ph=r. 434-6117 March 12, 1996 DEAR ANDOVER CITY COUNCIL MEMBERS: I want to take this opportunity to thank you for your caring attitude toward Meals on Vllheels and especially toward the senior citizens in Andover. I was impreSSed with the concern you expressed at the CDBG hearing. The funding that we asked for In the amount of $3,733.00 is used to pay for the site coordinators salary and also to subsidize meals to seniors in the Andover area. The site coordinator that serves your area works one hour per day to make sure the meals are coordinated and sent to the seniors. As you're probably aware I am Director for a large area of Anoka County. Without site coordinators I could not manage this large of an area. By having them we are assured that the program is run in an effective and cost efficient manner. We approach all the cities and townships that we serve for CDBG funds to help share this cost. However, some of the cities either get these funds on a three year basis or a very small amount of funding. Some cities alot the total amount I ask for a.nd some alat nothing and every where in between. So far we have been able to manage with the funds alotted. We are hoping to continue to do so through the support of cities such as yours that have a strong commitment to supporting its senior population. This enables them to stay in their own homes and be contributing members of our society. Thank you for conSidering our proposal. Sincerely, ------. 7871 Maggi Novak, Director North Anoka Meals on Wheels pno".,. Fad ~~ ~-~ S' ~ l[ nl ~ 8. Elrfg i~ . S' (fQ ~ o :l "'" t.> '< 5- = "'I"l :J. Q" , ) .::; a. tl. if -, 3 ~. -. ;. o " " ., > ~ r; ~ _, C7' 0 ti " ~ sr. 0 <" -" - ~llZ o 0 U) ~ ... 0 " ., = ~. ~ s: (3 :, ':i' " .. " e!.~!!. O' .. :::I. Q.Sl- err- \ n : )'" ", '" ! <1l _ 1< e: ~ . '" U> ~ 0 Q,,3 ~ g ;;:J '" Co> 0 cr;l1 ~g- o =r .... ~ o o 0- "'H ~ -. - t.> - =r o 3 (1) .l:>.":l7 t.o..\ ~ ;- f" (') (fQ ~ c:: 0..::. -~Z ..., -. 0 0" ~ .e <> C10 '" ;::>;or;" ~ ~. 0 ::l '" \0 5 =r .. ~ g 8t;g .. ::t. 0 3 g ., l>l ... ::l 0 "","" tyg '1::1 3 -S:;Cl i?'" ii oa!t 2S: 'Q 0 " 0 ., ~ "';;:: > g ,;- ~ :> ~ ;:I. t1 ~ r.: '" _ s >-. '" '" :>";i Og n = -~ o D. " - >~ '(:l.n :l ':f' fr.l ., . rl :;."'" 6 !l c .. Q'l .. :7'0. . ~6g> g '" 3 3 "S. (1) 3 ~ g 0011> e. ~ ~ "'0"-' ~: g :::t'... '" e>.- g~ 5 ('r ;;! ~ t1> Q" ~ o :3 s:- o ~::l - .s:: (1) _ ~ riO" ; ~ 8= 0 ;J 0 ...., ~~d Ii~ 5i a. g - g. ~ 3' " .... (1) ~ 0 (5 c. 0 ~ 5) ~ ~ ~ o '< o c: .... t1> c: t1> :l. '< ::I 0 ~ "'i:1 c:: O:::r~ a. ~ ~ ~ o' I'" or- ::> ::l;;:J '/l ~Q" -Co> '< fil cr'c:: '" ::::l .. I'" ~ g: ~ (1) 0.._ o 3~ CI'IO"l o ~.g 0'~o3 ... -, (1) !e. 3~;; ri ""O@<" ~ -. _. 0 I;n () <' .:n rJ ~ 0 ;i1 "0 3 ~ (1) t1> ., ....... ~ :n o u; 0 :::l ~ en .... '" c: ~ ;. :::l ::r(1)Co o '< ~ S"Q _. Co> lr.l'<: ::r ... ;;-03 "" _Co> t1> -'< .t:l n c:: 0 ~ fl -'c" 1(;;1 '< (1) roo ;;:': @ ~. r::r gCi' ~ == o >~ ~~ ~~ .~ n ~ .. < t:lj '< D' ~ .... "" V> '" Co> Co> 5'- Co ~ ::!,.OCo>'" "'3:=':00 0,'<:.,::1 lr-~rQ~~~ ~~-~.~~~~ 0;; 0 C",05'-::> o ::::l 8. I>l 0 ~. ~ ~ (1) 7:' ~ @ (1)~~~~",~ ~ -.. n < "'rl !!!.. v:lpr-" .rv~l;fJ S' ::c ;;0 g g :- 0 ~ '" p;' ~ ~r' ~ ~ ~~r'~~H (fQoP" '" 5';~~>-rlcn ~ '::s t:I:I :v . D()8'g~ ..., 0 <::r;J ::l~0(1)~3 Q,O::l:". ~[!,[!'~~~QQO ::::l '- ~ :s rp 0 ~. ;9 n 0 en ~:;1 ~ '<~"'''..r'''n r' ~. i ~ ~. E. ~ E! 2, !:: ~ _. 0 0 Ci ~ :I: !:7- ",' ",' ~ 5 o:l m r' 0 !lc;n.. ....,ell '" .. '" '" ,'0 '" :r "'f'i-:rf"'\S='~O~ 9o<;>.,,,,,,l'loiJ~ :::=:;'01'1:::9;;' cn(')o""'l:::::J(")no n ('):""l='~ c =-:7'01 =:7":J';rO rlb ~C:::J -""(")~C"Rnn ;!'~fJ:;rc ~:r:::r ~,:':=r~s. n ~ ;;10 ;:r~ ~ ;r 1\'" 0 fl lA' 0 2. =r ~ a ~ ., ~ n - .., ..... ::3'< c: g ro ~ :r~ o Cl- 3 a ~ ~ e; e;;- n :0;- ~ g =~ S' 0 (lO ..... o~ 0.0 o ::I .. '" ~ ~ '" ;:r .. 0 ~ ~ ~ ~ ~~~ V)c= Oloocl~ z~(") ~~~ t."'l ~ e ~ o o c:: c:r "0 :> ~-g;;l2_ "::lIlO~,<: "'. Q" _. "0 CI) . ~ ....... ] ~~ Q c:: m~ 3 ~ Q (l) ~_' ->g. ~ r' 1i" S' -. 0 on n :r_'" c: me>. 0- Q.Vl~ ~ R n 3 g2l;t", <;.... a ~ Z. 0 ~. ~:o;-'" _ P> (; cr' ~ ('r s ~ =r ;;:J ... Q"..., O"'Z'!1 xa-os "Rv;;:l- :3. c; :::r ., ('tl -- 0 ::l 0 :> :II n ~ :;, - ::lQ;~8, CJQ < l"I.~ _ ::. - ~~::~ ~ ;;03 Q. ~!:l E-i3' ::r .... -=- -. ~ ~~ ~'" ::r '" III ';;' n ;;. ~ "0 e. 0- n> C ~ 3 .... o ... 5'- ~ ~ 0 ~~~g~~Qr;~ 'T'l'T'l3i1""c33fro. 0l0l~C)rr3~S1 :I :2 '-< .... ~ 0 c:: tr. n'I 1";1 (') 0 JI:":II:":::J ~ .., ~. ~. c: ~ ~ n ~; - c: C:r-'gr_C 0;0 o " ;.r, -. ~. 0 n ~ ;:::I ::J~. ' g g ~ c So f.n rng ~~~~n. ~ ;,n r- ng <;: '" ~ N~"'I"lt;3~ ~ ::I. ::I. g, n _. o<fr ~r. ~~~Q..-~ :FI ~ -. :;;" c. _ -.n~(1)~ a @ ~--= 3~~n= ~ ~ c: ;:H~ l!L Q, 5. ~~c:5- n ~ g ::r8';n:T:.o c;= o- n fr :s: 3 '<: ~~On<:T :II _ ::I g c: ~~frc=e7 5.'<'<5.~ ... '" o~5-~L:- ~ c:: a ;:J ::] p.; :;:I c: _. 0 a. ff "" C c l-'l :::r (;! ~ ~ ;:t ~ z~ z o .., 0; ;::I l'I ::;' :::r Co ~. :> ~ o' :J '< :: c;; ~ 7:''''tl- Po: Co; ~ S:*~ ~~5 '< f'1 '0 n n o ~ Q. ~ T 3 ~ ... 0 S t.: ~ n ;;. '" I:>> crri .... _'1::1 ;;;T- o ~ ~ ~ z ;'.l ~ o e ~ t"J - 00 ~ r:r:: ~ (":l o ~ ...:1 ~ ;; > ~ t""C/.l~ t:ne~ O"'O~ Z~O ~Od ~~~ :':~CI:l ~ ~ ~ 0 VltJlO~ ~ ~ c. ~ ." ..... ., 1- :.; C en :II .- ;r. :..: .... ~. n" ~ =.. ~ ~ c' ~ ,:,-'"J",o:; ::- o 2 ~ X --cr' ;:r::r'_~ c Q ::r ,... ;;;:==n;:r t"'; n 2 0 n r-:;::I E! :,.:TI"):J c e; .,. ..., ~ r.. t:: ~ ::::T::r''''' :: 9-:-! ;:r ~ O~ z~ ~::: =r;rJ ~~ ~s: oo~ ..;) ~ t"'" ~ == o ~~ ~~ >~ ~~ .~ tr:l 00 --3 Q;; tr:l :-;'J .... -1 ~ n =:l C :::0 n ::I: ~ ~ \ , J , \ I \._~/ . \ " ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION Discussion Item, Cont. ORIGINATING DEPARTMENT Planning John Hinzman, :f\'f City Planner ITEM NO. Lot Split 97-08 'I 17203 Tulip Street NW C>(, Tom & Shareen Johnson Request The City Council is asked to review the lot split request of Tom and Shareen Johnson to split the northern and eastern +/- 7.9 acres from a 10.5 acre parcel located at 17203 Tulip Street NW (PIN 08-32-24-12-0014), zoned R-1, Single Family Rural. A cul-de-sac intersecting Tulip Street is proposed in conjunction with the lot split, to eliminate the need for variances for lot width at front setback for both lots. Backl!:round This item was tabled at the March 4, 1998 City Council to allow the item to be voted on by the full city coucil. Motions made to approve and deny the proposal resulted in a 2-2 tie. Attachments Attached for your information are the following: . Resolution for denial . City Council Minutes, 3/4/98 . Sketch Plan , , ". J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION DENYING THE LOT SPLIT REQUEST OF THOMAS AND SHAREEN JOHNSON PURSUANT TO ORDINANCE NO. 40 ON PROPERTY. LOCATED AT 17203 TULIP STREET NW (PIN 08-32-24-12-0014). WHEREAS, Thomas and Shareen Johnson, have requested to split the northern and eastern +/- 7.9 acres from a 10.5 acre parcel located at 17203 Tulip Street NW, legally described as follows: That part of the North 694 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32N, Range 24W, Anoka County, Minnesota lying southerly ofthe north 330 feet thereof except the south 34 feet of the north 364 feet of the west 660 feet thereof, except road, subject to easements of record. , \ J ,~ ./ WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the lot split on said property with the following conditions: 1. Poor road location; inability to service future lots. 2. Negative cost to the city for road construction; would only serve one person. Adopted by the City Council of the City of Andover on this 17th day of March, '\. ) 1998. , \ Page Two ,_, LS 97-08, Johnson 17203 Tulip NW March 17, 1998 CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk , , ) '_ .J , '\ '. ~,' Regular Andover City Council Meeting Minutes - March -I, 1998 Page 3 DISCUSS UPA NEW TRANSMISSION LINE PROJECT Gary Ostrom Senior Field Representative UP A - explained they are a power suppli to Anoka Electric, and they are proposing a substation improvement and new transmission line 0 be installed to get additional voltage into the area. That proposal was discussed with the lando ners this evening at the Oak View Middle School; and with the input from them, UP A will tak hat information and _ determine if changes are to be made in their routing. There was some oncern about the route, particularly along Crosstown to the east of Hanson Boulevard and t property along the railroad tracks on the west side. If there is a change in the proposed routing the transmission lines, another public information meeting will be held with the affected lando ers. Mr. Carlberg explained that if the public utilities are 10 ed outside of the right of way, they are required to receive a Special Use Pennit. If the lines sta 'thin the right of way, no permit is needed. Sophie Kotlowski - stated they already have e pipe line and railroad tracks. They don't want another hazardous utility on their property. S complained about the negative effect the trains have , ~ on her house when they pass by at night at gh speeds. The utilities already have an easement along '-' Hanson. Boulevard, and that is whe she felt the new line should be put. Mayor McKelvey appreciated the concern but noted re 'Sents will be given an opportunity to state their opinions at the time of the public hearing. Ri t now it is not known exactly what the project will be, as it may change as a result of this eve . ng' s informational meeting. Ms. Kotlowski and oth in the audience were concerned that by the time of the public hearing, the location will have air dy been determined. They didn't want to be invited back but wanted to stop the project. The asked about notification for the public hearing. Ms. Kotlowski also stated if the transmission Ii is to go on her property, she will request that an Environmental Impact Statement be done. e Mayor explained the property owners will receive written notification of any public hearing. public hearing will not be held until a decision is made as to where the line is proposed to go owever, the City cannot stop them from going on the right of way on Hanson Boulevard. No ction was taken by the CounciL ~ LOT SPLIT CONTINUED/17203 TULIP STREET NW/JOHNSON , ., Mr. Carlberg reviewed the request of Tom and Shareen Johnson to split the northern and eastern +/- 7.9 acres from a 1O.5-acre parcel at 17203 Tulip Street NW. A cul-de-sac intersecting Tulip Street is proposed to eliminate the need for variances for lot width at the front setback for both lots. The Staffhas met with the neighbors in the vicinity to detennine if the Johnson's property could be part ofa broader development scenario iffuture subdivision was desired. Those who attended generally supported the Johnson's proposal for constructing a cul-de-sac because it had the least impact on the surrounding property owners. There were some neighbors, however, who expressed concern that an undesirable precedent would be set by allowing a short cul-de-sac to achieve minimum lot width requirements. The Planning Commission had the same concerns. \j "J Regular Andover City Council Meeting Minutes - March -I, 1998 Page -I (Lot Split, 17203 Tulip Street NWJohnson, Continued) Councilmember Dehn noted that once the property is split, the back area will not be accessible for development. Tom Johnson - stated there is a nice place for a house back there, and then it slopes toward the pond. The reason no one wants to bring in roads is because they like the open space. They plan to live in the new house and sell the existing house. , \ ,_J There was a lengthy Council deliberation on the proposal. It was suggested the split as proposed be approved and the cul-de-sac be designated a minimum maintenance street and not maintained by the City. That is one option which would still maintain the rural character of the area. If this isn't allowed, chances are the property will not be able to be developed until the neighbors want to develop, which is unlikely, or until municipal utilities are available, which is not planned for the foreseeable future. The problem is the potential setting of a precedent that any five-acre parcel or larger with 300--- feet of frontage on a road could also ask for a lot split on the same premise, resulting in dozens of the bubble cul-de-sacs in the rural area. The county probably would not support a number of these cul-de-sacs, but ultimately it is a City decision. It was also felt that it doesn't make sense to require the area be platted to accomplish the subdivision into two lots. It was then suggested a policy be established with parameters as to when a lot split with a cul-de-sac would be allowed. Councilmember Omel suggested those parameters could include the lot frontage on a road be over 350 feet and the size of the parcel being split must be 10 acres or more. In this proposal, he would only approve it if the easement strip to the north of the parcel is combined with the parcel being split. Councilmember Knight noted in reality, any road to the back parcel would be a private drive. Because of that, he felt it would be preferable to allow access to the back of the parcel on the strip of easement along the northern border of the parcel. That would allow for the lot split without the issue of a cul-de-sac. He was very uncomfortable with setting a precedent if approved as proposed. Mr. Carlberg stated the Council did deny a variance by using the easement citing a denial did not deny the Johnsons unreasonable use of their property. The question is if they are being denied reasonable use of their property by not being allowed to subdivide it. Councilmember Orttel thought they may be eligible for a planned unit development on this parcel. Mr. Carlberg felt it would not be appropriate here, that it would be circumventing the Zoning Ordinance. J\1otion by Dehn, Seconded by Orttel, that we accept the Lot Split request from Tom and Shareen Johnson at 17203 Tulip Street on the basis of the criteria that the property is over 10 acres and frontage of over 350 feet and that it would be split once as part of the criteria. Include the fact that they combine the northern strip with the main parcel. Motion failed on a 2- Yes (Dehn, Orttel), 2-No (McKelvey, Knight), I-Absent (Kunza) vote. "- ,,~ Motion by McKelvey, Seconded by Knight, the Resolution denying the lot split because of poor road location; not enough frontage to meet the ordinance in rural areas requiring 300 feet of frontage on a road. Motion fails on a 2-Yes (McKelvey, Knight), 2-No (Dehn, Orttel), I-Absent (Kunza) vote. Motion by Orttel, Seconded by Dehn, to table the item until there is a full Council. Motion carried on a 4- Yes, I-Absent (Kunza) vote. -" ~~ ~ ~ ~ ~ .z.'..'U ...' il""'....., ,) I '-rh', i " I 2. ST.. ..- ..- '. ..- - ...~.....f~'~~~ ~ '- ...........,;-......-- -~_...~,."'~,..~-:--_.- ..... - ~~~-;l!"'.. 00" . ;;c;= ..,:.' ',~:....". .#'''.1'''1'' ,~ '" '- I' I; .. .. ., -.... ~ ~ ' l~ , ... ~ .; ~ . ~ " .... . -::::: << J.t ~ .... ~'. ~. .,.' ':r.. ,...",;f. ..........".fl':. :,.:' ,o.":I'Y' .."r" .L'=~:" '. .. . ....; ~,.l rJ.;---." - t, .-~ ,. 1\ <, I::. ,-" '" ~ I q.,... . j'co,. Jf --- J~Q !. , i z Ul I. ~ ~ " :, . ., :I ,,?,," .i'~c .-T-U LI p.'=' I I . 'r ff~ I I I I I :0 , r- ~ \ , I , / fT1 " '" 1 no 3 no '" I :!. 0 0 .. ~ I .. 0 I .. . I a m .. I I I I I I I I \.. ) I I ~ r' ,. " t. :,,~..'''Jf ........,.,." ): .',j,~... ~~ ~~ ). - ~ " 0 ~ ~~ z ~ --..I'" ". . -: .. ---- '. , , , ~~ H~.. . . J..u--.. '. .~~.\-:7J::._ '" ............\. [ t.:....... .' ........- ( I ~ t I:\: Iii ~ I \ I ~ I ~ I. ~ ~ ~ ... '. .' .. .' ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 17,1998 DATE AGENDA NJ. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM NJ. Planning BY: Public Hearing Vacation of Easement 98-01 Butternut Street NW Bunker LLC 3. II"' David L. Carlberg . . np\lpl, . n' Request '\ , ./ The City Council is requested to hold a public hearing to review the vacation of easement request of Bunker LLC to vacate an easement for road purposes known as Butternut Street NW located south of Coon Creek in Section 25. The vacation of the easement is being requested to allow Bunker LLC to plat the area as a part of the Shadowbrook plat. H'istorv The Butternut Street NW road easement was dedicated to the Township of Grow on March 11, 1949. The road easement is thirty-three feet (33') wide and has never been constructed south of Coon Creek. Recommendation Staff recommends approval of the vacation of easement request. Attached is a resolution for Council approval. ,) MOTION BY: SECOND BY: , ) CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF BUNKER LLC TO V ACA TE AN EASEMENT FOR ROAD PURPOSES KNOWN AS BUTTERNUT STREET NW LOCATED SOUTH OF COON CREEK IN SECTION 25. WHEREAS, Bunker LLC has requested to vacate an easement for road purposes known as Butternut Street NW lying south of Coon Creek in Section 25, legally described as follows: , \ The West 2 rods of the West Half of the East Half of the East Half of the Southeast Quarter lying south of Coon Creek (County Ditch No. 57) in Section 25, Township 32, Range 24, Anoka County, Minnesota. , / WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the easement as requested with the following conditions: Adopted by the City Council of the City of Andover on this 17th day of March , 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor , \.~ Victoria Yolk, City Clerk '\ " / c.>rn ::o:z: 0)> )>0 8~ -Illl -::0 00 Zo ^ IDflJDr r S': 0 ~z OJ enro< '0 :::TCID () 0 enen-l:2:::or r- ID ~ 0 OJ :::T :::T 0 -. 0 a.CDID )> r+ IDID IDeo....... CD m O....,~ U1 a.a.o-ro~- :E:JO a OOCD""'I\) G) o-S-:J -f a :E:E<"g,~ a en 0 - S': o-o-IDCD~() m o ~:J 0 OJ ""''''''OID CD :;>\CDm ..., OOID.......ID- a () OOro~,<ro z CD ID Z ::r .......W ...... :;>\:;>\ a. CD ZCD N W W 0 0 ...., C :2:~ s: U1 ...... a. :J " a (!) )> g- :J )> , ) a (!) ....... (Xl a. ...., I " a. CD "U CD w CD r+ "J MRR-04 98 10:58 FROM: 755-8923 TO: 612 755 6311 PAGE: 02 ,) , ) '. " ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 VACATION OF EASE"KNT REQUEST PORK Property Address Legal ~escription of Property: (Fill in whichever is appropriate): Lot %' Block Addi tion ..#'~'..bA:- J;...../ .d'~.~,. -LJ~ /y/ Plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Reason for Request ()Ac::~.e- E~,'J'-'<"..)-; dES.c..A'.'/.c.-"-/ A'€J/1Zh.-?Y ~s.E,-7~ f7" '" .d.:e> /1c=.-~/' A ~4d'. /=-~.~..f-~ ,.+ ~ ~:.s- ~~~--- , Current Zoning /f- 4. !:r;~{ - 6rYl/f Llrba n . ----------------------------------------------------------------- Nallle of Applicant g~~-^-- ---<-A...-C ~ / Address /' G);75,.r /.;4,../.5<'k) ,C:J'/:J=: ~.-J ~_.~, ".dJ. .57~? Home phone Business Phone ;7J~~ ~~~::~:::_-~~~~----------------~:~:_-~=~~~-- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ---------------------~~~-~~-------------------------------------- M~R-04 98 10:58 FROM: TO:612 755 6311 755-8923 " ) VACATiON OF EASEMENT PAGE 2 The following information shall be submitted prior to review by the City of Andover: . 1. Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front. side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses ofi1l1 property owners within 350 feet of the subject property. Application Fee: $150.00 \ Recording Fee: ~ Abstract property --S-25.0~ Torrens property $40.00 3/ Date Paid ~/~ / q ~ Receipt # / I ;y.QO to "1 . \ Rev. 1-27-93 , ) 4-25-94 8-01-97 \. ) P~GE:03 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \ DATE: March 17.1998 .... ~' AGENDA SECTION Discussion ORIGINATING DEPARTMENT " Planning ITEM NO. Approve Bylaws & Rules of the Association! Covenants & Restrictions q\ Shadowbrook Cove Townhomes Association David L. Carlberg Community Development Director The City Council is requested to approve the Bylaws & Rules of the Association, Covenants and Restrictions for the development of the "Shadowbrook Cove" townhomes as provided in Ordinance No. 112, Section 4(6)(c)(10). These documents are located in the front of your packet. Ordinance No. 112, Section 4(6)(c)(10) requires the bylaws and rules of the association and all covenants and restrictions to be recorded to be approved by the City Council prior to the approval of the final PUD plan or plat. , \ } Ordinance No. 112, Section 4(6)(c) provides for the creation ofa property owners association to assure for the continued operation and maintenance of the open space and service facilities when provided in a Planned Unit Development (PUD). Section 4(6)(c) for also sets conditions of the Property Owners Association. Attached is a copy of Section 4(6)( c) for Council review. The documents have been preliminarily reviewed by the City Attorney and Staff. Modifications have been requested and made. Staff is still reviewing the changes. The Council in the motion for approval should make the approval contingent upon or subject to legal counsel review and approval. '. ) '- . .5. Common Open Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall . be provided within the area of the PUD, except as provided in Subsection 8 below. " 6. Operating and Maintenance Requirements for PUD Common Open SpacefFacilities: Whenever and wherever common open space or service facilities are provided within a PUD, the PUD shall contain provisions to assure the continued operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. Common open space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, where only use by tenants is anticipated. , c. Property Owners Association, provided all of the following conditions are met: , " 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of Andover. Said filing with the City shall be made prior to the filings of said declaration or document with the recording officer of Anoka County, Minnesota. 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subject said properties to the terms of said declaration. . , '- ) 3. The declaration of covenants, conditions and restrictions shall provide that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties and common areas in good repair and which shall assess or charge individual property owners 3 / \ , , J , , , J proportionate shares of joint or common costs. This declaration shall be subject to review and approval by the City Attorney. The intent of this requirement is to protect the property values of the individual owners through established private control. " 4. The declaration shall additionally, amongst other things, provide that in the event the association fails to maintain properties in accordance with the applicable rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property its prorata share of said expenses. Such assessments, together with interest thereon and costs of collection, shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and any successive buyer. 6. The open space restrictions shall be permanent and not for a given period of time. 7. The Association must be responsible for liability insurance, local ta.'{es and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. , \ 4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~J DATE: March 17. 1998 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Planning ITEM NO. Approve Final Plat 5 \ Shadowbrook Third Addition David L. Carlberg Community Development Director The City Council is requested to approve the resolution approving the final plat of the Planned Unit Development for the Shadowbrook Third Addition development project. It is recommended that if the final plat is approved it shall be subject to the following stipulations: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. ' 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots '\ and streets are graded according to the grading plan submitted and approved or any revisions o thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. 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. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. Park dedication as recommended by the Park and Recreation Commission. Items of discussion The Council will need to discuss the following: 1. Street extension to the east to provide access to a parcel in Ham Lake owned by Woodland Development Company in the location of Lot 23, Block 3. ~J 2. A lot/unit has been removed to allow greater separation between the single family homes and the detached townhomes at the entrance to the townhomes along 139th Avenue NW between Lots 3 & 4, Block 3. Also the lot/units in block 2 have been adjusted, but the number of lots/units have remained unchanged. ~..) Page Two Final Plat Shadowbrook 3rd Addition City Council Meeting March 17, 1998 3. A variance is being requested to Ordinance No. 112, Section 4(l5)(a)(2)(c)for the separation distance between the townhome units. This subsection requires buildings in the project to be located no closer than one half the sum of the building heights of the two (2) buildings. The townhomes as being proposed will not meet this requirement. The Council should be aware that Ordinance No. 112 did not exist when the preliminary plat was approved. Variance were given at that time to the front, side and rear yard setbacks. Variances were also given to the lot depth and area requirements. Variances granted as a part of the preliminary plat have been incorporated in the attached resolution approving the final plat. The Council may wish to direct Staff to review Section 4 and bring back an amendment for Council approval. Attached is a resolution for Council approval and adoption. \ ,,) . '\ '\ / , ) , I , / '. , J COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -98 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK THIRD ADDITION, AS BEING DEVELOPED BY BUNKER, LLC, IN SECTION 25 & 36-32-24. WHEREAS, the City Council approved the preliminary plat of the Planned Unit Development of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Third Addition. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shadowbrook Third Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance from Ordinance 10, Section 9.06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements. 10. Variances be granted from Ordinance No.8, Section 6.02 for a ten (10') foot variance to the 35 foot front yard setback for Lots 8-29, Block 2 & Lots 4-28, Block 3. \ , J , , , / '- / Page Two Resolution - Approving Final Plat Shadowbrook Third Addition March 17, 1998 11. Variances from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right - of-way of collector streets. 12. Variances from Ordinance No.8, Section 6.02 from the minimum lot requirements of area, width, depth, and rear and side yard setbacks for Lots 2-33A, Block 2 and Lots 4-29, Block 3. Adopted by the City Council of the City of Andover this 17th day of March , 19 --.lliL. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk . '1 '-/ " " '-.) , , ''-.) .-.q... ""O::~I ..;..1.....,; (fl (") :l> r m ~ ~ ~ ii.~n;;__.____ ~iHim~mH ~iiji~i~if~lj Fi ~ 1 l: i n ~ i!: ~t ~ ~ I~ ~ "l"l..~0ii":"f: lil~)!~ ( " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Ericksondl Engineering ITEM NO. Approve Supplement to Supplemental Feasibility Report! C:~ -44/Shadowbrook 3rd Addition The City Council is requested to approve the resolution accepting the supplement to the supplemental feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project 97-44 for sanitary sewer, watermain, street and storm sewer in the area of Shadowbrook 3rd Addition. The final plat for Shadowbrook 3rd Addition has 2 fewer lots than what was anticipated in the feasibility report. As you will note, the anticipated project cost remains the same but the estimated cost per lot has been adjusted accordingly. ., -' \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. \ ' MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING THE SUPPLEMENT TO THE SUPPLEMENTAL FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-44 FOR SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER IN THE FOllOWING AREA SHADOWBROOK 3RD ADDITION . WHEREAS, the City Council did on the 2nd day of December, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 3rd day of February , 19~; 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 $ 638,911,39 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 $ 638.911,39 waive the Public Hearing and order improvements. 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 $ 82,000,00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 17th day of March ,19~, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: \ , JE McKelvey - Mayor Victoria Volk - City Clerk Revised Rate Calculation - Shadowbrook 3rd Addition - Single Family Lots 1. Sanitary Sewer Rate \ , '-j Lateral Benefit ($151,781.30 - $7,410.00) x 1.3 $187,682.69 Lateral Sanitary Sewer Rate = $187,682.69/61 Units $3,076.77/Unit 2. Watermain Rate Lateral Benefit ($113,541.00 - $9,930.00) x 1.3 $134,694.30 Lateral Watermain Rate = $134,694.30/61 Units $2,208.10/Unit 3. Storm Sewer Rate Lateral Benefit $90,748.00 x 1.3 $117,972.40 Lateral Storm Sewer Rate $117,972.40/61 Units $1,933.97/Unit 4. Street and Restoration Rate Lateral Benefit $135,400.00 x 1.3 $176,020.00 Lateral Street and Restoration Rate = $176,020.00/61 Units $2,885.57/Unit 5. Trunk Sanitary Sewer Area Rate , $1,1 04.00/Acre x 22.3 Acres/61 Units $403.59/Unit , _/ 6. Trunk Watermain Area Rate $1, 171.00/Acre x 22.3 Acres/61 Units $428.09/Unit , " ) Shadowbrook 3rd Addition Estimated Cost per Unit (Revised to reflect an adjustment in the assessable number of lots from 63 units to 61 units) '- ) Sanitary Sewer Lateral Watermain Lateral Storm Sewer Lateral Streets and Restoration Subtotal - Lateral Charge $3,076.77 $2,208.10 $1,933.97 $2.885.57 $10,104.41 Trunk Sanitary Sewer Area Rate Trunk Watermain Area Rate Subtotal - Area Charges Per Unit $300.00 $1.275.00 $1,575.00 $403.59 $428.09 $831.68 Sanitary Trunk Connection Charge Watermain Trunk Connection Charge Subtotal - Connection Charge Estimated Total of Trunk and Lateral Assessments $12,511.09 (February 3 Supp. Feas. was $12,163.92) '- / '- / . , ; '.j \ , ) , / ~ Lots to be Assessed in Shadowbrook 3rd Addition * 1 - Lot 1, Block 1 32 - Lots 1-32, Block 2 28 - Lots 1-28, Block 3 61 Total Lots * Lot 1, Block 1 will be assessed accordingly when this area is replatted. This site was originally reserved for a City well and water storage tank facility. Through the development of the City's Comprehensive Water Study this site does not need to be reserved for a water storage facility. A smaller parcel is anticipated to be reserved for a future well house at this location. , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ '-- ) DATE: March 17. 1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Approve Plans & Specs/97 -44/ Shadowbrook 3rd Addition '1. Scott Erickson, ~l Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 97-44. Shadowbrook 3rd Addition for sanitary sewer. watermain, street and storm sewer construction. Specifications are available in the Engineering Department for review. , / . , '- ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ j RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-44 ,IN THE AREA OF SHADOWBROOK 3RD ADDITION FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 029-98, adopted by the City Council on the 3rd day of Februarv , 19--.lliL, and Resolution No.----= 98, adopted by the City Council on the 17th day of March ,19--.lliL, _ TKDA has prepared final plans and specifications for Project 97 -44 for sanitary sewer. watermain street and storm sewer. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of March , 19--.lliL. 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 , Aoril15 ,19 98 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 17th day of March , 19 98 , with Councilmembers the resolution, and Councilmembers resolution was declared passed. voting in favor of voting against, whereupon said CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , " ./ Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 , ) AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Ericksond.h.. Engineering ITEM NO. Discuss Feasibility Report for Stormwaterl ~: -26NHamilton Square At the March 4, 1998, City Council meeting the Council ordered a feasibility report to identify alternative stormwater outlets for the Hamilton Square project. The stormsewer options identified in the feasibility report will be discussed at the Council meeting. A public hearing would need to be held for this improvement unless a petition is received from the affected property owners requesting the improvement and waiving the public hearing. Included with this item are two separate resolutions. The first resolution is if the affected property petitions for a project and waives the public hearing, the second resolution is if the Council \ directly orders an improvement. / "- , '- ../ , ) '. , / . '. , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING THE FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-26A FOR STORMWATER IN THE FOllOWING AREA HAMilTON SQUARE. WHEREAS, the City Council did on the 4th day of March 19lill-, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv EnQineer and presented to the Council on the 17th day of March, 19~; 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 $ 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 $ waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of McCombs Frank Roos Associates 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 $ 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 17th day of March ,19~, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , ) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING THE FEASIBILITY REPORT, CALLING PUBLIC HEARING ON IMPROVEMENT OF STORMWATER PROJECT NO. 97-26A IN THE HAMILTON SQUARE AREA. WHEREAS, pursuant to Resolution No. . adopted the 4th day of March. 1998. a Feasibility Report has been prepared by the _ Citv Enqineer for the improvements; and WHEREAS, such report was received by the City Council on the 17th day of March ,19 98; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: , 1.The City Council hereby accepts the Feasibility Report for Project No. 97- 26A ,for the improvements. 2.The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 3.A public hearing shall be held on such proposed improvement on the day of . 19_ in the Council Chambers of the City Hall at and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 17th day of March ,19.JliL, with / Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: J.E. McKelvey - Mayor . , ,~ j Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 ) AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Scott Erickson,~l Engineering ITEM NO. Authorize Preparation of Feasibility Report/97-49/ ~hesterton Commons 2nd Addition At the March 4, 1998, City Council meeting Mr. Jerry Windschitl of Ashford Development Corp. requested the Council authorize the preparation of the feasibility report for Chesterton Commons Second Addition, Project 97-49. The preparation of the feasibility report was previously approved by the City Council with the contingency that Ashford Development dedicated the necessary drainage and utility easements along Hanson Blvd. The Mayor and staff met with Mr. Windschitl on Tuesday, March 10, 1998, to discuss the project and the preparation of the feasibility report. It was discussed at this meeting that the preparation of the feasibility report only provides the developer with a cost estimate for his project and does not initiate the project for him. It was determined that the preparation of the feasibility report would help the timing of \ the project when the issue of drainage easements gets resolved. - ,I Based on this discussion we are recommending the City Council authorize the preparation of the feasibility report for the Chesterton Commons 2nd Addition project. \ \. ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: March 17. 1998 AGENDA SECTION Discussion ORIGINATING DEPARTMENT Community Development ITEM NO. Metes & Bounds Lot Split 10.Ashford Development Corp. David L. Carlberg Community Development Director The City Council at the March 4, 1998 meeting, reviewed and discussed the metes and bounds lot split request of Ashford Development Corporation to split and deed a five acre parcel from a larger tract of land that is currently being platted (preliminary plat of Chesterton Commons). The deed transfers title of that parcel from Ashford Development Corporation to Jerry and Carol Windschitl. The Council did not take action on this item at the March 4th meeting. The Council first wanted to research what the cost or feasibility would be to drain stormwater from Hamilton Square through the ditch along County Road No. 78 (Hanson Boulevard NW) to Ditch No. 37. The Council discussed the feasibility previously on tonight's agenda. '\ The Council at the last meeting did adopt an amendment to Ordinance NO.1 0, Section 13 that \~, allows th.e City Council to require easements to be dedicated to the City on those subdivisions approved administratively where deemed necessary. Considering the discussions related to the feasibility report, the Council may wish to require the dedication of easements as provided in Section 13, as amended. Staff requests direction from the Council on how to proceed with the approval of the deed. , , "-,' ...... ."1.. 11..'1 - WAJtKA.OrrfTY UI!J::1) c.:~CWl"'anacnb. I"Jf'IIIIIT~. '\ No delinquent eaxes and Iransfer entered; Certificaee of Real Eseaee Value ( ) filed ( ) nOI required Certificaee of Real Eseale Value No. '-..,,-" 19_ COUnty Audieor by DepulY STATE DEED TAX DUE HEREON: Dale: Minncwu Uru(unn C:UDWC)';,ra.:mc Bl:int.s (1978) MiUcr-D-..wis C..... S.. hul (reserved (or recordinc data) FOR VALUABLE CONSIDERATION. Ashford Development Corporation. Inc. -..__.___m________. ___u..... ._.__.__._,a -....--.--~_under!helawsof . - Minnesota. .-- -'--" Grantor, llereby conveys and warrants to Gel'3ld G Windschitl and _ Carol A. Windscltid , Grantee, as joint eenants. real property in Anolca County, MilUlesola, described as follows: Thae parI of ehe Southwesl Quarter of Ihe Northwesl Quarter of Seclion 23. Township 32, Range 24. Anoka County. MilUlesota described as follows: Beginning ae !he Souehwes(corner of !he Sou!hwest Quarter of !he Northwest Quarter of said Seclion 23, thence Nonh 00 degrees 02 minules 19 seconds East, assumed bearing, along the west line Ihereof a diseance of 720.12 feel to the intersection wilh !he nonh line of !he South 720.00 feel of said Sou!hwest Quarter of the Northwesl Quarter; ehence Soueh 88 degrees 53 minutes 56 seconds East. along said nonh line a dislance of 303.14 feel; thence Soueh 57 degrees 53 minutes 02 seconds East a distance of 31.76 feet 10 the easlline of ehe wes[ 330.00 feee of said Southwesl Quarter of ehe Northwest Quarter; thence Sou!h 00 degrees 02 minutes 19 seconds West. along said east line a distance of 703.76 feel co the sou!h line of said (See reverse side) '\ ~J . (if more space i, needed. c:oNinuc aD back! eogether with all heredieaments and appurtenances belonging !herelo. subjecllo !he following exceplions: Affix Deed Tax Scamp Here STATE OF MINNESOTA }u COUNTY OF /\l..'{.A By By A.~hfnrll n..v..lnl"lm,.nr ("urnr,r;"'lnn rnt. /)~I' / \ . W....._ .;~;;'rY Its Gerald G._Windschitl.J1s. President Its The foregoing was acknowledged before me [his J I J-h day of by Gerald G. Windscltitl and ehe President and of Ashford De.'lClopmem Corporal ion, Inc. under ehe laws of -.. ____Minnesota . on behalf of ehe '\ J "'IOTAIUAL :I.-TAMP o. StALIO. OTHI. TrTLE O.RANkl: f@ ..~oy~ ..1_ wn;.'" ......~IafA i~'".~. tI'I(".tWYI~~~.,..at<OOt TlII5IHSTIlUIU(I'lT 'WAS DRAJTID.V IHAMI "liD "DO.US): Seephen J. Nash Babcock. Locher. Neilson & MalUlella Anorneys at Law 118 East Main SI. Anoka. MN 55303 612421-5151 151567 February , 19 98 , , a _ _ _Corporation __ Corp.oration / ) C./fJ f'd'l_ (~~~~:~~ SIGHA TUU cw,tuoH TAJUNC:i ACKNOWl.EClGMENT Tu. Statemcnu (or die real property described in [hj, insuumenl should ~ sene to (include name and address or OnNu): Gerald G. Windschitl Carol A. Windschitl 3640 - 152nd Lane N.W. Andover. MN 55304 , '-) Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a dis.tance of 330.06 feet to the point of beginning. \, '. / r..... ....-...--. .... ... '. '- /' ~M PHONE NO. t" t:..J:! ~ I:l ':Y l~::F- ~'~o.'l CV'lijEftScr'l Feb. 10 1998 03:46PM P3 P.3 , ) , , "- '-~ H III ! , 'J : ! ~ z " :; ... o to ~ - ., j \ , , , " " . ; '. , 612 427 0435 9 3OJ.14 S 88'53'66" E W :to) ~ao Nt'") P..... 0"" 0..- Z SKECTH OF DESCRIPTION FEB. 10, 98 <I .... i N .., t ~ N ~- o 1:: w ~ <l) - ~~ ;;z: a: 3.30..06 . \', N 8S'5J'~ W I' \ SollthwlIlIl OOrner of NW 1/4 \ Sec. 2J. TlIlIp. 32. Rgc. 24 . \AnOlco eo...nt)/ Iolonurnent j' BMdimork , . ! ~ . otI ~~~ . , . , I I ~thwcst ecm... ',/ ec. 2~. Twp, 32. R~. 24 ~ "okG ...,.,nly "'on_t ..... ....... South 11r:~ ot trot Norlhw<!!:t Ouwtllt' See, 23. ~.~' ~ J- \p. \ 'J\t. ~t^, (~Y- N 'C, ':.."- '\ : '\ Q..~ J.. .. : G .. . 's J _ ..'~_ ~ :~ I . g V \ ~ I ! O'J , I ., .~ I " :.~J \ I , / I '-- \, . - . 'SoutnwJrt comer 0-" NW 1/4 \ ~ec. 2~WP' :32; Rge. 24 .' ~~okO nly '-Ionvment . i:" . Ben.chmar1c !\' ,. I , . I . l' lCl , . , III ~~ ~, . I . , I. . I I Southwest Comer , " , Sec. 2; Twp. .32. Rge. 24 ~/ Anoka .I,;ounty lAonument.. . '\ I ~ . . '.: -....... .....f. . ,. ~ '-"; ';" "0:> .'L~2~ ~B ' <'. ........... I ~ :~. :--. \. \ .-- --- ~ B80~'5 .. "" \ . "'.' -- \ '\ .., -. IJ / I - ~ /~//: ..?'-. / 'I...i'\'"i..::., 1 "._~ L- '-. ...., . ~ (/ PIN: 23.3224.320002 HAMILTON LORA G 66154 HWY 10 NW 150 ". ''"',: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . \ " ) DATE: March 17.1998 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. ,.Approve Feasibility Report/98-8/2776 - 164th Ave. NW II, The City Council is requested to approve the resolution accepting the feasibility report and calling public hearing on improvements of storm drainage for Project 98-8, 2776 - 164th Avenue NW. Attached is the Feasibility Report for your review. Please feel free to contact Scott or Todd if you have any questions. Note: If you recall, the City Council has requested staff by resolution ordering of the feasibility report at the March 4, 1998 meeting. , " / \ ,----"') '- -" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN PROJECT NO. 96-16 IN THE 14220 CROSSTOWN BOULEVARD NW AREA. WHEREAS, pursuant to Resolution No. 045-98, adopted the 4th day of March, 1998 a Feasibility Report has been prepared by the Citv Enqineer for the improvements: and , / WHEREAS, such report was received by the City Council on the 17th day of March, 1998; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $10.479.95 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 98-8, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $10.479.95 3. A public hearing shall be held on such proposed improvement on the 7th day of April ,1998 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 17th day of March ,19-.lliL, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: , J.E. McKelvey - Mayor '__ _J Victoria Volk - City Clerk , --./ '- ---) \ \. ) FEASIBILITY REPORT FOR 2776 -164TH AVENUE NW UTILITY IMPROVEMENTS CITY PROJECT NO. 98-8 CITY OF ANDOVER, MINNESOTA ANDOVER, MINNESOTA MARCH 12, 1998 I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. (t~4.1f Registration No. 20833 1 .' '\ 'J , , , -_/' \ " ) STORM DRAINAGE IMPROVEMENTS Overview LOCATION IMPROVEMENT INITIATION RIGHT-OF-WA Y/EASEMENTS PERMITS COMPLETION ESTIMATED PROJECT COST ASSESSMENTS PROJECT TIME SCHEDULE PRELIMINARY COST ESTIMATE LOCATION MAP TABLE OF CONTENTS Description 2776 - 164th Avenue NW Storm Drainage Andover City Council action No additional street right-of-way or easements are required. None The 1998 Construction Season $10,479.95 To be paid by property owner $0.00 To be paid by the City of Andover Storm Drainage Charges based on project cost. See Report Storm Drainage and Restoration Storm Drainage and Restoration 2 \ LOCATION , ) The proposed project is located along the south side of 164th Avenue NW on the parcel known as Lot 6, Block 3, Lund's Evergreen Estates 2nd Addition located in Section 16, Township 32, Range 24. IMPROVEMENT The improvement consists of removing the fill and retaining wall that was placed within the existing right-of-way by the homeowner at 2776 - 164th Avenue NW. The City is proposing to restore the boulevard to the original condition which consists of ditching from the east end of the property to the west end of the property and westward to County Ditch No.6. A portion of the existing driveway will need to be removed and replaced due to a new culvert that would need to be installed. RIGHT -OF-WA Y/EASEMENTS All proposed work will be within existing right-of-way of 164th Avenue NW and easements that were dedicated as part of the platting of Lund's Evergreen Estates 2nd Addition. PERMITS Since all work is performed within the City's right-of-way and easements no other permits will be required from other agencies. COMPLETION , , / 1998 Construction Season ESTIMATED PROJECT COST Attached to the report is a detailed estimate of construction costs from the storm drainage improvements. The cost quoted herein are estimates only, based on current construction prices and are not guaranteed. Final contracts will be awarded on unit price basis. The contractor will be paid only for work completed. TOTAL ESTIMATED PROJECT COST Storm Drainage (ditching, removal and replacement of culvert and driveway, restoration) Total Estimated Construction Cost $8,061.50 Engineer, Legal, Fiscal, Administration (30%) Total Estimated Project Cost $8,061.50 $2,418.45 $10,479.85 ASSESSMENT Proposed assessments under this project (98-8) will be based on the total project cost. I , / Total Estimated Assessment to PIN 16-32-24-12-0006 $10,479.95 3 STORM DRAINAGE 0,,- _-' Item No. Description Quantity Unit Price Amount 1 Remove & Dispose of Existing 27 S.Y. $6.00 $162.00 Bituminous Pavement 2 Common Excavation & Hauling 370 C.Y. $7.00 $2,590.00 3 Aggregate Base, Class 5 (Driveway) 7.1 Ton $20.00 $142.00 4 Bituminous Wear Course Mix (Driveway)4.1 Ton $150.00 $615.00 5 Salvaged Topsoil & Respread 1 LS $150.00 $150.00 6 Haul in Topsoil & Spread 43C.Y. $9.00 $387.00 7 Sodding 778 S.Y. $3.00 $2,334.00 8 12 inch CMP Culvert with Aprons 42 Ft $15.00 $630.00 Subtotal $7,010.00 Contingencies 15% $1 ,051.50 , Total Estimated Construction Cost $8,061.50 / , '. 4 , PROPOSED PROJECT TIME SCHEDULE 2776 - 164th Avenue NW Storm Drainage Improvements City Project 98-8 Andover, Minnesota 1. City Council Receives Feasibility Report and Orders March 17, 1998 Public Improvement Hearing 2. City Council Holds Public Improvement Hearing, April 7, 1998 Orders Project, Authorizes Engineer to Prepare Plans and Specifications 3. Engineer Submits Plans for City Council Approval and April 21, 1998 Receives Authorization to Obtain Quotes 4. Open Quotes May 11,1998 5. City Council Receives and Awards Quotes May 19,1998 6. Contractor Begins Construction (Estimated) May 26, 1998 , 7. Contractor Completes Construction June 12, 1998 i i - ! \ 6 , , ,~ <.-r :::::: ::::::::::::::::~:: ~ :::::::::::~:::::::::::::: ..~ :::::::::::::::::::::::::::: :.: :::::::::::::::::::::::::::: .:.: :::::::::::::::::::::: :::~:':.:::::::: ::'::::-::::-:::":::::::: :.. ::::::_ u. uu., . ....................... ....................... .. .. ..:.............................:.. ............_..........;:...............L..........:............................ ... ................... ." .. . ..: ;7:~:::::~..,~...::.~.. :.......:.. ...................... .: ..... ............ ...................... .:.......... ... .........:....................... ...:. ...... .. '0 .0.0 ...... _. ......... ........... ......................~.: ..... .....................:....................... ." . P.:iottli ll-N lU~ S..~'Uo!IlC: . I .......................tl..: r:.....:.a~.-.SO...It.u;..,.51U............... ::: ~: .':"'l;~~.:::::::::~:::::~ :::.:.:::..::::::.::::.::... ...... ... ........ tltl\...... .......... ...................... ., ..........()ooo~.p...,..~"'"' . ',.. DtT........OU~ "",t. l'J..".ti. Z~~\ . .... ........ ...... ........... ...... ...................... .: ..",......C_.;l1l1lU.'"'4Wl.~.:::::::: ...: ..... .....................: ............................: ...... ....................: ...... .... ............ .. ~~ -r. OI.\.&WA:;c'-t....~L .0... .............................. ............................: .... ........................ ...... . ....... ........:.:W ::..:. ..:::::.:::....... ';' ..... ............. . 4;~U.;;.!).t:iMU: '6A~""""'"'''''''' ....:.. .. ........... .......:..... .:.:::::::::.~::~+.;~;.~~}2;:] ~;:;:;;.;::::;::;;;;;;::::I;::::.::::::::::~::;::::T::::::::::::;:::::::::::: ~2~~i~...:::: ......................... ............................. ...... . 1 TO>> OESlC'N : :2..r..t!':n...H-<-o{).. ......... ....... :::: .::: :.::::.:: : :':: j:.::: :.::: :'::::'.:: :.:: j:: ::.: :::.:::: :.:: ::'.::: ::.::::f.;:: :.:: .: .::: :.:: ::.::: .:: ::T: . ,.,:::.,,::: :.:.: :.:.:: ::.:.::~}:: :.:.:: ::.:::: :.:::::.::: ::.:: ::.~ ::::.:.::: :.::::: ,~: .. , \J " '.. ,J \~ Q U .. 4 N ~ . i ~ ~ = , , CI;n' OF , OAK GROVE, ANO}SA CO. . ~ J'~' ~ '1/, "J~@ '~IIII~,," r "'" ..... U TS F. It..or ITOFANDO .. I . r.;;.>/' /, .: ' ~,,~ _ ~ .' I . f"'. ~1 ,,,I~~ I, "-I I I "'1 2, - f---,. ~_.; .1 f-:C~~~L. : I ~~~ I 0' I _I. --.J I L . .' ,'0,.:.- 7 . . ~ fRlVfR'Es1~17:E. ~-4- I . .\~'~~,. . 1:1 AI .K. f. .....:..J A\----~.~M . . ~r'l-~1~~-' . R.L.S.1""47 . J '1-- ') \ .(C .' ~. ..,~"';". c.' ~rf?:v.<:~ ~,\ : '0, ''-Or r.: E' " ,'+. ]V .' j ~rff /. I I ,I . I , I , I - I ' o.u:. ...'.:....- I i '_ . ~ " c....1 , tCDAR HLLS .STATFS . ,,~ ":<' SlllTE.' . ~' I I '-- I /.. . . 'I- I I I I " I . :... f ~ . . I. . r---. ;~" , .1 . . '. ~.,I . A.~'.'...'..! I I. '1' . ,!-i-I."_I':'., I ~ Y ../J/" If-~, __' . ..' ,17 7l..'I:' '~'I. ,! . ~ ,~V;--f---!-/~~- ---- I I 1 . 0 . "'t ' . . I ~ 'HILL~ '~.I . . i i I - '11/_J:.l~'J~~ N' I F1= '",""~"'" ~ - .21..:~~ . II". I I iU' G~ i\ . ..f-.-.~ \ ;:,,:' . ~Yl" I . H ' 'I I I 1 f ,~ID:{~$ ~ ' .A Ci~ S \', , ~ ~ ~~. :,~:\~' s:". '. : 11111 111,'111 '_lL'_l '.~ ~D#-LLJ 2 I':' "', '-",-~ --- ~~I~." ~'41~'<" . 3' 1-' ! - .;;~!~~' ';'H1 O~~b~ . ,\, I ',il. ~ "~'I~ .1' " . .1.I&hAR i'ii~""I'I,,'1 ~...i5E~' f-~'S'..' 'PlN~:t14"8 'I I '.J.; l/;/ro..~ ~. lnL~~OI'z '::A~ '"7 ~ "'I' . . 0 ',," .. ". I I -R'If!'O..w. s '=0001 I ~. L ,; ~-. ."',.---r.I.,.,."...."....'.I.,,,.'.,.'.11 0....- ". I 'of' " . ~.... . 'ol~G . r,' ""- --..... .,.. T'~". ..". ",~...., 2No''Ai1O:f. 'i1 n \ ~ .t\"-;;}",;'I:~ n-~T'$I"'I j,. ,... '. I I 'If.l. ?,' 4"" ,.....-L...l.,.:.~~!' ~='n'.'nL.:nJ; .... ..".., -.-- n".. --~-_ j ~_ ________ . _ _'_ .:JL' l'lL: ., ., ~.~.. VALlC!' VIEOo'I.j", - - ----l '!,F--h _ ___ _~_\-,,_ _ , \. , " .. I I '. ;~,~f>:"5r' . ~ 'S'I.~STA,ES.f1.i.".I.: I' I Ii . r-:- .j. .':f:l: '1-1'('1' i , ~. ~t:'~/I7': .:;-.:;.!-~:J8 - ..l -:..c~~ _, ~ I .~~ _ _ __;:i0~ , _ hn___ ~_~ .\f-.;--:I;:sf;T&-I;:.\'~.n ' ~/'I'q~4Kwioo~ '(~lfN~Y~, _ --. r \.7..... ~'-.".::: . y '\ -.' I.. " " " '-- ~.. . .~ 'j...' , s-n:..."" , 2. E'$ T;A T. S ,;- '........ ...- ~...--'>~1 A~" ... II ""f";'':''. l' I I ,. , . ! ,~ ' ~ ;;ri'j'f/.' .~' I >\;"i( ,'-0(,":' '. ",,', ' ILl " 'fI---:PR'1'RI.,1 .21 . :11 ., t 'J( ~:oU-~ '2 j' r ' !,(.'-.,; . """, PIN. ; I I . <; -.......::: .~ '/,..,.-,!", "CREST'I' , '4 ': 'MEA,?OWS'J'; . I. I 10'OITjO'Y , 3' . I' ~ W WI , : . ,\ , i . 'I 'I ,~I' 2/.' I ! Ii: I ..: i I. iUNoS, i 'EY.tR~012. . I ol7~;oa5 I :1; '_~ ' '~L' i.~ MEAOC7ItS'/ ; T I I 0 . .STAr~13'1jj '5bt' . 81 8 i 'f\f\5 - TIMBER,! I ~I I I I! gj ",0:. _c' 1 , . . r-. .4. ; I I V' I ,;' 4 0. I . I 7 I . '1 . S 4 I ~h- I - II '\. ".0;;.. ~ I I 2 f.~f. 'f"Tjt: r i --;-- 4 . I . ~"-" ...... ' , , I '. '5' -, I I I, . ~G: ADD.---'-- o .....j; ','1 :'-..,.1.2"i.I,'II~".11 ' '''':'' " :"~.-l' ~ L~fl I i III I 1/,"- . . I ~l~...,. ".. .' . ~/ ~1el[ . }-., ~" I /L . I' 1t.1 . .r:-/ (f'"~<S' I ~ csnrcr ~~S.,., I <"';hr. '--CCCC"-C I :/'1:A ------,.... .Iaf. ~ ~. ~ "'\ ~. 15'k~tl/. I // ~ ZJ - (" ~ I '. I I~f -' !.~\~I . .:/.":-- ~: .2 S~~~ ~ I 'OO"! ;"1-1 .. I ~r.;... 11/','1'41'~"\~5;' .;j-i-j. I.tl,tl~~-. ~I I .~ L:~ ~,,,,.oo ...' I I I I 1 +o<:~~. , 'ztl 7' ~f." rH I I I I ~o.. ' I - , '- - I / L 11'''''. ~~o, - ~o,~' rHI ~: I~' J~, ~I.' . 3 ~O I '-1 '/ " ,~ . . _. /, 1 I., I Is I" I I ~ '~1:'~..... 11-. II .,5 ~~.~.!'" , r , :, 'l!.I~.' . /' --. k.. ~ ~ rj!il, in M 7 -:'~.~~(" 1/"jli1tmttr: ~ /, ~"~~)t r- I ~~ r, ,3 ,,,:,,::~o.I~.;;:: _. -. rrlI\---~.~~-V-. I -=rj.i~.f.~'\':.>\' I;" , 'I ~ii'~._~_.~.. . ~. . .-'1--= I ;?~;NT. ..D)l,~',i~- .. .. ULJ I . \. . "T - ~ . -'I ~j~rS~ I-c- H-_ - -~~____+_ I)~/.. 1.1: -F. /r!4,'~, , I 1 I __ I ~ ~';- '" .'.iT"=tTt f- .,---+-. f- ,_. 1\ ;\ J . _ , ^~"V'!.. -t. I / ,,' -i .t:l/~: --:n r~ I4AR.~ ~-...:,;....-- '0 , . I~ \ '--) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION - "- "~ DATE: March 17, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committees, Commissions Administration Richard Fursman ITEM NO. Approve Ordinance No. 216, City Administrator ~. REQUEST: The City Council is requested to consider adopting ordinance number 216 establishing the position of City Administrator. The ordinance has been modified to update and bring together the 1975 and 76 ordinances, with the Position Description. The major changes for council consideration are as follows: "- j Section 1. Position Summary. This summary is an expanded form of the "General Statement of Duties" section of the original position description. (See General Statement of Duties; Position Description) Section 2. Maior Area of Accountabilitv. Hire and Dismissal of Employees The Administrator now has the responsibility of recommending to the City Council individuals for employment and dismissal. I am requesting council input on the idea of the administrator having direct responsibility to hire and discharge budgeted temporary personnel. These individuals would staff positions such as warming house attendant, summer grounds crew, interns and like temporary assignments. Responsibility for Negotiation for Equipment, Merchandise etc. The Administrator has the responsibility to negotiate contracts for and kind of merchandise, materials, equipment or construction work for presentation to the Council. I am recommending the option of delegating contract negotiation responsibilities when appropriate. Section 3. Backl!:round and Exoerience. This provision was given a general upgrade and can be compared with the "Minimum Qualifications" provision of the Position Description. '\ , ) Page Two Approve Ordinance No. 216, City Administrator March 17,1998 ) \.- _/ Section 4. Term of Office. This section has the most substantive language changes. It appears the original ordinance was attempting to combine language from several areas of the personnel policy including probationary period and discipline sections. I have removed procedural language for probation and discipline and included the language "...in accordance with the rules and procedures set forth in the City personnel policy. " Note: There are options available to the Council when considering an employment agreement with the City Administrator. I was hired in 1994 without a contract, but rather was considered a "regular" hire employee governed by the personnel policy like everyone else. The council could opt for an employment agreement, or simply keep it the way it is. I have no preference. , '. J , / I '- ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 216 An Ordinance repealing Ordinance No. 31 adopted September 16, 1975 and Ordinance No. 31A adopted May 13, 1976. AN ORDINANCE ESTABLISHING THE POSITION OF CITY ADMINISTRATOR AND DEFINING DUTIES AND RESPONSIBILITIES The City Council of the City of Andover hereby ordains as follows: The position of City Administrator is hereby established providing for the Administrator to be the Chief Administrative Officer of the municipality. Section 1. Position Summarv. , J Directs and manages all City operations as delegated by the City Council within the parameters of state statute and City policy to ensure the effective and efficient operation of all City departments through a subordinate department head structure. Serves as primary liaison with the City Council to inform them of relevant projects and issues. Recommends policy changes and communicates council decisions to appropriate City staff. Guides the development and implementation of departmental management, human resource and labor relations policies and practices. Serves as the City's key representative in cooperative efforts with other governmental or private entities. Responds to citizen questions and complaints either directly or through appropriate personnel. Reports to and serves at the discretion of the elected mayor and council. Exercises supervisory authority over all City employees, through a department structure. Oversees all hiring, promotion, and termination recommendations as well as rewards, discipline, grievances, training, performance appraisal and other employment conditions. Directs and oversees the development of annual City budget and periodically monitors revenues and expenditures against approved budgets to ensure the soundness of City finances. Section 2. Maior Areas of Accountabilitv. , Supervise directly or indirectly all personnel of the City, making recommendations to the City Council regarding employment and dismissal. Budgeted temporary personnel may be hired and discharged by the City Administrator. , j , , ) Administer personnel matters for the City consistent with City personnel policy. Develop and issue administrative rules, policies and procedures necessary to ensure the proper functioning of all departments. Negotiate or delegate the negotiation of terms and conditions of employee labor contracts for presentation to the City Council. Inform the City Council on matters dealing with the administration ofthe City and prepare and submit to the City Council for adoption an administrative code encompassing the details of administrative procedure (personnel policy). Attend and participate in all meetings of the City Council. Coordinate the preparation of the City Council, Planning and Zoning and Park Commission agendas. Recommend to the City Council such measures as deemed necessary for the welfare of the citizens and the efficient administration of the City. May attend at own discretion or at the direction of the Council, other committee and commission meetings. Represent the City at functions as directed by the Council. Maintain good public relations with the citizens of the community. '-. l Consult with officials of both public and private agencies as may be required, while maintaining knowledge of federal, state and county programs which affect the municipality. Oversee the preparation of annual fiscal budget and capital improvement plan. Maintain financial guidelines for the City within the scope of the approved budget and capital program. Ensure reports are submitted to the Council on the financial condition of municipal accounts, and ensure the annual financial statement is prepared in accordance with Minnesota Statutes. Supervise the purchasing function of the City, by ensuring all purchases are in accordance with approved municipal budgets. Has the authority to sign purchase orders for routine services, equipment and supplies for which the cost does not exceed one thousand dollars ($1,000). Present to the City Council all claims resulting from orders placed by the City for Council audit. Negotiate or delegate contract negotiation responsibilities for and kind of merchandise, materials, equipment or construction work for presentation to the City Council. Coordinate municipal programs and activities as directed by Council. Monitor all consultant and contract work performed for the City. Coordinate the activities of the City attorney. " ) Take an oath of office, be bonded at City expense with a position bond to indemnify the City. 2 \ ) Perform such other duties as prescribed by law, required by ordinance, resolutions adopted by the Council and as apparent or assigned. Section 3. Back!!round and Experience. Bachelor's degree (Master's degree preferred) in public or business administration, finance, economics or related field and ten years experience in municipal government administration with at least five years in a responsible management position. Considerable knowledge of municipal government operations, procedures, public relations, finances, purchasing and all administrative requirements for proper municipal operation. Have knowledge of or access to all laws affecting the municipality. Have the ability to provide harmonious relations with municipal employees and the general public. Have the ability to plan development, to collect material and analyze for reporting and to conduct and implement standards of procedure, operation and organization. Excellent oral and written communication skills. Bondable at City expense, through a position bond which will indemnify the City. ) Section 4. Term of Office. The administrator shall be chosen by the City Council solely on the basis of training, experience and administrative qualifications. The City Administrator shall be appointed for an indefinite period by a majority of the City Council and may be removed from office only by a majority of the City Council in accordance with the rules and procedures setforth in the City personnel policy. Adopted by the City Council of the City of Andover on this 17th day of March. 1998. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor ) 3 CITY OF ANDOVER POSITION DESCRIPTION , '\ ,-.' POSITION TITLE: City Administrator Administration DEPARTMENT: ACCOUNTABLE TO: City Council GENERAL STATEMENT OF DUTIES Subject to City Council direction and applicable laws, the City Administrator shall direct the administration of municipal affairs. The City Administrator shall see that all laws, ordinances and resolutions of the City are enforced. MAJOR AREAS OF ACCOUNTABILITY Supervise directly or indirectly all personnel of the City. Recommend staff employment or dismissal. Administer personnel matters for the City in conjunction with policy established by the Council. Attend and participate in all meetings of the City Council. Coordinate the preparation of the City Council, Planning and'zoning and Park Commission agendas. " / Develop and issue administrative rules, policies and procedures necessary to ensure the proper functioning of all departments. Oversee the preparation of annual fiscal budget and capital improvement plan. Maintain financial guidelines for the City within the scope of the approved budget and capital program. Ensure reports are submitted to the Council on the financial condition of municipal accounts. Represent the City at functions as directed by the Council. Maintain good public relations with the citizens of the community. Supervise the purchasing function for the City. Ensure all purchases are in accordance with approved municipal budgets. Coordinate municipal programs and activities as directed by Council. Monitor all consultant and contract work performed for the City. Coordinate the activities of the City Attorney. Perform such other duties as apparent or assigned. .\ J,{,Jr , Mayor { 1 - ).0 -13 Effective Date Page I of 2 \ ,~ MINIMUM QUALIFICATIONS Considerable knowledge of municipal government operations, procedures, public relations, finances, purchasing and all administrative requirements for proper municipal operation. Ability to ensure harmonious relations with municipal employees and the general public. Ability to plan, to collect material and analyze for reporting and to conduct and implement standards of procedure, operation and organization. Excellent communication skills; both oral and written. Bachelor's Degree in Public Administration or related field. 4-6 years progressively responsible supervisory/management experience in municipal government. Bondable at city expense, through a position bond which will indemnify the city. , \ ,-_-.J '\ \.. ) Page 2 of 2 ~ ORD:='A):CE ):0. ~l \ '--_/ CITY OF A:'-<DOV ER COUNTY OF A?'Qt~A STATE OF ML1\;NESOTA A): ORDINANCE EST ABLlS ~NG THE POSITION OF CITY I\.D\/;.::):ISTRATOR AND DEFINING HI ~IES AND RESPONSIBILITIES ,:,;.:= GTY COU~CIL OF ANDOVER DOES ORDAIN: '7('>"/ 1.01 The position of City Administrator is hereby established and 'he! "he.:l ~e the Chief Administrative Officer of the municipality. ( J~. . . J{.J./'- H<( shall be chosen by 6e City Council solely on the basis of hi1 training and experience and administrative qualifications. The City Admhlistrator dl:C:: bc appointee for an indefinite period by a majority of the City CO'.mcil 2.:,d :TI:.'.";, b~ removed from office only by a m~oc2-ty of the City Council, after t.'1.irty '.::;~l.) c,,-:e:J.dar days written notice. If hi as served as City Administr?tor lor one Y'.';.t?'. .....ritten charges and a public hearing on the charges gefore the City Co,tl1cil '::~:l:: be ?!'ovided if requested prior to the date wherein hio/~oval takes p;acc. -=-:", ')~"<ic heari!1o" m'"st be hele. within thirt'-' '.30) calendar days after presc!1:-:>';;-)!1 . ,~'~ ] . <- c': ::~C charges a!1d he/rf~ust receive the cha!'ges at least ten (10) calendar C?ys ")'~ ~fJ --,.,. 4.1, e ~"bl; c h pa~l' ng '..J - . -"-- /~' h -- ,. - . 1. 02 The duties and respo!.sibilities of the City Ac.ministrator shall :}(-' : 1) Subject to City C01.1!1cil !'egulations and applicable laws. the City Administ!'ator shall cont!'ol and direct the adJ"0.i!1istratio!1 of mu~iciF2.1 affai~s. .2) The City Administrator shall see that all laws, ordin:>.nces. and resolutions of the City are enforced. 3) The City Administ!'ato!' shall su?ervise the activities 0: all municipal depa!'t:nent heads and personnel of the City i:1 the administration of municipal policy with authority to cf:,'ctiyely recommend their elnployrnent or removal. 4) The City Admi:listrator shall attene. rgc participate 1.."1 a:: J,." r 4.. C'~ C '1 TT-_/~ b -." ," rnec.lngs o~ .:1e l..y O'..lnCl. nC( sna. e responSl:."I? ,,-'r the preparation 0: the City CO'..lncil Agenda and recol11!~~c!ld to the C:.ty Council such =easures as he/~*decm. !1ec.!ssary for the welfare of fIr;. citize!1s and tl,1e _efficient adrnin;scri'.tio!1 of the City. He!4iay attend, at hii~cretic!1 or at t11C di!'ection of t;;e City CO'-'!1cil. othe!' cO!'):lrr..ittee and co"~mj"sjon rneeti!1gs. "- \ , J ~ \ ':>} cjJ-- Hjshall be r~s?onsible for the preparaticJn Plan.~ing and ZO;1ing Con"lr~i.istiion P~6cnclas. of the \, ./ 6) The City Adn-.inistrator shall prepare an annual fiscal budg,rJ.;nd capital improvement [_Ian for the City Co"ndl. He/~all m.ai;.tain iil.ancial guiC:clines for the oTIunicip;:.li\.y witp-~~e scope of the approved hudget ~r.G c:;~pital r,ro~.-;,.J:. He[ihall submit reports to the City Council on the financ:ia: condition of n1unicipal accoun.ts ar..d mo.kc sure L4C L1.r..rjt:~1 financial staternent is prep2..red in accordance with :vlin;"(;S0i.~ S;:atute s. 7) The City Acirninistrator shall handle all personn.::l rnattc;'s l01' the City in co)!,junction wit.'-l policy established by the Ci~y Council. H~ll negotiate or delegate the negotiation 0: terms and conditions of ernployee labor contracts for presentation to the City Cour.cil. 8) The City Acimi:.-.istrator shall represent the City at o~ic:i...; functions <is directed by the City CO\..::1cii a:lCl :i"1~ain~~~r.. b,J'J(~ public relatior-.s '\vitn the citizens of the CO rY...n1 unity. , 9) The City AcJmi...ist;'at~r shall act as purchasing <:.;;ent for the City and be rcspoj-...siblc in nla..~ing all ?\.i.rChaSC6 ,i;;JI-v d ." ." I' cJ ' ",4:Y" accor ance WIt.. tne ajJprovec. munICIjJa c.u ge.;. 1-,] ",.~<..., have the authority to sign purchase orders for rou:ine se:rvic.cs, eq\;.ipment anC: supplies for \'vhich -;:he C05i: Lv'.;.::- not exceeci one thousand and n%ne hundredths dollu.rs ($1,000.00). All clai.fls l'esulting frorn orciers.pl<...ceG ;;,; the City shall oe audited for Dayment by the City Co,mcil. ,.......c.....- J,. . He(snall negotiate CO;",tl'acts ior any l<ind of rr:.ercl-.ar,cEse, n'l.aterials, equiprnent or construction work for prescr.tz-i.io;. to the City CO-..Jncil. '- ) 10) The City Ad;;-,inistratol" shall coordinate municipal ~Rc;r~.-,-,s and' activities as direct~d by the City Council. n~/~:;;:n monitor all consultu.nt and contract work performed ior :.i,(; ""I'~y 1-1 /L'"t.-a.J.' coo"d,,)-te -'. e .C'.I'v'-I'es or '''e r;~y ^.to.... .... v L.. q-~..... 1 J,..L... Go. L....l ~ L..L~ J,. L...... _.... r.... ......e;. 11 ) The City Administ;'ator shall be iniormeci regarclin;; i"c;<.;r...:, . L state and county programs which affect the municipu.li:y. :;ci;; t..- shall consult with officials of both public and private agel:ci,,~ as may be required. \, , 12) The City Adn'li1.istrator s;;.all inforr.'l. the City Council on :T,ai:ters dealing with the admir.istration of the City and prepU.re ..r.C: subn.it to the City CO'.lncil for adoption 0.,1 adlninistru.tive cc..c." encompas sing the details of administrative procedure. " j , '-J 13) The City Adm.i~trator shall be required to take an oath of office. He/;?hall be bonded, at City expense, through a position bond which will indemnify the municipality. H/ck:;l perform such other duties as may be prescribed by law or required of him by: ordinance or resolutions adopted by t.1,.e City Council. 14) !.03. The City Administrator must have considerable knowlet~;,;.e ':Jf '1;':~~ci!Ji1.1 government operation, proper procedures, pU:'llic relations, finances, . , -:::~:!"'Ci;s:n!J, al!d all administrative requirements for proper municipal opt'!'2.t:on. n~ust nave knowledge of, 01"..fbility to acquire full knowledge of all laws :J.:r-::<:~'.:1b the municipality. Hq'~~st have the ability to pr.ovide r~:r-monious rc:!~tions with municipal employees and the general public. Helthu~t have the :J.!J:l:ty to plan development, to collect material al!d analyze for reporting and :0 t'('!'uuct and implement standards of procedure, operation and organization. ':')-'is ordinance shall become effective from and after its pas sage and ::,::b:ic;:>.~i')n as :-ec;u~red by law. '- _/ Adopted by the A.TJ.dover City Council on this 16th day of Sentembc>r 1 (,47'S. CITY OF ANDOVER .# . / .. r/, .. .:: i / . ;(l V /1.//. ,. ,,_ -l.t" .' /~/' ';"" r I .' .~..., Richard J. Schneider - .!v:ayor I . '- J...T'::-:ZST: . I ,.-,", ,".. ';v..,;./..-/( "l - ------.- ~j~~::!.~t:':a ~.:. Li::dquist - Clerk/Trc2..surer " , j CITY OF ANDOVER CUUNTY OF ANOKA STATE OF MINNESOTA \ '--./ ORDINANCE NO. 31A AN ORDINANCE REPEALING ORDINANCE NO. 3,1, AN ORDINANCE ESTABLISHING THE POSITION OF CITY ADMINISTRATOR AND DEFINING HIS DUTIES AND RESPONSIBILITIES The City Council of the City of Andover does hereby ordain: Section 1 Ordinance No. 31, adopted September 16, 1975, is hereby repealed in its entirety. Section 2 \ , ~ The_"City Council" shall be substituted to replace the title of "Administrator" and/or'City Administrator" in all resolutions and/or ordinances adopted by the City Council. Section 3 If any section, or subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. This Ordinance is effective from and after its pas sage and publication. Adopted by the City Council of the City of Andover, this 13th day of May, 1976. " , J , .- "/ '. 1;/ : I" A,.-c..,.-.f, d.Y'I'>~~~.~'n Richa'rd J. -~tneider - Mayor !,"! Sec. 3. Employment Practices and Procedures. \ , --./ (a) Applications for employment shall be encouraged from all interested parties. (b) Selection of a candidate for a vacancy shall be made on the basis of qualifications for the position, regardless of race, color, creed, religion, national origin, marital status, disability status, with regard to public assistance, political affiliation, sex, age, and sexual orientation. (c) Procedures for recruitment, interviewing, and selection of personnel shall be under the direction and authority of the Personnel Director in compliance with all appropriate statutes, rules, and regulations. (d) All position vacancies within the City shall be posted internally. . (e) At no time will any relative be supervised by a family member. (f) Employment in any position is subject to approval by the City Council. However, at the discretion of the City Administrator, or designee, a provisional appointment may be approved until the Council's employment action. (g) Section 3 shall apply to all full-time, part-time, and seasonal positions of the City of Andover including those represented by a bargaining unit. ... Sec. 4. Probationary Period. (a) All newly hired or rehired employees shall serve a 6 month probationary period. (b) At any time during a probationary period, an employee may be discharged at the sole discretion of the City. No cause for discharge is necessary. " , j Sec. 5. Resignations. " I (a) An employee wishing to resign from the City in good standing shall provide the City with a notice of resignation at least 14 calendar days in advance of the effective date of the resignation. This provision may be waived at the discretion of the City. (b) Failure to comply with the above procedure may be cause for denying future employment by the City and denying severance pay. Sec. 6. Dismissals, Suspensions and Demotions. (a) The City will discipline, suspend, demote or dismiss employees for just cause only. The following are deemed appropriate forms of discipline; however, the level and order of discipline shall be at the discretion of the City, based upon the nature of the infraction: (I) Oral reprimand and warning; (2) Written reprimand; (3) Suspension without pay; (4) Demotion; or (5) Discharge. (b) Written reprimands, suspensions, demotions and terminations shall be issued in writing. 7 ~) (c) In accordance with Minnesota Statute, an employee may request a wrinen statement of the reasons for discharge from employment within 5 working days of such discharge. (d) Disciplinary actions in accordance with sub-sections 6(a)(I) and 6(a)(2) may be carried out by the appropriate supervisor. Additionally, a supervisor may temporarily relieve an employee of duties for the remainder of a shift or work assignment with pay. (e) Disciplinary actions in accordance with sub-sections 6(a)(3), 6(a)(4), and 6(a)(5) may be carried out by the City Administrator, or designee. (f) The City Council shall take final action relative to the discharge of an employee, if the discharge is contested. (g) Section 6 shall apply to full-time and pan-time employees. (h) Due to the length and nature of seasonal employment, a seasonal employee may be discharged for no cause at the sole discretion of the City. Sec. 7. Lay offs. (a) The City of Andover may layoff employees whenever such action is necessary due to the discontinuance of a position. (b) A full-time employee who is laid off from employment due to a discontinuance of position shall be provided with a minimum of 60 days advance notice of such layoff. (c) A laid off full-time employee shall have rights to recall to the same position from which the employee was laid off for up to 6 months following the layoff. At the conclusion of the 6 month recall status, the employee shall be separated from employment with the City. (d) Pan-time and seasonal employees may be separated from employment due to a discontinuance of a position without advance notice and shall have no rights of recall. \ , / Sec. 8. Personnel Pay Plan. (a) The City's Personnel Pay Plan shall be adopted separately by the City Council. Sec. 9. Transfer. (a) In the event an employee transfers to a different position, either voluntarily or involuntarily, the employee's placement on the appropriate salary schedule shall be at the discretion of the City. (b) All employees shall serve a 6 month probationary period in any job classification in which the employee has not previously served a probationary period. Sec. 10. Reassignment. (a) The City retains the full right and authority to assign and/or reassign job duties consistent with the tasks of the position. Sec. 11. Temporary Duty Assignment. r '1 ,_ J The purpose of this section is to establish a policy for temporary duty assignments for employees consistent with the City's responsibility to provide services to its citizens: 8 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '- / DATE: March 17. 1998 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Scott Erickson,( Engineering ITEM NO. Update/Hiring Process/Engineering Tech 4 )3. The advertisement period for the Engineering Technician 4 position closed on Friday, March 6, 1998. We have received twenty eight (28) job applications for the position. If the Councilor any members of the Council wish to review the job applications and be directly involved in the review and/or interview process for this position, we should establish some times and dates to review the applications and set up interviews. A possible schedule is as follows: 1. Meet to review and discuss applications March 25th, 7pm-10pm 2. Have interviews (5 - 6 candidates @ 1 hr ea.) April 8th, 7pm-1Opm April 9th, 7pm-9 or 10 pm / 3. Review background checks? April 15, 7pm-8pm The staff interview team for this position would be Dick Fursman, City Administrator; Scott Erickson, City Engineer; Todd Haas, Asst. City Engineer, Jean McGann, Finance Director, and Vicki Volk, City Clerk. If the Council is comfortable with a staff review and recommendation, the interview process would be held during normal working hours. '\ , , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , i DATE March 17.1998 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Finance ~ JeanD. McGann~ lITEM NO. 1~. Approve Union Contract REQUEST: The Andover City Council is requested to review and approve the 1998 Union Contract and State reporting documents. The City Council previously approved the Union Contract on December 16, 1997. Attached is a copy of the 12-16-97 agenda item and the changed contract language. The full union contract has not changed since the )ecember 2, 1997 Council meeting. A full copy of the Union Contract is included in the December 2,1997 agenda packet. BACKGROUND: The Public Works Union has ratified a contract which, upon City Council approval, will be in effect from January 1, 1998 to December 31, 1999. In 1999, the only items open for negotiation are wages and benefits. The City Council has previously reviewed this same Union Contract and the Union has just recently approved it. The attached LeER Supplemental Uniform Settlement Reporting Form is a new form required to be filed with the State. This form must be filed within 10 days of City Council approval and must be on display for public inspection for 3 days after City Council approval. NOTE: Please contact me prior to the Council meeting if you need an additional copy of the Union Contract or have questions or concerns regarding this contract. \ 1/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 16. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Aministration Richard Fursman ITEM NO. :-)Approve Union Contract ,3d REOUEST: The city council is requested to officially approve the union contract so it can be sent to the union for ratification. The contract has been changed to reflect council wishes from the December 2 meeting. All terms and conditions of the contract will be in effect for two years except for wage and insurance adjustments. The changed contract language is included with this memo. The council has the original contract from the meeting on December 2. , J \ , J , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL CLOSED CITY COUNCIL MEETING - OCTOBER 7, 1997 MINUTES A Special Closed Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, on October 7, 1997,9:44 p.m., at the' Andover City Hall, 1685 Crosstown Boulevard: NW, Andover, Minnesota, to discuss the proposed "t 998 union contract. . . . Councilmembers present: Councilmembers absent: Also present: Bonnie Dehn, Mike Knight, Ken Orttel, John Kunza None City Administrator, Richard Fursmart Council discussed the memo presented by Mr. Fursman which summarized the Union requests for the 1998 contract. . I 1. Article IX - Work Schedules: The Council discussed the pros and cons of the request to increase the time for canying the pager. The union proposal is also to pay all employees at the level 5 rate when carrying the pager. Motion by Dehn, Seconded by McKelvey, to approve the union request, Article IX - Work Schedules, including the request for all employees to get paid at level 5 when carrying the pager. Motion carried on a 3-Yes, 2-No (Kunza, Orttel) vote. 2 Article X-Overtime Pay: The Council agreed that the additional $0.50 an hour for working nights be increased to $0.75 per hour. They preferred a flat amount over a percentage increase which would be disproportional for the higher-paid individuals. Motion by Knight, Seconded by Dehn, to go with the $0.75 per hour more for working nights. Motion carried unanimously. Discussion was then on the union proposal to pay two times the normal rate of pay plus holiday pay for Sundays. Mr. Fursman was not in favor of that proposal. The Council agreed they did not want to equate Sundays' pay with holiday pay. . J Motion by Orttel, Seconded by Dehn, to support the Administration's recommendation onItem 2b. Motion carried unanimously. Special Closed Andover City Council Meeting Minutes - October 7, 1997 Page 2 \ 3. Article XIII - Right of Subcontract: Mr. Fursman advised the City must maintain the absolute right to subcontract work. The Council agreed. Motion by Orttel, Seconded by Dehn, to support the Administrator's recommendation on Item 3. Motion carried unanimously. 4. Article XV-Seniority aiul Article 18 - Transfers and Promotions: The Council suggested the contract language include giving the senior most qualified employees first chance for promotions, transfers, job assignments and equipment assignments. 5. Article XIX - Insurance: The union request is the employer pay 100 percent of the medical, dental and other insurances. Mr. Fursman recommended the union members receive the same benefit being proposed for the other employees, that the City cover 100 percent of this year's increase in medical insurance premiums. The Council agreed. , \ 6. Article XX - Vacation, Sick Leave, Annual Leave: There was a lengthy discussion on the City's policy ofIeave options for the employees, how the employees benefit from the pay back of unused sick leave under the present policy, and possible changes in the policy. For now the Council suggested the leave options not be changed, but that Staff research what other governmental units are doing. They were open to looking at this item in the future, but not necessarily in this year's contract. Look at evaluation for step increases: The Council noted that j') already being done. Evaluations of supervisors by employees: The Council noted Staff is working on this item. Education: The Council noted that most employees are already being paid for their certificates, licenses, etc., as they are often the requirement of the position. Premiums for Hazardous Pay when working with dangerous chemicals: Mr. Fursman argued the City should not pay a premium for working with dangerous chemicals, but that it will provide the equipment necessary to protect the employee. The Council also agreed that no positions in the City are classified as hazardous, and that all positions have some degree of risk. They did not favor this proposal. . " . , I Special Closed Andover City Council Meeting Minutes - October 7, 1997 Page 3 7 & 8. Article XXIII - Duration and Wages: The union has requested a three-year contract be negotiated with wage adjustments of 4 percent in 1998, 4 percent in 1999, and 5 percent in 2000. Mr. Fursman stated he suggested a three-year contract be approved, but the COLA adjustment be the only negotiable item in the second and third years, as it is very difficult to determine the wage adjustments three years ahead. The Council agreed. Union request that maintenance workers' wage scale be made equal to the mechanic wage scale: The Council felt that because the level of expertise and training is different for mechanics, that the wages for the mechanics and the maintenance workers be left the way they are now. There was a brief discussion on the problem with many employees taking time off on Fridays. Mr. Fursman stated that should no longer be a problem since dramatic changes were instituted following the last time the issue was discussed. The meeting adjourned at 10:50 p.m. ) Respectfully sub~tted, "ffi ~ c~L- , 'M~ella A. Peach Recording Secretary . / . .' 101 102 103 104 LeER Supplemental Uniform Settlement Reporting Form Public employer name Contact person name Phone number of contact person Name of exclusive representative City of Andover Jean D. McGann 612-767-5110 Michael J. Golen, Business Agent 105 Unit composition (e.g.,law enforcement,clerical,comprehensive, etc.) Public & Law Enforcement 106 Is the unit essential or non-essential? non-essential 107 108 109 \ 110 /111 112 113 114 115 116 117 Base year calculation date (from BMS Instructions, page 2) Base year employees (from BMS Instructions, page 2) 12-2-97 12 Date mediation requested (if applicable) Date strike notice given (if applicable) Dates of strike (if applicable) Tentative settlement date N/A N/A N/A Date arbitration requested (if applicable) Name of arbitrator (if applicable) Date of first arbitration hearing (if applicable) Date final briefs filed (if applicable) Date of award (if applicable) N/A NjA N/A N/A N/A 119 Regional development number ( if available) I ......, - .......... , J l:l Q) .-I 0 +J t.? l:l ~ . Q) Q) I-J m :> 0 .-I U 'tl aJ ~ l:l III 0 .:: ..c:: ~ u l:l ~ '.-4 IZ.l :I:: ~ f .... III 2: ..:l ,.. < ~ ,.. z ~ ... u '" ... ... '.-4 >- !l' - .-I - ... .Q .- ~ c.. ~ ~ .... > Po. ... Vi ~ ::::J -- = .- ;.; z -, >< ::: -, .... - ii Ii", II~~~ 11 ~ ! 8 ... _ 1:~~5~~ ;, e5! ~ i!~z~ '!::l>e 'z II Q + 1.1 ~ 1.1 !l.i.i Q>elt; ~i~8s ;!~~; - ... - CD + < - ~ ~ < ! >e ~Zall~ Z >elt; ii~8a 0 ~~~j - I- ..< I-(/) ~z all ! ~~ ==!O J:~ (/)~ ,~o~i .:: M ul ~ ~ ~ ~ ~ ~O i~i r ........ 0 N ~u Z z z z " z Z N IZ~ .-I ~O I 1.1 i ...J(/) I ~~ ~~ ;:: .g ZCI:': :.c c: = ~O I~~ .9.9 I'll ;; ,=:1; y .....,; ~I.I. ~ - -= :: - :": - - ~-.J - ... ;:; ~ ~= UoIC1:': lii~ /' <-:: - j .... - ~ .... ... >- ...J~ ~ ~ =..... ... =s ... J: - - 1- 0- --== ~ :;) - - ~~ -- ~J: - >.- -=- I' 01.1 :':C -c: e. - - ~I- I :: t": ~.~ <: .!:=- ~<Ol '" ~.:: , :: ~ ~~ - - - I =~ :; - - ~O I - - >..: :~ >.= jl .=~ I'll " :3 !: to: .::: - - 5< 'W _ ,. .... V'l:" - - -..- - -- I .:: II ........,1 Z Ii 'I I. g!/ ~I ==11 ~II - , - -, .s ~ ~ .." :... :.i ::'1' x, I' ,I I! .1 I I I I I I s ox I :: ;; Ii:: - .. Ii = i ~ = I s Cl I::; I ~:: I ::> .. !:~ I I I Is", - ... 'i~ I ::>: I"": I :: = I :s '" - ... I ::: "" I~; I ~ z I II : il I II I ~... I - ... , ::: "" z :: I ~ .. - .. I~= :..J: I I MI ,I ~I I N'" ~ :: I! ::: "" I'I .-II z :: ~ = I I - .. ;; = I I : = 'I I I' I ,I I !I I I I I I I I , !/ ;j j' ;! i: II ,. , " 'i I ..- , \ J / J d ~,;~ ~ ~ ~ ~ ~ ~ ~ ~ '6 -'O,~Q ~;~~s:;; !I 'ij3~]~~] ~ =~~ii~~ ~.- V\ .- ~:! -' ~ ~ .E a ~ t ~~ !:~~ ~~ ~ ~~ ~~ y'~ ~g ~.: ~....0 a:.= a: _ CD~~': a:U ) l\l ..:l ~ 11 :;:: ,cC ~ " " ill o \J - o ... u .... o-il .g ~ .. ~ . 4 ~ l:: QJ o-i o t.!) ~ . ~ o-i QJ l\l .t: U .... x It 4 . . 4 ~ 1! ... ~ ~ is Z ~ or. ~ '" Co ~ :0: .... > ~ ~ )( ~ I 1j ~ i ill \J o :; ;:;- ~ \.< QJ > o '0 c:: < .... o 1 .... u ~ ~i It 4 . . 4 ~ 1 N ~ >- o E:: ~ .... " .. ::l .. 1j ~ i \J <Xl - '" ~ I 4 o-i ~ I o-i ~ llI: o ~ I- Z Ll.l ~ Ll.l .... l- I- Ll.l '" ~' ~ llI: o ~ Z ::l :0 II ~ <Xl '" I o-i I N o-i l ]_ :L ~: .x~ .. .. .. .. ~.. ~ ~ I ~I ~ b ~.2 ~ Z.= Z ~ o .jJ ~ ~ .. :; ] ~~ " '" s: ~ >- : ~~ H Z,5 = .. '" ~ ~ ~ c .. :; ~ 3:~ ~ ~c ~~ ;;~ n. z.= s ... " ... ~ ~ 4 '" .. '" ~ l( ~ j- Vi:= " '" ~- >-: .:: Ii H ~~ '$ oD j: c ~ 3g ;~~ ~~ a'i'~ ..,= ....=-== ~" ~H Z& Z~- U _ \J < .~;;; 5 IL ;; ,~ ~~ ~;; ~ l5 "'1.1 ~ ~ t i " ,= .= ~:] '" ,- ~;; " :B .. "3 1 .~~ ~ii) :;..... 11,'"'3< ~~ ~ ,~! "~5 ,nh,H~ ...5; __a ..."- ~~~g~H z:f zu i.:!!.9 I I ..~ ~ .,::N N ~~ ~l~ ~ ~ 1; "'~ 01\': ill ,- ~" ~;;" ,d",H .. ... N 111 '" \D "" N ,.,< ;: ,':: VI .." 5- 3<' .. _, l5 ~ ,~ ~. " ~ s; .h H': ....::; ...~~ n~n z..; z.::;~ .. s '''' c '" '"' -;::; e.. ~ ~ - .. .E ~ ..~ ~ 5 .. ~ Z.= ;::; '" ;; .i! I: .. ~ ~ ~ ~ ~ ~ Cl,5 -;; j'"' l5 .. - l! ..~ ~ 5 " ~ Z,5 ;; ... ;; u J ~ Si - 4 ~ "'- l ~ ~ -'" e- '2 ~ ..s ~ "4 n ZE ;:; ,,'" ~ oS ~ ";0 ~ 5 .. ~ Z,5 ;:; or. ;; H Si ~ 4 a =,5 6 ;;~ c l!l l5 " - l! "n n Z,5 6 '"' ;; -= " .. ~ o - Si ~ 4 a ",,5 ~ ,,- c " o ::- 4; '" u ..0 4 ~ - " a Z,5 ... .. ~ . " '" ! .. ~ ~ ~ Z.E .- .,., ~ ~ ... 4 ~ " ~ ~ ",,5 = ~ .!! ::; l5 '" _ u .. : ~ ~ " ~ z_ M ~ ~ ... 4 Si - 4 . ",,5 iC .!! ::; is " _ u .. 0 4 ~ ; .. ~ ZE ;;; '" ~- " 0 - : 'i~ ZO ;;; or. ~~ '" ~ ~= ~ ,- ",0 ;::; ~ .:: :;: VI_ _ n C '';: - : .... ,,~~ z5 ;::; M ~~ Vi!:! Si~ 4 ,- ",0 o <Xl .. '" .:: ~ ;E "it VI _ ~ _ 4 o '';: - 0 .... ~~ &/:: ZO - ~ ~ :D ~..: ~ ~;; l.I,;, ,..., .= C:; ~ ~ :~ : ~ dH Z.j z a :;; '" ~ - - ~ 3= Si 'E ~ , "'U ;:; ~ ~ .. .... ~~ .. ' ~ 'E zo ;:; '"' ~ - _ 4 ")(3 .... u Si 'S n , ClU < < "- "- ill ill ;:;; ~~ t ~ S; 0,' o ~ =~ ~ E " : Zu o :; ="B ~ 'S " , zv ii IF;; ~ .. ~.. ",~,", ... _... ,S . !i ~.,. ::]l~i l~toJ: ~.:: ~ co '" or. t,~ i ,B ~ ;; ~ l ii i mU m...U ; t.i .2 ::; ,~ p Z.g · S ~.:: "i; ~,~! ,~ l ~ .h ~ .-t!__;~ ~.. .:'" ,,8 ~!l 8 zu z...u ;' Vi M '"' 'U ,~ ~i ~'d q Si~~ ctoJ :~u IS. N &~ ... 0'" i .2 o ,~:;,~ So ~ n --""KZc ~EE ,,0 " = ~ '\I):: Z ~ u ;:::..:: ,~ ~ :i -00 ::: ~ ~ ~ 3 ~ ==.... t... :1 ~I ~ i:: .1 ,d = ~ ~': '" 5i .. - r':; ~ ;:: ... ~ ,,= d ~'" ~ Ii Jl.E ~ co .. . o-i o-i ;;- N ~ ~~ o ~ .'" .c _ c.; S; .. - r':; o . ,. - :: ~ ~~ ~J: ..:.. ,~ ~~ .. 4 ,.C:: Si. n '!j Cl~ a; - ~ . . ,. !e : ~ ~ e V'I~ ~Ji '::.. " ,5 ~~ .. . >-'" ,,- ~ n ~;2 111 "" ... . '" \D 111 :; ~~ _ x ~ c ;:,g -;'u ,,'" "'.. ~ ,~ -1 S~ ~"3 . - "=..: " I I I I I I I I :::: I t I ~ ~ I ~ I :: IE Vi 11 I I I I I I I " I I I I I I ~ ~ ~ ~ .~ .n aE~ "' '" ;;; ~ t c: ~ t ~. ~ ~{ ~ ~ ~ s- o .3 , ~ I , , I , I I I H I N I Ie ~ I ;. I :: I Vi if I I I I I I I I I ~ ~ .,. N ;:: " t ~ ~ ~ !! - ~ )t~ ,i ,i{: -:: t::..- or :: ~ = ~"i 'E ,- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , j DATE: 3/17/98 AGENDA NO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. APPROVAL OF 4 - TEN HOUR DAYS FOR PUBLIC WORKS DIVISION Ih. Frank Stone - Public Works Superintendent BY: @ For the last two years Andover Public Works personnel have worked the Summer Hours of 4-Ten hour days from 6:00 a.m. - 4:30 p.m beginning and ending with Daylight Savings Time. We split the crew's Mondays and Fridays to make sure we have supervisory and departmental coverage for those days, with everyone working Tuesday, Wednesday and Thursday. We haven't experienced any problems to date with this setup and are in fact providing the City a fifty-hour work week for the cost of a forty-hour work week. In cases of emergencies, as in the sandbagging last year along the Rum River, we can be up to full crew capacity in about two hours. / I was asked to poll the Council members on this item, only one member expressed concern with the hours but agreed to vote with the majority. I request approval of the Summer Hours so that our personnel can begin working the 4- Ten Hour days at 6:00 a.m. on Monday, April 6, 1998, which is the first Monday after the start of Daylight Savings Time. (Our switchboard hours of7:00 a.m. to 3:30 p.m. will remain unchanged.) If you have any other questions concerning this matter, please feel free to contact me prior to the Council Meeting and we can discuss them at length. MOTION: SECOND: FILE: G:IWORDICOUNCILIC031798,DOC CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . J DATE: March 17, 1998 AGENDA SECTION NO. NON-DISCUSSION \ CONSENT AGENDA ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. 1998 STREET SWEEPING QUOTES I (() , Following are quotations for the 1998 Spring Street Sweeping Contract for the City of Andover: Ray Sowada -- Street Dept. Supervisor ~ . ASTECH (Asphalt Surface Technologies Corp.) Fleet of eight Elgin Pick-up (1981 - 1991) Sweepers Dale R. Strandbert -- 612-253-9977 (St. Cloud) Quoted rate is $59.00 per hour . Allied Blacktop Company Fleet of up to eleven Elgin Pelican Pick-up style (1980 - 1997) Sweepers Peter M. Capistrant -- 612-425-0575 (Maple Grove) Quote rate is $61.45 per hour .I . Mike McPhillips. Inc. Fleet of Elgin Pelican Sweepers Michael R. Edge -- 612-451-4030 Quote rate is $64.00 per hour (South St. Paul) We estimate it will take approximately 250 or more hours to sweep the City. Weather permitting, sweeping could begin April 6, depending on contractor's schedule. We recommend that Council accept the $59.00/hr. quote from ASTECH for the 1998 Spring Street Sweeping Contract. Monies for this contract are budgeted in the Streets & Highways Budget for 1998. MOTION: SECOND: .I FILE: G:IWORD\COUNCILIC031798a,DOC 03/02198 16:12 'a612 253 2217 I I ! P.C. BCX 1 QIi!!5 lIT: CLCUC,MN1553D2 A,SJECH ~001 : I PURCHASE ORDER I ASTECH ASPHALT SURFAcE TECHNOLOGIES CORP, 512/253-9877 PURCHASE ORDER NO, 98014 IIIXI612/2!53-2217 I CITY OF ANDOL AT'IN: RAY j FAX 0: 61Z-7Y-S190 I Please supply us wi+.h the fOIiOWin~ by the date indicated below, ASTECH JOB NO. HQROl4 DATE: n1/0l/QR TO: ADDRESS: PHONE NO. Quantity Description Unit Price Amcunt (8) I I ELGIN PICK!-UP SWEEPERS m. O'"T" I 1981 - 1991 '59.00 PER HOI' EACH , / SWEEPERS AVAILABLE FOR STREE7 CLEANING I ' I I CR 1. 1998 DELIVERY BY: ACCEPTED BY: DELIVER TO: DATE: SIGNED: st:1mator DATE: Our Purchase Order and Job Num r must appear en ail invoices, No invoice 'Ni!I be honored without these; two nU'Tlbers, / !PLEASE SIGN AND RETURN ONE COpy TO US. .l FEe-lo-sa ruE 15:31 ALLIED BLACKTO" FAX NO, 6124251045 P,OI r ALLIED BLACKTOP COMPANY BITUMINOUS CONTRACTORS February 10, 1998 City of Andoyer Attn:RilY Sawada 1685 Crosstown Blvd, Andover, MN 55304 Re: 1998 Street Sweeping Quote Dear Mr Sawada: Thank you for the opportunity to quote your 1998 Street Sweeping We respectfully submit the following proposal: Fleet of up to Eleven - Elgin Pelican. Pickup style sweepers manufactured between 1980 and 1997. Our rate is S 61.45 per hour. , ) Contingent on a start date of March 23 in the other municipalities currently under contract, and cooperative weather, we should be able to begin your Spring sweeping in late April, It is our understanding you would like 2 brooms, 10 - 12 hrs. per day for 250+ hours, Allied's sweeper operators are top quality union professionals, most of WhO!:l have been with us for many years. All of our operators have the ability to complete minor repairs on their machines, We also employ four full time mechanics who have the use of a mobile repair truck equipped to complete nlost repairs on site allowing for minimal down time should a breakdoVwn occur, Our brooms are late model, top conditioned, and professionally operated. We are looking forward to tho opportunity of taking care of Andover's sweeping needs in 1998, Thanks again for the consideration you have given Allied Blacktop Sincere;y, P.:t:- 11}. ~ Peter ~1. CapiSlrant Allied Blacktop Company ._,----.,. 10503 89TH AVENUE NORTH, MAPLE GROVE. MINNESOTA 55369 PHONE (612-425-0575) FAX. (612-425-1046) . , ,. · . ~MCPHILLlPS, INC. Commercial Sweeping . Snow Removal Industrial Sewer Cleaning 825 Concord Street North South SainI Paul, MN 55075 (612) 451-4030 PHilliPS, INC. MICHAEL R. EDGE Vice President , ) · Snow Removal . Industrial Sewer Cleaning February 12, 1998 Ray City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Ray: I would like to place a bid to sweep the streets of Andover. I propose to use Elgin Pelican sweepers at a rate of $64.00 per hour. A certificate of insurance coverage will be sent at your request. / I appreciate the opportunity to place this bid. If you have any questions, please feel free to call. Sincerely, '1/v-L'.../ ~ &r- Michael R. Edge Vice President / 825 Concord Street North. South Saint Paul, Minnesota 55075 . (612) 451-4030 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: March 17. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Item Fire Department D. uJ . Dan Winkel, Fire Chief ITEM NO. Approve Sale of Fire Department Vehicle. Old Rescue 5 11. REQUEST The City Council is requested to approve and award to the highest bidder the sale of fire department vehicle - old rescue 5. The old rescue van was authorized to be sold by City Council during the discussions for the 1997 budget. The old rescue van being sold is a scheduled replacement. The new rescue truck is currently in service at station one. Please note that the vehicle was advertised for sale in the Anoka Union and also the Minnesota Smoke-Eater newspapers. One sealed bid was received and opened at City Hall , " on Monday, March 9, 1998. The bid received was from Mr. Paul G. Schmidt for $1,001,00. Mr. Schmidt also indicated that all emergency equipment; Le., siren, light bar, two-way radio, etc., would be donated back to the fire department. The total replacement value of the miscellaneous equipment is approximately $1,500,00. Staff is recommending that the sealed bid be approved and that the sale of the old rescue van be awarded to Mr. Paul G, Schmidt of Ramsey, Minnesota. counci20,doc '. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ./ DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve Final Plat ll. Echo Hills Second Addition David L. Carlberg Community Development Director The City Council is requested to approve the resolution approving the final plat of Echo Hills Second Addition, The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. , 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any r' revisions thereof. '. / 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract and escrows paid. 6. Receipt of all necessary drainage and utility easements within and outside the plat if necessary. 7. Developer is responsible to obtain all permits from U,S. Army Corps of Engineers, DNR, LGU, LRRWMO, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission, 9. Additional easement being dedicated to the City for the temporary cul-de-sac on 168th Avenue NW. Note: The variances were approved as part of the approval of the preliminary plat. . . "\.__/ .' i ' . ) '\ \ -' COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R -98 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF ECHO HILLS SECOND ADDITION, AS BEING DEVELOPED BY ROBERT & PHYLLIS HELlKER AND VIVIAN & JOSEPH MEYER, IN SECTION 8-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of Echo Hills Second Addition ; and WHEREAS, the Developer has presented the final plat of Echo Hills Second Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of , Andover to hereby approve the final plat of Echo Hills Second Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the , grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract and escrows paid. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements within and outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, LRRWMO, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance from Ordinance 8, Section 6,02 for a lot width variance of sixty (60') feet on Lot 1, Block 1. 10. Variance from Ordinance No, 8, Section 5.04 for the accessory structures being located closer than sixty (60') feet from the front lot line on Lots 2 & 3, Block 1. A twenty (20') foot variance is requested. 11.Additional easement being dedicated to the City for the temporary cul-de-sac on 168th Avenue NW. Adopted by the City Council of the City of Andover this 17th day of March , 19~, CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor .r;r ': ) 1 ~ \ -. _. -. ~ ~~I' I 'CASTNER -' -. L I rlllCNl ' I . I, . _ \" REG1f'E8iD I -. REGISTERED ~ >', =~._' I..ANDS'.QfVE_.Y..". J '" '. Iii H '-t. NO NQ ~9 \ -- ,,; "' =: :. ~ R--I //::n~~-:- '\.. 1 ! ': t ~ -, , //-=1 ~;,;.;:;~::r i ~ ",.. _~IJ VEY - - ~ ~ -2 // -I;~"):( " ~_' . -=- ,n '. -. ;'~sF'!:" - _ - ,/,'.,. J. . b:3 ~ " -:-:, ~ 72-' j.." -. J, . · : ,~ " _: _ -: ! ~. ,~. ~'<e',,/{ If'.... . 1 .'~, ~~, I 1 -J~ ~~/~~V~~ . ~ qf-~ l~ ~~ iJ~. ~ .'~J"f~SJ IS.' ll~~ ~~ ,-'-'Y). . 'f",:)<--.~. .. J ~_:). ': I I ~ ~.r'" '/1 . .r 1.. . (/. " . r:,J ~ _"' ~. . II . -~ ,~-- - ~ -'" - - ~.~ ~ ~~~~ ;'9 .:,~~; . ~: ~, . lGi .' ff'.~~ . J~O'A~/MEA~Q~3~ I . I ~. . 1 ~ ~) --db- ,~/_( ~~~ " y=;..,. lJ.T IJ' _. ~i >. ,[&0:0 I 'j1"\. 1L-l I I 5' .-': \ ~~~J ~ ~ -- 1 ,- /' ~. ), A ;.7 ~ ~ . ~ r~_, I - ,.. .~ -- 'iI ,I~ -on.ng M ap .~:;... ,~~"jp "'C-. R-I I '-- A 4' I( .~ .:R,' \1/. ;L~\ ~- .\,L ............. ~ ~ "'\j . ~' I ' """' 6. n \\ .- \~,. .r-J>~ - . . i . .'. ""," , '" \1"'. r: ' ;.----, , , !1 .TE '"', '-' "~~' ,0 '-;EL.S~'(' ,I ':" ;"IL"~Ei'OE. oJ}J '. .-:. ~ ,. ,'.. I . '. ~...:...' . :. ..-..=-J ," ("..;;::::-,.,;7,'! ,to . , .- ~ L~~~~ "'''.' .i. . . ;'''t': i-Jr~ ,_-.. ..........C\ '" ~L -. . "'\ R- -r " / >~,""",&' ~~./' .. " ; :" .. , !'!I.:':" "" ~ 2:#' / . . . _ li'1~:~ "u :S' ~. >-,.- -- . --l 1 "I 1- I':, ~_ l _ . ' ~ ~t.: ~~~:. 6.r:;:SC di.1'u,,-,.: ,I "., s.. :- I~ ~ ~ ~.~ ofT.??' ' 'J' ~. .. I .1~.loI.'l tY" I -t : ~ ~~~':"'V.IH';'. ..,' ,.,.\.1.11 ~J~~, .'~~ 'm~~~.~ !- Ir-:r -; : ~.J, ~ /- ~\ \)1l;~~:~~~.~~;ln;::~; ..o(;I..~. ?~~. ;.'-;+ I~ ! . I .. .. ',1. .,.. -... - . "',. : ',- .1' l . ." ~ III _.J~.::r-l-_-,_- ;R"'2~ '~' ~". ~ ' ;(" rlV,FW' .1,1 l1 11 ~ . - ~ lC ~ ," ~ ,( ".1 . ~,sT~ tl. . I', I' -. i . 1 Ie 7~ ~"",.,.,,~ ~ . .I.!.z.,;l 1l~'!'i'I'" -"r- i I ...~ ~~" ~' ~~. '~~','W".. I I ~. -: "*' ~ ~~~ " . - , " '. ...,......."':' - L:. '1 I -f"':"~ - _;,'.,":,":.: '.-, ". r ,""', '~~ ,~~, , : '. .' ~- s,:. ~'4" ...' {'::. ': '--- r -, I I ._>','..,.:::,t..,,'. '...."'.-~,: ,: \".[I-.J~~~,.'{~...-. l1R1j I ...;<,,, ':':..1.." ,', '.' R-2 .._'~".~'\t\.,.-.2.I(:v~ ..!.JM-' I ':'<:':~: ~"';~:':':"t ". :'" ' I ','. ",:" i.;';: ";'.' P;NE",' .p.f.1#l/E.,.2 _ I ,',...- ..' .." " ' I' r-'. II"'''' p.T. I'CRaT" I . I' ' '4 'IIEADOw I ",;..'".. '" ..'1 . '. "'( ." '..' 1'o......l\.I~ -// I' "'1' 1.2 : 8 ::;t:,h:>:,:"_:':.,:t:~':','..::.,',:~~:;'.-: .:'. ;-:-'.. ,~'~'I ~ ~e5~ .'l:'4' J LMPDOI' . ~.;_ ''': ", ,,' " ::'.. "l :. ' ' .' ,.' ' . I ~ r. fir' !TIJlBER' I I J R.j..1 -. :"'~:'"'' :" <........1'.. . ':::,', ~ ' ' ::;. .. : ~'.~:' I . I . " .'. -'r----'-,' :-- :~,' :', . ..~,', ~ L.__, ..;, .:.",'_.."'.. ..... . .'- g. j' is. , ",... '1 " ""'I -'. I 1,"'-: <, ':' ":'.,,', Q:;; ..."or )- ~ I _ ',.. ':.. : .: 'r ': ':, ':,.: '. AG. -~" -\ I I -. " ;, 1 "", PRESERVE' ~ :::"':'Z' A I ' ':',' ,': '" ') :.' ," ,,:" , .. Tl"" . I ~ I r-' :," " 'j .:,' ',' " '! -,:;--::r.. c"') :\ "I'" CO:- -l : ~ l"'" :\ ' t.....~ ~JI '-:-''\''-'..: ,,>'- '\ '11-.>- - -r' J- ,. " I ~' .!-,r j ~'1 I <. ',";' \.i' ... ..."_ _J - " - ,~ ~11 '" .... I .. -.- , ; li. I .R-r: ~ I II P.'UE. !:: '1 H./~L~l c ~~::~~', ~ . r ! I ' f f : CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \- ) DATE: March 17.1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Variance - Kent and Kelli Allen - 12 177th Avenue NW More Than One (1) Principal Structure on a Lot and Allow New Principal Structure to Encroach into the Required Front Yard Setback from Major Arterial (County Road No. 58) \q. Request The City Council is asked to review and approve the variance request of Kent and Kelli Allen to allow more than one (1) principal structure on a lot and to allow the new principal structure to encroach nine (9) feet into the required one hundred and ten (110) foot setback from the centerline of County Road No. 'J 58 (l77th Avenue NW). The Planning and Zoning Commission met on February 24, 1998 and recommends approval (unanimously) of said variances. A resolution is attached for your review and approval. , J \ , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING A VARIANCE TO ALLOW MORE THAN ONE (I ) PRINCIPAL STRUCTURE ON ONE (I) PARCEL OF LAND AND TO ALLOW FOR THE NEW CONSTRUCTION OF A PRINCIPAL STRUCTURE TO ENCROACH NINE (9) FEET INTO THE REQUIRED ONE HUNDRED AND TEN FOOT (lID) FOOT SETBACK FROM THE CENTERLINE OF COUNTY ROAD NO, 58 (1 77TH A VENUE NW) ON THE PROPERTY LOCATED AT 12 177TH AVENUE NW, LEGALLY DESCRIBED AS UNPLA TIED CITY OF ANODVER, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, SUBJECT TO AN EASEMENT FOR ROAD PURPOSES OVER THE NORTH 33 FEET NOW AND THE WEST 33 FEET IF AND WHEN A ROAD WOULD BE BUILT. WHEREAS, Kent and Kelli Allen requested a variance to Ordinance No, 8, Section 4,04 which requires that no more than one (I) principal structure shall be located on a residential lot and Ordinance No, 8, Sections 4,15 and 6,02 which requires principal structures to be setback a minimum of one hundred and ten (110) feet from the centerline of County Road No, 58 (l77th Avenue NW), WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the said request meets the criteria of Ordinance No, 8, Section 5,04 in that a hardship exists due to the difficulties which would preclude the property owner reasonable use, , J WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THERFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance request of Kent and Kelli Allen to have two (2) principal structures on the same parcel ofland and to allow for the construction of a new principal structure that will encroach nine (9) feet into the required one hundred ten (110) foot setback from the centerline of County Road No, 58 (177th Avenue NW) on the property located at 12 I 77th Avenue NW, legally described above, BE IT FURTHER RESOLVED that such approval is contingent upon the demolition and removal of the existing principal structure which will occur no later than one (1) year after the building permit is issued for the new principal structure, Adopted by the City Council of the City of Andover on this 17th day of March, 1998, A TIEST: CITY OF ANDOVER Victoria Volk, City Clerk ],E. McKelvey, Mayor '\ '\ / , \ , J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION February 24,1998 DATE AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR AGENDA 3. Variance - More than One (I) Principal Structure on a Lot and Allow an New Princip I Structure to Encroach into the Front Yard Set ack 12 177th Avenue NW - Allen Planning Jeff Johnson BY: BY: REQUEST The Planning and Zoning Commission is asked to review the variance request of Kent and Kelli Allen to allow more than one (1) principal structure (single family home) on a lot and to allow the new principal structure to encroach into the required front yard setback on the property located at 12 177th Avenue NW, legally described as follows: Unplatted, City of Andover. The East Half of the Northeast Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota. Subject to easement for road purposes over the North 33 feet now and the West 33 feet if and when a road would be built. The property is approximately twenty (20) acres and is zoned R-1, Single Family Rural. APPLICABLE ORDINANCES Ordinance No.8, Section 5.04 establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to with the characteristics of the land and not the property owner. Ordinance No.8, Section 4.04(B) states that there shall be no more than one (1) principal structure on one (1) lot in residential districts. Ordinance No.8, Section 6.02 establishes the minimum setback requirements for principal structures and requires a fifty (50) foot front yard setback from a major arterial (County Road 58). , \ Page Two Variance - Allen (12 177th Avenue NW) , J GENERAL INFOMATION The applicant is requesting the following two (2) variances. Please see enclosed survey drawing submitted by the applicant. 1) A variance to allow two (2) principal structures to remain on one (I) parcel until one (I) year after the building permit is issued for the new principal structure. The applicant plans on constructing a new home (which will be constructed directly behind the existing principal structure) on the lot. The existing home as shown on the attached drawing will be razed after completion of the new home. 2) A variance to allow the new principal structure to encroach nine (9) feet into the required fifty (50) foot front yard setback. The applicant finds it difficult to meet the setback requirement due to the location of the wetland on the property and water table elevations. COMMISSION OPTIONS " I 1. The Commission may recommend to the City Council approval of one or both of the variances requested. The Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04. 2. The Commission may recommend to the City Council denial of one or both of the variances requested. The Commission finds that the proposal does not meet the requirements as stated in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. 3. The Commission may table the item, " "C. ;~~,~:t~?l~r;;c . ;. -....- , . '-' '~':'-'~":_-_:_'_';~"-~"'-_:~_"'_~_"~'~'~"'~;-:,_',,~,:-_::-:~:-,~.;,_,~,_-."'~,',',~~,,;~,:_,_,'~::!:,-~"t.~,::.=,__c~,-~.~."~_,.,,, ,~~~~nii{{.~. ~~- -_~., ; XttY~~f~iitJ/ ;:";;-~f]t~1:[it -:,.....,... ::-~ ~ . :=':." '-,-"-'- ---:....... j' ... 101 c. . - . -- , , "'"."'-.-'.-- .--:=. ~.~ ;.~. .:' -".:'''--: / , r-=' 't -.-; :E ~! " ~~'io""".'''''''''''''''_'''''''' ~.r._",'_'"',,,,,'''- ., ., l:' I. .~!.:;.~. ".:;:,~:~.;t:.ti:1~")- ".... .' " il p r ., ) I / '\ ~- ~ to' , c JW.. /' \ J , I / , , CITY of ANDOVER Property Address jJ- VARIANCE REQUEST FORft ( t::ntt A. V rvW Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN. 0\ 1J-J..y 41 ~oo?r }{ (If metes~and bounds, attach the complete. ega ) E:" J-_ -~ .t;J_{ -Kj - E f --~ ~ -~~ _l1E _r~ _ \.. _ _ T ~ e _] ~ _ ...~~ .#.:'L ~~ (0 _ f=-gr~1P_t1f_ y;iJfJ en!) Description of Request VAIl\MlC.fi "'TO ~-J\Lf) "Ni"W \k,V\>\~ llN Pttcs.t!Nr ... $t,€,. CANT".~ ~'N'~v'IM.~l":Tf?,..""'C.IL f(.ec,..J\,/L;1vI./rfNrS b.Jf," 'i'Q WA\{'(t r~lk.C) , r.'- is 110 \IV C (."lr-' tIS' 101- " anm SIT("'"\ S:"L3.L.~ 'MA\NTA\,-0 ~tN\ S;i72vC,:ILirt..€" \J r.tL. JJ~tf2.. (eM l-H1I>N of M;,"ItV_ I+c.....~ -r1hr OtV't B "'-\'II N G <; i'W 'IHA T I ~ ~(.nL'(L Tit!' y ~J,~Tllf' Pru-S.~N\ ffOJ.s~ HflLr ') ~~ cJN'-f 15 AGu."'S ,JOt. Ltc ' OFF~A6. Current Zoning fL -, Section of Ordinance --------------------------------------------------------------------- I~~ NT Address \d-.-- \ -=tl.- 114 Home Phone L.j 1. Y.-d-1~ Signature f/&~ U ' ~ Name of Applicant b , <=f- \LaL\ AJNW "T. t1 L.i..-€ AJ Business Phone -::f ~!; ,- j ILV ,/ 1D/9 g' I . Date --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) SAAr:- .4s -- A nv ve Address Home Phone Business Phone , ... .gnature Date --------------------------------------------------------------------- " ,~ VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family Other Requests d-/?~t'>; Date Paid L LJ D $100.00 $125.00 Receipt # 6 4 B356 Rev. 1-07-92:d'A 5-23-94:bh 1-07-97:bh Res. 179-91 (11-05-91) , / CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. Ifit finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. " / 'General We request variances to enable us to build a new house on our present site. We wish to replace the existing structure of 709 square feet, Exhibit A, with a new structure meeting minimum requirements as set forth by the city (and my wife!). The new home would maintain architectural and character similarities of a turn of the century farm house, Exhibit B. Back round In an attempt to make the present home more functional we previously applied for and received a variance allowing us to construct a family room addition to our present home as part of an overall remodeling project on our house, Exhibit C. This remodel would have included raising the home, building a new foundation, installing a new septic system, taking the existing structure down to the studs and completely refurbishing the interior; this in addition to adding the new family room. The existing home is located 67.5 feet from County Road 58 centerline. Setback requirement minimum is 110 feet from centerline. The city ruled in our favor allowing us to build a 19' x 25' addition. Problem Contractor estimates to perform foundation repairs and meet septic system requirements alone are as follows; under pin house $4600, replace rotted rim joist $6800, excavation $2800, new foundation )7500, new septic system $5600. This cost approximates $30,000 in expenditures before adding the new family room or remodeling the existing house of 709 square feet. Estimates for the total rehabilitation of the existing structure are higher than the cost of tearing down the existing structure and starting over with an entirely new home meeting minimum size requirements of the city. It is not cost effective to invest $70,000+/- into this project to end up with a home, which when fully rehabilitated would still be functionally obsolete. Therefore, we are once again approaching the city with a variance request (actually 2) to improve our property. Variance Request 1 Build a new house 101-102 feet from centerline of County Road 58. Exhibit D. Studies have been undertaken and it has been determined that this is as far back as we can go and still get the house on our lot. It is not possible to build the house the required 110 feet off centerline for several reasons. First. the water table is too high and becomes a problem if we move further off the road. See elevations as delineated in, Exhibit E. There is also a problem of moving too close to the wind break shade trees presently surrounding the yard. If we move the required 110 feet we will invade the root systems. In addition, there is a wetland behind the house and I can't encroach into it. Finally, the only other building site is over 400 feet from the road in the middle of a cow pasture. The current garage, barn, well, out buildings and garden are all close to existing structure and it simply 1oesn't make sense to require all this be moved. j Variance Request 2 We would like to live in our present home as long as possible before demolishing it to minimize inconvenience to us during construction. Being able to maintain a presence on site during , 'construction will minimize the possibility of vandalism and makes it easier to maintain care of our cattle during construction. We would like to stay in our present home until the new home is sheetrocked. The existing home would be torn down prior to occupancy of the new home. This is physically possible because the two homes would not overlap but would be seperated by 7-8 feet. Conclusion We need a new house! We would like to build our new home on the present site. This requires two variances if we are allowed to proceed as desired. , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: March t 7. t 998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J, Haas,~ Engineering ITEM NO. Approve Quotes/97 -52/Bleachers for Sunshine Park. ;)0. The City Council is requested to approve the quotes for bleachers for the soccer fields at Sunshine Park, Project 97-52. The quotes are due Tuesday, March 17, 1998. The quotes will be presented to the City Council at the meeting. i / '\ '- j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. DATE: March 17. 1998 ~_ ..4 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J, Haas,~ Engineering ITEM NO. Reduce EscrowslDeveloper Improvement Plat Escrows/Eldorado Estates dl. The City Council is requested to reduce the cash escrow (developer improvements and plat escrows) for the Eldorado Estates development. Amount Available Reduce To Reduction Eldorado estates $131.44 $0.00 $131.44 + interest The one year warranty inspection was performed last fall and all items were performed in a ) satisfactory manner. -' , J 09/24/96 11m 15:55 FAX 612 535 6711 HCMANUS AND BABCOCK September 24,19% Scott Erickson City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Scott: I am requesting a escrow reduction for site grading and inspection fees on Eldorado Estates. I would also like a itemized list of inspection fees for the entire project. My office number is 535-3600, or my home number is 755-7054. Thank you, ) ~/~~ J Jed Larson I4I 002 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Ericksoncffi- Engineering ITEM NO. Award Bid/98-3/1998 Crack Sealing dd- The City Council is requested to approve the resolution accepting bids and awarding contract to Northwest Asphalt Maintenance, Inc. in the amount of $69,115.00 for the improvement of Project 98-3 for crack sealing. The bids received are as follows: Contractor Bid Amount , , " Northwest Asphalt Maintenance, Inc. Seal Kote, Inc. Astech Asphalt Surface Technologies Corp. Daffinson Asphalt Maintenance Bergman Companies, Inc. Tenson Construction Allied Blacktop $69,115.00 $71,173.50 $71,300,00 $73,370.00 $93,150.00 $102,350.00 $108,100,00 Engineer's Estimate $105,000.00 Northwest Asphalt Maintenance, Inc, has successfully performed other projects in the City of Andover. This item is budgeted for in the 1998 City Budget. , I \ '_ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 98-3 FOR 1998 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 026-98 ,dated February 3, 1998, bids were received, opened and tabulated according to law with results as follows: Northwest Asphalt Maintenance, Inc. Seal Kote, Inc. Astech Asphalt Surface Technologies Corp. $69,115.00 $71,173.50 $71,300.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt Maintenance, Inc. as being the apparent low bidder. , , / BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northwest Asphalt Maintenance. Inc, in the amount of $69.115,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 17th day of March ,19jliL, with voting in favor voting Councilmembers of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk , / TABULATION OF BIDS \ ,j ASPHALT PAVEMENT CRACK SEALING PROJECT 98-3 COMPANY QUANTITY UNIT PRICE BID AMOUNT Northwest Asphalt 115,000,00 0,6010 $69,115,00 Maintenance, Inc, Seal Kote, Inc, 115,000,00 0,6189 $71,173,50 Astech Asphalt 115,000,00 0,6200 $71,300,00 Surface Technologies Corp, Daffinson Asphalt 115,000,00 0,6380 $73,370,00 Maintenance Bergman Companies, . 115,000,00 0,8100 $93,150,00 Inc, Tenson Construction 115,000,00 0,8900 $102,350,00 , / Allied Blacktop 115,000,00 0,9400 $108,100,00 tab983,doc , / , \ V ,~~ , ,~ CITY of ANDOVER MEMORANDUM TO: Scott Erickson, City Engineer FROM: Dave Berkowitz, Civil Engineer I DATE: March 12,1998 REFERENCE: 1998 Crack Seal\Project 98-3 cc: File -------------------------------------------------------------- -------------------------------------------------------------- The low bidder for the 1998 Crack Seal Project 98-3 was Northwest Asphalt Maintenance, Inc. at $69,115.00. The following is a list of the contractors and their bid amounts: '. Contractor Northwest Asphalt Maintenance, Inc, Seal Kote, Inc, Astech Asphalt Surface Tech, Corp. Daffinson Asphalt Maintenance Bergman Companies, Inc. Tenson Construction Allied Blacktop Bid Amount $69,115,00 $71,173.50 $71,300.00 $73,370.00 $93,150.00 $102,350.00 $108,100.00 After reviewing the credentials of Northwest Asphalt Maintenance, Inc. I recommend that they be awarded the bid at $69,115,00. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , ,; DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickson, &l Engineering ITEM NO. Approve Plans & Specs/97 -461Well #6 Wellhouse Design 1,;;22. The City Council is requested to approve the resolution approving plans and specifications for Project 97-46, Well #6 Wellhouse Design. , / " ) \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-46 ,FOR WELL #6 WELLHOUSE DESIGN. WHEREAS, pursuant to Resolution No. 302-97 ,adopted by the City Council on the 2nd day of December ,19~, TKDA has prepared final plans and specifications for Project 97-46 for Well #6 Wellhouse Desiqn, WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of March , 19---.illL, 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, April16 . 19 98 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 17th day of March , 19 98 , with voting in voting against, whereupon Councilmembers favor of the resolution, and Councilmembers said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , J DATE: March 17.1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ToddJ.Haas, ~ Engineering--('"~ ITEM NO. Approve Quotes/Basketball Hoops/ \/~ed Oaks West Park 6)'-1, The City Council is requested to approve the quotes for 2 basketball hoops for Red Oaks West Park. The quotes received are as follows: MN-WS Playground, Inc. GameTime $1,454.79 $1,671.21 . \ ,j The Park and Recreation Commission is relocating the basketball court in Red Oaks West Park. The existing court is right adjacent to Raven Street NW and very dangerous to any person playing basketball. The new court will be located further back into the park away from homes and the street. The Park and Recreation Commission was contacted by staff and they are recommending the approval of the quotes. This will be paid from park dedication funds. , , ~ i ; r .:' 'P< -;', :~S:~, ~ ' I;~~r:;;? ;f;}~ ; ~: ,;,; ;,: : ~,"." '"..;.1 .. , ,::... ::"; ;, "hl1.'''"" _ ' "','71:;-7_",,, '" \ ".:5.;.1.., h SC-.oDl.:.,~ ."''"... 'J //, . , ",,- , ,. , ""., , . "'/ / -"',.,._,. ;" '""-",,, . '" 'C' ".. . , . ~. r4~'J~' L N~""i~.a . 22!,'P-i '.,.",...,"".'.' '14il~~AX'c .. "WOOD ~~"'''::;:i-.",~. L I'm '~~"~;i7i::r'T".::::t'. , It... ""'"'~I~,' 9 .~ J' . ',.~.~ :L]', i7ll', "''''"'''' , '~ . y. ',., , "'" ,-, "',"' .~ ' "'''''', " . , " --" '", ,,.., . ~'''", '1 I ~"1g"" " '" . i, .-' ';N' ~JI9:; if;,..:;,; ...~'. . L; . r '. "": '. "il'$::',,: i, :,c . , ''"''''~ 1 t ~- '<N. '~,~'" R" "1 ;"',:;~OJ.~" I '.. , , ~~, . ::I..C:;. E'S:;Il'~, '~il2.K~. I ': ~"/:i ! . ... '. -:g, I .. 1-----, ,. . esTA ., I~. , "(_'~" ::Jil:!Jh- f"O~~~9 . , .. n.. 1 "" ~ '",,!, . B','i~ '0"""'" '" r- I.. ::1~:" 'h ~m''',~ ~~ . I I ~"'~':'~'I:,~:,.,.:,] I 111 --w7r:~""ill~, : I .::rnnllll.~', In,,:;~..~,)t:E'~~o''"'4'', ' ,-- 'll5lN6roN ~":. T I l. 'ft(. to:.l; .t\t9~, --fT~ I I , " '~;~f~fJ~~;:.:~~'0/ ~ '11' I i .~~ ~. ~ I' :~:~ ,lioO'11 I I, lUll >. ";:" : ", -:: ?/ i............ r'l.. ~. ;<:~:~ I! . .;., .flf.~O',~I' iHI L~ ~.~,~~! __I "'-~'~ I~~t']~ ':. ' .. ~', . - - T "" ll:t' j,. . \ , i . . '" :C&T "," ~ _ '"mT '.LJ . ~ w ~F;tl ~,,'I"-UH~ r. 'I' 1 "c' .'%1);,,,,.. ~ i-t = 1 , _" ~; : '.,. ~..".. '''''' ~ ,. Mill- 1 . 'u "Flfu'",.JJ ", ~ """ . ~ ~ >DiJG::'. I '...,....,--~ ...-:'~a1 ' ;'t'~'. ~ : !' 'r' v. ~~/.r,I.I, ~.. ''R~'' ,. ~"I""'i 0-1 7T/;: . '1{:tl:l(",,;J :. .; :~", .~'~'p,.j " : I .. '<:~ l>(::;-\~--r: ~\. :~ -i- :....- ' ~. , . '" ~ , ". " ~" ""'" ~ '",.,.." '. . . , "-' . .... : :~.,. rtf;~ ~1'J'" "'.'" :,.,.,." ~ : :': ".. : : '" 'r" : ,""" 1 ...' , , '~.. , . '. flj' j.. . ~ """ ~ ..~ ___" ,_ , ""'" ...."", ~ .~: "'".''''''''''' 't\; t;/V~ g....lki"".. : , .~"~: : t" 1 " : '.. ,*.., ""''""l11l'' "i, 'J .,.~. '.. · ^',. '''''~' 'j. "LM.Q,oJ'", "", ~.o< ...., f-T ::P'I'I~""'::,~~" _" -c ":': '1JO,!f.'",," , : ",~...,,: "':~ ", ',,,,..., . ,. '" ""- '"'" , .. '. , , '= """=. .... '"',, . .... '. .. . =",..,.. " I _" If I/~i '~~ '0->' "'. """ '.. ... , , ...", . ... '~'>4:,. :'", '- ~'''. "''''''m , " __ ., .~." . ..,,,,,. -l, '... '. ""c,' " n' ~. "~,. fiiIh [11; .,... ,,,."~ 1 " "1__' ;::':::'1 ';:::: m'..' .,=....,.. """"'\'" ".,.".~. H' ~ ~~~~. "::'::'1 __ ' . , ~ J'i. "'~",;"" L.: ..J3", .. 'n . LJ! III' ~, p)"_IN', : ",,,_ -- : . . N"V "' -Y:c ,. " . 1 . ; "2 I - . I rrr, '4= k" '" '_, L....'lm I;~ +1; :E~.j:l'\?;: '; L' ~o;".. 1 ''il., , : --. m', (,;1. il i ____ ~ '.r.. ,~""'. ~" " ", ,,- ' I A~RES,I~ -t-- ",.,. ,1"'1I col.., 0J.i . '+ ' ''', : ~ ,. , ,.,1 ""', _ ~ROEN "" 1 ____ 3H' w;hp:!P,q. '7:'L'.. i~O%M~:J '"; +-~ '\ '."___I~''':'~~:~~ I .w ~VlE;.s'\I-\I-l"~~' ,"'H' ,." < ~ '" "'. ,; , 1 ., ",. '" < .. " -. ~ "....,.,. ", .', "1'J. '. '. . flj71 ~ · "'~:. .c~rf,:~ dJ,~ Fl,~!'~.ie~j';f:='~ ;"""'''I,T,'' .;L_._.. ,,;,.., '~: , ' 'II ='>''- , . , . · "''''~' . . ,'''- ", -..,~. I..",.., II · ~" ."" ,'~~, ,,' 'oW ""'" ---",N. ".::-:_~~. ''''M';', . I :: "" ". ...;~ H~~ ... I "(TIll". '8 :.' "-l',I>Ir! '~m";; 1; q .\iIDd~~Jq;J,,: I~ E'[E1;,=kl , " 'i"C}21 u ~ ~'~rl E\'it!l"" '" ',. 1=\1' ......~OI~ " ' ' .. ..,.. . """"~' ...", '., ~ H'" ''''''' , , '", '"'1' 4 , , 'y ,-". r ,,~.. ~ , =("-' ,_ L, ..:' '~'" :;OfL,,,",, ' "_'~ ' . '..,--, ~ .. '''''111"""" ", . -C. .... "0 \..----"" ci: ; H', 1;!Kl ~- ~ ,.",., I ." ~,~".! r-(i\F'!D~;, !-\!'-iUh,,', '".'..', \.!- ; . ~ .", '':::''i, L r!TY i);" v'" ..., , :.,....L:;l- ~", -- ~ -,,-- -J , J /".- :it J~ I I I =. - , , /~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , ) DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Planning ITEM NO., Approve Extension of ?'\C. Preliminary Plat - Shadowbrook (;O'Bunker, LLC David L. Carlberg Community Development Director Reauest The City Council is requested to approve the extension of the preliminary plat for Shadowbrook for one year as provided in Ordinance No. 10, Section 11.01. Section 11.01 requires the final plat to be filed within one year of the approval of the preliminary plat unless an extension of time is granted by the City Council. Attached is a letter from Tony Emmerich, Chief Manager, Bunker, LLC requesting an extension to May 7,1999. History '\ The Council is aware that an extension of the preliminary plat was granted by the Council on '- j August 5, 1997, This was after the one year period had expired on May 7, 1997. The item was added to the agenda as a consent item. This was an error on the part of Staff to request the item be placed on the consent agenda without informing the Council of the expiration of time. Recommendation Staff recommends the Council approve the extension of the preliminary plat as requested by Bunker LLC. There have not been significant changes to City Ordinances or Policies effecting the plat to warrant denying the extension request. , / BUNKER, LLC.' 10738 Hanson Blvd. NW Coon Rapids, MN 55433 February 23, 1998 Mr. David Carlberg City of Andover 1685 Crosstown Blvd. , ' Andover, MN 55304 Dear Mr, Carlberg: Please extend the preliminary plat of Shadow brook from May 7, 1998 to May 7,1999. , " If you have any questions regarding this request, please don't hesitate to call me at your .... -j convemence. Sinc rely, To mmerich Chief Manager BUNKER, LLC. , " // CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \, ) DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Order Plans & Specs/97 -1 OA/Bunker Lake Blvd, East of Hanson Blvd. to Crane St./ q~~Way/WalkWay Trail The City Council is requested to approve the resolution ordering plans and specifications for Project 97-10A, Bunker Lake Boulevard (north side of road) east of Hanson Boulevard to Crane Street NW, for a bikeway/walkway trail. '. \.~ -) If you recall, the Anoka County Highway Department will be reconstructing the intersection to provide turn lanes and updating the existing signal system to accommodate for vehicles wanting to make left turns for each leg. Due to the high volume of traffic, it is recommend at a minimum to construct a bikeway/walkway trail along the north side of Bunker Lake Boulevard between Hanson Boulevard NWand Crane Street NW (located about ~ mile east of Hanson Boulevard NW). This is being recommended due to the number of children and adults that are walking or riding bikes to get to SuperAmercia to buy things. A couple individuals from the neighborhood have called with the concerns of the high volume and high speeds of traffic. This proposed route is the most accessible and shortest route to get to SuperAmerica for the neighborhood. Staff has contacted the Anoka County Highway Department about including this with their project and they would be willing to do this with the reconstruction project. Staff has contacted the Park and Recreation Commission and they have recommended that this section be included with the county project. This will be funded by Park Dedication Funds. '. '- ~ j , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97- 10A FOR THE BUNKER LAKE BOULEVARD (NORTH SIDE OF ROAD) EAST OF HANSON BOULEVARD TO CRANE STREET NW. FOR A BIKEWAYIWALKWAY TRAIL. WHEREAS, the City Council is cognizant of the need for the BikewaylWalkway Trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the F improvement of Bunker Lake Boulevard (North Side Of Road) East Of Hanson '- , Boulevard To Crane Street NW. for a BikewavlWalkwav Trail, Project 97-10A; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ EnQineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 17th day of March ,19~, with Councilmembers in favor of the resolution, and Councilmembers voting voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor ", / Victoria Volk - City Clerk '...11...:.....-- , - Ed~~ I I ~RD4 . ~~ lf1{i~'."";.'.F'\ I' '" 'jot' . trV /1 Ie' .1111' I l.cHoo' I ~,'" _ (~" " I . OAKS I' :-:.)'- I , '...r.>i:(o""" I .... 3 I ! loI.I"!. tN.- - I , . . I -- -111-.---\ \~:Z~~~'::~~A I \'~ ,! I -, I ~":;"~' 'X.I;" I I ,') I -.J : S'UAI"://~ .~~ I II I I _OEf>A.'MEN' ':/' ~"\"5.' 'i-~"~I~.~. I ~ I , I \ : ~~~~'d~'" 'I \ 1 I ~ ''.11~3'\ . 0 ~\.:'..l'N'~>!~"""" m"'_"~ _"_'~" r..' ,7 ''Y..\~ .' c.: - - d- \' I , _ ..,....-= : , f," .~', " . ,- ',~ ~. Ci- ,,-, - - - - 1- .:>...K .~:.: ;; ;'!'(,I'" ~.:';o. ,~ ..." me ......... I l.,....--""" ~~ I ~'f,~:':,:~ j~i;S;;; ~ ~ :. ;,1: :". :.': ,:: :. .~~i./ 11 ,,~. /~ ~ ~ I iYifOOOLAf'lo,l, p'~~-,.cl: K1-~ .='_ !:.. n'~:.:.' ': ,:.-. ",....., , . "cl., ~ ; , ; ;,~ ~,i ~~~ '.: ~ . I ~, ~ ~2' rl"r.,,17f.\;,;WI9/~: 'a~''''./IIo,:>N~~lm,.P.;!i .11 '"'" ' I ,{, Fi::;c.'...." ''''''':/11'1'' I' ./'11' , ' ,! ",b, i\ 1 ,~""":'::lf' 'I' '1"I,~;>J(zj, I~'" ,~,~, 1':."_ I [f'" "ie;"fJ """""". ~_'';/I "J' 'II' .1 :~\ i I .)lJ~l '_u~ T""'~~ l i~ :,~i'II,~"~,i!!JI~J% I -+.- B~Rf'~sil4bl:LI~~;~_. I 1 ::::'" , ~, ..." I' . E' " ~s" I" . , I, .,__~ I 'W -" :: ... ,,:;r.1,,~ .... ':" " :". ; I :'''.;..-' I l I,'" '~~ . , '~'::::'I u_'" 'fo1-' ," '1''-- I IfENsINGrOIi!11 ,'.. 17,. II I . ~ ,,41, I 1 I - WI"";E;(i"!' ~.' /1 , " , : 5J" ,..'J;'t'; ,...qJ , '"Ii, I' . ~ ' ESTA" i U ,.. JT ,II'" 'LL~ H' Ii- >",\" ;;;. 6'" '1 ',' I' ' I '\'''''. .' ''''~.'''' ",.' '__ "'-J' '''~'''''', I '. ':' ,E:::'~ 6.\,/'1.1' ..", ..,,; 'to....."". p,. "'" ~ I 'f 1 ,t== 'r I "~IlI'I"", "O'T~ " F,i " I . ,t r';:;ie~~' , :' iT~C';, I'Jl ~ . i:~ '+-~~~ . "I ,,- !~:.:: ~'l"'fwm~ ~ . 'i' ..n~,~2..~:"tlil'~ 1 . " ." 0" il' "~JI ." ,{. , I . . ~ 4 ~ ~I"I~~ i ., I ,.,;) I :""-. Ii I \ 1 / / ~~O~: C"'-p'1 'I;,' " ~I ~ ,;!/'!3:f~~"';'! 1;0(" '."~":~ :~ I" ..jj. c;~:A1 '1;1~"'''7~-t "",,,.,,;,, _ ___ ~ _ ' ::; ,,::';:~ .' ~ '. ' VIM " '~-tl' :'Jv/~'.~,I "'~iL- I-- '- zr:Ill: .. 21 " 8 ~ . _ . /~ :--0 ~:t.:1!t~"I"QO'4~ J:hl1"~"".;"" ~L." "'" n;(.J i U~:!1. 6 I~ . I "c::::%' .,, '" ,;,o~ , ,~, ," ..-;:::: 1 ~-:.q ~~, T, " "",~:,,~,. : :@, . <>~'1ltc.;;~~,i-i,;"I'J. / "- '~~k ,,; "~ -:'{-'.; 1 ... ~"" ..,.:',;;.:: I' ~ ~. ,,+-~~l:iIM?4",:,:;,,,,.::,,,,,,:!,,,,,,~,.:7.7 ....... ~..,.. . "". 1 ~ 10... '2.' ~'.'~;i"'lr.Jl:: ';':< {J .. ;n~:' "".1. .. riff "., ~ ,:. ...6 . . "'''/LLI"';r(J''.-,.;::''- '-- "".!".I"l1;1!:l of-."', It" .." Itl''''': . """.,,(7; , ,', "".00""'" 01::\ I~. "'~~I? :3ii-:~"c ~' L_, "<.([~'l'!' :' i' . :~~'~'%i ~ ~,.S~ 'I l ~.~,.:,';,~-O.--;-v,";r.'Fr.).'=,'>--...,!, ' ! -.,..; """." ,j -~~ ."", .r;t.!;~,if.f, I. II'''~~ 1'/,"/ :' 1.r./I.'5;" .",,'l7;'~,,;Y"';';i;T.!/i! 1~1~\~" "'/01" 'i (,~,""""!." :;;.:)..~,,,.:,' :. ;." , /-; :'! : ;;'" ~'>~,:~~id!;;I"i'~,f.."F."'~ ~ "II" ,,;-O"'\>:'~:~ "0..,' .:'" ~ : .' . .k.v, jrr.. ~,'\..l':"tN!'" ,; "Jff:fH; ~8, ii'>>.>.\~ ;~\ljd::i':: '. '~ , . . ';:;~ . 0' . 'jj' I:' , t. I' )(.."Ja ~..~ . , dl.lNICE '.'" ~./. 'n ;:HM~ 11"....,.,....;; .:':;';' '.' , : ,. " "." ,,' "'''./,..... :','., ,t:' /!IN :'~:'Y: -::/" I : I lOt . . ....,-;;-hl n " <:...:...' .. $ " ,tiff.. . ",..'/ ~:.......- -;-.; :,' N., -------i----- .': '" .".. , " ..\;V;"i'!;r.;; ;. (tJ1ii/"'I.!!;r:d."."....uBR /....I'_/~ . .!3in::'Jfti: ; ,i: ',BUN .; "'~ '......', >'If;' '. DV",.. E' , ,," :(; ..r:r.. 0'1' :J......<t" 10.', . ;;"'. >4if .......!.![f. ,1(~' ... ,.". II- R'/J5i].',:' .0. ,:. IIlf" If..,,,,,' , I ~'" 5."" ~. / ' OANG S , It) ';' ....,....... '. 1 .01 ~"i:'~h"l.1I7lsI4f:j'"E ,., "'~i ,. .... IoIA!~; ,;' ;;;, '.C~ ' ". . .".. ',,\~':'" ....... _.5 : ~: :: ',",' ~~ I ,,_ '. !? . . ::: ,;;,;,zNDi'!::-m! ,{\:~\,~ ?;..r, ~ . I...J~'" 'I~' [..I",,,,,. '., ' ' "z' ~ ~7 / - iE""I,. ,f'!'. "':"":: U III I ' 'H~I:' ~ ~,l),I,j.4.r;r.r.\~";":~I". ~oo -- ,.. -.\--.-'~UNKER " ~ ~~ R .,,~.~., ,II ~ f--. PAN,",,:: A d" ~ g? ~~~.::;; i I' .../1 //.~ LAKE ~OMMf P.1t.. ff- ~ i . ~ "AT '. ~~l i '<':::" I I .. ~~; : _ I ~, (JAR.oEN I ACRE~, II ill ~'~..~,~ ~~~,J.I,/.).JE,$T , ""'---'/[7,1:::" 1-----+----1--- ~ :::<<, . C'i .. : '''ADD. '." IJ-i .' 1 I ......1. t ' """ ~ :r'a 7" PHEJJ$AN. II '. . I j- . .' "~,I~~, -:';"'s,'~ ..... ''''ADOWS'" .; I" ~..; I ' I ~~~~ I ,.,Y..c.~,::),",: e" ..~. I . . ~ ."""',",1 .. r.M;'~~~ ;: 1,. ' .. I'f To ::::;:J"I 1 ~ 1~ .i~ ~ 10 JAtJDtrltl.!' ~ c . ..., . '~, n I I I { . ~' ~~ S4 ~I\k/~- .1._" t; :" I~, '",~", I I g~~'~&~lli ...'b::", :.""'LL' i _~;.,.~~~.~~ ' .. I I d '.' , 1 I "JF /' '~}N Ht..F.'!DS~ .!.\NOK:~\ GO.'----'I '-, -.~.., I NIG;. <ftlffiALE I' ...,.,.~r~1 H I OAKVIEW I MIDDLE , " IJ ,!~. ,~ , IL d i -.::::.. "::- \ .>/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ,~ DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Declare Costs/97-7/Crown Pointe East 2nd Addition Q-r. Scott Erickson,~l Engineering The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of sanitary sewer, watermain, storm sewer and streets, for Project 97-7, Crown Pointe East 2nd Addition. A separate unit of assessment will be processed for the Chapman's at a future date. , / '\ ) ., 'J 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 SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-7. CROWN POINTE EAST 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $344.948,35 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 116.498.22 and work previously done amount to $167.707,55 so that the total cost of the improvement will be $629.154,12 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 5.113,96 the amount to be assessed against benefited property owners is declared to be $ 624.040,16 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.1Q years. The first of the installments to , J be payable on or before the 15th day of April 1998, and shall bear interest at the rate of _ 6 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 17th day of March , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " j J,E. McKelvey - Mayor Victoria Volk - City Clerk ANDOVER SPECIAL ASSESSMENTS , '\ '-) PROJECT NAME: Crown Pointa East Second Addition PROJECT NO,: 97-7 FEASIBILITY STUDY: Date March 7. 1997 CONTRACT AWARD: Dllte Jul:{ 1. 1997 FINAL CONTRACT COST: Engineering: Aerial MappIng (1% of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) Invoice Bonding (0.5%) Legal & Easement Adverti$ing City Expenses Testing: Braun Intertec. serco Laboratories Other: $ 46.20219 :& 1.21983 $ 553.91 $ 1034845 $ 3,44948 $ 1.724.74 $ 0,00 $ 432.60 $ 26.071.95 $ 3799.25 $ 49.00 $ 0,00 Construction Interest (6.0%) 9f1/97 to 3/17/98 = 6.5 months $ 11210.82 TOTAL EXPENSES: (0/. of Final Contract Co3t . 30.45738%) , j SEALCOAllNG: (11,436 SY x S1.00/SY): TOTAL PROJECT COST: Trunk Source and Storaae' Watermain: Connection Charge $ Area Charge $ Lateral Charge $ Sanitary Sewer: Connection Charge $ Area Charge $ Lateral Charge $ Storm Sewer. Area Charge $ 85 750,00 31.741.70 0.00 20 300 00 29.915.85 0,00 0,00 TOTAL TRUNK SOURCE AND STORAGE: city Snare: $3.920,02 x 1,3045738 (see Table A) Subtotal TOTAL TO BE ASSESSED Current Assessment per Lot $624.040.16/70 lots = $ 8,914.85/Lot Fea3ibility Study: Date March 7, 1997 , , ) e:main:11610:prQj97-7 9/~'d ES9:; 'ON Construction Amount $ 487200_00 Con3truction Amount $ 363,402-45 Final Construction Amount: $ 344.948,35 + $ 105.082.22 $ 11.436.00 $ 461.446,57 + = 170.00 Units @$ 1 225(0) (28.09 Acres @$ 1.130,00) (0.00 u= @$ 000) (70_00 Units @$ 29000) (28.09 Acres @$ 1.065,00) 10-00 LF @$ 000) (0.00 Acres @~ 0,00) + $ 167.707,55 $ 5.113.96 $ 162593,59 $ 624,,040.16 AmountS 1UiOT,92/1ot SODR ~NvR~ SlWOJJN NV2v:l: 836111'nw \ , j ASS~SSMI!NT ROLL COMPUTATIONS CROWN POINTE EAST SECOND ADDITION CITY PROJECT 97-7 ANDOVER, MINNESOTA MFRA #11610 '- LATERAL BENeFIT SECTION 1 w SANITARY SEWER A Final CQn$wctlon C~ $ 70,255.35 B. Expenses (30.45738%) + S 21.397.94 c, Total - Sanitary Sewer $ 91.653,29 D. Assessable - $91.65329170 lots $ 1,30933/1ot SECTION 2 . WATeRMAIN A Final Construction Cost B. Expenses (30.45738%) C. Subtotal - WatelJTIain D. Less City share including expenses ($3,920.02 x 1,3045738) See details below - Table A " / E. Total - Watermain F. Assessable $112,370.41170 lots S QO,055.75 + $ 27.428.62 :II 117,484.37 $ 5113.96 $ 112,370.41 $ 1,605.29/1ot Table A City Share Prairie Road: This comprises 1/2 the cost of the watermain from the south plat line of Crown Poinle East Second Addlnon to tile nortll Plat line of Crown Pointe East Second Addition, Item I No. Description Quantity Unit Price Amount I 1. 6" DIP Class 50 Watermain 14 $ 10,25 $ 143.50 2. 8" DIP Class 50 Watermain 274 12.55 3.43870 3. S" MJ Resilient Seat Gate Valve 1 406,00 406.00 4, 8" MJ Resilient Seat Gate Valve 2 550,00 1,100,00 S, MJ DIP ~ittings 208 0.73 151,84 SUBTOTAl $ 5,240,04 5. 6" MJ HUB Hydrant 9'-0. (City Share-100%) 1 1.300,00 1,300,00 CflY SHARE. 1/2 TOTAL 0.5 (5,240,04) $ 2.620.02 TOTAL CITY SHARE $ 3,920.02 \ J 9/~'d E99; 'ON -2-S0D~ ~Nv~~ S1WO))N N'v'EtT 8361 'E1 'lBl'l SECTION 3 - STORM SEWER '. A. Final Construction Cost S 62,654.50 , ) B. Expenses (30A5738%) + S 19,082.92 C. Total- Storm Sewer $ 81,737.42 D. Assessable $81.737.42170 lots $ 1,167.68I1ot SECTION 4 . STREET CONSTRUCTION A. Final Construction Cost $ 121,982.75 8, Expenses (30.45738%) T $ 37,152.75 C, Total-SrreetConstruction $ 159,135.50 D. Assessable $159,135.5000 lots $ 2,273.36/lot TOTAL LATERAL CHARGE SECTION 1 - SANITARY SEWER $ 1.309.331l0t SECTION 2 - WATERMAIN $ 1,605.29110t SE:CTION 3 - STORM SEVIIER $ 1,167.68/1ot SECTION 4 - STREET CONSTRUCTION $ 2273,36/1ot TOTAL LATERAL CHARGE $ 6,355.66/1ot , J II. TRUNK SOURCE AND STORAGE SECTION 1 - SANITARY SEWER A, Connection Charge $ 290.00/lot B, Area Charge $ 427. 37110t (28.09 acres X $1 ,06S.00/aerenO lots) SECTION 2 - WA TERMAIN A. Connection Charge $ 1,225.001l0t B, Area Charge :Ii 453.45(1ot (28,09 acres x $1.130,OO/acreJ70 1015) III. OTHER SECTION 4 - STREET CONSTRUCTION A. Sealcoating 11,436 SY x $1.00ISYI70 lot:l $ 163.3711ot , , '- /) 'g/v 'J Egg; 'ON -3-S00~ ~NV~~ SjWO~~N NVOT 8361 TI 'JeW IV, SUWAARY , I. SECTION 1.0 - SANITARY SEWER LATERAl $ 1,309.33/1ot , .' . I. SECTION 2.F,- WATERMAIN LATERAl $ 1,605.29I1ot I. SECTION 3,0 - STORM SEWER LATERAl $ 1,167.6Bllot I. SECTION 4.D - STREET CONSTRUCTION LATERAL ~ 2,273.36/1ot II, SECTION 1.A - TRUNK SANITARY SEWER CONNECTION $ 290.00/lot II, SECTION 1.6 - TRUNK SANITARY SEWER AREA $ 427.3711ot II. SECTION 2,A - TRUNK WATERMAIN CONNECTION $ 1,225.00Ilot II SECTION 2,B - TRUNK WATERMAIN AREA $ 453.45/1ot III. SECTION 4,A - SEAlCOA TING $ 163.37/101 TOTAL $ 8,914.85/1ot e:main,' 161 O:proJ97-7 '. '. J , \ '. ) g/; 'J Egg; 'oN -4- SOO~ XNi'~& S3J'IO:J:JN NYO T 8361 TI 'HI'! , , \.__/J t: en 0 C/'J +:i UJ 'E "" " 'C ?5 0 <C 0 ! 'C .... c;! -- t: t: N "15 0 (J a.. C1l Z s;:; C/'J W ~ - Z 0 LI') 11) tIl !;i 0 ~ .... .... ~ tll l,) <Xi <Xi (.) UJ .... Q ~ "- "- (Q (Q .:.: !z r- .... (.) a:: w w J- ., D:: 0 oc: D:: :J z Q. <.> z 0 "- "- 0 ~ C') C') (,) .... "" "" ... .... en ..... ..... U) Q! to " W ~ I- is .... - Q C") .. ..... \ Z ~ w t;~~ 0 .., M ) q; I- ~ "" r-. U. I- ~ W:tO .... to to u 0::...... M M 0 W ....0< ~ ~ ~O z U)Zw 0 -en (.)~ i= ~ ~ ..J a (D (D 0 ::ett: ~ (Q '" - Cf.l r--: r--: u ~~ ...- W ILl CD ~ ... .... J-W r- .... en en In 00 'It .... t: Z 0) .Q :;;;: 0 en en IX;) ~ N N :: r:: ~ ~ "0 ..-- ~ W to CD I- "'" 'C ~ t: ~ C 0 Z Cll 0 l') M en >- 0 C') M :J 1ii lI::g;; r- cJi cJi 0 .. ~~ 0 0 :! a::: (U ...., M ~ UJ ZW r- ..-- <( .l!l '<(u) Cl en UJ c: 0 '0 cn c: 0- J- cn .... z UJ c t: W W en 5 ) 3: ~ ... CI) lD " 8 W '<( I- <( .0; ~ ... (J en z ..,J CD U) j:: - " :t - ~ ~ 0 w...w 0 i:: Z ~ la-I- .. 0 ...J . Cl :! 0 !'; Q.. ...J lD c;! oc(~~ < ~ " 9/l 'd ES9j 'ON SOO~ ~NV~~ SjWOJJN NVO:I: 836111 'JeW CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \ '. j DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,il Engineering ITEM NO. Adopt Assessment RolI/Waive Hearing/ m~/crown Pointe East 2nd Addition The City Council is requested to approve the resolution adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer and street construction for Project 97- 7, Crown Pointe East 2nd Addition, The developer has waived the public hearing (see attached letter). A separate unit of assessment will be processed for the Chapman's at a future date. r \ , -.j \ " ) \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 97-7. CROWN POINTE EAST 2ND ADDITION, WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: / 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years, The first of the installments to be payable on or before the 15th day of April 1998, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution, 3, The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 17th day of March , 19~, 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 i " ' FROM HAMPTON HOMES,INC. PHONE NO. : 6127548418 Mar. 13 1998 03:33PM P2 \ As4fnrb ,', mrur!.ltpmtttl: (!!orpnrat:tntt~ lInr. "- 3640 - 152nd Lane N.W. w Andover, MN 65304 . 612-427-0435 Mareh 1~, 1908 Mr. Scott Erickson. City Engine.r ,C1 ty of 'Andovel" 168~Cro.;.~0Wn Blvd NW Andover, MR 55304 i j _/, :RSl e~ Po:LI'1t:~ JZa.t:. Secol'1d Addition s~eial AsseBmllents. near Mr. Eric.on, AsbrorcS De'?e1~t CotpOrat:ion. Inc. accep1:s t:he CrOWD Pointu , ;gas'l:, 8ltcand Ad,U.t1on special QI;J$G$GJII8nts oJ! '8. !)14.85 per lot, and. waiveb it' B x-ight of iI'public haar1DC]. , SinceI:'9l:y. ~w~ .Jerry lIIindsc:h1t:l, President Ashfard PcveloPGent Corpo~atioD, Inc. \ ,I DATE March 17. 1998 ITEMS GIVEN TO THE CITY COUNCIL . Planning and Zoning Commission Minutes - February 24, 1998 . Zoning Ordinance Review Task Force Minutes - February 24, 1998 . Housing and Redevelopment Authority Minutes - March 4, 1998 . Economic Development Authority Minutes - March 4, 1998 . City Council Minutes - March 4, 1998 . Park and Recreation Commission Minutes - March 5, 1998 . Memo from Dan Winkel, Fire Chief - March 12, 1998 . February 1998 Monthly Building Report . Shadowbrook 3rd Addition Final Plat . Shadowbrook Cove Townhomes . Bylaws & Rules of Association/Covenants/Restrictions/Shadowbrook 3rd Addn./BunkerLLC . Echo Hills 2nd Addition Final Plat . Hamilton Square Stormwater Feasibility Report . Schedule of Bills PLEASE ADDRESS THESE ITEMS ATTHIS MEETING OR PUT THEM ON THE NEXT AGENDA; THANK YOU. ~- . -\-. Andover FIRE DEPARTMENT Memorandum Date: March 12, 1998 To: Andover City Council From: Dan Winkel, Fire Chief j),W. Subject: Information Regarding Firefighter Training This memo is written as an invitation for Council to attend firefighter live burn training. As Council is aware of, the single-family home located at Mom's Salvage Yard, is now owned by the city and is scheduled for demolition. The fire department will be conducting live fire training on Wednesday, March 18, and Wednesday, March 25. Two training sessions will be held on each of these days. The first will began at 9:00 a.m., and the second to be conducted at 6:00 p.m. Once again, the Council is certainly invited to attend and watch our firefighters train under live fire conditions. Please note that we have tentatively scheduled the house to be burned on Saturday, March 28. The burn will probably start between 5:00 a.m. and 6:00 a.m. Also enclosed is a copy of a thank-you card from Mr. Robert Root. Our firefighters from Station 3 responded to Mr. Root's home for a possible heart attack. Shortly after our arrival, Mr. Root did have a very serious heart attack. Our firefighters performed CPR and assisted HealthSpan paramedics in preparing Mr. Root for transport to the hospital. DW:dmz Encl: 1 Station 1 13875 Crosstown Blvd. Andover, Minnesota 55304 612/755-9825 Fax: 612/755-9583 Station 2 16603 Valley Drive Andover, Minnesota 55304 612/421-9426 Station 3 1785 Crosstown Blvd. Andover, Minnesota 55304 612/755-9044 '. .... --- :;hkl~KC~~~ v~ C1Yl~ C'Y,- Qd-ef rlLl~~L d 2- , I 997. J) , n " r'\ n 1t~c..C'-CL~ c:""L ~yG-lL'\- ~G...0; ~ CLnK , \j \ . . '\ 1'1) ~ (\, ' " ~ _ . _ '. \1'1 ~.... I ~~ '._ ,_"'. t. ! " t'::' \\'~_~ ,,,,'lJ: C) \.I,"\:.... \'-'\l\..;_I....~"\.-(,,'-"-6:- ()ll.-,'_ '-"~, \::... ~ ) . ~ ,\ ,,' (, ", ,\, . , .. :' ,:+ ,. '...l', I ., _i'l". \' '/, ^ _, ' ' ""-'~ O...p U/u.!.-\___U.L.\.....LJ::J'\i:... V (\ L\L,~VJ... l ~! \J:.J.l..<.-,-I.-"- ~ '\ \. ...l).- : i:, ~' ' , ' '" " ~.\ ' ... \ ....... ~ ~,' ..('\. ""--'" "\L,--'" , ),.....\.'....'- \'I'\~ ,-,\..iL:l.- ~"- r,. '- \...-\- l' 1.., . ,. ~ (\ -t ^ \ \\, L . \ '. -- \'. ",. \ l\ f' -' T. ,~ .' . , ~ 1\_ ,+~(\.)u S- __ c' ~~L~~V\(Lt- G-tTL .'....... \lL,q Y1~} ,,--tLq~-,\Q -+~'-'is-? C\.J.\.-L-) k 6Le-v,c '\-- ~'- V'--'c 0~hMfl tdat J ~ #fJffi~- JUv nuu:I; nzoJtb ~ tiatv ~ CUfi/~ ~y~~~~ Q cr6 d- Qo-n~t TO: May~~~~d_~Jty~~':I_l1.c.!!__ __ ____ ___ FROM: DavidAhngren___J____ _______ _ RE: 1998 Monthly Building Report February Additions ------- 1 G~r~g~~__ _~__ ~~ __~___ _ __~_ __~__ _ _194,55 _~ _ 6,300,00 Remodeling/Finishing 1 Com-me~cial}3uifdinJl-= ~___ _~~5,14~.72_~~59~,!4_ ,_- 36.740,86ls 1 Pole-Bldgs/Barns- $ 859,24 $ 22,00 $ 881,24 I $ 43,638,00 1 Sheds--~T~::~___________ _ n$__-=--6i2S-$--- _ Joa $ 63,25] $ 2,000,00 1 SwirnJl1~ng Pools $ _~!?L~5_ $ _ _ _~~2Q_ _$__ _ 172.45 I $ 10,400,00 _ 1 c.~imney/Sto\le/Fireplace $ _87,25 $ _ _~,OO $ __ .a9:29~' _$ 4,000,00 1 Struc!lJ~C3I_c;~_Cl~~~s________J____..?_4,?5_$ _0:50 $ 35,15 $ 500,00 3 Porches/Decks $ 363,34 $ 5,35 $ 368,69 $ 10,716,00 .u___._.__._____~___ .- - -- - - - - -- Repair Fire Damage 1 ~~~~fJ_ ~ $__n---~-~~-n407~t~1,50000 38 SUBTOTAL 84,980,56 $ 10,345,809,00 ----~__~_=L__~_ ___ FEE~-~~LLECT~~--n 38 BlJil_dil1!L~ermits -$ 81,672~~L _$3~~Q~,O~ }__ _84,980,56\_ A~!3~lding n n__ _ Curb Cut Demolition ------.------ Footing - ----,~-- ---~-- i Renewal I i _ _ -- --- I Moving i ~!t~~;~i.P'i' i ::ili~ i$.- ~::0:,~5}0:J$~=~~'t2l4!,-~5::01-- .- 1 Plumb~n~_~epair____ _ J__24,OO ~l 4; ~~~~ng_ _______ _ ~ 1~~:~~ - 1,00 ~ __ 1~~:~~_1____ Septic Repair i _ _24 ~ater Meter $_ 1,200,()O ==~::: -$=__-i,2_00:Q.OJ:_-n_- 't~ ~~~~;;;r~so~i~~~~:~'[!__ ;__~~::~~ nn_::~-==- t_-_: ~~::~~-I 27 License Verification Fee $ 135,00 $ 135,00 : 8:eaJ.l~_~~~~ri.ty____ ___ __~___=__==-_-=::_ I 25, S~w~r_~min, _~~e.. J~!~:OO _ ~__- - 375,0-0-1 102 S~c;~~tail1ag~_y_e~_ ~~c!:Q~ __ 1,020,00 , 1 R~inspecti~n~~_~_ $ 42,00 42,00 I Rental License I 413T~T~~S~L__~_ -- _$96,66-3.,17- $ 3,35.5,0_9_ _L___1QO,018,26J ~~:~:-~~~~~~ ~~ ~~~::: ~~ ~ - - =- ~ -1- -~ ~ - ~ - u~~l- tTotal Valuation Y'tb-~l--1998 i $-13,673,919,00 : IT_o_tal Valuation YTO : r-_1997 - -- - , I .. n ; $ 3,530,500,00:. , 11"otal Building Department Income YTD - 119999-781-$$--- - - --13599n,'598820-=,'-4(75~il ==~. Total Building Department Income YTD ~ i 1_ COMMON INTEREST COMMUNITY NUMBER (Planned community) SHADOWBROOK COVE TOWNHOHES DISCLOSURE STATEMENT BUnker, LLC, a Minnesota limited liability company, 10732 Hanson Boulevard, NW, Coon Rapids, MN 55433, Seller and Developer ("Declarant"). Gor-em, LLC, 10732 Hanson Blvd., NW, Coon Rapids, Minnesota 55433, as transferee of Special Declarant Rights is also referred to for the purpose of such Special Declarant Rights, as the "Declarant": The information in this Disclosure Statement is accurate as of , 199_ ATTACHMENTS Common Interest Community Plat Articles of Incorporation Bylaws Declaration and any Amendments thereto Transfer of Special Declarant Rights Balance Sheet and Projected Annual Budget during the year a Unit was first conveyed to a Purchaser Current Annual Budget Copy of M.S. Section 5158.4-112 through 5158.4-115 Copy of M.S. Ch. 327A Description of Insurance site Plan depicting Location of Improvements Deed for Common Elements Current Rules and Regulations RECEIPT I (We) hereby acknowledge receipt of a copy of the booklet containing the foregoing disclosure documents and information for Shadowbrook Cove Townhomes Common Interest Community Number (Planned Community). Dated: Purchaser Purchaser 022698 STATUTORY NOTICE A. Within fifteen (15) days after receipt of a Disclosure statement, a purchaser may cancel any Purchase Agreement of a Unit from Declarant (Bunker, LLC) or from Gor-em, LLC provided that the right to cancel terminates upon the purchaser's voluntary acceptance of a conveyance of the Unit from the Declarant; B. If a purchaser receives a Disclosure statement more than fifteen (15) days before signing a Purchase Agreement, the purchaser cannot cancel the Purchase Agreement; and C. If a Declarant obligated to deliver a Disclosure statement fails to deliver a certificate which substantially complies with Minnesota statutes Chapter 515B.4-102 to a purchaser to whom a Unit is conveyed, the Declarant shall be liable to the purchaser in the amount of One Thousand and no/100 ($1,000.00) Dollars, in addition to any damages or other amounts recoverable under the Minnesota Common Interest Ownership Act (the ItActlt) or otherwise. This Disclosure statement is furnished pursuant to the requirements of the Minnesota Common Interest Ownership' Act, Minnesota statutes Section 515B.4-102. Prospective purchasers are not to construe the contents of this Disclosure statement or any pages appended hereto or any communication in connection herewit~ as legal or tax advice. Each purchaser should consult his own cou~sel and tax adviser as to legal and tax matters and related matters concerning this purchase. The following information is provided pursuant to the requirements of Minnesota Common Interest Ownership Act, Minnesota statutes section 515B.4-102. (1) The name and number of the Common Interest Ownership- Community: Shadowbrook Cove Townhomes Common Interest Community Number a Planned Community (Anoka County, Minnesota) (2) Name and principal address of Declarant: Bunker, LLC 10732 Hanson Boulevard NW Coon Rapids, MN 55433 Names and principal address of a Declarant holder ItSpecial Declarant Rightslt: 022698 2 Gor-em, LLC 10732 Hanson Boulevard NW Coon Rapids, MN 55433 (3) General description of the Common Interest Community ("CIC") : Initially, the Planned Community CIC will contain fifty- five (55) residential Dwellings and a total of fifty-five (55) units. It is contemplated by the Declarant and approved in principle by the City that the total development will eventually consist of a total of one hundred sixty (160) single Dwellings and one hundred sixty (160) Units. The buildings will be single-story and the primary construction of the buildings, as contemplated, is wood frame with brick and vinyl facade. There are no recreational facilities, common rooms or similar amenities. It is contemplated, subject to construction delay, that the building comprising the initial structure will be completed by July 1, 1998. Each Dwelling will be substantially completed at the time of conveyance to Purchaser. If each Dwelling were not so completed, Declarant would be responsible for completing and paying for the construction of the Dwelling. There is no further fixed schedule for construction of additional Dwellings at this time. The project will be expanded to include all additional Dwellings as sales progress; however, the Declarant makes no representation that additional Dwellings will be constructed. All of the garages, surface driveways, walkways and other improvements which are shown on the eIC plat as in existence or as "Must be built" will be completed substantially contemporaneously with the last completed Dwelling, subject to weather or seasonal restrictions. No Units may be added to the Common Interest Community beyond the total number contemplated in this development, except as provided in the Declaration. The Common Interest Community is being built in phases under the "Flexible Common Interest Community" provisions of the Act. STATUTORY NOTICE The following notice is required by Minnesota statutes. The Declarant has reserved in the Declaration certain rights to add additional real estate. These rights allow a Declarant to add Units or Common Elements to a common 022698 3 interest community, and to make other changes to the community over a specified period of time. These changes may have a substantial effect upon the units or rights of unit Owners, by changing relative voting power and share of common expenses, by increasing the number of persons using the Common Elements, by altering the size and appearance of the common interest community and by making other changes which may affect the value or utility of the Units. A purchaser of Units in this common interest communi ty should consider the possible effects of the Declarant's rights reserved for this project. Declarant's rights to add additional real estate are reserved in section 16 of the Declaration. IT IS IMPORTANT TO NOTE that the Declarant is not legally obligated to construct any of the buildings on the Additional Real Estate added to the Common Interest Community. (4) There are no supplies and services not reflected in the budget or projected budget referred to above which the Declarant provides, or expenses which it pays, and'which it expects may become at any subsequent time a Common Expense of the Association. (5) The Purchase Agreement provides that an amount equal to two (2) months' Association assessments will be due from the purchaser to the Association at closing. This' amount is not in prepayment of or substitution for monthly assessments but is intended as a contribution to the Association's initial working capital and reserves. (6) The liens, defects or encumbrances on or affecting title to the Common Interest Community after contemplated conveyance shall be as follows: the the a. Existing roads and utilities; b. Utility and drainage easements a shown on the recorded Plat; c. The prov~s~ons of Minnesota Common Interest Ownership Act, Minnesota Statutes sections 515B.1- 101 to 515B.4-118. d. The provisions of the Declaration, Bylaws, Common Interest Community Plat of record as of date of the closing. and the e. The lien of real estate taxes against the unit 022698 4 (including installments of special assessments and interest thereon payable therewith, if any) due and payable in the year of closing and thereafter and special assessments hereafter levied; f. Applicable building and zoning laws and other regulations and ordinance; g. The rights or purchaser therein, if any, and any liens, encumbrances or other interests created or suffered to be created due to act or omission of purchaser; h. Mineral rights of the state of Minnesota. (7) No financing is offered or arranged for by the Declarant. (8) The Common Interest Community has not received any final project approvals from the Federal National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC), Department of Housing and Urban Development (HUD) or Department of Veterans Affairs '(VA) . (9) Declarant acknowledges that it is bound by the terms of Minnesota Common Interest Ownership Act, Minnesota statutes Sections 515B.4-112 (express warranties) and 515B.4-113 (implied warranties), and Minnesota statutes Ch., 327A, copies of which are reproduced and attached hereto. Declarant hereby disclaims any express representation or warranty except with respect to description of the quantity or extent of the real estate comprising the Common Interest Community, subject to customary tolerance. . (10) The statutory statement referred to in this subparagraph is reproduced beginning on the face of this Disclosure statement. (11) The Declarant after reasonable inquiry has no actual knowledge of any unsatisfied judgments against the' Association, pending suits to which the Association is a party, or pending suits material to the Common Interest Community or the Unit being purchased. (12) Earnest money of $ will be held in connection with the purchase of a unit and will be held in an escrow account by Registered Abstracters, Inc. at 2115 Third Avenue North, Anoka, MN 55303, until closing or until termination of the Purchase Agreement, and will be returned to the purchaser if the purchaser cancels the Purchase Agreement pursuant to Minnesota Common Interest ~2~8 5 ownership Act, Minnesota statutes section 5158.4-106. The Earnest Money may also be delivered for payment of construction costs pursuant to a written agreement between the Declarant and the purchaser as permitted by Section 5158.4-109 of the Minnesota Common Interest Ownership Act. (13) The insurance coverage in the form of a blanket policy to be provided by the Association for the benefit of Unit Owners is described on an attachment hereto. The Association shall not be obligated to provide coverage for the benefit of any Owner for the improvement or benefit to a Dwelling, the cost of which exceeds One Thousand and nO/100 ($1,000.00) Dollars and results in an increase in insurance that the Association is required to furnish. The Association shall also not be obligated to provide coverage for any fixtures, decorating items or construction items, carpeting, wallcovering, fixtures, furniture, furnishings or other personal property installed by the Unit Owner or a previous owner or tenant of the Unit. The Association shall not be obligated to provide coverage for personal liability of the Owner. (14) There are no current or expected fees or charges to be paid by Unit Owners for the use of the Common Elements and other facilities related to the Common Interest Community. (15) The improvements which are shown on the Common Interest Community Plat as in existence or "Must Be Built" will be completed substantially contemporaneously with the last completed Unit subject to weather or seasonal restrictions. No special financial arrangements have been made to provide for completion of all improvements that the Declarant is obligated to build pursuant to the Minnesota Common Interest ownership Act. (16) The disclosures required by Minnesota Statutes section 5158.4-102(18) are not applicable to this Common Interest Community. (17) The real estate taxes for the Unit or any real property owned by the Association are not delinquent. The real estate taxes, including the amount of any special assessments certified for payment with the real estate taxes due and payable with respect to the Unit in the year 1998 are estimated to be $ . Declarant will pay at closing any delinquent taxes and all special assessments levied or pending which it is obligated to pay. 022698 6 (18) Neither the Association nor the purchaser of the Unit will be a member of a master association and, as such, the disclosures required by Minnesota statutes Section 515B.4-102(20) are not required. (19) The Dwelling will be substantially completed at the time of conveyance to the purchaser. (20) Copies of the following are attached: a. Declaration; b. Transfer of Special Declarant Rights; c. Articles of Incorporation; d. Bylaws; and e. Rules and regulations promulgated to date by the Board or Directors of the Association. There are no other recorded restrictions or reservations Interest Community except those paragraph (6). covenants, conditions, affecting the Common affecting title noted in (21) The current balance sheet for the Association and the projected annual budget for the Association for the year in which the first Unit is conveyed to a purchaser, or the current annual budget, whichever is appropriate, is attached. No projected budget for further years has been adopted by the Association. The projected budget was prepared by Declarant. (22) The Declaration authorized and the Declarant has established an alternative assessment program under which Declarant may limit its liability for assessments on Units owned by Declarant to 25% of any assessments until such time as a Certificate of Occupancy is issued by the City of Andover for the units owned by the Declarant. The right to the alternate assessment program is a Declarant right granted Gor-em, LLC as a Special Declarant Right. Provisions of the alternative assessment program are set forth in the Declaration. (23) The Declarant shall promptly amend this Disclosure Statement to reflect any material change in the information required by Minnesota statutes Section 515B.4-102. Attachments are a part of this Disclosure Statement. 022698 7 (INSERT CODON INTEREST CODUNITY PLAT) Phase 1 T Lot Block T Lot Block 2 2 18 3 3 2 19 3 4 2 20 3 T5 5A/5 2 21 3 T6 6A/6 2 22 3 T7 7 2 23 3 T8 8 2 24 3 T9 9 2 25 3 T10 10A/10 2 26 3 T 11 11A/11 2 27 3 12 2 28 3 13 2 29 3 14 2 15 2 16 2 17 2 18 2 19 2 20 2 21 2 22 2 T = Torrens property 23 2 24 2 25 2 26 2 27 2 28 2 29 2 T30 30A/30 2 T 31 31A/31 2 T 32 32 2 T33 33A/33 2 4 3 5 3 6 3 7 3 8 3 9 3 10 3 11 3 12 3 13 3 14 3 15 3 16 3 17 3 Shadowbrook Third Addition Exhibit A T Lot Block T Lot Block 2 2 18 3 3 2 19 3 4 2 20 3 T5 5N5 2 21 3 T6 6N6 2 22 3 T7 7 2 23 3 T8 8 2 24 3 T9 9 2 25 3 T10 1 ON1 0 2 26 3 T 11 11N11 2 27 3 12 2 28 3 13 2 14 2 15 2 16 2 17 2 18 2 19 2 20 2 21 2 22 2 T = Torrens property 23 2 24 2 25 2 26 2 27 2 28 2 29 2 T30 30N30 2 T 31 31N31 2 T32 32 2 4 3 5 3 6 3 7 3 8 3 9 3 10 3 11 3 12 3 13 3 14 3 15 3 16 3 17 3 Shadowbrook Third Addition Exhibit B Common Area Lot 33 I 33A Block 2 Lot 29 Block 3 Shadowbrook Third Addition ~ \ .... \ () '.''' \ " \ , ~1g I ;; ~ " a_ I ~'": ! ",., I I , , I . '. >~ I <:: '\ ~ ,.. / ~ ~ / I <:: 2 '- .. ~.,.. ~ ""/ '~>>.'" I:-~:~ >:'" ".., "'~ -,' ,.,lt9~08'J6.! . ' 292.~-9.' , , . .,i ~; ~~ ;. , , , '\ ~O r I '" .., , ,;, . " ,. ~ .. ot ~ I / ... ,. >: '" I :~ .. ~.i. ~~ . / , ia~ ...~:;r.! ;..:t':: ;if z R ~ 0 .... " ~:;~ '" !-Q CD ..'" t:~ 0 ~' t''': ~!~ ~. Q t~r i!' ~:I ,_I i 4" "r- jij .... / / / ...:2~i::'::- _ .:;::/;,~ ~j :.i: ~,,"', .' ;~ ;.. ~ ARTICLES OF INCORPORATION OF SHADOWBROOK COVE TOWNHOMES ASSOCIATION In compliance with the requirements of the Minnesota Nonprofit Corporation Act, Minnesota statutes, Chapter 317A, the undersigned, who is a resident of the state of Minnesota and who is of full age, has this day voluntarily associated himself for the purpose of forming a corporation not for profit, and does hereby certify: ARTICLE I Name The name of the corporation is SHADOWBROOK COVE TOWNHOMES ASSOCIATION, hereinafter called the "Association". ARTICLE :n: Location, The registered office of the Association is located at 10732 Hanson Blvd. NW, Coon Rapids, Minnesota 55433 c/o Bunker, LLC. ARTICLE III Registered Agent Anthony J. Emmerich, whose address is 10732 Hanson Blvd. NW, Coon 'Rapids, Minnesota 55433, is hereby appointed the initial registered agent of this Association. ARTICLE IV Purpose and Powers of the Association This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence lots and common elements within that certain tract of property described as: Lots through Lots ---- through Shadowbrook Second, inclusive, Block 2, inclusive, Block 3, Anoka county, Minnesota; and to promote the health, safety and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose; and to: (a) exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Common Interest Community for Shadowbrook Cove Townhomes, hereinafter called the "Declaration", applicable to the property and recorded or to be recorded in the office of the County Recorder and/or Registrar of Titles of Anoka County, Minnesota, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if set forth at length; (b) fix, levy, collect and enforce payment by any lawful means of all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the 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; (d) borrow money and, with the assent of 75% of the members, mortgage, pledge, deed in trust or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; (e) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property, provided that any such merger, consolidation or annexation shall have the assent of 75% of the members; (f) have and to exercise any and all powers, rights and privileges which a corporation organized under the Nonprofit Corporation Law of the state of Minnesota by law may now or hereafter have or exercise. ARTICLE V Association Membership: Rights and Obligations Membership in the Association, and the allocation to each unit of a portion of the votes in the Association shall be governed by the following provisions: 2 5.1 MembershiD. Each owner shall be a member of the Association by virtue of unit ownership, and the membership shall be transferred with the conveyance of the owner's interest in the unit. An owner's membership shall terminate when the owner's ownership terminates. When more than one person is an owner of a unit, all such persons shall be members of the Association, but multiple ownership of a unit shall not increase the voting rights allocated to such unit nor authorize the division of the voting rights. 5.2 votinq. Voting rights are as established in the Declaration creating Shadowbrook Cove Townhomes, Common Interest Community Number ____. ARTJ:CLE VJ: Board o~ Directors The affairs of the Association shall be governed by a Board of three Directors. The names and addresses of the persons who are to act in the capacity of directors until the selection of successors are: NAME ADDRESS Gary Gorham 10732 Hanson Blvd. NW Coon Rapids, MN 55433 , 'Anthony Emmerich 10738 Hanson Blvd. NW Coon Rapids, MN 55433 Mike Quigley 10738 Hanson Blvd. NW Coon Rapids, MN 55433 Additional directors shall be selected and serve in accordance wi th the By-Laws of the Association and as provided in the Declaration creating Shadowbrook Cove Townhomes Common Interest Community Number The Board of Directors shall have all powers necessary for the administration of the affairs of the Association, and may exercise for the Association all powers and authority vested in or delegated to the Association (and not expressly prohibited or reserved to the owners) by law or by the governing documents. ARTJ:CLE VJ:J: Duration The corporation shall exist perpetually. 3 ARTICLE VBI Amendments Amendment of these Articles shall require the assent of 67% of the entire membership. ARTICLE IX This corporation shall not afford pecuniary gain, incidentally or otherwise, to its members. ARTICLE X The corporation shall have no capital stock. ARTICLE XI The extent of personal liability, if any, of members for corporate obligations and the methods of enforcement and collection is none. ARTICLE XII The name and address of the incorporator of this corporation is as follows: Anthony J. Emmerich 10738 Hanson Blvd. Coon Rapids, MN 55433 IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the state of Minnesota, I, the undersigned, the incorporator of this Association, have executed these Articles of Incorporation on this ____ day of 1998. Anthony J. Emmerich 4 STATE OF MINNESOTA) )SS COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of , 1998. Notary Public THIS INSTRUMENT WAS DRAFTED BY: GRIES & LENHARDT, P.L.L.P. 100 East Central P.O. Box 35 st. Michael, MN 55376 1 COKMON INTEREST COKMUNITY NUMBER (Planned community) SHADOWBROOK COVE TOWNHOMES BY-LAWS SECTION 1 GENERAL The following are the By-Laws of Shadowbrook Cove Townhomes Association, a Minnesota nonprofit corporation (the "Association"). The Association is organized pursuant to section 515B.3-101 of the Minnesota Common Interest Ownership Act (the "Act") for the purpose of operating and managing Shadowbrook Cove TOwnhomes, a planned community created pursuant to the Act. The terms used in these By-Laws shall have the same meaning as they have in the Declaration of Common Interest Community for Shadowbrook Cove Townhomes (the "Declaration") and the Act. SECTION 2 MEMBERSHIP 2.1 owners defined. All Persons described as Owners in Section 4 of the Declaration shall be members of the Association. No Person shall be a member solely by virtue of holding a security interest in a Unit. A Person shall cease to be a member at such time as that Person is no longer an Owner. 2.2 Reqistration of owners and OCCuDants. Each Owner shall register with the Secretary of the Association, in writing, within 30 days after taking title to a Unit, (i) the name and address of the Owners and any Occupants of the Unit, (ii) the nature of such Owner's interest or estate in each Unit owned; (iii) the address at which the Owner desires to receive notice of any meeting of the Owners, if other than the Unit address; (iv) the name and address of the secured party holding the first mortgage on the Unit, if any; and (v) the name of the Owner, if there are multiple Owners of the Unit, who shall be authorized to cast the vote with respect to the Unit. The Owner shall have a continuing obligation to advise the Association in writing of any changes in the foregoing information. 2.3 Transfers. The interests, rights and obligations of an Owner in the Association may be assigned, pledged, encumbered or transferred, but only along with and as a part of the title to the Owner's Unit or as otherwise specifically authorized by the Governing Documents or by law. SECTION 3 VOTING 3.1 Entitlement. Votes shall be allocated to each Unit as provided in the Declaration. , However, no vote shall be exercised as to a Unit while the unit is owned by the Association. 3.2 Authori tv to Cast Vote. ,At any meeting of the Owners, an Owner included on the voting register presented by the Secretary in accordance with section 4.6, or the holder of such Owner's proxy, shall be entitled to cast the vote which is allocated to the Unit owned by the Owner. If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If the Owners of a unit fail to agree as to who shall cast the vote, or fail to register pursuant to section 2.2, the vote shall n9t be cast. 3.3 votinq bv Proxy. An Owner may cast the vote which is allocated to the Owner's unit and be counted as present at any meeting of the Owners by executing a written proxy naming another Person entitled to act on that Owner's behalf, and delivering the same to the secretary before the commencement of any such meeting. All proxies granted by an Owner shall remain in effect until the earliest of the following events; (i) revocation by the granting Owner by written notice or by personally attending and voting at the meeting for which the proxy is effective, (ii) eleven months after the date of the proxy, unless otherwise provided in the proxy, or (iii) the time at which the granting Owner is no longer an Owner. 3.4 Votinq bv Hail Ballot. The entire vote on any issue, except the removal of directors, may be determined by mailed ballots, subject to the following requirements: a. The notice of the vote shall: (i) clearly state the proposed action, (ii) indicate the number of responses needed to meet the quorum requirements, (iii) state the percentage of approvals necessary to approve each matter other than election of directors, and (i v) specify the time by which a ballot must be received by the Association in order to be counted. -2- b. The ballot shall: (i) set forth each proposed action and (ii) provide an opportunity to vote for or against each proposed action. c. The Board of Directors shall set the time for the return of ballots, which shall not be less than 15 or more than 30 days after the date of mailing of the ballots to the Owners. The Board of Directors shall provide notice of the results of the vote to the Owners within 10 days after the expiration of the voting period. 3.5 d. Approval by written ballot under this section is valid only if the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. Vote Required. A majority of the votes cast at any properly constituted meeting of the Owners, or cast by mail in accordance with section 3.4, shall decide all matters properly brought before the Owners, except where a different vote is specifically required by the Governing Documents or the Act. The term "majority" as used herein shall mean in excess of 50% of the votes cast at the meeting, in person or by proxy, or voting by mail, in accordance with the allocation of voting power set forth in the Declaration. Cumulative voting shall not be permitted. SECTION " MEETINGS OF OWNERS 4.1 Place. All meetings of the Owners shall be held at the office of the Association or at such other place in the State of Minnesota reasonably accessible to the Owners as may be designated by the Board of Directors in any notice of a meeting of the Owners. ".2 Annual Meetinq. An annual meeting of the Owners shall be held in each fiscal year on a date, and at a reasonable time and place, designated by the Board of Directors. At each annual meeting of the Owners, (i) the Persons who are to constitute the Board of Directors shall be elected pursuant to section 5, (ii) a report shall be made to the Owners on the activities and financial condition of the -3- Association, and (iii) any other matter which is included in the notice of the annual meeting, and is a proper subject for discussion or decision by the Owners, shall be considered and acted upon at the meeting. 4.3 SDecial Meetinqs. Special meetings of the Owners may be called by the President as a matter of discretion. Special meetings of the Owners shall be called by the President or Secretary within 30 days following receipt or the written request of a majority of the members of the Board of Directors or of Owners entitled to cast at least 25% of all the votes in the Association. The meeting shall be held within 90 days following receipt of the request. The request shall state the purpose of the meeting, and the business transacted at the special meeting shall be confined to the purpose stated in the notice. The purpose for which the meeting is requested and held must be lawful and consistent with the Association's purpose and authority under the Governing Documents. 4.4 Notice of Meetinq. At least 21, but no more than 3 Q' days in advance of any annual meeting of the Owners, and (Subject to section 6.3 of the Declaration) at least 7, but no more than 30, days in advance of any special meeting of the Owners, the secretary shall send, to all persons who are Owners as of the date of sending the notice, notice of the time, place and agenda of the meeting, by united States mail, or by hand delivery, at the Owner's unit address or to such other address as the Owner may have designated in writing to the Secretary. The notice shall also be sent to the Eligible Mortgagee, upon request, at the address provided by the Eligible Mortgagee. Any Eligible Mortgagee shall, upon request, be entitled to designate a representative to be present at any meeting. Notice of meetings to vote upon amendments to the Articles of Incorporation shall also be given separately to each officer and director of the Association. 4.5 ouorum/Ad;ournment. The presence of Owners in person or by proxy, who have the authority to cast in excess of fifty percent (50%) of all the votes in the Association shall be necessary to constitute a quorum at all meetings of the Owners for the transaction of any business, except that of adjourning the meeting to reconvene at a subsequent time. Any meeting may be adjourned from time to time, but until no longer than 15 days later, without notice other than announcement at the meeting as initially called. If a quorum is present at the -4- reconvened meeting, any business may be transacted which might have been transacted at the meeting as initially called had a quorum then been present. The quorum, having once been established at a meeting or a reconvened meeting, shall continue to exist for that meeting notwithstanding the departure of any Owner previously in attendance in person or by proxy. The Association may be counted in determining a quorum as to any unit owned by the Association. 4.6 votinq Reqister. The Secretary shall have available at the meeting a list of the Unit members, the names of the Owners, the vote attributable to each unit and the name of the Person (in the case of multiple Owners) authorized to cast the vote. 4.7 Aqen~a. The agenda for meetings of the Owners shall be established by the Board of Directors, consistent with the Governing Documents, and shall be sent to all Owners along with the notice of the meeting. SECTION 5 ANNUAL REPORT 5.1 The Board of Directors shall prepare an annual report on behalf of the Association to be mailed or delivered to each Owner together with the notice of the annual meeting. The report shall contain at a minimum: a. A statement of any capital expenditures in excess of two percent of the current budget or $5,000.00 whichever is greater, approved by the Association for the current year or succeeding two fiscal years. b. A statement of the balance in any reserve or replacement fund and any portion of the fund designated for any specified project by the Board of Directors. c. A copy of the statement of revenues and expenses for the Associations I s last fiscal year, and a balance sheet as of the end of said fiscal year. d. A statement of the status of any pending litigation or judgments to which the Association is a party. e. A statement of the insurance coverage provided the Association. -5- f. A statement of the total past due assessments on all Units, current as of not more than 60 days prior to the date of the meeting. SECTION 6 BOARD OF DIRECTORS 6.1 NUmber and oualification. The affairs of the Association shall be governed by a Board of Directors. The first Board of Directors shall consist of the persons designated as directors in the Articles of the Incorporation of the Association or appointed to replace them by the Declarant, subject to the rights of Owners to elect directors as set forth in section 6.2. Upon the expiration of the terms of the members of the first Board of Directors, the Board of Directors shall be composed of three (3) directors, a majority of whom shall be Owners, or a duly authorized representative of the Owner if the Owner is a corporation, partnership, limited liability company, trust or other entity which has the capacity to hold title to real estate. . 6.2 Term of Office. The term of office of the members of the Board of Directors shall be as follows: a. SUbject to Subsection b, the terms of all directors appointed by Declarant as authorized by the Declaration shall terminate upon the earliest of (i) voluntary surrender of control by Declarant, (ii) an Association meeting which shall be held within 60 days after conveyance to Owners other than a declarant of 75% of the total number of Units authorized to be included in the common interest community or (iii) the date five (5) years following the date of the first conveyance of a Unit to an Owner other than a declarant. The term of office of any director elected to the first Board of Directors by Owners other than the Declarant shall terminate at the same time as those appointed by Declarant. b. Notwithstanding the provisions of Subsection a, the Owners other than Declarant shall have the right to nominate and elect not less than 33-1/3% of the directors at a meeting of the Owners held within 60 days following the conveyance by Declarant of 50% of the total number of Units authorized to be included in the common interest community. -6- c. The first terms of office of the directors elected by the Owners immediately following the termination of the terms provided for in Subsection a. shall be two years for three of the directors and three years for two of the directors. The nominee or nominees receiving the greatest numbers of votes shall fill the longer terms. Each term of office thereafter shall be two years and shall expire upon the election of a successor at a subsequent annual meeting of the Owners; provided, that a director shall continue in office until a successor is elected. A number of nominees equal to the number of vacancies, and receiving the greatest numbers of votes, shall be elected, notwithstanding that one or more of them does not receive a majority of the votes cast. A director appointed or elected to fill an uncompleted term shall serve until the natural termination of that term, unless removed in accordance with these By-Laws. There shall be no cumulative voting for directors. 6.3 Nominations. Nominations for election to the Board of Directors shall be made by a nominating committee appointed by the Board of Directors, or from the floor at the annual meeting or by "write-in" if authorized by the Board. 6.4 Powers. The Board of Directors shall have all powers necessary for the administration of the affairs of the Association, and may exercise for the Association all powers and authority vested in or delegated to the Association (and not expressly prohibited or reserved to the Owners) by law or by the Governing Documents. The powers of the Board of Directors shall include, without limitation, the power to: a. adopt, amend and revoke Rules and Regulations not inconsistent with the Governing Documents, as follows: (i) regulating the use of the Common Elements; (ii) regulating the use of the Units, and the conduct of Owners and Occupants, which may jeopardize the health, safety, or welfare of other Owners and Occupants, which involves noise or other disturbing activity, or which may damage the Common Elements or other Units; (iii) regulating or prohibiting animals; (iv) regulating changes in the appearance of the Common Elements and conduct which may damage the Property, (v) regulating the exterior appearance of the Property, including, for example, balconies and patios, window treatments, -7- and signs and other displays, regardless of whether inside a unit; (vi) implementing the Governing Documents, and exercising the powers granted by this section; and (vii) otherwise facilitating the operation of the Property; b. adopt and amend budgets for revenues, expenditures and reserves, and levy and collect assessments for Common Expenses from Owners; c. hire and discharge managing agents and other employees, agents, and independent contractors; d. institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself or two or more Owners on matters affecting the Common Elements or other matters affecting the Property or the Association, or (ii) with the consent of the Owners of the affected Units on matters affecting only those Units; e. make contracts and incur liabilities; f. regulate the use, maintenance, repair, replacement and modification of the Common Elements and the Units; g. cause improvements to be made as a part of the Common Elements; h. acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, subject to the requirements of the Act for the conveyance or encumbrance of the Common Elements; i. grant public utility easements through, over or under the Common Elements, and subject to approval by resolution of the Owners other than a declarant or its affiliates at a meeting duly called, grant other public or private easements, leases and licenses through, over or under the Common Elements; j. impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements, other than Limited Common Elements, and for services provided to Owners; -8- k. impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements, other than Limited Common Elements, and for services provided to Owners; 1. impose reasonable charges for the review, preparation and recordation of amendments to the Declaration or By-Laws, resale certificates required by section 515B.4-107, of the Act, statements of unpaid assessments, or furnishing copies of Association records; m. provide for the indemnification of its officers and directors, and maintain directors' and officers' liability insurance; n. provide for reasonable procedures governing the conduct of meetings and the election of directors; 6.5 o. appoint, regulate and dissolve committees; p. exercise any other powers conferred by law Or the Governing Documents, or which are necessary and proper for the governance of the Association. Keetinqs and Notices. An annual meeting of the Board of Directors shall be held promptly following each annual meeting of the Owners. At each annual meeting, the officers of the Association shall be elected. a. Regular meetings of the Board of Directors shall be held at least on a quarterly basis, at such times as may be fixed from time to time by a majority of the members of the Board of Directors. A schedule, or any amended schedule, of the regular meetings shall be provided to the directors. b. Special meetings of the Board of Directors shall be held when called (i) by the President of the Association, or (ii) by the Secretary within ten (10) days following the written request of any two (2) directors. Notice of any special meeting shall be given to each director not less than three (3) days in advance thereof. Notice to a director shall be deemed to be given when deposited in the united States mail postage prepaid to the Unit address of such director, or when personally delivered, orally or in writing, by a representative of the Board of Directors. -9- c. Any director may at any time waive notice of any meeting of the Board of Directors orally, in writing, or by attendance at the meeting. If all the directors are present at a meeting of the Board of Directors, no notice shall be required, and any business may be transacted at such meeting. 6.6 Ouorum and votinq. A maj ori ty of the members of the Board of Directors shall constitute a quorum for the transaction of business at any meeting thereof. A quorum, once established, shall continue to exist, regardless of the subsequent departure of any directors. Each director shall have one vote. The vote of a majority of the directors present at any meeting at which a quorum is present shall be sufficient to adopt any action. Proxies shall not be permitted. 6.7 Action Taken Without a Meetinq. The Board of Directors shall have the right to take any action in the absence of a meeting which it could take at a meeting when authorized in a writing signed by all the directors. 6.8 Vacancies. A vacancy in the Board of Directors shall be filled by a person elected within 15 days following the occurrence of the vacancy by a majority vote of the remaining directors, regardless of their number; except for vacancies created pursuant to section 6.2 and 6.9 of this section. Each person so elected shall serve out the term vacated. If the remaining directors are unable to agree on a replacement, then the Owners shall select a replacement at a special meeting. 6.9 Removal. A director may be removed from the Board of Directors, with or without cause, by a majority vote at any annual or special meeting of the Owners; provided, (i) that the notice of the meeting at which removal is to be considered states such purpose, (ii) that the director to be removed has a right to be heard at the meeting and (iii) that a new director is elected at the meeting by the owners to fill the vacant position caused by the removal. A director may also be removed by the Board of Directors if such director (i) has more than two unexcused absences from Board meetings and/ or Owners meetings during any twelve month period or (ii) is more than 60 days past due with respect to assessments on the director's unit. Such vacancies shall be filled by the vote of the Owners as previously provided in this section. -10- 6.10 Comcensation. Except as authorized by a vote of the Owners at a meeting thereof, the directors of the Association shall receive no compensation for their services in such capacity. A director, or other Owner or Occupant may, upon approval by the Board of Directors, be retained by the Association and reasonably compensated for goods and services furnished to the Association in an individual capacity. Directors may be reimbursed for out-of-pocket expenses incurred in the performance of their duties. 6.11 Fidelitv Bond. Fidelity bonds or insurance coverage for unlawful taking of Association funds shall be obtained and maintained as provided in the Declaration on all directors and officers authorized to handle the Association's funds and other monetary assets. SECTION 7 OFFICERS 7.1 princical Officers. The principal officers of,' the Association shall be a President, a Vice President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors. The Board of Directors may from time to time elect such other officers and designate their duties as in their judgment may be necessary to manage the affairs of the Association. A person may hold more than one office simultaneously, except those of President and Vice President. Only the President and Vice President must be members of the Board of Directors. 7.2 Election. The officers of the Association shall be elected annually by the Board of Directors at its annual meeting and shall hold office at the pleasure of the Board. 7.3 Removal. Upon an affirmative vote of a majority of the members of the Board, any officer may be removed, with or without cause, and a successor elected, at any regular meeting of the Board of Directors, or at any special meeting of the Board of Directors called for that purpose. 7.4 president. The President shall be the chief executive officer of the Association, and shall preside at all meetings of the Board of Directors and the Association. The President shall have all of the powers and duties which are customarily vested in the office of president of a corporation, including without limitation the duty -11- to supervise all other officers and to execute all contracts and similar obligations on behalf of the Association. The President shall have such other duties as may from time to time be prescribed by the Board of Directors. 7.5 Vice President. The Vice President shall take the place of the President and perform the duties of the office whenever the President shall be absent or unable to act. The Vice President shall also perform such other duties as shall from time to time be prescribed by the Board of Directors. 7.6 secretary. The Secretary shall be responsible for recording the minutes of all meetings of the Board of Directors and the Association. The Secretary shall be responsible for keeping the books and records of the Association, and shall give all notices required by the Governing Documents or the Act unless directed otherwise by the Board of Directors. The Board of Directors may delegate the Secretary's administrative functions,to a managing agent; provided that such delegation sha~l not relieve the Secretary of the ultimate responsibility for the Secretary's duties. 7.7 Treasurer. The Treasurer shall have responsibility for all financial assets of the Association, and shall be covered by a bond or insurance in such sum and with such companies as the Board of Directors may require. The Treasurer shall be responsible for keeping the Association's financial books, assessment rolls and accounts. The Treasurer shall cause the books of the Association to be kept in accordance with customary and accepted accounting practices and shall submit them to the Board of Directors for its examination upon request. The Treasurer shall cause all moneys and other monetary assets of the Association to be deposited in the name of or to the credit of the Association in depositories designated by the Board of Directors, shall cause the funds of the Association to be disbursed as ordered by the Board of Directors and shall perform all other duties incident to the office of Treasurer. The Board of Directors may delegate the Treasurer I s administrative functions to a managing agent; provided that such delegation shall not relieve the Treasurer of the ultimate responsibility for the Treasurer's duties. 7.8 Compensation. Except as authorized by a vote of the Owners at a meeting thereof, officers of the Association shall receive no compensation for their services in such -12- capacity. An officer, or other Owner or Occupant may, upon approval by the Board of Directors, be retained by the Association and reasonably compensated for goods and services furnished to the Association in an individual capacity. Officers may be reimbursed for out-of-pocket expenses incurred in the performance of their duties. SECTION 8 OPERATION OF THE PROPERTY 8.1 Assessment Procedures. The Board of Directors shall, at least thirty (30) days prior to the first day of the Association's fiscal year, prepare a budget of Common Expenses for the Association and assess and levy such Common Expenses against the Uni ts according to their respective Common Expense liability as set forth in the Declaration. The annual budget shall include a general operating reserve, and an adequate reserve fund for the maintenance, repair, and replacement of those Common Elements and parts of the Units that must be mainta~ned, repaired or replaced by the Association on a pe~iodic basis. a. The Board of Directors shall fix the amount of the annual assessment against each Unit and advise the Owners in writing of the assessment at least thirty (30) days prior to the date when the first installment thereof is due. Increases in assessments shall be subject to the limitations set forth in section 6 of the Declaration. The failure of the Board of Directors to timely levy an annual assessment shall not relieve the Owners of their obligation to continue paying assessment installments in the amount currently levied, as well as any increases subsequently levied. b. If an annual assessment proves to be insufficient, the budget and assessments thereof may be amended, or a special assessment levied, to the Board of Directors at any time subject to the limitations set forth in section 6 of the Declaration. The levy shall be deemed to occur upon the date specified in the resolution which fixes the assessment. c. The Association shall furnish copies of each budget on which the Common Expenses and the assessment are based to an Owner or to any Eligible Mortgagee, upon request of such persons. -13- 8.2 Payment of Assessments. Annual assessments shall be due and payable in monthly installments in advance on the first day of each month of the year or other period for which the assessments are made, and special assessments shall be due when designated by the Board of Directors. All Owners shall be absolutely and unconditionally obligated to pay the assessments levied pursuant to the Governing Documents. No Owner or Occupant shall have any right of withholding, offset or deduction against the Association with respect to any assessments, or related late charges or costs of collection. Any rights or claims alleged by an Owner may be pursued only by separate action. 8.3 Default in Payment of Assessments. If any Owner does not make payment on or before the date any assessment or installment thereof is due, subject to such grace periods as may be established, the Board of Directors may assess, and such Owner shall be obligated to pay, a late charge as provided in the Declaration for each such unpaid assessment or installment thereof, together with all expenses, including reasonable attorneys' fees, incurred by the Board in collecting any such unpaid assessment. a. If there is a default of more than thirty (30) day in payment of any assessment, the Board of Directors may accelerate any remaining installments of the assessment upon prior written notice thereof to the Owner, and the entire unpaid balance of the assessment and late charges shall become due and payable upon the date stated in the notice unless all past due amounts, including late charges, cost of collection and fines, are paid prior to said date. b. The Board of Directors shall have the right and duty to attempt to recover all assessments for Common Expenses, together with any charges, attorneys' fees or expenses relating to the collection thereof. c. Upon written request of an Owner or an Eligible Mortgagee of such Unit, notice of a default of more than thirty (30) days in payment of any assessment or installment of an assessment for Common Expenses or any other default in the performance of obligations by the Owner shall be given in writing to such Eligible Mortgagee. -14- d. The rights and remedies referred to herein shall in no way limit the remedies available to the association under the Declaration or by law. 8." Foreclosure of Liens for Unpaid Assessments. The Association has the right to foreclose a lien against a unit for assessments imposed by the Association, as more fully described in the Declaration and the Act. 8.5 Records. The Board of Directors shall cause to be kept at the registered office of the Association, and at such other place as the Board of Directors may determine, records of the actions of the Board of Directors, minutes of the meetings of the Owners of the Association, names of the Owners and Eligible Mortgagees, and detailed and accurate records of the receipts and expenditures of the Association. All Association records, including receipts and expenditures and any vouchers authorizing payments, shall be available for examination by the Owners and the Eligible Mortgagees upon reasonable notice and during normal business hours. Separate accounts shall be maintained for each Unit setting forth the amount of the assessments against the Unit, the date when due, the amount paid thereon and the balance remaining unpaid. 8.6 Enforcement of Obliqations. All Owners and Occupants and their guests are obligated and bound to observe the pr(:lvisions of the Governing Documents, the Rules and ~eg~lations and the Act. The Association may impose any or all of the charges, sanctions and remedies authorized by the Governing Documents, the Rules and Regulations or by law to enforce and implement its rights and to otherwise enable it to manage and operate the Association. SECTION 9 AMENDMENTS These By-Laws may be amended, and the amendment shall be effective, upon the satisfaction of the following conditions: 9.1 APproval. The amendment must be approved by Owners who have authority to cast in excess of fifty percent (50%) of the total votes in the Association, in writing or at a duly held meeting of the Owners, subj ect to any approval rights of Eligible Mortgagees and the Declarant as provided in the Declaration; and -15- 9.2 Notice. A copy of the proposed amendment and, if a meeting is to be held, notice of such meeting, shall be mailed by U.S. Mail, or hand delivered, to all Owners authorized to cast votes; and 9.3 Effective Date: Recordinq. The amendment shall be effective on the date of approval by the required vote of the Owners and need not be recorded. If recorded, the amendment shall be recorded in the office of the recording officer for the county in which the Property is located. SECTION 10 INDEMNIFICATION The Association shall, to the extent the alleged liability is not covered by insurance, indemnify every individual acting in any official capacity on,' behalf of the Association, pursuant to the provisions of Minnesota Statutes S317A.521. SECTION 11 NONDISCRIMINATION The Association shall comply with all requirements imposed by any applicable statute relating to the properties or executive order prohibiting discrimination on the basis of race, color, sex, religion or national origin, and concerning equal opportunity and employment or use, sale, lease or other disposition of properties, or any housing or other facilities now or hereafter located thereon. SECTION 12 MISCELLANEOUS 12.1 Notices. Unless specifically provided otherwise in the Act, the Declaration or these By-Laws, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States Mail; except that registrations pursuant to Section 2.2 shall be effective upon receipt by the Association. 12.2 Severability. The invalidity or unenforceability of any part of these By-Laws shall not impair or affect in any -16- 12.3 12.4 12.5 12.6 12.7 manner the validity, enforceability or effect of the balance of these By-Laws. CaDtions. The captions herein are inserted only, as a matter of convenience and for reference and in no way limit or proscribe the scope of these By-Laws or the intent of any provision hereof. Conrlicts in Documents. In the event of any conflict among the provisions of the Act, the Declaration, the By- Laws or the Rules and Regulations, the Act shall control unless it permits the documents to control. As among the Declaration, By-Laws and Rules and Regulations, the Declaration shall control, and as between the By-Laws and the Rules and Regulations, the By-Laws shall control. Waiver. No restriction, condition, obligation or prov1s1on contained in these By-Laws 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 thereof which may occur. No CorDorate Seal. corporate seal. The Association shall have no Fiscal Year. The fiscal year of the Association shall be as determined by the Board of Directors. The undersigned hereby executes these By-Laws and certifies that they were adopted by Shadowbrook Cove Townhomes Association, a non-profit corporation incorporated under the laws of the state of Minnesota, effective as of the date hereof. Dated: , 1998. Secretary -17- ... , COMMON INTEREST COMMUNITY NUMBER Planned community SHADOWBROOK COVE TOWNHOMES DECLARATION THIS DECLARATION is made in the County of Anoka, state of Minnesota, on this day of , 1998, by Bunker, LLC, a Minnesota limited liability company, (the "Declarant"), pursuant to the provisions of Minnesota statutes Chapter 5158, known as the Minnesota Common Interest Ownership Act (the "Act"), for the purposes of creating Shadowbrook Cove Townhomes, a planned community. WHEREAS, Declarant is the owner of certain real property located in Anoka County, Minnesota, legally described in Exhibit "A" attached hereto, and Declarant desires to submit said real property and all improvements thereof (collectively the "Property") to the Act, and WHEREAS, Declarant desires to establish on the Property a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the Property, and . WHEREAS, the Property is not subject tO,an ordinance referred to in section 5158.1-106 of the Act, governing conversions of common interest ownership, and is not subject to a master association as defined in the Act. THEREFORE, Declarant makes the Declaration and submits the Property to the Act to establish as a Common Interest community ("CIC") Shadowbrook Cove Townhomes, a Common Interest Community Number , Anoka county, Minnesota as a planned community (and not a condominium or cooperative) initially consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the property, and that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. The plat of Shadowbrook Cove, CIC No. , pursuant to Minnesota statutes Chapter 505, and constitutes the CIC Plat for this CIC. 022698 SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise) : 1.1 "Additional Propertv" shall mean and refer collectively to all of the property which Declarant has the right to subj ect nor or in the future to the covenants and restrictions of this Declaration and more particularly described in Exhibit "C" attached hereto and made a part hereof. 1.2 "Association" shall mean the Shadowbrook Cove Townhomes Association, a nonprofit corporation which has been created pursuant to Chapter 317A of the laws of the state of Minnesota and Minnesota statutes section 515B.3-101, whose members consist of all Owners as defined herein. 1.3 "Board II shall mean the Board of Directors of the Association as provided for in the By-Laws. 1.4 "Bv-Laws" shall mean the By-Laws governing the operation of the Association, as amended from time to time. 1.5 IICommon Elementsll shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefits of the Owners and Occupants. The Common Elements are legally described in Exhibit "B" attached hereto. 1.6 "Common Expensell shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or By-Laws. "Dwellinqll shall mean a part of a building consisting of one or more floors, designed and intended for occupancy as a single family residence, and located within the boundaries of a unit. The Dwelling includes any garage attached thereto or otherwise within the boundaries of the unit in which the Dwelling is located. 1.7 1.8 "Eliqible Hortqaqee" shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which 022698 2 1.9 1.10 1.11 1.12 1.1j 1.14 1.15 1.16 1.17 022698 requires approval by a specified percentage of Eligible Mortgagees. "Governinq Documents" shall mean this Declaration, and the Articles of Incorporation and By-Laws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. "Limited Common Elements" shall mean features such as driveways, porches, patios, or the like which are physically located in the areas outside of a given Unit or Dwelling, but which are nonetheless ascribed to a given Unit or Dwelling for the purpose of usage and maintenance; while the Association may have certain rights to control, improve, maintain, repair or otherwise influence Limited Common Elements by virtue of the physical location thereof, a given Limited Common Element will generally be under the exclusive dominion and control of a given Unit. "Kember" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Government Documents. "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. "OWner" shall mean a Person who owns a Uni t, but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of Section 515B.l- 103(29) of the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. "Partv Wall" shall mean the shared wall between two Dwellings; if any. "Perso~' shall mean a natural individual, corporation, limi ted liability company, partnership, trustee, other or legal entity capable of holding title to real property. "Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of Section 515A.2- 110(d) of the Act, and satisfying the requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. "Propertv" shall mean all of the real property submitted to this Declaration, including the Dwellings and all 3 1.18 1.19 1.20 other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto. "Rules and Requlations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 5.6. "SDecial Declarant Riahts" means rights reserved in the Declaration for the benefit of a Declarant to: (i) complete improvements indicated on the crc plat; (ii) add additional real estate to a common interest community; (iii) subdivide units or convert units into common elements, limited common elements and/or units; (iv) maintain sales offices, management offices, signs advertising the common interest community, and models; (v) use easements through the common elements for the purpose of making improvements wi thin the common interest community or any additional real estate; (vi) create a master association and provide for the exercise of authority by the master association over the common interest community or its unit owners; (vii) merge or consolidate a common interest community with another common interest community of the same form of ownership; or (viii) appoint or remove any officer or director of the Association, or the master association where applicable, during any period of Declarant control. "unit" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, but excluding the Common Elements. Any terms used in the Governing Documents, and defined in the Act and not in this Section, shall have the meaning set forth in the Act. 2.1 022698 SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES Units. There are fifty-five (55) single units all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be created by the subdivision or conversion of Units pursuant to Section 515B.2-112 of the Act, except as allowed in Section 16.1 below. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference, and a schedule of Units is set forth on Exhibit A. The Unit 4 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 022698 identifier for a Unit shall be its lot and block numbers and the subdivision name. Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2, all spaces, walls, and other improvements within the boundaries of a Unit are a part of the Unit. Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on or across the Common Elements as shown on the Plat, subject to any restrictions set forth in the Declaration. Use and Eniovment Easements. Each Unit shall be, the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. : utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 13. Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 13. Declarant's Easements. Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 17.3. Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. Easements are Appurtenant. All easements and similar rights burdening or benefitting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act or the terms of the easement. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 5 2.J.0 Z.Dairment Prohibited. No person shall mate~ially restrict or impair any easement benetitting or burdening the Property; 'subject to the Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property. 811C'rIOJI 3 COJD(O. lILIDID'r8 UID LDlI'IlID COIOlO. IILEKEIITS 3.1 CoKDOD 1I1..ent.. The Common Elements and their characteristics are as follows: Q3129. a. All of the Property not included within the Units constitutes Common Elements. The Common Elements include those parts of the Property described in Exhibit B or designated as CODmon Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be SUbject to appurtenant easements for services, public and private utilities and storm sewer, access, use and enjoyment in favor of each Unit and its OWners and OCcupants; subject to (i) the right of Owners and Occupants in Limited Common Elements appurtenant to their Units and (ii) the right of the Association to establish reasonable Rules and Regulations governing the use of the Property. c. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the OWners in accordance with section 6. e. A private roadway serving as an access road from the driveway of each unit to a pUblic road shall be a Common Element. f. parking of motor vehicles on private streets located within the common areas shall be restricted on both sides except on special occasions the Association will have authority to issue temporary permits. 6 3.2 Limi ted Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units to which they are allocated, and the rights to their use and enjoyment, together with the duty to maintain and repair, are automatically conveyed with the conveyance of such Units except as provided in Section 9.1 and 9.2 below. The Limited Common Elements are described and allocated to the Units as follows: a. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing columns, or any other components or fixtures lying partially within and partially outside of a Dwelling located on a Unit or a Unit and serving only that Dwelling or Unit, are allocated to ,the Unit they serve. Any portion of such installations serving or affecting the function of more than one Uni t or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. b. Improvements such as driveways, decks, patios, balconies, shutters, awnl.ngs, window boxes, doorsteps, stoops, per imeter doors and windows, constructed as part of the original construction to serve a single Dwelling on a Unit, and authorized replacements and modifications thereof, may be constructed contiguous to a Dwelling, but partially outside of Unit boundary, and, if located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and a portion of th~ Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owners membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. 022698 7 4.2 votinq and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provided in Section 6.1. 4.3 ADDurtenant Riqhts and Obliqations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4 Authoritv to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the By-Laws may cast such vote. The voting rights of Owners are more fully described in section 3 of the By-Laws. 4.5 Declarant Control. Notwithstanding the vote of any Unit Owner to the contrary, the Declarant hereby reserves a period of Declarant control of the Association during which the Declarant, or persons designated by the Declarant, may appoint and remove the officers and directors of the Association. Said reservation of Declarant control is subject to the following: b. c. 022698 a. The maximum period of Declarant control may extend from the date of the first conveyance of a Unit to a Unit Owner other than a Declarant for a period not exceeding five (5) years. Notwithstanding subsection a. above, the period of Declarant control shall terminate upon the earlier of (i) surrender of control by the Declarant or (ii) sixty (60) days after conveyance of seventy- five (75%) percent of the units to Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty (50%) percent of the Units that may be created to Unit Owners other than Declarant or any affiliate of Declarant, a meeting of the unit Owners shall be held at which not less than thirty three and one third (33 1/3%) percent of the members of the Board shall be elected by unit 8 Owners other than Declarant or an affiliate of Declarant. d. Not later than the termination of Declarant control, the Unit Owners shall elect a Board or Directors of at least three members. Thereafter, a majority of the directors shall be Unit Owners other than Declarant or an affiliate of Declarant. The remaining directors need not be unit Owners unless required by the Articles of Incorporation or Bylaws. All Unit Owners, including the Declarant and its affiliates, may cast the votes allocated to any Unit owned by them. The Board shall elect the officers. The directors and officers shall take office upon,election. e. In determining whether the period of Declarant control has terminated under subsection b., or whether Uni t Owners other than a Declarant are entitled to elect members of the Board of Directors under subsection c., the percentage of the units which have been conveyed shall be calculated ,based upon the assumption that all units which the Declarant has built or reserved the right to build in the Declaration are included in the CIC. f. Except as otherwise provided in this subsection, meetings of the Board of Directors must be open to all unit Owners. To the extent practicable, the Board shall give reasonable notice to the unit Owners of the date, time and place of a Board meeting. If the date, time and place of meetings are provided for in this Declaration, the Articles of Incorporation or Bylaws of the Association, were announced at a previous meeting of the Board, posted in a location accessible to the unit 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. "Notice" has the meaning given in Minnesota statutes Section 317A.011, subdivision 14. Meetings may be closed to discuss the following: (1) personal matters; (2) pending or potential litigation, arbitration or other potentially adversarial proceedings, between Unit Owners, between the Board or Association and Unit Owners, or other matters in which any Unit Owner may have an adversarial interest, if the Board determines 022698 9 that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the Board of Association or the privacy of a unit Owner or occupant of a Unit; or (3) criminal activity arising within the ere if the Board determines that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting would jeopardize the investigation of the activity. Nothing in this subsection imposes a duty upon the Board to provide special facilities for meetings. The failure to give notice as required by this subsection shall not invalidate the Board meeting or any action taken at the meeting. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation, management and control of the Property. The Association shall have all powers described in the Governing Documents, the Act, and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically state to the contrary. 5.2 Operational Purposes. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations (ii) maintaining, repairing and replacing those portions of the Property for which it is responsible and (iii) preserving the value and architectural uniformity and character of the Property. 022698 10 5.3 Bindinq Errect or Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 Bv-Laws. Laws and operation The Association shall have By-Laws. The By- any amendments thereto shall govern the and administration of the Association. 5.5 Manaqement. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as described by the Governing Documents and by law. ' 5.6 Rules and Requlations. The Board shall have exclusive authority to approve and implement such reasonable'Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets: SurDlus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as determined by the Board. SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth 022698 11 022698 b. c. d. e. f. g. in sections 6.2 and 6.3, and the requirements of the By- Laws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated among the Units according to the Common Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. Any Common Expense or portion thereof benefiting fewer than all of the Units may be assessed exclusively against the Units benefitted, on the basis of (i) equality~ (ii) square footage of the areas being maintained, repaired or replaced, or (iii) the actual cost incurred with respect tq each Unit. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. Reasonable attorneys fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or their guests, may be assessed against the Owner's Unit. Fees, charges, late charges, fines and interest may be assessed as provided in Section 515B.3-116(a) of the Act. Assessments levied under Section 515B.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Common Expense liabilities. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage 12 exclusively against the Owner's unit to the extent not covered by insurance. h. If any installment of an assessment becomes more than 30 days past due, then the Association may, upon 10 days written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. i. If Common Expense liabilities are reallocated for any purpose authorized by the Act, Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. j. Assessments under Subsections 6.1 a.-h. shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Section 6.2 and 6.3... Each annual assessment shall cover all of the anticipated Common Expenses of the Association for that year. Annual assessments shall provide, among other things, for contributions to a separate reserve fund sufficient to cover the periodic cost of maintenance, repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. 022698 a. Until a Common Expense assessment is levied, Declarant shall pay all accrued expenses of the common interest community. b. After a Common Expense the annual assessment increased by the Board, c. assessment is levied, may be subsequently subject to section 6.2 c. until the termination of the period of Declarant control described in Section 17.5, the increase in the annual assessment for any year shall not exceed the greater of (i) the increase in the U.S. Department of Labor Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for All Items for the prior year; or (ii) 10% of the total annual assessment for the Association I s previous fiscal year, unless such increase is approved by the vote of a majority of those Owners voting, in person or by proxy, at a 13 6.3 6.4 6.5 022698 meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. Scecial Assessments. In addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (i) ( the cost of any unforeseen or unbudgeted Common Expense, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto ~ Notwi thstanding the foregoing, any special assessment shall be subject to approval by the vote of a majority of those Owners voting, in person or by proxy, at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. Workinq Cacita1 Fund. Declarant shall establish a working capital fund to meet unforeseen expenditures or to purchase additional equipment or services during the period when Declarant is conducting its sales activities. There shall be contributed on a one-time basis for each Unit sold by Declarant an amount equal to two (2) months installments of the estimated Common Expense assessment for the Unit being conveyed. The contribution to the working capital fund may be paid either at the time of the closing of sale of the Unit or when control of the Association is transferred to the Owners upon termination of the period of Declarant control. The amounts paid into this fund are in addition to the regular monthly installments of assessments. The funds shall be deposited into the Association's account, and Declarant may not use the funds to defray any of its expenses, reserve contributions, or construction costs, or to make up any budget deficit while Declarant is in control of the Association. However, upon closing of an unsold Unit, Declarant may reimburse itself from funds collected at the closing for funds which it contributed to the working capital fund with respect to that Unit. Liabilitv of OWners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (i) the recording of the Declaration of amendment thereto which creates the Owner's Unit, or (ii) the time at which the Owner acquires title to the Unit, subject to the alternative assessment program described in section 14 6.6 6.7 6.8 022698 6.6. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 16, in addition to any remedies provided elsewhere in the Governing Documents or by law, for the purpose of enforcing its rights hereunder. Declarant's Alternative Assessment Proqram. Notwithstanding anything to the contrary in this Section 6, if a Common Expense assessment has been levied, any Unit owned by Declarant for initial sale shall be assessed at the rate of 25% of the assessment levied on other Units of the same type until a certificate of occupancy has been issued with respect to such Unit by the municipality in which the Unit is located. This reduced assessment shall apply to each Unit owned by Declarant at the time that the Unit is created, and shall continue until the issuance of the certificate of occupancy as previously described. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association's budget. Assessment Lien. The Association has a lien on a Unit for any assessment levied against that Unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes. due. Fees, charges, late charges, fines and interest. charges imposed by the Association pursuant to Section 515B.3-102 (a) (10), (11) and (12) of the act are liens, and are enforceable as assessments, under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. Foreclosure of Liens: Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws 15 6.9 6.10 022698 of the state of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the unit. Lien Priority: Foreclosure. A lien under this section is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the unit. Notwithstanding the foregoing, if a first mortgage on a unit is foreclosed, and the first mortgage was recorded on or after the date hereof, and no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582, then the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to sections 515B.3- 115(a), (h) (1) to (3), (i), and (1) of the Act which became due, without acceleration, during the six months immediately preceding the first day following the end of the Owner's period of redemption. Voluntary conveyance: statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller I s unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 7 RESTRICTIONS ON USE OF PROPERTY 16 All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions. 7.1 General. The property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.2 Subdivision Prohibited. Except as permitted by the Act, no unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties h9lding first mortgages on the Units. 7.3 Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single. family residential dwellings, and not for transient hotel, commercial, business or other non-residential purpose.s, except as provided in Section 7.4. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than 7 days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.4 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes. 022698 17 7.5 7.6 7.7 . . 7.8 7.9 022698 Leasinq. Leasing of the units shall be allowed, subject to reasonable regulation by the Association, and subject to the following conditions: (i) that no Unit shall be leased for transient or hotel purposes, (ii) that no Unit may be subleased, (iii) that all leases shall be in writing, and (iv) that all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules and Regulations and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease. The Association may impose such reasonable Rules and Regulations as may be necessary to implement procedures for the leasing of Units, consistent with this Section. Parkinq. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized in writing by the Association. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. Animals. no animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. Restrictions on Use of Pondinq Areas. The Association shall have the right to control and restrict the utilization of ponding areas by Owners, their families, guests and invitees and shall be entitled to enact and enforce rules and regulations in connection therewith. Ouiet Eniovment: Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 18 7.10 7.11 7.12 7.13 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. Alterations. Except for those made by Declarant in consideration of its initial sale of a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner or Occupant, or their guests, in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Section 9 and for enforcement purposes under Section 14. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictions on Alterations. The following restrictions and requirements shall apply to alterations on the Property: 022698 a. Except as expressly provided in this Section 8, and except for alterations made by Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, patio, fence, 19 8.2 022698 wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as "alterations"), shall be commenced, erected or maintained in a Unit, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it. Notwithstanding the foregoing, Declarant's written consent shall also be required for alterations until Declarant no longer owns any unsold Unit and has no further rights to add Additional Real Estate to the Property. b. The criteria for approval shall include' and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with governmental laws, codes and regulations. c. Approval of alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the alterations are approved; provided, that any easement for a deck or patio other than as originally constructed shall be approved by resolution of the Board of Directors and a file of such resolutions shall be maintained permanently as a part of the Association's records. d. Alterations described in Section 16 shall be governed by that Section. Review Procedures. The following procedures shall govern requests for alterations under this Section: 20 8.3 022698 a. Detailed plans, specifications and related information regarding any proposed alteration, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the proj ected commencement of construction. No alterations shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval. If the Board of Directors fails to approve or disapprove within sixty (60) days after receipt of said plans and specifications and all other information requested by the Board of Directors, then approval will not be required, and this Section shall be deemed to have been fully complied with so long as the alterations are done in accordance with the plans, specifications and related information which were submitted. c. If no request for approval is submitted, approval is denied, unless (i) the alterations are reasonably visible and (ii) no written notice of the violation has been given to the Owner in 'whose Unit the alterations are made, by the Association or another Owner, within six months following the date of completion of the alterations. Notice may be direct written notice or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the alterations are made shall have the burden of proof, by clear and convincing evidence, that the alterations were completed and reasonably visible for at least six months following completion and that the notice was not given. Remedies for violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this section and shall be entitled to recover from the owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. 21 9.1 9.2 9.3 9.4 022698 SECTION 9 MAINTENANCE Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "Maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Association may (i) provide for exterior maintenance upon the Dwelling in each Unit that is subject to assessment as follows: paint and replace roofs, gutters, downspouts, decks, garage doors (except hardware), and exterior siding and other building surfaces, and (ii) provide for lawn, shrub and tree maintenance on all Units, including watering; (iii) provide for snow removal from driveways, private roads, walkways and parking areas for all Units. The Association's obligation to maintain exterior building surfaces shall exclude patios, entry doors, door hardware, air conditioning equipment, glass and window frames, and any other items not specifically referred to in this Section, unless otherwise approved under Section 9.2. The Association shall have easements as described in section 13 to perform its obligations under this Section 9. Maintenance of Pondinq Areas. The Association shall maintain any ponding areas upon the Property as located and shown on the final development plans and the plat on file with the City of Andover. The cost of such maintenance shall be assessed pro-rata against all Units on the Property in accordance with Section 6 of this Declaration. optional Maintenance by Association. In addition to the maintenance described in this Section the Association may, with the approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings, or maintenance of water and sewer systems within the Units. Maintenance bY OWner. Except for the exterior maintenance required to be provided by the Association under Section 9.1 or 9.2, all maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts of the Property which the Association is obligated to maintain. The Association may require that any exterior maintenance 22 to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.5 Damaqe Caused by OWner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. 10.1 10.2 10.3 022698 SECTION 10 RIGHTS GRANTD TO THE CITY OF ANDOVER Purpose. The city of Andover has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of Andover is concerned that all conditions requested by the City of Andover are complied with and that the Property is developed and maintained in accordance with the plan contemplated by this Declaration. Release of Liability. The Declarant, for itself, its successors and assigns and, by accepting a conveyance of a Unit, and Owner, for the Owner, the Owner's family and invitees, release and shall hold harmless the city of Andover (including its elected and appointed officials, employees, servants and agents) from all liability for enforcement or for nonenforcement of this DeClaration, and further expressly acknowledge that the City of Andover is not obligated to perform or to enforce performance by the Declarant, the Association or others of any obligations contained in this Declaration. Specific Riqhts Enforceable by The city of Andover. The City of Andover, at its option and in its sole discretion, may enforce for the benefit of itself the 23 specific provisions of Sections 7, 8, 9 and 13 of this Declaration. 10.4 ai9ht to aoo..,. In addition to the right of enforcement stated in Section 16.3, the city or An~over shall bave the right at access over tbe private streets and other Common Areas for purposes of law enforcement and fire protection and for repair and maintenance of public utilities. 10.5 bCllu.iv. Iliaht. &D4 aiaht to ace.... The rights granted by this section are exclusive to the city of Andover and may be exercised only by the city, in it. Bole discretion. No other person or entity, including the Association, the Declarant Or owners, whether or not a resident of Andover, shall be entitled to request or require the city to act pursuant to this section. The rights of the City of Andover under this section cannot be rescinded, cancelled or amended by the Declarant or the owners without the written consent of the city. In the event the Association fails to maintain the private streets, common areas or other properties for which it is responsible in accordance with the applicable rules and regulations of the city of Andover, or fails to pay real estate taxes or assessments on Association properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations and said expenses are not immediately reimbursed by the Association, then the City of Andover shall have the right to assess each property that is subject to the Oeclarations its prorata share of said expenses. Said assessments together with interest thereon and costs of collection shall be a lien on each property against Which each such assessment is made. 8l!C'tXO. 11 IJrSURAJlCB 11.1 :aecruired In8ura:cc.. The Association shall obtain and maintain, at a minimum, a master policy of insurance in accordance with the insurance requirements as set forth in the Act and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: a. property insurance in broad form coverinq all risks of physical loss in an amount equal to one hundred percent (100\' of the insurable "replacement cost" of the Property, less deductibles, exclusive of land, footings, excavation and other itel\\S normally eXCluded from coverage (but including all building service equipment and maChinery). The policy or policies shall cover personal property owned by the Association. The policy or policies shall also Cl.U~t8 24 03U'. b. contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the FHA or Federal National Mortgage Association ("FNMA") a. a precondition to their insuring, purchasing or financing a 1II0rtgaqe on a Unit. The Board lIIaY also, on behalf of the Association,. enter into binding written agreements with II mortgagee, insurer or service, including without limitation the FHA or FNMA, obligating the Association to keep certain specified coverages or endorsements in effect. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Elements, with minimum limits of $1,000,000 per occurrence, against claims or death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer frolll denying the claim of an OWner or Occupant because of negligent acts of the Association or other owners or occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of the FHA or FNHA as a precondition to their insuring, purchasing or financing a mortgage on a Unit. Fidelity bond 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 or required by the regulations of the FHA or FNMA as a precondition to the purchase or financing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured and shall, if required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or rinancing or a mortgage on a Unit, be written in an amount equal to the greater of (i) the estimated maximum of Association funds, including reserves, in the custody of the Association or management agent at any given ti~e while the bond 18 in force, or (11) a sum equal to three 1Il0nths aqgregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be c. 25 ll.~ 11:.3 11.4 11.5 o:J13U added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without co~pensation shall be added. d. Worker's Compensation insurance as required by law. e. Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. f. Such other insurance as the Board may determine form time to time to be in the best interests of the Association and the OwnerS. pr_hl1ll-: IIlIDrov_.nt.: DaduCltibl... All insurance premiums shall be assessed and paid as a common Expense. The insurance need not cover improvements and betterments to the Units installed by owners, but if improvelllents and betterments are covered, any increased cost may be assessed against the Units affected. The Association may, in the case of a claim for damage to a Unit, (i) pay the deductible amount as a common Expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the deductible amount directly. LOB. pav..: InauranCl. ~ru.t8.. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the OWners and secured parties, including Eligible Mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to neqotiate, settle and collect upon any clai~s or losses under any insurance policy maintained by the Association. ~aivers of 8ubroaatioD. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity from any acts of the insured. c&nCl.llation: .otic. of Lo... All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be cancelled or substantially modified, for any reason, without at least thirty (30) days prior written notice to the Association, to the FHA 26 11.6 11.7 11.8 11.9 12.1 03lZ9f/ or FNMA (if applicable), all of the insureds and all Eligible Mortgagees. ~..tor&tion in Li.u of Cash settlem.nt. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions or any insurance trust agreement to which the Association may be a party, or any requirement of law. .0 contributions. All policies ot insurance maintained by the Association shall be the primary insurance where there is other insurance in the name ot the owner covering the saae property, and may not be brought into contribution with any insurance purchased by owners or their Eligible Mortgagees. Btteot of Aets Bot within assooiation's control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner'or Eligible Mortgagee, unless acting within the scope of authority on behal! of the Association, or (ii) any failure of the Association to comply with any warranty or condi tion regarding any portion of the Property over which the Association has no control. OwDer's per.onal Insuranc.. Each OWner may obtain additional personal insurance coverage at his or her own expense covering fire and other casualty to the Unit, personal property or per~onal liability. All insurance policies maintained by OWners shall provide that they are without contribution as against the insurance purchased by the Association. 8BCTIC. 12 UCO.SftUC'UOJr, C01mBXBA'UOB DD BXIJJE)IT DOKAI. ReconstructioD. The obligations and procedures for the repair, reconstruction or disposition ot the Property following damage to or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the property as initially constructed and subsequently imprOVed upon. Notice of substantial damage or destruction shall be given pursuant to Section 18.10. 27 12.2 12.3 13.1 13 .2 031298 COlll~-...tion .n\! BIIin.nt Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions ot the Act shall govern; provided, that notice shall be given pursuant to section 18.10. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities. established by the Act and the Governing Documents, as their interests may appear. lrOi:ic.. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to an Eligible Mortgagee pursuant to Section 18.10. 8ZC'l'IO. 13 UBZXD1TS Z.sement for Bncro.cbm.nts. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments, in favor of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, patios, utility installations and other appurtenances (i) which are part of the original construction on the adjoining Unit or the Property or (ii) which are added pursuant to Section 8. If there is an encroachment by a Dwelling, or other building or ~provement located in a Unit, upon another Unit or Dwelling as a result of the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwelling, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added pursuant to Section 8, no easement shall exist unless the same have been approved and constructed as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the mar~etability of title. ......nt for ..!ntenance. Repair. Replacement and aecon.truation. Each Unit, and the rights of the owner and Occupants thereof, shall be SUbject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units or Dwellings, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 28 13.3 13.4 13.5 OJ121! utiliti.. ma..meDt.. The Property shall be subject to non-exclusive appurtenant easements for all utilities, storm sewer, water and sewer, and .imilar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the OWners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitations any sewer or water lines serVicing other Units. Each Unit shall also be aubject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. There exists certain storm sewer lines and private streets within the Property and located within the COlDJllon El8lllents for the benefit of the Units and the Property. It shall be the responsibility of the A8sociation to maintain, repair, replace and reconstruct said private storm sewer and private streets. Publio ......nt.. The Common Elements shall be subject to public easements for city services and amenities ~uch as walking paths and trails which exist from time to time, as constructed or referred to in the plat, or as otherwise described in this Declaration or any other duly recorded instrument. The use and maintenance of the walking paths and trails shall be subject to the right of the city and/or the Association to establiSh reasonable rules and regulations governing their use. Continuation and 800))8 oE Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an OWner or OCcupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any 84sements described elsewhere in this Declaration or recorded, and shall include reasonable access to the BaSement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 29 SECTION 14 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, the decisions of the Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 14.1 14.2 022698 Enti tlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or other Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. Impose late charges of up to 15% of each late payment of an assessment or installment thereof. c. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the 30 022698 g. h. acceleration. Reasonable advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. d. Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements or deck, balcony or patio easements, appurtenant to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under. the Governing Documents, and for up to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements Limited Common Elements damaged or altere~, allowed to be damaged or altered, by any Owner Occupant or their guests in violation of Governing Documents, and to assess the cost of restoration against the responsible Owners their Units. or or or the such and Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other party of the Property or the property of the Owners or Occupants, and to summarily abate and remove; at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or Limited Common Elements which is causing the. violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. Foreclose any lien arising under the prov1s1ons of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the property is located. 31 14.3 14.4 14.5 14.6 022698 Riqhts to Hearinq. In the case of imposition of any of the remedies authorized by Section 16.2.d., e., or f. of this Section, the Board shall upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty (30) days of receipt of the hearing request by the Board, and with at least ten (10) days prior written notice to the offender. If the offending Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten (10) days following the hearing, if not delivered to the offender at the hearing. Lien for Charqes. Penalties. Etc. Any assessments, charges, fines, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. Costs of Proceedinq and Attornevs Fees. with respect to any collection measures, or any measures or action, legal administration, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. Liabili tv for OWners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary 32 14.7 by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. Enforcement bv OWners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. SECTION 15 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the fOllowing special declarant rights within the me~ning of Section 515B.1-103(31) of the Act for as long as it owns a,Unit, or for such shorter periOd as may be specifically indicated: 15.1 15.2 15.3 15.4 15.5 022698 Complete Improvements. To complete all the Units and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by the DeClaration, and to make alterations in the Units and Common Elements to accommodate its sales facilities. Relocate Boundaries and Alter Units. To relocate boundaries between Units and to otherwise alter Units owned by it, to the extent permitted by Section 16. Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. Siqns. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by Declarant and on the Common Elements, and to erect a permanent marker or markers at the entrance to the development. Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose of exercising its special declarant rights. 33 15.6 15.7 16.1 022698 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the members of the Board pursuant to Section 515B.3-103 of the Act, until the earlier of: (i) voluntary surrender of control by Declarant; (ii) an Association meeting which shall be held within 60 days after conveyance to Owners other than a Declarant of 75% of the total number of Units authorized to be included in the Property; or, (iii) the date five (5) years following the date of the first conveyance of a Unit to an Owner other than a Declarant. Notwithstanding the foregoing, the Owners other than a Declarant shall have the right to nominate and elect not less than 33-1/3% of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by Declarant of 50% of the total number of units authorized to be included in the Property. Consent to Certain Amendments. As long as Declarant owns any unsold unit, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affect or may affect Declarant's rights under the Governing Documents. SECTION 16 RIGHTS TO ADD ADDITIONAL REAL ESTATE, RELOCATE UNIT BOUNDARIES AND ALTER UNITS Declarant's Riqhts to Add Additional Real Estate. until the five (5) years following the date of the first conveyance of a Unit to an owner other than a Declarant, the Declarant, it successors and assigns, shall have the right, without the consent of the Owners, to bring all or part of the Additional Property within the scheme of this Declaration and any Amended or Supplementary Declaration recorded in connection with such addition. Such addition may contain additional Lots and general plan of development, and the buildings and other improvements constructed thereon shall be compatible in terms of architecture and materials with those constructed on the property. Each addition authorized under this section shall be made by filing of record with the Anoka County Recorder a Supplementary Declaration of covenants, Restrictions and Easements with respect to the additional property, which shall extend the scheme of covenants, conditions and restrictions contained in this Declaration to such additional property. Each Supplementary Declaration may contain such additions to this Declaration, but shall not materially alter the Covenants and Restrictions contained herein. The total number of 34 16.2 Units which may be including in the Additional Property shall not exceed Units. The statements contained in this Declaration shall not apply to the Additional Property until and unless it is added as provided in the Declaration. Riqhts to Relocate Boundaries and Alter units. Existing or future Units may be altered and Unit boundaries may be relocated only in accordance wi th the following conditions: a. Comhininq units. An Owner may make improvements or alterations to such Unit or, may, after acquiring an adjoining Unit, remove or alter any intervening partition or create apertures therein in accordance with Section 515B.2-113 of the Act and Subsection (d) of this Section. b. Relocation of Boundaries. The boundaries between adjoining Units may be relocated in accordanc~ with Section 515B.2-114 of the act and Subsection ,Cd) of this Section. c. Subdivision of Conversion. No additional Units may be created by the subdivision of conversion of a unit (within the meaning of the Act) into two or more Units, nor into other Units, Common Elements or Limited Common Elements. d. Requirements. The alteration, relocation of boundaries or other modification of Units or the Dwellings or other structures located therein (collectively referred to herein as "alteration" or "alterations") pursuant to this Section, Section 8, and the Act may be accomplished only in accordance with the following conditions: (1) No Unit may be altered if, thereafter, the Dwelling located therein, or any other Dwelling affected by the alteration, would no longer be habitable or practicably usable for its intended purpose or would violate any law, code or ordinance of any governmental authority having jurisdiction over the Property. (2) No alteration may be made which adversely affects the structural or functional integrity of any building system or the structural 022698 35 support or weathertight integrity of any portion of any building or other structure. (3) The prior written consent of the Association shall be required for any alteration, except alterations by Declarant. Where required, such consent shall be requested in writing by each Owner whose unit is proposed to be altered, accompanied by such explanation, drawings and specifications relating to the proposed alterations as may be reasonably required by the Association or the first mortgagee of the Unit. The Association shall give such Owner(s) notice in an expeditious manner, granting, denying or qualifying its consent. (4) As a precondition to consenting to alterations the Association may require, among other things, the following: (i) that all alterations will be done in a workmanlike manner and without impairing the struc~ural, mechanical or weathertight integrity of the Building; (ii) that the Common Elements and altered Units will be repaired and/or restored in the future as required by the Association; (iii) that the construction of the alterations will not create dangerous conditions for any Owners or Occupants; (iv) that the Property, the first mortgagees and the Owners and Occupants will be protected from liens and other liability arising from the alterations; and (v) that the alterations will be done in compliance with the applicable laws, regulations and ordinances of the governmental authorities having jurisdiction over the Property. (5) The Association may require that the Owners of the Units to be altered pay all costs of processing and documentation for the request and the preparation and recording of any necessary amendment to the Governing Documents, including without limitation such costs as filing, architects and attorneys fees, incurred by the Association in connection with the alterations. 022698 36 SECTION 17 AMENDMENTS This Declaration may be amended by the consent of (i) Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association; (ii) the percentage of Eligible Mortgagees (based upon one voter per first mortgage owned) required by Section 18 as to matters prescribed by said section; and (iii) the consent of Declarant to certain amendments as provided in Section 15.8. Consent of the Owners may be obtained in writing or at a meeting of the Association dUly held in accordance with the By-Laws. Consent of Eligible Mortgagees and the Declarant shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. SECTION 18 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and prot~ctions: 18.1 022698 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent (51%) of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) assessments, assessment liens, or priority of assessment liens; (iii) reserves for maintenance, repair and replacement of Common Elements; (iv) responsibility for maintenance and repairs; (v) reallocation of interest in the Common Elements or Limited Common Elements, or rights to their use; (vi) redefinition of any Unit boundaries; (vii) convertibility of Units into Common Elements or vice versa; (viii) expansion of contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; ( ix) insurance or fidelity bonds; (x) leasing of Units; (xi) imposition of any restrictions on an Owner's right to sell or transfer his or her Unit; (xii) a decision by the Association to establish self management when professional management is in effect as required previously by the Governing Documents or an Eligible Mortgagee; (xiii) restoration or 37 18.2 18.3 18.4 18.5 18.6 022698 repair of the Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xiv) any action to terminate the legal status of the condominium after substantial destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of mortgages. Consent to certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven percent (67%) of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required to (i) abandon or terminate the condominium; (ii) change the allocations of voting rights, Common Expense obligations or interest in the Common Elements; (iii) partition or subdivide a Unit except as permitted by statue; (iv) abandon, partition, subdivide, encumber or sell the Common Elements; or (v) use hazard insurance proceeds for other than the repair, replacement or reconstruction of the Property, except as otherwise provided by law. Consent to Subdivision. subdi vided wi thout the Owner and Eligible Association. No Unit may be partitioned or prior written approval of the Mortgagee thereof, and the No Riqht of First Refusal. The right of an Owner tc sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions. prioritv of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser; (i) except as provided in section 6.7 and the Act and (ii) except that any unreimbursed assessments or charges may be reallocated among all Units in accordance with their interests in the Common Elements. prioritv of Taxes and other Charqes. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 38 18.7 18.8 18.9 18.10 022698 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other part, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. ReClUirements Manaqement Aqreements. The term of any agreement for professional management of the Property may not exceed two. (2) years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party, (i) with cause upon thirty (30) days prior written notice; and (ii) without cause upon ninety (90) days prior written notice. Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and reco+ds of the Association upon reasonable notice during normal business hours, and to receive free of charge, upon written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within one hundred twenty (120) days of the end of the Association's fiscal year. If a request is made by FNMA or any institutional guarantor or insurer of a mortgage loan against a Unit, for an audit of the Association I s financial statements for the preceding year, the Association shall cause an audit to be made and deliver a copy to the requesting party. Notice ReClUirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Uni t number or address, the holder, insurer or guarantor shall be entitled to timely written notice of: a. a condemnation loss or any casualty loss which affects a material portion on the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owned by the Owner of a Unit on which it holds a mortgage; 39 19.1 19.2 19.3 19.4 19.5 022698 c. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specific percentage of Eligible Mortgagees. SECTION 19 MISCELLANEOUS Severabilitv. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. Construction. Where applicable the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. Refe~ences to the Act, or any section thereof, shall be dee~ed to include any statutes amending or replacing the Act, and the comparable sections thereof. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall promptly render the defense of the action to its insurance carrier, and give Declarant written notice of such tender, the specific nature of the action and an opportunity to defend against the action. Notices. Unless specifically provided otherwise in the Government Documents or the Act, all notices required to be given by or to. the Association, the Board of Directors, the Association officers or the Owners or. Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with, postage prepaid and deposited in the United states mail; except that registrations pursuant to section 2.2 of the By-Laws shall be effective upon receipt by the Association. Conflicts Amonq Documents. In the event of any conflict among the provisions of the Act, the Declaration, the By- Laws or any Rules or Regulations approved by the Association, the Act shall control. As among the Declaration, By-Laws and Rules and Regulations, the 40 Declaration shall control, and as between the By-Laws and the Rules and Regulations, the By-Laws shall control. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first above set forth in accordance with the requirements of the Act. Bunker, LLC By: Its: STATE OF MINNESOTA) ) SS COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1998, by " the of BUnker, LLC, a Minnesota l~mited liability company, on behalf of the limited liability corporation. Notary Public THIS INSTRUMENT DRAFTED BY: GRIES , LENHARDT, P.L.L.P. 100 East Central Avenue P.O. Box 35 st. Michael, MN 55376 (612) 497-3099 022698 41 022698 COMMON INTEREST COMMUNITY NO. SHADOWBROOK COVE TOWNHOMES EXHIBIT A TO DECLARATION SCHEDULE OF UNITS/LEGAL DESCRIPTION OF PROPERTY NOTE: Each unit's unit identifier is its lot and block number and the subdivision name. 42 COMMON INTEREST COMMUNITY NO. SHADOWBROOK COVE TOWNHOMES EXHIBIT B TO DECLARATION LEGAL DESCRIPTION OF COMMON ELEMENTS 022698 43 Lot 30, Block 3 and Lot 31, Block 3 And That part of the North half of the Northeast quarter of Section 36, Township 32, Range 24, lying easterly of SHADOWBROOK; lying northerly and northwesterly of Block 5 and its northeasterly extension of SHADOWBROOK SECOND ADDITION, Anoka County, Minnesota. And All of that part of Lot 4, AUDITOR'S SUBDIVISION NO 141, Anoka County, Minnesota, which lies south of the following described line: Commencing at the southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the east line of said Lot 4, a distance of 1367.69 feet, to the point of beginning of the line to be described; thence South 79 degrees 46 minutes 33 seconds West, a distance of328.71 feet to the west line of said Lot 4 and said described line there terminating. . COMMON INTEREST COMMUNITY NUMBER Planned community SHADOWBROOK COVE TOWNHOMES TRANSFER OF SPECIAL DECLARANT RIGHTS THIS TRANSFER OF SPECIAL DECLARANT RIGHTS is made in the County of Anoka, state of Minnesota, on 1998, by Bunker, LLC, a Minnesota limited liability company (the "Declarant"), pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota statute Section 515B.l-101 through 515B.4-118 (the "Act") as amended. WHEREAS, on , 1998, Declarant made and executed that certain Declaration creating Common Interest Community Number , Planned Community, Shadowbrook Cove Townhomes (hereinafter "Declaration"), wherein Declarant submitted certain real estate in Anoka County, Minnesota to said Declaration. Said Declaration was filed for record on , 1998 as Document, No. in the Office of the County Recorder, Anoka County, Minnesota; and WHEREAS, Gor-em, LLC is not an affiliate of the Declarant as defined by the Act; and WHEREAS, Declarant holds certain "Special Declarant Rights" as defined in the Declaration and also as permitted pursuant to the Act; and WHEREAS, Declarant wishes to transfer certain Declarant Rights as granted and reserved to the Declarant the Declaration and the Act to Gor-em, LLC, a Minnesota liability company; and WHEREAS, the transfer of Special Declarant Rights is limited and subject to termination as hereinafter set forth; and .. Special through limited WHEREAS, Gor-em, LLC has agreed to accept the transfer of Special Declarant Rights as set forth in this instrument; and WHEREAS, Section 515B.3-104 of the Act provides for the method for transferring special Declarant Rights; and WHEREAS, this Transfer of Special Declarant Rights is in compliance with the provisions of the Act and Declaration. executed of the NOW, THEREFORE, it is agreed as follows: 022698 1. Gor-em, LLC is hereby specifically granted the non- exclusive Special Declarant Rights set forth in Sections 15.1, 15.2, 15.3 15.4 and 15.5 of the Declaration. 2. As a Declarant by virtue of the transfer of Special Declarant Rights, and as limited by this instrument, Gor-em, LLC shall be entitled to the benefit of the Declarant's alternative assessment program set forth in section 6.6 of the Declaration. 3. The maximum number of model Units that may be utilized at anyone time by the Declarant Gor-em LLC, is eight. 4. The liability of Gor-em, LLC as a result of the transfer of Special Declarant Rights is limited as provided in Section 515B.3-104. 5. The transfer to Gor-em, LLC of the Special Declarant Rights is not an exclusive transfer of the Special Declarant Rights. The Declarant, Bunker, LLC, a Minnesota limited liability company, reserves to itself , its successors and assigns, the unilateral right to terminate and extinguish the Special Declarant Rights assigned and transferred to Gor-em, LLC upon sixty (60)' days written notice. Gor-em, LLC agrees that not later than ten (10) days following receipt of written notice that its Special Declarant Rights are terminated, it will execute an instrument in recordable form extinguishing the Special Declarant Rights or transferring the Special Declarant Rights to the Declarant, Bunker, LLC, or its designee. IN WITNESS WHEREOF, the Declarant has caused this Transfer of Special Declarant Rights to Common Interest Community ___ Planned Community, Shadowbrook Cove Townhomes, to be executed the day and year first above written, and Gor-em, LLC has executed this instrument transferring Special Declarant Rights and accepts the non-exclusive rights herein agreeing to be bound by the terms and conditions of the Declaration, except as such liability is limited by section 515B.3-104 of the Act. Bunker, LLC, a Minnesota limited liability company By: Its: Gor-em, LLC, a Minnesota limited liability company By: Its: 022698 2 STATE OF MINNESOTA) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by , the of Bunker, LLC, a limited liability company under the laws of the state of Minnesota, on behalf of the limited liability company. Notary Public STATE OF MINNESOTA) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by. , the of Gor-em, LLC, a limited liability company under the laws of the state of Minnesota, on behalf of the limited lia~ility company. Notary Public 022698 3 SBADOWBROOR COVE TOWNHOMES ASSOCIATION Balance Sheet March 1, 199B Assets Liabilities $0.00 $0.00 $0.00 Members Equity There has been no activity in the Association to date. No activity is anticipated until July, 1998. SHADOWBROOK COVE TOWNHOMES ANDOVER, MN ASSOCIA TION DUES (estimated - based on 55 homes) Administration Office Expense Legal & Accounting Insurance Total Administration Expense Operations Misc. Maintenance Misc. Grounds Upkeep Irrigation & Entrance Lights Rubbish Service Snow Plowing & Removal Lawn Care Total Operations Expense Reserve Fund Emergency Exterior Painting Driveway Seal coat Driveway & Street Replacement Roof Replacement Total Reserve Expense Total Estimated Assessment Per Unit Per Month $ 1.00 $ 2.00 $16.00 $19.00 $ 2.00 $ 3.00 $ 7.00 $ 7.00 $15.00 $25.00 $59.00 $ 1.00 $ 2.00 (4 Yr. Cycle) $ 4.00 (3 Yr. Cycle) $ 5.00 (20 Yr. Cycle) $ 5.00 (20 Yr. Cycle) $17.00 $95.00 Annual $ 660.00 $ 1320.00 $10560.00 $12540.00 $ 1320.00 $ 1980.00 $ 4620.00 $ 4620.00 $ 9900.00 $16500.00 $38940.00 $ 660.00 $ 1320.00 $ 2640.00 $ 3300.00 $ 3300.00 $11220.00 $62700.00 - .. CO,\h\IO,'1 INTCHEST OI'f.\'Er.smp ACT ~ 515B,4-112 5153A-IU. Ex-pres3 wurantiel (a). E,X?rel3 wa.-.nnti~l r~13ee by a dechra~t or an a..'dlia~ or a eecla..:ant to a pL::'chaser o{ a '-':'.It, if rca:onably relied upon by tlle purch~er, a:e c:.reJ~d.,-, {oUo'.'r.l: (1) A.'y >L'i..rr.13tion ot tact or promise which rela~l to the uC'Jt; Ule o{ the I.:."Jt; righ~ JpjJ~-t.lnan~ to L"e unit; bpro~emen~ to the CO::unon in~rest corn!nunil:"j tha~ v.ould directly bcnent the pL::'ch:!.ler or tlle UOJt; Or L"e rig-ht to use or have the benent o( (aciCtiel which are . not a pa..:- o( L'\e Com.'non int.ere3t coromu.."Jt)', c::-ea~l an e.'qlrell warrant-j tlla: .L':e ucit aed relJ~d ngb~ acd lUel will coru'or.n to the u5..rmaticn or promile. (2) Any model or de..sc:ipcion o( tlle ph~icU characteriltiC3 o( a. unit or Lie cocr.mon interelt cornmucit-/, including platU and Ipec.!.5cations o( or {or a ucit or other i:!!OrOyeC1ea~ 10CJtec! in L"e common inter~t cor:'.!:lu..:J.ity, c::-e3~ 3., exprell w...-ranty Ulal: L'\e ~nil: 2nd tlle common interelt COI:1r.lUC'Jty will co~orra to Lie model or descriation, A notice procinently displayed 00. a model or included in a delc:ripcion shall prevent a purch'-'er'trom re2.lonably relying upon the model or delcription to tlle e.'t"...enl: o( the di:cla1mer let forth in tlle notice. (3) A:.y des~ptioa o{ tlle quaat:I:"j or e.'C"...ent o( tlle real eltate con:arorn.isLng the common inl:.arest commu..'1..ity, including- pla~ or surveys, c::-eateJ ao exeresl \q.....rant-j tllat tlle common interelt COCTU:lurJty will coru'On:l to tlle description, subject to custom.:"y tolen..,cel. (0) Neither tlle (orra o( the word "warn e t-j' or "guarant-j', nor a spec:Uic intention to m3.~e 2. w:L.'Tanty, are oecesn..'")' to c..>-e:lte an e.'tprell v...rnnty.o( quality, but a statement purporting to be merely an opinion or co=eodalioo o( Lie real eltate or i~ value. doe.3 nol: c:.re:lte a \Y2.ITaoty. (c) ."'-ny conveyance o( a ucit l:ranl(el'3 to the purchaser all expreSl l!'arn.:ltiel. ~...s 1m,. c. 222. 2.:"_ ~. J 12, err. JC!le I, 199-1. Historical e.nd St.!.tutory Notes 1993 Leri,hlion La..., 1 ~3. c. 2:22. 2:"_ 6. ~ I. providd that c. 5158. e!lact~d by t.w, 1993. c. 222, 2.r'~. 1 to ~. w:u eUe<tive June I, 199-1. u"ironn La,.: The .ection i.s .(ma.... to ~ <-113 o( the UnUorm Common [n~l-est Owne~hip Act.. St-e 7 Uniform taws ".nno~ted. Muter Edition. 515B,~-1l3. Implied wtl..'Tantie, (a) A decl2.!":J.ot ~'T3nts to a purch:!..Ser that a unit will be in' at lea.st .., good condition at tile ea:Uer o{ the time o{ the conveY:lnce or deliver/ o{ possession as il: \Y'2.S at the time o( conl:ra.cdng, re2.3onable wear and tear excepted. (b) A d~cl:J.rant warran~ to a purcha.ser tha~ (1) a unit and the common elet..,entJ in the co=on ioterelt commuc.it-j are scitJble Cor. the ordina..'j' use.: oC real estJte o{ its t:rpe; and (2) aey imeroYemen~ subject to use' righ~ by the purchaler, made or cootracted (or by the decla:an~ or made by anr penon ie contemplation o{ ~.e creation,o( t.~e common inter~lt com.muaity, will be (i) tree Crom deCective ma~:i:J.!s and (ul constructed In ac~ordaoce WIth apPUCJole law, according to :lound engi:leeriag aod conll:ruc!:ion standa.-dl. and In a workma..o- like manner. (c) In aedition, a c!ecla:ant w:L..'Tan~. to ~ pu.r~ha.ser o{.a ucit w~c.i under.th~ declaratioo i" available {or residential use that the resleenl::!al use will Dol: VIolate apphcaole law. al: the .ea.:lier- of the tL":Je of conveyance or delivery oC possession. (d) W:UTJntiel impoled by thil seccoo [/'lay be e.~cluded or modllied only a.s speci.1ied ie lectiOa 5ISB.o!-lH. . (e) For purposes o( thil section. iOP.f'Oyemeats mule or- conl:racted Cor by a.:: a..."iliate o{ a decl..a.ra..ot are made or coa:.racted {or by the declaranl (!) A!JY cooveya!Jce or a unit l:rat'.l{el'3 to the purc!:a.ser ~ tlnpUed ~_,.a..oC!s. (g) Tnil section does not in any mwner .brog-ate the pf'Ovisioc..s ~{ chapter 327A relatieg to staC'Jtcry wa.:-nnties (or housiog, or :L.~ect any othe:- cause o{ action under a statute or the com.':!"n 12.':0'. La.,..., lm. c. :.>21. a."t. ~, f 13:el!. June 1. 19$1. Histori~l a..nd St.:tuto:; NC?tes 1993 Leri,lltion t..-. 1993, c. !2:2, a.:-_ 6. I. provid..d ~'ut c:.. 5158. cn.c<:d by Laws 1993, c. !2:2. ......3. C to ~, -:u etTectr.e J,""e I. 199-1. UnLtonn u'w: The )Cculn i.s limL!.ar to f "-I H of the tTnUocm Common Interest Ownc:...'"SNp Act; See 7 unUocm La_, AMot.lted. Muter- Edition. 515BA-Il.1. Exclusion Or moJilication o( i:nplieJ ....e.:Tll1ltiej (.1 With respect llJ a uni~ .nibble (or re~idcr.th.l u.se, no general cihcbimer o( L'Tlplied vn.rra<lties b eUeclive. but a declarant may ~schj.m liability i<l an inst:rument sepan~ fi-om the purch~e ....eement .i&"7led by the purcha.:;er ior a .pecified de{eel or .peciaed failure llJ comply with 'pplicable law, if the derecl or railure entered inllJ and bec:.a:':le a part o{ the b:uis o( the b:J.:"g1.i<l. (b) Wit.1i respect llJ a w::t re.tricted to nonre:identia.! LU., ulJplied ....'2......nti.s: (I) m.y be e"cluded or modified by agreeenent o{ the pa..-ties; and (2) are e"eluded by expre...ion o{ cfucl:umer, such.... "2..3 is," ''v.ith all [aul~" or other langusge LlJ.t ic common undenlaod.ing alh the purchaser's attention to the e..'<clc.sion of wa.'Tanties. LaW'. 199~, c. 222, 2:"_ ~, ! H. d. JUlIe I, 19s-l. Historical nnd St.tutory Notes 199~ Ler:sle.tion' LaW: 199~, c. 2:2, art. 5; ! I, provided tlut e. 5158, en.e~d by L."" 199~. e. 222, aru. I to ~. ....:1.3 ecreetive Jur,e 1. 199~. Unilorm Le.w: The section 13 .""ila.r t.:l ! ~1I5 o( the Uniform Common [n~re~t Owne~r.io Act. S~ 7 Uniform Low. Annou.~d. Mu~r Edition. 5158.4-115. St.!l.tute oC limitations for wure.:\tie. (a) A judicial proceedi<lg (or breach o[ an obligation arising under section 515B.4-100(d), shall be commenced within six months ~r the conveyance o{ the unit. (b) A judicia.! proceeding {or breach or a<l obligation arising under section 515B.4-112 or 515B.4-113 .hall be commenced \l.;thin six years a!ter the c:..1use o( action acc.rue3, but the partie.s may agree to reduce the period o( limitation to not less than 1\..0 yean. With respect. to a uDit that may be occupied [or re.idential use, an agTeement to reduce the period o{ lirnit3t:oc mu.t be e'tidenced by an Instnlment se;Jarata from the purcha.se agTeement signed by the purcha.ser. (c) Subject to subsection (dl, a .c.ause. of action under section 515B.4-112 or 515B.4-113, regudless.o{ the pu:ch~en lack o( knowledge oC Lie bre:lcl1, ac~--ues: (1) a.3 to a unit, at the eulier of the time o{ conveyance oC the unit by the declarant to a. bona !ide purchaser of the ucit other, than U\ a..'fwat.a oC a declu~t, or the time the purchaser enten into possession o{ the unit; and (2) a.s t.J each common eleme:lt, the latest o{ (i) tlie time the common element is completed, (li) the time the .first unit'ic the condominiUCl is conve:r.ed to 11 bO<la tide purchaser, or if the common element is locatec! on property that is ac!dHiona.! re:t.! estate at the time the first unit therein is conveyed to a bona iide purchas...... or (ill)" the terminat!on of the penod o( declarant control. '. (d) I[ a w;1.....nty e:<pliciUy e:<tends to flir:ure perfonnance or duration o( any improvement or component oe the corc.:no<l inl.ere.t communit'/. the c:.aLUe oe action acc:rues at the time the bre.ach is discovered or at the end oC the period (or which the warranto; e..'t'pliciUy extends, whiche'ICt is earlier. Law3 199~. c. 222. art. ~. f 15. eff. June I; 19S-l. Historice.! and Statutory Notes 199~ Ler-ulation La_W'S 1993, Co ZZ!. a.."t.. 5, f I. provided tlut c. 51SB. en"ted by La.... 1993, Co 222. ~. 1 to ~. ~ eC!ect;ve June I, 19s-l. Unilorrn Law: The section.. slmil.2: to ! -l-1l5 oi tho!. Uniform Common In~~t Owne...~hio Act. Se-e 1 Uniform L..,wa ~not.a~d, "'...~r Edi~on. t ~ Chapter 327A HOUSING; STATUTORY WARRANTIES Section 327A.OI. Definitions. 327 A.02. Statutory warranties. 327A.03. Exclusions. 327A.04. Waiver and modification limited. 327A.05. Remedies. 327A.06. Other warranties. 327A.07. Variations. 327A.08. Limitations. WESTLA W Computer Assisted Legal Research WESTLAW supplements your legal research in many ways. WESTLAW allows j'OU to ' · update your research with the most current information ' · expand your library with additional resources · retrieve direct histol)', precedential histol)' and parallel citations with the Insta-Cite service For more information on using WESTLAW to supplement ~'our research, see the WESTLA W Electronic Research Guide. which follows the Preface. 10 327A.Ol. Definitions Subdivision 1. As used in sections 327A.Ol to 327A.07, the terms in this section shall have the meanings assigned to them. Subd. 2. "Building standards" means the structural, mechanical. electrical. and quality standards of the home building industry for the geographic area in which the dwelling is situated. Subd. 3. "Dwelling" means a new building, not previously occupied, con. structed for the purpose of habitation; but does not include appurtenant recreational facilities, detached garages. driveways, walkways, patios. boundary walls, retaining walls not necessary for the structural stability of the dwelling, landscaping. fences. nonpermanent construction materials, off.site improve. ments, and all other similar items. Subd. 4. "Initial vendee" means a person who first contracts to' purchase a dwelling from a vendor for the purpose of habitation and not for resale in the ordinary course of trade. Subd. 5. "Major construction defect" means actual damage to the load. bearing portion of the dwelling or the home improvement, including damage due to subsidence. expansion or lateral movement of the soil. which affects the 402 HOUSING; STATUTORY WARR<\..'\!TIES S 327A.Ol load.bearing function and which vitally affects or is imminently likely to vitally affect use of the dwelling or the home improvement for residential purposes. "Major construction defect" does not include damage due to movement of the soil caused by flood. earthquake or other natural disaster. Subd. 6. "Vendee" means any purchaser of a dwelling and includes the initial vendee and any subsequent purchasers. Subd. 7. "Vendor" means any person. finn or corporation which constructs dwellings for the purpose of sale. including the construction of dwellings on land owned by vendees. Subd. 8. Warranty date.. "Warranty date" means the date from and after which the statutory warranties prodded in section 327A.02 shall be effective. and is the earliest of (a) The date of the initial vendee's first occupancy of the dweIling; or (b) The date on which the initial vendee takes legal or equitable title in the dwelling. In the case of a home improvement. the warranty date is the date on which the' home impro\'ement work was completed. ' Subd. 9. "Home improvement" means the repairing. remodeling, altering, converting or modernizing of, or adding to a residential building. For the purpose of this definition. residential building does not include appurtenant recreational facilities. detached garages, driveways, walkways. patios, boundary walls, retaining walls not necessary for the structural stability of the building, landscaping. fences. nonpermanent construction materials, off.site improve- ments, and all other similar items. Subd. 10. "Home improvement contractor" means a person who is engaged in the business of home impro;:ement either full time or part time. and who holds out to the public as having knowledge or skill peculiar to the business of home improvement. Subd. 11. "Owner" means any person who owns a residential building on which home improvement work is perfonned, and includes any subsequent owner of the residential building. Laws 1977. c. 65. 9 I. err. Jan. I, 1978. Amended by Laws 1981, c. 119. !is 1 to 5, eff. Jan.. 1. 1982; Laws 1986. c. 444. . Historical and Statutory Notes The 1981 amendment included. in subd. 3. ',his act is effective January 1. 1982, and "or the home improvement": added to subd. 8. sh"U apply to aU contracts for home improve. the secC'nd sentence: and added subds. 9 to 11. ment work entered into on or after that date." Laws 1981. e. 119. ajljlroved !\lay 8. 1981. provided b)' ~ 12: The 1986 amendment authorized the removal of nonsubstantive gender specific references. Law Review Commentaries Architecls in Minnesota Law. Samuel D. Statutory warranties on new homes. 64 Heins. 31 Henne?in Law).er 14 (Nov.-Dec. !\Iinn.Law Review 4lJ (1980). 1981). 403 . I . S 32 .: -\.02 327..\ 02. Statutory warr<lnties f SU,I. .livision 1. In every sale of a completed dwelling, and in every contract or :It, \ , sale of a dwelling to be completed, the vendor shall warrant to the ven, .;. h ' tat: h~~~ I. luring the one year period from and after the warr<lnty date the dwelling ~ ~ free from defects caused bv faulty workmanship and defective materials ue too I' . h b 'ld'- d d noncomp lance Wit UI 109 stan ar s; h (~~ ."uring the two year period from and after the warranty date, the dwelling hs a . I.~ free from defects caused bv faultv installation of plumbing, electrical. eah\ _ . _ '~, and cooling svstems; and h(cl)' \,l.uring the ten y;ar period from and af. ter the warranty date, the dwelling sa, f f' . df .~ ree rom major construction e ects. Su.h,!, 2, Warranties to survive passage of title. The statutory warranties ~~~~~;~'\'!d in this section shall survive the passing of legal or equitabie title in th~' \\\g to the vendee. h Suh,!, 3. Home improvement warranties. (a) In a sale or in a contract for t d~.s.-\ie of home improvement work involving major structural changes or a ltl\~ns to a residential building, the home improvement contractor shall warr" _ "';It to the owner that: . (1) 'lltring the one year period from and after the warranty date the home ~mrrCl\ ement shall be free from defects caused bv faulty workmanship and e eC\\\/e materials due to noncompliance with buiiding standards; and . (2) 'luring the ten year period from and after the warrantv date the home ~ro - _ \ .ement shall be free from major construction defects. . (b~. \., a sale or in a contract for the sale of home improvement work I~voh \ '. "g the installation of plumbing, electrical, heating or cooling systems, t e Cl.'ne improvement contractor shall warrant to the owner that, during the two-Ve: b. (Ir period from and after the warranty date, the home improvement shall ere" from defects caused by the faulty installation of the system or systems. (c) l.:\ a sale or in a contract for the sale of any home improvement work not covere.! by paragraph (a) or (b), the home improvement Contractor shall warra.: h h d' h . d f d ft h ., to t e owner tat, unng t e one year peno rom an a er t e ta~ra:...o:y date, the home improvement shall be free from defects caused by au tyd \\orkmanship or defective materials due to noncompliance with building stan a"d . s. L3.wS h'._ _ 1982. 17, c. 6), g 2, erf. Jan. I, 1978. Amended by Laws 1981, c. 119, g 6, efE. Jan. I, TRADE REGULATIONS, CO:'-iSUi\IER PROTECTION Historical and Statutory Notes The \Y,\.. b' IT . d d I" f L 10 hom~ .' I ~:':l~ndm~nl add~d su d. 3 r~Iat'ng For e ect,ve ate an . ap~ lcau~n 0 aws . :':lprovement warranties. 19S I. c. 119. see Ih~ H,stoncal t\oles under ~ 327A.01. 404 HOUSING; STATUTORY WARR.\...\lTIES ~ 327A.03 Library References Contracts =203. WE5TLAW Topic No. 93. C.J.5. Contracts 9~ 327.342. Owners 2 Retroactive application 3 Used realty 1 Notes of Decisions did not apply to contribution claims of cit\". which had never owned dwelli:lg. Ocel v. City of Eagan. 1987. 402 N. W.2d 33 I. 1. Used realty Doctrine of implied warranty is not applicable to sales of used realt\". Fretschel \'. Burbank. App.1984. 331 N.W.2d 403. 3. Retroactive application This section did not appl)' to house built be. fore 1978. Tereault v. Palmer. App.1987, 413 KW.2d 283. 2. Owners This section requiring ten-)'ear warrant). for major construction defects in sale of dwelling 327A.03. Exclusions The liability of the vendor or the home improvement contractor under sections 327A.Ol to 327A.07 is limited to the specific items set forth in sections 327A.Ol to 327A.07 and does not extend to the following: . (a) Loss or damage not reported by the vendee or the owner to the vendor or the home improvement contractor in writing within six months after the vendee or the owner discovers or should have discovered the loss or damage; (b) Loss or damage caused by defects in design. installation. or materials which the vendee or the owner supplied. installed. or directed to be installed; (c) Secondary loss or damage such as personal injury or property damage; (d) Loss or damage from normal wear and tear; (e) Loss or damage from normal shrinkage caused by drying of the dwelling or the home improvement within tolerances of building standards; ({) Loss or damage from dampness and condensation due to insufficient ventilation after occupancy; (i) Loss or damage from negligence, improper maintenance or alteration of the dwelling or the home improvement by parties other than the vendor or the home improvement contractor; (h) Loss or damage from changes in grading of the ground around the dwelling or the home improvement by parties other than the vendor or the home improvement contractor; (i) Landscaping or insect loss or damage; G> Loss or damage from failure to maintain the dwelling or the home improvement in good repair; (k) Loss or damage which the vendee or the owner, whenever feasible. .has nOt taken timely action to minimize; (I) Loss or damage which occurs after the dwelling or the home improve- ment is no longer used primarily as a residence; 405 S 327A.03 TRADE REGULATIONS, CONSUMER PROTECTION (m) Accidental loss or damage usually describ.:d as acts of God, includino, but not limited to: fire, explosion, smoke, water escape, windstorm, hail o"r lightning, falling trees, aircraft and vehicles, flood, and eilnhquake, except when the loss or damage is caused by failure to comply with building Stan- dards; (n) Loss or damage from soil movement which is compensated by legislation or covered by insurance; (0) Loss or damage due to soil conditions where construction is done upon Jilnds owned by the vendee or the owner and obtained by the vendee from a source independent of the ve.ndor or the home improvement contractor; (p) In the case of home improvement work, 105s or damage due to defects i:t the existing structure and systems not caused by the home improvement, Laws 1977, c. 65, ~ 3, err. Jan. I, 1978. Amended by Laws 1981, c. 119, ~ 7, err. Jan. I, 1982; Laws 1936, c. 444. Historical and Statutory Notes The 1951 amendment made the section appli- The 1936 amendment authorized the removal' cable 10 "or the home improvement contractor" or nonsubstantive gender specific references. and "or the home impro\.ement" and "or the owner"; and added subd. (pl. For errecth.e date and application of Laws 1931, c. 119. see the Historical ro;otes under ~ 327A.OI. Library References Contracts C=>205. WESTLAW Topic I{o. 95. C.J.S. Contracts S~ 327, 342. 327 A.04. Waiver and modification limited Subdivision 1. Except as provided in subdivisions 2 and 3, the provisions of sections 327A.Ol to 327A.07 cannot be waived or modified bv contract or otherwise. Any agreement which purpons to waive or modify th~ provisions of sections 327A.Ol to 327A.07. except as provided in subdivisions 2 and 3 of this section, shall be void. Subd. 2. At any time after a contract for the sale of a dwelling is entered into by and between a vendor and a vendee or a contract for home improve- ment work is entered into by and between a home improvement contractor and an owner, any of the statutory warranties provided for in section 327A.02 may be excluded or modified only by a written instrument, printed in bold face type of a minimum size of ten points. which is signed by the vendee or the owner and which sets fonh in detail the warranty involved, the consent of the vendee or the owner, and the tenns of the new agreement contained in the writing. No exclusion or modification shall be effective unless the vendor or the home improvement contractor provides substitute express warranties offering sub- stantially the same protections to the vendee or the owner as the statutory warranties set fonh in section 327A.02. Any modification or exclusion agreed to by vendee and vendor or the owner and home improvement contractor 406 HOUSI:'-:G; STATUTORY WARR-\.1'iTIES S 327A.05 pursuant to this subdivision shall not require the approval of the commissioner of administration pursuant to section 327A.07. Subd. 3. If a major construction defect is discovered prior to the sale of a dwelling. the statutory warranty set forth in section 327A.02. subdivision I, clause (c) mav be waived for the defect identified in the waiver instrument, after full oral disclosure of the specific defect, by an instrument which sets forth in detail; the specific defect; the difference between the value of the dwelling without the defect and the value of the dwelling with the defect. as determined and attested to by an independent appraiser, contractor. insurance adjuster, engineer or any other similarly knowledgeable person selected by the vendee; the price reduction; the date the construction was completed; the legal description of the dwelling; the consent of the vendee to the waiver; and the signatures of the vendee, the vendor. and two witnesses. A single waiver agreed to pursuant to this subdivision may not apply to more than one majot' construction defect in a d\velling. The waiver shall not be effective unless filed for recording with the county , recorder or registrar of tides who shall file the waiver for record. Laws 1977, c. 65. S 4, err. lan. I. 1973. Amended bv Laws 1981. c. 119, S 8, err. Jan. I, 1982. . Historical and Statutory Notes The 19S 1 "mendment inserted. in the first sentence of subd. 2. "or a contract for home impro,,"cment work is entered into by and be. twe:n a hom~ imoro\'cmenl contractor :1nd an owner" following' "" ,.endor "nd " ,.endee"; and made subd. 2 applic3ble 10 "or the owner" and "or Ihe home impro\'ement contractor". For effective date and application of Laws 19SI. c. 119. see the Historical I'otes under !i 327A.01. Library References COntr3clS <>205. WE5TLAW Topic Z'o. 95. C.].5. Contracl$ !i~ 327. 3';2. 327A.05. Remedies Subdivision 1. New home warranties. Upon breach of any warranty im. posed by section 327A.02, subdivision I, the vendee shall have a cause of action against the vendor for damages arising out of the breach. or for specific performance. Damages shall be limited to: (a) The amount necessary to remedy the defect or breach; or (b) The difference between the value of the dwelling without the defect and the value of the dwelling with the defect. Subd. 2.. Home improvement warranty. Upon breach of any warranty imposed by section 327A.02, subdivision 3. the owner shall have a cause of action against the home improvement contractor for damages arising out of the breach. or for specific performance. Damages shall be limited to the amount necessary to remedy the defect or breach. Laws 1977. c. 65, S 5. erf. lan. I. 1978. Amended by Laws 1931. c. 119. S 9, err. Jan. I, 1932. 407 ~ 327A.05 TRADE REGULATIONS, COi\'SUi\rER PROTECTION Historical and Statutory /':otcs Th~ 193 1 am~ndment design:1ted th~ e.,isting For effecth'e d~te :lnd :lpplic:1tion of La""1 section as "subdivision l. New hom~ W:lrran. 1931. c. 119. se~ th~ Historical ~otes under ti~s:': inserted. in the introductory paragraph $ 327A.0l. of subd. I. ... subdh'ision I" following "s~ction 327A.02"; and add~d subd. 2. 327A.06. Other warranties The statutory warranties provided for in section 327 A,02 shall be in addition to all other warranties imposed by law or agreement. The remedies provided in section 327A.05 shall not be construed as limiting the remedies in any action not predicated upon breach of the statutory warranties imposed by section 327A.02. Laws 1977. c. 65. 9 6, df. Jan. I, 1978. Contracts =203. WESTLAW Topic No. 93. CJ.S. Contracts 99 327, 342. Library References 327A.07, Variations The commissioner of administration may approve pursuant to sections 14.05. to 14.36. variations from the provisions of sections 327A.02 and 327A.03 if the warranty program of the vendor or the home improvement contractor request- ing the variation offers at least substantially the same protections to the vendee or owner as provided by the statutory warranties set forth in section 327A.02. Laws 1977. c. 65. 97, eff. Jan. I, 1978. Amended by Laws 1981, c. 119.9 10. df. Jan. 1. 1982; Laws 1982. c. 424, 9 130. Historical and Statutory Notes The 193 J amendment inserted "or the home The 1932 amendment authorized the revisor improvement contractor" following "of the "en- of statutes to correct chapter and section refer- do,('. and "or owner" following "to the ,'end- ences to the administrative procedure act upon ee . its recompilation as a separate chapter. For effective date and application of Laws 1981. see the Historkal Notes under 9 327A.OJ. Contracts =203. WESTLA W Topic. No. 93. CJ.S. ContraclS $9 327, 342. Library References 327A.08. Limitations NotWithstanding any other provision of laws 198 I, chapter 119, sections 1 to 10: (a) The terms of the home imp:-ovemem warranties required by Laws 1981, chapter 119. sections 1 to 10 commence upon completion of the home improve. . ment and the term shall not be required to be renewed or extended if the home 408 1 HOUSING; STATUTORY WARRANTIES 9327A.08 improvement Contractor performs additional impro\"ements required by war- ranty: (b) The home improvement warranties required by Laws 1931, chapter 119. sections 1 to 10 shall not include products or materials installed that are already covered by implied or written warranty; and (c) The home improvement warranties required by Laws 1981. chapter 119. sections 1 to 10 are intended to be implied warranties imposing an affirmative obligation upon home improvement contractors, and Laws 1981, chapter 119. sections 1 to 10, do not require that written warranty instruments be created and conveyed to the owner. uws 1981, c. 119, ~ II. err. Jan. I, 1982. Historical and Statutory NOles For errecth'e date and application of Laws 1981. c. 119. see the Historic:>1 Notes under ! 327A.01. Contmcts <!:=>105.30. WESTLAW Topic No. 95. CJ.S. Contracts! 3';1. Library References 409 1 ~ SHADOWBROOK COVE TOWNHOMES ASSOCIATION ANDOVER, MN PACKAGE POLICY A. PROPERTY Locations: To Be Determined Andover, MN Per unit Building Limit Deductible Deductible $ $ $ 500.00 1,000.00 Special Form Subject to standard exclusions Replacement Cost Inflation Guard Surface Water/Water Backup (charge per building) Building Definition: "All-In" Employee Dishonesty (include designated agent) Deductible $ $ 10,000.00 500.00 B. . GENERAL LIABILITY General Aggregate Each Occurrence $2,000,000.00 $1,000,000.00 $4,000,000.00 $2,000,000.00 $1,000,000.00 $2,000,000.00 $1,000,000.00 $ 1,000.00 General Aggregate Each Occurrence Non-owned & Hired auto Non-owned & Hired auto Directors & Officers Liability Deductible (Includes directors, officers, & developers) (INSBRT SITB PLAN DEPICTING LOCATION OF IMPROVEMENTS) QUIT CLAIM DEED Corporation or Partnership to Corporation or Partnership No delinquent taxes and transfer entered: certificate of Real Estate Value ( ) filed () not required ,19_ County Auditor By: Deputy state Deed Tax Due Hereon: $ Date: , 1998. FOR VALUABLE CONSIDERATION, Bunker, LLC, a limited liability company under the laws of Minnesota, Grantor, hereby conveys and quitclaims to Shadowbrook Cove Townhomes Association, a limited liability company under the laws of Minnesota, Grantee, real property in Anoka county, Minnesota, described as follows: together with all hereditaments and appurtenances belonging thereto. Bunker, LLC By Its STATE OF MINNESOTA) ) SSe COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1998, by the of Bunker, LLC, a limited liability company under that laws of the state of Minnesota, on behalf of the limited liability company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: GRIES & LENHARDT, P.L.L.P. 100 East Central P.o. Box 35 st. Michael, Minnesota 55376 (612)497-3099 TAX STATEMENTS TO BE SENT TO: Shadowbrook Cove Townhome Association 10738 Hanson Blvd. NW Coon Rapids, MN 55433 CERTIFICATE OF RESOLUTIONS OF SHADOWBROOK COVE TOWNHOMES ASSOCIATION The undersigned certifies that he is the Secretary of Shadowbrook Cove Townhomes Association and that the following is a true, accurate and compared transcript of resolutions duly adopted at a meeting of the Board of Directors and that said resolutions have not been amended or revoked and are in full force and effect as of the date of this Certificate to-wit: RESOLVED, that the following rules and regulations are promulgated pursuant to Section 5.6 of the Declaration of Common Interest Community for Shadowbrook Cove Townhomes Association. 1. Services. This Association may obtain and pay for the services of any person or entity to manage its affairs, or any part, thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Property, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Property or the enforcement of the Declaration. The Association shall arrange with others to furnish trash collection and other common services to each Unit. Any agreement for professional management of the Property, of any other contract providing for services by Declarant or an entity owned or controlled by the same persons as Declarant, must provide for termination by either party without cause or payment of a termination fee on ninety (90) days or less written notice, and shall have a maximum contract term of one (1) year, but may be renewable by agreement of the parties for 022698 022698 4. successive one-year terms. 2. Personal Propertv for Common Use. The Association may acquire and hold, for the use and benefit for all the Owners, tangible and intangible personal property and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferrable except with the transfer of title to a Unit, provided that an Owner may delegate his right of enjoyment of said personal property to residents of his Unit. A transfer of title to a Unit shall transfer to the transferee ownership of the transferor's beneficial interest in such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of other Owners. The transfer of title to a Unit under foreclosure shall entitle the purchaser to the beneficial interest in such personal property associated with the foreclosed Unit. 3. Siqns. No "for sale" signs larger than 432 s,quare inches (standard 18 inches by 24 inches) will be permitted on any Unit (except those of Declarant or third parties designated by Declarant prior to the conveyance of the last Unit by Declarant). No other signs, including without limitation, garage sale, identification, advertising or directional signs, shall be permitted without the prior approval of the Board of Directors or a committee appointed by it. Nuisances. No clothes lines or drying yards shall be permitted on any Unit. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain on the Unit. No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain on a Unit. No firewood shall be stored on a Unit unless concealed by screening acceptable to the Board of Directors or a committee appointed by it. In the event that an Owner of any Unit shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles or other unsightly growths or objects, then the Declarant or the Board of Directors, or a committee appointed by it, may enter upon such lands and remove the same at the expense of the Owner, and such entry shall not be deemed as trespass, and in the event of such a removal, a lien shall arise and be created in favor of the Association and against such Unit for the full amount chargeable to such Unit, and such 2 022698 6. 7. amount shall be due and payable within thirty (30) days after the Owner is billed therefore. No Unit shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Unit to appear in an unclean or untidy condition or that will be obnoxious to the eye, nor shall any substance, thing or material be kept upon any unit that will emit foul or obnoxious odors, or that. will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding properties. The outside storage of an unlicensed motor vehicle upon a Unit shall also be considered a nuisance. 5. storaqe. outside storage of any items, inClUding, but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment, yard and garden tools and equipment, and trash and garbage containers, shall not be allowed unless effectively screened from view outside the unit. The design on any scr~ening enclosures must be approved by the Board of Directors or a committee appointed by it. Household trash and garbage shall be regularly collected and may be kept outside only if in tightly-covered containers. without the express written approval of the Board of Directors, which approval may be withheld without stated reason, the following restrictions apply: (a) Boats, snowmobiles, trailers, camping vehicles, tractors/trailers or vehicles rated in excess of 7,000 pounds gross weight shall not be stored or parked upon any Unit outside of a garage. (b) Except as may be incidental to delivery or providing service, no commercial vehicle shall be stored or parked on any Unit outside a garage. storaqe Tanks. No permanent storage tanks of any kind shall be erected, placed or permitted on any Unit. Temporarv structures. No structure of temporary character, trailer, basement, tent, shack, garage, barn, or other building shall be used on any Unit at any time as a residence, either temporarily or permanently. 3 022698 8. Exterior Ornaments. Exterior ornaments, including but not limited to pre-cast concrete, plastic or wood figurines, wishing wells and windmills, shall be prohibited unless approved by the Board of Directors or a committee appointed by it prior to installation or construction. 9. Gardens. Vegetable and/or flower gardens shall be prohibited unless approved by the Board of Directors or a committee appointed by it. 10. Lawn and Plantinq Maintenance. To the extent the Association undertakes to water gardens and plantings established by individual Owners, it will not be responsible for any damage to such gardens and plantings due to over-watering, under-watering, or improper watering. 11. Private street Parkinq. Vehicle parking will be restricted to one side of the private streets wi thin the Association area. The side of the private street where parking is prohibited will at all times be marked with permanent marking signs. 12. Upkeep. Maintenance and Heatinq of Dwellinqs. An Owner shall do no act nor any work that will impair the structural soundness or integrity of a multi- family structure or an adjoining dwelling or garage, or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other dwellings, garages or their Owners. For the purpose of preventing damage and breakage of water, sewer and other utility lines and pipes in a dwelling which might result in damage to that of other dwellings, all Owners shall maintain the temperature in their dwellings at all times at least at 55 degrees fahrenheit; subject, however, to the inability to maintain such temperature due to causes beyond the Owner's reasonable control. Any damage resulting from the refusal or failure of an Owner to so maintain such minimum temperature may be repaired by the Association and (unless due to causes beyond the Owner's reasonable control) the cost thereof assessed against the Unit of the refusing or failing Owner. If the failure to maintain such minimum temperature is due to causes beyond the Owner's reasonable control, the cost of such repair shall be a Common Expense. 14. Completion of Construction of Improvements. All 4 Dated: 022698 construction work shall, upon approval of plans by the Board of Director or a committee appointed by it, be carried on with dispatch; all improvements shall be constructed in conformity with the then existing building codes of the City of Andover; and all building plans shall be prepared by or under the supervision of a registered architect, a builder or a qualified design professional. If any structure is begun after approval of the plans and is not completed within one (1) year of the commencement of said construction arid, in the judgment of the Declarant or the Board of Directors, is offensive or unsightly in appearance, the Declarant or the Board of Directors may take such steps as may be necessary to make the property harmonious. with other properties, such steps including completion of the exterior of the structure, screening or covering the structure, or any combination thereof, or similar operations. The amount of any expenditure made in so doing shall be the personal, joint and several obligation of the Owner or Owners and shall be a lien on the Unit and may be foreclosed in the same manner as provided in the Declaration. The lien herein shall not be valid as against a subsequent bona fide purchaser of the Unit in question, unless a statement setting forth the claim shall have been filed of record in the office of the County Recorder and/or Registrar of Titles of Anoka County, whichever is appropriate, and unless suit and lis pendens to foreclose the lien shall have been filed of record in the office of the County Recorder and/or Registrar of Titles of Anoka County prior to the recordation of the deed conveying the Unit in question to said purchaser. , 1998 Secretary 5 " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 17.1998 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance QS:)'\\'- Jean D. McGmm lITEM NO. Schedule of Bills REOUEST: The Andover City Council is requested to approve total claims in the amount of$ 454.327.84. BACKGROUND: Claims totaling $ 54.574.50 disbursement edit list #1 dated 03-10-98 have been issued and released. Claims totaling $ 286.687.09 on disbursement edit list #2 dated 03-17-98 will be issued and released upon City Council approval. Debt service payments in the amount of$113.066.25 due 04-01-98 will be wire transferred on 03-27-98 upon City Council approval. Date: 03-17-98 Approved By: 0:" "''' >.. 0'" "'" ~'" 1; ,"U o o "'" E-< ~ ~ Uo :;- "'" 00 ~.. o~ "'''' "" :E '" E-<~ ,,~ '" "'" ~~ ~.... U ~'" 2'" ~..... ,"" .... U..... "',., "'0 .~ '.J.,/ :::.. ;::, ~ .:1- :l~ # ..- ......... m .... .... .~ '" '" o . .... " 'tl . -" " " ... ... '" ... . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., .. ... ... oil ... . . . . . . . . ... CDCllCIlttl... . . . . "'O'\(I'IO'\(I'IiI . . . . ... ................................. . . . . ... 0000'" . . . . ... ~""".-I""'" . . . . ... ............................ . . . . -II MMMM'" . . . . ... 0000. . . . . ... ... ... ... it .. . . ... ... ... ... .. .. . . ............... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... to '" ... ill ... '* " o .~ " " . .... . " ... " o "" . '" " E-< 2 '" :E " '" " '" " ~ Q '" '" ..... o .... ..... ,., o E-< 2 '" >: :E o U '" '" o .... ,., o '" " o '" " 15 '" E-< 2 " :E >: 8 ~ Q tl)tI]tIltl) ~ E-t ~..q.... 2:22:2 U:Jr.Jr.Jtil ::e::E:e::e: l1lrzltIJli:l tr)tI)tI)Cf.l ~~~~ OOlOallll tIltl)tI)tI1 1-11-41-41-4 O'U::=\O " " " E-t~:"::::'::E-t:..:: ZUUUZU tilCiltilWt>:Jt>:J ::e:::::X::I::E:C oouuuooU " " ~~~~~~ aJ:::J:>:>lIlO 8H~8~ CD CIICDCDCO COCOCllCO CD co 0\0'10'10'10'10'10'1(1'10'10'10'1 ...................................................................... OOOOOr--r'IlMo:I'UlN ....................NOOOO.... ................................................................... MMMMMNMMMMM 00000000000 Q ~ , '" " , .. E-< .. Q lIlIDI""'CO""I.I)\DI""'CDO'IO NNNNMMMMMMo:I' \D\D\D\D\D\D\D\D\D\D\D I I I I I I I I I I I CtICOaJCDCllCIlCDCOCDCDCIl 0'\0'\0'10'10'10'10'1.0'10'10'10'1 0'10'10'10'10'10'\0'\0'10'\0'10'1 ...........-1..-1................................ OOOOOC""C'IIM""l.nN ....................NOOOO.... MMMMMNMMMMM 00000000000 I I I I . t I , , I I QQOOO::E:::E::E::E::E:E: ~o "'.... U m .'" "'" .~ 0 '" ~ "'''' '" . " ." "" " 'tl .... 02 '" " . ... " .~ " '" E " o '" m . .~ .... ,,"0 o ..U m o '" o '" ....l-I...... ....0 "".... "0..... " .,., "''''0 m ~Z'" o "" " '" 0:.-< '" i'i '" M'-<" .. .-< I""INM'O!'lntl'llnl.Dr--N '" l.Dall"'-CI'\ .. "'.. '" '" 0 000 0 0 0000000000 0 0000 0 00 0 0 Z 0 000 0 0 0000000000 0 0000 0 00 0 ~['J .... 0 000 0 0 0000000000 0 0000 0 00 0 .., 0 000 0 0 0000000000 0 0000 0 00 0 .. .... 0 .. "''''''' '" .. ..................qo",...CO '" lJ'IU'lU'lU'l .. .... .. 0 .... " """ " " MMMMMMMMMN " NMNN M "" " 0 '" "''''''' '" '" \D\D\J)\l)\,l)\,D\J)\J)\QI,Q '" \O\D\D\D '" "'''' '" ><" .. ... ..... ....'" .. Uo > .. .. 0 0 .. .. '" .., M .-< U 0 '" 0.-< " .. "'" '" '" "'0 .. .-< '" ....'" .... tIltl)fJ1t1)r/JtI)tI)ClJtI) N 00...... .-< .-<.... '" 0 !Hlg:g:g:g:g:g:g::;: 0 .....-INN .-< .-< .-< .-< NNNN '" . , U " .. E-1f-if-<f-<f-1E-tf-tE-t8M .. 0000 .. .-<.. .... " MMM .... .... tIltl'ltlltl)tI]tI)tIltlltll\O .. U'l\OO.... .. "''' 0 .-< .-<"" " " !J U"llll..-i.... 00 5:: '" "''''''' .-< 0 r.JrdCzJCr:1Cr:1tL1CzJCzJizJO\ <0(1)0"10'\ '" "'''' 0 MMM '" .... r:LIrz:lt:rJtz:ltz:ll'Lltllr.:lWO U NN 0\ 0'1 ...... .... M .-<.-<.-< '" .-< tIltlltlltlltl)tIltlltlltllN .. :i:::E:E:::e: U '-<M " .... .. .., U ... 15 .-< "'0" .-< .....-1...-1..-1.....-1...............-1 .-< 0000 00 0 " 0'-<0 0 NNNNNNNNNN 0 ..............-1 ........ .... 0 M ..".. " MMMMMMMMMM M ............ .... .. U . . . . . . . . . . U 0 000 0 '" 0000000000 0 0000 0 00 0 .. M "''''''' 0 0 O"*'MOOMOLtlIllO 0 "",1.0,,1.0 '" "'''' '" .. ""'''' .-< .... OCTI....N""'....CT\CI'\O .-< 0"1 O'\Q\ 0"1 " .-<.-< .-< .. .-< "'.-<.-< M .-< N....O'INU"IO'\MI""II""IN M .-1..-1.....-1 '" M M M 0 .. ...... .. " .....",...........".."..,.. .. ""'.,.""'.,. M .... .. 15 .-< .....-<.-< .-< .-< .-tl""lr-l..-tI""l........I""lr-lr-l .-< .-1..-1......-1 .-< .-<.-< .-< 0 ..00 0 0 0000000000 0 0000 0 00 0 .. .-< ...-<.-< .-< .-< .......-1"".-1.-1\0..-1.-1..-1...-1 .-< .-1.-1........ .-< .-<.-< .-< .., .., Z UU U . "' " ~ '" ~ ~. ~ .-< '" " ~ .... >< " '" "" " .- " .., .. '" " "'''' '" "' '" 0: .. .. U 0: ...... ... U"O .. .... '" "" " '" ...."'"' '" u &: "' ........ .... 0 >...... " " " >'!>'! >'! 0:..,.., .... '" .... . "'.. '" 0 " '" , , , ~ ".. U .., 0: "" " " '" "'....., .... 0 ~ .., ~ f;:f;::l ... 'tl ;:j :l""" .. X .. 0 X . ....... .. X " ~ UU... U -" " '" "'U>'!O 0 ... IIlrz:lCilMtilOOOOOOOOrzlQ 0 g ........0 .... 0 " !J" ... .... ZZZZZZZZZZE-t .... ..,..,... .., " ... 0 ......... ~ :;: 0000000000 " tIlCf.ltl)tI) " ......0: ... 15 X ::1...0:0: ::t::I::I::r:::r::z:::r:::c:c::t:0:: " ~~~~g 0 .. ......0 U c.c.a.c.c.c..c.c.c.c.Q '" 15 "''''0 '" 0 '" t-<O::<O '" .. rz:Ir.:ltz:l tz:Itz:ltz:ltzJ CzJOdtdQ .. "''''0 '" U .., Zr:.::IlloZ " .., ~..:I...:I..:I...:I..:I...:I...:I...:I..:IZ 0 ZZZZZ .. 0:0:" 0: U '" 00..00111 '" .. OOOOOOtalOOtolr.:llZlt:rJtz:lr.:l 0: C>:100 r.:I 0000 '" ......'" ... .. ... UOe:::> u .. ~-q-q"-l fo..q-q",q.-t f-.q-q.... :> .. 0::0::0::0:::> 0: ""> " . . . . ... .... ....lnO'" .. .. IDO\IDIDIDIDCD'<l'CDN..-l 0 ID..-l..-lNC 0 000 M 15 " CDO\U'lN .... '" ID'<l'IDCCDCDCDMU'lCDN 0 t'-NO'\IDU'l 0 000 "' 0 '<l'O\t'-N '" .-< U'lIDU'lNNNNO\U'lt'-..-l 0 t'-U"I..-lCOM 0 000 '" ;:j CMU'lC '" '" '" ...-l..-l...-l...-l "'" .. Nt'-("lIDO 0 0"'''' .... .-< " .-< " 0 .-<"'''' M .-< """ ... ><><>< " "''''''' '" "''''''' ... ..,.., roJroJroJroJ 0: U ~~ " CIl::'::::'::~ '" '" ..." ... dH N 0: "0 X " .... " CIlCllCllCllCllCllCllCllCllCll 0 "'.... "" U " '" ... lJ~ " tzJtzJtzJtzJtzJtzJtzJt<1t<1t<1 .. 0 ..!:; "" ..... '" U HoJ$oJ$oJ$ " CJCJCJCJCJCJCJCJCJCJ "'... ~ ........ ...., ...'" ~ " "'U .... ~~UUU~~~ OZ 15i'l ........ 8... ,,'" tIlClltllCll "'0: " 0:'" >< .. 15 ::.::~o::o:: "0 '" "" " "0: 8XX U'" ".. U uooo ,.. 0: >< tzJtIlCllClltll ... UU '" " .... 0000 "... .. .., :l3 ~~~~~ ><" u........ uo: :l,;; ... " ~QQQ .... ol~~~~~~~~~~ "'0 ..,.., ....... .. " ~15 >< u.. ....u 0:" .....-< "'.... '" CIl~~~ .., u555 555555 ...." ;:j" !J...... !J>< U ;:je; .., - 000000 .... X 0'" oo~o::o::o:: "'''' ~'" '" )01::'::::'::::':: ...., ... :r:~~..J..J..J..J..J..J..J..J "', egggg .." "''''''' "'"' "" "'0: 0:' , , ~:l " U~~..J..J..J..J..J..J..J..J "'" 0 ..,0:0: ..,0: "'" '" .... 0::000000 0 QooooooooooootzJtzJtzJtzJ 0: O::..J..J..::I..J 0:.... "'...... "'... ......... 0:0 ..:;: ooo::e::o:: ...:;: " ouuuuuuuuuu .... o.c...c...rr..c... "'.., "" ;:1'" .." 0 ... U ... " .... i:i ;:1 .-< 0 0 .. .... 0: u..... Z ... .-< "' .., 0: .., '" 0 0 0 O:M '" ~ .. .... :l ;:j ~ ~ ~ ",0 > .. .. .. .. "'... ., i) " :;j~ .. "0. o o ,.... ... ~ ~ Uo :;- '" o .. ~ .., " w .... .... ." "' '" o . .... " " . .<: u '" " ., ...'" "'~ ,. .. "'''' ~~ ~.... U :;j", z'" ~, ..... .... U, "',., ",0 ., z ~ .., " ~ 0. , .. .. o 0. ., U ~ ~ " ~ .. .., U ... 15 o U -u .. .. " 15 .. OJ :ii z ... 15 o U U .. ... 15 o :ii 15 ~ ... 0. .,~ :ii5 z'" ., "''' o " z ., > ,., o o o o ....'" 00 00 00 00 "'''' ...... "'''' '" ... '" '" .. ~ '" .... 00 ........ .... "'''' ,.,,., .... ...... 0.0. UU "'''' .... '" ,., o '" .... ,., .. .... o .... ....0 o~ ....... "'''' ,.,.. ....,., 00 ~'" ~ u ,. "' .., .., o u u ~ '" ti OJ .., ., z ~ ~ ... '" 0 0....... '" ..,,,, "'''0 ".,,, "'...z "'z., ..~> . ,., .... .. '" "''''0 ...~'" ...."'~ "'.... .... ... ... ... .... ...... zz .,., "" 0.,.,. "'.... 00.0. U"" .,., ~gg OJ ""'''' 0."'''' 0"" ..,"'''' .,"'''' &1-:-: "uu .,., "0.0. "''''''' o .. :t '" .. .. '" .... .... o u z .." o~ '" ,. . ..... tJ~ ,... ;2 o :;j "'0.... 0........ 000 000 000 ...... ,.,,.,,., "''''''' "''''''' !HlgJ ......... "''''''' .,.,., .,.,., "''''''' .... .... '" ............ ......... ,.,,.,,., 000 ..~'" "''''''' ............ ...... ............ 000 ............ .., .. ... tJJtzlOOQ ZZZE-i 000 ::c:r::r:rx 0.0.0.0 l'.zJtzJrIH~ ~..:I..:IZ OOtzJr.:Jt.:I (--tE-q"oi > . t"'IIDa'lCO <XlU"lMr-- NCO.,.l.t\ NN....\O .,.,., UUU :;j:;j:;j ......... "''''''' ~~~ """ """ zzz 000 8..J..J..J .. !( o .... o o o "....................OOOOOONNNNNN ........................................................................ 000000000000000000 000000000000000000 000000000000000000 '" ... '" U"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"IU"I NNNNNNNNNNNNNNNNNN \D\D\D\D\D\D\D\D\D\D\D\D\D\D\D\D\DID .. '" '" .. '" .... ... 000000000000000000 COCOCOCOCOCO........................NNNNNN a'la'\a'\a'\a'\a'\........................mmcocococo U"IU"IU"IU"IU"IU"I~r--r--r--r--r--\D\D\D\D\D\D COCOCOCOCOCOMMMMMMU"IU"IU"IU"IU"IU"I NNNNNNMMMMMM~~"'''''''''' .... ... ,., o ~ '" .... .. .... o .... ........................................................................ 000000000000000000 NNNNNNNNNNNNNNNNNN . . . . . . . . . . . . . . . . . . U"IOOOOOU"lOOOOOU"lOOOOO NO.,.."O"\ ONO.,..,.O"IONO.,..,.O"I 0 ....N.....,..,.........N.....,..,.........N.....,..,..... MU"IIDa'la'\MMU"IlDa'la'\MMU"IlDa'la'\M .,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,..,. . . . . . . . . . . . . . . . . . . ................N....................N....................N.... 000000000000000000 ~~~~~~~~~~~~~~~~~~ ., Z o " 0. ., .., ., ... ~~~~mm~m~mm~~~~mmm ~~~~~~~~~~~~~~~~~~ HHHHHHHHHHHHHHHHHH ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~ mm~m~mmmmmm~mmoommm ~~~~~~~~~~~~~~OOOO~~ UUUUUUUUUUUUUUUUUU HHHHHHHHHHHHHHHHHH~ ~~~~~~~~~~~~~~~~~~< ~~~~~~~~~~~~~~~~~~~ 0000000000000000000 ... ~~~~~~~~~~~~~~~~~~~ ~~~~~~OO~~~~~OO~~~OO~C ~~~~~~~~~~~ffiffi~~~~~~ DDDUUUUUUUUUUDUDDU> . .... .... ,., 0::0::0::0::0::0:: UUUUUU O~~~~~~~~~~OM~MMOMM ~m~~M~O~~~O~M~MMOO~ . . . . . . . . . . . . . . . . . . . ~M~M~~~MOM~~M~M~~~M M~~~OM ~ ~ ~ .... ... '" OJ U ~'" >., "''' .,.. "'0. '" "'... .,0. ..,., "0 '" ~., "" ~ ..... .. !( r.1r.1r.1tlrJOOtLI o ~oooommoo e:: HHHHHH ~ CCCCCC ~~~~~~~~~~~~~~~~~~~ HHHHHHHHHHHHHUUUUUU ~~~~~~~~~~~~~e::e::e::e::e::e:: ~~~~~~~~~~~~~OOOOOOOOOOr.1 O~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~ oommmmoommoooomoomCCCCCQ c OOr.10000tlrJr.1 <~OOr.1r.1~r.10000tlrJr.100~~~~~~Z u~~~~~~~~~~~~5S55S~ ~~~~~~~~~~~~~~~~~~~ u~~~~~~~~~~~~~OO~Wr.1~ 0000000000000::0::0::0::0::0:: ., '" ~ o "' ..,., ........ 00 00 00 ~~ ...... "'''' ,.,.... ...... "'0 ...,., "'''' ........ ...... ...... 00 ~~ "'''' "'''' .... ...... 00 ........ >> , , "'''' .,., ~~ ..,.., 0.0. 0.0. 00 "'''' !;!;~ ~~... ~~g " "''''''' ~~o ...." o.o.z .,.,., "''''> . '" u 000 0........ 0........ 0"'''' ........ u ~ '" ti ., . ..,..." .,~., o~> ...,,'" ou., .. ... z~::i 00'" ...u'" :t " ~ '" "' o ,., .... .. ~ .... o o o ~ ... '" '" .... o o o ~ ... '" '" '" ... ,., .... .... ,., z ~ , ,., ~ ... '" o .... .... .... o ... o ... '" .... .. .... o .... .... ... ... o ~ '" '" .. ... o .... :;- '" ., ~ .., 0. 0. o '" '" ., ~ .., 0. 0. o '" ., u ~ .. .. o ... z ~ , '" ~ .. 0. ., '" ~ ., i:i " '" .. .. ~ .. ... ~ .... ,., '" '" ., " z ~ "' .... '" ... '" '" ., ." uz z~ ~"' !; o "'... !J:'; 0'" ,,0. o "''' o.z ~ .,,, ~~ .. o ... "' :~ 00 u.., "... 0" "':t ~~ "'~ u u "'.., '" i3 " ::i'" ~ 0.0. o o ><" ... H'" VO :;- '" o .. '" .., " . H H .~ "' ... o . H ~ '" . -" U '" '" '" ...'" "'''' >< .. "'~ :j~ H H V ::i~ "'" H' 0..... H V, "'.., ",0 '" " H .., " H 0. , 0. t"-WC\O ............N 0000 0000 0000 l.t'ILnU'lUl NNNN \1)\0\0\0 ,. o 0. '" V H o ;; H '" H .. .., V ... ~ o V U .. .. " 15 0. OOON MMM~ MMM'CI' 0000 Mo::l'O"l1"'l l.t'I<:2''CI'l.I'I ....0'\0'1.... "''CI''CI''l$' ........1'1.... 0000 ....\D\D.-l '" ~ ... 15 o V V .. """ 000t? e::e::f::~~ ESES~2~ C::O:: 0::0 E-t 000...:1 ""0.0........0:: tIltlltlltllO ~~::i:j@ @Q!o::OOCzJ E-.q..q.....:t: > . ... 15 o ~ NN.-lU'lO OOOt'-a) r--........MN NNN r-- " o H ... 0. "'H ~5 "'" '" "'" o " " '" :> fo.q-q..q.... zzzz 00000000 ::e:~::e::E trJr.z:ICzJr:LI cntlltlltll ~~~~ ~tQiXllXI :E:E:E:E I-ll-tl-ll-l ~WOOr.Jc.J CzJo::o::tt:o:: .., P::ti:1CzJrz:lOO I-ItIltlltlltll :r:zzzz tl)CdtzJCzJtzJ ......c.c.c..Q" Z><><><>< Qtz:lta:lra:ltz:l ... " H .., V H .... o o o '" .... '" o H '" o '" " '" .. r- .. .. " ::i .., o o o o o ...; '" ... '" o V 0" !;8 ..... .. :jg H'" U'" "'''' '" '" '" o V H H o o o ~ " '" ~ ~ .. o .., '" H .. .., o r- >< V " '" " " H ... " o V o o o o H 0. '" o V " '" "0 "'~ " "0: ~2 ",::i :>.., Ho. '" "'" ffie '" 0. '" o V " " o o o '" " '" o r- " .., o H .... '" " H .., .. H o H " '" H .., 0. 0. " '" " " ~ '" 0. o '" .., r- '" H '" o V '" u~ ~h '" "'''' "'''' 0:" ~ :j" ...U "" "'''' "... H ... Il V .., " o o o '" " '" NNt'-Ml.t'I'C!'\l) a) r--C\O....",LnIDr--<OMo::l' 0.... 0'1 a) l.t'I\l) 'CI'M'CI'MNNNNNNMMMMMMM'CI''CI''CI''CI'M'CI''CI'qo 0000000000000000000000000 0000000000000000000000000 0000000000000000000000000 l.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'Il.t'ILn NNNNNNNNNNNNNNNNNNNNNNNNN \l)\l)\l)\O\D\D\O\D\O\O\D\O\D\D\O\Q\O\D\O\O\D\O\O\O\D "" '" tIlr.JCzJ.., 0 OOUUtIl 0 0 UHI-lOO \0 0'1 I-IOOU.(O m 0;;;;8'" .., ;; H H:>. . H z<oOLn....O....NMr--o::l'O'IO'I\l)(O(OONMO'Ir--N c.:IOOHr--OLnNOLnOl.t'll.t'lM........Ln............\OO'IM....O CzJoooo 'CI'l.t'Il.t'IO....O'IOMN~~~~NN~~~~~~ >~~O~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~ '" '" ... o o .., '" .. H o H ~ ~~ ~~ ~ ~o~o ~~ ~oo " 0 N NN NN N N~N~ NN N~~ N ~ N NN NN N NNNN NN NNN N N O"OO"OO"O"OOOO~OO~OOO~OMO ~o~~o~~o~o~~~~o~~o~~~o~o~ ~~~~~~~~~~~~~~"~~M~~~M~M~ ~~~~~~~~~~~~~~~~~~~~~~~~~ ~"~~"~~"~M~~~~~~~~~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . NNNNNNNNNNNNNNNNNNNNNNNNN 0000000000000000000000000 ~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~m m m ~ ~oo 0000 00 00 ~ OO~ 00 00 ~ ~H ~H ~ H H H~ ~ ~ ~~~~~~~~~~~ ~ ~~~~~ ~~~ ~H~~H~~H~H~m~~~~~H~ mH~H ~o~~o~~o~o~w~ooo~~o~ ooo~o ~'~~'~~'~'~H~H'~~'~ H'~' ~mmm~mm~~~m~m~mmmmm ~mmm ~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~~~~~~~~~~~~~~~~~~~ ~~~~ .., z~zz~zz~z~zmzm~zz~zmm~z~oo< ~IH~I~~'~I~ ~ 'HH'~~ '~I~~ ~~~~~~~~~~~~~~~~~~~8~~~~8g 'O"O"O'O'H'HO"O'~HO'O~ ~~~~~~~~~~~~~~~~~~~ 8~~~ ~ <~<<~<<~<~<~<~~<~~<~~~<~~g ~;;~~;;~~;;~~~~~~;;~~;;~~~;;~;;~~ ~H~~H~~H~H~O~O~~~H~mOH~Hm> . >< u " '" " " H ... Il V " ~ ~ .. o '" '" '" u u V ~~~~~O~~O~MNON~N~M~~~M~~~~ MM~O~~~~~MM~~~~M~~O~~~~M~~ . . . . . . . . . . . . . . . . . . . . . . . . . . ~O~N~NMM~~M~~~~OO~~~~~MM~M ~~N~ ~~~~M~ ~N "~~NMMMM~ " " 0 .., "H 0:0 00. .., QH "'''' " "'0. "'0 '" ...... .." ~'" '" "'" "'.. ..'" "'''' u... " o o u '" H '" ~o ~ M ~ ~ ~~ ~ ~~ ~ ~ M U'i ~ ~ ~ g~~U'i ~ ~ ~~~ u ~ ~~~~ U'i > ~ ~~: ~ ~ "0 ~ om~u M 0 mo.CJ~oo "00 ::coo .00 U'iH. E-o ~tI):> 00 . ~o 00 ~~~~~~~ ~~ ~ ~ ~ ~ ~~~ ~ . .>~ ~~~~~ ~~~ ~ ~~~tI) .tI)~9~~ ~~zou UOO 00 >ooo~~ u~o300~~Q >~o::c ~Q ~ ~z~oo z~moo><<~m ~~ > ~u~ ~ QHoomo ~< ~~z~~ moo~~ ~ <~ HO E-o ~~~tI) tI)~ooH~~tI)OOQootl)5t1)~U~ ~ :~g~=:j..,a~~..,o.~~~=~...~~ffig~~g~ mOO~H<OO~OO~IH~~<~~~oo:>oo~~008X ~>tI)3~tI)O~~>ooooooOOOO~OO>3~~Utl)tI) ~ o V o '" o o o "' " '" .. o ~ r- .., H H o H .. H .... o r- .., H o , '" ... ~ 0. , >< '" o ... " '" ;; H .. r- '" .., u " H'" '" ." . H ....., '" H'" ""' o ..,0: "'... "'''' ... '" >< '" u "'.... '" i) " :U'J .. .... o o >ON ... H", UO > , '" o .... "' .., " . .-< .-< .- "' .... o . .-< " '" . .<: o '" '" '" ...'" "'"' >0 .. "'~ ~: H .-< U :ii~ z'" H..... "N .-< U..... "'M ",0 '" Z H .., " H .. ..... .. "" o .. '" U ~ H :;: H .. .., U ... 13 o U -U .. '" " 13 .. '" ~ Z ... 15 o u U .. ... 13 o ~ z o H ... .. "'H ~rl Z'" '" "''' o " z '" > '" .... o o o "' N '" ~ ,.. ~ ,.. M .-< .... N N o "' '" '" .... N o ,.. :;- '" '" H .., .. .. " " ....., Z.. H'" ;1g ..... "'''' HO .." "Z "'''' "'> . "'''' ~"' .....-< 0.... .-<.-< '" ,.. '" '" > '" '" ." ~~ H'" .>0 ." "'0 ""' H "'" '" ..,,, f:l13 ... " >0 '" U .-< o o o o '" N '" NM 00 00 00 00 "'''' N N "'''' ,.. .... o .-< '-<01 ,..,.. "'''' 00 .-<.... o .-< N o o .-< M .... .-< o .-< NN 00 .-<.-< ........ .-<.-< NN 00 ,..,.. " '" H .., .. 00 " '" " Z H ... <2 '" .. o ..,.., "'''' ~~~ , '... >0>00 "''''... 00 ......'" ZZO "'''''' ~~iii HH> . M '" 000 000 ~ "' M "'N~ 0.....-< ",0", ........ " '" H" ..,... ..'" "H "'" "" "'''' '" .,... U H" >" ~~ o :;: '" o "'''' .,., >0"" Z"'''' "00 ..' , "'.,., 0"'''' U ..,.., ..,.,., H"" 0.... 51 ., " .... o o o o ,.. M '" .. '" o "' M .... " .... .... .... M M o "' '" '" .... N o ,.. ., '" Z ., U H .., ., .., U H '" ., > o "' M "' "' " ~ ., Z "'''' .,'" '" Z .,U UH H'" .., ., ...., OU H "'''' 0" tJ> ., '" H " N .... o o o '" N '" MIDN'<I'l.tlt""'aJO"IO .-4.-4M.-4....r-I..-I.-IN 000000000 000000000 000000000 ..,...,.....,..................,. MMMMMMMMM \01D1D1D\D\D1D\D\O Z H , '" '" N N N .... "'.... Mt'-O'IC"lMM........CO Or--....MM......,.l.tlo,\ .-4.-1M........r--r--r--r-- U"IlIlMMMMMMM .-I..-I......-I......-I.-IM.... 0.. 0. 0l0l OlOlOQl 01 1-11-11-11-11-11-11-11-11-1 .... o M o "' N '" .... N o .... .........-I........IDI,QaJ.... Ll'ILllLlll.tlLll\D1DlJ'll.tl MMMMM..........,.M . . . . . . . . . 000000000 00..-1000000 OOCl'\NN........M.-I NN.-INNMMO'IM .............................."" .........-+....1""11""1..-1..-1..-1 000000000 .-ir-l..-l.-l.....-I.-IMM " '" U H 1;; ., " "" ZZ HH ~~ 00 UU ~~ .,., "'''' .......... ~~ ~ OOClOOHH C1~ ~~~~;:S~:a ~g :r:::c:r::r::r::WOO :r:: tIltl)tIltl]tIlt1l:tIl tile:: HHI-II-ll-lt.:::< HO HHHHHUUC)...:lO gJgJgJgJ!l<2<2~gJiii 0..0.0..0.. o..U UU 0.. > . ~ 15 H " " ., .. o '" .. o o "' .... M OOaJNNOOO....1D OONO'IQ'\COOU"lf't1D . . . . . . . . . . OOll'lr--r--U'tMOOO r--['"-IDM..-il.tl1DM....O ........ '" ., ~ .. "0 ~" ~13 "H 0'" "'., " ... ZZ HH 0" OoZ ., ., .., " .. ., " .Z ~~ tJ tIlCll 00< H 0..0. tl)fJ)tIlQ c::: 0..0.. OO:.::U E-o << ~~~:ag&1 . a:llXll'( e:l ooQ a: UOQl.tla::e::Utnt) ~1-Jt'J~22~cn I ~ ........~ 00 0 '""'''' .~~~~.;'" ffi~~~tz]ooe::e::c.1:a :CE-oE-oOHHOO:CZ tJl Ut)r...r.., 0 H . . . H H . . . tI] "'~~gJi:ii:i>>gJ~ gJ",,,,..>>~~..,, .. 1) ., .... o o o o '" N '" U"I\D....M .-1.-1........ 0000 0000 0000 comd)CO NNNN \O\O\DID O'\O'\ON N.,.U'lU'l ~~O'I'" f""If""If""I\D ................ o .... N o o N N .... .... o .... 0000 NNNN \D\D\O\O 0000 0000 0000 f"'-f"'-I""-I""- .,..,..,..,. .,.U'l....1""- """"0'" f""If""If""If""I '" ., H .., .. .. " '" " Z ~ ., .. o UlUlUlUl 111111111111 r.:ll1ICLIl1I t'J..t'J..t'J..t'J.. ~~~~~ l1ll1ltaJOOfo1 ~OC)f-'O <<<<E-l ~~~~8 tIlUlUlUlZ HHHHr.:l r...r...r...r...:> . '" .... U'lU'lU'l0U'l NI""-NON '" "' \DO\DOf""l .,. U'l'" 0'" "'f""If""INf""I .... " ... :;: " '" ., U H .. .. o " ,,'" 00 0" .. " ~g >.. H ... '" ., .. UltllUlUl 11lr.:lr.3r.:l DODO ~~~~ UUUU 11l11ltaJC<1 :>:>>:> ~~~~ fo1fo1E-4fo1 Ultlltlltll 8HHHH rnZZ2:2: OH,""HH ~:E::E::E:E ...~~~~ ... '" '" H .. ID\DIDID\D\DU'lU'lU'lU'l 0000000000 0000000000 0000000000 0000000000 IDID\DID\OIDID\O\O\O NNNNNNNNNN \OIDIDID\D\DIDID\D\D .,..,..,..,..,..,.0'10'10'10'1 .,..,..,..,."""""""""".,. \D\D\D\D\DIDOOOO """''''''''''''''''0'10'10'10'1 .......................................... \D\D\D\O\D\DID\OID\O 0000000000 ........................................ NNNNNNNNNN . . . . . . . . . . 0000000000 1""-0 f""ILtlLtlO 1""-0f""lLtl .....N""""O"l.........N"""" f""ILtl~Q\O"lf""lMLtl~~ """""""""""" """""""" . . . . . . . . . . ............NN................N 0000000000 ........\0\01""-..............\0\0 UltllUlUlUlUlUlUlUlUl l1ll1Il1Il1ll1Il1ll1lCLItiltil ,""HHHHHHI-lI-lH ~~~~~~~~~~ 0..0..0..0..0..0..0..0..0..0.. 0..0..0..0..0..0..0..0..0.0.. ::>::>::>::>::>::>0::>00 tIlUlUltlltlltlltlltlltlltll DOODDClClClClCl Z2:Z22ZZ2:2:2: ~~~~~~~~~~ l1l11ll1ll1l11l11l11ll1l11ll1l 0..0..0..0..0..0..0..0..0..0.. 0000000000 U'lLtlLtl~f""I""ID\OIDO .....,.....N......-if""lOMI""- N\DN""NUlO....OO ....M....N....=....f""I.....N ODODOOOClOO Z;;2:ZZ2;;2:2:Z2;Z ~~~~~~~~~~ l1ll1lC<1l1l11ll1ll1ll1ll1ll1l ...:1...:1...:1...:1...:1...:1...:1..:1..:1...:1 UUUUUUUUUU ................................................................................ ~~~~~~~~~~ E-4E-4fo1E-l8E-48E-4fo18 ~~~tJ~~~~fj~ c::c::c::~~~~~c::c:: tIl::E::E::E:E:E::E::E::E:E:E l1lO::O::O::O::O::C::C::O::~~ UOOOOOOOOOO Hr...rz"r...r...r...r...r...r...r...r... ~~~~~~~~~~~ " " '" " "'''' '" i'; "'''' OOOOOOOO'lf"'-a1 ... ..'" .... Mo:I'aI(J'IO....N "'... "''''... '" 00 ............................000 .... ........ 0 ~N........NNN ........ "''''''' " '" 00 0000000000 0 00 0 0000000 00 000 :i!'" H 00 0000000000 0 00 0 0000000 00 000 ~ .., 00 0000000000 0 00 0 0000000 00 000 .... " "'''' \D\D\D\O\O\O\D\D\D\D .. "'''' '" \D'-D\O\D\D\D\D "'''' "''''''' 0 H "'''' NNNNNNNNNN '" "'''' '" NNNNNNN "'''' "''''''' 0 "'''' \D\D\D\D\D\D\D\D\DID '" "'''' '" \D\D\D\D\Q\D\D "'''' "''''''' ~~ .. ..... H'" .. 00 > , '" .. 0 0 .. .. '" .., '" 0 ,,'" 15" ..'" OOOOOOOI.l'lOO '" "'0 '" '" "'H O\C7IO\O'IO'IO\O\....O\M "tJ ..."'''' 0 "'''' 0\0\0\0\0\0\0'\0\00\ 0 ....r--l.llMM'<t'ClI ....... H .... a1Cl1COalCOQJCONLnID ... "'''' .... ....l.ft'<t'O""(I)o:!" 0'" ..00 0 00 \D\D\D\D\D\D\D\DOU'l ... "'''' M.....,.o\NN'I1' "'.. "'.... i; "'''' OOOOOOONCIlal '" "'''' " OO........NNN 0'" , , , ........ 0000000000 .. "'''' ............................ "'''' 000 H "'''' NNNNNNNNNN .... .... '" 0000000 "'H ......... '" H .. .., 0 " 15 00 .......................................-t .... "'''' '" OOMOMOO ........'" ........ 0000000000 0 ........ '" r-4....N....N........ "''''0 0 "'''' NNNNNNNNNN '" "'''' .. NNNNNNN "''''.. 0 . . . . . . . . . . .U 00 0000000000 0 00 0 0000000 ...... 000 .. "'0 ....OOOOMMOI""I.... 0 00 0 1.l'IC"'-\DU"I""'1.l'I1.l'I 0'" "''''''' .. "'.... 0\ o o:I'N 0:1' l.l'I..,."" 0"1 0'1 '" .... .. N....O\NO\NN 0.... "''''''' "'''' ....NNlfI........l"'iN........ '" "'''' '" cnM.-IO'IrlO\O"I "'.. "''''''' " .... 0:1''<:1'0:1'..,...,.0:1'0:1'0:1'0:1'0:1' .. .... .. """""""0:1'0:1'''''' "'''' ...... . . . . . . . . . . . . . . . . . 15 "'.... ........-I............................r-l '" ........ .... 0.-1""0"" 0 r-- "'.... "''''''' 00 0000000000 0 00 0 ....00......0......,. 00 000 .. ....... ...........................-1............ .. "'''' .... 0:11........0:1'......,.0:11 ...... ......... Ol Ol '" >>H . tlJtlJfJ}tlJtJltIJtlJtlJtI]tIJ , , " , ," .... rdtrJCLlrzJ!i.lOOtrJrzJtrJtrJ '" '" "''''''' .... HI-lHHHHHHHH '" '" '" "", "''''> .~ ~H..:IHHHHHHH '" H H :i!~ HH' Ol 0. 0.0.0.0. 0. 0. p"Q" p" U .., .., ..,..,'" .. "'''' Po o.o..o.c. 0. c.o.o.. 0. H '" tIJ tIJ Q.dJl p.. tIl tIl ....0 "'''' :"::>::>00 O::J D::J::J Ii; '" lIJPLlp.,tiIo..r.:.:IC:<3 "'" g;g;~ 0 HH tIltlltlltlltlltlltlltll{J}CI] 0 HH:;JH::JHH 00 . ..,.., '" H ~..::ltll..::lCl)..::l...:l "'H "''''.., .... IIlrdr.Jc.JE<300tillllrz100 '" ~ .... 0. .... '.tJ .... .... UUUUUUUUlJU .... ... ..... ~ '" ~~:;] ~~~~~~~~~~~ :;] ~ ~~~g~g~~ ~~:;] ~~~:;] -0 ~ " . " ~~tr..rr..rr..tr..rr..rr..r...tr..E-t '" '" H H " .."'" HHHE-t .<: '" 000 00000000000 0 "''''0 H ~~gg~~ "'0 ;iHi~ u " "'''''' " H ~~~ 0 "'H" '" H H ~~~~~~~~~~i3 '" '" HH........H......HH '" ............... 15 ""'" '" '" E-tE-te:::E-ttr;E-tE-tc:: H"'" e:::e:::e:::t:t: ~~g '" HHO ..... ~~~~~~~g "'00 HHHQ 0 CoJI1lI1l00r.:lCzJCdc.Jtilr.:.:lC .. ",,,,,, '" 0"''' <<..co U "''''2 tjtjtJtjSiffiffitj&3~ti 0 "''''''' '" c.JOOo.rdlloll1ti1Z "U2 Cdldl.. Z U ....'" '" ""'" " o.o.t.:Ii:lotIJo..c..r:Ll "''''''' l':4l'ilr.:.:ltll .. 00> OOOClOOOOOO> .. uu> " ooe:::oc::oo:> ""'> e:::e:::e:::::> . . . . . . e::e:::e::o::e:::e:::e::: '" '" uuuuuuu u u " .......... o r--MUlNl.t1..-1M'" UlO'l 0 "''''''' '" ...-l(Qt'-UlGlLl'lO.qo 000 ........,OM 15 "''''''' t--r--\DCO 0'1 CD CXI IDM 0.., '" "''''... .. UlID.....I.O....l""'ICM 000 Nt"'-Or.ll 0 0"'''' Mt"'-CI"l.....ll't.-ll'"'-CDOCOOO ... "''''... .... .... cnr--t"'-M ""0\"" 0"'''' OLllOLtl ~ .......'" N....N.-I ........ "''''0 '" "''''''' '" l.I1.-talOQ)N .. 0"'''' "'0'\ (0 M '" .... .... '" ""'0 ........ .. 0 '" .... "'''' .... ~ '" '" 00 '" "'''' '" .., :;]..",.., "'''' HH QQCOQQO '" H '" HOl'" HH :i!:i! till1ltilr.:.:lr.1t.JtzJ 0 '" " HN~Q ".... "'~~~~~~~~ .", "'''' 0 "'0 0 H.... "'''' UH "~" '" "''' '" "",,,, ..,.., tE-tE-tE-+E-tE-<E-q-lH 0 '" U '" E-tOUtz:l "''''''' UU "'.. '" 0 '" ;i'" .'" "'''' '" .......... ::JlIJl':LItiltiltiloooorr..tIltll :g, "'H" '" :cue:::e::: '" ~~ Ae:::e::e::e:::e::o::o:: "'''' ""'''' H :E tIl ~ U :E "'''' " "'''' "'" o CHH '" .."'''' '" Qt<J:EtIl .0 :i!:i! .......E-t:t::c "'''' o:::c:c:r::r::r::c:cG..:I..:l "'.. "',,'" '" QI-tOO:::UO 15~~~ .. .. '" "'''' p.,uuuuuuu Q..Q" 00 ",U," '" O::..:IOtz:l '" ci...:l...:l "'.. 0 "'''' ",15151515151515 g;g; "'''' " .. '" :r:o.P::~o:::c HQ,3:3: '" H "'''' "'.. "'''' lIJUo. auCll "''''' " :;].;; " uc.p.,o..o.o.o..o..tIlv.ltll '" "''''''' '" "15"'" "15'" H"" ~""'''' .. "''''''' H '" "0 "''''' 0 E-t t/ltlllJ H "'''' 0~!3!3 H.... "'H "''''''' ra..OO[z1Cz3r.:.:1r.:.:1Wto1I'dOOrz:l :i!;:; "0 i[lgj ..........J r.:l tf.I...::IE-t -'" '" U ~5 000 tr...J...:I...:I.J...:I.J.J2;UU ..,,'" E-t .:z:.E-t "'........ .. "'''' :i!.. H.... OOOOOOOQHHH " ~o.'" HU o .O..J tI) = .8 '" , '" "'''' "'''' >HH :C:C:C:C:C:C:Ctllt<ort.. "'.. ",!l~ ..15 o..:t:Q..JE-to:t:tIl ..,.... OE-tti:JOO "'''' '" gJ1515 ~ tnr..r..- 0" '" ...J CrJ H H .", .."'''' uwe:::c:: H..... ",,, MMMMMMMtQOO "'''' "'.." ...., QUtQ3:a:l.Ju~ "'''' "'.... ..'" 0 '" ~ H " '" .. .... " '" " H '" '" '" U..... '" " '" " .., '" '" " "'''' '" .. '" :2 :2 0 0 0 0 Olo > 0 0 " " " " "'''' '" 1) ...."M '" 0 "'''' ".... "M ~ '" r--O'IOCD "'0 " M '" ............ .... M "" MM MM M M MM""M ...." 0 0 " z 000 0 0 00 00 00 0 0 0000 00 0 0 :l'" H 000 0 0 00 00 00 0 0 0000 00 0 0 ~ .., 000 0 0 00 00 00 0 0 0000 00 0 0 ..e. " "''''''' '" '" "'''' "'''' "'''' '" '" I.OI.D\O\O "'''' ... ... 0 H """ " " "" "" "" " " ~NNN "" " " 0 "''''''' '" '" "'''' "'''' "'''' '" '" \DIDI.OID "'''' '" '" ..." e. ... .... H ~ .. Uo > '" .. 0 0 .. e. ~ .., Z 0 H 0:< ..,0 "'''' ~'" N'" M'" '" ... ;2f;l 0.. ~ "'.... U ~~~ ..~ ...." H """ " "'''' .." " M <lI........r--- "'''' .. 0 "''''''' '" '" MM "'i;; 0.... '" .... U1NNM "'''' 0 '" ~ "''''''' '" " ...... :ii... "" '" ... '<:l'COCOCl"l .... " '" """ '" '" ........ "" ... '" Moce "" '" '" H ............ H .. ...... ..,'" ........ '" .... OMMM ~~ '" '" '" H '" .., U ... ~ 000 M .. ....~ MM 00 0 .... MOOO ........ Ul .... ............ M '" "0 MM ...." '" " N............ "" 0 " 0 """ .. M ".. .... "" M " NNNN MM .. " U -U 000 0 0 00 00 00 0 0 0000 00 0 0 '" OOM M Ul UlUl 00 00 ~ ~ IDllIe"'-r-- ..'" ~ ~ ....".. .. '" "'''' " " "" '" '" 0'1"1........ "'''' '" '" .. M~'" .... .... "'''' "" "'~ '" '" MO'IMM ........ '" '" ...... .. .. .... .... .... .. .. ..,...,.."..,. .... .. .. " .... .... ....0........ ........ 15 ........H "" ........ ........ " " " " 000 0 0 00 00 00 0 0 0",",00 00 0 0 .. ........'" .... .... ...... ........ ........ ... ... ....""........ ........ ... ... >H '" :;- " H :;- . ,'" 0 , '" .... "'''' , '" '" '" '" .... "'> '" '" '" :;- '" .~ H , '" H H H " ..,'" H .., .., '" .., "''''''' '" e.0 "'''' "'.., e. OoCl)CI}CI) 0 e. ... "''''''' z 15 [';;lJ Zz "'e. e. o.[:tJ~r.:l ;lJ e. 0 H H H 0 00 He. " DI-lHH " ..,..,.., H H "'.., HH ..,,, Ul tJ]~..:!~ .., '" . e.e.e. ~ t ...... e.'" e.e.e. .... e.e.e. ~~.., e. ,..; .0.0.0. ,..; ,..; ~ '" ~~~:l '" !;:!;::l ~!;::l ~~~~~ ~ 'U :ii ... .., ......'" z z z . ... Ul .., HH'" Ul"'''' H'" H H ... H H .<: Z ~ClClO H 0 >!!"'O HHO ~>!!~ '" >!! >!!OOOO "''''a >!! >!! u ZZZ(-i " U "'... ""... u ZZZf-t zz... Ul ... HHH '" ........ "'''' H.... ~ .... ..........1-11-1 00 .... .... ~ Eo.q..q-q:t: '" '" "''''''' "''''''' ..."'''' '" a:: fo..tf..q... 0:: "''''''' '" '" ~~~g .... '" HHO ........0 ~HO H :l~~~g e.e.0 H H 0 Ul " "''''0 "''''0 "'0 '" "''''0 '" '" U r.:l~c.1Z '" .. ~~~ ",,,,z ",e.z '" e. o..ooooooz ..,..,Z e. e. U o..o.o.c.J 0 '" 0"'" e."'", Z '" t>:lo..o.o..CiI "''''''' '" '" '" 000> 0 '" "''''> 00> 0"'> H '" e:::ooo> ......> '" '" . . . . . . ... r--r--CON 0 '" 000 000 ~M'" 0 " '<1'1""11.01.00\ "'".... 0 ... ~ 0'10\0'10\ 0 '" "0" 000 0........ 0 '" NN......,.O "'....0 0 M 0 r--r--t"-M .. .. 000 ~~O ..."'~ .. '" r-N lI'l 0'1"" "'...... ~ '" :ii ..,.."..,...,. '" ~ ......... "''''M "''''''' .... .... NO'I,"",COll'l 0...." M " .... " ....".. .... .... '" .... ".... ~ "....M " '" '" :l U ... H ",:l ... '" '" uz ... zz ....... z'" "'''' :l~ ..,.., u ~ 00 ozz '" HU "'... ..,,, ... HH UHH Z 0 ~>!! zz H'" z 0 .; '" "'...... "'''' H -'" "'H ~~ '" H U'" H OHH ...e.e. ",:l "'e. e. "'!;:>!! M '" ,'" ..."'0 "'''0 .., Z'" e.", 00 ,;'J ...'" ..a::e:::o::: ...0 ..." 0"'" ..,...... e.",,,, "':< H 00 "'H zo Ul~ :l"''''''' "'0 0 e.0 .., e.UU H'" '" .", 0 H>!!'" H" ... .. Z 000 H "'.. "'...... 0..,'" "zz ...z uz 0 '" 8 i:i ... i;;'" "'''' 0 zo::o::e::: ue. '" " 0 uoo "''''''' H'" >!!H U .", z. ",gJ " H 0000 H ..,.... UM 00 "" u'" ;2 "u ..,..,0 H'" :l.;; ... H' , , :lffi .... "'H" "''''''' ... ffi ~ ~ o~:< "'''' U... e. E-HIJf:LItr.l .z Z.., ouu z.... B "'u ill U e.> H .... "'H <e:::e:::r::z: z'" "'0 "'''''' H"'''' H .., "".., "'.. U :ii!'1 i'il",,,,,,, A'" "'H ~~:l '" "''''''' H :lffi E5o. ><>< U H 0'" '" :l", H" ... "''''''' e...,.., ..'" .",,,, "'....., t;1'i ~:l Z'" r.:l..::l~..::l ...'" -'" H"e. e.o:o: e.;lJ;lJ a'" .." ..:lo:r::oo "'~gJ Z'" '" E-4HHI-I "'''' Z... 0...'" OHH 0: 0 '" .",,,, "'''' A'" H.... "'0 zr...r...rz. i'il'" 0'" """'" Ul.... 0...... "'e. "'''' ~CI)u::t:::t: ...ue. e. "'''' .." 0 H '" '" '" 0 .., '" z 0 .... " '" ill '" " ~ !: '" '" U Z u.... Z H ... " '" ... 15 U ~ H "'M '" e. Z 0 0: j j H 0 >!! "0 > " H .., .., .., .., .., .., "',.. '" ~ " :ij'" ~ ..'" o o "N ... ..."" Uo ~ '" o .. '" .., " . .... .... ." "' .... o . .... ~ '0 . -" o '" " '" ...'" "'''' " .. "'.. :;J~ H.... U :ij.. Z'" H..... "N H U..... "',., ",0 '" Z H .., o H I""lNM..,.LIl NNNNM 00000 OOCOO 00000 CDCDlXlCO(D NNNNN \0\0""1.0\0 '" ..... .. .. o '" '" U H o 50 H " H .. .., U ... ~ o U U < .. " ~ .. OONOO MMo!'MM MM~MM 00000 MNMo:I'O'I l.I'IO\l.lI..so"" .........-10'10'1 ..,...,...,."""" r-lMM......N 00000 1""Ir-l....\D\D '" ~ ... ~ o U U < zz ZZ 00000 ~~ ;:H::~:i! <<oorC.cCf-t E-if...q:::! E-q"oj 0 ~~O~~f-l 00...:100 0. 0.........0. 0.. a: tf.Itf.ltIltlltJlO ~~~~~~ 88~E-q....> . ... ~ o ~ OIDOOO\D U'lM.-lU'lU'lO'l I.DNM\D\D"" HH .. z o H ... '" "'H ~5 Z'" '" "'" o " z '" :> e...q..q..q-tf.... t!H!i ~tj~ :E:i::E:E::E: l:.:l[.:ltrJt.:lCrJ tl]tI}CI):tI]tIl g;g;g;g;g; lDallI1ltllXl Z::E:E::E::E 1-11-11-+1-11-1 l:.:ll:.:ll':Llt.:lc.:l .e::e::a::c::o:: o t.:lOOMtzlCrJ :i!tf.ltlltIJtf.ltIl oo~~E;j~~ I-JPoo.o.o.Q" .....""""" !r.:Ir.:ll:z:ltI:Jt.:l 8 " .. o o o o ,.. N '" .-I<DOIll\DO"\t"'- .-10....0000 0000000 0000000 0000000 r--r--t"'-t"'-r--r--r- NNNNNNN \D\D\D\D\DI.O\D .., '" N ,.. ,.. MCDO\....O'It"-N MU'lOOOo:l'O\ CDM""'LIlOOU'l NMMM..,."""" O)<XIa1CDCD(IICD H o ,., o o H ,., .. H o H 0000000 .-1.-1.................-1 NNNNNNN . . . . . . . 0000000 U'lU'lU'lOOt"-Lll NNNNN....N O\O\O"\lIIU'1MO\ ....""..,...,...,...,...,. . . . '" '" '" . r--r--r--............r-- "",..,...,.oooo:!' ..,...,...,.............0:1' '" '" U ~ '" '" OOcnClltIJtIltlltIJ rz:lc.::ltz:lr:LIr:.::ll':llr:.::l HI-lHHHHH ...:l...:l..J..:l...:l..:l..J 0.0.0..0.0.0.0. Codl"l.. 0. 0.. 0.. 0. ~~~~~~g~ ... 00000000 ZZZZZZZf-! ~~~~~~~g ~~~~~~~~ 0000000> . ~ o H '" '" '" .. o '" '" o o N '" 00l'"'ll'"'l.....~l'"'l~ CO NIIl Nalt"N III ~t"IIlO'lI.O~NO O'INN~N 1.00'1 ~ M.....O ..< '" ... " '" ... " "''' "'''' H" '" 0" ...0 ~~ 0" ~':' ..,'" '" "'" o ... o '" " '" U Z'" 11I~ 0:: tr.I ~)-I l1I P:: < "' '" ~z",ll1!5 " tJic.i~~~ ~ ......ta.,cCllol1l tI))-IZ ~ t;~c~~ C ~ .:ij ~... ~ P:: tJ:EttI l1Il1Itr.I~)-I~~ ~:EE5E-t5~~ tr.Il1I~l-4l11)-1>t,cC crr..Xltr.l::E:OoO~ ~ Z '" " O'I\Dt"crlO'lONl'"'l~""'IIl\Dt"al l'"'lNNNNl'"'ll'"'ll'"'ll'"'ll'"'ll'"'ll'"'lMl'"'l 00000000000000 00000000000000 00000000000000 crlCOa)alalCOCOa)CDCOa)alCDCD NNNNNNNNNNNNNN \D\DI.OI.O\D\D\D\DI.O\D\D\D\DI.O NI.Ot"\D\DlIlI.ONNt"NNr-I~ t"lIlt"'ll"t"lIllllalalalNMCOO o 0:1'0:1' 1IlU'l \D\Dt"t" t"CO CO CO 0 NNNNNNNNNNNNNl'"'l r-Ir-Ir-Ir-Ir-I.-ir-lr-lr-l..............r-IO'I 00000000000001ll l'"'lOMOO.....OOOOOOOM N.....NN.....N..............................r-IN NNNNNNNNNNNNNN 00000000000000 1Il00\Dl'"'l\DlIl~OllllllMlIlOlll O'IO'Ia'\~a'\O\a'\""'NO\'ll"a'\NO\ ...............O'I....O\r-IMO'IO\O'IO\lIlr-l ~~~~'ll"""0:I'''''~''''''''~~'''' ..........r-I...-4..... Nr-t.....t"N..... N.......... oooooooo~ooooo .............-4\D....t"...........,.t"\Dt"........ ~ ~~ ~ ~ tI) tI) I tr.I tr.I l1I l1ItIl l1I ril )-I )-Itz:l )-I I-t ~ ~)-I ~ ~ OOtl)o..~tr.lo..tr.ltr.ltI)tr.lCIlCllCllO" 0.. l1Io.. 0. III o..l1IWW 00 III III III 0.. ~)-I~o..)-I~)-I)-I!-II-4)-1H)-I~ tr.I~Cf.l~~Cf.l~~~~~~~tIl 0. tIlo.. 0.0.0.0.0.0.0. .0. . .0.. .0.0.0.0.0.0.0. . E-t~E-tE-t~E-tOOOOOOOE-t...:l ZCf.lZZtllZtllCf.lCf.lCf.lCf.ltf.ltllz,cC H )-IH H HE-t gi1!ggi1i1rH;:i1i1:H~ ......H............H......HHHHHHH...... O::E-tO::O::E-tO:E-tE-tE-tE-tE-tE-tE-to::o: :<~:<:<~:<~~~~~~~:<g llol1llloo..l1Io.l1Il1Il1Il1Il1Il1IOOo.z 1110..1111110.1110..0.0.0.0.0.0.111111 Ct:OC:tO::OP::OOOOOOOO:> . N....~.....Nal""O\O\l'"'lt".-Il'"'lO"" t"N\D.....OO\t"O\O\\DlIlalNNal OMONt"""Mt"t"NO\O\\D.-It' r-I ....r-I..-l .............. N III H :;J H '" '" ~ '" < o '" '" '" '" 0 '" '" '" '" " 0:: ,cC 0:: O::{I] I-ICIlE-t tJ] al r1I>too ,cCe-. III :E:E =1110 fisC ~~ ~~rr."oo~:.t:~ 0:: al ~ t1l:.J "'*' rz.. !ldil ta. 3: III Xl UE-t1O 0.1-4 E-tU OC H O::I1ICC,cCZIi:1,cC ZZP::al...:lOgHHo.>::O:06:l 01-l,cC0 ...:lta.i!oo 0 tJ ;~t1l:g:j~t1l: ~~~t~~~ Q~~b~~~~c5c5~8~~E:: ZttlZOCCIl:.t::.t:o..OoO..,OoE-tta. H ~ '" '" " N H o o o ,.. N '" .. '" '" '" ,., o H N '" N H ,., .. H o .... '" '" H .., '" '" " '" " z ~ OJ '" o '" ,.. ,., H .. ..< .., '" ..'" '" ~~ .", U z'" H::l ..., H", ~ '" '" " '" H o o o ,.. N '" ..,., HH 00 00 00 ,..,.. NN "'''' .., '" " Z H ~ '" '" N ,.. H ,., ,., .. o o N N .. H o H H'" NO N" 00 "'''' """ "'''' .... NN 00 ,..,.. '" 1'i H ... ~ ... '" H " '" '" ..... " '" " o :>H ,'" "'''' "':> H , ..,'" "'0 g;~ "'.., !;!;:;J HH'" i1!i1!~ .......... "''''''' HHO <<0 ~~~ "'''':> . o o o '" mo.. N"'" N"'" N"'''' "''''0 H '" '" " "''' .. "'''' HH "'''' U'" 0: "'''' "'"' H" ..'" " o '" ... '" " ,., ,.,.. .. '" '" "''''H "'...< Z~~ 0"'''' H "ZZ "00 HHH ""'''' ""'''' ~HH "" :n "...... '" ~ " H " "'.. ., 1) O..-iNMo::I'LI)\Dr-- '" .. ..." '" OO'\COt'- 0 ... ... ll'IMNo::I' ... ., 0::1''<:1'0::1'0::1'0::1'0::1'0::1'0::1' ... .. 00 .. N..-I........ '" 0 " NNNN '" '" " 00000000 0 0 00 0 0000 0 0 0 0000 0 ~~ ... 00000000 0 0 00 0 0000 0 0 0 0000 0 " 00000000 0 0 00 0 0000 0 0 0 0000 0 < "0. '" coco co CO CO CO CO CO .... .. "'''' .. r--r--r--r-- .. .... .... r--r--r--r-- .. 0 ... NNNNNNNN " " MM " NNNN " " " NNNN " 0 \DI.D\D\D\D\D\D\D '" '" "'''' '" \O\D\D\D '" '" '" \,Q\D\DI,O '" >0" 0. .... ..... ...'" .. Uo > '" .. 0 0 .. 0. '" " .. " " '" 0 '" '" '" ".... ., ., ., 0., ... 0 .. tI)(I)CIltlltl]CI](I]tI] ., .... .,'" '" 0 '" ., !!J!!J!!J!!J!!J!!J!!J!!J '" ~ "., IDUlO..-i ... , .. ., 0>< f""IUl....N 0 '" .... U f-tf.tf.tE-lE-.Q.04Eo.q-4 "' 0 U'lO'\O'\N 0. '" ... tl]tI]t1ltlltllC/ltl](I] Ql ., 0\0\""r-. ..... ... ~ ., ..... .. ONM(lQ " .. t"-<IION c.Jc.1c.Jc.JtLlc.1l':z:1t.J >< .... "'.. '" COa:JCOI.II " '" .-l\O\OLI'l ~tzJ~c.Jl'>:JtoJc.JtiI ... ., "'., '" ..,t-)~O ., .. NM'<I'O'\ '" ... (I](I)(I)(I)(I)CI]CI)(I) " ... U'> ... ..:l~..:l0'\ 3 ... o::I'r--r--r- .. " ... < tJ .... 15 MMMMMMMM M '" MM M ......-1....0 M '" 0 .-1.-4........ 0 C11C11al(lQaI(IIClJCII M '" MM M COON .. 0 ... NNNN ... 0 MMMMMMMM .. M .... .. ."..,..,.N .. .. " NNNN M U . . . . . . . . U OOOOOOIJlO 0 0 "" 0 0000 0 0 0 0000 0 < ""U"I\Dr""COOO'\LIl 0 .. 00 M 0000 M 0 '" LtILt1ll'1U'1 0 0'\0'\ O'\CI'\O'\"" 0\C'\l " .. ...... .. NNNN '" " '" 0'\0'\0'10'\ .... .. .-1...-1.........-10'\....0'\ " '" "'''' ... NNNN ... " '" 0'\0'\0'10'\ " 0 0::1'0::1''''''''0::1'0::1'0::1'0::1' .. .. .... .. '1:1'''''''''''' .. .. .. 0::1''''''''''' .. .. . .. . .. .. .. .. 15 Ml""l.-l.....-l..-i....O ... ... ...... ... .-I....r-l1""4 ... ... " NNNN ... OOOOOOON 0 0 00 0 0000 0 0 0 0000 0 .. .-Ir-l.-l........I.D,-I"" ... '" ...... ... .-l....r-Ir-l ... ... .... r--r--r--r-- ... . 00000000 ~~.:;-:;- ZZZt!) ... OOtzJtill tIl tIl tl:!tll ... Cl~Ot1l r.:ltz:lr.z:lc.J .-< , , ,., " ., I-II-lHH "' c:r:c:r:cr:H 0 ., ...:I..J~..:l " ., .,., ., 000..:1 ... U ., 0.,0.0..0- " ., "" " ~ ~ ~n: ~ ... ., C.dJ., Cd)" 0 0 ., 00 0 i;; ... :;1000 . ... .. ...... ... ..J..:l..JP " Cl)tI]tIlt1J .... ........ .... ., " ., 0. ... < >0 ~~:l < '" ., 0. " ., tl}tIJ~tf.ltl]CI)tI]fI2~ '" .... '" ~~~~:l ., " t~~~~ " ;\i .... ... .... ~ ., . << <<<<.cCE-t ., ~ .,.,.... ., HHI-lHE-t " HHI-ll-lf-i .c " 000000000 ... ......0 ... :g!;!;!~ " " ;!;!;!;!~ U .... " "".... " ... t " t ., .... :l~~:l~~ngj ., Ql .,., ., .................................... " ... .................................... 15 '" "''''''' '" l:l::C:::C:::C:::C::: " O'i .... l:l::l:l::l:l::C:::l:l:: O'i g;""g;"" 0 ..... '" ..........0 ..... 1-11-11-11-40 ... O'i 1-41-41-41-10 0 ., ., .,.,'" ., <<<<Q .... .... <<<..cO .... U E-4E-4f-oE-<E-4f-oE-4f-tZ ., !;! .,.,,, ., o..c..c..c..Z Il " ., o..o..o..o..Z " u <<<..c<<<<t:I:I " ""., " t:I:It:I:It:I:It:I:I~ 0 0. t:I:ItzJtzJt:I:It:I:I 0 < ZZZZZZZZ> '" 3 0"'> '" 0::C:::C:::l:l::> U u 0 c:::c:::c:::c:::> u . . . . '" U .... oOO'\Or"-O..-fOOlJl 0 0 000 0 0'\0'\0'\0'\\0 0 0 '" lJlNM..-f..-f '" 13 O..-f..-fOO'\O~O'\\O 0 0 000 0 ~O'\O'\..-f\O 0 0 0 ..-f~OlJlOO M . . . . . . . . . 0 ~O'\..-f..-flJlr--r--r--M 0 0 000 '" 0'Ir--r--0'\~ '" 0 '" ~O'\mO'\N .. ;\i ~OOM..-f~MM\O\O .... .... ......" .... r"-MMMO'\ .. .. 0 O'\N'-Dr"-m " ~""'N""'..-fN..-fMm ... '" ... "M ... ... ...... '" ...... ..... .. ., 0. u ., ., i5 ., 0.0. ~ 3 " .. 0.0. ., ., '" tIltlltlltlltlltIJtlJtI] ~gj U<< " "' .,... ~ '" ., t:I:It:I:Ir.Jr.JtzJr.JtzJroJ ~t ... ... tlJtIJCIlCll ~&; .. ... 00000000 .,.. !3:l:l u E-4f-if-if-i " u " Ugggggg ...." ., 13., ~~~~ " 0.'" .. :l 0 "0 ....ii1 <33 ... '" ., ., ...u i50 .,., 0" 0."1.. 0.. c.. '" ~~ [!5 '" .,., " ....'" .."" U" 0. Or.JlJlf-otIJ "0 .,'" '" "u 0"" '" c:::c:::c:::c::: ., i5~ '" gj ~;: ~ - ~~ >0 .. " tlJtIJtIJCIlClltIJtIJtIJ .,.... .... . "'''' >0 HI-II-IH 0 .,.. 0 <<<<<<<< ....., ~i;; ....0. <<<< ., .. 0.., " ... C)UUC)C)t:)t:)O 0.., .....,., .,... 0..0..0..0.. :l "'" ~ ....'" .... :l.;; .... g 0.., 0.0'" ..'" .r.Jr.Jr.Jr.J 0" ).4r.JOo< "'u 0. 8~~~~~~~~ .,,, .,...... <., tlc:::a:::a:::a::: 0. ...~ o::a:::l'.I.o\O~ ...... .,... u... '" ouu .,'" " .,... t" .... "'0. ~~ U ;\i5 '" ...... ., I-qt:a:::c:::c::: :l~ 13~ ~ . . ~.. <., <., <........ <"' rzJCzJC<1C<1 "H [!5 "., tlJE-+E-+E-tf-olf-tE-+E-tE-t ....'" t;~ .....,., ...." j~~~~ ':'15 ....'" 8:l:lffi~ .,... "'" ., ;]<<<<<<<< 0'" 0"" 0" 00. "'" "~ ........ "'0 toJZZZZZZZZ ".. "3 .,0.0. .,,, 00..0..0..0.. ..." "'., ...'" >>>lIc: .." 0 ., ., ., ., '" U 0. 0. '" '" ... '" ii1 " ii1 ii1 ii1 ~ ... .... .... u..... " " 15 !1! 3 '" '" "'M ., ... ... ... ... ... 0 ., 0 0 ",0 > " " " " " " " " " " " ..~ '" 1) 0\0(:0\01"'- .... NM ..'" 00 '" ... '" ~M M~U"IU"IU"IU"IU"IU"IU"IU"IU"IU'l '" NMNNN M MM MM '" M M M M'" 000000000000 '" " 00000 0 00 00 0 0 0 0 00 000000000000 :ii['J .... 00000 0 00 00 0 0 0 0 00 000000000000 .., 00000 0 00 00 0 0 0 0 00 000000000000 .. ..'" '" t"--t'r-r--r-- ... ...... ...... '" ... ... ... ...'" U'lU'lU"lU'lU'lU"lU"lU"lU"lU"lU'lU"l 0 .... NNNNN 00 0000 0000 00 00 00 00 0000 MMMMMMMMMMMM 0 I.D\O\O\DID '" "'''' "'''' '" '" '" '" "'''' \D\O\O\D\D\OID\D\D\D\O\D "'00 '" ... , ....'" .. Uo > .:: .. 0 0 .. '" '" .., " MMalOO 00 '" COttlo::l'U"IU'I ...~ , ... U MMCOCOCO .. MM ........ 0 '" '" ~ .... ....""'00<003 '" ~~ ~~ 00 .. .. '" "0 ~ U"IU'I~""''''' .... .... ~~ ... 00 ~ '" "'~ NNNNN 0 "'''' MM 0 '" .. 00 "M alCO\D\01D '" ........ "'''' .. '" 00 00 00.. .... .........MMM .... "" ........ M .... '" 0 ON " .... .. .., U ... 15 OMC....M 0 .... 00 .... .... 0 0"' 00 NNNNNNNNNN o::I'N.....NN .... ........ ........ 0 00 .... ....0 00 NNNNNNNNNN 0 NNNNN 00 0000 0000 00 00 00 00" M MMMMMMMMMM U . .......... tJ 00000 0 00 00 0 .... 0 0 00 OU"lOOOOOOOOOO .. U"I\DU"IU"I\O '" MM 00 M 0 '" '" 00 o CM.... C 000::1'0'\ 0::1'00 0\0\0\0'\0\ ~ .... 0000 .. .... ~ ~ ....00 ""'.....Lt10'10...N...o::I'......-lN '" 0\"'" 0\ a\.... ~ ~~ 0000 .... .. ~ .... M~ NN........ NNU'lO\ 0\ \0 MN ....o1'o::I'o::I'<lt' .. .... .... .. .... .. .. .... 'ltINo::I'..".."..,.o::I'....O#'.....,.... '" . . . . . . . . . . . . 15 N.....NN.-I 00 ........ ........ .... 00 00 .... ....'" .......................................N............... OOCOO 0 00 00 0 0 0 0 0" 000000000000 .. r--.....t--f"-.-t ... "'''' ........ .... ... ... .... ....00 ..........................-t.....\D\D..-l......... '" :;>~ :;- '" . " " .... " "" '" '" '" ... '" "'''' "'''' .... '" ~ .-< .... ........ "'''' .., .... '" '" .., ..,.., ........ '" .., .., '" o..tIlo..o.. '" ..,.., "'''' '" .... '" '" "'U '" o..~o..o. '" "'''' "'''' " 0 '" '" "'.... '" 0 :>I-lD~ .... "'''' ........ '" , " .... ....> ... tIl..:lClltl) .., "" ..,.., '" '" .., ..,.. .... . '" '" "'''' "'''' '" ... '" "'''' 15 .... .", '" "'''' U ~ ,; '" "'''' ~ '" tI)~~~~~ " ~~~ lillil;l .... " lil;l~ " '" ::i '" .. '" z '" " . ....:lH H....E-t ....... ... .. , .... 0 .<: z 8g~~g " "''''0 ""0 0 '" ~ " ""0 U " Z "''''... zz... .. " i:'itJ... '" ... f-t......I-t........... .... .... ........ ~ 0 , .... rd~rzJr.:1c.1C:rJtrJr.:1rdl't1rdtrJ 15 lXE-to::o::o:: ~ .. ........ ... .. ~ ...~.. Crd~ODDOGODOD :J:;:c2<<8 ....0 ~~g " .... ~...g ES~fS~~~~~~ES~fS 0 "''''''' '" '" .. U ~o..l1lo.o..z '" ......z "'''''' z 5; '" '" "'ZZ C/lQtI)tI)tI)fJ)tI)t'ltl)tIltl)tI) U ooo..rdl1lta:l '" "''''''' "''''''' '" '" '" "'0'" ~~~~~~~~~2~~ .. tIllXOC::O:::> 0 ""> 00> " .... .. 0 OU> . . . . e1~rJ~~fJ~HJEHJ5 ... U"IO\O\OO"lN M "'..~ 000 " ~ 00 00 ~O~ NO"IC'--N.-I<Oo:t<\D\D""MM 15 \DO"IU"lO"lO"l.-l '" 0........ "'~... '" ~ 00 M "'O~ .-IMOO"l\DMmo:t<o:t<CllNN . . . . . . . . . . . . 0 \D <0 I.t'IO m.-+ '" N"'m '" ~ '" '" ~ ... 0 "''''00 \D<OMo:t< ""M.-+N N.-I.-I.-I ::i o:t<MI.t'I<OM\D .... "''''0 "'MO M .... M .... "'000 "'.. "'00 "'''' .... ........M 00 M '" "'~ 0000 .... MM ,.; '" E-i . . . . . . . . . . '" '" .. OE-iE-iE-iE-iE-iE-iE-i8E-iE-i ... '" ... cr:OOQQCCCCCC '" .., .. "'z ucr:a::cr:a::cr:a::cr:cr:cr:cr: U "'''' .., uo ~ i:'i~~ tltlUtltltltlUUtl 0 .. "" '" "'.., .. ~OOOOOOl'l10000l'l1000000 '" 00 "'''' '" ,,'" '" "'... U'" U M " '" """ "'''' ..,.. p '" C~t:Jt:Jt:Jt:Jt:JCJCJl'l' " .... .... :l~.. "'...... !;;~ "'''' ....".. z<<<<<<<<<< '" ..,'" '" .... U~~ "'''' ....z" l'ooE-iE-iE-i888E-i888 ...'" :c "':c " .. '" "'z ".. '" ...... ~~~~~~~~~~~~ "'''' z'" ..,'" , 0"'''' ...."'''' "'.... "'''' "'U "'''' '" .. z 0" "'.. .... ,.U'" .. .. "'.... ....'" ~tla,g"a,a,c.a,a,a,a,c. "'''' 0 H3: 003: "'.. .... ~~~ Z'" ..,'" !a~ ~5~ .... 00 .... ~oorjioo ..... gJ"'~ 0 .., "':i! ~caoot:Jot:Jot:Jt:Jo ;l.;; ... " ....:c ..... ::I", ....'" zzzzzzzzzzz '" !i!!!J~..!!J .. ...'" ..,........ ...u uo "'''' '" Z HHHHHHI-lHI-II-lI-l ........ "'.... ....z ......, "'.... .~~ z U ""'''' tl~zzzzzzzzzz U ::it') "'" "'" ..'" ,."'''' otJtJ ...... ....:c "'.. 00'" a::HtlHHHHHHHHI-lH :i!", ~tf.lt>:1E"'HIl " 1ij!::;: ..'" 0 "... '" u...z ~n;:~~~~~~~~~~~ z'" ~ OOtf.ltf.lOO 1ij~ :i!"'''' 0 .... 0 ~~ "'.... z'" '" oo8g:~(jg: ..,. ..,.., "00 ..,0 "'.., 8:l~ ~oooooooooooooooooooooooo ...., ..'" "'0 "''''''' ..,"'''' z.... ...." uu "',. tf.la::a::a::cr:a::cr:cr:cr:o:cr:e:: "00 0 :c :c :c :c .... 0 .... .. .... .... '" ... !;! ... ... .. '" ... ... u, z .. .. .. " ::i !< ... .. " "M '" 0 0 0 0 '" '" 0 0 "'0 > z z z z 0 0. '" '" '" '" "'0 .,.... ~ ...... 0.... ~U'I\Dr--CXlO\O..... ... M M .. .."'.. ...... '" 0 ., 00 .... U'lLIlU'lLllLllI.t't\01oO .. '" .. '" ...... .... .. .. a z 00 00 00000000 0 0 0 0 000 00 0 0 ll" .... 00 00 00000000 0 0 0 0 000 00 0 0 ~ ,., 00 00 00000000 0 0 0 0 000 00 0 0 "0. a ..'" ........ CXlCllCOCXlCD<DOOCO .... .. .... .. ............ ........ .... .... 0 .... MM ...... NNNNNNNN ... ... ... ... ......... ...... ... ... 0 "'''' "'''' \01,0\0\0\0\0\0\0 '" '" '" '" "''''''' "'''' '" '" ,..... 0. " . ..... ...... .. Uo ~ '" .. 0 0 .. 0. .. ,., ., .. " a., 0 15" 0 '" ........ "Z .. ........ "0 ... 0'" "'.... M'" ., ~t: .,; ...... u '" .. "'''' ..'" .... 0" r--r--LllLl1L1llnLllU'l ... ... .. 00... ........ .. 0 "'0. t"-MLIlLllLllU"lLllU'l .. '" .. .. 00.... .... '" S; U'" f'"-CXlOOOOOO .. .. ... '" "''''''' ........ '" "'z 00............................ .... '" .. '" ...... "'''' M .... .,.... \O\O\O\O\O\O\O\D .... ... 0 .... 00.. "'''' .... >: .... .. ,., u " 15 ...... ....0...........................-1 '" 0 0 M .......... 00 .. .... ...... O..-lOOOOOO 0 .... .... M "'0'" ........ .... .. 0 MM NNNNNNNN .. ... ... .. ........ .... M M U .{J 00 ...... 00000000 0 0 0 0 000 00 0 0 .. MO 0... MllIM.....OMOO .. .. .. 0 ...... 00 0 0 .... 0.... ~N~O'\..LllO"'" .... ... ... .... "''''''' ...... .. 0 .. ....... ..... ....O"t.....M..........NN '" '" '" M "''''''' "'''' '" ... .... "'M ""'''''''''''......'''''''''' .. .. .. .. ...... .... .. .. a ........ .... .... 15 M.... .-ILIl............................. .... '" .... .... ......... .... 00 00 ONOOOOOO 0 '" .. 0 000 .... 0 0 .. ........ ...... MN......-l......-t......-t .... .. .. .... ............ ...... '" .... '" >....> ~ . a '" t1)t1)tI)t1ltlltll ," , .... ., t.:lt.:lt.:ltiltilOO ",.,,,, ,., .... a., .... HHHHHH .,>., , .~ ll~ ,., ~~~~...:l...:l '" .... ,.... ., "' 0. 0..0..0.0..0.0. ., ,.,"',., U 0.. Cf.l 0. 0. 0..0..0. 0. U " '" '" 0.00. .... ... az ::Jt.:l::JDODDD .... ., ., z g;~g; ii; 0 00 C/lt-tCf.ltlltlltl]tI]tIl ii; .... .... 0 "" "'.... ,., ,., ,., .... "',.,'" zz ., . '.t: ooo..lIll1l00tIJOOlil ., 0. 00 ~ .,., '" .... Uo..UUUUUU '" 0. 00 >:>: ~ ., ~ ;;:~~ ~~~~~::::::~~ " " ~~~~ e:e:~ ~ .., ~ ~ '" '" " . 0."''' r... rz.rz.rr..r...rz.r...E--< '" HHH8 """ Z " -" Z 0 ZO OClOOOOOOO " " " .... ~Hg ClIClIO 0 z u " "...." z " t: z z " .,.,,, .... .... '" " .,., " ~~n~nh .... .... ., ............... '" " 15 ",,'" ....~'" ~ ~ ~ '" O::D::D::O:: .,.,,,, '" '" ....0 "00 ..... HHHQ UUO ., .... 0 ""a 0"'0 " '" <<<~ ........0 .. ,., u "'''Z o.UZ &1~&l~&n5tJ~&i z ., ., ., o.d1..0..:;;: ....Z 0 !!l u 00" .,,,,., 0 0. 0. " t.:lfil 111 111 ....., '" .. 0.0.> a"> t:lOUt:lDOClO> u 0 0 a D::D::D::> 00> 0. 0. . . . . . '" '" u u " ....... 000 r"-MU'lU'lIDNN\J)\D 0 0 0 0 U'lOt"-N .."'.... 0 0 15 ............ 000 l"'-M""''''''''O\O'I'''''r''- 0 '" ... 0 NO"",r-- "'...... 0 .. 0 M"" 0.... .....lllUlCDCD\O\OCD"'" 0 .. .. 0 ""',.,.....(11 ......'" 0 .. ~ ....... 0....... '" ""'''''''''''O'IO'I<QIU'I 0 ... .... M r"'''<" "'" .......'" '" 0 0 '" .. ... ....... .. .. .. .... " " " " '" "' ~H; a" '" '" z "'z ., .. o.~ .... u.... ~ u' a 0 " ,., z" .... " , ,., " .,.... u ....z 0. " , ., "~ .... ~" .." .... " " >: OS ",.,., .,., '" .... .... ., ~llll UCIJ<t1lf.'ltl]OOt1ll'JJ z,.. z ., a., ........... '" 13~ ~ "'" ",., ZQf-4QQQQQQ ou z.... 0. ...." ....0 ".. ou 0,.,,., :~~~~~~~~ ....., 00. OS ..a .... "'z ,.. .. Z 0..... " "'" 00 "''''.. 00 ........ .. "'.. 0 " 00 .. u,., ~~ ......... ".... "'>: ... .... "0 >:zz u ., "a '" 0 uo(o(Ct: ~~ 0" " ~.;; " zz 0...... HCI)D::t1ltllCl]cncntfJ ....~ 'f;; ., "" 200..0.0 "" U 0. .... ""'''' :Ctllo.t1ltlltlltlltlltll a ~~ HOOt'ilrz. .,,., ~u .,., ........ .,.... ZU "'........ 0.., t.:lt.:lllJr.U<1t>:J llo 00 "'.... "'''' g~ 15" u ~fl "'........ ", , ~z:w::zzzzzz "'"' " u> >:'" ., '" 0'" ll.. ~g U.... HUHHHHHH a 0>: ;2>: " D::t>::lfz1tIJ "''' ~., " z" "'''' Ot1l0tllt1ltllt1l0'}t1l ~~ ",., ~1:i ....0::0::0:: ..'" ...." Z'" ., ~.,., "'MM OE-tOOOOPO 0..... "'>: E-t............ .,z o~ "'z ......... "'a "'''' "MM Oa1tJla1a1a1IX)l:Q1X) .. .. z>: """ "'.... "I>l ..... 0 .... " ... >< 0 0 ~ '" .... a " >: '" " ., .... .... ~ U ~ u..... z '" I>l ., ., 0 ~ " ,.. '" "'M '" 0 '" '" '" '" ., 0 I>l ., " ",0 > 0. 0. 0. 00 00 '" '" '" '" '" 0:.... Ol.... 1) .... .... N M ~lI'l\Dt"'" m r-lMM""lI'll.Ot"- .-tNM....O"I Ol 0 '" '" '" Lnll'lll'lll'l '" NNNNNNN OOOOU'l 0 Z 0 0 0 0 0000 0 0000000 00000 :i!~ .... 0 0 0 0 0000 0 0000000 00000 .., 0 0 0 0 0000 0 0000000 00000 < .... 0 m ... ... ... r--l"'-f"-r- ... """"""..........,..... Ot"'-r:--t--r-- 0 .... M N N N NNNN N MMMMMMM ""MMMN 0 '" '" '" '" \D\DID\O '" \D\D\D\D\DI.DID \D\D\D\D\O "'N .. .. ..... ....'" .. Uo > .. .. 0 0 ... .. '" .., Ol " " U 0 .., \D\D\D\O 0: ~ MMMM Z" 0000 0"'< 0"10\0'\0\ tl}tI)tI}tIltl}tlJtI) ~Hl~ ..... MMMM .. !!l!!l~!!l!!l!!l!!l Ol < .. ... 0,",'" U g ... .. '" 0 E-iE-i E-..q..q..q.... 00" .... 0 .. '" lI'lll'lll'lll'l ... tIltlltllt/lOOOltJl '" "'... 0 0 0 .... MMMM M ...... .... ;;; '" '" '" 0000 0 Q:1Q:1p.:Jt>:Jtt:lQ:1Q:1 o::rr..~U'I ;j '" .. '" 0'10'10\0\ m t.:I tl:J Q:1 t.:l t>'::Ir:rJ Q:1 O~~~ .... 0 M N MMMM Ol tl}tI}tIlrllCllUltll " .... :l U .. 15 ... 0 .... .... \D\D\D\D .... .........-I..-i............ ....MMMM M .... 0 .... 0000 N NNNNNNN U'lMMMM 0 M N N N ..,...,.""'..,. N MMMMMMM M..,.......,...,. U . . . . . . . U 0 0 0 0 0000 0 OOOU'lOOO ONNNO < '" 0 0 '" L/l""I.Df""- '" ""'LIIIDO'Il'-OU'l .,,000.... .. .. N N .. a'la'l0'I0'I .. O'\O'IO'IO'IO'INO"I ..,..-+.........0\ .. '" N .... ..........-1..... .. ........................lI'l..-i O\\D\D\D.... ... ... ... ... ..,...,...,...,. ... """"..,.""..,...,...,. ""..,...,...,...,. 0 . . . . . . . 15 N .... .... .... ..........-1..... N .................-l..-lr-t..... ...................... 0 0 0 0 0000 0 0000000 00000 .. ... .... .... .... ...........-1..... ... ........-1........-1...........-1 ID.-l............ . '" :;- .... Ol '" .... .... Ol .-< .., t'ltIJtIlCll .... "' .. r.Jr.Jf>:Jr<:l .., '" .. Ut,JUU .. CIltlltllCll '" Ol "' '" HHHH .. ZZZZ 0 .... '" Ol &:&:5:ii: "' 0000 Ol .., .... '" HHHI-l . '" .. Ol .., Q:1rz1Q:1rd ~~~~:l .... z .. U .. tl)tI]CI)tIl ,.; , Ol Ol "' .... .. ~~~~~ :l " ~ U '" .. ::> z E-i E-< E-.,q... . .... .. '" .... .. tltlltlltf.ltllE-i -" Z .., " 0 ~ Q:1tt:1CzJt.Jr.JOOOOQ ZHHHHO U Z " tttt.. ZZZZZZZE-t HOOOOE-t '" ... Ol .... ~ Z ..... 0000000 :I:t.:lt.:lr.:l11l 15 .., .. .... ;:i;:i ;:1;:1 ~ 0: ::r::::r::::r:::r::r:::r::::r::~ tIl~~~~~ U ;:i :i! .... p"p"p"p"p"p"P,,0 H............................O 0 .... Ol (--if-q-q.... 0 < ootzloooo 00 ootrJO ..:ItIltlltlltllO U " Ol Z Ol 20202OZZ .. ..:1..:1..:1..:1..:1..:1..:120 ~tz;loooooo2O U Ol .. Ol .., 000000 Ol 00000000 OOootz;l 00 000000 < > 0 " U UUUU> 0: E-tE-tE--oE--oE--of-iE--o> P"OOOQ> . . . ... 0 ... 0 .. 'lI"'lI"lI'IOM ... lI'I..-lMM..-l..-ltON 000000 15 0 m M ... NlI'I....'lI"M ... NMI.DMN\D~M MOOOOM . . . . . . . . 0 0 .. '" '" lI'I'lI"OOO ... ......-l 0..-l0"lt'" to 0 lI'IlI'I lI'IlI'IO 0 ~ M ... .... '" ....'lI"Mt"'1.D '" Mo::l't"'NlI'IlI'I..-lO ..-lMo::l'tOo:t'N m MtOM..-l1.D .... OMlI'I..-l ....M ........ ... .... .... N "'... '" ..,'" Ol m ....... Z " m 0 0 ~~ .... "''''.. .... " " . .. ....'" ... 'Z U '" <~"'Z ;:i U.... "'U .", Zo: Z f-i t;Hr.:I Z> '" "Ol ....Ol 0 o "'... " ......, ,..,.. ...... 0000 " .... "'50l0l~'" Ol Ol "'.. ".., ZZZZ u:i! E-ttlltlltI'JtIltlltlltll trJ tIloo H ...'" < _" 0 .. H H H H tJooootzll::l:lOOr.:lOO 2 20::00 "'''' ...'" ...'" "'U "'.. :i!:i!~:i! "'" UUUUUUU ZHHf-jUCzJ ,.. .. Z 00: Z '" tli " HHHHI-lHHH H 0 I I ~ "'.. 0 "'Ol Ol'" ~:l oooordoo Ol'" ~~~~~~~~ :&0000000 N .... Ol,", B "' ..:1..:1..:1..:1 "'Ol ~<5~~~~ :l.;; ... ZU ""Z 0" 5!UUUU :.&; :&00000000000000 .. Z.... ""0 "'0 OZ ~tIltlltlltlltlltI'JtIl oooE-tE-if-ic. ........ Ol.... ....... "' "'.... 0:"" Or.:lOOOOril "'.., 0 " .... U ~5 "'" 2'~ Ill'" ..~ I"JUUUU lJMtrJtrJoorilooril )iOOOriItillJ :i!.. .... .......HHHI-I ....., ZZ2OZZZ2 E~~n~ z'" ..... < 0:0 0:0l tIl~~~~ 0:0l f.tOOOOOOO Z" Ol 00 0l0l ['j~ 0.., ~~~~~ 0"' tIl:t::r::c:r::c:r::c ......... 0:0 0 "" ....U 0000 .... ooP"c..c.o..o..o..c.. o:::ctlltlltll:E "N 0 Ol " Z 0: '" '" Ol .... 0 ~ 0: .... Ol ~ > U..... Z 0 0: .. 0: '" .... O:M Ol ... ... ::> Ol 15 ",0 > '" '" '" '" ... ... "' "'.. "'0-< i3 '" " '" ~['J H .., .. .... " 0 H 0 >0.. .. .. ..... H ~ .. UO :> .. .. 0 0 .. .. ~ .., " '" U H 0 ~ H '" H .. .., U .. !3 0 tJ .. .. " !3 .. . 0-< 0-< ... "' '" 0 . ~ 0 '" '" ~ . -" 0 '" .. !3 0 ~ U '" U .. .. 0 0 0 .. 0 " !3 ~ '" .. 0 .. '" ;;;j ... H ~ '" .; .. ~ '" " '" 0 U '" '" '" '" .... "'~ >0 .. "'''' .. :l.;; HO-< U ~'" "'''' H..... .... 0-< U..... "'M ",0 '" o H .. .. "'H ;;;j~ "'''' '" "'" o " '" '" :> '" :l .. o .. .. '" o .. '" '" 0:" "D >< 00. 00. ~tJ ., "0: o ~~ ....'" 00 ~ <110: 00 ~.. 0,," ..,.., DD " ., "'0 <110 ,.. .. <II'" ~~ ....... o ~.. "'" ...., ..'" ... U, O:M ",0 . .... .... .~ "' '" o . ... ~ '0 . " o <II '" tJ ., 0: o ?J .. <II ... " ., " ., OJ !3 "' OJ .... o NM~~~~OOO~~~ON~~~OW MMNNN~oo~~m~mNO~NO~ M~~~~Oo~~~~~m~~ONom N N~~~O~~~~~ mo~~o~ N ~M~MNMNMMm ~~~~~O M .. '" .....-l \"II (I) ,; N " o .... ... 0. .... 0: U OJ ., o ~ 0 OO~~~; ~~O >rs.0\CJ\...... oE::(aof5 Ocr: CJ\O\QC f5~f;lrs. 0 ~~e-:""""~f5 rr.,HU. Z ~.rz11t1li.r,.,.cnrz.."::l ~~> ::> t?O::~OO""tI)?i 8E-lZ<3 rs. ~~~~~lt:rr. ~~~~ f;; ~~rs.~~~~~o8cr:~0:: ~c o~~Oltlltl~gt::~CI] .t/.l:> e;~ ~~5~~~ltI~~rs.~~~googrs.o .. .,<.,.,.0....... 0"" 0. Z Z.,...?J 00 U~~cr:HOZ~~~~~~ ~rs. ~O~H~~U~M~ ~MHrs.rr.~O t;!~~~~g;;::;tr.1c~~8E; .cr:p::~:E~ WHHE-lcr:cr: ~~H~Icr:ZWtr.1~~cr: ~~~~~~~~~&~~~~~ffi~~~ OCUUHH~tI)~tr.1~~H~3t1)Ucr:tr.1 o ?J .. ....~~....~~~N~OO~O\........NNMM ON~O~~.OO""N~O\OOOOOO ....NNMMMM~~~~..~~~~~(I) o '" .. ,.. '" .. '" " o ?J .. .., ~ ~ o ... 0. tJ ., 0: " ~ "' " ... " Ol " ., " !3 "' " .... o ., ~ " " ~ "' o "" .. ,.. '" .. '" " " U ., :c U ~ ., " ., D ., :> .., "' o "" .. ,.. '" .. '" " " ~ "' .., ~ ~ g ... " Ol " ,.. < 0. 0: o .. o ., E; 0: 0. 0. < o ~ o ., '" ., ~ 0: " < 3: ., .., ~ ~ 0. " .., .., .... "' .. o ... " .... .., D " .... o ., o ., '" 0. ., :c ... ,.. "' o ., E; 0: 0. 0. < ., !< o = 1~! ~ --- f .__J "'\ ~ "'''' . . . . . . "''' . . ,.< . . 00. . . "'" . ct . ::!'" . . i) . . . . o.u . . 0 . ~ . 0 . . "N . . ,.. . . H'" . . uo . . :;- . . . . ,,'" . . HO 00 . . 0.... "'.. . . u 0'" . . ..,.., . . " . "" . . . . ,.. .'" . . z C'" . . . . . . '" ._ 0 . . " .., . . . . '" . . " . . 13 H . o:lCOIXICD'" 0.'" . . '" .., . . " . CJ"lO\Cl'IO"I. H . . " . . . . U ... . ................................ '" ." ... . . '" a. .- . . ..... '" '" . t't"'-t"'-t"'-. ... . . ... '" ... . . ..... ... 0 . ........-1......... M '" "'''' Oz . . 0 E-ttl]E-t~ 0: . . . ZE-tZtJ ... . ........................... ... CzJZOOOO ~ ~ . . :EC<J:E:I: . '" . . C<J:EWt) ... . . MMMr'I. ,.; "''''''' C -" . . ~o::O::~ .- U . . z ::>::>::>< ~ '" . 0000. '" ~a:1al::> 0. . . " ,.. CIltl)C1l~ . . " Z H H H e . . . . . . 0 '" """ ~ . . u " 0 . . . . . . " CO<z:lCOCD 0. . . 0 O"IO"\O\CI"\ . . u ......................... . . . '" l"r-r--Ln . " . . '" ~ .............0 .- ... '" . . ... ....................... 0.0 ,..'" . . ... MMMM 0 "'M . . M " 0000 ., u ,. . . C 0 . "'... . . 0 MNl.tIt'- C '" .. . . .- ~lI)l.tlLn 0 '" :;2.:; . . ... 1001ol:>1oO\,Q .- ~..... . . u .: ' 1'1 ... .... H ... . . . " co CO to CO U C'" U . . ... :> H O\O\Cl'IO\ ~C"'" ::!'" . . . 0 , 0'\0\0\0\ ~'M . . '" '" '" l'"'I............ "''''0 Z'" . . " 'J r--t"-t"'-Ln . H..... . . ... .. ...............0 C '" 0.... . . ~ 15 l""IMMM H"'''' ... . . 0 ,.. 0000 0 U..... . . a. '" < COCZ C'J "'M . . . " ~ "'0 . . . . . . '" '" "'... Ol i3 Ol ... N 0 0 " Z 0 0 ~~ ... 0 0 ,., 0 0 '" ..'" " N N 0 ... '" '" 0 '" '" ><N '" f< , '" '" ...'" .. Uo :;- '" .. 0 0 .. '" '" ,., " Ol U ... 0 !!; ... " ... '" ,., U f< ~ 0 U .U '" .. " ~ .. . ... ... .- "' .... 0 . .... Ol ~ 'U ~ . -" Z 0 " f< ~ 0 U U '" " Ol f<o ".. >< .. "'... .. ,., .. ",... ...... U ~.. zm ..., ..... ... U, "'... ",0 ... ... .. f< Z " '" ... '" 0 0 ... .. 0 0 '" '" " N m m .. .. 0 0 N N .. .. '" Ol '" U Ol ... U ~ ... Ol ~ '" Ol '" :l :l z 0 e ... t; '" '" '" Ol '" .. f< 0 Z '" 0 '" U f< ~ o ~ '" '" '" '" '" ... z o ... f< '" Ol'" ~5 z'" Ol "'" o " z Ol :> z o ... u" ;'i~ '" -" Z" o "'''' "''"' Ol'" f<0 Ol'" '" U ..... ,., z"' oe "'''' .. ,., o ~ ~m~~MM~~~~NM~m~~~MN~moO~~om~mMNMMMN~Mm~~mo MM~~~~MMMMMM~~~NNO~MM~~MMN~MNNNNMOOOMONNNM 000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 000000000000000000000000000000000000000000 MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~w~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .. .. ~~m~m ~~m~M~NN~MMM~~mm~m~~~~MNMMomMM~~~~mm ~~M~~mM~~~O~~~Nmm~~~m~~~M~mmmmmMm~~OMMmm~~ NNMmmmmNNN~m~~MNN~~~~~OOMNN~NNNmNOONmmNN~~ mm~mmmM~~~~~mmMMMMMMMN~MMOOOMMM~~~~~mmMMMM ~~MMMm~~~~~~~~OOOOOOOOOOOMMMMMM~~~~~~~OOOO ~~NNN~~~~~~~~~NNNNNNNNNNNNNNNNN~~~~~~~NNNN , I , I t t t I , 111 t , , I t I , I 1 , , t 1 "1' , I , , , I , r t , , , r mm~~mm~~~~~~~~~~~~~~~~~~~~~~~~~~~~m~~~~~~~ OOOOOONNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN ~~~~~~OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~oo~oooo~~~moooooooo~oooo~~~oooooooooo~oooooo~oom~~oooo ~~~~~MMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMM f< ~ '" ~~~M~~~~~~~~~~~ ~~~M~~~M~~~~M~M~MMMMM~ M M oo~moooo~oooo~~moooomoo ~mmmoooooo~oomoomoomoomoomoomoooo 00 00 MMMMMMMMMMMMMMM MMMMMMMMMMMMMMMMMMMMMM M M . . . . . . . . . . . . . .. ...................... . . ooooooooooooooo~oOOOOOOOOOO~OOOOOOOOOO~OMO ~~OOO~OOOOOOOooo~~ooom~oo~ooooO~~OOOO~~~~~OOOOoo ~~~NN~~NNNNNN~~~~M~~~MMM~~N~~~NNNMMM~~~M~M MM~~~~N~~~~~~~~MMM~MMMMMMM~M~~~~~MMMM~MMMM ~~~~~~~~~~~~~~~M~~~~~~~~~~~~~~~~~~~~~~M~M~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MM~MMM~~MM~~M~MMM~~MMMM~M~M~M~M~M~M~MN~~MM 000000000000000000000000000000000000000000 ~M~MMMM~MMMM~~~MM~~MMMMMMMM~~~MMM~~~M~M~MM Ol Ol Ol ,., ,., ,., "' "' ~ ~ ~ :> ... ... ... Ol Ol Ol U U U Ol Ol Ol '" '" '" UUUUUUUUUUUUUUU~UUUUUUUUUUUUUUUUUUUUUu~U~U ~~~~~~~~~HHHHH~~HHH~HHHH~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~t;t;t;t;t;t;t;~~t;t;t;t;t;ot;t;t;t;t;t;t;t;~t;t;t;t;t;t;t;t;t;t;t;t;t;ot;ot; ooooooooooooooooooooooooooooOOUooooooooooooooooooooooooooooooooooooooooooooUOOUoo ~~~~~~~~~~~~~~~U~H~~HH~~H~~~~~~~~HH~~~UHU~ 000000000000000000000000000000<00000000000000000000000000000000000000000000<00<00 o o '" '" '" ~M~NNN~m~oo~OO~~NNM~~~m~NM~N~~NOO~~~N~~~ommM~ ~~NM~N~~~~~~~~~~~~mMM~~~M~~O~~~NM~~~~NMM~N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NM~OOM~~~m~oo~~~oO~~~~~Mm~N~~~~~~~~MMO~OO~M N~NM~~~ ~~mm~~M~ ~~~~M~~~M~MO~~OMm~~~ OMM M ~ M M M MMMM ~NMM ~ ...'" ~ ... "'''' ~~ "'" >< ~: e,", t;gJ "'" '" f<U "'... ,., 6~ ... '" Ol ~ '" N # 'M# 3: c.. 'Z ~# Z ~ ~ 3:0 H H tI1 . c.. Q 00 . ~ H ~~ ~ .~g: .'~C~ ~~ Z~ ~ ~< ~H U~~OOOOOO3:~~Z~ ZOO ~ ~ OO~XX < c.. ~'oo~~~~~ .~~O 3~ ~~~ >tI1~~ ~ ~ ~<~ ~tI1c.. <<jZ~ ~oo 0< OO~~<~ ~ ~~ ~ :5:00 ~ ~~~ ~. .~H~ '~~X~~t:;~~ Cl~~ c..c.. g5t~~ o ~ tI1 ~tI1c..~c..~~tI1QaQ~HH~~tI1t110<~ <OOH tI1t11t11 ~ ~~ 8~~~~~~ ~~tI1~tI1t/1t11S~~~Ua~~~~~~c..~o~~a~~~~~H~~~~ U~~~~O~ ~~~~~~~U~~~~~~M~xu~~c..H~~~~88B~~~~~~ ~3:<OU~< ~~atl1~oo~ mo~~~~~ QOO~O~ UH~~~~<< ~U~~Z~~t/1u~~~u~~z~~~~~~z~~~~~~x~c..~z~~~>~~Hcia t;~ 00t/1 ze::OO::Eoo~~ltl~:cx:r: r:C 0 tz:Ioof-<:r: O~tz:ltz:lootz:lM I aae::!:t: OOHOOMo<oooo<m a ~~0~~~~f-<~tI10~~tI1~tI1~ltlO~QOOooOOO~zz Hro~~aoo!:t:!:t:Q::E~e:: oo~~~mmOM~m~~M3:~f-<OOoo~Q~~e::~~~~~~ oo~~~~~~~~~2~5~~~~~~~~~~~~oo~~tI1~~~c..~t:;t:;t:;~~~~t;t ~ o ~ "'N '" i) '" t'-\DUlU'tC\O....N "M "' '" t"-COO"lO..-lNMo:t' " "' N "'.... '" OOMOO-4.-1...-l 00 0 0 OOO.......-i..-l.......-I 0 " 0 "" " " " 00000000 00 0 0 00000000 0 0 0 00 0 :i!'" " 00000000 00 0 0 00000000 0 0 0 00 0 ~ '" 00000000 00 0 0 00000000 0 0 0 00 0 ..'" " MM,.,,..,MMMM NN N N NNNNNNNN .... N "' NN N 0 .... ~~'<l'''''''''''''''''''' "'"' "' "' I.llUll.lll.l'lU'll.l'lLflU'l "' "' "' "'"' "' 0 \D\D\D\D\D\D\DID "'''' '" '" ID\DID\DID\D\D\D '" '" '" "'''' '" ,...... '" " ..... '" ...."' .. Uo :;- '" .. 0 0 .. '" "' '" " IDCOOMO"IU'tIJ1U't ,.: .-4\DCDt'-IDMMM co CO NN 0"""""" !il ............""'M............ OCMf"'oOMMM '" '" NNN..-lNNNN "' '" " , I , I I I .. .. :l U COCDCXlCJ\CT\a\O'\O\ "N M .... NNNNNNNN M M ,.: ,.: '" .... .... 0 00000000 "'''' N " '" S; \DI.O\D\D\D\D\D\O "'''' !il !il .... '" '" (1)(1) (I) CO CO CO COCO .... " " '" .... MMMMMMMM 00 '" '" 0 '" N " .... " '" U " 15 ..................-1......-1..-1 "" '" '" .. """"""'<2' 0 M 0 " " coco co CO CO CO COCO 00 0 0 0 0000 " 0 .... " 0 0 MMMMMMMM MM .. .. M MMMM "' M "' '" M .U . . . . . . . . U 00000000 00 0 0 M..........-lO""NO 0 0 0 "0 0 " 00 000 0 ",,"f"'" 0"' "' "' .... 00 0"""""" U1 "' "' "' 0", "' .. '<l'C"l""N'<l'N0'10'\ NN N N IDOOO\D\D\DN N N N ON N O'IU'lO"ll.tlQ'lU"J........ "'''' '" '" ....NNN..........-ia'l '" '" '" N'" '" " """"""..,.""..,.""..,. .... .. .. '<I'NNN"""""""" .. .. .. N" .. 15 .-1......-1..........-1..-1.... "'''' 0 0 ....MMM..-l......-ll'" .... " 0 MM '" 00000000 0'" N N 0000000""" .. 0 N 00 '" .. ID....\D..-lIDrl...-lr-i "M .. .. ....o:JCOCD..........-I'<!' .. .. .. "'''' .. . '" """ " !;: .... """ '" .... ann "''''''' " '" '" .~ "'''' " '" "''''''' , '" '" Ol UU '" '" '" U ........ U U '" .... .... ~&: .... .... '" 6: 0 > 6: "''''''' " " '" "'''' '" "''''''' .... " '" '" . "'''' '" '" ::J::J;j! " '" ;j! '" .... '" " '" " " " :l :l:l:l ,..,..,.. :l '" '" ;;: ~ :l '" " @ @ """ H . " ti """ "''''''' " " " '" " " " 000 0 " 0< 0 0 u UUUUUUUUE-t ....H" ti ti )o4t1l:tIltll:)04>o><><E-1 H '" "''''' H '" " HHI-II-IHHHH "" IIlf-lE-tE-tc.:ltill1lli:l " "" '" !5 e::e::e::e::e::e::e::e::e:: "''''''' ;:j ;:j ~~~~~iHl~i3 S '" ...."'''' '" titititititititi8 "''''0 U "''''0 '" 0 ...." " " 000000000 " '" H 0"''' .. U li:lli:lli:lli:lc.:lrs:lli:lli:lZ 00" " 15 ~~~~~~~~ffi :i! " .. "''''' 0 U ..:J...::l..:J...::l...::l..J...::l...::lli:l "''''''' 0 0 .. "'''''' '" " li:l1llli:ltdWli:lli:lli:l:> "''''> U U .:e 0. CO <..:e.:e< > '" U 0 "H> '" . . . . " co 0'1 NIDl"'-1J'I \D.....O 000 0 0 OOOOOOlllOlll '" .,. 0 .,.M.... 0 15 I.OO'\.-IOMO'\~I.OO'\ 000 "' " OOOOOCOlllMllI '" " 0 ""'M .... . . . . . . . . . . . . . . . . . . 0 r-[,""O'IOlllllll.O.-I~ ",",0 .... .. ~CO~\DI.OCOI.O.-Io:l' " '" 0 "ON '" ::i " .-I.-4I.OO'I~\D\D NM'" '" N LllMalMM\DalOO'l '" "' 0 M M " " ON", MOM 0 LllLllMMMMO'IllIaI N M 0 " " '" " ..... ""N " "'"0 0 N 0 "' " " " N " '" ." tIltllXoo " '" "" u " " " '" 0"'" "''' 0 0 0 '" '" '" :J:DE-t . "'''' H H '" H 0" '" H o..HH~ ....UU '" '" ::i '" !;; "'''' U "'" ::i::~Utll "'H.... :i! ':i! ,..U u'" H "'" " "'>> H '" :i!;: U "'" 6: "'''' Coo' , , "''''''' '" ~~ '" " H "'''' " ~ ~ i ~ . ""'''' " '" "'" "'''' 15 " '" '" ...."'''' '" ....'" HtIltlltlltlltlltlltlltll ~8 "'" "" '" "0 0", ..."'''~~~ " :i!", 3:0000000000000000 0'" " "H '" "'.. 8~Zo.~tIlggg 1ii:l:l .", .......UUUUUUUU U " '" 0'" ,.. .. " U'" ,,'" .HHHHHHI-4I-4 u" ,,:l 0 "'''' 0" "'.... 0 C11::E Odd tIl tIl tIl "" "'" Uo: u>>>>>>>> H" U 0 "''' .. .... ~~:i!~,,:l1J1J1J uoo HO "'0 OO::O:O::O::~O:O::O:: 0:0 "''' ..'" 0 :l;; " "'HH '" "'" tIlooC1100000000CsJOO .....H "'0 D OU "'H '" e::O...:l E-t:>O::O::O: ""'''' tIltlltllt/ltlltlltlltlltf) "''' "''' '" ~~ H.... "'.... ti[;;" ..'" UUU "''''' "U "U " ~tJ "'" " ,,~'" U ::i5 ".... "''''''' UH "'H ..:l:l:l:l:l:l:l:l '" '" :i!", CsJtIlE-t~OLllLllLlllll ".... "'" H'" "'0 ... Ol ~g!;: .... "" t;1~~~~~::: "00 ,:.~ o ~. ODDDODDO "'''' "'0 0 "'" '" ...."'''' tf.tC:tJC:tJOOOOCsJOOOOC:tJ "'''' '" '" ....."'''' "'" H..... "''' U.-I3:...:l.-l.-l.-4.-4 "'''' ,,'" ~'" Z...J...J...J...:l...J..1...J...J "'''' ,,'" ,,'" ""'''' Ol'" "M 0 ;2 15 '" H '" ~ 0 0 " " " '" '" " U '" 0 U..... " 0 ;:j !;; '" ~ H " ~ U "'M '" :i! 0 '" 0 " U Olo > "' " " " " H '" >: "'M '" ~ m 0 ... ... NM" 00 '" "' ... ~~~O~~~NMM~~O~N~~ '" ... 00 00 0 00"" 0 00 " " MNNMMMMMM~MM~~~M~ " Z 0 0 0 0 000 0 0 0 0 00000000000000000 ::1~ ... 0 0 0 0 000 0 0 0 0 00000000000000000 ,., 0 0 0 0 000 0 0 0 0 00000000000000000 < 0000 " 00 00 00 '" NOON ... 00 " " NNNNNNNNNNNNNNNNN 0 ... '" '" '" '" "''''''' '" '" '" '" WWWW~WW~~~WW~~WWW 0 "' '" '" '" "''''''' '" '" '" '" ~~~~~~~~~~~~~~~~~ ,.." 00 ... ..... 00 ...'" 00 Vo :;- '" .. 0 0 .. ,. '" ,., 0 '" ,..,..,.. ... .. ~~~ .. V 0 ~~~~~~~M~~OO~NM~~ ... m ,., ... 000 0 ,.: ~~~~~~~WW~~~~~~~~ 0 '" ... 00 "''''''' .. ~~~~~~~~~~~~~~~~~ ;:; '" '" , "''''''' ... ~ '" ~~~~~mmmmmmmmmmmm '" 00 m "''''''' .. ... MMMMMMMMMMMMMMMMM ... " .. '" ...... M 00 '" 00000000000000000 " ... ::i V ... 15 ... '" ... 0 0 '" 0 MMM MMMMMMMMMMMM 0 m 0 ... m 0 ... 000 000000000000 0 M M M '" '" .. " MMM MMMMMMMMMMMM .V . . . . . . . . . . . . U 0 0 ... 0 .......0 0 0 0 0 OOOMrlOOOOOOOOOOOO .. '" '" 0 '" 00'" '" 0 '" 0 WOOOOW~WWW~WWW~W~ " .. m " mm" " " " 00 NOOOONNNNNNNNNNNN .. '" '" 0 '" 00"' '" '" '" " mNNNNmmmmmmmmmmmm .. .. 00 .. NNM .. .. .. .. ~~~NN~~~~~~~~~~~~ " . . . . . . . . . . . . . . . . . 15 '" " .... ... ............ ... '" 0 .... m~rlMM~m~romromroromrom '" 0 0 .. 000 .. .. " 0 moooommmm~mm~~~mm 00 .. '" ... .. ............ .. 00 .. .... MrlrlromMMMM~MM~~~M~ 0 '" "''''Z 000000 000000000000000000000000 m V E-< ......'" ZZZ~~ZZZZZZZZZZZZ .... Z ZZ>: 000000<<000000000000000000000000 .... '" ,., '" '" "''''''' DOO~~DOOOOOOOOOOO .~ '" 0 >: '" ""'" '" , I ,0..0.. I It' I I 1', I I I '" V '" ~ V ~~!3 '" "''''''' o::a::tt:c::a::e::tt:a::a::a::o::cr: .. ... ... ... V '" "''''''' , I 0000 OOOOC<JC<JC<JC<JC<JtrJtrJtrJ Ii; Z '" > "''''''' ... '" "''''''' trJtrJtrJCdCdCdtrJtrJt:r:ItrJtrJc.J 0 0 ~ '" >>>: > ... ZZZtrJtrJZZZZZZZZZZZZ '" V '" 00'" '" ,., ~~~~~~~~~~~~~~~~~ . '" 0 '" 00'" '" 00 ~~~~~~~~~g~~~gggg .... '" '" '" 00 ~ '" :;]:;] ... '" :;] f3~Q~ 0 trJtrJtrJ~~trJtrJtrJtrJtrJtrJt:r:ItrJtrJt:r:ItrJtrJ~ " ~ '" '" ~ '" . ZE-< ~ '" Z 1': 1':::1 ti OOO~~OOOOOOOOOOOO~ .c Z 00 ... 0 E-< 0 ZZZ ZZZZZZZZZZZZO U ...... 0 ... 00 ... Z t! Z ~~HOOOO~HHHH~~~HHHH~ '" ... '" 0: '" '" '" ... ~~~~~~~~~~~~~~~~~ 15 "'''' 0 '" OOQ~ " <2 ~ 555~~555555555555~ "'0 0 ... '" ......158 00 0 00'" '" .. " ... ... 000000000000000000000000000000000 V oz ... '" 0 00 00 r:...z ::1 0 Z '" zzz~~zzzzzzzzzzzzz V "'''' '" 0 '" ::>::>tz:ltrJ 01 8 00 oOOtrJtrJoooooooooooow < 00> " '" 00 QO~> ,., '" 0 UUUOQUUUUUUuuuuuu> . . . '" V ... 00 0 0 0 CDa\O\CD ... '" 0 0 ~MMOM~~~~~~N~~~~O~ 15 0... 0 0 0 U')OOIJ1 M ... ... 0 a\~CD~~~CD~~M~IJ1~N~NOM 0 "'M '" 0 0 r--r--~~ m '" " '" ~U')U')MCD~~~U')NNU')N~U')U')O~ ~ ~'" '" m ~ CD~~~ 0 M '" .. N~~NCD~~~~~~CDMCDO\O\OO\ Nm m '" ... " 00 ... M .... ~~M~.-i~""O'\N NO'\~M 0'" ...'" '" 0 ... M M .. '" '" ....... ......'" 00'" ... .. 0 ... ... ... " ... Z '" '" '" 0 " 0000000000000000000000000000000000 '" < H '" trJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJtrJoo V '" "'00 '" 00 '" V uuuuuuuuuuuuuuuuu ... '" Z '" ,., tl ::1 V HHHHHH~H~HHHH~~HH > ... 00 0 ,.,'" < ~~~~~~~~~~~~~~~~~ '" ~ ..i V!; '" 00'" III 00 " '" O'i '" >< ... trJtrJtrJtrJtrJtrJtrJtrJt:r:ItrJtrJt:r:ItrJt:r:ItrJtrJtrJ '" '" "'''' ... z< "'0 ,., '" v'" 0000000000000000000000000000000000 "'0 '" ...'" u" 0 '" "'v 0 ...~ ".. g:;] "'v 15~ ...... ... Z 0 ~~ 8", ~~~~~~~:;]~:;]~~~~~~~ ,.. .. Zi ..... !;~ ~~ E-< "'... "'Z 3> 0'" '" "'''' ,.,... ZZZZZZZZZZZZZZZZZ .. ... 0 -'" V ,.,'" ... 00 .. t!!i OZ 00000000000000000 ,., .. ... "'... ,.,'" ,.. ,., o(trJt:r:ICzl ..,... ... ...... ~~~~~H~HHHHHHH~HH ..... 00 ::1gJ ...'" ~~ 000 E--+OOC) :6 z'" '" ~~ 0000000000000000000000000000000000 ...... "'... V 000 "'~"'''' "'''' ,.,v '0000000000000000000000000000000000 V ~el "'''' 155 <::1 ",., "'H o(CdtrJt:r:ItrJtrJtrJtrJtrJtrJtrJootrJtrJtrJt:r:It:r:ItrJ ::1m .... ...'" ..",;!i;!i 0 00... ,., ~~~r:...r:...r:...r:...r:...r:...r:...~r:...r:...r:...r:...r:...r:... Z" 0 03 ,.,'" ...'" 8UUU ::1 oj 5<2 ['jgJ ::1gJ .00000000000000000 z'" '" "'" v'" 0'" 0,., 0::>::>::> O~~~~~~~~~~~~~~~~~ ........ "'" "'00 .", 0000 "V 00000000 0'" 01'" ::1" III 00 ~~~~~~~~~~~~~~~~~ o,M 0 " 0 0 '" '" ... '" !3 ,.; ... " 0 '" '" ~ Z ,., ... v..... Z V ... ... Z 5 0 ,., gJ "'M '" V '" '" ... ... " '" ,.: "'0 > " " >: " " " '" '" " "'.. r4 1) r4 "' .. '" Z a :i!r4 ~ a 51 '" a "00 '" N 0 ~ "' a '" >ON 00 " .... 00 ~"' .. "a > , '" .. a 0 .. 00 "' '" " r4 M " .. ~ ,..; 0 ~ ~ ~ 00 '" ~ .. '" " " 13 '" a 0 .. ." " a .. "' .. N '" '" .. 13 a N .. .. . '" '" .~ '" '" r4 " .. ~ 0 5: . r4 '" '" ~ r4 'U ~ ~ . .<: Z u !J '" " 13 ~ 0 " " Z " 0 .. " " a 13 "' 0 M ~ '" '" .,; ~ ~ 0:'" ~:i! ZOo '" ~'" r4 ..r4 "a "'.. :Hl >0 .. Z ",r- 0 ~'" .. ~ "0 :i!.:< " "'''' 00 r4 ~ " r4~ "''' " :lei "'~ :i!.. 0'" z'" "[g Z'" r4 ~.... "'''' r400 "M 0 0: " '" " ".... Z '" "'M r4 ~ ",a > "'"' '" t; '" " z :i!'" H ~ ,., "'''' " 0 H 0 ><... '" " ..... H", '" Uo :;- '" '" 0 0 .. '" '" ,., " '" U H 0 SO H '" H '" ,., U " S 0 .[j '" .. " S '" . H H .~ "' '" 0 . H " '" '0 :i! . -" Z U " " S 0 '" U '" U 0 '" 0 0 0 " '" " S 0 '" " 0 ... z :i! '" H ~ '" .; '" '" " ... " '" 0 U '" '" '" '" "0 ".. ,.. .. "... .. ,., .. "'H HH U :i!", z'" H..... "'M H U..... "'M ",0 z o H " '" "'H :i!5 Z" '" "'" o " z '" :> " :l " o " " '" o '" '" '" "'''' "'" :>.. oa, oa, ~('j '" ..'" o o >ON ... . ....'" Uo :;- ,,'" 00 ~.. 0'" ..,.., "" ,.: Z '" >: >0 .. a, '" 0 .. " '" [; '" a, a, .. " 0 " ~ ... NU'1\DMo::t'OcnOU'1C110r--OO '" ... '" '" . Z IJ'lr--O\M..-IOf""'NV'lMr--r--NaI a Z 0 0 .... '" '" 0 .... >: 0"II.Dr"-\D O'\U'IN..-llJ'lNM'" ""'N ... >: ... ... '" ... '" \DMf""'f""'IJ'lNf"'-U'1......-IU'l""'o\O"l '" '" '" '" :< "' " o\M..,.""MMCD\DaJN<DNaI.... ~ " ~ ~ '" , '" - - - - - - - - - - '" .... '" " ...~M N....r--r--m.....a1NlJ'lN ~ " ~ ~ &; 0 "' N MN .... .. '" "' '" '" " .... N " N N '" . H .... >0 .... 0 0 " " ~ "' '0 . 0 .<: '" '" U .., [; " :';] '" ~ a, a, a, .. " .., ,., H "' .. 0 ... " .... .., " Z .... 0 0 '" 15,.:,.:15 U Z '" '" 0 I-ttl]tQrr.. '" :> .... OE-iZZ a, '" t; 15..000 '" '" NUUr.J '" ~ " " ...... , 'U " '" "'0 ..,"'..~ ... 0 '" "'15 ......... CI) e-+E-<(J\O'\Z E-< Ztr..CIl I-l 0'\ 0'11-1 ~OO8z~f;;"".-irr.. >: >:1515 OU"'....!5 ~ '" c..rr..rr...(1-4 00 ....... 01-1 tI] E-< 0']. tIl U ".. Z ~OllG~~<:W::Utl)tI]E-< 0 '" .. .. 0 "'1515 U"''''CCZ''O!5 " "... .... ..'" """0 "'ZZ"'!5 15 " U " .. ... ~o::Zo:3:::E:OO::E: r... 0 '" ~.:; a, ~~E-.q"'H'''rd :E:lJJaJtJ::Irr..tLo 15 ~ ~ .... ~~o::o::~Q~8 . .{)o::o:~ ........ '" .. "' U a, U tlH-1 III III O~..:l I e::O::O::lIll1l 0:: a, .. '" ~'" .. " S'ic.~~&i~~e:~~~!;:~~ .., <J ~ Z .., U '" ~ '" ~ Z'" '" 0 ~(j3C1lo::o.o.E-tHHH3t1]l':rJ '" Z " ...., '" '" "M ~ ~ .... 0 0 " " '" U, 15 15 ....U'lCOo,,\....LtlOt'-OllO\O\....NM ~ ~ " "'M O""O'\O"\OON"""'''''O\OOO 0 .., 0 ",0 .. .. ....NMM""''''''''''....''''''''''o::t'\O\DCO ... "' "' "' ... ...~.....) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION ADD-ON ORIGINATING DEPARTMENT ITEM NO. Request to Continue/Discuss Feasibility Report for Stormwater/ 97 -26NHamilton Square Scott Erickson, ~t Engineering The City Council has received a letter from the Hamilton's attorney requesting that Item #8, Discuss Feasibility Report for Stormwater/97-26NHamilton Square, be continued to the April 7, 1998 City Council meeting. (See attached letter.) JENSEN &: SWANSON, P.A.. ATroRNEYS AT LAw 9~!lS ~ULNW.M~~.Ir', C.K~..JNQ SUITE #201 BRoolU.YN PARK. MINNESOTA 5544-3 TEw::rliONJ;; (~121424-8811 1ELEf^,'C (612) 493.5193 COROCN L. J~N.sI'..N . WIU~ G. Sw.\NSOI'/ llRE:rr A. PEimY C, AulEH Pl!AA.saN' March 17, 1998 o. CoUjllS1l~ I-oAANS g. BR\'!\IESTAD Cr.WlU:S W. ROCtlts JAlolES P. TWEeOy City of Andover Attention: Scott Erickson Enginccring Department 1685 Crosstown Blvd. N.W. Andover. Minnesota 55304 r.S-;~~'B~"F~-O.~-~~"""J i TO: (612) 755-8923 ! : ; ..............._h___..__.....................__... Re: Feasibility Report for Stonn Water 97-26A Hamilton Square Dear Mr. Ericboll: OIl behalf of my clients, Mr. and Mrs. Ed Hamilton, I respectfully request llut the above-referenced matter scheduled for consideration by the Andover City Council at ils March 17, 1998 meeting be continueU. UnfOrtunately, scheduling confiicts between our office, OUT clients and our engineer have not allowed us sufficient tIme to fully analyze the options presented in the feasibility report received late Friday. It is my understanding that the Ilext council meeting at which this maner eQuId be considered IS April 7, J998. We respectfully request that the matter be Continued and co~idered at that meeting. As you are aware, my clients are also concerned about Agenda Item No.9 regarding the preparation of a feasibility report for Chesterton Conunons Second Addition as well as Item No. 10 of the Agenda which is the request fOI an administrative lot split affecting property directly north of Hamilton Square. Although it is iniIpplOpriate for me to request COntinuance of these items. perhaps these items can be more constructively addressed after a determi.oatioD has been made after review and consideration of Lhe three options presented in the feasibility report for Hamilton Square. An attomey from Our office, Alden Pearson, will attend tbe meeting representing the HamiltotlS; however. it is not practical for Alden to be up to date on all of the Concerns given the YOluminous history of slorm water issues inVOlving these properties. We certainly appreciate your consideration of our request for continuance. Thank you. Sincerely, -~ ~-'-~ Gordon L. Jensen JENSEN & SWANSON, PA au :sar cc: Mr. and Mrs. Hamilton .Recl Estate Specialist Ccrttfierl By The Minnc.ota St.;tc Bor Association .'Quo.U!ied AIlE< N""tr.>J llAA..(l2 '-Tll (2IJIGUJ C'OOd 9G1. . ON ,?F;R c:c:). f- NnCNHf'lS ~ N::jq"r:J r n.- .nT r-o....-.,............- ., . ) . ANDOVER, MINNESOTA MARCH 13, 1998 FEASIBILITY REPORT FOR HAMILTON SQUARE STORM WATER OUTLET CITY PROJECT NO. 97-26A CITY OF ANDOVER, MINNESOTA I hereby certify that this Feasibility Report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. cFd/fL, Scott B. Erickson, P.E. Registration No. 20833 1 " /'. Overview LOCA TION IMPROVEMENT INITIATION RIGHT -OF-WA Y/EASEMENTS PERMITS COMPLETION ESTIMATED PROJECT COST ASSESSMENTS PREliMINARY COST ESTIMATE LOCA TION MAP STORM DRAINAGE IMPROVEMENTS TABLE OF CONTENTS Description West % of Northwest X of Section 23, Township 32, Range 24 Storm Drainage Andover City Council action Easement will be necessary depending on options. Anoka County Highway Department, Coon Creek Watershed District, Any Other Applicable Agency The 1998 Construction Season Option 1 $38,130.00 Option 2 $79,080.00 Option 3 $58,800.00 Unit Basis Storm Drainage and Restoration Storm Drainage and Restoration 2 " . j".\ LOCA TION The proposed project is located along the east side of Hanson Boulevard NW, located in the West Y2 of Northwest % of Section 23, Township 32, Range 24. IMPROVEMENT The improvement consists of three options for drainage of the pond on the Hamilton Square plat. The first option consists of piping the stormwater approximately 900 feet North along Hanson Boulevard NW to a storm water pond on the Chesterton Commons plat. The second option consists of piping the storm water north approximately 2415 feet to discharge in the existing county ditch. The third option consists of piping the stormwater approximately 580 feet and then regrading the county ditch to drain to the north. RIGHT -OF-WA Y/EASEMENTS The proposed work will be generally within the Anoka County right-of-way of Hanson Boulevard NW. Additional easement dedication will be necessary depending on the option. PERMITS Since work is performed within the County's right-of-way or easements a permit will be required from the Anoka County Highway Department. A permit will also be required from the Coon Creek Watershed District and any other applicable agencies. COMPLETION 1998 Construction Season ESTIMATED PROJECT COST Attached to the report is a detailed estimate of construction costs from the storm drainage improvements. The cost quoted herein are estimates only, based on current construction prices and are not guaranteed. Final contracts will be awarded on unit price basis. The contractor will be paid only for work completed. TOTAL ESTIMATED PROJECT COST Storm Drainage Improvements Option 1 Total Estimated Construction Cost Engineer, Legal, Fiscal, Administration (30%) Total Estimated Project Cost Option 2 Total Estimated Construction Cost Engineer, Legal, Fiscal, Administration (30%) Total Estimated Project Cost Option 3 Total Estimated Construction Cost Engineer, Legal, Fiscal, Administration (30%) Total Estimated Project Cost $29,330.00 $8,800.00 $38,130.00 $60,830.00 $18,250.00 $79,080.00 $45,230.00 $13,570.00 $58,800.00 3 . , . ,. STORM DRAINAGE Option 1 Item No. Description Quantity Unit Price Amount 1 Mobilization 1 LS $2500.00 $2500.00 2 Connect to Existing Storm Sewer 1 LS $350.00 $350.00 3 Construct 4' Dia. Storm Sewer Manhole 3EA $1100.00 $3300.00 4 15" RCP Class 5 Storm Sewer Pipe 890 LF $20.00 $17,800.00 5 15" RC Flared End Section 1 EA $600.00 $600.00 6 Class II Hand Placed Rip Rap 6CY $50.00 $300.00 7 Seed & Mulch Mix 900 0.50 AC $1000.00 $500.00 8 Topsoil, Seed, Woodfiber Blanket 1 EA $300.00 $300.00 & Silt Fence Around Flared End Section Cost for a 15" RCP Storm Sewer Across the Gas Easement 4A 15" Storm Sewer Pipe 124 LF $20.00 $2480.00 5A 15" RC Flared End Section 2EA $600.00 $1200.00 Total Estimated Construction Cost for Option 1 $29,330.00 Option 2 Item No. Description Quantity Unit Price Amount 1 Mobilization 1 LS $2500.00 $2500.00 2 Connect to Existing Storm Sewer 1 LS $350.00 $350.00 3 Construct 4' Dia. Storm Sewer Manhole 6 EA $1100.00 $6600.00 4 15" RCP Class 5 Storm Sewer Pipe 2409 LF $20.00 $48,180.00 5 15" RC Flared End Section 1 EA $600.00 $600.00 6 Class II Hand Placed Rip Rap 6CY $50.00 $300.00 7 Seed & Mulch Mix 900 2AC $1000.00 $2000.00 8 Topsoil, Seed, Woodfiber Blanket 1 EA $300.00 $300.00 & Silt Fence Around Flared End Section Total Estimated Construction Cost for Option 2 $60,830.00 4 Option 3 Item No. Description Quantity Unit Price Amount 1 Mobilization 1 LS $2500.00 $2500.00 2 Connect to Existing Storm Sewer 1 LS $350.00 $350.00 3 Construct 4' Dia. Storm Sewer Manhole 2EA $1100.00 $2200.00 4 15" RCP Class 5 Storm Sewer Pipe 574 LF $20.00 $11,480.00 5 15" RC Flared End Section 1 EA $600.00 $600.00 6 Class If Hand Placed Rip Rap 6CY $50.00 $300.00 7 Seed & Mulch Mix 900 2AC $1000.00 $2000.00 8 Topsoil, Seed, Woodfiber Blanket 1 EA $300.00 $300.00 & Silt Fence Around Flared End SeCtion 9 Common Excavation (Ditch Grading) 4250 CY $6.00 ' $25.500.00 Total Estimated Construction Cost for Option 3 $45,230.00 5 I -:..} .. '--II I -II I I I I ~~ ,~"rj ,O~ :i ~ ~ll ' ta I :I~ ~I... 99&";'" .,. ....-.~ :: I ,,,' 'c' .....;OC/==~\. ::, . t "\1 ~' ,~, ;{ J i 1 ~ .. WII ~. ~ i ~ 1 11 ~I a n: jl'i d. 1 II; I " , ,) .J \ I:') - - - - ',.;~ I ~s I I I 14- -7 _~: _::-:.o"l :.1 I NED R-1 II : , ,I j l; , , , j ! . '2141100C6 ""UN,foQ s.,:,..x.. :)o~. "...~0I'0 Ck.C ,',.., .;oo~..." ')'lI4U fII: :2U2.,UOOQI ClO..clt ar... c:I .., CIIOSSto'_ ...0 ..... ..00'01"."" ,).)0. \ \ '/ ."1 ~ '\ I , I . I 0', j " I : I S 88'48'O~' E/. ; ~ - 1321.44 ~; \ I J ./ 150 . t' J ~'.I "';:, . ..; :i: =:.! :: ''- .. '''; i -c( 6 (:i: , )' . '"_.J c I: , ! ! 150 ...~.~.,--or""'l/' 2J. r... 12. ~q. 2_ .:..~C_I''''-'''''.''I 'I' ,lJ....c.....". .\\ I I ~ E:x~TI^U:r l_~ SillRt'Yl se;l,.AJER. ./I1"''''tIOl-E HAMILTON SQUARE STORM WATER OUTLET --.,. ..."'.......+.--.= \ \ , -. . ,'- .. ! . ,..... FEASIBILITY STUDY FOR --I : I I ~1"..1I ~"'"'' ,,'.- ;:~.}~'.~~rr ~f.....;~:'./' po,., ~~ ........ulro 1:16'~. .. "NJO..L' N '. STORM SEWER \. CITY PROJECT NO. 97-26A ANDOVER. MINNESOTA OPTION 1 . DI:C 'c.~ \ ~P'f \ \J ," ~~ T own homes (J A ~o..A 11"....r.:"" ~?- -.,..; - - ~ () BUILT BY GOR-EM, LLC. 10732 HANSON BLVD mv COON RAPIDS, MN 55433 () + & ::J d) Z ~ -of ~ ~ ~ ..... . . " . .... . ] I ..j. ., ..,. ........",... ......,.,. 00" I. , " rtf', ....'.'.'..,.,.,.,..,.,.,.,* '" . III II o~r- ~i::l....,. ""I ..... . ~<,... ~<: ~..,'. I. " ~ . . ~ I -<- b T t:r.ITZ .9'.6~ r- .thO. / "\ U u , ) \- L ~I Iii 0 Ill' ~ ~~ ~ OJ ~ ~ ~ g~ "' <II ~ :I ~ <t Z I """u w 3 ~g 30. ltl,:, ri Z '" o B ~~ ~ I-~ @ -' z ~ .o1-.6~ ;,J ~-.tl " ~ I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I ..J (j , " r I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Jhll ""'" " '1 'J ..." .01.60 ~ till! 41 ~ ~ ~ ~ ? " fil I 0 > co " w ~ 1 '" w co '" I- O~ ~0 sa: ~~ co.... 1II<i I-u Z~ !;1:J 0:>: W-' Ww '!" 3~ co 8 '" Wl'l m m I3 @ I \-9 I I ! ;~J u C) r r=*l 2 ~ Iii w 8 LL ~ ~ ~ ~ l.L => V> ~~':;~ cO ~ Soe Z ~~~ ~ I bU DHg W",z.;, ~ ~ ~ --' '!i0 w --' Z ~ .a-BE r '1 <~ .., b t;> ~ g t (j '--~ .r '\ 'J ~ r N' "" ~ ~ ~ ~ '--- ~ ffi r - '" Ol ::! =d~~ co ~:ii~ Z G~~ A' 9 b:l ~ "--Z...J D jO" ill ~ uJ ~ z~ Wj 8 I '" ~ \- 3 ~ 9 (3 c II ~s ~ IiO~i . . . II .~o~op..[ I... i...1 . I , r . J ~ 1 '"11' - Ii Ii I l I I I I I i I I I J I J L " I ~ 9 I ~ I I I I I b I . I I I I I I I b I I I I I I I I I I -0-.' .'" .o-,9€ ,. " u r ~ i ,--- -~-- , (J ~ ! } ttrmmrrtri ~J 1 3Z'-o- ....... ........... ... . ..... '" ... . . ... . . ... ... -.- . . 2 c W o ~ ~ W '" -.J ~ Iii W '" W It' 5! lL '" ~ '-' O! ....~ ~ 9" g~ '" IL~ l!l~ cO --' N ~~ W ~~ c'" Wo Iz !i''-' 00 l-~ '" ~ 0 14'-Q" ~ (j I .r.~E I I . I I I I I I I I I I ~ I I ~ ! I I I I I I I I I I I I I I I I I I I I I I ~ I I c I ~ ~ I > I 0 ~ I I . ~ I . ill~ I '" :, 9 I 1-5: I ~ :r lLlll -'co m m I 5'" (J ~ ~ I . m ~~ ~~ . . ~ . I I ~~ I I [j)--' I W~ fa:>: I !!!':' I ~ I Till g I '" I .. .-~ ~ I ~ I I 6 I I I I . ; ~-) .... .o-.ZE () ~ " o :J b " ~ III w W~ c {'i~ ~ ~ -:J ::l I~ ~ tJ)O ~ I-!;: ~:ll "'''' ,,~ {'i--; m~ :;1;/ MB b~ z~ c:>: W~ :j~ zo:, I~ 0 '" ., I-..J m m ~ 0 ..J Z ~ "0 .o-.t>l "BE o o ~J ~ b ~ .a-.BI> .0-" .~. , ;; .o-.s " ;: , I 1 I 1 I .1 ..1 -I I I 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 I 1 I 1 1 1 I 1 1 I 1 I I 1 I = " " ~ re r-I I I i I LJ I 1 I I 1 1 I II II II II ~ II II II II ~-=.=.=-=-==-== ... .0-. .o-.tol .0-.91 .0-.81> ~ ;> i: ~ b " " '" " " " " ~ ~ , " " ;, " '" b ~ " " 9 T ~ ~ " ~ b " c ~ ~ ::! ~ .... ....'" ~"' OliO ~ W~ m" ~~ c:>: ttiw z' 8 w~ lY I~ U)('l ':,Lo lY9 w"- CO~ w~ I('l l-3 9 (') m m m ~ J g i t ! rn if i J j !' I / , , ~~ ;~ ~ I \J o~ Co) I: & · r. .> . ti I ' 00 ....:l " e ....:l :J Ii III) ~~ ::a !~I Ii g! m! r"'l i~ ~~ I id I~ ~ ~ jl!.. ~O ~ ni :: OE-t 0 ~ j:::'l Cl Ii: ~: ~~ >- m ~. rn~ ~ ~ - . Co) ,- '\ l.J ..,~. .." ._;;~.-~ ,~~ . /1.~ ,4,.. .' .-,;.- . .~,;," 1 -, .... A'.] .,," ... .-".-. ; .-.. . .-. 4{~ ~ ,.;;, "'. ..Ie. /l --. ".' he, , ...._-.-.-'~. .f" _ ,- .0 ...f,'-; ;iF, ,. ... ~ ~$ ,.. .. ., i ~ i a .~ ~ r ~Ij ,--\ '---) , <) '. H ~III I r ~"'T i , /i !> f/ i \i I, if ;; i/ , " f! ~,: (.~ " ') , , , , , , , , , , , , , , , , , , , / ('; / I, .........../...... ,I "'-\-:"'-~.-:!.. ~t, '\ '.-) ," , 1\ J: .. - , .>, '~ ::\ "" -~;; 1~,\7 ! \\ 00:\'( 1 \,.<\:~f : '::\ -7~~ !'\,~>;~ [/)"; '. IV ~y- O::g~ 00....::1 ~~;:g IIlZ~ ~~I OO~ ~E-4g <~~ ~>m [/)0 U ..J 0-0 ~~~ cat- ",'-'0 :teJ~~ Q.~~~s ::><:<ll :;.; ~ A ~&; p..~ ~S p..:::!l cd .a J . . ~ i III ~ tl ' - .i :, G ~ ~ . [l n rill 'tI 11 ]! @ /------., ,-.j / Shadowbrook-Cow Landscape List (per double unit) 1 Spruce 6'- 8' 1 Rubrum Maple 2" 2 Clump Birch/Amur 6'- 8' 3 Techny Arb. 4' 19 Med. D. Schrub 18"-24" 9 Lg. D. Scrub 24" - 36" 8 Spreading Juniper 18"-24" 15 Prennials Hasta 5" Pot 15 Prennials Day Lily 5" Pot 800 Yards of sod 600 Feet of Edging 2600 Feet of Rock Mulch 5 Yards of Rip Rap 120 Sq. Ft of Retaining Wall \ } \ I - ~ -- ~ . F'TN: 223224110002 f: ~~~~~~:T. INC. I ~ A."'OOIJ(IIt. WH ~~JOJ t I rl!~_~l\ 1-::"'?\lllr~\, ^L:)r'\---j .1---..< ~- ------. .. , ,-< _ . - - ..,-~--:;:t'-.~" - _-::_::'~~~UI 'l /~':L-6V/;"~~ ,-'j '._, ----- , ,.~~... .."'" ' - ~ ;;i g; ~--:~ \ l..I. _ - _ _ _......:... .. __ . . "~ ' t.- :.~.~._"' ..: . ~ g' ... ...~ ~ .~ jog~ ::h~ 1$- - .~ it *,:0:: _"\ r-"-~-~'~ . t::'~" "'I~~' - ~ ,.f ~_: ~~: ~fl . G-~ ;1 Q:\ j~'y, ~; 0 ~ \c~. .~. JO Ui .,,.. fz 3 -i :;z !~ ~ ~:~ . ~ Cj' ~ t. III ,.Xl :i t .., 1 ~ ~~iu hi < . - :iz9E .~"~ zo~E t.:c-i ~ ~ ../ . : , , . } /+ ~~-.~ ' " ~: ~ --~~ ..,;N ,~~ .. I . o ';;2 ijl;:ll 110 ,- .> f f ~ f ,. FEA$IBIUTY STUDY FOR HAMILTON SQUARE STORM WATER OUTLET STORM SEWER CITY PROJECT NO. 97-26A ANDOVER, MINNESOTA OPTION 2 ~i:~' olin$.... '>>5-:;: ~ .. 0 ~ PI...: 22322.110002 z 0 ~ : ASHI"ORO O(lyfiOPlIlENT. INC. ...1 Q R .36"0 152ND AY[. N.W. ~ . ~ 4HOO~R. YH 55303 i . ~ . = ~ -~-"'~{\I\ ,-::="'7\-;-"1'''="'' ^i':lr"\- i - - - - - ...J..---.C_~ -;:;----.L..-::=r_ . \I::";' \..J I \l I~. L_ V ,-, I \ Y; ~ J. D"" __ , T ,,' ." '" -- E' \ -4 ;;. ., II ,.,~.-.. ~, ~)uc.. :......J'O...I ......'1 - - - / r.> _ ~-: r,-.. " '.~. \....,. - _ _ ~ o .....:.... ~ ;;-:..~;\,:~,~~~ . d ~_: ~.:.:: :f!' i " ~ ni ~ , ~y .H~ 0 >\ I~J f~' ]0 U" 'I:; {: 3 ::' i-: : " ~ -~- - ~q- ~ t. III ;xJ ~ ~ ~ . , . !;~~ ~. :Ii::: S.:: oW: . . - t..r~ ! - ~ ....- ./ . l ~ , , ~ /.{.. // t / '-~';I ;~~ ~ --~~ lZN ,..:t' . o --e i;,. ,,2 .- f 1 [ . . FEASl81UlY STUDY FOR HAMILTON SQUARE STORM WATER OUTLET STORM SEWER CITY PROJECT NO. 97-26A ANDOVER, MINNESOTA OPTION 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION ADD-ON/EDA MEETING ORIGINATING DEPARTMENT Scott Erickson,~L Engineering ITEM NO. Approve Quotes/Security Fence/94-331/ Commercial Auto Parts Site Security The City Council is recommended to approve the quote to North Star Fence in the amount of $4.70/LF for a security fence for Project 94-331, Commercial Auto Parts Site Security. The fence installation will be 6 ft. high chain link with a barbedwire security top. There is approximately :t 3000 LF of fencing that will need to be installed. The cost will be between $14,000-$15,000. The funding will be from TIF. Proposals submitted are as follows: 1.North Star Fence $4.70/LF 2.Mid-Metro Fence $4.75/LF North Star Fence has successfully performed other projects in the City of Andover. .... CITY of ANDOVER MEMORANDUM TO: FROM: Scott Erickson, City Engineer Dave Berkowitz, Civil Engineer I ~ DATE: March 17,1998 REFERENCE: Commercial Auto Parts Site Security /Project 94-331 cc: File -------------------------------------------------------------- -------------------------------------------------------------- The following are verbal quotes received for a 6 foot high temporary fence with a 1 foot 45 degree overhang and 3 stands of barbed wire. This removal of this fence in one year is included in the price per lineal foot. 1. North Star Fence 2. Mid-Metro Fence $4.70/LF $4.75/LF Due to the work that North Star Fence has done for the city in the past, I recommend that . they be awarded the work at $4.70/LF. . A' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 17. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. 20. Approve Quotes/97 -52/Bleachers for Sunshine Park Todd J. Haas, ~ Engineering The City Council is requested to approve the low quote for purchase of bleachers for 2 of the soccer fields for Sunshine Park, Project 97-52. The quotes received are as follows: 1. Seating and Athletic Facility Enterprises 2. Earl F. Anderson, Inc. 3. MN-WS Playground, Inc. $2,886.00 $3,324.80 $11,277.00 This will be paid from the 1997 Park Capital Budget carryover. Staff has contacted the Park and Recreation Commission and it is recommended to approve the quotes. 21:32 15872557564 SAAFE PAGE 62 (507) 256-7604 (501) 256-7207 FAX A E QUOTATION "STADIUM" STEVE SNYDER F DATE: Ml\l'ch 17, 1998 Seating And Athl..tlc Facility Enterprises RR 2. Box 24A. Blenda/e, MN 56026 " QUOT AllON NO: SS-031798-0 1 TO: City of Andover 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Phone; (612) 755-5100 ext. 131 Fax; (612) 755-8923 ATfENTION: ToddHaas REFERENCE: Sunshine Pal'Jr/Soccer Fields DESCRIPTION Four (4) 3 Row X 15' Non-Elevated Bleacher -Aluminum. Understmcturc -6" Rise; 24" Tread Depth -2 xIO Anodized Aluminmn Seats -Single (1) 2 x 10 Mill Finish Footboards Total Materials Delivered and lnstal/edwith Tax: $2,886.00 FOB: Jobsite DELIVERY: Sch~uled BY: 'Qt)~/'&wU~ TERMs: Net 15 RECEIVED MARI3mJ PROPOSAL TO: Earl F. Andersen, Inc. Todd Haas City of Andover 1685 Crosstown Blvd. North West Andover, MN 55304-2612 CITY OF ANDOVER " FROM: Eart F. Andersen, Inc. 9808 James Circle Bloomington, MN 554 Bill Bach (612) 884-7300 (612) 884-5619 B80312BA Net 30 days PHONE: FAX: DATE: PROJECT: 755-5100 755-8923 March 12, 1998 Sunshine Park/Soccer Fields CONSULTANT: PHONE: FAX: REFERENCE: TERMS: QUANTITY DESCRIPTION PRICE EACH TOTAL 4 American Aluminum 3 row x 15' non elevated bleacher $563.33 $2,253.33 - All aluminum - 6" rise with 24" tread depth - 2" x 10" anodized aluminum seats - single 2" x 10" mill finished footboard Project lead time is 7 weeks SUBTOTAL $2,253.33 NOTE: This Cluotation is valid for 30 days. SALES TAX 146.47 Please call for confirmation after that date. ... FREIGHT 175.00 INSTALLATION 750.00 TOTAL $3,324.80 DISCLAIMER FOR UNKNOWN CONDITIONS: The following disclaimer applies only when installation is quoted. This quotation is based on the area being free of all debris such as, but not limited to the following: .Concrete footings or blocks of any type. 'Bedrock or rocky conditions of any type. 'Trees, stumps, cans, bottles, metal or any other debris. .Utimies requiring any holes to be dug by hand. .If area is not accessible to a bobcat an other equipment necessary for installation. .If water exists in s~e area or footings after they are dug. . Or any other unknown conditions not listed or visible. Signed by: ~ S; ~\ ~ 0111 ach ' 9808 James Circle. Bloomington, MN 55431 . Phone: 612-884-730lf. MN Wats: 1-800-862-6026 . Fax: 612-884-5619 "Equal Opportunity Employer" MAR-13-98 HI IJ:51 AM MR WIS. FLAYGROU~D FAX NO. 16125465050 P. , " Proposal March 13,1998 Todd Haas City of Andover 1685 Crosstown Blvd NW Ando\'er, MN. 55304 4) NB-031SA6 3 Row 15' non elevated bleacher s11,271.00 net seating capacity 30/unit Includes: Installation Tax Freight alum. angle understructure wjc." r,'s.... ~ tzo..v 2 x 10 anodized alum. seat plank single 2 x 10 mill finish alum. foot plank Features below may be reqJlired to meet UBC or local code Such a.~ aisles concrete anchors &round sills, Etc. may be reqllircd Consult your local code officials, S;gned: L/r5L-- A"''Jlte<t *The above prices DO NOT include concrete pad or unloading of the truck. *The prices are good until April 15, 1997. *Net 30 days. *Materials will take 3-5 weeks to ship after approval. P.O. Box 27328 . Golden Valley, Mill. 55421 Phone: (612) 546.7787. (800) 622-5425 FAX: (612) 546.5050 ./ o P""'ed" .O<)'t'ed~"