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Home My WebLink AboutCC May 15, 2001 CITY of ANDOVER " 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 Regular City Council Meeting - Tuesday, May 15,2001 Call to Order-7:00 PM Resident Forum Agenda Approval Approval of Minutes Consent Items I. Approve Resolution Regarding Investment of Funds _ Finance 2. Acknowledge Lease Tennination - Lions Club _ Administration 3. Award Bid/00-8 & 01-5/Sunshine Park Parking Lot & Bituminous Trail Improvements/City Hall Skateboard Park Bituminous Surface _ Engineering 4. Order Plans & Specs/98-20IBunker Lake Boulevard Underpass _ Engineering 5. Award Bid/OO-39/Chesterton Commons North 2nd Addition (Supplemental) _ Engineering 6. ReceiveNotice from Anoka County ofIntersection Improvement Funding/CSAH 9 (Round Lake Blvd.) at CSAH 20 (l57'h Avenue NW) _ Engineering 7. Citizen Concerns - Crosstown Boulevard Traffic _ Engineering 8. Variance!l540 - 158lh Lane NW/Gerald Windschitl- Planning ,) Discussion Items 9. Anoka County Sheriff Department Monthly Report _ Administration 10. MN Dept. of Health Presentation - Drinking Water Standards _ Public Works II. Public HearinglVacation ofEasement/3982 I 46th LaneNW/Niemann _ Planning ]2. Consider Resolution /Participation in League ofMN Cities Building Quality Communities -Clerk 13. Approve Joint Powers Agreement with Anoka Hennepin School District # 1l/01-2/New Ball Field Facility - Engineering 14. Approve Supplemental Feasibility Report & Waive Public Hearing/OO-18/Andover Boulevard Extension - Engineering 15. Approve Articles ofIncorporationlBylawslDeclarationlRed Pine Estates _ Planning 16. Approve Final Landscape Plans/Red Pine Estates - PUD/Gold Nugget Development _ Planning 17. Approve Final Plat/Red Pine Estates - PUD/Gold Nugget Development _ Planning 18. Award Bid/OO-41 & 00-40/Red Pine Estates and Woodland Oaks/Street and Utilities (Supplemental) -Engineering 19. 2002 Budget Development Process and Approval of Council Fiscal Goals _ Administration StaffItems 20. Acknowledge Municipal Newsletter Survey Results _ Administration 21. Schedule Council Workshop - Strategic Planning Session _ Administration 22. Schedule Council Workshop - North Metro Mayors Association -Administration Mayor/Council Input Payment of Claims Adjournment '--~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Mav ]5.200] AGENDA SECTION OR/GINA riNG DEP ARTMEN"q:: Approval of Minutes City Clerk ,~.D),V ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: May 1, 2001 Regular Meeting \ / , ) CITY OF ANDOVER REQUEST FOR COUNCil ACTION I DATE: May 15.2001 AGENDA SECTION ORIGINA TING DEPARTMENY~ Non-Discussion/Consent Item Finance I . Jim Dickinson ITEM NO. Approve Resolution Regarding Investment of Funds Aoorove Resolution Reg-arding- Investment of Funds Request: The Andover City Council is requested to approve the resolution regarding the investment of funds. Approval is needed to remove Richard Fursman from being authorized to invest City of Andover funds and authorize John Erar, the recently appointed City Administrator, to do so. \ / , , / i CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION 243-99 A RESOLUTION AMENDING RESOLUTIONS NO. 038.95 AND 189-92 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted resolution No. 243-99 authorizing Richard Fursman, Administrator, James Dickinson, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Richard Fursman has resigned as Administrator and John Erar was appointed Administrator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of , Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to John Erar, Administrator, James Dickinson, Finance Director and Shirley Clinton, Treasurer. Adopted by the City Council of the City of Andover this 15th day of May , 2001. CITY OF ANDOVER Attest: Michael R Gamache - Mayor Victoria Volk - City Clerk j CD , CITY of ANDOVER \ ) 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 TO: Mayor and Council FROM: John Erar, City Administrator SUBJECT: Acknowledge Lease Termination - Lions Club DATE: May 15,2001 INTRODUCTION My office has received notification from Mr. Jack McKelvey, President of the Lions Club, that their organization will be terminating their office space lease at City Hall. DISCUSSION Due to internal fund-raising issues, the Lions Club has submitted a letter indicating their intent to terminate their lease agreement with the City. Under the terms of the lease, the Lions Club has provided the required 30 days notification, with May 31, 2001 as the last effective day of , occupancy. .~ BUDGET IMPACT Termination oflease will result in a $400 monthly loss of rental income for the City. Prorated to the end of the year, the City will realize a $2,100 reduction in building rental income. The 2001 Budget will be revised to recognize this reduction during annual re-appropriations in November of this year. ACTION REOUESTED Acknowledge receipt of Lions Club thirty (30) days lease termination notice in accordance with the terms and conditions of the Ground Lease Agreement. Cc: Jack McKelvey, Lions Club , ~ ) \ / MAY 3 2001 Andover City Administrater, This letter is a written conformation of our conversation of April 30. During that meeting I informed you that the Andover Lions were issueing their 30 day notice to terminate their lease on the office they rent at City Hall. I also informed you that the Lions are terminating their gambling operation at Pov"s Bar as of the weekend of May 5th. The Gambling Control Board has suspended the licence for two years mainly for the lack of supervision by our Gambling Mgr. who had Cancer Surgery and Kemotherapy. They stated we should have replaced him. It has been a pleasure to work closely with the City and we hope if the occasion arrises in the future that we can again work with you Sincerely, Jack McKelvey Andover Lions ~ h1vK~ I I ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: May 15. 2001 I AGENDA SECTION ORIGINATING DEPA~TMEN7~ Consent Item Scott Erickson~t. 5. Engineering . ITEM NO. Award Bid/00-8 & 01-5/Sunshine Park Parking Lot & Bituminous Trail Improvements/City Hall Skateboard Park Bituminous Surface INTRODUCTION The City Council previously authorized bids to be obtained for the construction of a new parking lot along the west side of Sunshine Park along with the installation of an asphalt surface for the new skateboard facility. The locations of the projects are noted on the attached identification maps. DISCUSSION The new Sunshine Park parking lot will provide an additional 51 parking stalls for this complex. The asphalt surface for the new skateboard facility will be located just north of City Hall and / will provide the skating surface for the skateboard equipment, which is presently being reviewed by the skateboard task force. The project bids are currently being evaluated with the Park & Recreation Commission for their recommendation. Their recommendation will be forwarded once it is received. BUDGET IMPACT The funding for these improvements will be appropriated from the Park Improvement Fund. ACTION REQUESTED The City Council is requested to approve the resolution awarding the contract to WB Miller, Inc. in the amount of $113,885.80 for Sunshine Park Parking Lot & Trail Improvements & City Hall Skateboard Park Bituminous Surface, Projects 00-8 & 01-5. Bids received are as follows: Contractor Bid Amount WB Miller, Inc. $113,885.80 North Valley, Inc. $114,939.00 Hardrives, Inc. $131,286.32 DMJ Corp. $132,614.49 Engineer's Estimate $113,693.50 '\ \ ) WB Miller, Inc. has successfully performed other projects for the City. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 00-8 & 01-5 FOR SUNSHINE PARK PARKING LOT & TRAIL IMPROVEMENTS & CITY HALL SKATEBOARD PARK BITUMINOUS SURFACE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 047-01 & 071-01 , dated March 20 & April 17 , 2001, bids were received, opened and tabulated according to law with results as follows: WB Miller, Inc. $113,885.80 North Valley, Inc. $114,939.00 Hardrives, Inc. $131,286.32 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate WB Miller, 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 WB Miller. Inc. in the amount of / $113,885.80 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. 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I lfJ E r:: a:: (f) <(E en > E ~ "'-iL r::",,,, Q) Nr:: '" '" u :; Q) '" 0 ~~ "'- ~ ::l 0 _' 0 <( W ~o ~ ~ a. 0 :r:o.... 13 lLO ...0 a. 0 CIlO 13 ~ ~ a. 0::.8 CIl t- ::;;ffi", 0 N '" '" ... ::;;ffi ai~ "I 0") ... <t) <0 ,... w::;;~ '" '" "I "I w::;;; ....Z I-z TABULATION OF BIDS CITY OF ANDOVER I PROJECT: Proiects 00-8 & 01-5 BIDS OPEN: Mav 9,2001 @ 10:00 AM Sunshine Park ParkinQ Lot & Traillmprov. & City Hall Skateboard Park Bituminous Surface BID ....BID PART A PART B A&B . I ..... I .. . COMPANY . RECEIVED I BOND BID .. I. BID TOTAL I. .. .. . . . ... AMOUNT . . AMOUNT. . .. (3 )DMJ Corporation X- X '1S-/I7O.oo 5>J,14~.'f? J32,bI'f.'f9' r-j/ Hardrives, Inc. .x A: 98, 441.f" 6'1 32., ENI. 63 /3// ZB6.s2. Bauerly Companies (1) W.B. Miller Inc. X x.. 85; 527... So 28,363.. 3D 1/3 , ass: Be ( /'11' ~orth Valley, Inc. 27,768.25"" /1'-1;''13'7.00 tJ'/ X. )( 8 ),174. ,5" - Bauer Contracting, Inc. , I ENGINEER'S $93,914.50 $19,779.00 $113,693.50 ESTIMATE 008015/ist.doc .' \ ) - , ~" .u. \..,.,,~ ">'7/'1 - .N"'; \ f III I I~ '-........ I 0" I "4..~ _t ./ ' I, , WITflj ~G~ I" ~ " .' !fl.;; ;:,J~'HIRO' ~ :;>1' R;';;:i 2 ~" ". i ~. '~' . .'"---j, . -- I" .........., ~ ~." I ....'..lrJ.'I..."", I. ,~" "\J. a ~,-.\+I"""'I.'I.I.I" ... ". , .'~ "';'~'" ,~" ,""" ::.: ~ 4 '! ,q'H..,lli.~'f-~ -: J ~.~. ~;o' : t' .,.:: :H!-' I'\. J.J.. 1,1' NHlHr~fsr,(TF$ Q::~I"I'II..I".... ' t,t.' ,\NJGHTfN6ALE I.sECCWDAJJDt7lOHI/),,:~TI ~,l ,- 'f~4'J I l~ ."I '1';'0 4.. , . ~~ I ,5 II~. OAKVIEW ~~~,r ,~.~.~\,~,;Q'}..">01l .. :' ., ~ t-- ~ST.ir~S NIGHT'INf~LE ," ". .;: I l:i~." "'~,. ,".~~ ,.' ~~, I"" I , I' ES~TIif"S J 13 . l J ". MIDDLF . I' . ~ ' r.S'< I' ' ., I. . .' . ". , ,,", >< ~ 1 J'RD. I . ~;.. ' : .: -I 1<<10'00<.1 """ ''', '. ~O". ~!'V-..... 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'...'r' l,......:.J=-.~ r:;i.;..1"'!!.J.::.~ i,\:"~i..1j'\"':~ ...,:.).~ (5) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 15. 2001 AGENDA SECTION ORIGINATING DEPARTMEl~ Consent Item Scott Erickson,~ Lf. Engineerin ITEM NO. Order Plans & Specs/98-20/Bunker Lake Boulevard NW Underpass INTRODUCTION The City of Andover previously received notice of the award of a $50,000 DNR trail grant to be applied to the construction of a pedestrian underpass for Bunker Lake Boulevard NW. The City Council has articulated the need for the improvement and expressed an interest in moving forward. DISCUSSION The City Council previously discussed the need for a pedestrian underpass for Bunker Lake Boulevard NW just east of the Burlington Northern Railroad tracks. At the April 26, 2001 Joint Council/Park & Recreating Commission meeting (see attached minutes), it was directed to move forward with the design of the project due to the deadline requirement of the DNR trail grant. This action directs staff to move forward with the project design in anticipation of funding being identified. BUDGET IMPACT The funding options for this improvement will be thoroughly reviewed by staff and the Park & Recreation Commission and presented to the City Council in the near future. ACTION REQUESTED The City Council is requested to approve a resolution ordering the preparation of plans and specifications for Project 98-20, Bunker Lake Boulevard NW Underpass. / j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-20 FOR BUNKER LAKE BOULEVARD NW UNDERPASS. WHEREAS, the City Council is cognizant of the need for the underpass; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Bunker Lake Boulevard NW Underpass, Project 98-20; 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 15th day of Mav , 2001 , with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk , ) ~ Special Joint City Council! Park and Recr~ation Commission Meeting Minutes -April 26, 2001 Page 2 (Discuss Bondingfor Parks/Trails, Continued) develaped. Mr. Davidsan again nated there are a lat af issues that need to be discussed befare he'd recammend going forward this type of financing. Mr. Erar stated his experience is that growing cammunities generally do. not rely tatally an park dedication fees for debt service. He'd prefer the planning be done. He also concurred with Mr. Davidson on using park dedication fees as the primary saurce of revenue to underwrite the cost oflong-term debt. Councilmember Trude noted in Shadowbroak, which was developed in. 1995, there still isn't any park improvements. That park dedication money was used elsewhere, and that is not the only neighborhaod in which that was done. At some paint she'd like to see the neighbarhood maney put into the system for that development; and thase neighborhoods who haven't paid to pay the tab. Mr. Erar agreed the park dedication fees are used to play catch up - what needs the mast attention naw. The City won't be able to rely on dedication fees as a permanent source of financing because some day development will stop and that revenue streain will dry up. Typically cities will either raise taxes or go out for referendums for park projects. Commissianer Blackstad pointed aut the capital impravements each year varies fram $30,000 to. $50,000, which is woefully underfunded to try to repair and replace existing parks in the City. The park dedication fees shouldn't be used to solve problems, but it should be coming from capital improvements. The dedication fees should be gaing to. the development that it came from or to. regianal parks. They have been getting farther and farther behind because the capital improvement money isn't there. Councilmember Trude felt a good question to. ask the residents in the survey is what is their vision af Andover's parks. Wauld they prefer regianal ar local neighborhoad parks? Commissioner Blackstad stated far years they were told the City didn't want neighborhood parks because there isn't enaugh manpower to. maintain them. Mr. Haas noted the capital improvements plan and priarities were submitted to the Cauncil in March. Next week the Park Baard will be getting an update an the financial status af the dedicatian fund. He painted aut there are no sketch plans scheduled for develapment in the year 2002, so there may be no park dedication fees for parks for next year. Discussion was on issues relating to a park improvement referendum, not wanting to. compete with a possible school referendum in the fall, and deliberating the possibility of a vote in conjunction with a sports complex that has been discussed. It was agreed to table this for now with the understanding that more information will be forthcoming with the establishment of a task force on a sports camplex. \ DISCUSS DNR GRANTS '. ) Mr. Haas stated he and Mr. Erickson met with Jon Olsen, Anoka County Highway Department, regarding the possibility of a signal at Sycamare and the entrance to Bunker Lake Boulevard. The county is concerned with that lacation because it daes not meet warrants because of its close roximity to the railroad tracks and to the intersectian at Prairie Road, which may possibly be ,. \ ) Special Joint City Council! Park and Recreation Commission Meeting Minutes-April 26, 2001 Page 3 (Discuss DNR Grants, Continued) signalized in the future. The grant money is only good until April 15, 2002, so the City must proceed quickly if it is going to be used. If a tunnel is built under Bunker Lake Boulevard to connect the City's trail with Bunker Prairie Park, the county is willing to assist with the site restoration. State aid money that could be used for the tunnel is tied up in the extension of Andover Boulevard. In further discussion, all agreed an underpass would be more reasonable than a signal, that it would be the best way to get the people across Bunker Lake Boulevard safely. It was also agreed to proceed with the tunnel quickly to take advantage of the DNR grant. Part of the funding will be political, agreeing the county should be approached for more support. Also, some of the funds allocated for trails that may not realistically be constructed this year could be diverted to this project. Mr. Dickinson was asked to come up with fmancing options. DISCUSS SELLING AND LEASING OF PARK PROPERTY Mr. Haas reported in reconsidering two parks for selling and leasing, the Park and Recreation J Commission has determined that both parks should remain as parks. The Cedar Creek Estates Park is heavily wooded, so it was agreed to preserve it as open space. Removing the restriction would cost $6,000 to $7,000, so the decision has been to do nothing at this time. The Council agreed. DISCUSS POSITION OF PARK AND RECREATION DIRECTOR Reference was made to Mr. Erar's-memo on the issue of the potential need for a Director of Parks and Recreation, recommending a strategic planning process that would lead to the identification of service related needs and desired policy outcomes before suggesting additional staffing. He stated typically it cost $1, I 00 to $2,500 for a consultant to facilitate the planning process, which consists of one or two sessions with a follow-up report. He also suggested if the Commissioners have any questions in mind to ask the residents, forward them to Mr. Haas so they can be used as a part of the survey being done. Several Park Commissioners agreed it would be appropriate to wait until a long-term plan has been established before going into a process of considering a Park and Recreation Director. Commissioner English felt the Park Board needs to talk about options, study Mr. Erar's memo and develop a plan of how to implement his suggestions. Possibly a consultarit would be beneficial to get a long-range strategic plan for parks and trails after a survey has been done and they receive the financial advice on the revenue stream for parks. Council agreed with that proposal, advising them authorization can \ be given for consultants or legal advice as they request it. '. ) I I I I I IiIi' ' -, "' ~ n -. '.,~; ".. , _' ,t~l,~<;' . I. . J, ~ o~~~~~'<<W/.2Jk':;q.%.ff. I:Tn;';:;;;::}?:};;nl'?)'.;::;;;" ~ " I!>'" N" z-xyu,~~~~~,"!'i(.Hb. ~~ r;:F:n1;;:;;':):;::';,'::,:,;;;;;;;:' ~l (,:. . .T. .~. ~ ~ ~'\. 'iiP\;;:~>j~"'.9,"""!f!'.("/.4lf#1. II;?,:;;;;;;!;:;;:; _ v' 1 ;j 1 '-I/9..~ '1,'. . 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"""' """" !IIIIII IIIlIIU I"I'U !"'II ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . / DATE: Mav 15, 2001 AGENDA SECTION ORIGINATING DEPARTMEN~ Consent Item -- Scott ErickSOn,~) ~. Engineering . ITEM NO. Award Bid/00-39/Chesterton Commons North 2nd Addition (Supplemental) INTRODUCTION Ashford Development previously petitioned the City for the installation of streets and City utilities for Chesterton Commons North 2nd Addition. DISCUSSION Ashford Development has filed their final plat, entered into the development contract and has paid all required escrows for this project. The bid opening for the project will be held on Friday, May 11, 2001. The results of the bid opening will be tabulated and forwarded for the Council's consideration. ACTION REQUESTED J Subject to acceptable bids being received, the City Council will be requested to approve and award bids for the street and utility improvements associated with the Chesterton Commons North 2nd Addition development. The results of the bids along with the staff recommendation will be forwarded to the City Council as supplemental information prior to the Council meeting. \ , ) CITY OF ANDOVER COUNTY OF ANOKA J STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-39 FOR THE CHESTERTON COMMONS NORTH 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 066-01 , dated April 17 , 2001, bids were received, opened and tabulated according to law with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with in the amount of $ 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 15th day of Mav ,2001 ,with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk '\ , I I ~N VM I- vn n~ 0':: tI) ltl,1 o ..- z..... -I- Z CJ ;I "I '<t Z~~. ~~ ~ (/)0 102: en <II ~~ l--.- ~F gg:=: ::J ~ it:Lo. rn d ~o d~~ 0 ~ . _ z 2021-0 Z a iii g ::t I ~ 0<:( I-~Cl ZeN ... X u. uo~~~ 2 t5:g II :~ W~ zz 6(11\.1..::> w ~ . 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I I r-- ,'>---<' \ \ \ \ ~ l : I J: 1 ,I 1 \ \ ...L. __..L--...L---....L---....L...--_ 1-------1 II I 1 \ \ --- - r 1 ,': \ ~ I I I I 'I -'__-- __ ---,----T---,-----! ...J I : " i----- \ ..--- r \ I I \ 1--------1 I I I \ \ I I I I I 1 I I I / : _--..\ \ I \ \: : t I l " "....--....- \ \ : \ 1 : _---1 ~--------1 I : / ~--- ....A \-__...1-----\ 1 __J.-- :: 1 I 1 / I ---- \, -:r - I 1-------., I / : ..._-- "_--- I _---I, I I , I __- _A \ __- I __---- 1 I 1 L.i..~_____~-___, // '>---'\ ~--- " J y-'" '. \ ......-\ ~--- ,...l ~ __- " ) j J-....I:!:.r=-~r=::I.~r:::::l~I!!!!III~_____na.~_ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Mav 15. 2001 i AGENDA SECTION ORIGINATING DEPARTMENTL-i;;~V Consent Item Scott Erickson~( ,/ b. Engineering ITEM NO. Receive Notice from Anoka County of Intersection Improvement Funding/CSAH 9 (Round Lake Boulevard NW) at CSAH 20 (15ih Avenue NW) INTRODUCTION Notice has been provided by the Anoka County Highway Department that the intersection of Round Lake Boulevard NW (CSAH 9) and 15ih Avenue NW (CSAH 20) has qualified for Hazard Elimination Funding. DISCUSSION The intersection of Round Lake Boulevard NW and 15ih Avenue NW was previously identified by the City as an intersection which is in need of improvements and signalization. The County indicated that this would bea project anticipated to be constructed in 2003. J As a side note, the westerly intersection of 15ih Avenue NW at ih Avenue NW is scheduled for reconstruction and signalization this year. BUDGET IMPACT Depending on the level of Hazardous Elimination funding, the City may have a financial contribution for this project. As this project progresses, City funding impacts will be identified once external funding sources have been finalized. ACTION REQUESTED With the Council's concurrence, we will forward a letter to the Anoka County Highway Department supporting this project. J COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT , 1440 BUNKER LAKE BLVD. N.W., ANDOVER, MINNESOTA 55304-4005 } ; (763) 862-4200 FAX (763) 862-4201 r-_. - ! , r-:. ..._/ I I I I April 9, 2001 I . .. -- i Mr. Scott Erickson, City Engineer e17' . CITY OF ANDOVER j i ~ 1685 Crosstown Boulevard NW Andover, MN 55304 SUBJECT: HAZARD ELIMINATION SAFETY PROGRAM - SIGNAL ANDOVER Dear Scott, Enclosed is a copy of the project I mentioned to you Friday, which qualified for Hazard Elimination Safety (HES) program. It is: CSAH 9 (Round Lake Boulevard) at CSAH 20 (157th Ave. NW) - Construction of a traffic signal with turn lanes, painted channelization and left turn phasing at the intersection of CSAH 9 (Round Lake Boulevard) and CSAH 20 (15ih Ave. NW) This project is scheduled for construction in the year 2003 in the County's Five- Year Highway Improvement Plan. I am in the initial stages of preparing the Project Memorandum for this improvement and would appreciate your review for any issues from the City's point of view, particularly right-of-way issues. Please give me a call at 763-862-4230, or contact me via email, kate.qarwood@co.anoka.mn.us with any of your concerns or comments. Thanks, Scott. Sincerely, ri!:~~HWAY DEPARTMENT Kate Garwood Multimodal Transportation Manager Enclosure ; Affirmative Action I Equal Opportunity Employer ',,- ;:., '.'..'::;:"- ':~ ":':';'-':">"::', ". a.. j .-: ,~?(:....- ;/v..' ...'../ ,. ~ HAZARD ELIMINATION SAFETY PROGRAM ANOKA COUNTY HIGHWAY DEPARTMENT CANDIDATE ~ CSAH 9 (Round Lake Blvd.) at CSAH 20 (157th Ave. NW) This project consists of construction of a traffic signal with tum lanes, painted channelization and left tum phasing at the intersection of CSAH 9 (Round Lake Blvd.) and CSAH 20 (1571h Ave NW). This proposed improvement qualifies,for inclusion in the Hazard Elimination Safety (HES) Program by having a benefit/cost ratio of 4.00. "- / '\ / .....,..-.............-. ._-. ......._..............._....................._...,.__....... .......................'.n..'..... ............ n......._"'.. Location Map CSAH 9 (Round Lake Blvd.) at , CSAH 20 (157th Ave.) rt: J r- ~ 1"1 q ~~ ~ ,....f-.tJ ~ - ~ra<. / .......'1 '- 1 + I t....'-.. ~~- -j fr"-\'J I I( I . g " '\, -:XI ", ) Dr' './ b., .....~.. "1 >:::\ ~ ~ ~r-",- _ .~ Q {! \f-.r': (..v oJJ O~-I"" .... ~} .<;) .. . .Q';' ~c:. -i- .1" : ( 6 r;..; \L") ~ '.~ J-l/.: ~ ~j . . ~"f ~I ....... :r- A ~( ~ 0 ~ ~' , "" ~ ~ ",'," ,.....~:r "y J:1- ~c J' , ~. . '~J. ~_t~~ ...{3 '-I -l., J ..t> r,..-' I ~ ....:u:a- '- JI-~,_ ~ ~ ~.c::: t<;.... ,. ""'-l.'\ 'P, ~""- _~~ -1 <9~ ----. 'J>.< . I .... ~IlW 'y N "";fw(l '{ )< )~ /~. . ~ ~- x 'x It: i:..JL. >< X XJX ~.J ~"lT.=<>!'\ . X\;." J ><~:x <2 'l.f' '<'M 'vx - a.Lr )C. ~ ~":;~~ ~~':Dl___ / \ 'X ~ 1)< )()('x >< X ~ / . X '~X)('- . x m' x~ ' · 'O/..X' Xx . m1. 1,( ,. . ~ ~ . . . l..i..~ ~i't ,'" ANW .>,..>.......~ '~';J:~IfLJ!"';~: ,~'!I~~~~~~t~~~~~JJ~~~II~ij~fl~ "'-~-'Iltl...,lfc. ..... ...... ~\ 1a04T1fUl_", ~. ...... . ....li!. . '. .... lkTlil!lJlit...... I02NDAv&:-J .. ~. ",-' /..,. ..... In 2.:~--; " ..' ~"---'>j,.j.; . ')>;>F-", ~tH.MiHW i . . . 1-leY'-I,~ .' . i'. ~ ..l!U!'!-II ttfL..! . .' . 1....T11 AVE NW .' . \~ IBX.~ ~T-~ I /.. . lHttIWM l _.___~ : : ~.: ,l.~ .-.... ....-. ..... . ..".....~.. .............. . . ANOKA COUNTY HIGHWAY DEPARTMENT ADT - 12.467 COLLISION DIAGRAM ACCIDENT RATE _ .66 SEVERITY RATE - 1. 76 / C. S. A. H. 20 ( 157th. AVE. ) @ C. S. A. H. Location: 9 (ROUND LAKE BLVD. ) c I U I 0 ...J I ...... U ::;; I C < ...J I == <Xl ...... U I ::;; I I c.. u " ...J I ...... '" ....... 0 <Xl I ::;; ...... <Xl c.. ~ ...... ::;; .0 <0 c.. <0 I ~ '" " "'- Il'l I ...... N 0 <0 ~ " ...... '" " It'l "'- C ~ ~ --0 " " e.S.A.H. 20 ~ N ~ 157th. AVE. ) . 0 I B u I ...J ....... Cl ....... ::;; > ::;;. c.. ...J a.. 0 <0 I O'l m <0 I U 0 0 I Il'l I I I ...... U U W Il'l ...J I I :r: ~ ...... <Xl ...... ...J ...J <C <C " ~ ::;; ...... ...... '" < -J '" " ::;; ::;; U'l ,., ~ N c.. a.. Cl ~ ~ ,., It'l U 0 I Z <0 ~ ~ I I ::) ~ '"" ..,. ...... ...... ...... 0 <0 <0 co a::: ~ en en "'- "'- ..,. ~ ~ "- "- "- '" ll'l ll'l - IotOWlG 1tnl1Cl..E ~ DEER - REAR END ..L PEOES1RIAN REV. 1/10/11 OJ<. ~ BACKING 1tnl1Cl..E ~ BICYCLE Date. TIme. Ught. Weather. Surface 1tnl1Cl..E OUT .. SEVERITY CODE COLUSlON Vll111 '\ --a FIXED OBJECT 1RlU OF CONlROL UGHT WEA 111ER SURFACE , )~ SlOE SVllPE -1 LEFT TURN INTO o Prcp.-ty Damag. SAIotE DIREcnON ON COIotING lRAf'l'lC l- Ught SIDE SVllPE RIGHT ANGlf: On- Dawn C.. Cloudy D- Dry @ PoaIbIt Inpry :=:l....C OPPOSITE DIREcnON t Ou- Dusk R- Rain W- Wet @ Nan-lncapGcltotlng Injlry D- Dark S- SnowjSleet S.. Snaw/lce 0 InCGpacltaUng In)lry 12:1 PARKED ItnlICLE 0 FIXED OBJECT X- Unknown X- Other jlJnknown X.. Other I Unknown . Fatality '" ., ~.' ..',- .. ,~- . ,.. . . .., ~~ . - .... . ' - .- .'. . ". . .... '.. ACCIDENT IDENTIFICATION ANOKA COUNTY HIGHWAY DEPARTMENT ,- - . , ACCIDENT I ACCIDENT DATE SEVERITY NUMBER COPS) It! 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I . we -: : : : : : : Z< ::::::: WQ "" ~~ !z!z UJUJ ~~ ~~ 0.0::: ~a. -~ / " <i!-;-;-;a.: ,--,ZZZO ~---o::: u.<(aJOa. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Mav 15. 2001 I AGENDA SECTION ORIGINATING DEPARTMENTP-L.--- Consent Item Scott Erickson, cPL-. 7~ Engineering ITEM NO. Citizen Concerns - Crosstown Boulevard NW Traffic INTRODUCTION Mr. Tony Howard (2119 - 156th Avenue NW) addressed the Council during Resident Forum and indicated a concern of construction related traffic along Cros~town Boulevard NW at the location of the new high school site. DISCUSSION Staff has reviewed this issue with the Anoka County Highway Department and the project manager for the School District. The resulting action will be the installation of advanced warning signs along Crosstown Boulevard NW, both north and south of the high school site. As a side note, additional signage and detours will be established for Crosstown Boulevard NW and Andover Boulevard NW when the intersection improvements are initiated later this , spring. ACTION REQUESTED No Council action is required regarding this item. cc: Tony Howard '\ / \ CITY OF ANDOVER f REQUEST FOR CITY COUNCIL ACTION DATE: Mav 15. 2001 AGENDA SECTION ORIGINATING DEPARTMENT1rv Non-Discussion Planning ~ ITEM NO. Variance 01-01 Courtney Bednarz 1540 158th Lane NW City Planner Gerald Windschitl Request The City Council is asked to approve the following variance request of Gerald Windschitl on property located at 1540 158th Lane NW (PIN 12-32-24-33-0013) as follows: 1. To vary from the front yard setback to reduce this setback from 35 to 30 feet. 2. To vary from the wetland buffer setback to reduce this setback from 16.5 feet to 8 feet. The subject property is zoned R-4, Single Family Urban Residential. Background The Planning and Zoning Commission voted 7-0 to approve the variances as outlined above at the May 8, 2001 meeting. The commission modified the resolution to include language that requires the future house to be located as indicated in Attachment B and to clarify that the front yard setback would be granted because of the reduced front yard area resulting from the location of the lot on a cul-de-sac. Please see the attached minutes for more information. Attachments . Resolution . Planning and Zoning Commission Minutes - May 8, 2001 . Planning and Zoning Commission Staff Report - May 8, 2001 " f / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE VARIANCE REQUEST FOR GERALD WINDSCHITL TO VARY FROM THE WETLAND BUFFER SETBACK PROVISION OF ORDINANCE 114 AND THE FRONT YARD SETBACK PROVISION OF ORDINANCE 8 ON PROPERTY LOCATED AT 1540 158TH LANE NW. WHEREAS, Gerald Windschitl has petitioned to vary from the 16.5 foot wetland buffer setback provision of Ordinance 114 and the front yard setback provision of Ordinance 8 for property located at 1540 158TH Lane NW legally described as follows: Lot 8, Block 2 Chesterton Commons North WHEREAS, the City Council finds that the location of the cul-de-sac and resulting front yard setback reduces the buildable area near the front of the lot where a home would typically be constructed, and; WHEREAS, the orientation of the wetland and resulting wetland buffer setback reduces the buildable area near the rear of the lot, and; WHEREAS, the combination of these factors prevents the construction of a house on the majority of the property. The buildable area that remains does not provide sufficient space to locate a single family home. WHEREAS, reducing the width of the buffer strip is not contrary to the intent of the wetland buffer ordinance. The wetland will be protected as required by Ordinance No. 114 during construction. An adequate distance will be maintained to provide a buffer strip for the wetland. WHEREAS, reducing the front yard setback to 30 feet is not contrary to the intent of the ordinance because only a small portion of the garage will extend into the typical front yard setback, this variance is necessary to allow adequate distance between the rear wall of the house and the wetland, and the reduced front yard setback, because the lot is located on a cul-de-sac, will not cause the house to be out of character with the neighborhood nor will it reduce the front yard to a noticeable degree. ) J NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: 1. A wetland buffer setback of eight (8) feet, and; 2. A front yard setback of thirty (30) feet Subject to the following conditions: 1. The house shall be a modified two story design located as indicated on Attachment B. Adopted by the City Council of the City of Andover on this _ day of 2001. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk ) ~,gti'o--.....IUt.- ~~~~ I l:,a-_.:::r ............ .... '.' . ------" .. - ...... ..,. \ .... ----- Attachment A Recent Example , , , I Wetland buffer reduction \ In Woodland Oaks Development Wetland buffer is indicated with dotted bana around wetland on right side of page A portion of wetland buffer was eliminated to accommodate building pads for Lots 7 & 8 .... I. " (. /... / .... \ ...... '. / / \ / \/ / "- 'If\' '/1\' '. .... - - - - -' , .- -- ------ ""~ - .... \ , .... \ -L ..... "- 1---, "- I '\ ,.........,~.... ~.., ::0 r-- ...m,... ( . o!::4\:t7 , ",,,,'" \.. . Sl"'''' I Attachment B I -.:, ~~S; m~ -..:: :!fa qr; 3'" -- . - ;lO i~ f "i ~ . ~ " Q. ,S\ N ~ . - -"'- ~ \ [f\ ).. IJ\ \J (1l :t ~ [i1 - ':t ~ i ~ 1 ll' I l\l I I ! ! ", I I N \'oJ ~O 0 -- .-> --z;.. CO rT N '2 -I .-> CO' . Ir::.. ~.-> \D N v" .....1. !,.- a Vl N .-> '-l (Jl '0 Ul, ~i~. Ow ..,.. ./>. -> r' 0 :1 ~ :::E --- '\.;.. \ \ -U'L9 ..0>c9 \ -;::::--- :/-\ \ 3..l ~S: l.tOS ()~C). -z. \ 1 ~ ~!-~ \ v 0)__\ . o\.S \ ~ 00 "q"q. \ - !,?,- \,.)0 \ . - \ \ U\ ~ U'n ,,\ "" .. I . \!\.-i\ \ \\)0, 1 ~~......1 \ ~ ~ lP\ . ~ \ \-; :a7.~ \ v:2.l-~ ~T ) '1"l'\4 .. , ,/" \ aQ 38.: .- \ . I l.- .-~0~ -' \ .... 'Q - --- ~ ~L:~~C;()~ \ \/ ~~F= { I C>~'" I ",,,,'" I Attachment C '- Ea sn; ~ ~~~ -.:: '" ::;;c: q S!:: . . ... 0f ~ i~ - \ ..., ~ "" Q. ~ 0 \ ~ ... \ 1- _ . 1 . - ....\11.... ~ \ \J ~ I I 'J I , -A ~ I ( I I N to 30 0 -' rT -z;.. CO N Z --l OJ' .-.> ~~ ~._. to N J'.. d l;J / LJ'" . (J1 ~ .-> './ '0 (j), H~. "CD .p. ~ ~ 0 I" " ~ ~ :::::::-=- - '\; 0 1 \ "\ -tVL9 ,V}0v I ' S ~() \ '~ ----- \ 3 L L ~ VvO ().'2/ -Z ~J. ~ ~ --- \ n' 0) ~.. -Ct.1l \ "," cPA \"~ . o\,.S \ _ /)'/ C:;O\ ~ ~'V . \ \ U\ . t?,~ ; 'Z1 .. I - \ \ \? ~ VlO\ ~ 1 t!\.~\ \ 0, ~ ~ '--l \ ~ ~ t.9\ . 0-- - \-" 19--- \? \ ~ ~ L-J'-- . ::::~ \'--l 9 ~ \ v '/' ~~ "T )V' '/f"tI ..\,.:- .. " ./ \ ;2 --- \ . --- '\ --- <a \ ...- '1 - <~_...... """0 '{.; ~ ~L-:~~c;O~ \ \/ ~~F= I I =~tl:I 1"'l:l'C"JI'"" I '- . !ll~15 I Attachment D ...:, "'''':2: ~ ~"';;:: '- ";C: qr; . ~:: . ~ [~ f. / -I \ ~ -\ Q. J' 0 N \ ... . ~. - 't>, ~ \ ~ \) ~\ ~ s 00'52'20" I <,?!3( I I I 'JI ! -A/ I ~JO) j ~ /.0 I 0/0 -~.I 0 ( . I ~ /. I N t-:J 30 0 .-> rT '1- (XI N .z -..\ , .-> OJI / ~? Ii":::.. <D N 0' -l. Ii ~- . VJ 0 to-:> ? '-l (Jl '0 0\ ~i~. OlD ..,. ./'--- ('I 0 " ~ I - - U\~ .. I [ \)) ;::;"7I.~ 'I'l'l-I .l-~~ ~T \ iJ 0 38. / \ . . I ~--- -' \ - '1 --- ~ ~L:~~<;a--- I J PLANNING AND ZONING COMMISSION MEETING -MAY 8,2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on May 8, 2001, 7:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Lany Dalien, Douglas Falk, Tim Kirchoff, Mark Hedin, Dean Daninger, and Rex Greenwald. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. / April 24, 2001 Motion by Daninger, seconded by Dalien, the Minutes be approved as presented. Motion carried on a 6-ayes, O-nays, I-absent (Hedin) vote. Commissioner Hedin arrived at 7:02 p.m. VARIANCE (01-01) - VARIANCE TO ORDINANCE NO. 114 WETLAND BUFFER - TO REDUCE THE WETLAND BUFFER SETBACK TO ALLOW THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON PROPERTY LOCATED AT 1540 158TH LANE NW (CONT.) - GERALD WINDSCHITL. City Planner Courtney Bednarz explained that the Planning and Zoning Commission is asked to recommend approval of a variance to the wetland buffer setback to allow a house to be constructed on a vacant property in Chesterton Commons North development. He stated that the subject property was created with the Chesterton Commons North plat in 1999. He mentioned that a IS-foot variance to the 100-foot buildability requirement was given to this lot at that time. He also mentioned that the property is zoned R-4, Single Family Urban Residential. " Mr. Bednarz stated that the Wetland Buffer Ordinance was adopted in 1996. Since that / time, the wetland buffer strip has been reduced to accommodate residential developments Regular Andover Planning and Zoning Commission Meeting Minutes - May 8, 2001 Page 2 / on several occasions, the most recent being the Woodland Oaks development. He stated that as indicated in Attachment A, the wetland buffer strip was reduced to allow sufficient space to construct houses. Mr. Bednarz explained that the Commission previously indicated that the style and location of the house should be finalized before recommending a course of action. He stated that staff has worked with TH Construction to determine the best design for the property, in addition a modified two-story house similar to houses located on either side of the property was selected, as indicated in Attachment B. He went on to explain that the design would require a variance to the wetland buffer setback to reduce the buffer strip to eight feet in width. In addition, a variance to reduce the front yard setback from 35 to 30 feet would also be needed. He also went on to mention the reason this particular design was recommended as stated in the staff report. Mr. Bednarz explained that also included in the staff report are alternate designs as requested by the Planning Commission for comparison. He went on to state that Ordinance No. 10, Section 17 provides procedure for reviewing variance requests, furthermore as part of the reviewing request, undue hardship resulting from the topography or other physical conditions must be documented. He went on to state the findings that are presented in the staff report. Mr. Bednarz explained that staff recommends approval of variance #01-01 to reduce the wetland buffer setback from 16.5 feet to 8 feet and reduce the front yard setback from 35 to 30 feet. Commissioner Falk questioned how concrete the house plans really are. Mr. Bednarz stated that the builder submitted the house plans. Chair Squires suggested adding language to the resolution that the construction is consistent with the footprint in Attachment B so it isn't just a generic variance. Commissioner Dalien questioned if this house would require an additional variance for a deck. Mr. Bednarz stated that a deck could be located on the west side of the house without a variance. Commissioner Hedin commended Mr. Bednarz on a job well done when putting together the staff report. Commissioner Daninger questioned if the variance weren't granted and a house was built what would be the disadvantage of the lot. Mr. Bednarz stated that if that were the case the value of the lot would drop significantly. He stated that the City had previously '\ approved the residential lot and that a variance would need to be granted to permit ) reasonable use of the property. Regular Andover Planning and Zoning Commission Meeting Minutes - May 8, 2001 Page 3 / . Commissioner Dalien stated that if the value of the land were to diminish then someone would eventually quit paying the taxes and after some time the City would probably take ownership of the property as a park. Commissioner Dalien moved to approve the resolution, however amending the sixth "Whereas" paragraph to include the following language after the word "and" in the 4th line, "because the lot is on a cul-de-sac. . . ". Motion by Dalien, seconded by Hedin, to recommend approval to the City Council of Resolution No. _ as amended, approving the variance request for Gerald Windschitl to vary from the wetland buffer setback provision of ordinance 114 and the front yard setback provision of ordinance 8 on property located at 1540 158'h Lane NW, subject to the following conditions: 1. A wetland buffer setback of eight (8) feet, and; 2. A front yard setback of thirty (30) feet. 3. That construction is consistent with the footprint in Attachment B. Motion carried on a 7-ayes, a-nays, a-absent vote. Mr. Bednarz stated that this item would be considered at the May 15,2001 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Commission relative to Council actions on planning items. Mr. Bednarz reminded the Commission that there will be a joint meeting with the City Council immediately following the May 22, 2001 Planning Commission meeting. He stated that information regarding the joint meeting would be included in the packets. ADJOURNMENT. Motion by Kirchoff, seconded by Hedin, to adjourn. Motion carried on 7-ayes, O-nays, 0- absent vote. The meeting was adjourned at 7:18 p.m. Respectfully submitted, Sara Beck, Recording Secretary TimeSaver OjJSite Secretarial, Inc. / CITY OF ANDOVER J Request for Planning and Zoning Commission Action DATE: May 8, 2001 AGENDA SECTION ORIGINA TING DEPARTMENT Discussion Item Planning ITEM NO. Courtney Bednarz Variance 01-01 City Planner Wetland Buffer Setback (Continued) 1540 158th Lane NW Gerald Windschitl Request The Planning and Zoning Commission is asked to recommend approval of a variance to the wetland buffer setback to allow a house to be constructed on a vacant property in the Chesterton Commons North development. This item was first reviewed at the April 28th meeting. J The subject property was created with the Chesterton Commons North plat in 1999. A 15 foot variance to the 100 foot buildability requirement was given to this lot at that time. The property is zoned R-4, Single Family Urban Residential Applicable Ordinances Ordinance NO.114 (Wetland Buffer) Ordinance No. 114 requires principal structures to be located at least 16.5 feet from the delineated edge of wetlands. This is a local ordinance that was adopted to help protect wetlands from erosion as well as to reduce sedimentation and infiltration of chemicals. This ordinance was adopted to address local concerns and is not a requirement of the 1991 Wetland Conservation Act. It is important to note that the wetland buffer ordinance was created to address impacts that may be caused to wetlands during construction when loose soils and bare ground can contribute to sedimentation and increased runoff transmitted directly into the wetland. The wetland buffer ordinance was intended to provide a strict building setback. The ordinance provides flexibility to allow a , more narrow wetland buffer to protect the reasonable use of land. I Additional Information The Wetland Buffer Ordinance was adopted in 1996. Since that time, the wetland buffer strip has been reduced to accommodate residential developments on several occasions. The most recent example is located in the Woodland Oaks development. As indicated in Attachment A, the wetland buffer strip was reduced to allow sufficient space to construct houses. Prior to 1996, many homes were constructed near the edge of wetlands throughout the City. The City has a long history of promoting buildability of land partially due to the fact that the City has a relatively high water table and many areas with soils that will not support construction. Proposed Location of House The Planning Commission indicated that the style and location of the house should be finalized before recommending a course of action. Staff worked with TH Construction to determine the best design for the property. A modified two story house similar to houses located on either side of the subject property was selected as indicated in Attachment B. This design would require a variance to the wetland buffer setback to reduce the buffer strip to eight feet in width. A variance to reduce the front yard setback from 35 to 30 feet would also be needed. This design is recommended for the following reasons: 1. Eight feet is preserved between the rear wall of the house and the wetland. This distance is adequate to protect the wetland during construction and establish a permanent buffer strip once the construction has been completed. 2. The building pad utilizes the buildable area on the east side of the property. 3. The west side of the property can be maintained as useable yard space. 4. The house fits the character of the neighborhood in that the style and location of the house is similar to the house to the east and steps back toward the house located to the west. 5. Only a small portion of the garage extends into the front yard setback. With the curve of the cul-de-sac this encroachment will not be noticeable. 6. A deck can be constructed on the west side of the house to maximize the benefits of both the useable yard space and views of the wetland. } 7. A front porch can be constructed to utilize the space in front of the house. Alternate Designs \ The Planning Commission also asked to see alternative designs for comparison. ' / Attachment C indicates the same style house with a front yard setback reduced to 25 feet. In this scenario the distance between the rear wall of the house and the wetland would be twelve feet. This design is not recommended because it reduces the front yard setback more than is necessary to locate a house that will fit the property. If this variance were granted it could be used as rationale for similar variances that are not necessary in the future. Attachment D indicates a building pad that utilizes all of the buildable area of the subject property. Eleven feet could be maintained between the rear wall of the house and the wetland. No variance from the front yard setback would be necessary. This design is not recommended because; 1. The size of the house and/or garage will need to be reduced from previous designs to meet the side yard setbacks. In this example, the garage width is reduced to 26 feet. 2. No front entry can be constructed without requiring a variance from the front yard setback. Without a front entry, the functionality of the house is adversely affected. 3. The only yard space of significant size would be located in the front yard. , 4. The additional three feet of space between the house and the wetland as compared to the recommended design is not necessary and does not warrant reducing the size and functionality of the structure and yard. Variance Process Ordinance No. 10, Section 17 provides procedure for reviewing variance requests. As a part of reviewing this request, undue hardship resulting from the topography or 'other physical conditions must be documented. The following findings are presented for this purpose; The location of the cul-de-sac and resulting front yard setback reduces the buildable area near the front of the lot where a home would typically be constructed. The orientation of the wetland and resulting wetland buffer setback reduces the buildable area near the rear of the lot. The combination of these factors prevents the construction of a house on the majority of the property. The buildable area that remains does not provide , sufficient space to locate a single family home. ) \ Reducing the width of the buffer strip is not contrary to the intent of the wetland J buffer ordinance. The wetland will be protected as required by Ordinance No. 114 during construction. An adequate distance will be maintained to provide a buffer strip for the wetland. Reducing the front yard setback to 30 feet is not contrary to the intent of the ordinance because only a small portion of the garage will extend into the typical front yard setback, this variance is necessary to allow adequate distance between the rear wall of the house and the wetland, and the reduced front yard setback will not cause the house to be out of character with the neighborhood nor will it reduce the front yard to a noticeable degree. Recommendation Recommend approval of variance #01-01 to reduce the wetland buffer setback from 16.5 feet to 8 feet and reduce the front yard setback from 35 feet to 30 feet. Attachments Resolution Attachment A Recent Example Attachment B Recommended Design , Attachment C Alternative 1 Attachment D Alternative 2 \ J @ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Anoka County Sheriff Department Monthly Report DATE: May 15,2001 INTRODUCTION Sergeant Shelly Kazimer from the Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover with an update on law enforcement activities occurring within the City. DISCUSSION To be verbally presented. ACTION REOUIRED For Council information. Cc: j ~ CITY OF ANDOVER REQUEST FORCOUNCILACTION ) DATE: May 9 2001 AGENDA SECTION ORIGINATING DEPARTMEN~ f-- Discussion Item Frank Stone, Public Works / () . Superintendent ITEM NO. MN Department of Health Presentation! Drinking Water Standards Karla Peterson and Bob Smude from the Minnesota Department of Health will be attending the May 15 Council Meeting to give a 15 minute presentation informing Council and residents of changing regulations for arsenic and radium levels. They will also be available for questions. , J CITY OF ANDOVER ) REQUEST FOR COUNCIL ACTION DATE: May 15.2001 AGENDA SECTION ORIGINATING DEP ARTMEN~ ' Discussion Item Planning ITEM NO. /1- David L. carlbeR- Public Hearing: Community Development Director Vacation of Easement 01-01 3982 146th Lane NW Niemann Request The City Council is requested by the City Attorney to vacate a drainage and utility easement on the property located at 3982 146th Lane NW. The property is legally described as Lot 26, Block 1, The Meadows of Round Lake. Back2round The vacation request is a part of a settlement of a lawsuit with Mr. David Niemann (Niemann v. City of Andover). Mr. Niemann brought the action against the City on behalf of the Estate of Vivian Niemann, his mother, to contest the validity of a drainage and utility easement across the back of his property. Said easement is in favor of the City and is for the benefit of an adjacent parcel located at 3994 146th Lane NW (Lot 27). The easement was dedicated to the City by the original owner of the lot, Nedegaard Construction Company, Inc. Nedegaard also owned Lot 27 at that time. Originally, Lot 27 was graded for the construction of a "look-out" house. However, the buyer of Lot 27 entered into a purchase agreement with the understanding that they could construct a "walk-out" home. Since Nedegaard owned both lots at the time, the grading of the lots were modified to accommodate a "walk-out" house. The City required an increase in the size of the drainage and utility easement on Lot 27, as well as an easement on Lot 26 to accommodate the change in house style. Nedegaard conveyed the easement to the City on Lot 26 by a Quit Claim Deed on October 18, 1996, the same day of closing with Mrs. Niemann. The Quit Claim Deed was to be recorded by Nedegaard's title company prior to the recording of the closing documents of Mrs. Niemann's. However, the title company failed to record the deed conveying the easement until a later date (December 23, 1997). , J , The question of the lawsuit is whether the City can enforce an easement given to the City by Nedegaard on the same day of the closing with Mrs. Niemann. If the City cannot demonstrate that Mrs. Niemann had knowledge of the easement, the easement is not enforceable. Mrs. Niemann passed away in January, 1999. According to her son, Mrs. Niemann was unaware of the dedication of the easement. EDl!:ineerinl! Department Review Through discussions with the City Engineer and the City Attorney it was determined that the overlaying easement (Doc. No. 1313778) is not necessary for storm water ponding and is not a part of a municipal storm water conveyance system. The easements along the property line will remain as originally platted. Staff Recommendation The City Attorney recommends approval of the vacation of easement. By vacating the easement, Mr. Niemann will dismiss his lawsuit without cost. Attached is a resolution for Council adoption. Attachments · Resolution for approval · Area location map · Site location map · Notice of public hearing , I CITY OF ANDOVER \ COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO. R -01 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF THE CITY OF ANDOVER ON BEHALF OF DAVID NIEMANN TO V ACA TE A DRAINAGE AND UTILITY EASEMENT ON LOT 26, BLOCK 1, THE MEADOWS OF ROUND LAKE. WHEREAS, the City of Andover has requested to vacate a drainage and utility easement located on Lot 26, Block 1, THE MEADOWS OF ROUND LAKE, legally described on a Quit Claim Deed (Doc. No. 131778) recorded on December 23, 1997 as follows: That part of Lot 26, Block 1, The MEADOWS OF ROUND LAKE, which lies easterly of a line drawn from the most westerly comer of said Lot 26, Block 1, to the most westerly comer of Lot 25, Block 1, THE MEADOWS OF ROUND LAKE. Which lies southwesterly of a line beginning at a point on the northwesterly line of said Lot 26 distant 114.00 feet southwesterly of the most northerly comer of said Lot 26 and extending southeasterly to a point on the southeasterly line of said Lot 26 distant 132.00 feet southwesterly , of the most easterly comer of said lot 26 and said centerline there terminating. WHEREAS, the City of Andover is vacating said easement as a part of the settlement of a lawsuit being brought by the property owner, David Niemann; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 15th day of Mav. 2001. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk '\ , ) , VER r- ~ '''..............~......] jJ....... I rv> a:: ,. .. .. ..... <.. .' . . ......... ue - -l- --S- ~ - - ... - - - - - - -Ig - - .. - :?;~~!....... ...... ..... ?:j':\} I W E S 5 ~ r 4..J .. .. .. . .. .... .. ......... .. .. .. .. .. . .. .. .. .. .. .. .. .. .. . . it: :::::::::::::::::::::::::::::::::.;.:.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: '"I . I ~ 3 .. .. .... .. .. .. .. ........ . ..... ... .. ... .. . . .. .. .. .. .. .. .. ) I ., J I . {II Locat"i~~;'::M'~'~':;;r~rfm~ )!II ST AVE. 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'" 0 at. ../ 'j..p I I I -.... 3:s c>\" 1lI'O 'J. ~,.2 ARE'" t.~ _-.......... / {I pc~.. 9 ~'\ ~~<::!J .;." GR."'O~" / ,.lr'I"L->,,> I, ~ o..'\~ c.. <::> .. " " "" 87~';A f\\,\V -J .Y '>C.... ""'(.1 '1'.> f'o '\ / -~-__L~ ~ ~~ IS'~A. '\ / / "J ' ~,\ \ 'J~ '\ / / .... ""t'\. ,~ /? \ x 87J.8 " V"" IS' /1 \. '_f IS' / , x\. 87J.7 (/ /" D~-v",A. ~ / -:'n" ~ PeR ~ cl- U1l x 875.4 \' -" \ DOC 'l.1l'r \ '\<:) ""\.-- 'l\.. . No. 73 ti4.StMt. <:>~" __ 7J778 N'J'.... \ ..." -- ........ ~ ~,,-- \ --- \. "1. " -- , ~ ~ '\ ---- \ \. ~" ,,)( 877.4 -- --1 ./ '.: ~VJ': '\ ><~.-'!' l ~ ./- ~& " ./ 'A_, ~ /./ . -"..>:./ . '" '\../ + ,,-itj'. \) ",. <\ X <> "'\' " v <9.> ~" x 870.'l- D ^ -) Il' I "h, \. , , J DEe 132 '99 15:46 612434 7646 PAGE. 131 . Publicatibn dates: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ! DATE: May 15. 2001 AGENDA SECTION ORIGINATING DEPARTMEN~ Discussion City Clerk ~ .\JflJ ITEM NO. I/). Consider Resolution/Participation in LMC Building Quality Communities The League of Minnesota Cities has launched a public education campaign called Building Quality Communities to enhance the perception of Minnesota cities and increase citizen trust and participation in their local government. They have requested that council adopt the attached resolution. The cities of Coon Rapids, Champlin, Ramsey and Ham Lake have adopted the resolution but have done nothing further with this program. I. , - Attached is information from the League's web site regarding this program. Attach. , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION COMMITTING TO "MINNESOTA CITIES: BUILDING QUALITY COMMUNITIES" STATEWIDE EDUCATIONAL EFFORT WHEREAS, the top values and priorities of citizens include safety, family, job opportunities, health, the well-being of children, and recreational opportunities; and WHEREAS, many of the services cities provide directly enhance those citizen priorities; and WHEREAS, the connection between city services and how they benefit citizen priorities and concerns is not always understood by citizens; and WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media and citizens understand their governments through open and frequent communication using various avenues and means; and WHEREAS, it is important to encourage citizens to actively participate in city government, to share their views, and to work in partnership with city officials to ensure that the needs of the community are met; and WHEREAS, partnerships developed between citizens and city officials can result in greater understanding of the connection between Minnesota's high quality oflife and the services provided by Minnesota Cities, as well as in greater trust by citizens in the efforts of their city government. NOW THEREFORE BE IT RESOLVED that the City of Andover hereby declares its commitment to join in the "Minnesota Cities: Building Quality Communities" statewide educational effort in cooperation with our fellow members of the League of Minnesota Cities. We hereby designate the City Clerk as the City of Andover's key contact for this effort, and will inform the League of Minnesota Cities of this designation. Adopted by the City Council of the City of Andover this _ day of ,200l. ATTEST: CITY OF ANDOVER / Vicki V olk - City Clerk Michael R. Gamache - Mayor BQC FAQ Page 1 of7 IsearCh Tools . Do you have questions about the Building Quality IQUiCk Links Communities educational campaign? Many i.;'~r^ ",.,;,,,...w2 frequently asked questions and answers are listed ~.. ->~ - "-'~--"' below. If you don't fmd an answer to your question, ~uilding Wiii)Fflil U!x(:Jtx@ please contact Laura Petersen, BQC Coordinator, communltie ::f'liG[~?,,DUJ:n:cJ at 651-215-4031 or Ipeterse@lmnc.org. wh ere ... ::z:r.0.;~:'{::!."1':~a~ Table of Contents ::i'~~'.i~'" . ',,^\;j What is Building Quality Communities and why ifmB:E!1G8 did the League of Minnesota Cities undertake this effort? }.';?:~~ ~:~.f~Y~~{fJ1 (("~': '",";>"' ~~_ - What are key messages and how do I use them? . . . b~lSJ. :". e..:f .~-,,",d=~.s 0,""" tfJ17t'C What research supports the key messages of this effort? ..g What benefits would my city or citizens get from ..................;...1,.;..:.........._..............'......................'....................................... participating? it. .. , , :i%~;::~,,"~:,':"'<'?"'>'";.~~,<~<~''''"'<~''?''; . How can my city participate? Is it easy to participate? How are other cities participating? How many cities participate? Can I talk with other city staff about this effort? How much does this cost cities? Answers What is Building Quality Communities and why did the \ ~ League of Minnesota Cities . 'J1outt; undertake this effort? mvo '{em In Minnesota and across the nation, more and more _........._1..... 1.............. __.................. ................:.......1 ...t.........~+ +1........:_ ,............,.__........+ http://www.lmnc.org/bqc/faq.cfm 5/101200 I BQCFAQ Page 2 of7 l'l;;UPU::; lld.Vt:i blUWll '"'11111.,;111 i1UUUL ll1lf;;ll !;UVC;111111taU, questioning its effectiveness and doubting its commitment to serving people. Fewer people are / voting in elections, even those close to home. This disengagement and apathy towards government weakens our representative democracy and ultimately weakens our communities. The League's Board of Directors also noticed increasingly negative rhetoric about city government and officials by more and more legislators. State policy leaders don't often think of city officials as partners in serving Minnesota's citizens. And more legislation is introduced that would decrease the authority local elected officials have in building and guiding their community's futures. Two years ago, the Board undertook a research effort to fmd out how cities are currently perceived, how residents and key influencers, like legislators and media, view their quality of life and how cities can work together to reinvigorate participation and pride in public service. Called Building Quality Communities, the effort is an educational campaign with a mission to: Enhance the perception of Minnesota cities and city officials. Reinvigorate and increase citizen involvement in city government. Reinstill a sense of pride in public service, inspiring young people to seek careers in city government. back to top What are key messages and how do I use them? Key messages are phrases or words that represent the main ideas an organization wants to express to its audience. They form the foundation of a communications plan. They reinforce what your audiences believe about the issues you highlight, or they might counter your audiences' current beliefs ) and work to change their opinions. The BQC key messages: http://www.lmnc.org!bqc/faq.cfm 5/10/2001 BQCFAQ Page 3 of7 Cities.. . / ... work for safe neighborhoods ... create economic vitality ... provide opportunities for all citizens ...value children and families ... encourage citizen involvement in community building ... foster pride in community ... work in the interest of citizens ... plan for the community's future These key messages reflect the values and priorities of Minnesota residents, legislators and other opinion influencers as found by our research efforts in 1999. back to top What research supports the key messages of this effort? In April 1999, the Board hired the public relations firm of Russell & Herder to obtain candid feedback from legislators, media and citizens, and to conduct the necessary time-intensive research. It should be I noted that the research conducted was qualitative in nature and has been used to determine general opinions regarding quality of life and city government. It is not intended to statistically represent the entire state's opinions on these issues. Russell & Herder interviewed 20 key influencers, which included legislators, reporters and editors, and leaders of organizations that regularly work with cities, such as tax groups, chambers of commerce, and housing and transportation groups. The researchers also conducted citizen focus groups to hear how citizens view quality of life and what "community" means to them. Two focus group sessions were held in both of the cities of Maple Grove, a western suburb of Minneapolis, and in Grand Rapids, a city of 8,500 in northern Minnesota. The research found that both citizens and key influencers easily see a connection between their \ high quality of life and the services city I governments provide. Specifically, the legislators, media, and other key leaders believe that Minnesota communities enjoy good or excellent quality of life relative to other states. Safety is the most common http://www.lmnc.orglbqc/faq.cfm 5/10/2001 - BQCFAQ Page 4 of7 - and one of the most important aspects of quality of life for this group. Other top aspects include job I opportunities, recreational opportunities, and a strong sense of community. back to top What benefits would my city or citizens get from participating? [see the Building Quality Communities Benefits page for more information.] back to top How can my city participate? Your city can participate by first approving the BQC resolution, declaring your city's commitment to the effort and designating a key contact who will then receive communication tools and resources to implement the effort through various avenues like newsletters, editorials, speaking opportunities. back to top Is it easy to participate? The League's communication staff has worked to make participating in Building Quality Communities easy by helping cities use all the ways they communicate with legislators, news organizations and residents. The Web site will feature articles, news releases, and other tools for you to download. The League also hosts a Discussion Group for city staff from around the state to share ideas and communication resources. back to top How are other cities participating? Cities throughout the state have been communicating the work of city officials and how citizens benefit for many years, but Building Quality Communities is a new, intensive effort to highlight the connection between the services cities , provide and the high quality of life we enjoy in ) Minnesota. Learn what other cities are doing in the section below and borrow their ideas. http://www.lmnc.org/bqc/faq.cfm 5/l 0/200 I BQCFAQ Page 5 of7 Brooklyn Park is featuring BQC messages in their newsletter and on their Web site. The city also has I set up a table in the lobby full of BQC information and other city information, have a banner posted in the council chambers, and purchased a double-page advertisement in the Brooklyn Park SunPost . newspaper outlining the concept to their residents. Burnsville ran this article in the city's newsletter and is submitting it to the local chamber of commerce's newsletter. Mankato incorporated the BQC logo in its latest Drinking Water: Consumer Confidence Report for 2000 (you'll need Adobe Acrobat to view the report) Plymouth highlighted the city's role in building their quality community by sponsoring a float in a recent community parade. Photos show kids dressed up in outfits representing city roles, like a police officer, firefighter, city engineer, and others. The float was decorated with three BQC posters. St. Cloud has wrapped the BQC effort into their new Community Issues department. As part of their efforts they've received excellent news coverage in the St. Cloud Times. They also sent out invitations to residents to participate in a Volunteer Recognition Open House last month. St. Paul Park ran an ad in their local paper using the BQC logo and wishing citizens a happy Heritage Days Celebration. Wabasha City Administrator Chad Shryock runs a regular column in the local newspaper. He incorporated the BQC logo and uses a key message depending upon the theme of the story. back to top How many cities participate? Since June, more than 200 have joined the Building Quality Communities effort by signing resolutions, using the logo and communicating their efforts. Search the BQC Database to fmd out if your city , or neighboring communities have signed on. I back to top - - http://www.1mnc.org/bqc/faq.cfm 5/1 0/200 1 BQC F AQ Page 6 of7 Can I talk with other city staff about this effort? , The League hosts a Discussion Group Listserv that allows city officials to share ideas and comment about efforts in their cities. It also allows us to provide you with communication tools like draft letters to the editor or press releases. The fIrst "e-mailing" went out in mid-November and focused on the coming Truth in Taxation Hearings, encouraging cities to promote this excellent opportunity to get citizens involved in the community's budget planning. back to top How much does this cost cities? The BQC education campaign is designed to be implemented using existing city communications avenues: the newsletters, press releases, Web pages, cable shows and community events that cities already produce or use. It's simply focusing efforts by using the same key messages as other cities and using the logo where appropriate. The logo is available in either two-color or black and white , versions depending upon the resources and needs of a city. back to top Do you have a question not answered here? Contact the Building Quality Communities team. Copyright CCiOOO League of Minnesota Cities 145 University Ave. West. St. Paul. MN 55103 Phone:651-281-1200 I Toll Free: 1-800-925-1122 Fax: 651-281-12991 roD: 651-281-1290 .' http://www.lmnc.orglbqc/faq.cfm 5/10/2001 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Mav 15, 2001 AGENDA SECTION ORIGINATING DEPARTMENTcl~ Discussion Item ~ J. Haas, Engineering /3- . David Carlberg, Community Development Director L- ITEM NO. Approve Joint Powers Agreement with Anoka Hennepin School District #11/01-2/New Ball Field Facility . INTRODUCTION This item is in regards to the new ball field facility that is being constructed on the parcel that is being purchased by the City west and adjacent to the new high school. As part of the development of the fields for use by the Anoka Hennepin School District #11, a joint powers agreement is recommended to be in place to establish an on-going agreement for joint usage of City and School District athletic facilities at this location. DISCUSSION / The Ball Field Task Force met on May 9, 2001 to review the proposed final draft of the agreement. Sections 3.1 and 8.1 were revised by the task force to include additional language, which is indicated in bold letters in the agreement. Both the City Attorney and School District Attorney have reviewed the joint powers agreement. Two of the three comments suggested by the City Attorney have been included. The third comment (which is in regards to Section 8) was not included per the School District recommendation. So, therefore, the task force discussed Section 8 at length and is recommending including the bold language in Section 8 as part of the agreement. Since the May 9th task force meeting, Section 2.2 has been modified in regards to the irrigation that needs to be extended from the school property to the new City ball field facility. Note: The Park & Recreation Commission has also reviewed the agreement. Their comments were forwarded to the task force at the May 9th meeting for review (see attached Park & Recreation Commission minutes). ACTION REQUESTED It is recommended by the Ball Field Task Force to approve the Joint Powers Agreement. If the agreement is approved by the City Council, the agreement would be forwarded to the Anoka Hennepin School District #11 Board for their approval. \ If you have any questions, feel free to contact City staff, either Dave Carlberg or Todd Haas. ) JOINT POWERS AGREEMENT This agreement entered into as of the date of execution by and between the City of Andover, a Minnesota Municipal Corporation, and the Anoka-Hennepin School District / #11, a joint power entity created by the City of Andover WHEREAS, the Anoka-Hennepin School District #11 will be locating a high school facility in the City of Andover along a portion of the west side of Crosstown Boulevard NW located in Section 27, Range 32, Township 24; and WHEREAS, the City of Andover and the Anoka-Hennepin School District #11 wish to establish an on-going agreement for joint usage of City and School District athletic facilities at this location; and WHEREAS, the parties to this agreement have authority pursuant to Minnesota Statutes, Section 471.59, to jointly and cooperatively by agreement exercise any powers common to the contracting bodies pursuant to Minnesota Statutes. NOW, THEREFORE, the parties to this agreement do mutually agree as follows: SECTION 1 PURPOSE & INTENT 1.1. The City of Andover and the School District have determined that it is necessary and in the interest of the citizens of the City, that ball fields need to be constructed west and adjacent to the high school to provide safety and convenience of the students and faculty of the high school. / SECTION 2 IMPROVEMENTS OF THE BALL FIELDS 2.1. The City of Andover and the School District have determined that all improvements to be made at the new City ball field facility would be provided by the City except as noted in this agreement. 2.2. The City of Andover and the School District have determined that the underground irrigation system will be installed and funded by the City within the boundaries of the land owned by the City. The School District will be responsible to install am:! pay for the underground irrigation system within the limits of the school property. to the west property line of the school to allow extension and connection by the City to irrigate the City's property. The City shall reimburse the School District for the cost of extendina the irriaation system from the termination point necessary for school irri~ation use to the western line of the school property to allow for the connection of the underaround irri~ation system to the City's ball field property. The plans and specifications of the irriaation system extension shall be reviewed and approved by the City En~ineerina Department. 2.3. The School District will design their irrigation system to provide capacity and connection(s) for irrigation of the new City ball fields and areas adjacent to the ball fields where necessary. \ 2.4. The School District will provide portable bleachers at the new City ball field facility. / 2.5. If the School District determines it necessary to install electricity to the new City ball fields, the improvement costs along with the on-going energy and maintenance of the electrical system will be the responsibility of the School District. / 2.6. The City will extend all paved trails from the School District's trail system as defined in School District's Site Plan to the City owned property. The location of the trails will be at a location acceptable to the City and the School District. The City will then extend the trails within the City owned property to provide access to the new City ball fields. SECTION 3 GENERAL MAINTENANCE & REPAIR 3.1. The School District shall have exclusive access and use of the City ball fields west of the high school for all school related educational, athletic and extra curricular programs which require the use of those fields from September 1 thru June 1 for each year unless an extension is necessary due to official high school play of each year. With this understanding the School District will maintain and repair the City ball field facility west of the high school including all areas within the City owned parcel from September 1 thru June 1 of each year. The City will then maintain and repair the City owned ball field facility from June 2 thru August 31 of each year. 3.2. The School District shall maintain its high school fields at the School District's normal level of maintenance. 3.3. The School District will perform routine maintenance of the entire irrigation system (year round) located on the City ball field facility and will provide the supply of water necessary to irrigate the system at no additional cost to the City. 3.4. If the improvements (fields, irrigation, trails, storm sewer, concrete mow strips/bleacher pads, structures, etc.) within the land owned by the City need to be replaced, the City will be responsible for such replacement. 3.5. School District representatives will work with the City and Andover Youth Athletic Associations to coordinate and schedule the use of selected School District athletic fields when these fields are not necessary for School District needs and the use does not cause excessive wear or interfere with maintenance and renovation practices. The School District needs to insure that the high school athletic programs have safe, healthy and proper conditions when needed for school use. SECTION 4 ACCESS & USE OF SCHOOL FACILITIES 4.1. The School District shall provide access and use of the athletic fields (not including the stadium) at the high school to the City for their recreational program use when those fields are not necessary for educational, athletic or extra curricular programs. SECTION 5 PROPERTY CROSS AGREEMENT 5.1. A cross property agreement shall be entered into to allow the City ball fields, trails , and storm sewer to encroach into School District property. Said agreement shall remain in effect indefinitely. SECTION 6 INDEMNITY 6.1. The City of Andover and the School District will have liability for their own negligent / acts as those acts result in an action against either or both parties. 6.2. Nothing in the agreement shall be deemed a waiver by any party of the limitations on liability set forth in Minnesota Statutes, Chapter 466. SECTION 7 ENTIRE AGREEMENT 7.1. It is understood and agreed that this agreement is the entire agreement and supersedes all previous oral and/or written agreements between the City of Andover and the School District relating to the subject matters hereof. SECTION 8 TERMS 8.1. This agreement shall remain in effect indefinitely unless the City of Andover and Anoka-Hennepin School District #11 agree to amend or dissolve the agreement. 8.2. It is understood and agreed that an annual review of this agreement can be requested by either the City of Andover or by the School District but both parties will need to agree to any amendments made to this agreement. SECTION 9 EFFECTIVE DA TE & EXECUTION / 9.1. This agreement shall become effective upon receipt of the Andover City Clerk of executed copies hereof from the School District. IN WITNESS WHEREOF, the parties hereto have executed this agreement as written. Seal Anoka-Hennepin School District #11 Dated By By Seal City of Andover Dated Michael R. Gamache - Mayor Victoria Volk - City Clerk / G:\DATA\STAFF\RHONDAA\PARK~oint powers district 11.doc . . Todd Haas From: HawkLaw1@aoJ.com , Sent: Friday, April 13, 2001 10:24 AM 'To: THaas@ci.andover.mn.us / Subject: . Anoka-Hennepin Joint Powers Todd, I have reviewed the AH joint powers agreement. I have three suggestions. 1. Section 3.3 needs to be reworded. It does not make sense. I +er>< s ( c Z- have..- ke~ 2. Section 3.4 should not us the word "etc" but list a general description of what is covered by this section. Perhaps improvements, structures, l'ncWeJ (i't :rD'''' +- -p..""qS buildings or some language like this would be appropriate. Aa-t'ee~tJ___ _.. ___. 3. I would like to see section 7 changed to include the right of the city to terminate this agreement upon notice. Perhaps a one year notice would be /II", II'.I~ttA/):!p If..! lifE appropriate. If for some reason the cost becomes prohibitive for the city, /t-brzEEm EJJ r A-S P. EClu ESn:f) we should be able to terminate the agreement. The remainder is acceptable. &y scJ,.c,,1 di';:.tr/d; oTher' t-~~ ha.a. ke., (;,dvd~ ,;., Bill H. 5ec-/-,o'1 e ct9 rec.onm'&1ded ~'/ 'f1.l~ rO-$~ Forc...e.., l..d~ ~//f)/Ol , " J 1 - - Regular Andover Park and Recreation Commission Meeting Minutes - May 3, 2001 Page 4 Commissioner English stated that also included in the packet is a Preliminary Project Commitment Listing dated March 31, 2001. Commissioner English stated that the fIrst page I in the packet is really part of our Capital Improvement Plan. Commissioner Anderson mentioned that the funds are short by $153,000 for this years projects. Commissioner Blackstad stated that if one looks at the preliminary project list those items won't actually go through, since both Hawkridge and Wild Iris are subject to a grant. Commissioner English mentioned that the dollar fIgure listed under "available trail funds for future projects" doesn't include the $225,000 for the underpass on Bunker Lake Blvd. He stated that at the last City Council meeting it was discussed and determined that the money would come from other places not necessarily the trail fund. RECOMMEND APPRO V AL OF JOINT POWERS AGREEMENT/OI-2/NEW BALL FIELD FACILITY Chairperson Holthus stated that the Commission is being requested to review and recommend J to the Council approval of the attached Joint Powers Agreement between the Anoka Hennepin School District #11 and the City of Andover in regards to the new ball fields west of the new high school. Commissioner English suggested Section 8 under Terms be rewritten to state that either party can terminate the agreement after a 90-day written notice. Commissioner Anderson questioned ifit wouldn't be necessary to meet with the school staff. Commissioner Grabowski mentioned concerns about the agreement not stating anywhere that the school district must leave the fIelds in working condition for the City. He suggested there be a checklist. Commissioner Blackstad stated that even though he was at most of the meetings he doesn't recall anything about the fields having portable bleachers. Commissioner O'Toole stated that he agrees with Commissioner Grabowski that the agreement needs to be clarified about the condition of the fIelds when they are turned over to the City. Commissioner Anderson suggested there be a meeting with the parks department at the time of turning the fields over. I ~ Commissioner Blackstad suggested there be some control of the timing as to when the fields are irrigated so it doesn't take place during games. . Regular Andover Park and Recreation Commission Meeting Minutes - May 3, 2001 Page 5 Chairperson Holthus suggested clarifying the condition of the fields when the City takes them over in section 3.1 of the agreement. Commissioner Grabowski suggested June 1 be the date the fields are turned over to the City. He mentioned that doing so will give the fields a rest if the school district fmishes using them early, furthermore there wouldn't be any question as to when they would be available to the associations. Chairperson Holthus suggested deleting the statement in bold under section 3.1, which states that "unless an extension is necessary due to the high school play". Commissioner English suggested that section 3.5 include the following language after the word City in the first line, "through the City Park and Recreation Commission". Commissioner O'Toole questioned if the track facilities would be available to the public in the summer months. Commissioner Blackstad stated that to his understanding the track will be available, however the football field wouldn't be available since they want it in good condition for the season. , L Commission", O'Toole suggested iliat there he language inoIuded to stale that the ""ok facilities are available. Chairperson Holthus stated that she would bring it up at the next task force meeting. . UPDATE OF FENCING AT CITY HALL PARK COMPLEX #1 Chairperson Holthus updated the Commission regarding the fences at City Hall Park Complex # 1. She stated that staff has received one quote to date and is expecting another quote yet this week. Commissioner Blackstad questioned what realigning the fence line on fields 1-4 meant. Mr. Starr stated that he is unsure since he hadn't had time to review the information. Commissioner Blackstad stated that he doesn't see the need to realign the whole fence. He explained that what he suggested was to see what it would cost to take the dugout out of the playing area and move it. Commissioner English stated that it wouldn't really matter since the whole fence needs to be moved anyway. He mentioned that it shouldn't cost any extra to move it inward. / Commissioner Grabowski suggested doing the outfield fencing as well. Commissioner English questioned if that were the case, then which project would be canceled. TASK FORCE MEMBERS Park & Recreation Commission (2 members) Andover Athletic Association (1 member) . Valerie Holthus 17680 Arrowhead Street NW . Tom Berard, President Andover, MN 55304 3510 _153rd Avenue NW Phone 753-3755 Andover, MN 55304 Phone 427-4328 . Al Grabowski 1266 - 146th Lane NW Andover, MN 55304 Andover Baseball Association (1 member) Phone 413-2564 . Dale Lang, President Anoka-Henneoin School District (2 members) 14299 Underc1ift Street NW Andover, MN 55304 . Jerry Hanson, Principal/Andover High Phone 767-422-8026 School Anoka-Hennepin School District City Staff Liaison Members (2 members) 14950 Hanson Boulevard NW Andover, MN 55304 . Todd Haas, Parks Coordinator Phone 506-1726 1685 Crosstown Boulevard NW Andover, MN 55304 I . Tom Redmann Phone 767-5131 Anoka-Hennepin School District 2727 Ferry Street . David Carlberg, Acting City Administrator Anoka, MN 55303 1685 Crosstown Boulevard NW Phone 506-1206 Andover, MN 55304 Phone 767-5140 City Council Members (2 members) . Mike Gamache 2815 -134th Avenue NW Andover, MN 55304 Phone 757-6060 . Mike Knight 4660 - 175th Avenue NW Andover, MN 55304 Phone 421-9247 \ / G:\DATAIEVERYONEICommissionslBall Field Task Force.doc ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: Mav 15, 2001 "- AGENDA SECTION ORIGINATING DIiPARTME~ Discussion Item Scott Erickson~ l /4, Engineering . ITEM NO. Approve Supplemental Feasibility ReporU 00-18/Andover Boulevard Extension INTRODUCTION On March 20, 2001 the City Council ordered the preparation of a supplemental feasibility report for Project 00-18, Extension of MSA Street (Andover Boulevard NW). The supplement to the original feasibility report provides updated project cost estimates and identifies the projected assessment amounts relative to the School District's share of the project. DISCUSSION The supplemental feasibility report identifies the project scope and subsequent estimated project costs associated with the following improvements: / - construction of Andover Boulevard NW with utilities (Funded from a combination of Municipal State Aid and School District assessments) - intersection and traffic signal improvements at Andover Boulevard/Crosstown Boulevard (Funded from School District assessments) - sidewalk along Andover Boulevard between Hanson Boulevard and Crosstown Boulevard (Funded from Municipal State Aid) - parking lot at City ball field location (Funded from Park Dedication Funds) The estimated School District assessments are also identified within this report. The School District assessments have been reviewed with the District officials. They have concurred with the improvements and improvement costs identified in the report and have waived the public hearing for their assessments. BUDGET IMPACT The City will be bonding for the project improvements. The funding for the project will be from City bonding and reimbursed by special assessments, special revenue funds and state aid payments. ACTION REQUESTED The City Council is requested to approve the resolution accepting the supplemental feasibility study and waiving public hearing for the improvement of Project 00-18 for the Extension of , MSA Street (Andover Boulevard NW). } . , , A noka / SCHOOL BOARD: Educational Service Center Michael Sullivan, Chair H-~ 11299 Hanson Boulevard NW Dr. Scott D. Wenzel, Vice Chair laJid~"'%"""_'"'L:l Coon Rapids, Minnesota 55433 Tom Heidemann, Clerk .i~~i ennepin (763) 506.1000 Daniel Cook, Treasurer Denise Dittrich, Director Independent School District 11 (763) 506-1003 FAX Jerry Newton, Director Dr. Roger Giroux, Superintendent (763) 506-1180 TrY .---f , RFCFIVr-n i , -,. .-! - - April 9, 2001 llUlRl ~_~ ' C!TV or ,'\,' .' 1 H- i"';;._.~":',",~.". Scott Erickson, City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: MUNICIPAL IMPROVEMENTS FOR NEW HIGH SCHOOL / Dear Mr. Erickson: The Anoka-Hennepin School District hereby petitions for improvements ofwatermain, sanitary sewer, storm sewer and streets as necessary for the construction and operation of the new Andover High School on Crosstown Boulevard. The District requests that the costs of these improvements that benefit the property be assessed against the school property. It is further requested that the City consider continuing its practice of charging a reduced rate for the water connection fee. I have attached worksheets from the construction of the Andover Elementary building in 1988, the Oakview Middle School in 1994 and the addition to Andover Elementary in 1995 which show that the City has recognized in the past that a school project is not a commercial development and should not be treated as such. Presuming an affirmative action on our request, as the sole owner of the parcel in question, the District waives the public hearing and our rights to an asseSSment hearing and requests that the improvements be assessed over a ten-year period. Sincerely, Tom Durand Director of Administrative Services Anoka-Hennepin School District , J cc Superintendent Roger Giroux Herm Talle, Attorney Partners in educating all learners for a successful future in an ever.changing world: CITY OF ANDOVER \ COUNTY OF ANOKA , STATE OF MINNESOTA / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY AND WAIVING HEARING FOR THE IMPROVEMENT OF PROJECT 00-18 FOR THE EXTENSION OF MSA STREET (ANDOVER BOULEVARD NW). WHEREAS, the City Council did on the 20th day of March ,2001, order the preparation of a supplemental feasibility study for the improvement; and WHEREAS, such supplemental feasibility study was prepared by SEH and presented to the Council on the 15th day of Mav ,2001; and WHEREAS, the City Council has reviewed the supplemental feasibility study and declares the improvement feasible, for an estimated cost of $ 2,851.859.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the supplemental feasibility report with an estimated total cost of improvements of $ 2.851 ,859.00 MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 15th day of May ,2001 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk -, ) 05/10/2001 THU 08:41 FAX ~ 002/004 Ar5eJ 3535 Vadnais Center Orivo. St. Paul, MN 55110.5196 651.490.2000 651.490.2150 FAX 4Tcldleclltre . tng/narlng . tnllirol/mental . Iran""ortatiD/l I May 10, 2001 RE: Andover, MN Andover Boulevard Extension City Project No. 00-18 SEll No. A-ANDOVOOO2.01 Supplemental Feasibility Report Honorable Mayor and City Council City of Andover 1685 Crosstown Boulevard Andover. MN 55304 Dear Mayor and Council Members: This letter is a Supplemental Feasibility Report to the original report dated August 8.2000. This supplement addresses revisions to the original project, updated cost eslimates~ and updated estimated special assessmenls to the Anola Independent School District 11. Since the original project was proposed, the following revisions have been made: 1. The westerly end of the proposed Andover Boulevard extension has been extended west of the west edge of the High School property approximately 280 feet to serve the proposed City of Andover ballfield site. Parking lot improvements to serve the ballfields have also been added as an alternate bid to the project. 2. Concrete sidewalk has been added to the north side of Andover Boulevard from' . Crosstown Boulevard to Hanson Boulevard. 3. A borrow site has been designated at Prairie Knoll Park to provide granular matcrial for the proposed Andover Boulevard extension, and to provide grading improvements to the Park (2 soccer fields and a relocated sliding hill). This is also an alternate bid to the project. 4. The required wetland replacement is proposed to occur at two sites within Kelsey-Round Lake Park. The estimated cost for the project has also been revised to reflect these project revisions, and the total estimated project cost is now $2.851.859. This consists of estimated construction costs plus 30 percent indirect costs which include engineering. administrative. and fiscal costs. The original estimated project cost was $1.962.800. The revised estimated project cost consists of the I following items: Shorl Elllon Hondrickson Inc. . Offices located throughout the Upper Midwest . Equal Opportunity Employet M help yO" pla'I, Ii,,(~ and aeM",.. MAY 10 2001 08:55 PAGE. 02 05/10/2001 THU 08:42 FAX ~ 003/004 Scott Erickson May 10,2001 Page 2 I Item Est. Co~t Andover Boulevard Street Improvements $1,833,523 Andover Boulevard Trail Improvements 153,487 Sanitary Sewer Improvements 144,770 Water Main Improvements 150,420 Storm Sewer improvements 72,171 Crosstown Boulevard Signal & Widening 331,904 Andover Boulevard Sidewalk Improvements 66.316 Ballfield Parking Lot Improvements 59,533 Prairie Knoll Borrow Site Restoration 39,735* Total Estimated Project Cost $2,851,859 *These costs may be offset by savings in granular borrow costs under the alternate bid. Since the original feasibility report, additional soil borings were also taken along the proposed Andover Boulevard extension. These borings indicated additional poor material that must be excavated out from the proposed roadway, and also a laycr of soft clay beneath the street and utilities that must be consolidated by surcharging the roadway area and installing wick drains. The current estimated project cost is higher than the original estimated cost due to this additional work, and the project revisions indicated above. The project is proposed to be funded by special assessments to the School District, and by City funds. The estimated assessments to the School District have been revised to reflect updated. costs and area charges. The total estimated assessments to the School District are $1,471,045. These consist of estimated project costs plus 10 percent contingencies, and are detailed on the attached summary sheet. The original estimated assessments were $2,056,700. Final assessment amounts will be based upon final project costs. City funds include Municipal State Aid funds and Trunk Utility funds. Items eligible for Municipal State Aid funds consist of the Andover Boulevard street extension, the trail, sidewalk, and the Crosstown Boulevard improvements north of Andover Boulevard. The traffic signal is estimated at 75 percent eligible, or $158,386, and is currently under review by Mn/DOT. The total estimated State Aid eligible costs are $2,264,550. The estimated Trunk Utility costs were determined by the total utility costs less the lateral utility costs for the school property, and are estimated to be $17,938. We recommend that the City Council. staff, and the School District review this supplemental feasibility report, and if acceptable, proceed with project implementation as originally proposed. Sincerely, ~#l. ~ ToddM. Blank, P.E. / Project Manager Attachment Q'.~Nt~naoV\Ol'XXJ:oK'h\"p~''''11l1 MAY 10 2001 08:55 PAGE. 03 -- U5/10/2001 THU 08:42 FAX ~ 004/004 / Estimated School District Assessments (revised 5/10/01) 'Sanitary sewer: Area Charge = $1180/Acre x 80.17 Acres = $94,601 Lateral Charge = Estimated cost across site for 8" sewer = $129,907 SAC & Connection Fee: To be computed with building permit. Water Main: Area Charge = $ 1686/Acre x 80.17 Acres = $135,167 Lateral Charge = Estimated cost across site for 10" main = $147,344 Institution Connection Charge = $5,230/Acre x 80.17 Acres = $419,289 Storm Sewer: 50% of storm sewer adjacent to site = $39,693 (Estimated non-State Aid portion of storm sewer. Final amount Lo be determined by MnlDOT and final storm sewer costs) Thail: Estimated cost of trail adjacent to school site = $152,964 Crosstown Boulevard Improvements ~t Andover Boulevard: Estimated cost of widening and traffic signal = $352,080 Total Estimated Assessmenis = $1,471,045 j MAY 10 2001 08:55 PAGE. 04 CITY OF ANDOVER ) REQUEST FOR COUNCIL ACTION - DATE: Mav 15. 2001 AGENDA SECTION ORIGINATING DEPARTMEN~ Discussion Community Development ~ ITEM NO. /5"- David L. Carlberg Approve Articles ofIncorporation Community Development Director Bylaws/Declaration Red Pine Estates The City Council is requested to approve the Articles of Incorporation, Bylaws and Declaration of the Red Pine Estates Twinhome Association. as provided in Ordinance No. 112, Section 4(6)(c)(10). These documents are located in the front of your packet materials. Ordinance No. 112, Section 4(6)(c)(1O) 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 of a 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) also sets conditions of the Property Owners Association. The documents have been reviewed by the City Attorney. The City Attorney is recommending language be added to the Declaration that allows the City to enforce the covenants if the association fails to do so. The added language will be presented to the City Council at the meeting as an addendum. " j , CITY OF ANDOVER J REQUEST FOR COUNCIL ACTION - - DATE: May 15. 2001 AGENDA SECTION ORIGINATING DEPARTMEN~ Discussion Item Community Development ITEM NO. Ita, David L. Carlberg Approve Final Landscape Plan Community Development Director Red Pine Estates - PUD Gold Nugget Development The City Council is requested to approve the final landscape plan of the Planned Unit Development of Red Pine Estates. The final landscape plan can be found in the front of your packet materials. / " , CITY OF ANDOVER - REQUEST FOR COUNCIL ACTION DATE: May 15. 2001 AGENDA SECTION ORIGINATING DEP ARTMEN4- Discussion Community Development ITEM NO. /7. David L. Carlberg Approve Final Plat Community Development Director Red Pine Estates - PUD Gold Nugget Development The City Council is requested to approve the resolution approving the final plat of the Planned Unit Development of Red Pine Estates. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the stipulations and conditions listed on the attached resolution. An llx17 copy of the final plat is included in the front of your packet materials. Note: variances were approved as part of the approval of the preliminary plat. "- , CITY OF ANDOVER \ COUNTY OF ANOKA / STATE OF MINNESOTA RES. NO. R -01 MOTION by Councilmember seconded by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF RED PINE ESTATES AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT IN SECTION 14-32-24. WHEREAS, the City Council has approved the preliminary plat of the Planned Unit Development of Red Pine Estates; and WHEREAS, the Developer has presented the final plat of Red Pine Estates; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Red Pine Estates 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 I 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. Streetlight costs to be paid to Connexus Energy. Costs to be determined by Connexus Energy. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 8. Developer is responsible to obtain all permits from u.S. Army Corps of Engineers. DNR. LGU. Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 9. Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. 10. Filing of Articles of Incorporation. Bylaws. Declarations and all other association documents, and Easements with the Anoka County Recorder. / Page Two , I Resolution - Final Plat Red Pine Estates Gold Nugget Development May 15, 2001 11. Variances or development standards approved with the Planned Unit Development shall become the only listing of variances approved on the plat. Adopted by the City Council of the City of Andover this 15th day of ~, 2001. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION j DATE: Mav 15. 2001 AGENDA SECTION ORIGINATING DEPARTME~ Discussion Item IZ', Scott Erickso~l Engineering . ITEM NO. Award Bid/00-41 & 00-40/Red Pine Estates & Woodland Oaksl Streets & Utilities (Supplemental) INTRODUCTION Gold Nugget Development (Red Pine Estates) & Woodland Development Corp. (Woodland Oaks) previously petitioned the City for the installation of streets and City utilities. DISCUSSION Woodland Development Corp. has filed their final plat, entered into the development contract and has paid all required escrows for the projects. Gold Nugget Development will have all of their documentation completed prior to the notice of award being delivered to the contractor. The final plat for Red Pine Estates is on this agenda j for approval ACTION REQUESTED Subject to acceptable bids being received, the City Council will be requested to approve and award bids for the street and utility improvements associated with both development projects. The results of the bids along with the staff recommendation will be forwarded to the City Council as supplemental information prior to the Council meeting. ) CITY OF ANDOVER COUNTY OF ANOKA j STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 00-41 & 00-40 FOR RED PINE ESTATES & WOODLAND OAKS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 068-01 & 067-01 , dated April 17 ,2001, bids were received, opened and tabulated according to law with results as follows: NOW, THEREFORE, BE IT RESOLVED by the City Counci! of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with in the amount of $ 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 15th day of May ,2001 ,with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk J . . , ~ 1 ~~ ~ I ~~ Z .--------------------------------------r----. ltl .1 o ~ Countv Road. No. 20 f6tST AVENUE N. 7f. l ~ 1= ...q- tll (f) "<t~::i I l;fi~ t'l y: 6~~ (f) ~ 1 20 I ~; I- p;) <( 0 0... ri:::l ~ ___" ------,.~ ..... o d"'5! 0 ~ . '" m d z.....o Z 0 m g z o ~tjo Z c C\l :;;t I <<( J ~ ~ ~ ~ ~ ~ ~ II .----- ~ X e: -l OUl.... :J w 0 " c~ W'" o 0:::00 I-- -I g: ..... ". .... ~~ o a. ~ ?: \ ,/' :i ----- ti .e o 1: - ill B ~ aT 3: u~u C\,I CD ~~ ::l CO e .----- ~..... F ____ .... ... => , ' .. , ' ~"'''''''' r- I \,'1. ...~------\--- }....... , " ~-- -------1 ............ " ... \ _ .I....') - 0 -"'... "', \ __--- I I ... 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ANDOVER, MINNESOTA 55304' (763) 755-5100 FAX (763) 755-8923 TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: 2002 Budget Development Process and Approval of Council Fiscal Goals DATE: May 15, 2001 INTRODUCTION In order to provide staff with appropriate fiscal policy direction, Council is requested to review and adopt budget policy development guidelines that establishes parameters in the development of the City Budget. Council fiscal policy guidelines will be used by staff to develop a balanced budget document that will ultimately fund subsequent year City operations. DISCUSSION , , The City's budgeting process, as described below, will be instituted for the development of 2002 , - , City Budget to introduce a management team approach in the preparation of the City budget. This approach will serve to enhance the City's underlying financial reporting capabilities, improve budgetary control systems, increase awareness of service needs across inter-departmental lines and promote a team atmosphere in developing a comprehensive budget document. A brief overview of the budgeting process is described below. . Primary department activities and functions will be accounted for and budgeted within separate cost centers. Accordingly, all costs such as personnel, charges and services, supplies, and capital outlay associated with a primary department service activity will be budgeted to reflect the overall cost of service delivery. This will allow for greater. reporting detail; a better understanding of what the activity actually does; the ability to perform cost/benefit analyses; and allow for independent review of what a specific city function or activity actually costs the City to operate. . . The budgeting process will actively include department heads, line supervisors and activity managers in developing and preparing their specific budget requests. Accordingly, this also means greater participation by involved supervisory staff, enhanced understanding of budget requests and direct accountability in fiscal expenditures by City departments. Similarly, this process will empower employees in the budgeting process, allow staff to share their insights into how work processes can be performed more efficiently and cost effectively, and maintain clear lines of operational accountability for budgetary expenditures with respective City departments. . The introduction of workload measures and performance goals will improve the level of analysis ,- -'... and oversight in the budgeting system and directly connect service expenditures with ... J Mayor and Councilmembers May 15,2001 Page 2 J performance-based outcomes. Performance outcomes will be linked to specific department activities using workloads and performance measures as key indicators of what is accomplished throughout the calendar year. . The administrator and department directors will review budget requests using a "management team" process. Supervisors and activity managers designated by their department director will present their individual budget requests to the management team for review. At this stage, all department requests will be considered, reviewed, and prioritized by the management team to achieve a balanced budget document in keeping with approved Council fiscal policy goals. . Finally, the Council will be presented with a proposed, balanced budget document. This proposed, balanced budget will be submitted to Council for review, discussion and adoption. This budget process has proven to be a more sophisticated, meaningful and accountable budgetary development tool. The final product of this City effort will then be submitted to the Government Finance Officers Association (GFOA) as part of the Distinguished Budget Presentation Awards Program for review and critique. This national program, officially sponsored by the GFOA, will ultimately lead to the achievement of a formal budget award certificate recognizing the City for exemplary budget documentation. Proposed 2002 Budget Financial Goals / The following guidelines are proposed for Council consideration and adoption. These guidelines will establish the budgetary framework that this office will observe in developing the 2002 Budget. 1) A commitment to restrain any increase in the local tax capacity rate to a percentage level no greater than the annual increase in the consumer price index for the previous calendar year (2000 CPI= 3.4%), while providing for the cost-effective delivery of public services to a rapidly growing residential population.l 2) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than 30% of planned 2002 General Fund expenditures. 3) A commitment to maintain the 2002 debt levy at no more than 25% of the total levy. 4) A comprehensive review of the condition of capital equipment to ensure that the most cost- effective replacement schedule is followed. 5) A team approach that encourages strategic planning to meet immediate and long-term operational, staffing, infrastructure and facility needs. \ 1 This commitment is based upon existing state tax policy affecting the municipal property tax rate structure. Significant / legislative revisions to state aid formulas would have profound property tax rate implications for the City. Mayor and Councilmembers May 15,2001 Page 3 J 6) A management philosophy that actively supports the implementation of Council policies and goals, and recognizes the need to be responsive to changing community conditions/concerns. ACTION REOUESTED Council adoption of 2002 Fiscal Goals as presented. / I ftp://146.142.4.23/pub/news.release/History/cpLOII72001.news FOR TECHNICAL INFORMATION: Patrick C. Jackman (202) 691-7000 USDL-01-18 CPI QUICKLINE: (202) 691-6994 TRANSMISSION OF FOR CURRENT AND HISTORICAL MATERIAL IN THIS J INFORMATION: (202) 691-5200 RELEASE IS EMBARGOED MEDIA CONTACT: (202) 691-5902 UNTIL 8:30 A.M. (EST) INTERNET ADDRESS: Wednesday, January 17, 2001 http://stats.bls.gov/cpihome.htm CONSUMER PRICE INDEX: DECEMBER 2000 The Consumer Price Index for All Urban Consumers (CPI-U) declined 0.1 percent in December, before seasonal adjustment, to a level of 174.0 (1982- 84~100) , the Bureau of Labor Statistics of the U.S. Department of Labor reported today. For the 12-month period ended in December, the CPI-U ~ increased 3.4 percent. The Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) also declined 0.1 percent in December, prior to seasonal adjustment. The December level of 170.7 was 3.4 percent higher than the index in December 1999. CPI for All Urban Consumers (CPI-U) On a seasonally adjusted basis, the CPI-U rose 0.2 percent in December, the same as in each of the preceding two months. The food index advanced 0.5 percent in December, following a 0.1 percent increase in October and no change in November. The energy index rose 0.2 percent in December, following increases of 0.2 and 0.1 percent in October and November, respectively. In December, the index for petroleum-based energy declined 1.4 percent, while the index for energy services advanced 1.8 percent. Excluding food and energy, the CPI-U rose 0.1 percent in December after advancing 0.2 percent in October and 0.3 percent in November. A sharp downturn in the tobacco index and a smaller increase in shelter costs were responsible for the smaller advance in December than in November. Table A. Percent changes in CPI for All Urban Consumers (CPI-U) Seasonally adjusted Un- Compound adjusted Expenditure Changes from preceding month annual rate 12-mos. Category 2000 3-mos. ended ended June July Aug. Sep. Oct. Nov. Dec. Dec. '00 Dec. '00 All Items .5 .2 -.1 .5 .2 .2 .2 2.1 3.4 Food and beverages .1 .5 .2 .1 .1 .1 .5 2.6 2.8 Housing .5 .3 .2 .4 .5 .2 .2 3.8 4.3 Apparel -.6 -1. 0 .2 1.6 .3 -.4 -.4 -1.8 -1. 8 Transportation 1.8 -.3 -1.1 1.0 -.4 .3 -.1 -.8 4.1 Medical care .4 .3 .4 .4 .3 .2 .3 3.4 4.2 Recreation .3 .3 .1 .1 .0 -.1 .1 .0 1.7 Education and communication -.1 .6 .2 -.7 .8 -.2 .6 4.8 1.3 Other goods and services -.2 1.0 -.3 1.1 -.6 1.2 -.8 -1.0 4.2 Special Indexes Energy 5.6 .1 -2.9 3.8 .2 .1 .2 1.6 14.2 Food .1 .5 .2 .2 .1 .0 .5 2.6 2.8 All Items less food and energy .2 .2 .2 .3 .2 .3 .1 2.0 2.6 I ] of25 4/27/200111:11AM ftp://146.142.4.23/pub/news.releaselHistory/cpLOII72001.news Consumer prices rose at a seasonally adjusted annual rate (SAAR) of 2.1 percent in the fourth quarter. This followed increases in the first i three quarters at rates of 6.1, 2.6, and 2.8 percent, respectively. For the 12 month period ended in December, the CPI-U rose 3.4 percent. This compares with an increase of 2.7 percent for all of 1999 and was the largest annual advance since a 6.1 percent rise in 1990. Each of the three special index groups--food, energy, and all items less food and energy--contributed to the acceleration in 2000. The energy index, which had turned up sharply in 1999 after declining in 1998, increased 14.2 percent in 2000. Petroleum-based energy costs continued to advance sharply--up 15.7 percent--but only about half as much as in 1999. Charges for energy services, which rose 1.2 percent in 1999, surged in 2000, advancing 12.7 percent. Charges for natural gas increased 36.7 percent and those for electricity rose 2.6 percent. The food index, which rose 1.9 percent in 1999, increased 2.8 percent in 2000. Grocery store food prices increased 2.9 percent, following a 1.7 percent rise in 1999. Larger increases in the indexes for meats, poultry, fish, and eggs and for fruits and vegetables were primarily responsible for the acceleration. Excluding food and energy, the CPI-U advanced at a 2.0 percent SAAR in the fourth quarter, following increases at rates of 3.4, 2.2, and 2.7 percent, respectively, in the first three quarters of 2000. The 2.6 percent rise in 2000 compares with a 1.9 percent rise in 1999. The rising cost of shelter--up 3.4 percent in 2000 compared with 2.5 percent in 1999- -was the principal factor accounting for this acceleration. Also contributing to the acceleration in 2000 were larger, but still moderate, increases in the indexes for household furnishings and operations and for recreation, coupled with a substantial rise in the index for hospital and related services. The rates for selected groups for the last seven years are shown below. Percentage change 12 months ended in December 1994 1995 1996 1997 1998 1999 2000 ~ All items 2.7 2.5 3.3 1.7 1.6 2.7 3.4 Food and beverages 2.7 2.1 4.2 1.6 2.3 2.0 2.8 Housing 2.2 3.0 2.9 2.4 2.3 2.2 4.3 Apparel -1. 6 0.1 -0.2 1.0 -0.7 -.5 -1.8 Transportation 3.8 1.5 4.4 -1. 4 -1.7 5.4 4.1 Medical care 4.9 3.9 3.0 2.8 3.4 3.7 4.2 Recreation 1.4 2.8 3.0 1.5 1.2 .8 1.7 Education and communication 3.3 4.0 3.4 3.0 0.7 1.6 1.3 Other goods and services 4.2 4.3 3.6 5.2 8.8 5.1 4.2 Special indexes Energy 2.2 -1. 3 8.6 -3.4 -8.8 13.4 14.2 Energy commodities 5.2 -3.3 13.8 -6.9 -15.1 29.5 15.7 Energy services -.6 0.8 3.8 0.2 -3.3 1.2 12.7 All items less energy 2.6 2.9 2.9 2.1 2.4 2.0 2.6 Food 2.9 2.1 4.3 1.5 2.3 1.9 2.8 All items less food and energy 2.6 3.0 2.6 2.2 2.4 1.9 2.6 The food and beverages index rose 0.5 percent in December. The index for food at home increased 0.8 percent, the largest monthly advance since ) October 1998, when it also rose 0.8 percent. In December, the index for 2 of 25 4/27/2001 11: 11 AM ftp:1/l46.142.4.23/pub/news.releaselHislory/cpLOII72001.news food and energy .1 .2 .2 .3 .1 .3 .1 2.0 2.4 Consumer Price Index data for January are scheduled for release on Wednesday, February 21, 2001, at 8:30 A.M. (EST) . Recalculated Seasonally Adjusted Indexes to be Available on February 16, 2001 Each year with the release of the January CPI, seasonal adjustment factors are recalculated to reflect price movements from the just-completed calendar year. This routine annual recalculation may result in revisions to seasonally adjusted indexes for the previous 5 years. BLS will make available recalculated seasonally adjusted indexes, as well as recalculated seasonal adjustment factors, for the period January 1996 through December 2000, on Friday, February 16, 2001. This date is two working days before the scheduled release of the January 2000 CPI on Wednesday, February 21, 200l. The revised indexes and seasonal factors will be available on the internet. The address is http://stats.bls.gov. Select Data, then select FTP Site, then select special requests, then select cpi. The revised seasonal data will be in the file REVSEAS 2000CPI.TXT. For further information please contact Richard Kerr on (202) 691-6970. Facilities for Sensory Impaired Information from this release will be made available to sensory impaired individuals upon request. Voice phone: 202-691-5200, Federal Relay Services: 1-800-877-8339. For a recorded message of Summary CPI data, call (202) 691-5200. -:::r Brief Explanation of the CPI The Consumer Price Index (CPI) is a measure of the average change in prices over time in a market basket of goods and services. The Bureau of Labor Statistics publishes CPls for two population groups: (1 ) a CPI for All Urban Consumers (CPI-U) which covers approximately 87 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers 32 percent of the total population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self- employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, 5 of 25 4/27/200111:11 AM ftp:1fI46.142.4.23/pub/news.releaselHistory/cpLOII72001.news and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and other goods and services that people buy for day-to-day living. Prices are collected in 87 urban areas across the country from about 50,000 housing J units and approximately 23,000 retail establishments- department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. Prices of fuels and a few other items are obtained every month in all 87 locations. Prices of most other commodities and services are collected every month in the three largest geographic areas and every other month in other areas. Prices of most goods and services are obtained by personal visits or telephone calls of the Bureau's trained representatives. In calculating the index, price changes for the various items in each location are averaged together with weights which represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a u.s. city average. Separate indexes are also published by size of city, by region of the country, for cross-classifications of regions and population-size classes, and for 26 local areas. Area indexes do not measure differences in the level of prices among cities, they only measure the average change in prices for each area since the base period. The index measures price change from a designed reference date-1982-84 which equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a / base period market basket of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details visit the CPI home page on the Internet at http://stats.bls.gov/cpihome.htm or contact our CPI Information and Analysis Section on (202) 691-7000. Calculating Index Changes Movements of the indexes from one month to another are usually expressed as percent changes rather than changes in index points, because index point changes are affected by the level of the index in relation to its base period while percent changes are not. The example below illustrates the computation of index point and percent changes. Percent changes for 3-month and 6-month periods are expressed as annual rates and are computed according to the standard formula for compound growth rates. These data indicate what the percent change would be if the current rate were maintained for a 12-month period. Index Point Change \ CPI 115.7 J 60f25 4/27/2001 11:11 AM (~~ \ CITY of ANDOVER \..J 1685 CROSSTOWN BOULEVARD N.w.. ANDOVER, MINNESOTA 55304. (763)755-5100 FAX (763) 755-8923 TO: Mayor and Council FROM: John Erar, City Administrator SUBJECT: Acknowledge Municipal Newsletter Survey Results DATE: May 15,2001 INTRODUCTION At the April 17, 2001 Council meeting, a request was made relative to surveying other communities regarding municipal newsletter private advertising policies. DISCUSSION Of the seven communities surveyed, only one community, the City of Ham Lake, allows private advertising in their municipal newsletter. Attached to the survey is their city policy regarding standards and requirements for private advertising. In addition, a question of how frequently did these communities publish a newsletter was also asked relative to determining revenue and cost implications and whether , j increased publication frequency affected a city'sdecision to allow private advertising to offset publication expenditures. Based on survey results, it appears that.four communities publish their newsletter bi~monthly, two cities publish a monthly newsletter and one city publishes a quarterly newsletter. BUDGETIMPACT Currently, newsletter expenditures are underwritten through a combination of both public and community non-profit revenue sources with an annual 2001 budget of approximately $25,000. The City has been notified that the source of non-profit funding of approximately $500 per month will expire at the end of June 2001, leaving approximately a $3,000 shortfall in anticipated revenues. Consequently, the City will be appropriating altemate funds to cover this loss of revenue to underwrite newsletter publication costs for the remainder of the fiscal year. 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I RESOLUTION 90-16 WHEREAS, the Ham Lake Chamber of Commerce has proposed that the city of Ham ~ke publish a monthly civic newsletter, a no:i WHEREAS , the Chamber of Commerce has pledged to support such publication ~rough the donation of proceeds of charitable gaming op~ations, and WHEREAS, the city .does not have sufficient funds budgeted to pay for the CQsts of a monthly newsletter without such contributions, and. ., WHEREAS , The city Council does find that many adjacent municipalities do. . publish a regular civic newsletter at municipal expense, and that the- contents thereof are an important. means of informing the -"public of municipal and civic events and activities, and"~. hence an appropriate expenditul;'e of public funds~ the city Council finds further that the use of charitable ".qaming' fundS 'in this instance is intended to pay for a cost.. which is . normally funded by / government~ NOW, THEREFORE, BE IT RESOLVED: 1- That the city of Ham Lake shall assume . responsibility for the preparation and publication of a civic newsletter to be distributed free of charge to the residents of the city, SUbject to the following conditions: . A. Month-Month Commitment. No commitment shall be - made to any person or company beyond the length. of time for which actual or anticipated donations are sufficient to defray all municipal costs associated with the preparation, publicati~n and distribution of the newsletter~ \ Advertisement. The following policies shall be B. observed, but may be changed at any time by resolution of.. the city council. paid . advertisements. for any private groups, businesses, religious institutions, political candidates and organizations shall be accepted. Bona fide news articles about such entities ...-... I APR 30 2001 09:33 612 434 9599 PAGE. 02 Apr 30 01 09:33a Cit~ OT Ham Lake 612 434 9599 p.3 _ Resolution No. 90-l~ , - __ shall not be considered advertisements. Further, where any group is organizing a function for the general public good, such as a public dance or picnic, fundraiser,. or other activity open to the general public, for purposes not related to the principal benefit of the organizer, it shall be permissible to publish information about the activity, its time and location, without fee.. (1) Advertisinq Fees. subject to review by the city council, the NEWSLETTER COORDINATOR shall establish a size-based advertising fee schedule, to be applied equally to all paid advertising. (2) Elioibilitv. Paid advertising shall - be , open and available to all entities desiring to purchase advertising within deadlines to be established the NEWSLETTER COORDINATOR. No person or group shall be given any priority or spatial selection except where based on ad size. (3) Content of Political Advertisino, The NEWSLETTER COORDINATOR shall observe all . . state and. federal rules and regulations in accepting paid political advertising, and shall not accept any paid political advertising which infers any municipal endorsement of any candidate or issue, C. Coordination. The City Council shall from time to time designate an elected or appointed official of the city to serve as a municipal contact person or coordinator (NEWSLETTER COORDINATOR) in conjunction with a newsletter. _ The City council hereby authorizes the NEWSLETTER COORDINATOR to engage the services of such professionals and companies as' are necessary to - assis't in composing, edi ting, . laying out and printing the newsletter. D. content. The NEWSLETTER COORDINATOR shall, subject to review by the city council, be solely _ responsible for the newsletter contents and to enforce compliance with the guidelines of this resolution, ~ The city council may, upon request , Page 2 .'- , RPR 30 2001 09:34 612 434 9599 PRGE.03 Apr 30 01 09:33a Cit~ of Ham Lake 612 434 9599 p.4 Resolution No. 90-16 ,'- of any member of the council, or upon request of the NEWSLETTER COORDINATOR, review content and compliance with guidelines. E. Input from Others. The NEWSLETTER COORDINATOR shall receive input from any civic group, including the Ham Lake Chamber of Commerce, wishing to provide information or opinions about the newsletter, and, to this end, may form or be a member of newsletter advisory committee. However, the NEWSLETTER COORDINATOR shall not delegate any authority to or be required to take any direction from such a committee, and shall at all times maintain autonomous control over the exercise of municipal prerogatives. F. Political and Editorial Content. ( 1) political Content. No sPace shall be provided to prom~te the election campaign of any candidate for public office, unless equal space be provided in the same issue for all candidates for the same office. This guideline shall not be deemed violated, however, by the providing of space for an incumbent elected official to write ~, a regular column informing the public - of the status of events relevant to that official's representation, such as legislation, ordinances, or policies being considered, provided that any such regular column shall be discontinued' for all issues of the newsletter to be published within 120 days of an election in which the columnist is a candidate. During this pre-election period, the incumbent and all opponents shall be provided equal space as indicated above. - Notwithstanding the above, the NEWSLETTER COORDINATOR shall not accept for publication any column by an incumbent pUblic official which, in the opinion of the NEWSLETTER COORDINATOR, is self-laudatory and generally intended to influence voters' opinions as opposed to informing them of bona fide facts. (2) Editorial Content. The newsletter shall not contain any editorial column which attempts to influence public opinion in a manner which is clearly adversarial or advocative I Page 3 RPR 30 2001 09:34 612 434 9599 PRGE.04 Apr 30 01 OS:34a Cit~ OT Ham Lake 612 434 S5SS p.5 .' . Resolution No. 90-16 '. J ..-.. of a special interest position. Bona fide news items about positions taken by the League of Minnesota cities or the city Council acting as a legislative body shall not be considered violative of this guideline, even where either such body is, by its action, advocating a particular course of action. This policy shall not prohibit the publishing of "Letters to the Editor", provided that the NEWSLETTER COORDINATOR follows a policy of publishing an opposing view, if submitted, for each such letter published. The decision as to whether or not to publish Letters to the Editor shall be left to the NEWSPAPER COORDINATOR, and this policy shall not require the publication of Letters to the Editor. Adopted by the City Council of the city of Ham Lake this 16th day of April, 1990. Marilyn Schultz -~, Mayor Doris A. Nivala Administrator/Clerk/Treasurer - - \ - - I Page 4 APR 30 2001 09:34 612 434 9599 PAGE. 05 @J ~j CITY of ANDOVER TO: Mayor and Council . FROM: John Erar, City Administrator SUBJECT: Schedule Council Workshop - Strategic Planning Session DATE: May 15,2001 INTRODUCTION Individual discussions with Council suggest the need to schedule a workshop to discuss several issues related to strategic planning, Council-administrator team-building and organizational management expectations. DISCUSSION The primary focus of this Council workshop would be to review infonnation originating from the 2000 Leadership - Strategic Planning Retreat held on June 8, 2000. This past strategic planning effort was facilitated by Donald Salverda and Associates, which resulted in the establishment of a , / number of external and internal goals as well as the fonnulation of value statements for the City. In light of the fact that there are now two new Council members, Mayor Gamache and Council Member Trude, it may be appropriate to review this document with their respective input to achieve a consensus of the issues discussed last year. Similarly, City departments have made progress towards the goals that were identified in this past planning effort and it would be beneficial for Council to be updated with aprogress report.. With respect to Council-administrator team-building and organizational management expectations, these issues could also be discussed in terms of developing an action plan and articulating a common vision of Council expectations, respectively. Suggested dates for this workshop are Wednesday, June 13 or Wednesday, June 27 at 7:00 p.m. ACTION REQUESTED Council consideration in scheduling a workshop to discuss the aforementioned items for either Wednesday, June 13 or Wednesday, June 27 at 7:00 p.m. Respectfully submitted, 7 hn F. Erar " \ City Administrator '~.J (~J ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 TO: Mayor and Council FROM: John Erar, City Administrator SUBJECT: Schedule Council Workshop - North Metro Mayors Association DATE: May 15,2001 INTRODUCTION The City has received a membership invitation from the North Metro Mayors Association (NMMA) regarding an incentive offer for membership under a reduced rate structure. DISCUSSION In speaking with Mr. Joseph Strauss, Executive Vice-President for the NMMA, it was his desire to make a formal presentation to the Council regarding the benefits of membership. Accordingly, the presentation would include a detailed listing of municipal membership benefits, NMMA achievements and provide Council with an opportunity to ask questions and/or address related concerns. '. j If Council concurs with the suggestion of authorizing a workshop, the following dates have been identified for review and selection: May 17'\ May 23rd or June 14th at 7:00 p.m. It is anticipated that the entire presentation with questions should take approximately 60-90 minutes. BUDGET IMPACT According to the Finance Department, funding while not specifically authorized in the 2001 Budget is available from contingency appropriations. In terms of the NMMA special membership rate structure, if Council were interested in joining the NMMA in 2001 it would be suggested that the first year fee be prorated to further reflect the remaining number of months in the current year. ACTION REOUESTED If Council is so inclined, consider scheduling a Council workshop for the purpose of meeting with representatives of NMMA representatives to receive additional information on membership benefits and to discuss the level of interest Council has relative to joining the NMMA. hn F. Erar City Administrator -, \ \...j ~ NORTH METRO MAYORS RECEIVED I APR 0 2 2001 March 30. 2001 A 5 5 0 C I A T 1 0 N CITY OF Ai'mOVER The Honorable Mike Gamache Mayor City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mayor Gamache: North Metro Mayors Association invites the city of j\~'ldover to consider becoming a member of the organization. As a former NMMA member we offer you a special rate to rejoin the organization. (See below) The Association has been in existence since 1988. Its primary focus over the years has been to work with decision makers at the federal, state, regional and county levels to ensure that its member communities receive their fair share of both public and private investment. See the attached success story that outlines NMMA's track record. The organization operates as a policy body and has assisted in the creation of several coalition organizations focused on specific development and redevelopment, transportation, transit and land use work plans. Our membership is comprised of the following cities: Anoka Circle Pines Maple Grove Blaine Columbia Heights Mounds View Brooklyn Center Crystal New Brighton Brooklyn Park Coon Rapids New Hope Champlin Dayton Minneapolis MCDA Oak Grove Ramsey Robbinsdale Spring Lake Park NMMA's annual operating budget is a combination of membership fees, contributions from the business communities and grants for special projects/programs. Membership fees are calculated using both current population and net tax capacity. The membership fees are reviewed and approved annually by the Board. NMMA calculates the city of Andover 2001 membership to be $12,974. Should the city of Andover decide to rejoin NMMA, we are offering the following 3-year membership fee package: 151 year - 50% of calculated fee = $6,487. 2nd year - 75% of calculated fee I 3rd year - 100% 8;2; Edinbrook Crossing, Suite #;, Brooklvn Park, MN ;;443 TEL (763) 493-; 115 .... FAX(763) 424.1174 \ / In an effort to manage its time wisely, the Association organizes its work around Board of Directors and Operating Committee meetings. The Board, typically, is comprised of each city's mayor and city manager/administrator; and meets over dinner on alternative months - six times per year. The Operating Committee comprised of city managers/administrators. meet during the lunch hour every other month - five meetings per year. In addition NMMA has an Executive Committee comprised on its officers and an Audit Committee. Other ad hoc committees are established from time to time to deal with critical issues that the organization deems appropriate. We hope this communication will stimulate further dialogue with your city and interest you once again becoming a member of the North Metro Mayors Association membership. Together we can make the North Metro area a better place to live, work, recreate and be educated. Sincerely, L" (j}Lb-bJ2tJl- ~m" ~J\Ll GL' Grace Arbogast President, NMMA Vice President, NMMA Mayor, City of Brooklyn Park Mayor, City of Ramsey Enclosure ..I':c: John Erar, City Administrator , . J NMMA's Success Story .. NMlVlA HAS CONTINUOUSLY PL\ YED A KEY ROLE: . as a recognized voice on issues impacting the North Metro area at the federal. state. and regional levels of government. . establishing transportation corridor organizations, such as NM I-35W Corridor Coalition, Highway 100 Council, 610 Coalition. Highway 10 Coalition and NW Highway 81 Partnership - with new organizations to be announced. . developing targeted technical and demographic studies. . providing pertinent information to legislators and other decisions makers. helping to establish a better balance to the patterns of regional growth and investment. TRANSPORT.\ TlO:'>! . Anoka-Champlin Bridge . 610 Bridge Funding and Construction - Brooklyn Park/Coon Rapids . TH 610 Funding and Construction - Brooklyn Park . 2nd 610 Bridge Funding and Construction - Brooklyn Park/Coon Rapids . Th 610 Final Stage Funding - Maple Grove . TH 10 Funding and Construction . 1-694 Expansion - 3 lanes - Brooklyn Center to New Brighton . TH 169 Expansion . TH 100 Funding and Construction . TH 242 Bridge and related intersection improvements in Coon Rapids ECONOMIC DEVELOP;\IENT AND REDEVELOP;\IENT . Tax Increment Financing Law Improvements . Assisted Member Communities with Special TIF Bills . Brooklyn Center Ponding Project . Earl Brown Heritage Center Expansion . Brooklyn Park and Coon Rapids TIF Districts . Supported Expansion of National Sports Center HOUSING . 2020 Housing Summit and Related Regional Housing Study . Special Legislation Funding Housing Preservation Efforts . Helped Draft Key Portions of Metro Council's Growth Options Strategies ENVIRONI\IE:'>!T & LAND USE PLANNING . Supported Key Federal Super Fund Legislation . Brownfield State Funding Legislation AIRPORT . Developed Position Paper Supporting Retention and Expansion of Current Airport Site . Supported Noise Abatement Investment - Airport Neighbors . Monitored Impacts of Regional Airports TAX RELATED ISSUES . Opposed Legislation Reducing Local Governmental Aid Formulas I , . Support Current Fiscal Disparities Laws . Helped Pass LGA Trust Fund . Spearheaded Effort to Show Cost of Delivering Core Local Government Services . Fought to Improve Metropolitan Area Percent of Gas Tax Distribution --- . CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for May 15,2001 Council Meeting DATE: May 15,2001 The Council is requested to review the supplemental material for the following Agenda Items: Approval of Minutes Item 5. Award Bid/OO-39/Chesterton Commons North 2nd Addition. Item 15. Approve Articles of Incorporation/Bylaws/Declaration/Red Pine Estates. Item 18. Award Bid/OO-41/& 00-40/Red Pine Estates and Woodland Oaks/Street and Utilities. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: May 15.2001 AGENDA SECTION ORIGINATING DEPARTMEN~ Approval of Minutes City Clerk O. O~ (; ITEM NO. Approval of Minutes May 1st minutes - Page 5 - Approve Resolution Establishing New "Institutional" Water Connection Rates: Resolution #082-01 should be added to the motion. ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Mav 15, 2001 AGENDA SECTION ORIGINATING DEPARTMENr Consent Item Scott Erickson~ Engineering ITEM NO. 5. Award Bid/OO-39/Chesterton Commons North 2nd Addition (Supplemental) INTRODUCTION Ashford Development previously petitioned the City for the installation of streets and City utilities for Chesterton Commons North 2nd Addition. DISCUSSION Ashford Development has filed their final plat, entered into the development contract and has paid all required escrows for this project. The bid opening for the project was held on Friday, May 11, 2001. The results of the bid opening were tabulated and are attached for the Council's consideration. BUDGET IMPACT Funding for this project will be from bond proceeds, which will be reimbursed from the development assessments and trunk water and sanitary sewer funds. Bids received are as follows: Contractor Bid Amount Volk Sewer & Water, Inc. $357,058.99 WB Miller, Inc. $392,908.40 Hydrocon, Inc. $406,697.50 Burschville Construction, Inc. $415,636.50 SR Weidema Inc. $422,339.80 Don Zappa & Son Exc., Inc. $437,770.50 Northdale Construction $437,944.61 Randy Kramer Excavating, Inc. $441,805.84 Barbarossa & Sons, Inc. $454,123.60 Engineer's Estimate $385,000.00 (McCombs, Frank Roos and Associates) Volk Sewer & Water, Inc. has successfully performed other projects for the City. ACTION REQUESTED The City Council is requested to approve the resolution accepting bids and awarding the contract to Volk Sewer & Water, Inc. in the amount of $357,058.99 for Chesterton Commons North 2nd Addition, Project 00-39. 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. 00-39 FOR THE CHESTERTON COMMONS NORTH 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 066-01 , dated April 17 , 2001, bids were received, opened and tabulated according to law with results as follows: Volk Sewer & Water, Inc. $357,058.99 WB Miller, Inc. $392,908.40 Hydrocon, Inc. $406,697.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Volk Sewer & Water, 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 Volk Sewer & Water, Inc. in the amount of $357.058.99 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 15th day of Mav ,2001 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk May 14, 2001 Honorable Mayor and Members of the City Council City of Andover 1685 Crosstown Boulevard Northeast Andover, Minnesota 55304 SUBJECT: City of Andover Chesterton Commons North Second Addition Utility and Street Improvements Project City Project No. 00-39 MFRA #13134 Dear Mayor and Council Members: As requested, we have obtained bids for the Chesterton Commons North Second Addition Utility and Street Improvements project. Following is a list of the Contractors with their bid: Contractor Total Bid Volk Sewer & Water, Inc. $ 357,058.99 W.B. Miller, Inc. $ 392,908.40 Hydron, Inc. $ 406,697.50 Burschville Construction, Inc. $ 415,636.50 S.R. Weidema, Inc. $ 422,339,80 Don Zappa & Son Excavating. inc. $ 437,770.50 Northdale Construction $ 437,944.61 Randy Kramer Excavating, Inc. $ 441,805.84 Barbarossa & Sons, Inc. $ 454,123.60 ENGINEER'S ESTIMATE $ 385,651.50 Attached for your use is a summary of the bids for the Engineer's Estimate and top five bidders. We previously completed a Feasibility Report, which included an opinion of probable construction cost and this amount was estimated to $436,093.00. The City of Andover has worked recently with Volk Sewer and Water, Inc. on Grey Oaks, Phase One. It is our opinion that the contract should be awarded to Volk Sewer and Water, Inc. in the amount of$357,058.99. If you have any questions or need additional information, please contact us. Very truly yours, MFRA R. Jeff Elliott, P.E. RJE:pry Enclosure cc: Vicki Volk, City Clerk Scott Erickson, City Engineer s:\main:lAnd 13134:\mayor5-14 ~ , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Mav 15. 2001 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Community Development ITEM NO. 15 David L. Carlberg Approve Articles of Incorporation Community Development Director Bylaws/Declaration Red Pine Estates (Supplemental) Attached please find a revision to the Declaration (Section 14.08, Page 31) that adds language that allows the City to enforce the Declaration regarding restrictions on the use of property, architectural standards, maintenance, and compliance and remedies in the event the association fails to do so. In addition, the Council may also wish to discuss Section 16, Rights to Add Additional Real Estate. The Declaration currently incorporates only 12 of the 34 lots/units as a part of the association with the additional 22 lots/units being added at a later date. Council may wish to provide tighter time frames or additional language to guarantee the additional 22 lots are incorporated in the association documents. ..- Governing Documents, the Rules, and the Act as provided therein. ~- 714.08 Enforcement by City of Andover. The City of Andover, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Section 7, 8, 9 and 14 of this Declaration. 15. SPECIAL DECLARANT RIGHTS. The Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant rights within the meaning of Section 515B.I-I03(31) of the Act for as long as the Declarant is obligated under any warranty or obligation, owns any Unit, or for such shorter period as may be specifically indicated, which may be exercised, where applicable, anywhere within the Property: 15.D1 Complete Improvements. To complete all the Units and improvements indicated on the Plat, or otherwise included in the Declarant's development plans or allowed by the Declaration, and to make Alterations in the Units and Common Elements to accommodate the exercise of any special declarant rights. 15.02 Add Additional Real Estate. To add the Additional Real Estate to the Property as described in Section 16. 15.03 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 within any Units owned by Declarant from time to time, located anywhere on the Property. 15.04 Signs and Marketing. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by the Declarant and on the Common Elements, and to conduct general sales activities. 15.05 Construction; Easements. To perform warranty work, and repairs and construction work, and to store materials in secure areas, in the Units and Common Elements, and to control all such work and repairs, and the right of access thereto, until its completion, which work may be performed without the consent or approval of the Board; and to an easement through the Common Elements and yard areas of the Units as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising special declarant rights, including the right to convey utility and drainage easements to public utilities and governmental subdivisions or agencies. 15.06 Utility Services. To construct underground utility lines, pipes, wires, ducts, 31 . ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Mav 15, 2001 AGENDA SECTION ORIGINATING DEPARTMEN~- Discussion Item Scott Erickso~( Engineering ITEM NO. 18. Award Bid/00-41 & 00-40/Red Pine Estates & Woodland Oaksl Streets & Utilities (Supplemental) INTRODUCTION Gold Nugget Development (Red Pine Estates) & Woodland Development Corp. (Woodland Oaks) previously petitioned the City for the installation of streets and City utilities. DISCUSSION Woodland Development Corp. has filed their final plat, entered into the development contract and has paid all required escrows for the projects. Gold Nugget Development will have all of their documentation completed prior to the notice of award being delivered to the contractor. The final plat for Red Pine Estates is on this agenda for approval The bid opening for the projects was held on Friday, May 11, 2001. The results of the bid opening were tabulated and are attached for the Council's consideration. The project bids received for both projects are under the amounts previously identified in the respective feasibility report for each project (see attached letter from MFRA). The project bids are higher than the "updated" engineer's estimate provided by MFRA. The "updated" engineer's estimate reflects the designed quantities for the project. The "updated" estimate underestimated the project cost by $151,794.00 or 8.7%. Upon comparing the line item costs between the engineer's estimate and the low bid the area of difference is predominately in the water main portion of the bid. . The low bid contactor, Burschville Construction, was $41,087 lower than the next bidder. The bids received are grouped very closely together and reflect an accurate representation of the project costs. We have discussed the bids with the developers and they have verbally recommended moving forward with the project as the project costs are under the estimates identified within the feasibility reports. BUDGET IMPACT Funding for this project will be from bond proceeds, which will be reimbursed from the development assessments and trunk water and sanitary sewer funds. Bids received are as follows: Contractor Bid Amount Burschville Construction, Inc. $1,891,794.00 Randy Kramer Excavating $1,932,881.20 SR Weidema Inc. $1,970,045.70 Northdale Construction $2,009,509.63 Barbarossa & Sons, Inc. $2,074,291.50 Don Zappa & Sons Exc., Inc. $2,129,842.65 Engineer's Estimate $1,740,000.00 (McCombs, Frank Roos and Associates) Burschville Construction, Inc. is recommended to perform this project for the City. ACTION REQUESTED The City Council is requested to approve the resolution accepting bids and awarding the contract to Burschville Construction, Inc. in the amount of $1,891,794.00 for Red Pine Estates & Woodland Oaks, Projects 00-41 & 00-40. 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 NOS. 00-41 & 00-40 FOR RED PINE ESTATES & WOODLAND OAKS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 068-01 & 067-01 , dated April 17 , 2001, bids were received, opened and tabulated according to law with results as follows: Burschville Construction, Inc. $1,891,794.00 Randy Kramer Excavating $1,932,881.20 SR Weidema Inc. $1,970,045.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Burschville Construction, 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 Burschville Construction, Inc. in the amount of $1,891.794.00 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 15th day of Mav ,2001 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk . May 14,2001 Honorable Mayor and Members of the City Council City of Andover 1685 Crosstown Boulevard Northeast Andover, Minnesota 55304 SUBJECT: City of Andover Woodland Oaks and Red Pine Estates Utility and Street Improvements Project City Project Nos. 00-40 and 00-41 MFRA #13135 and #13136 Dear Mayor and Council Members: As requested, we have obtained bids for the Woodland Oaks and Red Pine Estates Utility and Street Improvements project. Following is a list of the Contractors with their bid: Contractor Woodland Oaks Red Pine Estates Total Bid Burschville Construction, Inc. $ $940,234.70 $ 951,559.30 $ 1,891,794.00 Randy Kramer Excavating $ 960,111.50 $ 970,643.00 $ 1,930,754.50 S.R. Weidema, Inc. $ 975,106.77 $ 994,938.98 $ 1,970,045.75 Northdale Construction $ 989,529.87 $ 1,019,979.76 $ 2,009,509.63 Barbarossa & Sons, Inc. $ 1,025,418.50 $ 1,047,273.00 $ 2,072,691.50 Dan Zappa & Son Excavating, Inc. $ 1,044,448.65 $ 1,085,394.00 $ 2,129,842.65 ENGINEER'S ESTIMATE $ 874,321.00 $ 868,627.00 $ 1,742,948.00 Attached for your use is a summary of the bids for the Engineer's Estimate and top five bidders. We previously completed a Feasibility Report, which included an opinion of probable construction cost and this amount was estimated to be $949,896.00 for Woodland Oaks, $987,512.00 for Red Pine Estates, and $1,937,408.00 for the total bid. We have worked recently with Burschville Construction, Inc. on another project. It is our opinion that the contract should be awarded to Burschville Construction, Inc. in the amount of $1 ,891,794.00. If you have any questions or need additional information, please contact us. Very truly yours, MFRA R. Jeff Elliott, P.E. RJE:pry Enclosure cc: Vicki Volk, City Clerk Scott Erickson, City Engineer s:\main:lAnd 13135:\mayor5-14 DATE Mav 15. 2001 O~%\kYl~ ITEMS GIVEN TO THE CITY COUNCIL ~ ~ . Memo from Vicki Volk - May 10, 2001 . Fire Dept. Calls for April 2001 . Articles of Incorporation/Bylaws/Red Pine Estates . Final Landscape Plans/Red Pine Estates . Final PlaURed Pine Estates . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:IDA T AIST AFFIRHONDAAIAGENDAICCLlST.DOC ~ , I , Memorandum .~~~1:::':;"~~W::, To: Mayor and City Council cc: John Erar, City Administratorji; From: Vicki Volk, City Clerk 0, V Date: 5/1 0/200 1 Re: Lawful Gambling In anticipation of questions from various organizations about selling pulltabs at Pov's, staff has the attached fact sheet regarding lawful gambling. on the sheet is from City Ordinance No. 258. 1 , I Lawful Gambling Fact Sheet Eligible Organizations Organizations meeting all of the following conditions in addition to state requirements: 1. Must have at least 15 members who are residents of the City of Andover. Organization must conduct regular meetings at least monthly and each person must attend not less than 50% of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization. 2. Physical site for the organization headquarters or the registered business office of the organization is located within the city and has been located within the city for at least 2 years immediately preceding the application for a license. 3. The physical site where the organization holds it meetings is in the city and has been located within the city for at least 2 years immediately preceding application for a license. Expenditures for Lawful Purposes Not less than 50% of the lawful purpose expenditures will be for lawful purposes conducted or located within the City of Andover trade area (those areas within the city and each city contiguous to Andover). A semi-annual report of the expenditures for lawful purposes within the trade area shall be provided to the City Clerk on or before July 2 and February 2 of each year. Profits from Gambling Devices Such organization shall contribute 10 percent of the net profits derived from lawful gambling to a fund administered and regulated by the city, without cost to such fund, for disbursements by the city of the receipts for lawful purposes. Gambling Tax Gambling tax of one-tenth percent of the gross receipts from all lawful gambling less prizes actually paid out by the organization shall be imposed and shall be payable at the office of the City Clerk on or before July 2 and February 2 of each year. Limitations on Licenses No organization shall be permitted to conduct gambling in more than 3 establishments within the city. Only one organization shall be permitted to operate or sell lawful gambling devices at an owned or leased establishment. " . I Lawful Gambling Fact Sheet Page 2 Mana2ement All gambling operations must be managed by a bona fide member of the licensed organization. State law requires the manager must have been an active member of the organization for at least two years. Application Forms Available from the state Gambling Control Board. State Requirements See Chapter 349 of Minnesota Statutes. -- ANDOVER VOLUNTEER fiRE DEPARTMENT ' , , , TOTAL CALLS fOR THE MONTH Of APRIL 2001 i I , I : . , , , I I . , I , , , MTH' YTD I COUNTY I , 911 r CALLI RESPI SCENE I flRElI ! i # , PRIMARY I ALL # I # INC# DAY' TIME TIME I TIME I TIME I EMS i SHIfT I REASON : RESP I STATION i CALLS 1 ' 182: 010047531 1 . 10:49 10:501 10:52 i 10:54 I EMS 1 WD 12 YO fELL DOWNSTAIRS , 13 3 X 2 I 183! 01004781 i 2 '00:49 00:50 I 00:541 00:59 I EMS I WN '53 YO DIFFICULTY BREATHING 7 I 2 - 3 t 184 010047821 2 00:59 01:00101:051 01:06 , EMS WN 115 YO NOT RESPONDINGIIUNKNOWN MEDICAL I 7 , 1 4 . 185; 01004811 2 15:10 15:111 15:141 CANC EMS WN 50 YOCHEST PAIN/DIFFICULTY BREATHING 18 , 3 X 5 186, 010048371 3 '04:051 04:07I074:16! 04:21 : FIREI N ,FIRE ALARM i 11 I 1 , 6 .187.010049051 4 r N/A 18:18118:211 18:25 FIRE!. N 'SMALL FtRE 10 ' 1 ~~ 010049531 5 13:44113:45113:48, 13:51 I EM5..LJl ,POSSIBLE HEART ATTACK 13 1 I X 6 , 189' 010050081 6 ' N/A ' 15:50115:53 15:59 I FIR Ell D~tURAL GAS SMELL I 16 I 1 X 9 190.010050421 7, N.A 00:261 00:30 1 00:38 FIRElI WN ,UNKNOWN FIRElMUTUAL AID ANOKA 29 : 1 I X 10 I 191 ~ 01004046 7 '00:32 00:32 00:37 I 00:43 FIREI WN HOUSE HIT BY LIGHTNING/FIRE IN OUTLET 29 I 3 I X 11 ~ 192101005048 7 '00:36 00:37 00:42 00:42 FIREI WN 'HOUSE HIT BY LIGHTNING/SMELLS SOMETHING 29 , 2 I X 12 , 193 I 01005048 7 . 00:36 00:37 00:42 00:42 FIREI WN 'LIGHTNING STRIKElSHED ON FIRE 29 , 2 1 X 13 I 194 01005082 7 112:08 12:10 12:15 12:15 EMS WD 'PI ACCIDENT i 8 1 I 14 - 195 ~ 01005083 7 : 12:53i 12:55 12:58 13:04 EMS WD REACTION TO MEDS 5 , 1 I 15 I 196 I 010050841 7 12:57112:58 13:00 13:05 FIREI WD iTREE ON POWER LINE , 6 2 I 16 ' 197 I 01005098 I 7 f N/A I 16:25 16:29 16:30 I EMS WD HORSE KICKED PT/HEAD INJURY , 7 , 3 I 17 I 198 I 01005155 8 I N/A i 21;14 21:161 21:20 EMS WN : PI ACCIDENT I 13 2 18 , 199 I 01005167 9 101:46 01:46 01:57 01:58 EMS WN ASSIST IN LIfTING 4 , 1 I 19 : 200 I 01005181 9 ,10:01110:02 10:08 10:10 FIREI 0 ; POOL PUMP HIT/LEAKING GAS : 13 2 X 20 I 201 I 01005219 10 I 08:49' 08:51 08:57 09:00 FIRElI 0 LINGERING SMOKE SMELL 15 3.1 I X 21 i 202 I 01005221 10 109:28 09:28 09:32 09:35 EMS I 0 '34 YO WITH RAPID HEARTBEAT/FEELING FAINT r 16 I 3,1 X 22 i 203 I 01005229 10 ! 11:33 11:34 11:36 11:40 EMS I D 82 YO FELL AND HIT HER HEAD , 13 , 1 X 23 I 204 i 01005321 11 I 22:54 22:55 23:00 23:02 EMS N ]60 YO INSULIN REACTION i 9 , 1 24 i 205 I 01005401 13116:47 16:49 16:51 CANC FIREI 0 I FIRE ALARM , 11 3 X 25 I 206 I 01005404 13 N/A 17:17 17:22 17:27 FIREI WN 'GRASS FIRElMUTUAL AID OAK GROVE I 23 2 X 26 I 207 I 01005415 i 13 17:44 17:45 17:47 17:51 FIREI WN ,FIRE IN SWAMP , 7 2 27 208 01005441 14 05:48 05:49 05:54 05:59 EMS WD 116 YO BLEEDING FROM THE EARS 6 1 28 I 209 01005448 14 08:47 08:49 08:53 08:55 FIREI WD : FIRE ALARM 7 2 29 I 210 01005534 15 N/A 12:29 12:34 CANC EMS WD 82 YO NOT FEELING WELL 7 I 1 30 1 211 01005549 15 21:15 21:17 CANC CANC FIREI WN FIRE ALARM 6 3 31 I 212 01005555 16 03:47 03:48 03:52 CANC EMS WN 11 YO EXPERIENCING SEVERE NOSEBLEED 5 I 3 32 213 01005594 16 15:56 15:58 16:00 16:05 EMS WD FEMALE OUT OF BREATH 15 I 1 X 33 214 01005644 17 N/A 15:06 15:10 15:17 EMS 0 35 YO INCOHERANT 12 I 1 X 34 215 01005682 18 07:07 07:07 07:12 07:17 EMS 0 911 OPEN LINE. DIFFICULTY BREATHING 11 1 X 35 216 01005709 18 15:55 15:56 15:57 16:01 EMS 0 I P I ACCIDENT 17 3 X 36 217 01005710 18 16:57 16:57 16:58 17:05 FIREI D I GRASS FIRE 22 3 X 37 218 01005723 18 19:12 19:13 19:23 19:25 EMS N I LIfT ASSIST 7 1 38 I 219 01005761 19 12:24 12:25 12:27 CANC FIREI 0 i FIRE ALARM 9 3 X 39 220 01005892 21 17:19 17:21 17:23 17:27 EMS WN 30 YO PASSED OUT IN CAR 10 3 40 221 01005894 21 NlA 17:52 17:54 CANC FIREI WN SMELLS SMOKE FROM SEWER GRATES 4 1 41 222 01005916 22 00:23 00:25 00:27 00:30 FIREI WN POSSIBLE ILLEGAL BURN 5 3 42 223 01005921 22 02:00 02:01 02:06 02:07 EMS WN POSS ALCOHOUMEDS OVERDOSE 4 2 43 224 01005935 22 14:18 14:20 14:22 14:27 FIREI WD FIRE ALARM 12 2 44 225 01005936 22 14:33 14:35 14:37 14:42 flREI WD SMOKE FROM ELECTRIC BOXILIGHTNING 20 3 X 45 226 01005975 22 NlA 22:28 22:31 22:38 EMS WD 5 DO BABY KEEPS GOING LIMP 6 3 46 227 01006067 24 15:04 15:05 15:10 15:13 EMS D 5 YO FELL OFF SWING/POSSIBLE BROKEN ARM 10 1 47 228 01006126 25 16:01 18:02 16:05 16:08 EMS 0 34 YO PASSEO OUT/CHEST PAIN 17 3 X 48 229 01006134 25 17:37 17:37 17:40 17:44 FIREI N LEAKING BBQ PROPANE TANK 10 3 49 230 01006151 25 22:07 22:11 22:17 22:20 FIREI N GASOLINE ODOR 7 1 50 231 01006182 26 11:58 11:58 12:03 12:10 FIREI 0 ELECTRIC POLE ON FIRE 12 2 X 51 232 01006207 26 N/A 18:24 18:27 18:32 FIREI N GRASS FIRE 6 1 52 233 01006217 26 20:56 20:56 20:59 21:02 FIREI N UNKNOWN FIRE 11 2 53 234 01006219 26 21:25 21:26 21:29 21:31 FIREI N I UNKNOWN FIRE 8 1 54 235 01006222 26 N/A 21:48 21:51 21:53 FIREI N 'LARGE BONFIRE 7 1 55 I 236 01006248 27 NfA 10:21 CANC CANC FIREI 0 STRONG NATURAL GAS ODOR 4 I 2 X 56 237 01006252 27 12:18 12:18 12:22 12:27 FIREI D POSSIBLE GRASS FIRE 10 1 X 57 238 01006273 27118:41 18:42 18:48 18:51 EMS WN 74 YO CHEST PAIN 3 1 1 58 239 I 01006269 27 22:24 22:25 22:30 CANC FIREI WN SEE FLAMES/POSSIBLE FIRE 5 I 1 59 240 01006306 28 09:23 09:23 09:26 09:28 EMS WD INSULIN REACTION 6 I 1 60 241 01006315 28 11:31 11:32 11:37 11:38 FIREI WD I POSSIBLE GRASS FIRE 7 I 1 61 I 242 01006317 28 11:49111:51 11:54 CANC EMS WD I PI ACCIDENT 13 I 3 X 62 243 01006323 28 14:38 14:38 14:40 14:42 EMS WD 171 YO NOT BREATHING 11 I 2 63 244 01006325 28 14:45 14:46 14:51 14:55 FIREI WD I ILLEGAL BURN 6 I 1 64 245 01006336 28 17:48 17:491 17:50 17:52 FIREI WN IGRASS FIRE 11 I 2 65 246 01006392 29 09:56 09:571 10:03 10:07 FIREI WD 'POSSIBLE ILLEGAL BURN 4 1 66 247 01006394 29 10:25 10:26 10:29 10:32 EMS WD 129 YO DIFFICULTY BREATHING I 6 , 1 67 I 248 01006406 29 113:03 13:04 13:06 13:11 FIREI WD 'SEES SMOKE , 8 I 2 i 66 ! 249 010064111 29 114:01 14:01 14:04 14:09 EMS WD 'DOMESTIC/MEDICAL 7 I 1 I 69 I 250 01006416 29 15:14 15:15 15:21 15:25 FIREI WD i ILLEGAL BURN 6 3 70 1 251 01006426129117:22 17:23 17:30 17:33 FIRE! WN : STOVE FIRE 22, 3 X 71 i 252 01006464 30 i 14:25114:26 14:28 14:34 EMS 0 'POSSIBLE PI ACCIDENT 14 I 1 X 72 I 253 01006503 30 118:36 18:37 18:42 18:46 EMS N CO DETECTOR SOUNDING , 8 i 2 I I , I ; I I , I , I , ! I ; , I , I 1 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 785 ' 5/9/01 , , CITY OF ANDOVER REQUEST FOR COuNCIL ACTION Date May 15,2001 AGENDA SECTION Approval of Claims lITEM NO. Schedule of Bills I REQUEST: The Andover City Council is requested to approve total claims in the amount of $602,592.27. BACKGROUND: . Claims totaling $ 88,240.70 on disbursement edit list #1 dated 05-08-01 have been issued and released. Claims totaling $242,480.32 on disbursement edit list #2 dated 05-15-01 will be issued and released upon Council approval. Bond payments totaling $271,871.25 on attached listing to be wired on 05-31-01 for a 06-01-01 due date. Date: 05-15-2001 Approved By: . --- , , I Bond Payments to be wired to the following: Due Date: 06/01/01 Funds to be wired on May 31, 2001 Payee Bond Name Principal Interest Total Amount US Bank EDA-Public Proj. Rev. Bonds-1997 63,002.50 63,002.50 - US Bank GO Impr. Bonds-1997B 87,395.00 87,395.00 . - US Bank GO Impr. Bonds-1997A 28,737.50 28,737.50 - US Bank Tax Incr. Bonds of 1999 32,987.50 32,987.50 - US Bank GO Impr. Bonds - 1999 59,748.75 59,748.75 Total 271,871.25 , , "'., .. ... ... .. .. ... .,,, . . >'" . . 00. . . "'" . . ~., . . ~ . . . . "U . . 0 :.--- . ... . ..,,' . . ... ~\ . ...'" . Uo . > . I . <IlO: . ...0 00 . 0..... "'.. . . '-' 0." . . ,,"-, . . '" m "" ... ... ... ... ... ... ffi .'" . . "'" ... ... ... to .. .. ... 0 . . '" .., ... .. 011 ... ... .. '" . . '" . . !3 ... ........-1......... ..'" . . '" .., . . '" .. 0000 it ... m . . " . .... . . U .... ... ........................... .... "'" ... . . 0 '" '" . . ..... '" .(00)<00:1. .. 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H"'''' '" , ~.... 0. ~~.-q;;: r... r... 13 1 ~ ~ H ","8",,,, 1 H l'i .. 1 " u.... ~ ~ E-4 ~ I ~ C::l ~ "" '" ~g " ffi~~i'::!;!~ '" ;Ii: ffi '" '" ~ ~ "'" ., " DtI]P1E--43::tIl '" '" " H__ '" '" ...... ~ "', g .... '" ~: '" '" u__ 13 ....NIQr-....N ~ ~: " "'.. 00......,.00 ~ '" "0 .. ..' ....'It'''''..,.\O\D " '" " ... r"' , RECEIVED ARTICLES OF INCORPORATION APR 2 4 2001 OF CITY OF ANDOVER RED PINE ESTATES TWINHOMES ASSOCIATION 1. NAME. The name of the corporation is RED PINE ESTATES TWINHOMES . ASSOCIA TIaN. 2. REGISTERED OFFICE. The registered office of the corporation is 8857 Zealand Avenue North, Brooklyn Park, Minnesota 55445. 3. INCORPORATOR. The name and address of the incorporator are as follows: Horst Graser 8857 Zealand Avenue North Brooklyn Park, IvfN 55445 4. APPLICABLE STATUTE. The corporation is organized under the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317 A. 5. PURPOSES AND POWERS. This corporation is formed for the purpose of constituting and acting as the association of unit owners within the meaning of the Minnesota Common Interest Ownership Act, Minnesota Statutes, Sections 515B.I-I0l to 5I5B.4-118, as amended (the Act), for Red Pine Estates Twinhomes, a planned community to be duly formed under the Act upon land located in Anoka County, Minnesota. The purposes shall include, but not be limited to, the following: (a) To maintain, manage and administer the affairs and property of Red Pine Estates Twinhomes, and of the planned community; (b) To exercise the powers set forth in Minnesota Statutes, Section 515B.3- 102; (c) To do any and all acts and things required or permitted to be done by, and to have and to exercise any and all powers, rights and privileges which are granted to an association of unit owners by the Minnesota Common Interest Ownership Act, the Declaration, the Bylaws and to a nonprofit corporation under the Minnesota Nonprofit Corporation Act, as amended; and 041701 1 . . t (d) To act as a "residential real estate management association" within the meaning of Section 528 of the Internal Revenue Code of 1986, as amended. 6. DURATION. The corporation shall have perpetual duration. 7. MEMBERSHIP. (a) The corporation shall be a membership corporation without certificates or shares of stock. (b) The qualifications of members, the different classes of membership, if any, the manner of their admission to the corporation, the property, voting and other rights and privileges of the members, and their liability to dues and assessments and the method of collection thereof, shall be as set forth in the Bylaws and the Declaration. (c) Except for the initial Bylaws which shall be adopted by the first Board, the power to adopt, amend or repeal the Bylaws is reserved for the members. 8. BOARD OF DIRECTORS. (a) The business and affairs of the corporation shall be conducted, managed and controlled by a Board of Directors, consisting of 3 members. The names and addresses of each member of the first Board are as follows: Horst Graser 8857 Zealand Avenue North Brooklyn Park, Jv1N 55445 Wayne Fleck 8857 Zealand Avenue North Brooklyn Park, Jv1N 55445 Chris Heino 8857 Zealand Avenue North Brooklyn Park, Jv1N 55445 (b) The method of election and term of office, removal and filling of vacancies shall be as set forth in the Bylaws. The Board may delegate such operating authority to such companies, individuals or committees as it, in its discretion, may determine. (c) Any action required or permitted to be taken at a Board meeting may be taken by written action signed by the number of directors that would be required to take the same action at a meeting of the Board at which all directors were present, except as to actions requiring member approval, which shall be signed by all of the directors. 9. NO PERSONAL LIABILITY. Members, directors and officers of the corporation shall have no personal liability for corporate obligations. 2 t 10. DISSOLUTION. The corporation may be dissolved only as provided in the Declaration, the Bylaws and by the laws of the State of Minnesota. I I. AMENDMENTS. These Articles may be amended as provided in the Minnesota Nonprofit Corporation Act; provided, however, that such amendments may neither conflict with the Declaration nor impair or dilute any rights of the members that are governed by the Declaration. 12. APPROVAL. As long as the Declarant is in control of the Association, the following actions shall require the prior approval of the Federal Housing Administration or the Veterans Administration: (a) Annexation of additional properties; (b) Mergers and consolidations; (c) Mortgaging or dedication of the Common Elements; (d) Dissolution of the Association; and (e) Amendment of these Articles. EXECUTED IN WITNESS WHEREOF on this of , 2001. - HORST GRASER 3 , RED PINE ESTATES TWINHOMES BYLAWS TABLE OF CONTENTS Page SECTION 1: GENERAL ......................................... 1 SECTION 2: ME"MBERSHIP....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 SECTION 3: VOTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SECTION 4: MEETINGS OF OWNERS ............................. 3 SECTION 5: ANNUAL REPORT. . . .. . . . .. . .. .. . . . . . . . . . .. . . . .. . . .. 4 SECTION 6: BOARD.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SECTION 7: OFFICERS ......................................... 10 SECTION 8: OPERATION OF THE PROPERTY .... . . . . . . . . . . . . . . . . . 11 SECTION 9: AMENDMENTS .................................... 13 SECTION 10: INDEMNIFICATION. . . . .. . . . . .. . . . . . . . . . . . . . . .. . .. . 14 SECTION 11: NONPROFIT CORPORATION........................ 14 SECTION 12: MISCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 RECEIVED AP;.~ 2 4 041701 CITY OF ANDOVER Common Interest Community No. 89 (planned. Community ) RED PINE ESTATES TWINHOMES ASSOCIATION BYLAWS 1. GENERAL. The following are the Bylaws of RED Pine Estates Twinhomes Association, a Minnesota nonprofit corporation (the Association). The Association is organized pursuant to Section 515B.3-l 0 1 of the Minnesota Common Interest Ownership Act (the Act) for the purpose of operating and managing Red Pine Estates Twinhomes, a planned community created pursuant to the Act. The terms used in these Bylaws shall have the same meaning as they have in the Declaration for Red Pine Estates Twinhomes (the Declaration) and the Act. 2. MEMBERSHIP. 2.01 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. 2.02 Registration of Owners and Occupants. Each Owner shall register with the secretary of the Association, in writing, within 30 days after taking title to a Unit, (a) the name and address of the Owners and any Occupants of the Unit, (b) the nature of such Owner's interest or estate in each Unit owned; (c) the address at which the Owner desires to receive notice of any meeting of the Owners, if other than the Unit address; (d) the name and address of the secured party holding the first mortgage on-the Unit, if any; and (e) 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. 2.03 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. 041701 1 3. VOTING. 3.01 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. During any period when the assessments against a Unit are unpaid for more than 60 days after due and payable, the Unit's voting rights may be suspended. 3.02 Authority to Cast Vote. At any meeting of the Owners, an Owner included on the voting register presented by the secretary in accordance with Section 4.06, 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 2.02, the vote shall not be cast. 3.03 Voting by 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 (a) the revocation by the granting Owner by written notice or by personally attending and voting at the meeting for which the proxy is effective, (b) 11 months after the date of the proxy, unless otherwise provided in the proxy, or (c) the time at which the granting Owner is no longer an Owner. 3.04 Voting by Mail 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 (iv) specify the time by which a ballot must be received by the Association in order to be counted. (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 shall set the time for the return of ballots, which shall not be less than 10 nor more than 30 days after the date of mailing of the ballots to the Owners. The Board shall provide notice of the results of the vote to the Owners within 30 days after the expiration of the voting period. (d) Approval by written ballot under this Section 3.04 is valid only if the 2 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. 3.05 Vote Required. A majority of the votes cast at any properly constituted meeting of the Owners, or cast by mail in accordance with Section 3.04, 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 percent of the votes cast at a 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. 4. MEETINGS OF OWNERS. 4.01 Place. All meetings of the Owners shall be held at the office of the Association or at such other place in Minnesota reasonably accessible to the Owners as may be designated by the Board in any notice of a meeting of the Owners. 4.02 Annual Meetings. 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. At each annual meeting of the Owners, (a) the Persons who are to constitute the Board shall be elected pursuant to Section 5, (b) a report shall be made to the Owners on the activities and fmancial condition of the Association, and (c) 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. 4.03 Special Meetings. Spepial 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 of the written request of a majority of the members of the Board or of Owners entitled to'cast at least 20 percent of 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 purposes stated in the notice. The purpose for which the meeting is requested and held must be lawful and consistent with the Association's purposes and authority under the Governing Documents. 4.04 Notice of Meetings. At least 21, but no more than 30, days in advance of any annual meeting of the Owners, and (subject to Sections 6.02 and 6.03 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, 3 notice of the date, time, place and agenda of the meeting, postage prepaid 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 an 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 ofIncorporation shall also be given separately to each officer and director of the Association. 4.05 Quorum; Adjournment. The presence of Owners in person or by proxy, who have the authority to cast in excess of 20 percent 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. If the voting rights of a Unit have been suspended because of unpaid assessments, the Unit shall not be counted toward a quorum. 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 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 not be counted in determining a quorum as to any Unit owned by the Association. 4.06 Voting Register. The secretary shall have available at the meeting a list of the Unit numbers, 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. 4.07 Agenda. The agenda for meetings of the Owners shall be established by the Board, consistent with the Governing Documents, and shall be sent to all Owners along with the notice of the meeting. 5. ANNUAL REPORT. The Board 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 2 percent of the current budget or $5,000, whichever is greater, approved by the Association for the current year or succeeding 2 fiscal years. (b) A statement of the balance in any reserve or replacement fund and any 4 portion of the fund designated for any specified project by the Board. (c) A copy of the statement of revenues and expenses for the Association's last fiscal year, and a balance sheet as of the end of said fiscal year. (d) A statement of the status of any pending litigation or judgments to which the Association is a party. (e) A detailed description of the insurance coverage provided by the Association, including a statement as to which, if any, of the following items within the Units are insured by the Association: (i) ceiling or wall finishing materials, (ii) floor coverings, (iii) cabinetry, (iv) finished millwork, (v) electrical or plumbing fixtures serving a single Unit, (vi) built-in appliances, or (vii) other improvements and betterments, regardless of when installed. (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. 6. BOARD. 6.01 Number and Qualification. The affairs of the Association shall be governed by a Board. The first Board shall consist of the persons designated as directors in the Articles of 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 6.02. Upon the expiration of the terms of the members of the first Board, the Board shall be composed of 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. 6.02 Term of Office. The terms of office of the members of the Board shall be as follows: (a) Subject to Section 6.02(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 the Declarant, (ii) an Association meeting which shall be held within 60 days after conveyance to Owners other than the Declarant of 75 percent of the total number of Units authorized to be included in the Property, or (iii) 5 years after the date of the first conveyance of a Unit to an Owner other than the Declarant. The term of office of any director elected to the first Board by Owners other than the Declarant shall terminate at the same time as those appointed by the Declarant. 5 (b) Notwithstanding the provisions of Section 6.02(a), the Owners other than the Declarant shall have the right to nominate and elect not less than 33 1/3 percent of the directors at a meeting of the Owners held within 60 days following the conveyance by the Declarant of 50 percent of the total number of Units authorized to be included in the Property; and so long as the Declarant is an Owner, the Declarant shall be entitled to appoint the director with an initial 3 year term. After the Declarant ceases to be an Owner, the director appointed by the Declarant shall resign and the remaining directors shall appoint a director to serve the unexpired portion of the term. Thereafter, the Owners shall elect the successor to such director. (c) The first terms of office of the directors elected by the Owners immediately following the termination of the terms provided for in Section 6.02(a) shall be one year for one of the directors, 2 years for one of the directors, and 3 years for the remaining director. The nominees receiving the greatest numbers of votes shall fill the longer terms. Each term of office thereafter shall be 3 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 number 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 Bylaws. There shall be no cumulative voting for directors. 6.03 Nominations. Nominations for election to the Board shall be made by a nominating committee appointed by the Board, or from the floor at the annual meeting or by "write-in" if authorized by the Board. . 6.04 Powers. The Board 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 shall include, without limitation, the power to: (a) Adopt, amend and revoke Rules 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 O~cupants, 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 6 treatments, and signs and other displays, regardless of whether inside a Unit; (vi) implementing the Governing Documents, and exercising the powers granted by this Section 6.04; 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 the 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; G) 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; (k) Impose charges for late payment of Assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Governing Documents and the Rules; (1) Impose reasonable charges for the review, preparation and recordation of amendments to the Declaration or Bylaws, resale certificates required by Section 7 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; (0) Appoint, regulate and dissolve committees; and (P) Exercise any other powers conferred by law or the Governing Documents, or which are necessary and proper for the governance and operation of the Association. 6.05 Meetings and Notices. An annual meeting of the Board 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 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 ofthe Board. A schedule, or any amended schedule, of the regular meetings shall be provided to the directors. (b) Special meetings of the Board shall be held when called (i) by the president of the Association, or (ii) by the secretary within 10 days following the written request of any director. Notice of any special meeting shall be given to each director not less than 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. (c) Except as otherwise provided in the Act, meetings of the Board must be open to the Owners. To the extent practicable, the Board shall give reasonable notice to the Owners of the date, time, and place of a board meeting. If the date, time, and place of meetings are announced at a previous meeting of the Board, posted in a location accessible to the 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. (d) A meeting of the Board or any committee of the Board may be 8 condncted by a telephone conference or any means of communication throngh which the participants may simultaneously hear eacl1 other during the meeting, if notice of the meeting has heen given as wonld he reqnired for a meeting and if the nnmher of persons participating in the conference is snfficient to coustitute a qnorum. participating in a conference constitutes personal presence at the meeting. A director may participate in a Bom:d meeting by means of commnuication throngh which the director, other directors participating, and all other directors physically present at the meeting may simnltaneonsly hem: each other during the meeting. participation in a meeting by this means constitutes personal presence at the meeting. (e) AIri direetor may at any time waive notice of any meeting of the Bom:d orally, in writing, or by attendance at the meeting. If all the directors m:e present at a tueeting of the Bom:d, no notice shall he reqnired, and any hnsiness may he transacted at such meeting. 6.06 Quorum and Voting. A majority of the members of the Bom:d shall constitute a qnorum for the transaction ofhnsiness at any meeting thereof. A qnorum. once estahlished, shall continne to exist, regardless of the subsequent departure of any directors. Each director shall have one vote. The vote of a majority of the directnrs present at any mceting at which a qnorum is present shall be snfficient to adopt any action. Proxies shall not be permitted. 6.07 Action Without a Meeting. AnY Bom:d action, other than an action reqniring membership approval, may be taken by written action signed by the number of directors that would be required to take the same action at a meeting of the Bom:d at which all directors were present. An action requiring membership approval reqnired or permitted to be teken at a Bom:d meeting may be taken by written action signed by all nfthe directors. Any snch written action is effective when signed by the required numher of directors, unless a different effective time is provided in the written acllon. When written action is taken hy less than all directors, all directors shall be notified inUUediately of its text and effective date. Fallnre to provide the notice does not Invalidate the written action. A director who does not sign or consent to the written action has no liability for the aetion or actions taken thereby. 6.0& Vacancies. A vacancy in the Bom:d shall be filled hy a person elected within 15 days following the oceurrence of the vacancy by a majority vote of the remaining direetors, regm:dless of their number; except for vacancies created pursuant to Sections 6.02 and 6.09. Each person so elected shall serve ont the term vacated. 6.09 Removal. A director may he removed from the Bom:d, with or withont canse, by a majority vote at any annnal or special meeting of the Owners; provided that, (a) the 9 .. notice of the meeting at which removal is to be considered states such purpose, (b) the director to be removed has a right to be heard at the meeting, and (c) 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 if such director (i) has more than two unexcused absences from Board meetings and/or Owners meetings during any 12 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 6.09. 6.10 Compensation. 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, 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 oftheir duties. 6.11 Fidelity 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. 7. OFFICERS. 7.01 Principal 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. The Board 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. 7.02 Election. The officers of the Association shall be elected annually by the Board at its annual meeting and shall hold office at the pleasure ofthe Board. 7.03 Removal. Upon the affirmative vote of a majority of the directors, any officer may be removed, with or without cause, and a successor elected, at any regular meeting of the Board, or at any special meeting of the Board called for that purpose. 7.04 President. The president shall be the chief executive officer of the Association, and shall preside at all meetings of the Board 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 to supervise all 10 . 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. 7.05 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. 7.06 Secretary. The secretary shall keep the minutes of all meetings of the Board and the Association. The secretary shall be responsible for 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. The Board may delegate the secretary's administrative functions to a managing agent; provided that such delegation shall not relieve the secretary of the ultimate responsibility for the secretary's duties. 7.07 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 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 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, shall cause the funds of the Association to be disbursed as ordered by the Board and shall perform all other duties incident to the office of treasurer. The Board may delegate the treasurer'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. 7.08 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 capacity. An officer, or other Owner or Occupant may, upon approval by the Board, 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. 8. OPERATION OF THE PROPERTY. 8.01 Assessment Procedures. The Board shall, at least 30 days prior to the first day of the Association's fiscal year, prepare a budget of Common Expenses for the 11 Association and assess and levy such Common Expenses against the Units 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 maintenance, repair and replacement of those Common Elements and parts of the Units that must be maintained, repaired or replaced by the Association on a periodic basis. (a) The Board shall fix the amount of the Annual Assessment against each Unit and advise the Owners in writing of the Assessment at least 30 days prior to the date when the first installment thereof is due. Increases in Assessments shall be subj ect to the limitations set forth in Section 6 of the Declaration. The failure of the Board to timely levy or of the Owners to approve 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, by the Board 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 Assessments are based to an Owner or to any Eligible Mortgagee, upon request of such persons. 8.02 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. 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. 8.03 Default in Payment of Assessments. If any Owner does not make payment on or before the date when any Assessment or installment thereof is due, subject to such grace periods as may be established, the Board 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 30 days in payment of any Assessment, the Board may accelerate any remaining installments of the Assessment upon prior 12 " 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, costs of collection and fines, are paid prior to such date. (b) The Board 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 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. (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. 8.04 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. 8.05 Records. The Board shall cause to be kept at the registered office of the Association, and at such other place as the Board may determine, records ofthe actions of the Board, minutes of the meetings of the Board, 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. Current copies of the Governing Documents and all Association books, records, and financial statements 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. 8.06 Enforcement of Obligations. All Owners and Occupants and their guests are obligated and bound to observe the provisions of the Governing Documents, the Rules and the Act. The Association may impose any or all of the charges, sanctions and remedies authorized by the Governing Documents, the Rules or by law to enforce and implement its rights and to otherwise enable it to manage and operate the Association. 9. AMENDMENTS. These Bylaws may be amended as provided in Minnesota Statutes, Section 317 A.181; provided, however, that such amendments may neither 13 . conflict with the Declaration nor impair or dilute any rights of the Owners that are governed by the Declaration, and the Federal Housing Administration or the Veterans Administration must approve any amendments to these Bylaws made while the Declarant is in control of the Association. 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, Section 317A.521. 11. NONPROFIT CORPORATION. The Association is not organized for profit. No member of the Association, member of the Board, or Person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations of the Association, and in no event shall any part of the funds or assets of the Association be paid as a dividend or be distributed to, or inure to the benefit of, any member of the Board. Notwithstanding the foregoing, (a) reasonable compensation may be paid to any Member or manager acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of the Association, (b) any Member or manager may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association, and any director may be reimbursed for actual expenses incurred in the performance of his duties. 12. MISCELLANEOUS. 12.01 Notices. Unless specifically provided otherwise in the Act, the Declaration or these Bylaws, all notices required to be given by or to the Association, the Board, the Association officers or the Owners or Occupants shall be inwriting 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 2.02 shall be effective upon receipt by the Association. 12.02 Severability. The invalidity or unenforceability of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws. 12.03 Captions. 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 Bylaws or the intent of any provision hereof. 12.04 Conflicts in Documents. In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or the Rules, the Act shall control unless it permits 14 the documents to control. As among the DecIaration, the Bylaws and the Rules, the DecIaration shall control; and as between the Bylaws and the Rules, the Bylaws shall control. 12.05 Waiver. No restriction, condition, obligation or provision contained in these Bylaws 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. 12.06 No Corporate Seal. The Association shall have no corporate seal. 12.07 Fiscal Year. The fiscal year of the Association shall be as determined by the Board. The undersigned hereby certifies that these Bylaws were duly adopted by action of the Board of Red Pine Estates Twinhomes Association, effective as of the _ day of , 2001. RED PINE ESTATES TWINHOMES ASSOCIATION BY ITS SECRETARY STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of ,2001, by , the Secretary of RED PINE ESTATES TWINHOMES ASSOCIATION, a Minnesota corporation, on its behalf. Notary Public 15 f (.:, r RED PINE ESTATES TWINHOMES DECLARATION TABLE OF CONTENTS Page SECTION 1: DEFINITIONS ....................................... 1 SECTION 2: NUMBER OF UNITS; BOUNDARIES; AND RELATED EASEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SECTION 3: COMMON ELEMENTS AND LIMITED COMMON ELEMENTS ......................................... 5 SECTION 4: ASSOCIATION MEMBERSHIP; RlGHTS AND OBLIGATIONS..................................... . 6 SECTION 5: ADMINISTRATION .................................. 7 SECTION 6: ASSESSMENTS '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SECTION 7: RESTRlCTIONS ON USE OF PROPERTY . . . . . . . . . . . . . . . . 13 SECTION 8; ARCHITECTURAL STANDARDS...................... 17 SECTION 9: MAINTENANCE..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SECTION 10: PARTY WALLS..................................... 21 SECTION 11: INSURANCE ....................................... 22 SECTION 12: RECONSTRUCTION, CONDEMNATION, AND EMINENT DOMAIN ..................... " . . . . . . . . . . . . . . . . . . . . 25 SECTION 13: EASEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 SECTION 14: COMPLIANCE AND REMEDIES ...................... 27 SECTION 15: SPECIAL DECLARANT RlGHTS ...................... 31 SECTION 16: RlGHTS TO ADD ADDITIONAL REAL ESTATE.. . .. . . . . 32 SECTION 17: AMENDMENTS .................................... 33 SECTION 18: RlGHTS OF ELIGIBLE MORTGAGEES. . . . . . . . . . . . . . . . . 34 SECTION 19: MISCELLANEOUS.. . . . . . . . . .. . . ... . ... . .. . .. . . .. . . . 37 r , Common Interest Community No. 89 (planned Community) REDPnNEESTATEST~OMES DECLARATION By this Declaration made on the _ day of ,2001, GOLD NUGGET DEVELOPMENT, INC., does hereby submit the real property in Anoka County, Minnesota, described in Section 1.24, and such of the real property described in Section 1.01 as may be added hereto, to the provisions of Minnesota Statutes, Chapter 515B, the Minnesota Common Interest Ownership Act, as amended (the Act), for the purpose of creating Red Pine Estates Twinhomes, a planned community that is not subject to a master association, and does hereby declare that the real property described in Section 1.24, and such of the real property described in Section 1.01 as may be added hereto, shall be held and conveyed subject to the following terms, covenants, restrictions, and conditions: 1. DEFINITIONS. The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.01 "Additional Real Estate" means the real property described in the attached Schedule C, including all improvements now or hereafter located thereon, and all easements and rights appurtenant thereto, which property Declarant has the right to add to the common interest community, 1.02 "Alteration" is defmed in Section 8.01(a). 1.03 "AnImal Assessment" means the Asses~ments levied annually pursuant to Section 6.02. 1.04 "Assessments" means the Annual, Special and Limited Allocation Assessments levied pursuant to Section 6 of this Declaration. 1.05 "Association" means RED PnNE ESTATES TWINHOMES ASSOCIATION, a nonprofit corporation organized pursuant to Minnesota Statutes, Chapter 317 A, and Minnesota Statutes, Section 515B.3-101. 1.06 "Board" means the board of directors of the Association. 1.07 "Bylaws" means the Bylaws of the Association, as amended from time to time. 041701 1 , , 1.08 "Common Elements" mean all portions of the Property other than the Units, and initially consist of the real property described in the attached Schedule B. 1.09 "Common Expenses" means 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 this Declaration or Bylaws. 1.10 "Community" mean the common interest community created by this Declaration. 1.11 "Declarant" means GOLD NUGGET DEVELOPMENT, INC., or its successor as defined in Section 5I5B.I-I03(I5) of the Act. 1.12 "Declaration" means this document, including any amendments. 1.13 "Dwelling" means 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 included within the boundaries of the Unit in which the Dwelling is located. 1.14 "Eligible Mortgagee" means 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 requires approval by a specified percentage of Eligible Mortgagees. 1.15 "Governing Documents" means this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time. 1.16 "Limited Allocation Assessment" means the Assessments levied by the Association pursuant to Section 6.04. 1.17 "Limited Common Elements" means a portion of the Common Elements allocated by Section 3.02 of this Declaration for the exclusive use of one or more but fewer than all of the Units. 1.18 "Maintenance" is defined in Section 9.01. 1.19 "Member" means all persons who are members of the Association by virtue 2 , 1 of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.20 "Occupant" means a Person, other than an 9wner, in possession of or residing in a Unit. 1.21 "Owner" means a Person who owns a Unit, but excluding contract for deed sellers, mortgagees and other secured parties within the meaning of Section 515B .1- 103(29) of the Act. The term "Owner" includes, without limitation, contract for deed purchasers and holders of a life estate. 1.22 "Person" means an individual, corporation, limited liability company, partnership, trustee, personal representative, guardian, conservator, government, governmental subdivision or agency, or other legal entity. 1.23 "Plat" means the recorded plat of the Property pursuant to Section 515B.2- 11O(d) of the Act, and Minnesota Statutes, Chapter 505, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 1.24 "Property" means the real property and all improvements, easements, rights and appurtenances submitted to the Act by this Declaration. As of the date of this Declaration, the Property consists of the real property described in the attached Schedule A. 1.25 "Rules" means the Rules of the Association as approved from time to time pursuant to Section 5.06. 1.26 "Special Assessment" means an Assessment levied pursuant to Section 6.03 on an irregular basis. 1.27 "Unit" means any lot subject to this Declaration, as shown on the Plat, upon which a Dwelling is or will be located, including all improvements thereon. 2. NUMBER OF UNITS; BOUNDARIES; AND RELATED EASEMENTS. 2.01 Units. The Community shall contain 12 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. The Unit identifiers and locations of the Units shall be as shown on the Plat, which is by reference incorporated in and made a part of this 3 , , Declaration. The Declarant has reserved the right in Section 16 to create up to a total of 34 Units. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.02 Unit Boundaries. The boundaries of each Unit shall be the boundary lines of the lot upon which the Dwelling is or will be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.02, all spaces, walls and other fixtures and improvements within the boundaries of a Unit are a part of the Unit. 2.03 Access Easements. Each Unit, including each Unit added from the Additional Real Estate, shall be the beneficiary of a perpetual appurtenant easement for access to a public street or highway on or across those portions of the Common Elements paved for use as streets, as shown on the Plat, subject to any restrictions set forth in the Governing Documents or the Rules. 2.04 Use and Enjoyment Easements. Each Unit shall be the beneficiary of perpetual 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 Governing Documents. 2.05 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of perpetual appurtenant easements for all services and utilities servicing the Units and Common Elements, and for maintenance, repair and replacement as described in Section 13. 2.06 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of perpetual appurtenant easements for encroachments as described in Section 13. 2.07 Declarant's Easements. Declarant shall have and be the beneficiary of easements for construction and sales activities as described in Section 15. 2.08 Roadway Access Easements. The Common Elements shall be subject to an appurtenant easement for roadway access in favor of the owners and occupants of any part of the Additional Real Estate which is not added to the Property, as described in Section 13. 2.09 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall run with the land, and shall be permanent, subject only to termination in accordance with the Act or the terms of the 4 -- , . 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. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property, subject to the Declaration and the right of the Association to establish and enforce reasonable Rules governing the use of the Property. 2.11 Benefit of Easements. All easements benefitting a Unit shall benefit the Owners and Occupants of the Unit, and their families and guests. However, an Owner who has delegated the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during such delegated occupancy, except as a guest of an Owner or Occupant or in connection with the inspection of the Unit or recovery of possession of the Unit from the Occupant pursuant to law. 3. COMMON ELEMENTS AND LIMITED COMMON ELEMENTS. 3.01 Common Elements. The Common Elements and the rights of the Owners and Occupants in the Common Elements are as follows: . (a) All of the Property not included within the Units constitutes Common Elements. The Common Elements include, but are not limited to all areas and items listed in this Section 3, and those parts of the Property described in the attached Schedule B or designated as Common 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 (i) certain easements as described in Sections 2, 13 and 15; (ii) the rights of Owners and Occupants in Limited Common Elements appurtenant to their respective Units; and (iii) the right of the Association to establish reasonable Rules governing the use of the Property. (c) Except as otherwise expressly provided in the Governing Documents, 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. 5 . " 3.02 Limited 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 the use and enjoyment thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units as follows: (a) Those items or areas designated as Limited Common Elements on the Plat or by the Act. (b) 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 the boundaries of a Unit, and serving only that Unit, are allocated to the Unit they serve. Any portion of such installations serving or affecting the function of more than one Uilit or any portion of the Common Elements is a part of the Common Elements, but is not a Limited Common Element. (c) Improvements, if any, such as decks, patios, porches, balconies, shutters, awnings, window boxes, doorsteps, stoops, perimeter doors and windows, sidewalks and driveways, constructed as part of the original construction to serve a single Unit, and replacements and modifications thereof authorized pursuant to Section 8, if located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. (d) Heating, ventilating or air conditioning equipment serving only a certain Unit or Units, and located wholly or partially outside the Unit's boundaries, are allocated to the Unit or Units served by such equipment. 3.03 Annexation of Other Property. In addition to the Additional Real Estate annexed by the Declarant, other real property may be annexed to the Community as Units or Common Elements, or any combination thereof, and subjected to this Declaration, with the approval of (a) Owners (other than the Declarant) ,of Units to which are allocated at least 67 percent of the votes in the Association; and (b) the Declarant so long as the Declarant owns any unsold Unit for sale. 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 the Common Expenses of the Association shall be governed by the following provisions: 4.01 Membership. Each Owner shall be a member of the Association by virtue of 6 , . 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 ofa Unit shall not increase the voting rights allocated to such Unit nor authorize the division of the voting rights. - 4.02 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units, including any Units created within the Additional Real Estate pursuant to Section 16, subject to Sections 6.04 and 6.07. 4.03 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.02. Such 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 4 may not be changed except in accordance with the Governing Documents and the Act. 4.04 Authority 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 Bylaws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws. 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: 5.01 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 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 stated to the contrary. 7 5.02 Operational Purposes. The Association shall operate and manage the Property for the purposes of (a) administering and enforcing the Governing Documents and the Rules, (b) maintaining, repairing and replacing those portions of the Property for which it is responsible, and (c) preserving the value, architectural uniformity and character of the Property. 5.03 Binding Effect of 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 tenants, guests, invitees, heirs, representatives, successors and assigns, and all secured parties as defined in the Act. . 5.04 Bylaws. The Association shall have Bylaws. The Bylaws shall govern the operation and administration of the Association, and shall be binding on all Owners and Occupants. 5.05 Management. 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. However, such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.06 Rules. The Board shall have exclusive authority to approve and implement such reasonable Rules 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 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 shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section 5.06. New or amended Rules shall be effective only after reasonable notice thereof has been given to the Owners. 5.07 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the common use, benefit and enjoyment of the Owners under 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, or any combination thereof, as determined by the Board. 8 -- . . . 6. ASSESSMENTS. 6.01 General. Assessments shall be determined and assessed against the Units by the Board, in its discretion; subject to the requirements and procedures set forth in Section 6, and the requirements of the Bylaws. Assessments shall include Annual Assessments under Section 6.02, and may include Special Assessments under Section 6.03 and Limited Allocation Assessments under Section 6.04. Annual and Special Assessments shall be ' allocated among the Units equally, in accordance with the allocation formula set forth in Section 4.02. Limited Allocation Assessments under Section 6.04 shall be allocated to Units as set forth in that Section. 6.02 Annual Assessments. Annual Assessments shall be established and levied by the Board, subject to the limitations set forth hereafter. Each Annual Assessment shall cover all of the anticipated Common Expenses of the Association for that year which are to be shared equally by all Units in accordance with the allocation set forth in Section 4.02. Annual Assessments shall be payable in equal monthly installments. Annual Assessments shall provide, among other things, for an adequate reserve fund for the maintenance, repair and replacement of the Common Elements and those parts of the Units for which the Association is responsible. Except for the variations authorized by Section 6.04, and except for premiums on insurance carried by the Association, the increase in the Annual Assessment for any fiscal year shall not exceed the greater of (a) 5 percent of the previous years Annual Assessment, or (b) the percentage increase in the National Bureau of Labor Statistics Consumer Price Index for the Minnesota Twin City Metropolitan Area (or comparable index if not available) for the most recent available year, multiplied times the total Annual Assessment for the Association's previous year; unless the increase is approved by the vote of 67 percent of those Owners (other than the Declarant) voting, in person or by proxy, at a meeting called for that purpose, or voting by mail. 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. The foregoing restriction shall apply only during the period of Declarant control of the Association, as described in Section 15. 6.03 Special 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 equally in accordance with the allocation formula set forth in Section 4.02 for the purpose of defraying in whole or in part (a) the cost of any unforeseen or unbudgeted Common Expense, (b) general or specific reserves for maintenance, repair or replacement, and (c) the construction, maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. So long as the total amount of any Special Assessment allocable to each Unit does not exceed $100.00 in anyone fiscal year, the Board may impose the Special Assessment. Any Special Assessment which would cause the amount of Special Assessments allocable 9 to any Unit to exceed this limitation 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. 6.04 Limited Allocation Assessments. In addition to Annual Assessments and Special Assessments, the Board may, at its discretion, levy and allocate Limited Allocation Assessments among only certain Units in accordance with the following requirements and procedures: (a) Any Assessment associated with the maintenance, repair, or replacement of a Limited Common Element may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned. (b) Any Assessment or portion thereof benefitting fewer than all of the Units may be assessed exclusively against the Unit or Units benefitted. (c) The costs of insurance may be assessed in proportion to the square footage or actual cost per Unit, and the costs of utilities may be assessed in proportion to usage. (d) 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, against an Owner or Occupant or their guests, may be assessed against the Owner's Unit. (e) Late charges, fines and interest may be assessed as provided in Section 14. (f) Assessments levied under Section 515B.3-116(a) 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. (g) 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 exclusively against the Owner's Unit to the extent not covered by insurance. (h) If any Assessment or installment of an Assessment becomes more than 30 days past due, then the Association may, upon 10 days written notice to the Owner, 10 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, Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. 6.05 Working Capital Fund. The Declarant shall establish a working capital fund to meet unforeseen expenditures or to purchase additional equipment or services during the Association's beginning years of operation. The Board shall include in each subsequent annual budget a reasonable amount of working capital, based upon the anticipated needs of the Association for the year in question. There shall be contributed on a one-time basis for each Unit sold by the Declarant an amount equal to 2 months installments of the estimated Annual Assessment for the Unit being conveyed. The contribution to the working capital fund may be paid at the earlier of the time of closing on sale of the Unit or when control of the Association is transferred to the Owners upon termination of the period of Declarant control under Section 15.07. The amounts paid into this fund are in addition to the regular monthly installments of assessments. The funds shall be deposited into a segregated Association account no later than the termination of the period of Declarant control. The 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 the Declarant is in control of the Association. However, upon closing of an unsold Unit, the 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. 6.06 Liability of Owners for Assessments. The obligation of an Owner to pay shall commence at the later of (a) the time at which the Owner acquires title to the Unit, or (b) the due date of the first AssessmentIevied by the Board, subject to the alternative Assessment program described in Section 6.07. 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 share of Common Expenses by right of off-set, 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 14, in addition to any remedies provided elsewhere in the Governing Documents, the Rules, or by law, for the purpose of enforcing its rights hereunder. 11 6.07 Declarant's Annual Assessment Program. The following alternative assessment program is established pursuant to Section 515B.3-115(b) of the Act. Notwithstanding anything to the contrary in this Section 6, if an Annual Assessment has been levied, any Unit owned by the Declarant. for initial sale shall be assessed at the rate of25 percent 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 the Declarant at the time that the Unit is created, and shall continue until the issuance of a certificate of occupancy, or comparable occupancy approval, for the Unit. Although this alternative assessment program will not affect the allocated share of replacement reserves attributable to Units owned by the Declarant, 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. 6.08 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 6.08. Recording of the Declaration constitutes record notice and perfection of any lien under this Section 6.08, and no further recordation of any notice of or claim for the lien is required. The release of the lien shall not release the Owner from personal liability unless agreed to in writing by the Association. 6.09 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed against a Unit under Minnesota law (a) by action, or (b) 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 an Owner who fails to pay any Assessment or charge against the Unit. 6.10 Lien Priority; Foreclosure. A lien for Assessments is prior to all other liens and encumbrances on a Unit except (a) liens and encumbrances recorded before the Declaration, (b) any first mortgage on the Unit, and (c) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on a Unit is foreclosed, (ii) the first mortgage was recorded on or after 12 the date of recording of this Declaration,and (iii) no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes, 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), (e)(1) to (5), (t), and (i) of the Act which became due, without acceleration, during the 6 months immediately preceding the first day following the end of the Owner's period of redemption. 6.1 I Voluntary Conveyances; 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'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 released. Any Owner 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 furnished within 10 days after receipt of the request and is binding on the Association and each Owner. 7. RESTRICTIONS ON USE OF PROPERTY. Subject to the special declarant rights reserved in Section 15, 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: 7.01 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 of 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. 7.02 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 holding first mortgages on the Units. 7.03 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 purposes, except as provided in 13 Section 7.04. The number of occupants per Dwelling shall be restricted in accordance with the Building Officials and Code Administration (BOCA) occupancy restrictions. 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. 7.04 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: (a) An Owner or Occupant residing in a Unit may maintain a home occupation in such Unit and handle matters relating to such home occupation by telecommunications or correspondence therefrom; provided, that such uses (i) incidental to the residential use, (ii) do not involve physical alteration of the Unit visible from the exterior, (iii) are in compliance with all governmental laws, ordinances and regulations, and (iv) do not involve any observable business activity such as signs, advertising displays, regular deliveries, or pedestrian or vehicular traffic to and from the Unit by customers or employees. (b) The Association may maintain offices on the Property for management and related purposes. (c) The Declarant may maintain offices, sales facilities and other business facilities on the Property in connection with the exercise of its special Declarant rights. 7.05 Leasing. Leasing of Units shall be allowed, subject to reasonable regulation by the Association, and subject to the conditions that (a) no Unit shall be leased for transient or hotel purposes, (b) no Unit may be subleased, (c) all leases shall be in writing, and (d) all leases shall provide that they are subordinate and subject to the provisions of the Governing Documents, the Rules 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 as may be necessary to implement procedures for the leasing of Units, consistent with this Section 7.05. 7.06 Delegation of Use. An Owner may delegate, in accordance with the Governing Documents, the Owner's right of use and enjoyment of the Unit to persons living in the Unit pursuant to a legal right of possession; provided, that such persons shall be subj ect to the Governing Documents and the Rules. If lessees, or other persons other than the Owner or the Owner's family, have been given the legal right to possess the Owner's Unit, then those persons shall have the right to use any common recreational 14 . , facilities, parking, storage and other amenities on the Property in lieu of the Owner and the Owner's family. 7.07 Parking. 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. Garages shall not be converted to other uses or used for storage or other purposes which would prevent the parking of automobiles in the garage. 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. 7.08 Animals. No animals may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However, subject to the previous restrictions, the Board shall have the exclusive authority to prohibit, or to allow and regulate, in the Rules, the keeping of animals on the Property. This authority may be exercised so as to permit or prohibit different types of animals, but those animals which are permitted (if any) shall be limited to common domestic house pets such as dogs, cats, fish, birds and the like. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. Each Owner shall indemnifY, defend and hold the Association hannless from any claim resulting from any action of his animal. 7.09 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units. The Property shall be occupied and used 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. 7.10 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. The violating Owner shall indemnifY, defend and hold the Association and other Owners hannless from all fines, penalties, costs and prosecutions for the violation thereof and noncompliance therewith. 7.11 Alterations. Except for those made by the Declarant in consideration of its initial sale of a Unit, no Alterations (as defined in Section 8) shall be made, or caused or 15 allowed to be made in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or another Unit, 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. 7.12 Ponds, Wetlands and Trees. Ponds, marshes, wetland areas, vegetation and trees, whether located on the Units or the Common Elements, and whether natural or otherwise, shall be maintained in substantially the same condition as originally established, subject only to (a) changes authorized by the Association consistent with all statutes, requirements, rules and regulations imposed on such areas and items by governmental authorities having jurisdiction, and (b) the prior approval of any such governmental authorities, if required. No cutting, mowing, trimming, draining, dredging or other alteration of such areas and items shall be permitted, except as authorized by this Section 7.12, it being the intention that such areas and items remain and be maintained in substantially their condition as of the date of recording of this Declaration, and subject to natural changes. 7.13 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. 7.14 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 Sections 9 and 13 and for enforcement purposes under Section 14. 7.15 Heating of Dwellings. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Dwelling which might result in damage to the adjoining Dwelling, all Owners shall maintain the temperature in their Dwellings, at all times, at least at 55 degrees Fahrenheit (or such other reasonable temperature or standard as the Board may from time to time specify in the Rules), 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 so to 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. However, 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. The Association may by the Rules require Dwellings which are unoccupied for substantial periods of time during winter to use alarms which 16 will detect abnormally low temperatures. 8. ARCHITECTURAL STANDARDS. 8.01 Restrictions on Alterations. One of the purposes of this Declaration is to ensure that those parts of the Units which are visible from the exterior be kept architecturally attractive and uniform in appearance. Therefore, the following restrictions and requirements shall apply to alterations on the Property: (a) Except as expressly provided in this Section 8, and except for alterations made by the Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antennae or other type of sending or receiving apparatus, sign, 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 affects the Common Elements or another Unit, or which is visible from the exterior of the Unit (collectively referred to as "Alterations"), shall be commenced, erected or maintained, 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 or a committee appointed by it. Notwithstanding the foregoing, the Declarant's written consent shall also be required for Alterations until the Declarant no longer owns a Unit for sale. (b) The Board may appoint, supervise and disestablish an architectural committee, and specifically delegate to it part or all of the functions which the Board exercises under this Section 8, in which case the references to the Board shall refer to the architectural committee where appropriate. The architectural committee shall be subject to the supervision of the Board. (c) The Board shall establish the criteria for approval of Alterations, which shall include and require, at a minimum: (i) Substantial uniformity of color, size, location, type and design in relation to existing Dwellings and topography; (ii) Comparable or better quality of materials as used in existing Dwellings; (iii) Ease of maintenance and repair; (iv) Adequate protection of the Property, the Association, Owners 17 and Occupants from liability and liens arising out of the proposed Alterations; (v) Substantial preservation of other Owners' sight lines, if material; and (vi) Compliance with governmental laws, codes and regulations. The Board, or the appointed committee if so authorized by the Board, shall be the sole judge of whether the criteria are satisfied. (d) Subject to the provisions of applicable law, an Owner may, at the Owner's expense, make improvements or alterations to his Unit or Dwelling as necessary for the full enjoyment of the Unit by any person residing in the Unit who has a handicap or disability, as provided in the Fair Housing Amendments Act, United States Code, title 42, section 3601, et seq., and the Minnesota Human Rights Act, Chapter 363, and any amendments to those acts; provided, however, that such improvements or alterations shall comply with the criteria for approval of Alterations in Section 8.01(c). (e) 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, notwithstanding any contrary requirement in the Governing Documents or the Act. A file of the resolutions approving all Alterations shall be maintained permanently as a part of the Association's records. (f) Alterations described in Section 16 shall be subject also to the requirements of that Section. (g) Notwithstanding the foregoing, the installation of (i) one antenna one meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video programming services, or (ii) any antenna for receiving television broadcast signals, may be installed on a Dwelling, as permitted by applicable federal law; provided, that the antenna shall be installed so as to minimize its visibility from the front of the Dwelling and otherwise camouflage its appearance, unless such requirements would (aa) unreasonably delay installation, (bb) unreasonably increase the cost of installation, maintenance or use of the antenna, or (cc) preclude reception of an acceptable quality signal. Such installation shall be subject to all governmental laws, codes and ordinances. The Board shall have authority to impose further, reasonable requirements consistent with law. The Owner is responsible for all maintenance and repair of any antenna installed on a Dwelling. 18 8.02 Review Procedures. The following procedures shall govern requests for Alterations under this Section 8: (a) Detailed plans, specifications and related information regarding any proposed Alteration, in form and content acceptable to the Board, shall be submitted to the Board at least 60 days prior to the projected commencement of construction. No Alterations shall be commenced prior to approval. (b) The Board shall give the Owner written notice of approval or disapproval. If the Board fails to approve or disapprove within 60 days after receipt of the plans and specifications and all other information requested by the Board, then approval will not be required, and this Section 8 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 shall be denied. 8.03 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section 8 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 personal obligation of the Owner and a lien against the Owner's Unit. 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 8, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. 8.04 Hold Harmless. The Owner who causes an Alteration to be made, regardless of whether the Alteration is approved by the Board, shall be solely responsible for the construction standards and specifications relating to the Alteration, and the construction work. The Owner, and not the Association, is responsible for determining whether any Alteration is in violation of any restrictions imposed by any governmental authority having jurisdiction over the Property. The Owner shall indemnify, defend and hold the Association, and its officers and directors, harmless from and against any expenses, claims, damages, losses or other liabilities, including without limitation attorneys' fees and costs of litigation, arising out of (a) any Alteration which violates any governmental laws, codes, ordinances or regulations, (b) the adequacy of the specifications for construction of the Alterations, and (c) the construction of the Alterations. 19 9. MAINTENANCE. 9.01 Maintenance by Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "Maintenance") of the Common Elements, including all improvements thereon. In addition, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Association shall provide for exterior Maintenance upon the Dwellings and/or Units as follows: (a) Paint, stain, repair, and replace roofs, gutters, downspouts, decks, garage doors and exterior entry doors (except hardware), exterior siding and other building surfaces, driveways; and (b) Provide for lawn, shrub and tree Maintenance on the yard areas of all Units, as originally installed, and watering of lawns. The Association's obligation to maintain exterior building surfaces shall exclude foundations and foundation walls, Dwelling walls, floors, ceilings, all interior parts of the Dwellings, door hardware, mechanical, electrical and plumbing systems, glass, and any other items not specifically required to be maintained by the Association, unless otherwise approved under Section 9.02. The Association shall have easements as described in Section 13 to perform its obligations under this Section 9. 9.02 Optional Maintenance by Association. In addition to the Maintenance described in Section 9.01, 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 to the water and sewer systems within the Units. 9.03 Maintenance by Owner. Except for the exterior Maintenance required to be provided by the Association under Section 9.01 or 9.02, all Maintenance of the Dwellings and Units shall be the sole responsibility and expense of the Owners thereof. The Limited Common Elements allocated to a Unit shall be maintained by the Owner of that Unit. 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 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 cost thereof. 20 9.04 Damage Caused by Owner. Notwithstanding any provision to the contrary in this Section 9, 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 charged and assessed against the Unit of the Owner responsible for the damage. Such cost shall be a personal obligation of the Owner and a lien against the Owner's Unit. In the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 10. 10. PARTY WALLS. 10.01 General Rules of Law to Apply. Each wall built as part of the original construction of the Dwellings and located on the boundary line between Units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section 10, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 10.02 Repair and Maintenance. The Owners of the Units which share the party wall shall be responsible for the Maintenance of the party wall in equal proportions; provided (a) that any Maintenance necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner, and (b) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners and their Units for their respective shares of the cost to the extent not covered by insurance. Such cost shall be a personal obligation of the Owner and a lien against the Owner's Unit. 10.03 Destruction by Fire or Other Casualty. Ifa party wall is destroyed or damaged by fIre or other casualty, any Owner who has use ofthe wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his share of the cost of restoration thereof; provided, however, that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of certain Owners shall be the fInancial responsibility of such Owners, and the Association may assess the responsible Owners for their share of the costs, without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 10.04 WeatherproofIng. Notwithstanding any other provision of this Section 10, any Owner who, by his negligent or willful act, causes a party wall to be exposed to the 21 elements shall bear the whole cost of the repairs necessary for protection against such elements. 10.05 Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Section 10 shall be appurtenant to the Unit and shall pass to such Owner's assigns and successors in title. 10.06 Arbitration. In the event of any dispute arising concerning a party wall, and if the same is not resolved within 30 days of the event causing the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration. Association, upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Each party agrees that the decision of the arbitrators shall be fInal and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties, but each party shall pay its own attorneys' fees or other costs incurred in the arbitration. 11. INSURANCE. 11.01 Required Coverage. The Association shall obtain and maintain, at a minimum, master policies of insurance in accordance with the insurance requirements 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 covering all risks of physical loss in an amount equal to 100 percent of the insurable "replacement cost" of the Property, including the improvements and betterments-referred to in Section 515B.3-113(b)(i) through (vii) of the Act, but excluding (i) deductibles, and (ii) land, footings, excavation and other items 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 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 Federal Housing Administration (the FHA), the United States Department of Veteran's Affairs (the V A), or the Federal National Mortgage Association (the FNMA) as a precondition to their insuring, purchasing or fInancing a mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a mortgagee or insurer, guarantor or servicer of a mortgage on a Unit, obligating the Association to keep certain specifIed coverages or endorsements in effect. 22 (b) 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 for 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 policies shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policies shall include such additional endorsements, coverages and limits necessary to comply with the regulations of the FHA, V A or FNMA as a precondition to the insuring, purchase, fInancing or guarantee of a mortgage on a Unit. (c) 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 and administered by the Association if deemed to be advisable by the Board or required by the regulations of the FHA, V A 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 comply with the regulations of the FHA, V A or FNMA, if required by one of such agencies as a precondition to the insuring, purchase, fmance or guarantee of a mortgage on a Unit. An appropriate endorsement to the policies to cover any persons who serve without compensation shall be added if the policies would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. (d) Workers' 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 from time to time to be in the best interests of the Association and other Owners. 11.02 Premiums; Improvements; Deductibles. Except as provided in Section 6.04, all insurance premiums shall be assessed and paid as Annual Assessments. Any increased cost as a result of providing coverage for improvements and betterments to the Units may be assessed against the Units affected. The Association may, in the case of a c1airn for damage to a Unit or Units, (a) pay the deductible amount as a Common Expense, (b) assess the deductible amount against the Units affected in any reasonable manner, or (c) require the Owners of the Units affected to pay the deductible amount directly. The Association's decision as to who shall be charged with paying the deductible amount may, but need not, be 'based on fault. 23 . 11.03 Loss Payee; Insurance Trustee. 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 negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 11.04 Required Policy Provisions. All policies of property insurance carried by the Association shall provide that: (a) Each Owner and secured party is an insured person under the policy with respect to liability arising out of the Owner's interest in the Common Elements or membership in the Association. (b) The insurer waives its right to subrogation under the policy against any Owner or member of the Owner's household and against the Association and members of the Board. (c) 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 behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. (d) If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Association's policy is primary insurance. 11.05 Cancellation; Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modifIed, for any reason, without at least 30 days prior written notice to the Association and to all secured parties holding fIrst mortgages on the Units. 11.06 Restoration in Lieu of Cash Settlement. Property insurance policies 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 (a) without the prior written approval of the Association (or any insurance trustee) or (b) when in conflict with provisions of any insurance trust agreement to which 24 the Association may be a party, or any requirement oflaw. 11.07 Owner's Personal Insurance. Each Owner shall obtain additional personal insurance coverage (commonly known as "gap coverage" or an "H06" policy) at his own expense covering fIre and other casualty to the interior of the Unit, personal property and the Owner's personal liability. Insurance policies maintained by Owners are without contribution as against the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association's policies. 12. RECONSTRUCTION; CONDEMNATION AND EMINENT DOMAIN. 12.01 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage 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. Notice of substantial damage or destruction shall be given pursuant to Section 18. 12.02 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, (a) that notice shall be given as provided in Section 18.11, (b) that the Association shall be the attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements or agreements, and (c) that any awards or proceeds shall be payable to the Association for the benefIt of the Owners and the mortgagees of their Units. 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. 12.03 Termination and Liquidation. The termination of the Community, and the distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds shall be based upon the value of the Units as determined by their relative value for property insurance purposes, and shall be made to Owners and their mortgage holders, as their interests may appear, as provided in the Act. 12.04 Notice. The Association shall give written notice of any condemnation proceedings or substantial destruction of the Property to the Eligible Mortgagees entitled to notice under Section 18.11. 12.05 Association's Authority. In all cases involving reconstruction, condemnation, eminent domain, termination or liquidation of the Community, the 25 . . Association shall have authority to act on behalf of the Owners in all proceedings, negotiations and settlement of claims. All proceeds shall be payable to the Association to hold and distribute for the benefIt of the Owners and their mortgage holders, as their interests may appear, in accordance with the Act. 13. EASEMENTS. 13.01 Recorded Easements. The Property shall be subject to all easements shown on the Plat and to any other easements of record on the date of this Declaration. 13.02 Easement for Encroachments. 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 any adjoining Unit for fIreplaces, walls, roof overhangs, air conditioning systems, decks, balconies, porches, patios, utility installations and other appurtenances (a) which are part of the original construction of the adjoining Unit or the Property or (b) which are added in compliance with Section 8. If there is an encroachment by a Dwelling, or other building or improvement 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, enjoymentand 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 the proposed improvements constructed, as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. 13.03 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, aild the rights of the Owners 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, and utilities serving the Units, to the extent necessary to fulfIll the- Association's obligation under the Governing Documents. 13.04 Utility Easements. The Property shall be subject to non-exclusive, appurtenant easements in favor of all public utility companies and other utility providers for the installation, use, maintenance, repair and replacement of all utilities, such as natural gas, electricity, cable TV and other electronic communications, water, sewer, septic systems, wells, and similar services, and metering and control devices, which exist or are constructed as part of the development of the Property or the Additional Real Estate, or which are referred to in the Plat or otherwise described in this Declaration or 26 any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall also be subject to a non-exclusive, appurtenant easement in favor of the other Units for all such utilities and services; provided, that the utilities and services shall be installed, used, maintained and repaired so as not to interfere with the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural or architectural integrity of the Units or Dwellings. 13.05 Emergency Access to Units. In case of emergency, all Units and Limited Common Elements are subject to an easement for access, without notice and at any time, by an offIcer or member of the Board, by the Association's management agents or by any public safety personnel. The Board may require that an Owner or Occupant leave keys to the Unit with another Owner of his or her choice and to advise the manager or Board of the locations of the keys, so as to allow access for emergencies when the Owner or Occupant is absent for extended periods. 13.06 Project Sign Easements. The Declarant shall have the right to erect and maintain monument signs identifying the Community and related decorative improvements on the Common Elements. Those parts of the Property on which monument signs or related decorative improvements are located shall be subject to appurtenant, exclusive easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs and improvements. In exercising its rights under such easements, the Association shall take reasonable care to avoid damaging any improvements to the Property. 13.07 Roadway Access Easements. The Common Elements shall be subject to an appurtenant easement for roadway access in favor of the owners and occupants of any part of the Additional Real Estate which is not added to the Property, and which the Declarant has no further right to add to the Property, over those parts of the Common Elements which are paved and dedicated to use as connecting streets. 13.08 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his Unit or the right to utility services thereto. The easements set forth in this Section 13 shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. All easement rights shall include a right of reasonable access to maintain, repair and replace the utility lines and related equipment. 14. COMPLIANCE AND REMEDIES. Each Owner and Occupant, and any other 27 . 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 such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section 14, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 14.01 Entitlement 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 to enforce compliance with the Governing Documents, the Rules, the Act or the decisions of the Association. Owners may also enforce compliance with the Governing Documents, the Rules, or the Act by a private legal action, independent of this Section 14. 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 or the Act, as a measure to enforce such Owner's position, or for any other reason. 14.02 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 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 the greater of $25.00 or 15 percent of the amount past due, for each past due Assessment or installment thereof, and impose interest at the highest rate permitted by law accruing beginning on the fIrst day of the month after the Assessment or installment was due. (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 or installments thereof, together with all attorneys' fees, costs of collection, late charges and interest, are not paid in full prior to the effective date of the acceleration. Not less than 10 days advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. 28 -- (d) Impose reasonable fInes, penalties or charges for each violation of the Act, the Governing Documents or the Rules of the Association. (e) Suspend the rights of any Owner to vote when the Assessments due with respect to the Owner's Unit are past due, and suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that the suspension of use rights shall not apply to Limited Common Elements, or deck, balcony, porch 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 Government Documents, and for up to 30 days thereafter, for each violation. (f) Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. (g) Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Government Documents exists which is likely to materially affect the health or safety of the other Owners or Occupants, or their guests, or the safety or soundness of any Dwelling or other part 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 Dwelling may be altered or demolished only pursuant to a court order or with the agreement of the Owner. (h) Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided by the Act. 14.03 Rights to Hearing. Before the imposition of any of the remedies authorized by Section 14.02(d), (e), (f) or (g), 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 30 days of receipt of the hearing request by the Board, and with at least 10 days prior written notice to the offender. If the offending Owner fails to timely request a hearing or 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 29 . binding on all parties. The Board's decision shall be delivered in writing to the offender within 10 days following the hearing, if not delivered to the offender at the hearing. The Board may delegate the foregoing hearing authority to a committee of three or more disinterested Owners, who shall conduct the hearing and make a recommendation to the Board regarding the disposition ofthe matter. 14.04 Lien for Charges, Penalties, Etc. Any Assessments, charges, fInes, penalties or interest imposed under this Section 14 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. 14.05 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Government Documents or Rules whether or not fInally determined by a court or arbitrator, the Association may assess the violator and his 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. Such expenses shall also include any collection or contingency fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association by an Owner or Occupant. Such collection or contingency fees or costs shall be the personal obligation of such Owner and shall be a lien against such Owner's Unit. 14.06 Liability for Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary 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 Unit. 14.07 Enforcement by Owners. The provisions of this Section 14 shall not limit or impair the independent rights of other Owners to enforce the provisions of the 30 . . Governing Documents, the Rules, and the Act as provided therein. 15. SPECIAL DECLARANT RIGHTS. The Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant rights within the meaning of Section 515B.1-103(31) of the Act for as long as the Declarant is obligated under any warranty or obligation, owns any Unit, or for such shorter period as may be specifIcally indicated, which may be exercised, where applicable, anywhere within the Property: 15.01 Complete Improvements. To complete all the Units and improvements indicated on the Plat, or otherwise included in the Declarant's development plans or allowed by the Declaration, and to make Alterations in the Units and Common Elements to accommodate the exercise of any special declarant rights. 15.02 Add Additional Real Estate. To add the Additional Real Estate to the Property as described in Section 16. 15.03 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 within any Units owned by Declarant from time to time, located anywhere on the Property. 15.04 Signs and Marketing. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by the Declarant and on the Common Elements, and to conduct general sales activities. 15.05 Construction; Easements. To perform warranty work, and repairs and construction work, and to store materials in secure areas, in the Units and Common Elements, and to control all such work and repairs, and the right of access thereto, until its completion, which work may be performed without the consent or approval of the Board; and to an easement through the Common Elements arid yard areas of the Units as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising special declarant rights, including the right to convey utility and drainage easements to public utilities and governmental subdivisions or agencies. 15.06 Utility Services. To construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the Common Elements and the Additional Real Estate for the purpose of furnishing utility and other services to the Community, including the right to grant easements to municipalities or utility companies and to construct improvements within those easements for such purposes. 31 . 15.07 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the offIcers and members of the Board pursuant to Section 515B.3-103 of the Act, until the earliest of (a) voluntary surrender of control by the Declarant, (b) an Association meeting which shall be held within 60 days after conveyance to Owners other than the Declarant of 75 percent of the total number of Units authorized to be included in the Property, or (c) 5 years after the date of the fIrst conveyance of a Unit to an Owner other than the Declarant. Notwithstanding the foregoing, the Owners other than the Declarant shall have the right to nominate and elect not less than 33 1/3 percent of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by the Declarant of 50 percent of the total number of Units authorized to be included in the Property. 15.08 Limitation on Association Action. The Association may not take any action that would interfere with the special declarant rights reserved in this Section 15. 15.09 Consent to Certain Amendments. Until such time as the Declarant no longer owns a Unit for initial sale, the Declarant's written consent shall be required for any amendment to the Governing Documents or the Rules which directly or indirectly affects or may affect the Declarant's rights under the Governing Documents or the Act. 15.10 Declarant's Personal Property. The Declarant reserves the right to retain all personal property and equipment used in the sale, management, construction and maintenance of the Community that has not been represented as property of the Association. The Declarant reserves the right to remove, within one year after the sale of the last Unit from the Property any and all goods and improvements used in the development, marketing and construction, whether or not they have become fIxtures. 16. RIGHTS TO ADD ADDITIONAL REAL ESTATE. The Declarant hereby expressly reserves the right to add the Additional Real Estate to the Property, by unilateral action under Section 515B.2-111 of the Act, subject to the following conditions: 16.01 Time Limit. The right of the Declarant to add the Additional Real Estate to the Community shall terminate 10 years after the date of recording of this Declaration or upon earlier express written withdrawal of such right by the Declarant or a successor Declarant, unless extended by a vote of the Owners pursuant to Section 515B.2-106(2) of the Act. There are no other limitations on the Declarant's rights hereunder, except as may be imposed by law. 16.02 Description. The Additional Real Estate is described on the attached 32 . . Schedule C. The Additional Real Estate may be added to the Property in parcels consisting of one or more platted lots, or portions thereof. 16.03 Limits on Obligation to Add. There are no assurances as to the times at which all or any part of the Additional Real Estate will be added to the Property, the order in which it will be added, the number of parcels per phase nor the size of the parcels. The Declarant has no obligation to add the Additional Real Estate to the Property. The Additional Real Estate may be developed by the Declarant or its successors in interest for other purposes, subject only to approval by the appropriate governmental authorities. 16.04 Maximum Units. The maximum number of Units that may be created within the Additional Real Estate described as such on the date of this Declaration is 22. All Units created on the Additional Real Estate shall be restricted exclusively to residential use. 16.05 Architectural Capabilities. Any Units, Dwellings and other structures, upon the Additional Real Estate shall be compatible with the other Units, Dwellings and other structures which are part of the Property in terms of architectural style, quality of construction, principal materials employed in construction and size; subject (a) to any changes required by governmental authorities or lenders, and (b) to any interior and exterior changes made by the Declarant to meet changes in the market or to replace materials that have become outmoded or not readily available. 16.06 Application of Covenants. All covenants and restrictions contained in this Declaration affecting the use, occupancy and alienation of Units shall apply to all Units created on the Additional Real Estate. 16.07 Effect on Excluded Property. The statements made in Sections 16.01 . . through 16.06 above shall not apply to any Additional Real Estate which is not added to the Property. 17. AMENDMENTS. 17.01 Approval Requirements. Except for amendments by Declarant pursuant to Sections 515B.2-111 and 515B.2-112(c) of the Act, this Declaration may be amended only by the approval of: (a) Owners of Units to which are allocated at least 67 percent of the total votes in the Association. 33 . . (b) The percentage of Eligible Mortgagees (based upon one vote per Unit fmanced) required by Section 18.01 as to niatters prescribed by said Section. (c) The FHA or V A, as applicable, during the period of Declarant control under Section 15.07, as to the following matters: (i) The annexation of Additional Real Estate; (ii) The merger or consolidation of the Association with another Association or other legal entity; (iii) The acquisition, dedication or mortgaging of Common Elements; (iv) The dissolution of the Association; and (v) The amendment of this Declaration, or the Articles of Incorporation or Bylaws of the Association. (d) The Declarant as to certain amendments as provided in Section 15.09. 17.02 Procedures. Approval of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees, the FHA, the V A 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. 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 protections: 18.01 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least 51 percent 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 (other than an amendment made pursuant to special declarant rights reserved to the Declarant in Section 15) which causes any change in the (a) voting rights; (b) increases in assessments that raise the 34 . previously assessed amount by more than 25 percent, assessment liens, or priority of assessment liens; (c) reduction in reserves for maintenance, repair and replacement of the Common Elements; (d) responsibility for maintenance and repairs; (e) reallocation of interests in the Common Elements or Limited Common Elements, or rights to their use; (f) redefInition of any Unit boundaries; (g) convertibility of Units into Common Elements or vice versa; (h) expansion or contraction of the Property or the addition, annexation or withdrawal of real estate to or from the Property other than the addition of real estate pursuant to Section 16 which shall not require the consent of Eligible Mortgagees; (i) insurance or fIdelity bonds; G) imposition of any restrictions on the leasing of Units; (k) imposition of any restrictions of an Owner's right to sell or transfer his Unit; (l)a decision by the Association to establish self management if professional management had been required previously by the Governing Documents or an Eligible Mortgagee; (m) restoration or repair of the Property (after damage or partial condemnation) in a manner other than that specifIed in the Governing Documents; (n) any action to terminate the legal status of the planned community after substantial destruction or condemnation occurs; or (0) any provisions that expressly benefIt Eligible Mortgagees, or insurers or guarantors of mortgages. 18.02 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least 67 percent 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 (a) abandon or terminate the Community; (b) change the allocations of voting rights, Common Expense obligations or interest in the Common Elements; (c) partition or subdivide a Unit except as permitted by statute; (d) abandon, partition, subdivide, encumber or sell the Common Elements; or (e) use hazard insurance proceeds for other than the repair, replacement or reconstruction of the Property, except as otherwise provided by law. 18.03 Failure to Respond. The failure of an Eligible Mortgagee to respond within 30 days to any written request of the Association for approval of an addition or amendment to the Governing Documents shall constitute an implied approval of the addition or amendment. 18.04 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of the Owner and Eligible Mortgagee thereof, and the Association. 18.05 No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his Unit shall not be subject to any right of ftrst refusal or similar restrictions. 35 . 18.06 Priority 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; (a) except as provided in Section 6.10 and the Act and (b) except that any unreimbursed Assessments or charges may be reallocated among all Units in accordance with their interests in the Common Elements. 18.07 Priority of Taxes and Other Charges. 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. 18.08 Priority for Condemnation Awards. No provision of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the 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. 18.09 Requirements for Management Agreements. The term of any agreement for professional management of the Property may not exceed 2 years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party, (a) with cause upon 30 days prior written notice, and (b) without cause upon 90 days prior written notice. 18.10 Access to Books and Records; Audit. Eligible Mortgagees shall have the right to examine the books and records 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 120 days of the end of the Association's fIscal year. If the Community consists offewer than 50 Units, FNMA, or any institutional guarantor or insurer of a mortgage loan against a Unit, may require that, at its own expense, an audit of the Association's fmancial statements be made for the preceding year, in which case the Association shall cooperate in having an audit made and a copy given to the requesting party. If the Community consists of 50 or more Units, the Association shall provide the requested audit at its expense. 18.11 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a fIrst mortgage on a Unit, and 36 . the Unit 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 of the Property or the Unit securing the mortgage; (b) A 60 day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; (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 specifIed percentage of Eligible Mortgagees. 19. MISCELLANEOUS. 19.01 Conversion Ordinance. The Property is not subject to an ordinance referred to in Section 515B.1-106 of the Act governing conversions to common interest ownership. 19.02 Severability. 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. 19.03 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. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 19.04 Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against the Declarant for indemnifIcation pursuant to the Act, the Association shall promptly tender the defense of the action to its insurance carrier, and give the Declarant written notice of such tender, the . specifIc nature of the action and an opportunity to defend against the action. 19.05 Notices. Unless specifIcally provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board, 37 . 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 2.02 of the Bylaws shall be effective upon receipt by the Association. 19.06 Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or any Rules approved by the Association, the Act shall control. As among the Declaration, the Bylaws and the Rules, the Declaration shall control; and as between the Bylaws and the Rules, the Bylaws shall control. . 19.07 Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and the Act. GOLD NUGGET DEVELOPMENT, INC. BY ITS PRESIDENT STATE OF MINNESOTA) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of ,2001, by , the President of GOLD NUGGET DEVELOPMENT, INC., a Minnesota corporation, on its behalf. Notary Public This instrument was drafted by: HUEMOELLER & BATES 16670 Franklin Trail Prior Lake, MN 55372 38 . ' . . Common Interest Community No. 89 (Planned Community) RED PINE ESTATES TWINHOMES EXHIBIT A TO DECLARATION PROPERTY Lots 39 to 50, Block _, RED PINE ESTATES, Anoka County, Minnesota. NOTE: The unit identifIer of each unit is its lot and block numbers and the subdivision name. 1I .. .... Common Interest Community No. 89 (planned Community) RED PINE ESTATES TWINHOMES EXHffiIT B TO DECLARATION COMMON ELEMENTS Lot , Block , RED PINE ESTATES, Anoka County, Minnesota. . -- .. .' ~ Common Interest Community No. 89 (Planned Community) RED PINE ESTATES TWINHOMES EXHIBIT C TO DECLARATION ADDITIONAL REAL ESTATE Lots 17 to 38, Block , RED PINE ESTATES, Anoka County, Minnesota. '" ~ . w _, w v wI:> -00 ~.... ~ '" cl/) I C aJ t:S ~ <( . E:R I- ~ 0 >. ~ _ 8 ~ _ ,,8 r<1 o:::~ 50::: en E ~ ~ ~ 2' ~ ~ ~ ~ a~ g. ~]~ ~ .. 0 <( ~OO'- 0>' ~ "Of) ZN E'- ww ......co. ;5:;;;g.... 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