HomeMy WebLinkAboutCC September 4, 2001
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
Regular City Council Meeting - Tuesday, September 4, 2001
Call to Order-7:00 PM
Resident Forum
Agenda Approval
Approval of Minutes (8/14/01) (8/21/01)
Consent Items
1. Approve Variance (01-03)/Sirnilar Design Materials/16682 Hanson Blvd. NW/Mark
Oberhamer - Planning
2. Approve Special Use Permit (0 1-02)IFuel Tank! Andover High School/ Minnesota Petroleum
Service, Inc. - Planning
3. Approve Plan to Install Cameras at Sunshine Park - Engineering
4. Accept Petition/01-23/3408 - 1420d Avenue NW/WM - Engineering
5. Approve Change in Signage/O 1-5/City Hall Skateboard Facility - Engineering
6. Reduce Letter of CrediUDeveloper' s Improvements/Sunridge - Engineering
7. Approve Change Order #2/01-12 to 00-18/New Elementary School Verdin Street Entrance
Improvements - Engineering
8. Approve Specifications & Authorize BidsIFire Department Tanker Truck - Fire Department
, 9. Approve Summary/ Transient Merchant Ordinance/No. 250A - Clerk
\. ) 10. Approve Summary/Lawful Gambling Ordinance/No. 258A - Clerk
Discussion Items
11. Approve Amended SUP/PUD/Alternate Townhome DesignlNature's Run Cont. - Planning
12. Approve Comprehensive Plan Amendment (01-01)/URL to URM/Devonshire Estates - Planning
13. Approve Rezoning (01-02)/R-4 to M~2//Devonshire Estates - Planning
14. Approve Special Use Permit (01-03)/Planned Unit DevelopmentJDevonshire Estates - Planning
15. Approve Preliminary PlaUDevonshire Estates - Planning.
16. Approve Association Documents/Devonshire Estates - Planning
17. Approve Final Landscape Plan/Devonshire Estates - Planning
18. Approve Final PlaUDevonshire Estates - Planning
19. Approve Preliminary Plat/Creekside Estates Second Addition - Planning
20. Approve Final Plat/Creekside Estates Second Addition - Planning
21. Approve Preliminary 2002 Budget/Certification to State and County - Finance
22. Approve Letter of Credit ReductionlDevelopment Improvements/Project #97-26/Hamilton
Square - Finance
23. Strategic Planning - Council Workshop Outcomes - Administration
Staff Items
24. Schedule Joint City Meeting with Coon Rapids - Administration
Mayor/Council
Payment of Claims
, Adjournment
,
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. www.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratorf'
FROM: Vicki Volk, City Clerk
SUBJECT: Approval of Minutes
DATE: September 4,2001
INTRODUCTION
The following minutes have been provided by Peach Associates for approval by the City
Council:
\
I
August 14, 2001 Special Council Meeting
August 21, 2001 Regular Meeting
E-mailed copies of these minutes have been transmitted to Mayor Gamache, Councilmembers
Jacobson and Orttel, with hard copies provided to Councilmembers Trude and Knight. Iffor any
reason you did not receive the e-mail version, please contact me.
ACTION REOUESTED
Council is requested to approve the minutes listed above.
Respectfully submitted,
LL- ()ffi
Vicki V olk
City Clerk
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CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~;:G..
David Carlberg, Community evelopment Director ~
FROM: Jason M. Angell, Planning Intern .
SUBJECT: Approve Variance (01-03)/Similar Design Materials/16682 Hanson Blvd.
NW /Mark Oberhamer
DATE: September 4,2001
INTRODUCTION
\ The City Council is requested to consider a variance to construct an accessory building (pole
) building) on the property located at 16682 Hanson Blvd. NW, which does not meet the standards
set forth in Ordinance No.8, Section 4.05(G)(2), Accessory Buildings.
DISCUSSION
The subject property is 9+ acres and the house is placed 700+/- feet from the front lot line. The
pole building would be constructed approximately 520+/- from the front lot line. The
approximate size of the building is 30' x 60'.
The council should be aware that 167th Ave. NW which currently cul-de-sacs on the Northwest
corner of subject property is a designated Municipal State Aid route. Therefore, l67th Ave. may
be extended to Hanson Blvd. in the future. This may have an impact on where the structure may
be located.
Applicable Ordinances
Ordinance No.8, Sec. 4.05(G)(2) States: No detached garages or other accessory buildings shall
be located nearer the front lot line than the principal structure except as herein provided:
1. All detached garages or accessory buildings constructed nearer the front lot line than the
'\ principal structure shall be similar in design and exterior finish material so as to be
I
compatible to the principal structures.
State Statute provides review criteria that are used to determine the merit of variance cases. In
all cases the applicant must demonstrate undue hardship. The considerations for undue hardship
include:
1. There are circumstances unique to the property that were not created by the landowner.
Unique conditions may include the physical characteristics, including topography or
water conditions that may exist on the property.
2. The property, if the variance is granted, will not be out of character with other properties
in the same neighborhood.
3. The applicant has exhausted all reasonable possibilities for using his/her property or
combining a substandard lot due to size, shape or lot line dimensions, with an adjacent
vacant lot.
4. Economic considerations may not constitute an undue hardship if reasonable use of the
property exists with application ofthe minimum standards of this chapter.
J
Findings Provided by Applicant
The applicant has indicated that the location of the house on the property restricts his ability to
construct a pole barn on the North side of the property, because that portion of the property is
mainly wetland. The applicant states that the proposed location would be hard to see from the
public right of way due to the amount of forested area. The resident to the South has a pole
building on the North side of his/her property that is located 300 to 400 feet from their property
line. The resident to the East, of the applicant, also constructed a pole building that is located
100 to 200 feet from their property line. The applicant and his neighbor have spent a great deal
of time and money on "Oak Wilt" control and feels that his site choice would minimize tree
removal. Finally, approval of the variance will allow the property owner the same opportunity
other property owners in the neighborhood have had.
Please see attached letter prepared for your review by the applicant.
Attachments
. Location Map
. Property Survey
>- . Letter from Applicant
J
RECOMMENDATION
The Planning and Zoning Commission suggest approval of the variance with one condition:
. The siding is to be constructed of similar material as the principal structure and
the roof may be constructed of metal.
R''Poctfully,"bmitt't
d:!ir
Cc: Mark Oberhamer
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Mark Oberhamer
16682 Hanson Blvd. NW
Andover, MN 55304
To: Phmning and Zoning 7/30/01
Andover
I am requesting a variance from the building code to locate a
"pole building" closer to the street then my house.
The main reasons to grant this request are as follows:
(see site plan forreference points)
-
1. My property consists of 9+ acres and my house is located
a little over 700 ft. off of the street. The building would be
approx. 500 to 600 ft. off of the street (a location that is difficult
to see from the road).
2. This location would not encroach on my septic area, wetland issues,
the pipeline on my property, or any setback requirements.
3. My neighbor to the South has a pole building on the North
side of his property located approx. 300 to 400 ft. off of the street.
He has indicated to me that my site choice would be a satisfactory
location from their view.
4. My neighbor and I have spent (along with Andover & Anoka County.)
a great deal of time and money on a "Oak Wilt" control, and I
feel that my site choice would minimize tree removal.
5. My neighbor to the East (across Hanson) has a pole building
located approx. 100 to 200 ft. off of the street.
6. The land to tlle North is mostly wetland and is not likely to
be developed.
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Mark Oberhamer
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CITY OF ANDOVER
t685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5toO
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator.:.it'L/
FROM: David Carlberg, Community development Directo~
David Tyler McKay, Associate Planner
SUBJECT: Approve Special Use Permit (OI-02)/Fuel Tank/Andover High School/Minnesota
Petroleum Service, Inc.
DATE: September 4,2001
INTRODUCTION
The City Council is requested to consider a special use permit request for a 10,000 gallon below
ground number two heating oil storage tank to be located at the Andover High School site
J located at 14800 Crosstown Blvd NW.
DISCUSSION
The tank is an eight by thirty one and a half foot cylinder which would rest three feet below
ground level. The tank will be used for stand by heating of the high school if an emergency
situation arose and NSP asked the school to go off of the natural gas fuel line. The nearest house
is at least Y. of a mile away and that there is no noise or smell generated from this heating oil
storage tank. At the most, it may be used a couple of times a year in emergencies, or possibly
never.
It is noted that these are double walled fiberglass underground storage tanks with a 25 gallon flex
catch below grade spill containment. This tank has a thirty (30) year warranty, which includes up
to $2,000,000 for environmental damage caused by system failure. The State Fire Marshal,
Andover Fire Department and Building Department will also review this request.
Applicable Ordinances
Ordinance No.8, Section 4.26 (Bulk Storage Fuels) regulates the storage of fuels and requires the
\ applicant to secure a special use permit in order to assure that fire, explosion or water/soil
) contamination hazards are not present.
Ordinance No.8, Section 5.03 (Special Uses) regulates the special use permit process. In
reviewing this special use permit request, the following criteria shall be reviewed:
1. The effect of the proposed use upon the health, safety, morals and general welfare ofthe
occupants of the surrounding land;
2. The effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land;
3. The effect on the values of property and scenic views in the surrounding area; and
4. The effect on the proposed use on the Comprehensive Plan
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the special use permit (01-02).
ATTACHMENTS
Resolution
Notice of Public Hearing
Site/Location Map
J Tank Location Map
Close-up of Tank Location
Respectfully submitted,
David Tyler McKay
)
/ CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MINNESOTA
PETROLEUM SEVICE. INC. TO INSTALL A 10,000 GALLON BELOW GROUND
NUMBER TWO HEATING OIL STORAGE TANK IN ACCORDANCE WITH ORDINANCE
NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 14800 CROSSTOWN BOULEVARD
NW/ANDOVER HIGH SCHOOL
(PIN 27-32-24-21-0001).
WHEREAS, Minnesota Petroleum Service. Inc. has requested a Special Use Permit to install a
10,000 gallon below ground number two heating oil storage tank in accordance with Ordinance
No.8, Section 4.26 on property located at 14800 Crosstown Blvd NW; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No.8, Section 4.26;.and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
/ detrimental effect upon the health, safety, morals, and general welfare of the City of Andover;
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit on said property with the following conditions:
1. The applicant obtain all required permits necessary for the installation of the fuel oil tank
and piping connections to boilers and other fuel burning apparatus, including Building
and Fire Department review and issuance of a building permit.
2. The proposed installation work shall comply with all applicable Federal, State and local
fire and building codes regulating the storage of fuel.
3. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8,
Section 5.03(0).
Adopted by the City Council of the City of Andover on this 4th day of September, 2001.
\ CITY OF ANDOVER
, ) ATTEST: Michael R. Gamache, Mayor
Victoria Volk, City Clerk
Andover High School
Special Use Permit
Below Ground Petroleum Tank
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/ CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.Cl.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
Scott Erickson, City Enginee
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Approve Plan to Install Cameras at Sunshine Park - Engineering
DATE: September 4,2001
INTRODUCTION
This item is in regards to installing a security camera at the Sunshine Park building and the new
picnic shelter at Sunshine Park.
DISCUSSION
The Park & Recreation Commission has discussed this issue over the past couple months as to
various options for reducing vandalism of park facilities at Sunshine Park which has occurred
over the past couple years. The option the Commission is recommending is the installation of a
mobile camera that would be concealed within one of 3 or 4 boxes and rotated on a periodic basis
amongst the various locations. Signs would be placed at each box location indicating the
premises are being video taped for security purposes.
BUDGET IMP ACT
The funding for the purchase of the camera and the additional boxes would come from park
dedication funds. The Commission is requesting authorization to spend up to $3,000 for this
improvement.
ACTION REQUIRED
The City Council is requested to authorize the City Parks Coordinator to spend up to $3,000 for
the purchase of a camera as recommended by the Park & Recreation Commission.
Note: If approved by the City Council, City staff will obtain the quotes and move forward with
this improvement.
Respectfully submitted,
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cc: Valerie Holthus, Park Commission Chair
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r Regular Andover Park and Recreation Commission Meeting
r Minute' -Augu" 2,2001
Page 3
The skateboarder questioned if it would be possible to have a drinking fountain installed for park
users.
Commissioner English mentioned that the Commission by no way has any animosity
kids that are abiding by the rules. He stated that the Commission will do everythi
iron out the problems.
REVIEW DRAFT OF r;OMPREHENSIVE PARK PLAN STUDY JI:;;
ASSOCIATED CONSULTANTS, INC.
Mr. Haas explained that staff is expecting to receive the dra m NAC later this week. He
stated that it's anticipated that the draft will be presented e Commission at the next meeting
on August 16th.
UPDATE OF TULIP STREET PARK
, Mr. Haas explained that Frank Stone and in Starr will be meeting with Mr. Bennett to discuss
1 maintenance of the park. He stated th e City Attorney has advised staff that Mr. Bennett may
., adopt the park but would not be all d to use power tools on the property.
j
J Commissioner Grabowski s sted the City hire Mr. Bennett for $1.00 per year so he would be
j
1 able to use power tools. aas stated that he did discuss this with the City Attorney and it
-{
, was determined that ennett would need insurance in order to do so.
n
toi
t,
'j Commissioner L' hi stated that if the park is going to be a nature park then the City's
,
responsible. ggested putting in a cover of natural grasses so the area would take care of
itself.
oner English agreed with Commissioner Grabowski that the City pay Mr. Bennett a
year to care for the park.
UPDATE OF CAMERAS/OFFERING OF REWARDS AT SUNSHINE PARK
Mr. Haas explained that staff has met with Gene Case of Case and Associates which specializes
in security of these types of facilities. He stated that Mr. Case indicated that placing a camera in
the gazebo would cost approximately $1,500 and about $5,000 for 4 cameras at the Sunshine
Park building.
Commissioner Grabowski questioned how the cameras would run. Mr. Haas stated that they
/ could be programmed however desired.
Regular Andover Park and Recreation Commission Meeting
Minutes-August 2,2001
Page 4
Commissioner English questioned if the objective is to prevent them from breaking into the
concession stand or is the goal to protect the entire park. Commissioner Grabowski stated that
the objective is to protect the entire park.
Commissioner English suggested a system be hooked up with the sheriff s department if the
main concem is the concession building. He mentioned that the City would probably save
money if the public were just informed that they could be on camera.
Commissioner Grabowski stated that he isn't in favor of spending $5,000.
Commissioner English explained that if vandalism does occur the only way to tal(e advantage of
having the video is to pursue a criminal investigation.
Commissioner Grabowski mentioned that if the City purchased 1 camera and had 3 or 4 fake
cameras it might help to reduce the vandalism and they wouldn't know which one was real.
Chairperson Holthus suggested the Commission approach it as a preventative measure so it
doesn't ever happen again~
Commissioner English mentioned that he supports the idea in hopes that it will reduce the
amount of vandalism.
~fotion by English, seconded by Blackstad, to approve the purchase of one mobile camera that
will be concealed along with 3 or 4 additional boxes and signs, with the funds to come from the
Park Dedication Fund.
Further Discussion
Chairperson Holthus suggested the motion include that the costs not exceed $3,000.
Motion carried on a 6-ayes, O-nays, I-absent (Anderson) vote.
Chairperson Holthus mentioned that in regards to the reward topic she would prefer not to do
anything at this time. .
Commissioner Lindahl stated that he isn't sure a reward would even pe valid since the vandalism
wouldn't be considered a felony.
Chairperson Holthus suggested tabling the discussion on a reward indefinitely.
F DRINKING FOUNTAIN AT CITY HALL PARK COMPLEX #1
) Commissioner Grabowski mentione holding up
@
/ CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administratof
Scott Erickson, City Engineer
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Accept Petition/Ol-23/3408 _142od Avenue NW/WM - Engineering
DATE: September 4,2001
INTRODUCTION
The City has received a petition from the property owner of3408 _142od Avenue NW requesting
the improvement ofwatermain (see attached petition), Project 01-23.
DISCUSSION
The watermain service was reconstructed under Project 94-17, Quickstroms Addition but was not
assessed. City staff will prepare the feasibility report identifying the amount of the assessment
for the September 18, 2001, City Council meeting.
BUDGET IMP ACT
The cost of the improvement would be assessed to the property owner over a 5 year period.
ACTION REQUIRED
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 01-23,
in the area of 3408 _142od Avenue NW.
.
.
Respectfully submitted,
~L--
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
WATERMAIN , PROJECT NO. 01-23, IN THE AREA OF 3408 - 142ND
AVENUE NW.
WHEREAS, the City Council has received a petition, dated Julv 18. 2001
requesting the construction of improvements; and
WHEREAS, such petition has been validated to represent the signatures of
100% of the affected property owners requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
/ 3. The proposed improvement is hereby referred to the City Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this ~ day of September , 2001, with
Council members 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
\
/
JUL 18 2001 12:34 FR CITY OF H~,mQl)ER 763 755 8923 TO 5727399 P.01/01
, ~
:- ~":.~':<
.:;",,;:~:;'t':\
/
Date
Andover City Engineer
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby petition for improvements of@BtermairYsanitary sewer, storm
sewer and streets (circle one or more) with the costs of the improvement to be
assessed against my benefitting property.
/ Said petition is unanimous and the public hearing my be waived. We would like to
be assessed over a 5 year period.
Sincerely,
G c.. 1\...., &< r;SG';....J
Property Ownerr~~""''6-
Address ;:, 40 g l i:{ d-I-J & Aue.. ~,w.
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N: 29 LEGEND Map andDa/a Sources:
City of Andover Departments:
D Half Section Boundary Engineering;
NGE: 24 Planning;
D Lots I Parcels Public Works;
GIS
/ t-J'Ji Parks &oA
~----- Water Features -,
c" of .AMOTft' Addrt!D Book. Addreu Na.ben were CCIIIect.ed fro. tile
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@)
CITY OF ANDOVER
t685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrat*
Scott Erickson, City Engine
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Approve Change in Signage/Ol-S/City Hall Skateboard Facility - Engineering
DATE: September 4,2001
INTRODUCTION
This item is in regards to a change in rules for the City Skateboard Facility. The Skateboard Park
is located within the hockey rink located just north of City Hall.
DISCUSSION
The Skateboard Task Force met on August 16, 2001 to discuss various issues that have been
raised by the youth/parents and by City staff/Park & Recreation Commission representatives.
One of the issues that was discussed was in regards to the required protective skateboard
equipment. The task force did recommend to the Park & Recreation Commission to loosen the
requirements a little which resulted in helmets still being required while the other protective
equipment (elbow pads, knee pads, wrist guards and appropriate footwear) would only be
recommended. The Commission has also agreed with the change in requirements.
Note: The League of Minnesota Cities Insurance Trust Guidelines on Tier I equipment only
recommends the use of personal protective equipment but does not require them.
(Attached are guidelines from the League of MN Cities for your review regarding the use
of personal protective equipment.)
Other items that were discussed by the Task Force and the Commission were as follows:
- Vending machines - Not recommended at this time as the users have not been responsible
in keeping the site litter free both inside and outside the rink. If the users become
proactive in cleaning up the rink and keeping the are clean at all times the task force and
the Commission would reconsider. Note: A new outside drinking fountain was recently
installed by Public Works near the entrance of the Senior Center.
/
Mayor and Council Members
September 4,2001
Page 2 of2
- Tier II - There has been interest by the youth in having Tier II equipment purchased. If
this were to be considered, supervision would be required and the site would need to be
secured and would need to be fully enclosed by fencing around the perimeter of the
hockey rink.
- Bikes - There was interest by some youth to allow scooterslbikes. The equipment that
was purchased is not designed for scooterslbikes . So, therefore the Task Force and
Commission are not recommending changing the use ofthe equipment.
Note: Due to lack of cooperation in using required helmets and other issues that have
taken place since the park was opened, the task force and the Commission would
like to explore supervision of the park. This supervisor of the park could be
funded by user fees (daily or annual charge). This will be discussed later this fall
by the Task Force and the Commission.
BUDGET IMP ACT
None.
,
ACTION REQUIRED
The City Council is requested to approve the change in signage for the Skate Park as
recommended by the Park & Recreation Commission.
Respectfully submitted,
~~
I cc: Valerie Holthus, Park Commission Chair
1. Skating Is restricted to Inside the hockey rink area only.
2. All skaters must wear a helmet. The following personal protective equipment
are recommended to be worn: the follo..a.:ring protecti\~e equipment: a helmet,
elbow pads and kneepads, wrist guards and appropriate footwear.
3. All protective gear and equipment must be designed for skateboard/in-line
skating and be in good condition. The City of Andover employees and/or Anoka
County Sheriffs Department reserves the right to refuse to allow anyone to
skate If they're protective gear and equipment Is not adequate.
'4. All skaters agree to act In an orderly, safe and considerate manner while on the
/ premises and In the skating area.
5. No "snaking". Everyone Is to walt his/her turn. Reckless or dangerous skaters
will be requested to leave the skating area and the premises immediately.
6. All InJuries, whether major or minor In nature, are to be reported to the staff
Immediately. In the case of a serious Injury, do not move the Injured person
and all skating on that ramp shall cease Immediately.
7. Only one skateboarder Is permitted on a skateboard at a time.
8. No bicycles, scooters, roller skates, alcohol, tobacco products or drugs are
permitted In this facility.
9. No food or drink on the ramps or hockey rink area.
10. Proper language and music must be used at all times. Anyone showing
disrespect or found using or playing Improper language will be asked to leave.
.
1. Skating is restricted to inside the hockey rink area only.
2. All skaters must wear the following protective equipment: a helmet, elbow
pads and kneepads, wrist guards and appropriate footwear.
3. All protective gear and equipment must be designed for skateboard/in-line
skating and be in good condition. The City of Andover employees and/or Anoka
County Sheriffs Department reserves the right to refuse to allow anyone to
skate if they're protective g~ar and equipment is not adequate.
4. All skaters agree to act in an orderly, safe and considerate manner while on the
, premises and in the skating area.
/
5. No "snaking". Everyone is to wait his/her turn. Reckless or dangerous skaters
will be requested to leave the skating area and the premises immediately.
6. All injuries, whether major or minor in nature, are to be reported to the staff
immediately. In the case of a serious injury, do not move the injured person
and all skating on that ramp shall cease immediately.
7. Only one skateboarder is permitted on a skateboard at a time.
8. No bicycles, roller skates, alcohol, tobacco products or drugs are permitted in
this facility.
9. No food or drink on the ramps or hockey rink area.
10. Proper language and music must be used at all times. Anyone showing
disrespect or found using or playing improper language will be asked to leave.
\
,
. Tier 1 facilities have features generally less than three feet in total height. No additional
premium is charged for this type of skate park.
. Tier 2 facilities consist of ramps with features greater than three feet in total height. Premium
rates for tier 2 skate parks will range from $2,500 to $7,500. Factors that will affect the
premium charge include:
. Anticipated. attendance levels
. Size and number of ramps
. Hours of operation of the facility (i.e., open a few days a week versus each day)
Loss Control Guidelines for Tier 1 Skate Parks
Tier 1 facilities do not need to be fenced or supervised, although the city may choose to do so.
Ramps must have structural integrity and should be constructed according to professional blue
prints. Equipment and ramps must be fixed in place and separated by a minimum 1 a-foot use zone.
In addition, youth can not bring their own ramps into the designated skating area.
Signage is recommended including rules regarding the use of skate parks and indicating that
personal protective equipment is recommended to use the park's facility. -Equipment includes
helmet and elbowlknee pads. Regulations need to be enforced by the police and/or parks and
/ recreation department by the use of a formal inspection procedure. A weekly maintenance and
inspection program must be in place. Depending on the type of ramps and amount of use,
inspections may be needed on a daily basis to check for vandalism and wear.
Loss Control Guidelines for Tier 2 Skate Parks
Loss control measures need to be implemented for tier 2 skate parks. Although the following
guidelines give requirements and recommendations for tier 2 skate parks, those planning a tier 1
park should review the general themes.
If you are considering a skating facility, the five most important areas to include within your plans
are:
. Environmental controls;
. Supervision;
. Facility rules, regulations, and signage;
. Maintenance and safety inspections; and
. Enforcement of skaters wearing personal protective gear.
Environmental controls
Proper assembly and installation of ramps and equipment are crucial for structural integrity,
stability and overall safety. One source of information regarding skate park ramp design is available
through the International In-line Skating Association's web page at www.iisa.org.
/
Installation of equipment should not deviate from the manufacturer's instructions. After assembly,
equipment must be inspected before its first use. As a precaution, the manufacturer's assembly and
Parks & Ree 2001
-118-
UPDATE OF SKATEBOARD EQUIPMENT (PHASE II)/TASK FORCE
Commissioner Anderson updated the Commission on the Skateboard Task Force meeting
that took place prior to the meeting. He stated that the sheriffs department doesn't have
a lot of time to monitor the park, nor do they have the legal authority to enforce the kids
to wear helmets. He stated that the task force agreed that the park should be supervised
for next year, however the costs for supervision will need to be evaluated to determine
how it would be handled. He stated that there also has been some discussion and interest
to go to a Tier II facility, however this would need to be discussed in depth before any
decisions could be made. He mentioned that they also discussed the possibilities of
putting up a fence. He suggested that all purchases be on hold on to further evaluation
has been done.
Commissioner Blackstad suggested the helmet rule be changed on the sign from being
recommended to required. He also suggested that bikes and scooters not be allowed in
the park.
Commissioner Anderson stated that there have been some complaints that the equipment
has a steeper grade than what is found in other ciites.
Chairperson Holthus questioned if the task force plans to do further evaluations this
winter. Commissioner Anderson stated that that is correct.
Commissioner English stated that the original goal ofthe facility was to keep the costs
low. He questioned ifthere was any dicusssion as to different no cost options such as
parents signing a form taking responsibility for their child.
Commissioner Blackstad stated that along with the supervision there would also be a fee.
Commissioner English stated that he has seen at most 6-8 kids using the facility the right
way at any given time.
Commissioner Anderson agreed that low cost options need to be looked at, such as
seeking volunteers to to act as supervisors.
Commissioner Lindahl suggested conducting some trainings to educate the kids on how
to use the facility properly.
Commissioner English suggested parents sign a form and read the rules and develop
accountabilitly with their child, and if they don't have a wristband showing that a form
has been signed they would have to leave.
Mr. Haas mentioned that another request from the task force was vending machines,
however at this time we've decided against it because of the littering problem.
I
Commissioner Anderson questioned if the Commission agrees not to spend any more
money until further evaluations have been done. The Commission agreed.
Motion by Anderson, seconded by English, to recommend to the City Council that the
sign at the Skateboard Park be changed to reflect that helmets are required and all other
safety equipment is recommended, furthermore that City Staff and the City Attomey
review the legality issues in terms of insurance, etc. Motion carried on as-ayes, O-nays,
2-absent (Grabowski and O'Toole) vote.
/
,
G
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . www.CI.ANDOYER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrator~
Scott Erickson, City Engineer d \
FROM: Todd Haas, Asst. City Engineer
SUBJECT: Reduce Letter of CreditJDeveloper's Improvements/Sunridge - Engineering
DATE: September 4, 2001
INTRODUCTION
This item is in regards to a request from D.H. Land Company, Inc.lSunridge Townhomes, LLC
to reduce the developer's letter of credit #1336 for the developer's improvements for Sunridge.
DISCUSSION
Attached are Pages 4 & 5 from the development contract that the City entered into with the
developer D.H. Land Company, Inc.lSunridge Townhomes, LLC. As the developer completes
their improvements, the letter of credit can be reduced. The grading and lot certification letter
have been received by the City. Street lights have been paid to Connexus Energy.
Amount Reduce
Available To Reduction
Sunridge $97,900.00 $6,900.00 $91,000.00
BUDGET IMP ACT
None
ACTION REOUIRED
City staff is recommending the City Council reduce the letter of credit to $6,900.00.
Respectfully submitted,
J ~~
cc: D.H. Land Company, Inc.lSunridge Townhomes, LLC, 13760 Goldenrod Street NW,
Andover, MN 55304
-
I 2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for
street lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
I. The Developer shall dedicate and survey all storm water holding
ponds as required by the City. The Developer shall be responsible
for storm sewer cleaning and holding pond dredging, as required,
by the City prior to completion of the development.
J. The Developer shall be responsible for securing all necessary
approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction
contracts for public utilities.
K. The Developer shall make provision that all gas, telephone and
- electric utilities shall be installed to serve the development.
L. Cost of Developer's Improvements, description and completion
dates are as follows:
/
Description of Estimated Date to be
Improvements Cost Completed
1. lroding,. Certificate of Glrding, ~~.co Mly. 12, 2(XX)
$47. .ffi
& As-anlts
2. Erosion Control $500.00 O'l-GJi ng
3. Tree Protection $500.00 O'l-GJing-.
c,eo
4. Iron M.nJrents & Certification $l-, 7Sf). 00 h1gust 11, 2(XX)
of Placarent D'OO
5. Tree lemval $1-, oo:J. 00 Mly 12, 2(XX)
6. Street M1intenance $500.00 O'l-GJing -
C.DO
7. Installation of Str.eet lights $S. oo:J. 00 hJgust 11, 2(XX)
8.
Total Estimated Construction Cost 4000.00
For Developer's Improvements: $ se,lS8.00
Estimated Legal, Engineering and boo,oo
Administrative Fee (15%) $ 8.S12.00
/
Total Estimated Cost of Developer
4
-
,
/ '-I(:;oo.o~
Improvements $ e>,ff1f.SO .
~q Do. 00
Security Requirement (150%1 $ 1j7 ,!JOO. 00
M. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City.
2. Inspection. All of the work shall be under and subject to
the inspection and approval of the City and, where
appropriate, any other governmental agency having
jurisdiction.
3. Easements. The Developer shall dedicate to the City, prior
to approval of the final plat, at no cost to the City, all
permanent or temporary easements necessary for the
construction and installation of the Developer's
Improvements as determined by the City. All such
easements required by the City shall be in writing, in
recordable form, containing such terms and conditions as
the City shall determine.
/ 4. Faithful Performance of Construction Contracts and Bond.
The Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by the
Developer for the installation and construction of all
Developer's Improvements and hereby guarantees the
workmanship and materials for a period of one year
following the City's final acceptance of the Developer's
Improvements. Concurrently with the execution hereof by
the Developer, the Developer will furnish to, and at all times
thereafter maintain with the City, a cash deposit, certified
check, Irrevocable Letter of Credit, or a Performance Bond,
based on one hundred fifty (150%1 percent of the total
estimated cost of Developer's Improvements as indicated in
Paragraph L. An Irrevocable Letter of Credit or
Performance Bond shall be for the exclusive use and benefit
of the City of Andover and shall state thereon that the
same is issued to guarantee and assure performance by the
Developer of all the terms and conditions of this
Development Contract and construction of all required
improvements in accordance with the ordinances and
specifications of the City. The City reserves the right to
draw, in whole or in part, on any portion of the Irrevocable
Letter of Credit or Performance Bond for the pu rpose of
guaranteeing the terms and conditions of this contract.
/ The Irrevocable Letter of Credit or Performance Bond shall
be renewed or replaced by not later than twenty (20) days
prior to its expiration with a like letter or bond.
5
R'cr;:'-IVCi)
. \ L,.I.:.-~ . t-t
l AlIG 20 -LUUJ
GIrl Of- r i\0r'\ICR
SUNRIDGE TOWNHOMES, LLC I i f ~ 1"\ I 'r; :i...:~ ~J ~ t._)
13853 W ASIllNGTON ST.
RAM LAKE, MN 55304
08/16/01
CITY OF ANDOVER
1685 CROSSTOWN BLVD.
ANDOVER, MN 55304
RE: SUNRIDGE
We're requesting that you issue a reduction to the letter of credit for the work that is completed in
SUNRIDGE.
I
/
(j)
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Council Members
CC: John Erar, City Administrato~
FROM: Scott Erickson, City Engineery~
SUBJECT: Approve Change Order #2/01-12 to 00-18/New Elementary School Verdin
Street Entrance Improvements - Engineering
DATE: September 4,2001
INTRODUCTION
The City Council is requested to approve a change order to City Project 00-18, (Andover
Boulevard Extension) for the construction of the Verdin Street (County Rd. 59) improvements at
the entrance to the new elementary school site.
DISCUSSION
Although Verdin Street is a County Highway, the City of Andover is acting as the facilitating
agency for this project. As a requirement for the development of the site, the County had
previously indicated the need to have County Road 59 (Verdin Street) upgraded with turn lanes
at the entrance to the new elementary school. The County was not available to facilitate the
improvements this year and as the school district chose to have the project assessed to them (as
opposed to them paying for it directly), the City has stepped up and is acting as the lead agency
for the project.
Staff has obtained pricing for this improvement from two contractors currently under contract
with the City. The pricing received for the Verdin Street turn lane improvements are as follows:
WB Miller $216,729.75 (See attached letter from MFRA)
Burchville Construction $235,355.00
Engineer's Estimate $177,247.00
(McCombs, Frank, Roos Associates)
Staff has met with officials from the Anoka Hennepin School District to review the costs. After
reviewing costs and project timing with the district staff, it was determined to move forward with
the project and perform the construction yet this year. The project is anticipated to begin two
weeks after school starts and will take approximately one month to complete.
Mayor and Council Members
September 4, 2001
Page 2 of2
The Anoka County Highway Department was also contacted and concurred that the project
should be completed yet this year.
BUDGET IMP ACT
The improvement cost will be assessed to the Anoka Hennepin School District.
ACTION REQUIRED
The City Council is requested to approve the resolution approving Change Order #2 to Project
00-18, Andover Boulevard Extension for Project 01-12, New Elementary School Verdin Street
Entrance Improvements.
Respectfully submitted,
cdfLL-
Scott Erickson
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO.
00-18, ANDOVER BOULEVARD EXTENSION FOR PROJECT NO. 01-12, NEW
ELEMENTARY SCHOOL VERDIN STREET ENTRANCE IMPROVEMENTS.
WHEREAS, the City of Andover has a contract for Project No. 00-18 with_
W.B. Miller. Inc. of Elk River. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 00-18 for Project No. 01-12.
Adopted by the City Council of the City of Andover this 4th day of
September , 2001.
/
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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Enginee,. ,g Planning Surveying
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McCDmbs Frank RllDS F i- (': - : \ I;: i) !
ASS".'I~tDS Inc ,.- c1 ~ I , ~ ' ,
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L_____j
August 2 I, 2001 C I';-y n: i.' -.... >)
-=--~==--~~--~_-::..:-.-
Mr. Scott Erickson
City of Andover
1685 Crosstown Boulevard Northwest
Andover, Minnesota 55304
SUBJECT:
I Dear Mr. Erickson:
During our review of the bid results for the Verdin Street Northwest Improvement Project, two
differences were noticed between bid quantities and the quantities used in the project Feasibility
Report. A copy of the bid tabulation is enclosed.
The two items were the Class 5 aggregate base and the non-wearing course (bituminous) mixture.
The aggregate base should have been 2,000 tons, instead of the bid estimate of2,900 tons, and the
bituminous mixture should have been 750 tons, instead of the bid estimate of 1,200 tons.
This difference in quantities could reduce the associated bid amounts'by $1 ! ,925.00 and $13,432.50,
respectively, for the aggregate base and bituminous mixture. This potential underrun could total as
much as $25,357.50.
Even though this difference has been discovered, it is our opinion that the change order be awarded
to W.B. Miller, Inc. based on their low bid of $216,729.75. The contract states that the contractor
will be paid only for the work completed. Therefore when we subtract the above referenced potential
underrun from the W.B. Miller, Inc. bid, the resulting final construction costs could be as low as
$191,372.25. Prior to assessments, the actual quantities will be adjusted for the entire project.
15050 23rd Avenue North . Plymouth, Minnesota . 55447
phone 763/476-6010 . tax 763/476-8532
e-mail: mtra@mtra.com
,~";:'i'j(~,-J:"~~~~~t.:~O;\.i;;':.:":f'-;'r.','-:"':--;;',":;:;-'J~I;:JG-i:~<:~~"~'~i.~~'~:';;;',i;-'';:i':;~~~-',~;".i(,~, - "')~\,i'J:"~&"~i7~"':~'.:i""':; -l';':,',;"-"-~i:;-:"-,:iit0':i.....:..~-~,,,~'~'iil'i'~::";"':"'..-;:<.:.1.:;.;.~...r"';''''-~1-~~~
Mr. Scott Erickson
August 21,2001
Page 2
If you have any questions or need additional information, please contact us.
Very truly yours,
MFRA
. ,
PJi~
R. Jeff Elliott, P.E.
RJE:rth
Enclosures
s:lmain:\and 1329 5lcorrespondencelerickson8-21
CHANGE ORDER
CITY OF ANDOVER
Andover, MN September 4 ,2001 . Change Order No.~
To W.B. Miller. Inc.
For Proiect 00-18. Andover Boulevard Extension (Addition of City Proiect 01-12. New
Elementary School Verdin Street Entrance Improvements)
For City of Andover
You are hereby directed to make the following change to your contract dated
July 3 , 2001 . The change and the work affected thereby is subject to all contract
stipulations and covenants. This change order will (increase) (dccrc3se) (no chango) the
contract sum by Two Hundred Sixteen Thousand Seven Hundred Twenty-Nine and
75/100 Dollars ($216.729.75)
This change order provides for the following extra work:
Item Unit
No. Descriotion Quantitv Unit Price Amount
1 Traffic Control 1 EA $6,950.00 $6,950.00
2 Clearina & Grubbinq .4 AC $8,575.00 $3,430.00
3 Common Excavation 1,000 CY $10.35 $10,350.00
4 Granular Borrow 2,250 CY $13.35 $30,037.50
5 Remove 18" Apron CMP 2 EA $80.00 $160.00
6 Remove & Reinstall 18" RCP 80 LF $21.50 $1,720.00
7 Remove & Reinstall 36" RCP 1 EA $800.00 $800.00
8 12' Class 5 RCP Storm Sewer 175 LF $36.50 $6,387.50
9 36" Class 5 RCP Storm Sewer 5 LF $91.00 $455.00
10 12" RC Apron 2 EA $1,175.00 $2,350.00
11 12" RCP Apron (6:1 Safety Apron) 1 EA $1,550.00 $1,550.00
12 18" CMP Apron(6:1 Safety Apron) 2 EA $1,290.00 $2,580.00
13 Core Storm Sewer Manhole 1 EA $2,550.00 $2,550.00
14 Hand-placed Rip Rap Class II 100 CY $70.00 $7,000.00
15 Remove Concrete Curb & Gutter 97 LF $6.00 $582.00
16 Install Concrete Curb & Gutter 108 TN $24.50 $2,646.00
17 Class 5 Aaareaate Sase 2,900 TN $13.25 $38,425.00
18 Type LV4 & Wear Course Overlay 1,100 TN $30.00 $33,000.00
Mixture
19 Type LV3 Non-Wearing Course 1,200 TN $29.85 $35,820.00
Mixture
20. Bituminous Tack Coat 550 GA $1.35 $742.50
21. Bituminous Patch (Includinq Class 5) 63 SY $67.25 $4,236.75
22. Gravel Material - Shoulder 250 TN $24.50 $6,125.00
23. Siqn Panels (Includinq Posts) 45 SF $37.50 $1,687.50
24. Pavement Markinq (Riqht Arrows) 4 EA $70.00 $280.00
25. Pavement Markinq (Left Arrows) 4 EA $70.00 $280.00
26. Pavement Markinq (Thru Arrows) 7 EA $70.00 $490.00
G:IDA TAISTAFFIRHONDAAIFORMSICORDER2.DOC
27. 4" Solid Sinale White Line 5,000 LF $.08 $400.00
28. 4" Solid Double Yellow Line 4,100 LF $.15 $615.00
29. 24" Solid Sinale Yellow Line 650 LF $1.60 $1,040.00
30. Seedina (Mix No. 900) & Mulch 2.5 AC $1,600.00 $4,000.00
31. Silt Fence 2,200 LF $2.15 $4,730.00
32. Too Soil 10 CY $12.75 $1,275.00
33. Sod 100 SY $5.35 $535.00
34. Straw Fiber Blanket 2,500 SY $1.40 $3,500.00
TOTAL CHANGE ORDER NO.2 $216.729.75
Amount of Original Contract $1.730.577.58
Additions approved to date (Nos. C.O. #1 (Ball Field Construction)$ 211.789.50
Deductions approved to date (Nos. ) $ 0.00
Contract amount to date $1.942.367.08
Amount of this Change Order (Add) (Doduct) (No Chango) $ 216.729.75
Revised Contract Amount $2.159.096.83
Approval City of Andover Approval W.B. Miller. Inc.
Owner Contractor
By By
City Engineer Date Date
G:IDA T AISTAFF\RHONDAAIFORMSICORDER2.DOC
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/
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
CC: John Erar, City Administrato~.fvrt--
I
/
FROM: Dan Winkel, Fire Chief
SUBJECT: Approve Specifications & Authorize Bids/Fire Department Tanker Truck
DATE: 09/04/01
INTRODUCTION
The Andover Fire Department Truck Committee has completed specifications for a new tanker
truck that will replace an existing vehicle at Station Two.
/ DISCUSSION
The truck committee has met with a number of fire truck manufacturers to review available
construction methods and miscellaneous equipment needed for a new 2,500 gallon tanker truck.
After a very thorough review and much discussion, final specifications have been prepared and
are ready to be used to advertise for bids. The new tanker truck is a scheduled replacement for an
existing vehicle that is 18 years old. The Andover vehicle committee has examined the need for
the replacement and concluded that the replacement is warranted. The new vehicle is part of the
2001 Equipment Bond.
BUDGET IMP ACT
The estimated cost of the new tanker is $230,000. The new vehicle is part of the 2001
Equipment Bond. The delivery date will be three to four months after the order has been placed.
RECOMMENDATION
To approve specifications for a new fire department tanker truck and to also authorize advertising
for bids on the purchase of the new truck.
/ :>>:Ily;;;::t/
Dan Winkel
(i)
CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . www.CI.ANDOYER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratorq~./
FROM: Vicki V olk, City Clerk
SUBJECT: Approve Summary/Transient Merchant Ordinance/No. 250A
DATE: September 4,2001
INTRODUCTION
An amendment to the Transient Merchant Ordinance was adopted by the City Council on
July 17, 2001.
DISCUSSION
City policy is that if an ordinance is more than 3 pages a summary will be prepared and approved
by the Council for publication in the official city newspaper. The newly adopted ordinance is 9
pages in length.
ACTION REOUIRED
Council is requested to approve the attached summary for publication purposes.
Respectfully submitted,
~. tJ.#
Vicki Volk
City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 250A SUMMARY
AN ORDINANCE DEFINING TRANSIENT MERCHANT, PEDDLER, CANVASSER,
AND SOLICITOR AND REQUIRING SAID INDIVIDUALS OR ORGANIZATIONS
TO COMPLY WITH CERTAIN PROCEDURES WHILE DOING BUSINESS WITHIN
THE CITY IN ORDER TO PROVIDE FOR THE PUBLIC WELFARE, AND
PROVIDING FOR FEES AND PROHIBITING THE USE OF PUBLIC RIGHTS OR
WAY OR PUBLIC PROPERTY FOR CERTAIN ACTIVITIES.
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes 329.
Policy
I The purpose of this ordinance is to require transient merchants, peddlers, canvassers and
solicitors to comply with certain procedures while doing business within the City of
Andover.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Clerk or hislher designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor of the governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Rum River Branch of the Anoka County Library.
/ 4th
Adopted by the City Council of the City of Andover this day of September. 2001.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
/
(@;)
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato~
FROM: Vicki Volk, City Clerk
SUBJECT: Approve Summary/Lawful Gambling Ordinance/No. 258A
DATE: September 4,2001
INTRODUCTION
An amendment to the Lawful Gambling Ordinance was adopted by the City Council on
August 21,2001.
DISCUSSION
City policy is that if an ordinance is more than 3 pages a summary will be prepared and approved
by the Council for publication in the official city newspaper. The newly adopted ordinance is 4
pages in length.
ACTION REQUIRED
Council is requested to approve the attached summary for publication purposes.
Respectfully submitted,
~ (),j//
Vicki Volk
City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 258A SUMMARY
AN ORDINANCE REGULATING LAWFUL GAMBLING WITHIN THE CITY OF
ANDOVER..
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance is adopted pursuant to the authorization and policies contained in
Minnesota Statutes 349.
Policy
The purpose of this ordinance is to closely regulate and control the conduct of gambling
and to ensure that profits derived from gambling activities in the City of Andover
provide, to the extent authorized by law, direct benefits for the citizens of Andover.
GENERAL PROVISIONS AND DEFINITIONS
,.
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Clerk or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum
requirements and shall be liberally construed in the favor ofthe governing body and shall
not be deemed a limitation or repeal of any other powers granted by State Statutes.
A printed copy of this ordinance is available for inspection by any person during regular
office hours of the City Clerk and at the Rum River Branch of the Anoka County Library.
Adopted by the City Council of the City of Andover this 4th day ofSeotember. 2001.
CITY OF ANDOVER
Attest:
Michael R. Gamache - Mayor
Victoria V olk - City Clerk
.
/
@
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
CC: John Erar, City Administrato~?!L-
David Carlberg, Community evelopment Director
FROM: Courtney Bednarz, City Plann~
SUBJECT: Approve Amended Special Use PermitJPUD/Alternate Townhome
Design/Nature's Run - Planning
DATE: September 4, 200 I
INTRODUCTION
This item was tabled at the August 21st City Council Meeting.
/ DISCUSSION
The applicant has indicated that modifications to the design of the townhouses are being
considered. No plans have been submitted to indicate how these changes affect the development
standards that were approved with the original Special Use Permit.
RECOMMENDATION
It is recommended that the Council table this item at the applicant's request until plans have been
submitted and reviewed by staff. This will allow staff an opportunity to prepare a report, for your
review, which details how the modifications will compare with the approved development
standards. Ifthe applicant chooses not to request the extension, Council will need to act on the
request this evening.
~~
Cc: Bill Hupp, 1650 Andover Boulevard
Tom Enzmann, 1718 Andover Boulevard
@
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: Mayor and Councilmembers.
CC: John Erar, City Administratoiv
David Carlberg, Community evelopment Director~
FROM: Courtney Bednarz, City Plann(Jj:
SUBJECT: Approve Comprehensive Plan Amendment (Ol-Ol)/RU to RM/Devonshire Estates -
Planning
DATE: September 4,2001
INTRODUCTION
This item addresses the land use change that is necessary to allow the eight unit townhouse
project to be known as 'Devonshire Estates' to be constructed at the southeast corner of
Crosstown Drive and 138th Ave NW. The Planning and Zoning Commission held a public
hearing for this item at their August 28th meeting and recommended approval of the land use
change.
DISCUSSION
The current land use designation for the two subject properties is Urban Residential Single
Family, RU. This designation allows single family residences.
The proposed land use designation is Urban Residential Multiple Family, RM. This designation
permits single family residences as well as medium density multiple family uses, such as
townhouses.
This land use change will conform with the land use designations of adjacent properties to the
east. This land use change will also conform to the proposed Land Use Map which is a
component of the draft 2020 Comprehensive Plan.
If approved, this land use change will be forwarded to the Metropolitan Council for their review.
Attachments
Resolution
Location Map
RECOMMENDATION
The Planning and Zoning Commission unanimously recommended approval of Comprehensive
Plan Amendment #01-0 I.
Respectfully submitted,
~~
Cc: David Harris, Creekside Homes
,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -01
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY
OF ANDOVER FROM RU, URBAN RESIDENTIAL SINGLE F AMIL Y TO RM, URBAN
RESIDENTIAL MULTIPLE FAMILY.
WHEREAS, Creekside Homes has petitioned the City of Andover for an amendment to
Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan.
WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must
be consistent with the comprehensive plan.
WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed
rezoning to M-2, Multiple Dwelling Zoning District.
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the amendment as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and adopts the
following amendment to the Comprehensive Plan, subject to review by the Metropolitan
Council:
1) Change the land use district designation from RU, Urban Residential Single Family to RM,
Urban Residential Multiple Family on 1.21. acres legally described on Exhibit A.
Adopted by the City Council of the City of Andover on this _ day of ,2001.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half ofthe Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning of the tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of234.46 feet; thence Northwesterly tangent to said
curve a distance of 65.36 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet West from the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
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IProject Location Map W~E
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City of Andover
Planning Departmenf
@
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
CC: John Erar, City AdministratOl~~
FROM: David Carlberg, Community evelopment Director ~
Courtney Bednarz, City Planner
SUBJECT: Approve Rezoning (OI-02)/R-4 to M-2//Devonshire Estates - Planning
DATE: September 4,2001
INTRODUCTION
The City Council is asked to review a rezoning request to rezone the property located at the
southeast corner of 13Sth Avenue NW and Crosstown Drive for the proposed townhouse
development to be known as 'Devonshire Estates'. The current zoning of the property is R-4,
Single Family Urban Residential. This district does not permit townhouses. A rezoning to M-2,
Multiple Dwelling is requested. All rezonings to multiple family, commercial, and/or industrial
districts require a contract rezoning.
Contract Rezoning
The purpose for the contract is to formalize development standards and to ensure consistency and
compatibility with surrounding neighborhoods. A draft contract is attached for your review. The
following standards are required to be a part of the contract:
1. Agreement to layout, develop and maintain the subject property as presented in the
accompanying preliminary plat or site plan.
2. Provision to allow the City Council to commence rezoning of the property to the previous
zoning district if the preliminary plat or site plan is not adhered to.
3. Additional standards may be included to protect the health, safety, and general welfare of
surrounding land uses.
4. Any modification or revision to the zoning contract or attached plans shall be prohibited
I without majority consent of the City Council.
DISCUSSION
Appropriate Zoning District
Both the M-1 Single family attached Dwelling Units and Apartments and the M-2 Multiple
Dwelling Zoning Districts allow townhouses not to exceed eight units per building with public
sanitary sewer and water service. The M-2 zoning district was selected to match the zoning of
existing properties to the east that are currently zoned M-2. The Contract Rezoning will ensure
that the development will follow approved guidelines.
Special Use Permit/or Planned Unit Development Review
The proposed properties for the individual townhouse units will not meet the minimum lot size
requirements for the M-2 zoning district. Planned Unit Development Review is needed to
consider alternate development standards. The Special Use Permit application for Planned Unit
Development Review will follow this rezoning request.
Moratorium on Multiple Family Housing
There is currently a moratorium that prohibits more than two residential living units from being
constructed on one property. The City Council has exempted the proposed project from this
moratorium. This exemption was granted due to the fact that the project had been proposed and
was in the early stages of review when the moratorium was adopted.
Attachments
Attachment A Location Map
Attachment B Ordinance
Attachment C Contract Rezoning
Attachment D Planning and Zoning Commission Minutes
RECOMMENDATION
The Planning and Zoning Commission unanimously recommended approval of Rezoning #01-02.
Cc: David Harris, Creekside Homes
"-
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:Project Location Map W~E
.
City of Andover
Planning Departmenl
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.8
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT
MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as
follows (PIN 27-32-24-41-0001 & -0002):
1) Rezone land from R-4, Single Family Urban to M-2, Multiple Dwelling on approximately
1.2 acres (PIN 33-32-24-13-0014 and 33-32-24-13-0049) legally described on Exhibit A.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted by the
City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this _ day of 2001.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
/
ZONING CONTRACT
This agreement made this _ day of ,2001, by and between
the City of Andover, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304,
a municipal corporation organized under the laws of the State of Minnesota,
hereinafter referred to as the "City" and Creekside Homes, 241 Jackson Street NW,
Anoka, Minnesota 55303" hereinafter referred to as the "Developer".
WHEREAS, Developer is the owner of certain Property in the City of
Andover legally described on Exhibit A attached hereto and made a part hereof;
and
WHEREAS, the Developer has requested that the City change the zoning
classification for the Property from an R-4, Single Family Urban Residential
District to M-2, a Multiple Dwelling district; and
WHEREAS, it is believed by the City that the rezoning of said Property to a
M-2 Multiple Dwelling district so as to permit a residential development
consisting of eight (8) townhomes would be in the public interest and welfare
of the citizens ofthe City; and
WHEREAS, the Developer has agreed to develop the property as a
townhouse development in consideration ofthe City's changing the property to M-
2, Multiple Dwelling and the Developer further agrees as part of said consideration
to layout, develop and maintain the townhouse development as hereinafter set
forth;
NOW, therefore, in consideration of the mutual promises of the parties
made herein BY AND BETWEEN THE PARTIES HERETO:
1. The City shall complete the procedures necessary under City
Ordinances and State Law to rezone the Property from R-4, Single
Family Urban Residential to a M-2 Multiple Dwelling zoning
classification under the City's Zoning Ordinance No.8.
2. Developer agrees to layout, develop and maintain the Property as a
residential townhome development consisting of eight (8)
townhouse units and common open space.
Such townhouse development shall be constructed to meet the
approved plans and all specifications submitted by the Developer and
accepted and approved by the City and attached hereto as Exhibit B.
No changes or deviations from such plans or specifications shall be
permitted unless first authorized in writing by the City.
3. The Developer shall comply with all applicable rules, regulations,
ordinances and laws of the City of Andover, Anoka County, Coon
Creek Watershed, State of Minnesota and any other governmental
agency having jurisdiction over the project.
4. In the event that Developer violates any ofthe covenants and
agreements contained in this zoning contract or any other additional
agreements with the City or governmental agencies, the City may
commence an action to change the Property from the M-l, Multiple
Dwelling back to R-4, Single Family urban Residential and the
Developer will not object or oppose such ordinance in any form.
Furthermore, the City may, at its option, refuse to issue building
permits to any property within the development and stop building
construction within the development until such time as such default
has been corrected to the satisfaction of the City. Such actions shall
be in addition to any remedies the City may seek to enforce
performance of this agreement including but not limited to the right
to seek injunctive relief.
5. The provisions of this Agreement shall be binding upon and
enforceable against Developer, their successors and assigns and all
other subsequent owners of the Property, their respective heirs,
successors and assigns of the Property described in Exhibit A.
6. An executed copy of this Agreement shall be recorded with the
Anoka County Recorder.
In witness whereof, the parties to this agreement have caused these
presents to be executed the day and year aforementioned.
CITY OF ANDOVER
Dated: By
Its Mayor
Dated: By
Its City Clerk
DAVE HARRIS, CREEKSIDE HOMES
Dated: By
Its
Dated: By
lts
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of , _' before me, a Notary Public within and for
said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be
respectively the Mayor and Clerk ofthe City of Andover, and who executed the foregoing
instrument and acknowledged that they executed the same on behalf of said City.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF ANOKA )
On this _ day of , _, before me, a Notary Public within and for
said County, personally appeared and , to me known to be
the and
Of , a Minnesota corporation, and who executed the foregoing instrument
and acknowledged that they executed the same on behalf of said corporation.
Notary Public
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning of the tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 65.36 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet West from the
Southeast corner of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
Exhibit B
The following list of documents shall comprise Exhibit B:
1. Plans and specifications submitted to the City with a received date of
August 29, 2001 on file at the City of Andover, City Hall.
2. The "Special Provisions for Devonshire Estates (Standard Unit)" submitted to the City
by Creekside Homes with the received date of August 29,2001 on file at the City of
Andover, City Hall.
3. Special Use Permit Resolution No. R_-Ol and all association documents.
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 7
Motion by Hedin, seconded by Greenwald, to close the public hearing at 7:41 p.m.
Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Commissioner Daninger questioned ifthe issue the Commission previously had with the
access. Mr. Day explained that they would vacate one access to Crosstown Blvd. NW.
Commissioner Daninger questioned ifthe four new accesses would be onto Osage Street.
Chair Squires stated that that is correct.
Motion by Falk, seconded by Greenwald, to recommend to the City Council approval of
Resolution No. _' approving the Preliminary Plat of Creekside Estates 2nd Addition by
Taylor Made Homes Located in Section 27, Township 32, Range 24, Anoka County,
Minnesota. Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be up for discussion at the September 4,2001
City Council meeting.
-
PUBLIC HEARING: REZONING (01-02) - TO CHANGE THE ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER
I OF CROSSTOWN DRIVE AND 138TH AVE. NW FROM R-4 SINGLE FAMILY
URBAN RESIDENTIAL TO M-2 MULITIPLE DWELLING - FOR THE PROPERTY
TO BE KNOWN AS 'DEVONSHIRE ESTATES' - DAVE HARRIS.
Mr. Bednarz explained that the Commission is being asked to review and hold a public
hearing on the rezoning request of Dave Harris to rezone the property located at the
southeast corner of 13 8th Avenue NW and Crosstown Drive for the proposed townhouse
development to be known as 'Devonshire Estates'. He stated that the cUrrent zoning of
the property is R-4, Single Family Urban Residential. He stated that this district doesn't
permit townhouses. A rezoning to M-2, Multiple Dwelling is requested. All rezonings to
multiple family, commercial, and/or industrial districts require a contract rezoning.
It is important to note that a Comprehensive Plan Amendment is also required to change
the land use designation from Single Family Urban Residential to Urban Residential
Medium Density. A public notice for this item to hold a public hearing before the
Commission has been prepare and will be reviewed at the August 28th meeting. The
Comprehensive Plan Amendment, Rezoning, Special Use Permit, and Preliminary Plat
will be reviewed at the September 4th City Council meeting.
Mr. Bednarz mentioned that the zoning would be a contract rezoning. The purpose for
the contract is to formalize development standards to ensure consistency and
compatibility with surrounding neighborhoods. He stated that attached in the staff report
is a draft contract for the Commission's review. He reviewed the standards that would be
required to be part of the contract.
Regular Andover Planning and Zoning Commission Meeting
Minutes -August 14,2001
Page 8
Mr. Bednarz stated that both the M-l Single Family attached dwelling units and
apartments and the M-2 Multiple Dwelling Zoning District allow townhouses not to
exceed 8 units per building with public sanitary sewer and water service. He stated that
the M-2 zoning district was selected to match the zoning of existing properties to the east
that are currently zoned M-2. The Contract Rezoning will ensure that the development
will follow approved guidelines. He stated that the proposed properties for the individual
townhouse units would not meet the minimum lot size requirements for the M-2 zoning
district. Planned Unit Development Review is needed to consider alternate development
standards. The Special Use Permit application for Planned Unit Development Review
will not follow this rezoning request.
Mr. Bednarz explained that there is currently a moratorium that prohibits more than two
residential living units from being constructed on one property. The City Council has
exempted the proposed project from this moratorium. This exemption was granted due to
the fact that the project had been proposed and was in the early stages of review when the
moratorium was adopted.
The Developer Dave Harris gave a brief overview of the project.
Mr. Bednarz explained that the project would consist of a contract rezoning; therefore the
zoning would be specific for this project only.
Chair Squires questioned what the price point would be for the homes. Mr. Harris stated
that he is unsure since the prices oflumber, etc. have gone up since the sketch plan,
however the price should range between $169,000 to $189,000.
Commissioner Greenwald questioned the value of the homes to the north of the site. Mr.
Bednarz stated that the prices would be comparable.
Commissioner Greenwald questioned if these townhomes would decrease the value of the
homes on the north side. Mr. Bednarz stated that he didn't believe the project would have
a negative effect on surrounding property values.
Commissioner Falk questioned how many conditions staff is recommending. Mr.
Bednarz reviewed the conditions of the staff report.
Commissioner Greenwald mentioned that the Commission is being asked to approving
the rezoning request, however it would be subject to approval of the Comprehensive Plan.
Mr. Bednarz stated that that is correct.
Commissioner Daninger questioned when the sketch plan was presented to the
Commission. Mr. Harris stated that it was about 18 months ago.
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 9
Mr. Bednarz stated that the City did do an extensive study of the area to determine the
best possible use of the site and potential redevelopment options for the surrounding area.
Commissioner Daninger questioned if the sketch plan was similar to the request being
proposed tonight. Mr. Harris stated that it is pretty much the same plan. He went on to
explain the few changes that were made to the look of the buildings.
Motion by Falk, seconded by Hedin, to open the public hearing at 7:53 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Matt McBride, 2600 138th Street, stated that he owns the adjacent property, which
happens to be a four pi ex. He stated that he has a number of concerns such as utilities,
the value of his property, and time line on the project. He mentioned that he would like
to know more since he will be directly affected.
Chair Squires questioned Mr. Harris ifhe could address whether or not utilities would
come in and whether or not they would be assessed, the property value of the adjacent
homes, and the time line. Mr. Harris stated that the utilities would be on the East side of
the property; furthermore the project will only enhance the property values in the area.
He mentioned that they hope to finish construction by the spring of 2002.
Chair Squires suggested Mr. Harris discuss some of Mr. McBride's concerns with him
personally.
Commissioner Hedin questioned if there would be room for trees on either side of the
walkway. Mr. Harris stated that they do plan to plant some type of barrier along the fence
line.
Commissioner Hedin questioned the type offence that exists. Mr. Harris stated that the
City put in a chain link fence.
Commissioner Hedin questioned if the fence would stay. Mr. Harris stated that as far as
he understands it the fence wouldn't be removed.
Randi Erickson, Creekside Homes, questioned if some of the park dedication fees could
go to the park nearby since it's in need of repair. Chair Squires stated that this is
something that should be discussed with the Park Commission.
Mr. McBride stated that the fence is in rough condition, since the City hasn't kept it up.
He stated that the park either needs to be upgraded or removed. Chair Squires suggested
staff pass along the comments and concerns to the Parks Commission.
There was no further public input.
Regular Andover Planning and Zoning Commission Meeting
, Minutes - August 14, 2001
Page 10
Motion by Falk, seconded by Hedin, to close the public hearing at 8:04 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Chair Squires suggested that when the Council approve the rezoning request that they
review the plans and specs, since they should be available at that time. Mr. Harris stated
that he has turned them in to the City.
Commissioner Greenwald questioned if there are plans to tear down the Mobil station in
the future. Mr. Bednarz stated that at this time there aren't plans to change the zoning of
the Mobil station, and there are no changes in the comprehensive plan for that particular
site.
Motion by Greenwald, seconded by Daninger, to recommend to the City Council
approval Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03,
Zoning District Map of the City of Andover. Motion carried on as-ayes, O-nays, 2-absent
(Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be discussed at the September 4, 2001 City
Council meeting.
PUBLIC HEARING: SPECIAL USE PERMIT (01-03) FOR PLANNED UNIT
DEVELOPMENT REVIEW OF "DEVONSHIRE ESTATES" LOCATED AT THE
SOUTHEAST CORNER OF CROSSTOWN DRIVE AND 138TH A VENUE NW-
DA VE HARRIS.
PUBLIC HEARING: PRELIMINARY PLAT FOR "DEVONSHIRE ESTATES" (01-
02) FOR PLANNED UNIT DEVELOPMENT REVIEW OF "DEVONSHIRE
ESTATES" LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE
AND 138TH A VENUE NW - DA VE HARRIS.
Mr. Bednarz explained that approval of the Special Use Permit would allow the
development to be constructed according to alternative development standards described
in the staff report. He mentioned that if approved all applicable ordinances would be
required to be met. He stated that the proposed project would reduce the lot size, width
and depth for each lot significantly from the M-2 requirements. This is due to the fact
that the units are attached and will be constructed as four unit buildings. A small property
will be created for each unit. The remainder of the property will be common open space.
It is desirable to maximize the amount of common open space in these types of
developments to allow the homeowners association to maintain them uniformly.
Mr. Bednarz stated that the exterior setbacks are side and rear setbacks only. The
development will meet or exceed the minimum exterior setbacks. The interior setbacks
/ include front and side setbacks. The distance between building fronts is 64 feet. This is
divided with 20 feet between each structure and the 24-foot wide drive aisle. The interior
@
/4,
J
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5tOO
FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US
TO: Planning Commissioners
CC: John Erar, City Administrator-:JL.-
David Carlberg, Community Development Director
FROM: Courtney Bednarz, City Plann~
SUBJECT: Approve Special Use Permit (01-03)/Planned Unit Development/Devonshire Estates -
Planning
DATE: September 4,2001
INTRODUCTION
The City Council is asked to review the Special Use Permit request to develop a Planned Unit
Development (PUD) consisting of eight townhouse units on the property legally described on the
attached resolution. Approval of the Special Use Permit will allow the development to be
I constructed according to alternative development standards described in this report.
The property is currently zoned R-4 Single Family Urban Residential. A rezoning to M-2,
Multiple Dwelling is being requested in conjunction with this request.
Applicable Ordinances
Ordinance No.8, Section 3.02 defines a Planned Unit Development as having (2) or more
principal uses or types of structures on a single lot or parcel of land and developed according to
an approved plan. Alternate development standards may be approved to permit a development of
superior quality that would otherwise not be permitted through strict adherence to applicable
zoning standards.
Ordinance No. 112 regulates Planned Unit Developments. This ordinance provides general
requirements and standards including consistency with the Comprehensive Plan, Sanitary Sewer
Plan and local ordinances.
Ordinance 112 requires a two acre site for planned unit development review. The proposed
project will be located on a 1.2 acre site. A variance to this requirement will be necessary for the
project to proceed.
Two acres are typically required to prevent small sites from circumventing zoning controls
through planned unit development review. In this case, the proposed project could conform to
the required lot size and setbacks of the M-2 zoning district. This would result in spreading the
units across the site and increasing the amount of paved surfaces and infrastructure costs. By
constructing two four unit structures, more common open space can be preserved and
City Council
September 4, 200 t
Devonshire Estates
Page 2 of5
maintained uniformly. The result is a better project than would be provided through strict
adherence to the requirements of the zoning district, which is one ofthe stated goals of
Ordinance 112.
Ordinance 112 also requires specific information as follows:
1. A declaration of covenants, conditions and restrictions to provide for the maintenance of
common open space as well as maintenance of other improvements to the property
including building exteriors and driveway surfaces. This document will be reviewed
under a separate item.
2. A Landscaping Plan with detailed planting list, including plant sizes and species. This
document will also be reviewed under a separate item.
3. Two hundred feet offrontage on a public street. 235 feet of frontage on 138th Avenue
exists.
4. Exterior front and side yards not less than those of the applicable zoning district. There
I are no exterior front yards. The exterior side yards meet or exceed the required 30 foot
setback.
5. No building located less than 20 feet from back of curb. The front of the structures are 20
feet from the back of curb from the interior drive lane.
6. No building within the project shall be located nearer to another building than one-half
(1/2) the sum of the building heights of the two (2) buildings. The two structures are 64
feet apart and comply with this requirement.
(see following page)
City Council
/ September 4, 200 I
Devonshire Estates
Page 3 of5
DISCUSSION
The following information is provided to compare the development proposal to applicable zoning
standards and recent townhouse projects:
Feature M-2 Proposed Project Nature's Run Townhomes of
District Woodland Creek
Lot Area 5,000 sf 1,728 sf for interior units 3,247/3,812 sf 3,850 sf
2,560 sf for end units
Lot width 150 feet 27 feetfor interior units 43.7/51.7 feet 55 feet
40 feetfor end units
Lot depth 150 feet 64 feetfor all units 74.3/76.3 feet 70 feet
Exterior Setbacks:
. Front 40 feet See interior setbacks 20 25 feet
. Side 30 feet 40 Feet to 138lh Ave 30 feet 27/40 feet
30 Feet to south line
I 30 feet 50 feet to Crosstown 30 feet 49-59 feet
. Rear
37/34 feet to east line 50 feet to Hanson
ROW
Interior Setbacks:
. Front 40 feet 20 feet from interior drive lane 20 feet 25 feet
. Side 30 feet Attached units 20 feet 27-59 feet
. Rear 30 feet See exterior setbacks 30 feet 46/66 feet
Setback 50 feet 50 feet 50 feet 49-59 feet
from Major
Arterial:
Garage size: 220+1ex- 480 sf 440 sf 660 sf
terior stall
Finished SF: 960 1,379 square feet for interior units 1,551/1,568/1,837 1,445 and up
1,528 square feet for end units
Density 5,000 sf / 6.6 units per acre 3.87 units per acre 3.7 units per acre
(units/acre): unit
City Council
September 4, 2001
Devonshire Estates
Page 4 of5
Lot Provisions
As the table indicates, the proposed project would reduce the lot size, width and depth for each
unit significantly from the M-2 requirements. This is due to the fact that the units are attached
and will be constructed as four unit buildings. A small property will be created around each unit.
The remainder of the property will be common open space. It is desirable to maximize the
amount of common open space in these types of developments to allow the homeowners
association to maintain them uniformly.
Setbacks
Due to the fact that the buildings face each other, the exterior setbacks are side and rear setbacks
only. The development will meet or exceed the minimum exterior setbacks (see table on
previous page).
The interior setbacks include front and side setbacks. The distance between building fronts is 64
feet. There are 20 feet between each structure and the 24 foot wide drive aisle. The interior side
yard setback is zero feet due to the fact that the units are attached.
Townhouse Units
/
The proposed townhouses are two story with both floors completely finished. This brings the
total finished square footage to 1,379 and 1,528 square feet. Soil boring information is still being
reviewed to determine whether basements can be provided for this project.
The Exterior of the Town/zornes
The exterior finishing materials of the townhouses will include brick and vinyl siding. The
garage doors will be steel with a raised panel. A decorative louver will be located on the front
garage elevation. Three gables are indicated on the front of the building in an attempt to break
up the roofline.
The rear elevation features predominantly vinyl siding. An 18" overhang is indicated for the
second story of each unit. A ground floor walkout and concrete patio will also be provided. A
maintenance free (vinyl) wall will separate the patios.
/
City Council
September 4, 2001
Devonshire Estates
Page 5 of 5
Homeowners Association
An association will be formed to maintain the exterior of the buildings as well as landscaped and
paved areas. The restrictive covenants document will be reviewed as a part of the final plat
application.
Attachments
Resolution
Attachment A Legal Description
Attachment B Development Standards
Attachment C Elevations
Attachment D Planning and Zoning Commission Minutes
RECOMMENDATION
The Planning and Zoning Commission unanimously recommended approval of Special Use
Permit #01-02.
i
Respectfully submitted,
Cc: David Harris, Creekside Homes
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CREEKSIDE
HOMES FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RESIDENTIAL
DEVELOPMENT CONSISTING OF EIGHT (8) TOWNHOME UNITS TO BE KNOWN AS
THE SUBDIVISION OF "DEVONSHIRE ESTATES" ON THE PROPERTY LEGALLY
DESCRIBED ON EXHIBIT A.
WHEREAS, Creekside Homes has requested a Special Use Permit for a Planned Unit
Development to develop a residential development consisting of eight townhome units to be
known as the subdivision of "Devonshire Estates" pursuant to Ordinance No.8, Section 4.18,
Planned Unit Developments and Ordinance No. 112, An Ordinance regulating Planned Unit
Developments on the property legally described on Exhibit A; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general welfare of
the occupants of the surrounding lands; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect on the property values and scenic views of the surrounding area; and
WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of
Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An
Ordinance regulating Planned Unit Developments; and
WHEREAS, the proposed development meets the intent of and is in harmony with the
Comprehensive Plan; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and there
was no opposition to the request; and
WHEREAS, the Planning and Zoning Commission is recommending to the City Council the
approval of the Special Use Permit for the Planned Unit Development as requested.
Page Two
Resolution - SUPIPUD of Devonshire Estates
September 4,2001
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and will allow
Creekside Homes to develop a Planned Unit Development on said property with the following
conditions:
1. All variances to Ordinances No.8 and 10 associated with the approval of the Special Use Permit for
the Planned Unit Development shall be as listed on Attachment B Development Standards and shall
become the only variances and approved standards for the development.
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section
5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval of
the comprehensive plan amendment, contract rezoning and the preliminary plat of Devonshire Estates.
If anyone of these applications or requests fails to be approved, in whole or in part, the special use
permit shall be considered null and void.
Adopted by the City Council of the City of Andover on this 4th day of September, 2001.
ATTEST CITY OF ANDOVER
Victoria V olk, City Clerk Michael R. Gamache, Mayor
"
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning ofthe tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half ofthe Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of234.46 feet; thence Northwesterly tangent to said
curve a distance of 65.36 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet Westfrom the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
, ,
Attachment B
Development Standards
Site Feature Approved Standard
Lot Dimensions:
Lot Area: 1,728 square feet for interior units
2,560 square feet for end units
Lot width: 27 feet for interior units
40 feet for end units
Lot depth: 64 feet for all units
Exterior Setbacks:
. Front NA
. Side 40 Feet to 138th Ave NW
30 Feet to south property line
, . Rear 50 feet to Crosstown Drive
34 feet to east property line
Interior Setbacks:
. Front 20 feet from interior drive lane
. Side Attached units
. Rear NA
Other Site Features:
Setback from Major Arterial: 50 feet
Land Coverage: 19%
Garage size: 480 square feet
Finished SF: 1,379 square feet for interior units
1,528 square feet for end units
Density (units/acre): 6.6 units per acre
Variances:
Variance to two acre minimum project size for a Planned Unit
I Development
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Regular Andover Planning and Zoning Commission Meeting
Minutes -August 14,2001
Page 10
Motion by Falk, seconded by Hedin, to close the public hearing at 8:04 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Chair Squires suggested that when the Council approve the rezoning request that they
review the plans and specs, since they should be available at that time. Mr. Harris stated
that he has turned them in to the City.
Commissioner Greenwald questioned if there are plans to tear down the Mobil station in
the future. Mr. Bednarz stated that at this time there aren't plans to change the zoning of
the Mobil station, and there are no changes in the comprehensive plan for that particular
site.
Motion by Greenwald, seconded by Daninger, to recommend to the City Council
approval Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03,
Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2-absent
(Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be discussed at the September 4,2001 City
Council meeting.
, PUBLIC HEARING: SPECIAL USE PERMIT (01-03) FOR'PLANNED UNIT
DEVELOPMENT REVIEW OF "DEVONSHIRE ESTATES" LOCATED AT THE
SOUTHEAST CORNER OF CROSSTOWN DRIVE AND H8TH A VENUE NW-
DA VE HARRIS.
PUBLIC HEARING: PRELIMINARY PLAT FOR "DEVONSHIRE ESTATES" (01-
02) FOR PLANNED UNIT DEVELOPMENT REVIEW OF "DEVONSHIRE
ESTATES" LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE
AND H8TH A VENUE NW - DA VE HARRIS.
Mr. Bednarz explained that approval of the Special Use Permit would allow the
development to be constructed according to alternative development standards described
in the staff report. He mentioned that if approved all applicable ordinances would be
required to be met. He stated that the proposed project would reduce the lot size, width
and depth for each lot significantly from the M-2 requirements. This is due to the fact
that the units are attached and will be constructed as four unit buildings. A small property
will be created for each unit. The remainder ofthe property will be common open space.
It is desirable to maximize the amount of common open space in these types of
developments to allow the homeowners association to maintain them uniformly.
Mr. Bednarz stated that the exterior setbacks are side and rear setbacks only. The
development will meet or exceed the minimum exterior setbacks. The interior setbacks
include front and side setbacks. The distance between building fronts is 64 feet. This is
divided with 20 feet between each structure and the 24-foot wide drive aisle. The interior
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 11
side yard setback is zero feet due to the fact that the units are attached. The foundation
size ofthe units is smaller than recently approved townhouse projects. It's important to
note that the proposed townhouses are two stories with both floors completely finished.
This brings the total finished square footage to 1,379 and 1,528 square feet.
The exterior finishing materials of the townhouses will include brick and vinyl siding.
The garage doors will be steel with a raised panel. A decorative louver will be located on
the front garage elevation. Three gables are indicated on the front of the building in an
attempt to break up the roofline. An association will be formed to maintain the exterior
of the buildings as well as landscaped and paved areas. The Restrictive Covenants
document will be reviewed as a part of the final plat application.
Mr. Bednarz explained that the Commission is asked to determine whether the proposed
subdivision is in conformity with the Comprehensive Plan, in conformance with the
criteria ofthe City and the best use ofthe land. He stated that in the staff report
information is provided for the Commission's review.
Mr. Bednarz stated that the existing land use of the proposed preliminary plat is"currently
designed as URL, Urban Residential Low Density. A Comprehensive Plan Amendment
is necessary to change the land use designation to URM, Urban Residential Medium
, Density. The proposed preliminary plat is currently zoned R-4, Single Family Urban
Residential. Rezoning ofthe property by contract to M-2, Multiple Dwelling is
necessary. The proposed plat is currently inside the Metropolitan Urban Service Area and
will be developed with municipal water and sanitary sewer. The proposed subdivision is
to be developed as a Planned Unit Development and consists of 8 townhome units and
common open space. The developer and/or owner are responsible to obtain all necessary
permits. He went on to review the comments made by the Andover Review Committee.
He stated that the Park Commission will evaluate previous land dedications to determine
if park dedication has been satisfied.
Motion by Hedin, seconded by Falk, to open the public hearing on item #7 at 8:18 p.m.
Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Hedin, seconded by Daninger, to open the public hearing on item #8 at 8: 18
p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
There was no public input.
Motion by Daninger, seconded by Hedin, to close the public hearing on item #7 at 8: 19
p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Daninger, seconded by Hedin, to close the public hearing on item #8 at 8: 19
, / p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes -August 14,2001
Page 12
J
Commissioner Daninger questioned in the preliminary plat what would divide the Mobil
station from the development. Mr. Harris stated that right now there is the fence and trees
as a border. He stated that they do plan to review this and plant additional trees if
necessary.
Commissioner Daninger stated that planting trees might be to the advantage of Mr.
Harris. Mr. Bednarz agreed, and suggested the Commission include in the motion any
specific recommendations for the landscaping plan.
Mr. Harris stated that Dave Carlberg had mentioned that the landscape plan didn't need to
be presented before the Commission, but would need to be reviewed by the Council on
September 4th. He offered to bring it to the next Planning Commission meeting on the
28th of August.
Chair Squires suggested including it with the plans and specs that would be submitted to
the Council for their approval on the 4th.
Commissioner Daninger questioned what the backside of the homes would look like. Mr.
Bednarz presented a picture before the Commission showing the rear elevation.
, Commissioner Hedin questioned if there is room for a deck off the backside. Mr. Harris
stated that the patio doors will open up to a patio on ground level; however there would
be no deck on the upper level.
Motion by Greenwald, seconded by Daninger, to recommend to the City Council
approval of Resolution No. R_-Ol, Granting the Special Use Permit request of Dave
Harris for a Planned Unit Development to Develop a Residential Development Consisting
of Eight (8) Townhome Units to be known as the Subdivision of "Devonshire Estates" on
the Property Legally Described on Exhibit A, subject to the Comprehensive Plan
Amendment. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of
Resolution No. R_-Ol, approving the Preliminary Plat of the Planned Unit Development
of "Devonshire Estates" by Dave Harris Located in Section 33, Township 32, Range 24,
Anoka County, Minnesota, Legally Described on Exhibit A, subject to the following
conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested
in the site.
2. Contingent upon the approval of the Compreh.ensive Plan Amendment, Contract
Rezoning, and the Special Use Permit for the Planned Unit Development. If any of
/ these applications or requests fails to be approved, in whole or in part, the preliminary
plat shall be considered null and void.
.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2001
Page 13
3. Park Dedication per Ordinance No. 10, Section 9.07.
4. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
5. The variances or development standards shall become the only listing of variances to
ordinances No.8 and 10 approved on the plat.
6. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney.
7. Materials and colors of the buildings to be approved by the City Council as a part of
the Special Use Permit for the Planned Unit Development.
Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be up for discussion at the September 4, 2001
City Council meeting.
ORDINANCE AMENDMENT (01-03) - TO REVIEW AMENDMENT TO
ORDINANCE NO. 219 - AN ORDINANCE REGULATING AND CONTROLLING
WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN
THE CITY OF ANDOVER.
J Mr. Bednarz explained that there was general consensus at the July 24th meeting that
relaxing the maintenance standards for rural residential properties was appropriate. The
discussion centered around which areas should be required to be mowed and which
should be exempt. The discussion also addressed peripheral effects than an ordinance
amendment may have on agricultural, vacant and public properties. He stated that the
proposed amendment has been revised to reflect his discussion and additional comments
received over the past two weeks. He mentioned that staff also surveyed surrounding
communities to determine how lawn maintenance is regulated in other cities.
Commissioner Hedin questioned if one were to have a ~quare one acre lot with a house in
the middle, could that 1/4 area be the comer of the lot. Mr. Bednarz stated that it could
but it couldn't include the boulevard area.
Commissioner Hedin questioned if someone on a 5-acre lot with a house in the middle of
the lot and sod surrounding the house, would have to mow 13 1/2 feet of width along the
whole front. He also questioned if they would have to mow on one-side 30 feet if either
property is keeping it up. Mr. Bednarz stated that boulevard maintenance is the
responsibility ofthe adjacent property owner as indicated in Ordinance 106.
Commissioner Hedin stated that he is uncomfortable with the neighbor determining how
far he would have to mow under the 30 foot mow strip requirement. Commissioner
Daninger stated that he is uncomfortable with letting his neighbor grow noxious weeds
next to his property.
(js)
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
CC: John Erar, City Administratoy'Y&
J
David Carlberg, Community Development Director
FROM: /"
Courtney Bednarz, City Planne~
SUBJECT: Approve Preliminary Plat/Devonshire Estates - Planning
DATE: September 4,2001
INTRODUCTION
The City Council is asked to approve the preliminary plat for 'Devonshire Estates'. The project
is located at the southeast comer of Crosstown Drive and 138th Avenue NW and contains two-
four unit townhouse buildings. The property is proposed to be rezoned from R-4, Single Family
Urban Residential to M-2 Multiple Dwelling residential.
,
DISCUSSION
Ordinance 10, Section 7 outlines the requirements for preliminary plat review. The Planning
Commission reviews applications in great detail based on the various requirements of this and
other local ordinances.
Planning and Zoning Commission Review
The Planning and Zoning Commission found this proposal to be in compliance with Ordinance
10 and all other applicable local ordinances.
Park and Recreation Commission Review
The Park and Recreation Commission has determined that park dedication was satisfied through
previous land dedications and that no further park dedication may be required at this time.
Utilities
This project will extend water and sewer from Crosstown Drive to the east property line. This
will allow the project to be served by municipal utilities and facilitate future connections by
properties to the east.
Street Plan
There are no streets within the development. The drive entrance will be from 138th Ave NW.
" The homeowner's association will maintain all drive aisles and parking areas within the
j development.
City Council
September 4, 2001
Devonshire Estates
Page 2 of2
The project was reviewed and found to be in compliance with the following City Ordinances:
Ordinance No.8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdivision Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
interest in the site). Initial contact shall be made with the City Engineering Department regarding
this item.
Lighting
Lighting needs to be provided for this development. It is recommended that decorative lights be
added to the front of the garages as well as the front entryways of each unit. A first floor patio
light on the rear of the structure is also desirable for each unit.
Comments by the Andover Review Committee
The variances or development standards for the development shall be approved with the Special
Use Permit for the PUD.
No grading is to commence on the site until such time as the City Council approves and the City
Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting
has been held.
Attachments
Resolution
Attachment A Legal Description
Attachment B Location Map
Attachment C Planning and Zoning Commission Minutes
Note: full size copies of the Preliminary Plat and the Grading, Drainage and Erosion Control
Plan/Tree Protection Plan are included in your packet materials.
ACTION REQUIRED
The Planning and Zoning Commission unanimously recommended approval of the preliminary
plat for "Devonshire Estates".
Cc: Dave Harris, Creekside Homes
CITY OF ANDQVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R -01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT
DEVELOPMENT OF "DEVONSHIRE ESTATES" BY CREKSIDE HOMES LOCATED IN
SECTION 33, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY
DESCRIBED ON EXHIBIT A.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in
the site.
2. Contingent upon the approval ofthe Comprehensive Plan Amendment, Contract
Rezoning and the Special Use Permit for the Planned Unit Development. If anyone of
these applications or requests fails to be approved, in whole or in part, the preliminary
plat shall be considered null and void.
3. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
4. The variances or development standards shall become the only listing of variances to
Ordinances No.8 and 10 approved on the plat and shall be itemized as a part of the
Special Use Permit for this project.
5. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
6. Materials and colors ofthe buildings to be approved by the City Council as a part of the
Special Use Permit for the Planned Unit Development.
Adopted by the City Council of the City of Andover this 4th day of
September ,20~.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk Michael R. Gamache, Mayor
J
/
Exhibit A
Legal Description
All that part ofthe South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning of the tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 65.36 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more orless, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet West from the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
1
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R -01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT
DEVELOPMENT OF "DEVONSHIRE ESTATES" BY CREKSIDE HOMES LOCATED IN
SECTION 33, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY
DESCRIBED ON EXHIBIT A.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in
the site.
2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract
Rezoning and the Special Use Permit for the Planned Unit Development. If anyone of
these applications or requests fails to be approved, in whole or in part, the preliminary
plat shall be considered null and void.
3. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
4. The variances or development standards shall become the only listing of variances to
Ordinances No.8 and 10 approved on the plat and shall be itemized as a part of the
Special Use Permit for this project.
5. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
6. Materials and colors of the buildings to be approved by the City Council as a part of the
Special Use Permit for the Planned Unit Development.
Adopted by the City Council of the City of Andover this 4th day of
September ,20~.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk Michael R. Gamache, Mayor
1
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half ofthe Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning of the tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
/
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half ofthe Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 65.36 feet to the actual point of beginning ofthe tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet West from the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
Devonshire
Rezoning, Special Use Permit, Preliminary Plat
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City of Andover
Planning Departmenf
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2001
Page 10
Motion by Falk, seconded by Hedin, to close the public hearing at 8:04 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Chair Squires suggested that when the Council approve the rezoning request that they
review the plans and specs, since they should be available at that time. Mr. Harris stated
that he has turned them in to the City.
Commissioner Greenwald questioned if there are plans to tear down the Mobil station in
the future. Mr. Bednarz stated that at this time there aren't plans to change the zoning of
the Mobil station, and there are no changes in the comprehensive plan for that particular
site.
Motion by Greenwald, seconded by Daninger, to recommend to the City Council
approval Ordinance No. 8_, an Ordinance Amending Ordinance No.8, Section 6.03,
Zoning District Map of the City of Andover. Motion carried on a 5-ayes, O-nays, 2-absent
(Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be discussed at the September 4,2001 City
Council meeting.
PUBLIC HEARING: SPECIAL USE PERMIT (01-03) FOR PLANNED UNIT
DEVELOPMENT REVIEW OF "DEVONSHIRE ESTATES" LOCATED AT THE
SOUTHEAST CORNER OF CROSSTOWN DRIVE AND H8TH A VENUE NW-
DA VE HARRIS.
PUBLIC HEARING: PRELIMINARY PLAT FOR "DEVONSHIRE ESTATES" (01-
02) FOR PLANNED UNIT DEVELOPMENT REVIEW OF "DEVONSHIRE
ESTATES" LOCATED AT THE SOUTHEAST CORNER OF CROSSTOWN DRIVE
AND H8TH A VENUE NW - DA VE HARRIS.
Mr. Bednarz explained that approval of the Special Use Permit would allow the
development to be constructed according to alternative development standards described
in the staff report. He mentioned that if approved all applicable ordinances would be
required to be met. He stated that the proposed project would reduce the lot size, width
and depth for each lot significantly from the M-2 requirements. This is due to the fact
that the units are attached and will be constructed as four unit buildings. A small property
will be created for each unit. The remainder of the property will be common open space.
It is desirable to maximize the amount of common open space in these types of
developments to allow the homeowners association to maintain them uniformly.
Mr. Bednarz stated that the exterior setbacks are side and rear setbacks only. The
development will meet or exceed the minimum exterior setbacks. The interior setbacks
include front and side setbacks. The distance between building fronts is 64 feet. This is
J divided with 20 feet between each structure and the 24-foot wide drive aisle. The interior
Regular Andover Planning and Zoning Commission Meeting
Minutes -August 14,2001
Page 11
side yard setback is zero feet due to the fact that the units are attached. The foundation
size ofthe units is smaller than recently approved townhouse projects. It's important to
note that the proposed townhouses are two stories with both floors completely finished.
This brings the total finished square footage to 1,379 and 1,528 square feet.
The exterior finishing materials ofthe townhouses will include brick and vinyl siding.
The garage doors will be steel with a raised panel. A decorative louver will be located on
the front garage elevation. Three gables are indicated on the front of the building in an
attempt to break up the roofline. An association will be formed to maintain the exterior
ofthe buildings as well as landscaped and paved areas. The Restrictive Covenants
document will be reviewed as a part of the final plat application.
Mr. Bednarz explained that the Commission is asked to determine whether the proposed
subdivision is in conformity with the Comprehensive Plan, in conformance with the
criteria of the City and the best use ofthe land. He stated that in the staffreport
information is provided for the Commission's review.
Mr. Bednarz stated that the existing land use of the proposed preliminary plat is currently
designed as URL, Urban Residential Low Density. A Comprehensive Plan Amendment
is necessary to change the land use designation to URM, Urban Residential Medium
Density. The proposed preliminary plat is currently zoned R-4, Single Family Urban
Residential. Rezoning of the property by contract to M-2, Multiple Dwelling is
necessary. The proposed plat is currently inside the Metropolitan Urban Service Area and
will be developed with municipal water and sanitary sewer. The proposed subdivision is
to be developed as a Planned Unit Development and consists of 8 townhome units and
common open space. The developer and/or owner are responsible to obtain all necessary
permits. He went on to review the comments made by the Andover Review Committee.
He stated that the Park Commission will evaluate previous land dedications to determine
if park dedication has been satisfied.
Motion by Hedin, seconded by Falk, to open the public hearing on item #7 at 8: 18 p.m.
Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Hedin, seconded by Daninger, to open the public hearing on item #8 at 8:18
p.m. Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
There was no public input.
Motion by Daninger, seconded by Hedin, to close the public hearing on item #7 at 8:19
p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Daninger, seconded by Hedin, to close the public hearing on item #8 at 8:19
p.m. Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 12
,
Commissioner Daninger questioned in the preliminary plat what would divide the Mobil
station from the development. Mr. Harris stated that right now there is the fence and trees
as a border. He stated that they do plan to review this and plant additional trees if
necessary.
Commissioner Daninger stated that planting trees might be to the advantage of Mr.
Harris. Mr. Bednarz agreed, and suggested the Commission include in the motion any
specific recommendations for the landscaping plan.
Mr. Harris stated that Dave Carlberg had mentioned that the landscape plan didn't need to
be presented before the Commission, but would need to be reviewed by the Council on
September 4th. He offered to bring it to the next Planning Commission meeting on the
28th of August.
Chair Squires suggested including it with the plans and specs that would be submitted to
the Council for their approval on the 4th.
Commissioner Daninger questioned what the backside of the homes would look like. Mr.
Bednarz presented a picture before the Commission showing the rear elevation.
Commissioner Hedin questioned if there is room for a deck off the backside. Mr. Harris
stated that the patio doors will open up to a patio on ground level; however there would
be no deck on the upper level.
Motion by Greenwald, seconded by Daninger, to recommend to the City Council
approval of Resolution No. R_-Ol, Granting the Special Use Permit request of Dave
Harris for a Planned Unit Development to Develop a Residential Development Consisting
of Eight (8) Townhome Units to be known as the Subdivision of "Devonshire Estates" on
the Property Legally Described on Exhibit A, subject to the Comprehensive Plan
Amendment. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Greenwald, seconded by Hedin, to recommend to the City Council approval of
Resolution No. R_-Ol, approving the Preliminary Plat of the Planned Unit Development
of "Devonshire Estates" by Dave Harris Located in Section 33, Township 32, Range 24,
Anoka County, Minnesota, Legally Described on Exhibit A, subject to the following
conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested
in the site.
2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract
Rezoning, and the Special Use Permit for the Planned Unit Development. If any of
these applications or requests fails to be approved, in whole or in part, the preliminary
plat shall be considered null and void.
Regular Andover Planning and Zoning Commission Meeting
Minutes -August 14,2001
Page 13
3. Park Dedication per Ordinance No. 10, Section 9.07.
4. Contingent upon staff review and approval for compliance with City ordinances,
policies and guidelines.
5. The variances or development standards shall become the only listing of variances to
ordinances No.8 and 10 approved on the plat.
6. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney.
7. Materials and colors of the buildings to be approved by the City Council as a part of
the Special Use Permit for the Planned Unit Development.
Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be up for discussion at the September 4, 2001
City Council meeting.
ORDINANCE AMENDMENT (01-03) - TO REVIEW AMENDMENT TO
ORDINANCE NO. 219 -AN ORDINANCE REGULATING AND CONTROLLING
WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN
THE CITY OF ANDOVER.
Mr. Bednarz explained that there was general consensus at the July 24th meeting that
relaxing the maintenance standards for rural residential properties was appropriate. The
discussion centered around which areas should be required to be mowed and which
should be exempt. The discussion also addressed peripheral effects than an ordinance
amendment may have on agricultural, vacant and public properties. He stated that the
proposed amendment has been revised to reflect his discussion and additional comments
received over the past two weeks. He mentioned that staff also surveyed surrounding
communities to determine how lawn maintenance is regulated in other cities.
Commissioner Hedin questioned if one were to have a square one acre lot with a house in
the middle, could that 1/4 area be the comer of the lot. Mr. Bednarz stated that it could
but it couldn't include the boulevard area.
Commissioner Hedin questioned if someone on a 5-acre lot with a house in the middle of
the lot and sod surrounding the house, would have to mow 13 1/2 feet of width along the
whole front. He also questioned ifthey would have to mow on one-side 30 feet if either
property is keeping it up. Mr. Bednarz stated that boulevard maintenance is the
responsibility of the adjacent property owner as indicated in Ordinance 106.
Commissioner Hedin stated that he is uncomfortable with the neighbor determining how
far he would have to mow under the 30 foot mow strip requirement. Commissioner
Daninger stated that he is uncomfortable with letting his neighbor grow noxious weeds
next to his property.
@
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City AdministratQr"'X--
.. ,
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Association DocumentslDevonshire Estates - Planning
DATE: September 4, 2001
INTRODUCTION
The City Council is requested to approve the Articles of Incorporation, Bylaws and Declaration
of the Devonshire Townhome Association, Inc. as provided in Ordinance No. 112, Section
4(6)(c)(lO). These documents are located in the front of your packet.
DISCUSSION
Ordinance No. 112, Section 4(6)(c)(10)requires the bylaws and rules of the association and all
covenants and restrictions to be recorded to be approved by the City Council prior to the approval
of the final PUD plan or plat.
Ordinance No. 112, Section 4(6)(c) provides for the creation 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 and Staff.
ACTION REQUIRED
Approve association documents as presented.
R;~
David L. Carlberg
Community Development Director
Cc: Dave Harris
@
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.cJ.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administratoyyt
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Final Landscape PlanlDevonshire Estates PUD - Planning
DATE: September 4, 2001
INTRODUCTION
The City Council is requested to approve the final landscape plan of the planned unit
development of Devonshire Estates. The landscape plan is included in the front of your packet
materials.
DISCUSSION
Ordinance No. 112, Section 4(14), Landscaping, requires landscaping in planned unit
developments to be provided according to a plan approved by the City Council. In assessing the
landscape plan, the City Council shall consider the natural features of the particular site, the
architectural characteristics of the proposed structures and the overall scheme of the PUD.
ACTION REQUIRED
Consider and approve the final landscape plan.
Respectfully submitted,
~./~
David L. Carlberg
Community Development Director
Cc: Dave Harris
@
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
.
CC: John Erar, City Administratory'~
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Final PlatlDevonshire Estates - Planning
DATE: September 4,2001
INTRODUCTION
The City Council is requested to approve the final plat of the planned unit development of
Devonshire Estates.
DISCUSSION
. -' The final plat is found to be in compliance with the preliminary plat.
ACTION REQUIRED
Adopt the attached resolution approving the final plat with conditions.
Respectfully submitted,
~(J/~
David L. Carlberg
Community Development Director
Cc: Dave Harris
/
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 DEVONSHIRE ESTATES AS BEING DEVELOPED BY
DAVE HARRIS IN SECTION 33-32-24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the City Council has approved the preliminary plat of the
Planned Unit Development of Devonshire Estates; and
WHEREAS, the Developer has presented the final plat of Devonshire
Estates; and
WHEREAS, the City Engineer has reviewed such final 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 Devonshire Estates contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
J 2. Security to cover legal, engineering, street sign and installation costs as
determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
determined by the City Engineer or if the site is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. The final plat shall 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. Filing of Articles of Incorporation, Bylaws, Declarations and all other
association documents, and Easements with the Anoka County Recorder.
J
Page Two
Resolution - Final Plat
Devonshire Estates
Dave Harris
September 4, 2001
10. 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 ~ day of September
, 2001.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
/
(jij
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrator,l0
David Carlberg, Community Development Director
FROM: Courtney Bednarz, City Plann~
SUBJECT: Approve Preliminary Plat/Creekside Estates Second Addition - Planning
DATE: September 4,2001
INTRODUCTION
The City Council is asked to approve the preliminary plat for 'Creekside Estates 2nd Addition'.
The project is located on Outlots Band C of the previous Creekside Estates subdivision. This
project contains five residential lots. One of the lots will be occupied by an existing house. The
property is zoned R-4, Single Family Urban Residential.
DISCUSSION
Ordinance 10, Section 7 outlines the requirements for preliminary plat review. The Planning
Commission reviews applications in great detail based on the various requirements of this and
other local ordinances.
Planning and Zoning Commission Review
The Planning and Zoning Commission found this proposal to be in compliance with Ordinance
10 and all other applicable local ordinances.
Park and Recreation Commission Review
The Park and Recreation Commission has determined that park dedication for Outlot Band C
was paid at the time that Creekside Estates was developed. No additional park dedication may be
required as a part of this proposal.
Access
The project will utilize Osage St NW, as it exists, to provide access to Lots 1-4. Lot 5 will
continue to be provided access from Crosstown Boulevard NW. One of the two accesses which
currently exist will be eliminated. The primary access to the existing attached garage will
remam.
-
City Council
September 4, 2001
Creekside Estates 2nd Addition
Page 2 of3
Buildability requirements of Ordinance No. 10 Section 9.06a(1)
All proposed lots will conform to the requirements of the R-4 Zoning District and buildability
requirements. The following table is provided to summarize basic information related to the
proposed lots:
Provided
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5
80 feet 80 feet 80 feet 144 feet 402 feet
434feet 464 feet 493 feet 522 feet 163 feet
35,942 sf 38,267 sf 40,592 sf 74,516 sf 59,003 sf
-
120 feet 150 feet 133 feet 120 feet Existing
Structure
Note: Dimensions measured from shortest distance
Sidewalks and Pedestrian Ways
No sidewalks are proposed as a part of this project. A trail is planned to continue south along
both sides of Crosstown Boulevard to South Coon Creek Drive. This project is included in the
five year Capital Improvements Program and at this point will be entirely funded by the City.
Sufficient funds are not available to construct the project at this time.
Natural Features
The proposed project has a limited construction area adjacent to Osage St NW to protect the
existing trees and vegetation within the flood plain of Coon Creek. Significant trees have been
identified on the project site and will be enclosed by protective fencing as indicated on the Tree
Protection Plan and required by the Tree Preservation Policy. Staffwill inspect the site during
construction to ensure accurate placement and maintenance of active fencing.
Coordination with other Agencies
The developer and/or owner is responsible to obtain all necessary permits (Minnesota
Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed
District, Minnesota Pollution Control Agency, LGU and any other agency that may have an
J interest in the site). Initial contact shall be made with the City Engineering Department
regarding this item.
City Council
September 4, 2001
Creekside Estates 2nd Addition
Page 3 of3
The project was reviewed and found to be in compliance with the following ordinances:
Ordinance No.8, the Zoning Ordinance
Ordinance No. 10, the Platting and Subdivision Ordinance
Ordinance No. 108, Flood Plain Management Ordinance
Ordinance No. 114, Wetland Buffer Ordinance
Ordinance No. 214, Diseased Shade Tree Ord. & Tree Preservation Policy
Attachments
Resolution
Attachment A Location Map
Attachment B Preliminary Plat (full size copy included in packets)
Attachment C Grading Plan (full size copy included in packets)
Attachment D Tree Preservation Plan (full size copy included in packets)
Attachment E Planning and Zoning Commission Minutes
RECOMMENDATION
, The Planning and Zoning Commission unanimously recommended approval of the preliminary
plat for "Creekside Estates 2nd Addition".
1iiZ
Cc: Bob Day, Taylor Made Homes
I
-
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CREEKSIDE ESTATES
SECOND ADDITION BY TAYLOR MADE HOMES LOCATED IN SECTION 27,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY AS FOLLOWS:
Outlot B and Outlot C, CREEKSIDE ESTATES, according to the recorded plat thereof,
Anoka County, Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zonin~
Commission has conducted a public hearing on said plat; and
I WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval ofthe plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be
interested in the site.
Adopted by the City Council of the City of Andover this 4th day of
September , _2001__.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
\
1 Victoria Volk, City Clerk
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I .L
Regular Andover Planning and Zoning Commission Meeting
Minutes-August 14,2001
Page 6
Motion by Hedin, seconded by Daninger, to close the public hearing at 7:36 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Motion by Hedin, seconded by Falk, to recommend to the City Council approval of
Special Use Permit request of Minnesota Petroleum Service Inc. to install a 10,000 gallon
below ground Heating Oil Storage Tank in accordance with Ordinance No.8, Section
4.26 on the property located at 14800 Crosstown Boulevard NW and Andover High
School, subject to the following conditions:
1. The applicant obtain all required permits necessary for the installation of the fuel tank
and piping connections to boilers and other fuel burning apparatus, including Building
and Fire Department review and issuance of building permit.
2. The proposed installation work shall comply with all applicable Federal, State and
Local fire and building codes regulating the storage of fuel.
3. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
Motion carried in as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
, Mr. McKay stated that this item would be discussed at the September 4,2001 City
Council meeting.
CREEKSIDE ESTATES 2ND ADDITION PRELIMINARY PLAT - TO REVIEW
SUBDIVISION OF PROEPRTY LOCATED AT 14440 CROSSTOWN BLVD NW TO
CREATE FIVE RESIDENTIAL LOTS - TAYLOR MADE HOMES.
Mr. Bednarz explained that the Commission is being asked to review the preliminary plat
application for the project to be known as 'Creekside Estates 2nd Addition'. He stated
that the project is located on Outlots B and C ofthe previous Creekside Estates
subdivision on the west side of Crosstown Blvd. south of Coon Creek. He mentioned
that the project contains five residential lots and an existing house would occupy one of
those lots.
The Developer Robert Day presented a brief overview of the project.
Commissioner Hedin questioned where the 5th home would be located. Mr. Day
explained that the 5th home would be the existing home located off of Crosstown Blvd.
NW.
Motion by Hedin, seconded by Falk, to open the public hearing at 7:41 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
I
There was no public input.
Regular Andover Planning and Zoning Commission Meeting
Minutes - August 14, 2001
Page 7
Motion by Hedin, seconded by Greenwald, to close the public hearing at 7:41 p.m.
Motion carried on as-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Commissioner Daninger questioned if the issue the Commission previously had with the
access. Mr. Day explained that they would vacate one access to Crosstown Blvd. NW.
Commissioner Daninger questioned if the four new accesses would be onto Osage Street.
Chair Squires stated that that is correct.
Motion by Falk, seconded by Greenwald, to recommend to the City Council approval of
Resolution No. _, approving the Preliminary Plat of Creekside Estates 2nd Addition by
Taylor Made Homes Located in Section 27, Township 32, Range 24, Anoka County,
Minnesota. Motion carried on a 5-ayes, O-nays, 2-absent (Kirchoff and Dalien) vote.
Mr. Bednarz stated that this item would be up for discussion at the September 4,2001
City Council meeting.
PUBLIC HEARING: REZONING (01-02) - TO CHANGE THE ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER
, OF CROSSTOWN DRIVE AND H8TH AVE. NW FROM R-4 SINGLE FAMILY
\ J
URBAN RESIDENTIAL TO M-2 MULITIPLE DWELLING - FOR THE PROPERTY
TO BE KNOWN AS 'DEVONSHIRE ESTATES' - DAVE HARRIS.
Mr. Bednarz explained that the Commission is being asked to review and hold a public
hearing on the rezoning request of Dave Harris to rezone the property located at the
southeast comer of 13 8th Avenue NW and Crosstown Drive for the proposed townhouse
development to be known as 'Devonshire Estates'. He stated that the current zoning of
the property is R-4, Single Family Urban Residential. He stated that this district doesn't
permit townhouses. A rezoning to M-2, Multiple Dwelling is requested. All rezonings to
multiple family, commercial, and/or industrial districts require a contract rezoning.
It is important to note that a Comprehensive Plan Amendment is also required to change
the land use designation from Single Family Urban Residential to Urban Residential
Medium Density. A public notice for this item to hold a public hearing before the
Commission has been prepare and will be reviewed at the August 28th meeting. The
Comprehensive Plan Amendment, Rezoning, Special Use Permit, and Preliminary Plat
will be reviewed at the September 4th City Council meeting.
Mr. Bednarz mentioned that the zoning would be a contract rezoning. The purpose for
the contract is to formalize development standards to ensure consistency and
compatibility with surrounding neighborhoods. He stated that attached in the staff report
, is a draft contract for the Commission's review. He reviewed the standards that would be
required to be part of the contract.
@
) CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
,,'
CC: John Erar, City Administrator-j<./
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Final Plat/Creekside Estates Second Addition - Planning
DATE: September 4,2001
INTRODUCTION
The City Council is requested to approve the final plat of Creekside Estates Second addition.
DISCUSSION
The final plat is found to be in compliance with the preliminary plat.
ACTION REQUIRED
Adopt the attached resolution approving the final plat with conditions.
Respectfully submitted,
~//~
David L. Carlberg
Community Development Director
Cc: Taylor Made Homes
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -01
MOTION by Councilmember seconded by Council member
to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF CREEKSIDE ESTATES
SECOND ADDITION AS BEING DEVELOPED BY TAYLOR MADE HOMES
LOCATED IN SECTION 27-32-24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the City Council has approved the preliminary plat of
Creekside Estates Second Addition; and
WHEREAS, the Developer has presented the final plat of Creekside
Estates Second Addition; and
WHEREAS, the City Engineer has reviewed such final 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 Creekside Estates Second Addition
contingent upon receipt of the following:
1. The City Attorney presenting a favorable opinion.
I 2. Security to cover legal, engineering, street sign and installation costs as
determined by the City Engineer.
3. The developer escrow for the uncompleted grading of the site which is to be
determined by the City Engineer or if the site is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. The final plat shall 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.
Page Two
Resolution - Final Plat
Creekside Estates Second Addition
Taylor Made Homes
September 4, 2001
Adopted by the City Council of the City of Andover this ~ day of September
,2001.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
,
@
j
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: John Erar, City Administrato(/..J(:/
1
FROM: Jim Dickinson, Finance Director
SUBJECT: Approve Preliminary 2002 Budget/Certification to State and County
DATE: September 4,2001
INTRODUCTION
Each year the City Council is required by state law to approve a preliminary budget and submit a
preliminary levy certification to Anoka County Property Records and Taxation Division by
September 15th.
J DISCUSSION
The Preliminary 2002 Budget and Preliminary Levy certification are the outcomes ofthe budget
workshop held on August 28, 2001. The Preliminary 2002 Budget proposes a total property tax
levy of $5,626,477 of which, $4,891,857 is subject to the state imposed levy limitation of
$4,998,643 and $734,620 is classified as a special levy for the payment of debt and payment of
bonds of another local unit of government. In summary the proposed levy is $106,786 below
the state imposed levy limit and the Council has the right to reduce or keep constant this levy
until the final certification date of December 28, 2001.
Also discussed at the budget workshop, due to changes in legislative requirements, was whether
or not the Council would want to hold a Truth in Taxation meeting. The consensus at that
meeting was not to hold a Truth in Taxation meeting, but for City Staff to hold resident
informational meeting pertaining to the 2002 Proposed Operating Budget and Proposed Tax Levy
and to continue to utilize the newsletter to keep the residents informed. A date for the resident
informational meeting has been scheduled for 7:00 pm Thursday, September 13, 2001 in the City
Council Chambers. This date has been included in the September City Newsletter, will be on
public TV, and in the local paper.
BUDGET IMPACT
This is the first step in establishing an operating budget for 2002.
Mayor and Council Members
September 4, 2001
Page 2 of2
ACTION REQUIRED
The Andover City Council is requested to approve the attached resolution that indicates a total
preliminary levy of $5,626,477 to be submitted to the Anoka County Property Records and
Taxation Division by September 15th and establishes the 2002 Preliminary General Fund Budget.
The Council is also requested to approve a resident informational meeting pertaining to the 2002
Proposed Operating Budget and Proposed Tax Levy at 7:00 pm Thursday, September 13, 2001 in
the City Council Chambers.
/
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION ADOPTING THE CITY OF ANDOVER 2002 PROPOSED PROPERTY TAX LEVY TO BE
CERTIFIED TO THE COUNTY AUDITOR.
WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and
WHEREAS, the City of Andover receives significant financial support from its residents through the payment
of property taxes; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's
funds; and
WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and
budget prior to September 15,2001.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the
proposed 2002 property tax levy totaling $5,626,477 as listed on Attachment A.
BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the
preliminary General Fund budget as follows:
REVENUES EXPENDITURES
Property Taxes $ 4,271,900 General Government $ 2,347,538
License and Permits 910,640 Public Safety 2,380,547
Intergovernmental Revenue 622,209 Public Works 2,203,087
Charges for Current Services 442,590 Other 46.089
Fines and Forfeits 78,000
Miscellaneous Revenue 409,500
Transfers 242.422
Total $ 6.977.261 Total $ 6.977.261
Adopted by the City of Andover this 4th day of September 2001.
CITY OF ANDOVER
ArrEST: Michael R. Gamache - Mayor
Victoria Volk - City Clerk
I Attachment A I
City of Andover, Minnesota
2002 Proposed Property Tax Levy
I 2002 Proposed I
General Fund Levy 4,157,891
Debt Lew
Debt Service Funds
1991 Fire Bond 0
1999 G.O. Equip Cert. 291,703
2001 G.O. Equip Cert. 259,978
Total Debt Service 551,681
Other Levies
Fire Relief 43,750
Capital Projects
Capital EquipmenUProjects 200,000
Parks Projects 50,000
Road & Bridge 597,396
Lower Rum River Watershed 25,759
Gross City Levy 5,626,477
STATE OF MINNESOTA)
,
COUNTY OF ANOKA )
CITY OF ANDOVER )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do
hereby certify that I have carefully compared the attached Resolution No. adopting the 2002
Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same
to be true and correct transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 4th day of September 2001.
Victoria Volk - City Clerk
, .
/
@
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
CC: John Erar, City Administrato~
FROM: Jim Dickinson, Finance Director
SUBJECT: Approve Letter of Credit Reduction /Development Improvements/Project #97-26/
Hamilton Square
DATE: September 4,2001
INTRODUCTION
/ The City was requested by Edward and Lara Hamilton to reduce letter of credit #98-40 for
developer improvements related to the Hamilton Square commercial development, City Project #
97-26 by $9,891.00.
DISCUSSION
The Finance Department has reviewed the request by the Hamiltons and concurs that a letter of
credit reduction of $5,875 for developer improvements related to the Hamilton Square
commercial development is appropriate. The recommended reduction is based on criteria
established by the City Council at the April 17, 2001 meeting, which is attached. The
recommended reduction is based on the 35 % of outstanding principal on special assessments of
$41,825. The current letter of credit held is $47,700.
The additional letter of credit reduction requested by Mr. Hamilton of $4,0 16 is not
recommended by the Finance Department and would be at the discretion ofthe City Council.
BUDGET IMP ACT
The budget is not impacted by this letter of credit reduction.
,
Mayor and Council Members
September 4, 2001
Page 2 of2
ACTION REOUIRED
The Andover City Council is requested to approve the reduction of letter of credit #98-40 in
favor of the City of Andover provided by the First National Bank of Elk River on behalf of
Edward & Lara Hamilton. The recommended reduction is a $5,875 decrease to a new balance of
$41,825.00. An additional reduction of $4,016 is requested by the developer and is at the
discretion of the Council. If the additional request were granted the new balance of the letter of
credit would be $37,809.00
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE: Aoril17. 2001
AGENDA SECTION ORIGINATING DEPARTMENT
Consent
Finance
Jim Dickinson
ITEM NO.
Approve Update on Hamilton Square
ReQuest:
Approve the proposed language to the Hamilton Square Development Contract subject to final review by
the City Attorney.
Development Contract language proposed to be modified:
"2. Security, levy of Special Assessments and Required Payment Therefor.
Prior to the preparation of final plans and specifications for the construction of said improvements, the Developer shall
provide to the City a cash escrow or letter of credit in the amount equal to fifteen (15%) percent of the total estimated cost of
said improvements as established by the City Engineer. Said cash escrow, including accrued interest thereon, or letter of
credit, may be used by the City upon default by the Developer in the payment of special assessments pursuant hereto, whether
accelerated or otherwise. That such cash escrow or letter of credit shall remain in full force and effect throughout the term of
the special assessments, except, the amount of such escrow or letter of credit may be reduced, upon the request of the
, J Developer, at the City's option, but in Hll event shall not be less than the total of the outstanding special assessments against
all properties within the development. The City will reserve the right to decrease each commercial
sllbdivisiaH's/development's security agreement reauirements on a case bv case basis with compliance with all of the
following terms:
1. The special assessments levied have received significant payments (no less than 65%) to date of reduction reauest.
2. No historv of delinauent special assessment or real estate payments on the property since the construction of the
improvements.
3. The proposed reduction will result in the Outstanding Letter of Credit being not less than 35% of the outstanding principal
on the special assessments.
4. The developer has provided written documentation that there are no other encumbrances on the improved property
referenced in the Letter of Credit."
Backeround:
The Andover City Council approved the reduction of letter of credit #98-40 to $47,700 in favor of the
City of Andover provided by First National Bank of Elk River on behalf of Edward and Lara Hamilton.
The reduction resulted in an $11,400 decrease. The Council also directed staff to modify the language in
the City of Andover basic development contract to allow the Council the ability to handle letter of credit
reduction requests on a case-by-case basis.
Oril!:inal Staff Recommendation:
A request was made by the Hamiltons to reduce the letter of credit for development improvements of
) Hamilton Square. Staff reviewed the request and has concluded that the request does not meet the
85% rule and does not recommend a reduction. Currently only approximately 75% of the assessment
is paid.
C~3)
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: Strategic Planning - Council Workshop Outcomes
DATE: September 4,2001
INTRODUCTION
At a Council workshop held on June 13, 2001, Council held a strategic planning session to
discuss, affirm and/or amend internal and external goals that were previously discussed on March
8, 1999. Similarly, Council discussed the need to meet at a future date relative to adopting a City
Mission Statement and Values Statement. This staff report summarizes the outcomes of the
workshop with respect to the discussions held and identifies additional actions Council may wish
to take with regards to strategic planning issues.
DISCUSSION
illGHEST PRIORITY EXTERNAL GOALS
Goal # 1 To Prudently Manage the City's Growth
Status . Through the continued development and implementation of the Development
Policy Guideline limiting the amount of urban development to come on line each
year, the City has effectively managed growth.
. Efforts are continually being made to improve communication and convey to
prospective developers the City's development policy guidelines and associated
development time frames. A good example of this is the 2002/2003 property
owner/developer meeting on April 30, 200!.
. The completion and acceptance of the 2020 Comprehensive Plan will be an
important growth management tool for City policy makers.
. Continued review of existing policies to ensure appropriateness with changing
development dynamics.
Workshop Council identified the following additional issues
Comments a) Provide adequate staffing levels to maintain the City's physical infrastructure
b) Preserve, maintain and create additional environmental resources
c) Transportation Planning - (Begin the process) Council has approved moving
forward with an RFP that will be brought back for specific Council approval.
d) Focus on Life-Cycle Housing opportunities within the community.
,
Goal #2 To Enhance Communication with the Public
Status . The City uses a number of different communication channels including a monthly
newsletter, City website and public access channel.
. City staff will be exploring ways to enhance the City's website over the next
several months. For example, adding forms, handouts and other miscellaneous
customer information.
. To promote effective Customer Service policies through employee training and
continued educational opportunities
. To improve multi-media presentation capabilities and voice transmission quality
within the Council Chambers.
Workshop Action Item: Council indicated a desire to look at new ideas for public communications. A
Comments sub-committee would be formed and include Mayor Gamache and CM Jacobson. Staff
support for this effort is proposed to include City Clerk Vicki Volk and Engineering
Secretary/Newsletter Coordinator Rhonda Anderson.
Goal #3 To Develop and Update the City's Capital Improvement Program
Status The City is currently working to produce a Five Year Capital Plan that will identify
proposed capital projects for each of the next five years. Completion ofthis goal should be
achieved by November of this year. A draft plan will be submitted to Council for review
and approval.
Workshop In progress. A draft CIP will be presented to Council in late October-early November
Comments
Goal #4 To Broaden the City's Tax Base Through Increased Industrial and Commercial
Development
Status . The development of Andover Station and the continued marketing of the area has
produced new commercial business including, The Courtyards of Andover, 1st
Regions Bank, Pine Ridge Pet Care Center, Northwest Commercial
Office/Warehouse Building and a number of other office/warehouse building
south of the Andover Cinema.
. The acquisition of Anoka Auto Wrecking on the north side of Bunker Lake
Boulevard marks the removal of the last of eight recycling yards in the City.
. The future development of the area north of Bunker and west of Hanson Boulevard
will continue to broaden the City's tax base.
Workshop Andover Station Purchase Agreement with United Properties has been agreed upon by the
Comments EDA. United Property has indicated their willingness to sign the document. Target dates
have been set, development should occur along agreed upon time lines.
Goal #5 To Develop a Long-Term Transportation Plan
Status Additional discussion will need to occur regarding this item. The backbone of the city's
transportation system is the County highway system. The county does have a long range
study/plan for their system. The parameters of a city transportation plan will need to be
identified in order to move forward with this study/plan.
The process of developing a long-term transportation plan is generally conducted through a
separate review process involving Council and appropriate staff. It may include the use of
a facilitator, and professional consultants to develop an initial draft plan. Scheduling
, public information meetings with the community to receive feedback on recommended
transportation components would be required. As road expansions and long-term route
designations will have implications to City residents, it would be appropriate to include
residents in the process.
Workshop See Goal #1 Comments
Comments
Goal #6 To Effectively Balance the Services that the City Provides with Available Resources
Status . The City will be looking for opportunities to implement user fees for services that
generally benefit a specific or limited segment of the City's residential/customer
base. It is generally held by most municipalities that services provided and
received by a select group ofuserslcustomers should not be underwritten through
the general tax levy.
. Implementing a new budgeting model in the development of the 2002 Budget
leading to greater participation and recognition of service costs. The budget model
will continue to migrate to cost center accounting practices to more fully recognize
specific service related costs.
. Adoption of formal Financial Policies
. The development of a five year Capital Improvement Plan will identify both
sources and uses of project funding. Prioritization of projects will be a critical
element in project scheduling.
. The introduction of a separate Capital Project Levy to fund capital outlays and to
build a capital reserve fund to avoid levy spikes and ensure a consistent, and
J specifically earmarked revenue source.
. To promote the use of technology to increase staff efficiency and reduce
unnecessary labor intensive costs.
. To look at opportunities to realign and restructure the organization to streamline
unnecessary duplication, reduce overly bureaucratic procedures and improve
interdepartmental communications.
Workshop Council had the following comments:
Comments a) Water Treatment Plant - Planning for this facility is moving forward. An RFP has
been transmitted to potential firms. A staff report was prepared for Council and
identified the process the City would use in appointing a qualified firm. Issues
under review include the type of plant system that Andover would use. Eminent
Domain acquisition has been initiated. A rate study supporting the issuance of
G.O. Revenue Bonds is in process.
b) Address issues associated with an Aging Housing Stock - Further direction from
Council on potential programming will be necessary.
c) Increased Demands for Recreational Services - A community survey is in the
process of being prepared to measure the level of citizen satisfaction with
community recreational services.
OTHER GOALS AS IDENTIFIED BY COUNCIL
Organizational
Workshop a) Roles and Relationships of City Commissions
, Comments b) Provide Efficient and Effective City Services
,
Planning
Workshop a) Retention of Commercial Base
Comments b Lon Ran e Vision for Recreation in the Communi
Legislative Challenges
Workshop a) Increased Contact with State/County and School Representatives
Comments b Define the Council's Le islative Goals; What does Council want to achieve...
HIGHEST PRIORITY INTERNAL GOALS
Goal #1 The need to im rove communication between the Council and staff
Status . Keeping communication lines open and consistent have been facilitated
through the use of weekly Management Reports.
. The introduction of a new standardized memorandum format for Council
agenda should also provide Council with a more efficient way of reading
staff reports.
. Scheduling an Annual Goal-setting Workshop with Council will afford
additional opportunities to share ideas, thoughts and concerns.
. Adopting policies that articulate specific communication protocols between
Council, the administrator and Cit de artments
Workshop a) Weekly Management Reports provide Council with a comprehensive
Comments summary of City department activities
b) New standardized staff report format is in place
c) A Council Goal-Setting Workshop has been scheduled for Saturday,
September 22,2001.
d) Council has adopted several new policies on communication protocols.
Policies have been distributed city-wide.
Goal #2 The need to recruit, retain and develo hi ualit em 10 ees
Status Management practices, policies and programs will be updated and refined to
promote the retention of existing staff, the recruitment of high quality candidates
and the continued development of staff in the areas of building skills and leadership
through training, education and professional development opportunities.
With the addition of a Human Resources Manager, the City will be in a better
position to effectuate changes in support ofthese key objectives.
As the City continues to grow in terms of complexity, service population and work-
load, employee performance programs will need to be implemented; customer
service policies will need to be decentralized; and compensation and benefit
packages will need to be enhanced to ensure competitiveness with similarly sized
communities to attract and retain talented, hi ualit staff.
Workshop Efforts will continue to be made in these key areas. The appointment of a HR
Comments Manager as identified and discussed at the workshop was approved by Council on
August 6, 2001.
/ The Pro osed 2002 Bud
performance program and continued funding for employee appreciation activities.
Goal #3 The need to establish rules that will result in more efficient Council meetings.
Status With respect to Council procedures, I would like to explore the adoption of Council
By-Laws that address the following issues: 1) Citizen Participation policies; 2)
Revise the Council Agenda to better define and categorize Council agenda items; 3)
Identify and clarify Council procedures with respect to gaining efficiency and
economy in the discussion of agenda business items; and 4) Promote the
enforcement of rules of order that allow the presiding officer (Mayor) to more
effectively move business items to closure and voting. If Council concurs with this
concept, my office will draft the necessary provisions for Council review and
adoption.
Workshop A meeting was held with Mayor Gamache to discuss potential changes in Council
Comments procedures and agenda format. Council adopted Citizen Participation policies.
Goal #4 The need to provide a positive work environment for City staff
Status Feedback from City departments suggest that a positive work environment currently
exists. Promoting participation, teamwork and professional standards of conduct
will continue to support this objective.
Workshop A staff team-building session has been scheduled to discuss team management
Comments concepts, improve communications, better define managerial expectations and
identify ways to build stronger working relationships.
Goal #5 The need to more effectively utilize the resources of the City's Commissions and
advisory committees.
Status Continue to hold joint meetings with City commissions; promote training and
educational opportunities for appointed members of City commissions; Adopt
policies that clarify how Council will receive, interpret and act on recommendations
from City commissions, advisory committees and City staff.
While the very nature of advisory commissions and committee are to assist Council
in the decision-making process by studying specific issues and providing "advisory"
recommendations to Council, Council should clearly communicate its prerogative
in policy matters in a manner that is constructive, supportive and encouraging to its
advisory commissions/committees, yet assures that Council, as the elected body,
reserves its rights to make independent decisions.
Meeting with each commission is an important tool in clarifying expectations and
keeping communication lines open. Prefacing Council actions that may be contrary
to commission/committee recommendations with specific reasons or facts would be
helpful to promote respectful and non-adversarial working relationships.
Look at scheduling an annual City Commission appreciation dinner to recognize
volunteers who give oftheir time and talents.
Workshop Funding is provided in the Proposed 2002 Budget to allow for additional
Comments educational opportunities for City Commission appointees. The development of
policies to more clearly describe commission roles and responsibilities will be
addressed over the next several months and will be brought back to Council for
workshop review.
Funding for an annual Commission appreciation dinner did not make the final
prioritization list for the proposed 2002 Budget. Council may wish to elevate this to
higher priority for contingency funding in 2002.
Other MissionlValue Statements (Attachment G)
Goals
In addition to a discussion of high priority external/internal goals, Council is
respectfully requested to review, discuss and select one of the Proposed Mission
Statements or, in the absence of consensus regarding one of the existing statements,
develop a different City Mission Statement. The use of an approved mission
statement would create a unifying vision for the City and could be incorporated in a
variety of communication materials such as City letterhead, newsletter, public
programming on cable television etc.
With respect to the value statements articulated under Attachment G, Council
review, modifications, if any, and approval of these statements are requested. With
I Council approval, the City would then use these statements to promote municipal
service themes with the general public. The development of brochures that would
be available at department service counters, institutionalizing service values within
the organization through employee training curriculums and the placement of this
information on the City's website would allow the City to promote its commitment
to exceptional public services.
Council Approval of a City Mission Statement
. The opportunity to develop a City Mission Statement could be addressed
through the hiring of a professional facilitator.
Council Approval a Values Statement for the City
. The opportunity to develop a Values Statement could be addressed using a
professional facilitator and combined with the development of a City
Mission Statement.
ACTION REOUIRED
Council consideration is respectfully requested in the following areas.
1) As discussed at the Council workshop, the list of challenges/opportunities facing the City
has been modified in accordance with these discussions.
2) Approve the list of Highest Priority External Goals, with the additional items as discussed
by Council.
3) Approve the list of Highest Priority Internal Goals, with the additional items as discussed
by Council.
4) Provide staff with direction regarding the need for a facilitated planning session leading
to the development of a City Mission Statement and Values Statement for the City. In
addition, a facilitated session could address issues relating to
a. Define Council legislative goals.
b. Develop a better vision of what Council expects of City advisory commissions in
terms of roles , relationships, communications and mission.
c. Other action items as described in this report that require additional Council
direction or attention.
Respe~tfully Subjitted,
//t~
ohn Erar
I
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G~4)
,
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.Cl.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Schedule a Joint City Council Meeting - Coon Rapids
DATE: September 4, 2001
INTRODUCTION
The City of Coon Rapids has indicated an interest in holding a joint City Council meeting with Andover
to discuss issues of common interest to both communities.
DISCUSSION
I have had the opportunity to discuss some preliminary arrangements with Coon Rapids City Manager
- . Jerry Splinter for this meeting. Preferred tentative dates include Thursday, September 27; Thursday,
October 11; or Thursday, October 25. As Coon Rapids extended the initial offer to meet, their City has
graciously offered to host and underwrite the cost of dinner at the Seasons Restaurant, beginning with a
6:00 p.m. half-hour social and dinner at 6:30 p.m. The meeting would conclude at 8:30/9:00 p.m.
depending upon meeting topics and discussion.
Items for meeting discussion could include community development (Yamaha Rezoning), legislative
fiscal impacts, transportation (Hanson Blvd), schools, Anoka County Aquatic Expansion plans and other
issues of mutual community interest.
BUDGET IMPACT (if applicable)
None. The City of Coon Rapids will underwrite the meeting expense, with the caveat that the next
meeting be hosted by the City of Andover.
ACTION REOUIRED
Consider scheduling a joint City Council meeting with the City of Coon Rapids and identify two (2)
preferred dates for the meeting as identified above. Prior to the meeting, my office will contact individual
Council members for any particular or general issues to be placed on a joint meeting agenda.
Respes:tfu~y submitted,
.~
~.I, .I./ ,- '
-7" . ~- :&-.~
/ ", .'L=-..
John Erar
/
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00G~N~ W
DATE September 4. 2001 l\f ~
ITEMS GIVEN TO THE CITY COUNCIL
. Ord. No. 250A
. Ord. No. 258A
. Association Documents - Devonshire Estates (Item #16)
. Preliminary Plat - Creekside Estates 2nd Addition
. Final Plat - Creekside Estates 2nd Addition
. Final Landscape Plan - Devonshire Estates
. Preliminary Plat - Devonshire Estates
. Final Plat - Devonshire Estates
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
G:\DA TA\ST AFFlRHONDAAIAGENDA\CCLlST.DOC
MU9-"::~-U.1. .1.':.1.0 P.02
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ARTICLES OF INCORPORATION
OF
DEVONSHIRE TOWNI-IOME ASSOCIATION, INC.
.'
The undersigned incorporatur, heing a natural person of full age, in urder to form a non-
profit corporation under Minnesota Statulcs Chapter 317A, has this day voluntarily
formed a corporation not for profit and does hereby certify:
ARTICLE I
NAME AND REGISTERED OFFICE
1.1 NAME. The name' of this corporation shull be DEVONSI!IRE TOWNIIOMlJ
ASSOCIATION, INC.
1,2 REGISTER ED OFFICE. The rcgistercd office of the Association is located at 241
Jackson Street. Anoka, MN 55303.
^RTlCLE II
.tlfRPOSE AND POWERS OF TilE ASSOCIATION
This Assuciatioll does not cOlltempl,lte pecuniary g:lin or profit to the members thercot~
and the specilic purposcs for which it is timm:d arc lo provide for maintenance,
preservation and architectural control ufthc rC$idcnti31 Lots and Common Area within
that certain trdct of property dcscribed as:
LOlS Ithru 9,l31ock ) of the pIal of DEVONSHlRE ESTATES, Anoka County,
Minnesota.
and to promote and health. safety and welfare of the residents within the above described
propcrty and any additions thcreto as may hereafter be brought within the jurisdiction of
this Association for this purpose and for such purpose this Association shall have thl:
authority to:
(3) Exercise all oflhe powers and privileges and to pcrlorm all orthe duties and
obligations Ilf th~ Association as setlilrth ill that c~rlain Declaration for l)~vl)lIshirc
Townhomes, Common Inlercst Communily Number 92, hcreinaftcr called the
"Declaration". applicable 10 Ihc property and recorded or to be rceorded in thc Office
of Ihe Anoka Cllunty, Minnesota County Recorder and thc Bylaws of the Association
and as the same may be amended from lime (0 time as therein provided, s,lid
Declaration being incorporated therein as if sot forth at length.
(b) Fix, levy, collect llnd enforce payment by any lawful means, all charges or
aSSCS$lTIents pursuant 10 the terms of the Declaration; to pay a11 charges or
assessments pursuant to the tenm of the Declarutilln; to pay all expenses in
AliI"'; ?q ?VlVl1 1?: T~ n......,....,-- t"'lo"""l
~ug-":l::#-U~ ~,:~:> P.03
.
connection therewith and all office and olher expenses incident to the conduct ofthe
business of the Association including all licenses, taxes or governmental charges
levied or imposed against the property oflhe Association;
(c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operato,
maintain, convey, sell lease, tr..lIlst'er, dedicate lilT public use or otherwise dispose or
real or personal property in connection with the affairs of the Association;
(d) Borrow money, and with the consent of67% of the membcrs, mortgage, pledge, deed
in trust, or hypothecate any or all of its real or personal prOperly as security for money
borrowed or debts incurred;
(e) Dedicate, sell or tmnsfer all or any part onhe Common Area to any municipality,
public authority. or utility lor such purposes and subject to such conditions as may be
agreed to by the lllembers as permiUed hy the Declaration and Minnesota Statutes
Chaptcr 515.L3.
(f) Participate ill mergers nnd consolidations with other nonprofit corporalions orgalli:r.cd
for the samc purposes or annex additional residential property and Comlllon ^rca as
permitted by the Declaration and Minnesota Statutes Chapter 515.R.
(g) 1 lave and exercise any and all powers, rights and privileges, which may be authorized
by Minnesota Statutes Chapter 5 I 5.13.
ARTICLE IV
MEMBERSHIP
Membership and membership rights in the Association shall be as ddined in the
Dedaration and in the Bylaws of this Association.
ARTICLE V
VOTING
Voting rights in this Association shall be as dclilll:d in the Declaration and the Bylaws uf'
this Association.
ARTICLE VI
HOARD OF DIRECTORS
At all times aner the election and qualitication of successors to the interim Roan.! or
Directors, the affairs of this Association shall bc managed by a Board of Directors.
Number, qualification. torm of oftice, manner of election and powers and duties 0(" the
Directors shall be as specified in the Bylaws of the Association. Except as otherwise
provided in the Declaration. 13ylaws or hy law, nil powers orthe Association shall be
exercised by its Directors.
Until such time as the Board of Directors shall be elected by members according to the
provisions contained in the Rylaws, and shall have qualified, the a/Tail'S of the
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Association shall be governed by an Interim Hoard of Din:ctors, who Ilecd not be
members of the Association, composed one of the two pcrsons:
David O. I ~arris, 241 Jackson St., Anoka. MN 55303
Rundi I.. Erickson, 241 Jacksoll St., Annka, MN 55303
Excepl as olherwise provided, the Interim 130ard of Directors shall have the same powcrs
and duties enumemted in these Aliic1cs and in the Bylaws l'or the elected Board of
tJirectors until sueh timc as lhc succcssor the Inlcrim Board or Directors shull have been
elected by the members, and shall havc qualilied vacancies lor any reason in the interim
l30ard of Directors shall be filled hy appointment made hy the remaining members oftJle
Intcrim Board of Direclors.
ARTICLE Vll
PERSONAL UABILlTY
The members. directors or otlicers of this corporation shall have no personalliabilily for .
the corporation obligalions.
ARTleLl': VIII
DJSSOI.l)TION
The Assm.:iation llIay be dissolved with the consent given in writing and signcd by not
less than 80% or the members. Upon dissolution of the Association, olher than incident
to a merger ur cOllsolidation, the assets of lhe Assm.:ialilln shall be dcdicatcdtll WI
appropriate public agcncy to be used for purposes similar tll those /()r which this
Association was created. In the event that such dedication is refused acceptance, such
assets shall be granted, convcycd and assigned to any nonprofil corporation, associalion,
trust or other organi1Ution to be devoted to such similar purposes.
ARTICLE IX
DURATION
The corpunttion !'hall exist perpetually.
ARTICLE X
HYLA WS
The B(lllrd uf Dircctors of the Association shall adopt such Bylaws as are suilable lor the
proper regulation of the Association's aHiiirs, and such Bylaws shall be in rullloree and
onCet unless amended as provided for therein.
RUG 29 2001 17:34 por;i= Vl4
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ARTICLE XI
AMENDMENTS
Amcndll1~nt orthcsc Articles shillllclluin: the ass~nl orXO'y.. of the cnlirc IIlClI\h(;lship,
provided, howcv\.:r. thallhis right of amcndment i$ suhjeetto the rights or eligihle
mortgagees as described in Section It! oCthe l.kl'lamtioll.
ARTICLES XU
INCOU(l()RA TORS
The name and address or the incorporators or this Corporation are:
David O. Harris and Randi L. Erickson, 24] Jack!:on St., Anoka, MN 55303
ARTICLES XIII
CAPITOl, STOCK
This corporation shall issue no capital stock.
IN WITNESS WHEREOf', for the purposes of fonning this corporation ulldcr Ihe laws
of the State or Minm:sola. the undcrsigncd. cOllsliluting the incorporators Ill' this
Associution, have cxecuted this Arliclcs orIncorporation. We further ccrtily that hy
signing 1his document We are subject 10 Ihe peml) lies or perjury as set fimh in Minnesota
Statutes, Section 5.15 as if we have signed this document under outh. Signed this 20'h
day of AuguSl, 200 I.
This instrument was drafted by:
Randi Erickson and Dave llmris
241 Jackson St.
Anoka MN 55303
Phone- 763-427-4878
01 Ir.: ':)0 ':)v\fA1 1? ~ '<.1'1 1"""I",......r- /""lor-
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<
COMMON INTEREST COMMUNITY NUMBER 92
A PI.n1taS ComWl.nity
---
DEVONSDJRE TOWNHOME ASSOCIATION, INC.
BY-LAWS
SECTION 1
GENERAL
The following are the by-laws of Devonshire Townhorne Association, Inc., a Minnesota
non-profit corpor.uion (the "Association"). The Association is organized pursuanllo Section
5158.3-101 of the Minnesota Common Interest Ownrnhip Act (the "Act") forthe purpose of
operating and managing Common lnterest Community Number 92, a planned community
created pursuant to the Act The terms used in these by-laws shall have the same meaning as
they have in the Declaration of Common Interest Community Number 92, a planned community
commonly referred to as "Devonshire Townhome Association, 1nc_" (the "Declaration") and
the Act.
SECTION 2
MEMBERSHIP
..... 2.1 Owners Definccl All Persons described as Owners in Article I, Section 2 of the
Declaration shall be members of the Association. No Person shall be a member solely by virtuc
of holding a security interest in a Unit. A Person cease to be a member at ~uch time as that
Person is no longer an Owner.
2.2 Registration of Owners and Occuvants. Each Owner shall register with the SecTetary
ofthc Association, in writing, within 30 days after taking tide to a Unit, (i) the name and address
of the OWOeT!' and any Occupants of the Unit, (ii) the nature of such Owner's interest or estate in
each Unit owned; (iii) the address at which the Owner desires to receive notice of any meeting of
the Owners, if other than the Unit address; (iv) the name and address of the secured party
holding the first mortgage on the Unit, if any; and (v) the name of the Owner, if there are
multiple Owners ufthe 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 infonnation.
2.3 Transfers. The interests. rights and obligations uf an Owner in the Association may
be assigned, pledged, encumbered or transterred, 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 Jaw.
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AUG 30 2001 11:43 DOf":C ~'j
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SECnON 3
~. VOTING
3.\ 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
except as shown in Article XU "Special Declarant Rights provided in the Declaration."
3.2 Authoritv to Cast Vole. At any meeting of the Owners, an Owner included on the
voting register presented by the Secretary in accordance with Section 4.6 of this By-Law, 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 ofthe Owners may
cast the vote. If the Owners of a Unit fail to agree as to who shall cast the vote, or fail to register
pursuant to Section 2.2, the vote shall not be cast.
3.3 Votin!! bv ProXY. An Owner may cast the vote which is allocated to the Owner':; Unit
and be counted present at any meeting of tile Owners by execwing a wriuen proxy naming
another Pen;on entitled to act on that Owner's behalf, and delivering the same to the Secretai)'
before the commencement of any such meeting. All proxies granted by an Owner shall remain
in effect until the earliest of the following events; (i) revocation by the granting Owner by
written notice or by personally attending and voting at the meeting for which the proxy is
effective, (ii) eleven months after the date ufthe proxy, unless otherwise provided in the proxy,
or (iii) the time at which the granting Owner is no longer an Owner.
~
3.4 VotinJ.!. 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 reqtrirements, (iii) state the percentage
of approvals necessary to approve each matter other than election of directors, and (iv)
specity the time by which a ballot must be received by the Association in ordcr 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 of Directors shall set the time for the return ofbaJlot'>, which shall not be
less than 15 nor more than 30 days after the date of mailing of the ballots to the Ovmen;.
The Board of Dircctors shall provide notice of the results of the vote to the O\\1lers
within 10 days after the expiration of the voting period.
d. Approval by written ballot under this Section is valid only if the number of votes cast
by ballot equals or exceeds the quorum required to be present at a meeting authorizing
the action, and the number of votes that would be required to approve the matter at a
- meeting at which the total number of~ cast was the same as the number of votes cast
.....,...... ~...... .-..-....... "....
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by ballot.
....... 3.5 Vole Reauired. A majority of the votes cast at any properly constituted meeting of
the Owners, or cast by mail in accordance with Section 3.4, shall decide all matters properly
brought before the Owners, except where a different vote is specifically required by the
Governing Documents or the Act. The tenn "majority" as used herein shall mean in excess of
50% ofthe 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 Declaration. Cumulative voting ~hall not be
penniued.
SECTION 4
M.U:TlNG OF OWNERS
4. I l?1lK"&.. All Meetings of the Owners shall be held at such a place within the City of
Andover. The Board of Directors selection shall be reasonably accessible to the Owners.
Location of said meeting shall be placed in said notice to said owners as shown in said Section
paragraph 4.3 and 4.4
4.2 Annual Meetinl$. 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 ofDinx,'tono. At each
annual meeting of the Owners. (i) the Persons who are to constitute the Board ofnirectOTS shall
be elected pursuant to Section 5, (ii) a report shall be made to the Owners on the activities and
tinancial condition of the Association, and (iii) any other matter which is included in the notice
~ of the annual meeting, and is a proper subject for discussion or decision by the Owners, shall be
considered and lU.'1ed upon at the meeting.
4.3 S[X,'Cial Meetinl/:S. The President as a matter of discretion may call special meelings
of the Owners. The President or Secretary shall call special meetings of the Owners within 30
days following roceipt of the written request ofa majority orthe members of the Board of
Directors or ofOwn:ers entitled to cast at least 25% of all the votes in the Association The
meeting shall be held within 90 days following receipt of the request. The request shall state the
purpose of the meeting, and the business transacted at the special meeting shall be confined to
the 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 undl;:r the Governing
Documents.
4.4 Notice of Meetings, At least 21, but no more than 30, days in adv-dllce of any annual
meeting ofthe Owners and (l'ubject to Artlclc 111, Section 5 oCtile Declaration) at
least 7, but no more than 30, days in advance afany special meeting of the Owners,
the Secretary shall send, to all persons who are Owners as of the date of sending the
notice, notice of the time, place, and agenda oftbe meeting, by United States mail. or
hand delivery, at the Owner's Unit address or to such other address as the Owner may
have designated in writing to the Secretary. The notice shall also be sent to the
Eligible Mortgagee, upon request, at the address provided by the Eligible Mortg-clgee.
- Any Eligible Mortgagee shall, upon request, be entitled to designate a representative
AUG 30 2001 11:44 CC'l1'":C nit
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to be present at any meeting. Notice of meetings to vote upon amendments to the
- Articles of Incorporation shall also be given separately to each officer and director of
the A!\sociation.
45 Quorum! Adiournment. The presence of Owners in person or by proxy, who have the
authority to cast in excess of fifty percent (50%) of all the votes in the Association shall
be necessary to constitute a quorum at all meetings ofthe Owners for the transaction of
any business, eKcept that ofadjouming the meeting to reconvene at a subsequent time.
Any Meeting may be adjourned from time to time. but no longer than 15 days later,
without notice other than announcement a the meeting as initially cal1cd. If a quorum is
present at the reconvened meeting, any business may be transacted which might have
been tran$acted at the meeting as initially called bad 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 detennining
a quorum as to any Unit owned by the A!\sociation.
4.6 Votinll: ReRister. The Secretaty shall have available at the meeting a list of
the Unit numbers, the names ofthe Owners, the vote attributable to each Unit and the
name of the Person (in the case of multiple Owners) authorized to cast the vote.
4.7 ARenda.. The agenda for meetings of the Owners shall be established by the
_. Board of Directors, consistent with the Governing Documents, and shall be sent to all
Owners along with the notice of the meeting.
SECTION 5
ANNUAL REPORT
The Board of Directors shall prepare an annual report on behalf of the Ass()Ciation to be
mailed or delivered to each Owner together with the notice of the annual meeting. The report
shall contain 3t a minimum:
a. A statement of any capital expenditures in elCCess of two percent of the current budget
or $3,000, whichever is greater, approved by the Association for the current year 01
succeeding two fiscal years.
b. A statement of the balance in any reserve or replacement fund and any portion orthe
fund designated for any specified project by the Board ofDircctors.
Co A copy of the statement of revenues and expenses tOr the Association's last fiscal
year, and a balance sheet as ofthe end of said fiscal year.
'c:>
AUG 30 2001 11:45 CClr:r= ~c::'
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d. A statement of the status of any pending litigation OT judgments to which the
-. Associati(m is a party.
e. A statement of the insurance coverage provided by the Association.
1. A statement of the total past due assessments on all Units, current as of not more than
60 days prior to the date of the meeting.
SECTION 6
BOARD OF DIRECTORS
6.1 Number and Qualifications. A Board of Directors shall govern the affairs of the
Association. The first Board of Directors shall consist of the persons designated as directors in
the Articles of Incorporation oftbe ASSOCiation or appointed to replace them by the Declarant,
subject to the rigflts of Owners to elect directors as set forth in Section 6.2. Upon the expiration
orthe terms of me members of the first Board of Directors, the Board of Directors shall be
composed of three (3) directors. a majority of whom shall be O~, or a duly authori1.ed
representative of the Owner if the Owner is a corporation, partnership, limited liability company,
trust or other entity which has the capacity to hold title to real estate.
-
6.2 Tenns of Office. The tenns of office of the members of Board of Directors shaH be
as follows:
~ a. Subject to Subsection b, the terms of All directors appointed by Declarant as
authori7.ed by the Declaration shall tenninate upon the earliest of (i) voluntary
surrender of control by Declarant. (ii) an Association meeting which shall be held
within 60 days after conveyance to Owners other than a declarant of75% ofthc total
number of Units authorized to be included in the common interest community or (iii)
the date five (5) years following the date of the first conveyance ofa Unit to an
Owner other than a declarant. The tenn of office of any direc..1or elected to the first
Board of Directors pursuant to Subsection b shall expire at the same time as those
appointed by Declarant.
b. Notwithstanding the provisions ofSubscction a, the Owners other than Declarant
shall have the right to nominate and elect not less than 33 1/3% of the directors at a
meeting of the Owners held within 60 days following the conveyance by Declarant of
50% of the total number of Units authorized to he included in the common interest
community.
Co The tirst rerms of office of the directors elected by the Owners immediately following
the expiration of the terms provided for in Subsection a. shall be two years for one of
the directors and three years for two of the directors. Tbe nominee or nominees
receiving the greatest numbers of votes shall fill the longer terms. Each lenn of
office thereafter shall be two years and shall expire at the appropriate annual mccting
'=- orthc Owners; provided, that a director shall continue in office until a successor is
AUG 30 2001 11:45 nr......1""'" ,..,.,,-
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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
do not receive a majority of the votes cast. A director appointed or elected to fill an
uncompleted term shall serve until the natural termination ofthut term, unless
removed in accordance with these by-laws. There shall be no cumulative voting for
directors.
6.3 Nominations. Nominations for election to the Board of Directors shall be made by a
nominating committee appointed by the Board of Directors. or from the floor at the annual
meeting or by "write-in" ifauthorized by the Board.
6.4 Powers. The Board of Directors shall have all powers necessary for the
administration of the afI'airs of !he As.-.ociation. and may exercise for the Association all powers
and authority vested in or delegated to the Association (and not expressly prohibited or reserved
to the owners) by law or by the Governing Documents. The powers of the Board of Directors
shall include, without limitation, the power to:
a. Adopt. amend and revoke Rules and Regulations not inconsistent with the Governing
Documents, as follows: (i) regulating the use of the Common Elements; (ii) Teboulating
the use of Units, and the conduct of Owners and Occupants, whiclLmay jeopardize the
health, safety, or welfure of other Omlers and Occupants. which involves noise or other
disturbing activity, or which may damage the C()mmon Elemems or other Units; (Hi)
reb'Ulating 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 ofthc Property, including. for example, balconies lUld patios.
window treatments., and signs and other displays, regardless of whether inside a Unit; (vi)
implementing the Governing Docwnents, and exercising the powers granted by this
Section; and (vii) otherwise facilitating the operation ofthe Property;
b. adopt and amend budgei<; for revenue..c;, expenditures and reserves, and levy and
coIlect assessments for Common Expenses from Owners;
c. hirc and discharge managing agents and other employees, agents, and independent
contractors;
d. institute, defend, or intervene in litigation Ot" administrative proceedings (i) in its own
name on behal f of itself or two 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 ()fthe Common
Elements and the Units;
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-- g. call'le improvements to be made as a part of the Common Elements;
b. acquire, hold, encumber, and convey in its own name any right, title, or interest to real
estate or personal property, subject to the requirements ofibe Act for the conveyance or
encumbrance of the Common Elements;
L grant public utility easements through, over or under lhe Common Elements., and,
subject to approval by resolution of the Owners other than a declarant or its affiliates at a
meeting duly called, grant other public or private easements, leases and licenses through,
over or under the Common Element;
j. impose and receive any payments, fees, or charges for the use,. rental or operation of
the Common Elements, other than Limited Common Elements, and for services provided
to Owners;
k. impose charges for late payment of assessment<; and, after notice and an opportunity
to be heard, levy reasonable fines for violations of the Governing Documents and the
Rules and R.egulations;
I. impose reasonable charges for the review, preparation and recordation of amendments
to the Declaration or by-laws, resale certificates required by Section 515B.4-1 07 of the
Act, statements of unpaid assessments, or furnishing copies of Association records;
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m. provide for the indemnification of its officers and directors, and maintain directors'
and officers' liability insurance;
D. provide for reasonable procedures governing the conduct ofmectings and the election
of directors;
0. appoint, regulate and dissolve committees;
Po exercise any other powers conferred by law or the Governing Documents. or which a
re n~essary and proper for the governance of the Association.
6.5 Meetings and Notices. An annual meeting of the Board of Directors shall be held
promptly following each annual meeting of the Owners. At each annual meeting the officers of
the Association shall be elected.
.. Regular meetings of the Board of Directors shaH be held at least on a quarterly basis.
at :>uch times as may he fixed from time to time by a majority of the member.; of the
Board of Directors. A schedule, or any amended schedule, of the regular meetings shall
be provided to the di~tOTS.
'- b. Special meetings of the Board of DirectoTS shall be held when called (i) by the
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President of the Association. or (ii) by the Secretary within ten (10) days following the
~. written request of any two (2) directors, Noticc of any special meeting !\hall be given to
each director not less than three (3) days in advance thereof Notice to a director shall be
deemed to be given when deposited in the United States mail postage prepaid to thc Unit
address of such director, or when personally delivered, orally or in writing, by a
representative of the Board of Directors.
c. Any director may at any time waive notice of any meeting of the Board of Directors
orally. in writing, or by attendance at the meeting. If all the directors are present at a
meeting of the Board of Directors, no notice shall be required and business may be
transacted at such meeting.
6.6 Quorum and Votine. A mlljority of tile members oftbe Board of Directors shall
constitute a quorum for the transaction of business at any meeting thereof. A quorum, oncc
established, shall continue to exist, regardle!\s of the subsequent departure of any directors. Each
director shall have one vote. The vole ofthe majority of the directors present at any meeting at
which a quorum is present shall be sufficient to adopt any action. Proxies shall not be permitted.
6.7 Action Taken Without a Meeting. The Board of Directors shall have the right to take
any action in the absence of a meeting, which it could take at a meeting when authorized in
writing signed by all the directors.
6.8 Vacll,ncies. A vacancy in the Board of Directors shall be filled by a person elected
"- within 30 days following the occurrence of the vacancy by a majority vote of the remaining
directors, re!,>ardtess of their number; except for vacancies created pursuant to Sections 6.2 and
6.9 of this Section. Each person so elected shall serve out the tenn vacated.
6.9 Rel!1Q.vaJ. A director may be removed from the Board ofOirectors, with or without
cause, by a majority vote at any annual or special meeting of the Owners; provided. (i) that the
notice of the meeting at which removal is to be considered states such purpose, (ii) that the
director to be removed has a right to be heard at the meeting and (iii) that a new director is
elected at the meeting by the owners to fill the vacant position caused by the removal. A director
may also be removed by the Board of Directors is such directDr (i) has more than two unexcused
absences from Board meetings and/or Owners meetings during any twelve month period or (ii) is
more than 60 days past due with respect to a.':sessments on the director's Unit Such vacancies
shall be filled by the vote of the Owners as previously provided in this Section.
6.10 Compensation. Except as authorized by a vole of the Owners at a meeting thereof,
the directors of the Association shaJl receive no compensation for their services in such capacity.
A director may, or other Owner or Occupant may, upon approval by the Board of Directors, be
retained by the Association and reasonably compensated for goods and services furnished to the
ASSQ(,;ation in an individual capacity. Directors may be reimbursed for out-of.pocket expenses
incurred in the performance of their duties.
"- 6. )) Fidelitv Bond. Fidelity bonds or insurance coverage for unlawful taking of
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Association funds shall be obtained and maintained as provided in the Declaration on all
....... directors and officcrs authool'.ed to handle the Association's funds and other monetary assets.
SECTION 7
OFFJCERS
7.1 PoneioalOfficers. The principal ofthc Association shall be a President, a Vice
President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors.
The Board of Directon; may from time to time elect such other officers and designate their duties
as in their judgment may be necessary to manage the afiairs ortbe Association. A person may
hold more than one office simultaneously, except those of President and Vice President. Only
the Pre:;ident and Vice President must be members of the Board of Directors.
7.2 ElecLion. The officers of the Association shall be elected annually by the Board of
Directors at its annual meeting and shall hold ofJice at the pleasure of the Board.
7.3 RemovaL Upon an affinnative vote of a majority of the members of the Board, any
officer may be removed, with or without cause, and a successor elected, at any regular meeting
of the Board of Directors, or at any special meeting of the Board of Directors called for that
purpose.
'. 7.4 President. The President shall be the chief executive officer of ttle Association, and
shall preside at all meetings ofthe Board of Directors and the Association. The President shall
have all of the powers and duties which are customarily vested in the offioe of the president of a
corporation, including without limitation the duty to supervise all other officers and to execute
all contracts and similar obligations on behalf of the Association. The President shall have such
other duties as may from time to time be prescribed by the Board of Directors.
7.5 Vice President. The Vice Presidem shall take the place of the President and perform
the duties of the onice whenever the President shall be absent or unable to act. The Vice
President shall also perfonn such other duties as shall from time to time be prescribed by the
Board of Directors.
7.6 Secretary. The Secretary shall be responsible for recording the minutes of all
meetings of the Board of Directors and the Association. The Secretary shall be rcsponsibl e for
keeping the books and records of the Association, and shall give all notices required by the
Governing Documen~ or the Act \U1less directed otherwise by the Board of Directors. The
Board of Directors may delegate the Secretary's administrative functions to a managing agent:
provided thaI such dclcgation shall not relieve the Secretary of the ultimate rcsponsihility for the
Secretary's duties.
7.7 Treasurer. The Treasurer shall have responsibility for all financial as.<oets of the
"- Association, and shall be covered by a bond or insurance in such sum and with such companies
AUG 30 2001 11:47 PAGE. 10
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as the Board of Directors may require. The Treasurer shall be responsible for keeping the
~. Association's financial books. assessment rolls and accounts. The Treasurer shall cause the
books of the A!:sociation to be kept in accordance with customary and accepted accounting
pnlctices and shall submit them to the Board of Directors for its examination upon request. The
Treasurer shall cause all moneys and other monetary a'iSets of the Association to be deposited in
the name of or to the credit of the Association in depositories designated by the Board of
Directors, shall cause the funds of the Association to be disbursed us ordered by the Board of
Directors and shall perfonn all other duties incident to the otlice of Treasurer. The Board of
Directors 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
Treac:urer's duties.
7.8 {;gmrensation.. Except as authoric.ed 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 may. upon approval by the Board of Directors, be 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 perfonnance of their duties.
SECflON 8
OPERA nON OF THE PROPERlY
8.1 Assessment Procedures. The first Board of Directors shall annually prepare a budget
of Common expenses for the Association. but may elect not to levy a Common Expense
.- assessment for up to 60 days after the convcyance of the first Unit, in which case Declarant shall
pay all expenses of the condominium unit the first assessment is levied. Following the
expiration of the terms of the members of the first Board of Directors. the Board of Dire ClOTS
shall annually prepare a budget of Common Expenses for the Association and assess such
Common Expenses against the Units according to their respective Common Expense liability as
set forth in the Declaration.
a. The Board of Directors shall f]X the amount of the annual assessment against each
Unit, levy the 8.'lSCssment and advise the Owners in writing of the assessment at least
thirty (30) days prior to the beginning of the Association's fiscal year when the first
assessment installment shall be due. The failure oftlle Board of Directors to timely
levy an annual assessment shall not relieve the Owners of their obligation to continue
paying assessment installments in the amount currently levioo, as well as any
increases subsequently levied
b. If an annual assessment proves to be insutlicient, the Hoard of Directors may amend
the budget and levy an additional assessment, at any time. The levy shall occur upon
the date specified in the resolution, which fixes the assessment.
c. 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
..... ofthc Units that must be maintained, repaired or replaced by the A~ociation on a
AUG 30 2001 11:48 ot""\r::t::' 11
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periodic basis.
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d. The Association shall furnish copies of each budget on which the assessment is based.
to an Owner or to any Eligible Mortgagee, upon request of such persons.
8.2 Payment of Assessments. Annual assessments shall be due and payable in monthly
installments in advance on the first day of each month of the year or other period for which the
assessments are made, and special assessments shall be due when designated by the Board of
Directors. All Owners shall be absolutely and unconditionally obligated to pay the assessments.
No O~er 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 colJection,
regardless of any claims alleged against the Association or its oflicen; OT directors. Any rights or
claims alleged hyan Owner may be pursued only by ~eparate action.
8.3 Default in Pavrnent of Assessments. Tfany Owner does not ma.lce 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 of Directors may assess, and sueh 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. J f there is a deFault of morc than thirty (30) days in payment of any a~5cssmcnt. the
Board of Directors may accelerate any remaining installments of the assessment upon
'- prior written notice thereof to the Owner, and the cntire unpaid balance of the a.o;scssment
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 said date.
b. The Board of Directors shall have the right and duty to attempt to recover all
assessments for Common Expenses, together with any charges., attorney's fees or
expenses relating to the collection thereof.
Co Upon written request of an Owner or an Eligible Mortgagee of such Unit, notice of a
default of more than thirty (30) days in payment of any assessment or installment of an
assessment for Common Expenses or any other default in the perfonnance of obligations
by the Owner shall be given in writing to such Eligible Mortgagee.
d. The right'l and remedies referred to herein shall in no way limit lhe remedies available
to the Association under the Declaration or by law.
8.4 Foreclosure or Liens for Unoaid Assessmento;. The Association ha.'l the right to
foreclose its assessment lien against a Unit for assessments imposed by the Association, as morc
fully described in the Declaration and the Act.
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AUG 30 2001 11:48 P.AGE.12
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8.5 Rewrds. The Board of Directors shall cause to be kepi at the registered office of the
-- Association, and at such other place as the Board of Directors may detennine, records of the
actions of the Board of Directors, minutes of the meetings of the Board of Directors, minutes of
the meetings of the Owners of the Association, names oflhc Owners and Eligible Mortgagees,
and detailed and accurate records of the receipts and expenditures of the Association. All
Association records, including receipts and expenditures and any vouchers aUlhori1..ing payments,
shall be available for examination by the Owners and the Eligible Mortgagees upon reasonable
notice and during nannal business hours. Separate accounts shall be maintained for each Unit
setting forth the amount of the assessments against the Unit., the dare, when due, the amount paid
thereon and the balance remaining unpaid.
8.6 Enforcement ofObligal.ions. All Owners and Occupants and their guests are
obligated and bound to ob5eIVe the provisions of the Governing Docmnents., the Rules and
RCbrulations and tbe Act. The Association may impose any or all of the charges, sanctions and
remedies authorized by the Governing Docmncnts, the Rules and Regulations or by Jaw to
enforce and implement its rights and to otherwise enable it to manage and opemte the
Association.
SECTION 9
AMENDMENTS -
9.1 ADmUVal. The amendment must be approved by Owners who have authority to cast
in excess of fifty (50%) of the total votes in the Association, in writing or at a duly held meeting
.... of the Owners, subject to approval by the VA untillennination ofthe period ofJ)edarant
control. and to any approval rights Eligible Mortgagees and Declaram as provided in the
Declaration; and
9.2 Notice, ^ copy of the proposed amendment and, if a meeting is to be held, notice of
such meeting, shall be mailed by U.S. Mail, or hand delivered, to all Owners authori~cd to cast
votes; and
9.3 Effective Date: R(:COf(iing. The amendment shall be effective on the date of
approval by the required vote of the Owners and need to be recorded If recorded, the
amendment shall be reeorded in the office of the recording officer for the county in which lhe
Property is located.
SE(''TION 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 MilUlesota Statutes 317 A. 521.
SECTION 11
- MIS(~EL.LANIO:OUS
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...... II. I Notices. Unless specifically provided otherwise in the Act, the Declaration or these
by-laws, all notices required to be given by or to the Association, the Board of Directors, the
Association officers or the Ownm or Occupants shall be in writing and shall be cffcctiv~ upon
hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 shall be etlective upon receipt by
the Association.
11.2 Severability. The invalidity or unenforceability of any part of these by-laws shall
not impair or affect in any manner the validity. enforceability or effect of the balance oflhese
by-laws.
11.3 Cantions. The captions herein are inserted only as a matter of convenience and for
reference and in no way limit or proscribe the scope of these by-laws or the intent ofany
provision hereof.
11.4 Conflicts in Documents. Tn the event of any conflict among the provisions of the
Act, the Declaration, the by-laws or the Rules and Regulations, the Act shall control unless it
permits the documents to control. As among the Declaration, by-laws and Rules and
Regulations, the Declaration shall control, and a<: between the by-laws and the Rules and
Regulations, the by-laws shall control.
11.5 Waiver. No restriction, condition. obligation or provision contained in thcse by-
"- laws shall be deemed to have been abrogated or waived by reason of any failure to enforce the
same, irrespective of the number of violations or breaches thereof which may occur.
11.6 No Coroorate Seal. The Association shall have no cooperate seal.
11.7 Fiscal Year. The fiscal year of the Association shall be as detennined by the Board
of Directors.
The undersigned hereby executes these by-laws and certifies that they were adopted by
Devonshire Townhome Association, Tnc., a non-profit corporation incorporated under the laws
of the State of Minnesota, effective as of the date hereof.
Dated: ,2001
Drafted by:
DevoDshire Townhome Association, lnc.
c/o Town Centre Real Estate Services
241 Jackson St.
,,~ Anoka MN 55303
AUG 30 2001 11:49 por:;" 1<1
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Likjj
COMMON INTEREST COMMUNITY NUMBER 92 RECEIVED
Planned Community
DEVONSHIRE TOWNHOME ASSOCIATION, INe. AUG 2 9 2001
DECLARATION CITY OF ANDOVER
This Declaration is made on this day of September, 2001, by Creekside Homes,
LLC. a Minnesota limited liability company, hereinafter referred to as "Declarant", pursuant to
the provisions of the Minnesota Common Interest Ownership Act, a Minnesota Statutes Sections
515B.I-IOl to 515B. 4-118, "hereinafter referred to as the "Act"), as amended.
WHEREAS, Declarant, Creekside Homes, LLC is the owner of certain property in the City of
Andover, County of Anoka and State of Minnesota, which is more particularly described as:
Lots 1,2,3,4,5,6,7,8,9, Block I; DEVONSHIRE ESTATES;
(hereinafter lots I thru 8, inclusive, in said block shall be referred to as the "Property" or
"Properties", which Declarant intends to develop for residential uses; lot 9, in said block shall be
referred to as the "Common Elements", which Declarant intends to develop for said owner(s) of
lots 1-8, inclusive in said block, their successors and/or assigns, for the benefit of each owner(s),
but deeded to the "Townhome Association" which Declarant herein creates as "Devonshire
Townhome Association, Inc."
WHEREAS, Declarant desires that all of the Property shall be subject to certain uniform
covenants, conditions and restrictions; and
WHEREAS, Declarant desires to establish on the Property, a plan for a permanent residential
community to be owned, occupied and operated for the use, health, safety and welfare of its
residential Owners and Occupants, and for the purpose of preserving the value, the structure
quality and the original architectural and aesthetic chamcter, and that all of the Property shall be
subject to certain uniform covenants, conditions and restrictions; and
NOW, THEREFORE, Declarant hereby declares that all of the Properties described above shall
be held, hold and conveyed subject to the Act and the following easements, restrictions
covenants and conditions, which are for the purpose of protecting the value and desimbility of,
and which shall run with, the real property and be binding on all parties having any right, title, or
interest in the described Properties or any part thereof, their heirs, successors and assigns, and
shall inure to the benefit of each owner thereof.
This common interest community is a planned community and is not subject to master
association.
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ARTICLE 1.
DEFINITIONS
Section 1. "Association" shall mean and refer to Devonshire Townhome Association, Inc., a
non-profit corporation fonned under Chapter 317 A of the laws of the State of Minnesota and,
Minnesota Statutes Section 515B.3-10 1, whose members consist of all Owners as defined herein.
Section 2. "Owner" shall mean and refer to the record owner whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the perfonnance of an
obligation. Where any such Lot is being sold by the fee owner to a contract vendee who is
entitled to possession of the Lot, the contract vendee shall be considered to be the owner of the
Lot of: (a) the rights of the contract vendor hereunder are delegated to the vendee under such
contract for deed; and (b) the vendee shall furnish proof of such delegation to the Association.
Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described.,
and such additions thereto as may hereafter be brought within the jurisdiction of the Association,
including and not limited to the dwellings and all other structures and improvements located
thereon now or in the future.
Section 4. "Lot" shall mean and refer to any separately identified plot of land shown upon any
recorded subdivision map or plat of the Properties which is intended to be sold to the ultimate
buyer a separate property. Where appropriate, reference to "Lot" shall include all structures
located upon a Lot. The Boundaries of each Lot and the unit identifier of each Lot shall be as
shown on the Plat.
Section 5. "Declarant" shall mean and refer to Creekside Homes., LLC, a Minnesota Limited
Liability Company, its successors and assigns.
Section 7. "Eligible Mortgagee" shall mean any person owning a mortgage on any Lot, which
mortgage is first in priority to any other mortgage that encumber such Lot, and which has
requested the Association, in writing, to notify it regarding any proposed action which requires
approval by a specified percentage of Eligible Mortgagee's.
Section 8. "Act" shall mean the Minnesota Common Interest Ownership Act, Minn Stat. Sec
515B. 1-101, et seq.
Section 9. "Plat" shall mean the plat of Devonshire Estates recorded in the office of the County
Recorder, Anoka County, Minnesota.
Section 10. Definitions Incorporated. Except as otherwise specified in the Declaration, the
terms used in this Declaration, which are defined in the Act shall have the same meaning as they
have in the Act.
.
Section 11. StatutOry Reauirements. In accordance with the requirements of Section 515B.2-
105 of the Act, the Declarant hereby states the following:
(a) The number of the Common Interest Community created hereby is the number set
forth on the fIrst page of this Declaration.
(b) The name of the Association is Devonshire Townhome Association, Inc. The
Association has been incorporated pursuant to the provision of Minnesota Statues
Chapter 317 A.
(c) The common interest community created hereby is a planned community. It is not
subject to a master association.
(d) The legal description of the Property included with the common interest community
created hereby (including all appurtenant easements) is set forth on the front page of
and throughout this declaration.
(e) The description of the boundaries of each Lot created by this Declaration, including
the unit identifier number for each Lot, is set forth on the Plat, which plat has been
filed for record with the office of the Anoka County Recorder and is hereby
incorporated herein by reference.
(f) The allocated interests are assigned equally to each Lot, subject to the provision of
this Declaration. Each Lot shall have one vote in the affairs of the Association.
Except as provided in Article TII, Section 6 (relating to the Alternative Assessment
Program) or as permitted in the Act, each Lot shall share the Common Expenses
equally.
(g) The common interest community created hereby shall consist of eight (8) Lots, all of
which shall be restricted to residential use.
(h) No additional units may be created by the subdivision or conversion of Lots.
(i) The use restrictions to which the Lots are subject are located in Articles VI and VII
hereof There is no restriction on the sale price of a unit. The amount to be received
upon condemnation, casualty loss or termination of the common interest community
is set forth in Article XIV, Section IO~ Article X, Section 5~ and Article XIV, Section
11, respectively.
(j) Time-shares are not permitted.
(k) Matters relating to Special Declarant Rights are contained in Article XII hereof.
Matters relating to the use of the Common Elements are contained in Article VII
hereof Matters relating to the care and maintenance of the Common Elements are
contained in Article IV hereof Matters relating to assessments for Common
Expenses are contained in Article ill hereof Matters relating to Limited Common
Elements are contained in Article XIV, Section 9.
ARTICLE II.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot. When more than one
person is any Owners of a Lot, all such person shall be members of the Association, but multiple
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ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the
division of the voting rights.
Section 2. Voting rights and Common Expense obligations are allocated equally among the
Lots; except that special allocations of Common Expenses shall be permitted as provided in this
Declaration and except for the alternative assessment program as provided in this Declaration.
Section 3. The ownership of a Lot shall include the voting rights and Common Expense
obligations described in Article II, Section 2. Said rights, obligations and interest, and the title to
the Lots, shall not be separated or conveyed separately. The allocation of the rights, obligations
and interests described in this Section may not be changed except in accordance with this
Declaration, the Bylaws and the Act.
Section 4. The Owner, or some natural person designated as proxy on behalf of the Owner, and
who need not be an owner, may cast the vote allocated to such Lot at meetings of the
Association; provided, that if there are multiple Owners of a Lot, 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 specifically described in the Bylaws.
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COVENANT FOR COMMON EXPENSE
AND INSURANCE PREMIUM ASSESSMENTS;
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for
each Lot Owned within the Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed or contract for deed therefore, whether or not it shall be so expressed in
such deed or contract, is deemed to covenants and agree to pay to the Association:
(a) general annual assessments or charges;
(i) a common expense or portion thereof benefiting fewer than all of the Lots may
be assessed exclusively against the Lots benefited., on basis of (A) equality, (B)
square footage of the area being maintained, repaired or replaced., or (C) the actual
cost incurred with respect to each Lot.
(b) assessments for master insurance premiums, if any, which may be assessed in
proportion to value, risk or coverage.
(c) special assessments for capital improvements, such assessments to be established and
collected as hereinafter provided.
(d) assessments levied under Section 515B.3-116 of the Act to pay a judgment against
the Association, which assessments may be levied only against the Lots existing at
the time the judgment was entered, in proportion to their common Expense
Liabilities.
(e) assessments for fees, charges, late charges, fines and interest.
(f) In any damage to the Common Elements or another Lot is caused by the act or
omission of any Owner, the guests of an Owner of the occupant of any Lot,
assessments for the costs of repairing the damage may be assessed exclusively against
the Owner's Lot to the extent not covered by insurance.
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The assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on
the Lot and shall be continuing lien upon the property against which each such assessment is
made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall
also be the personal obligation of the person who was the Owner of such property at the time
when the assessment fee due and if more than one person was an delinquent assessments shall
not pass to the Owner's successors in title unless expressly assumed by them.
Section 2. Puroose of Assessments. The assessment levied by the Association shall be used
exclusively to promote the purposes of the Association as set forth in Article IV.
Section 3. Limitation on Assessments. Until January 1 of the year immediately following the
conveyance of the first Lot to an Owner, the maximum annual general assessment to an Owner
and the Owner's Lot shall be $1360.00 per Lot.
(a) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual general assessment may be increased
each year not more than five percent (5%) above the maximum assessment for the
previous year without a vote of the membership of the Association.
(b) From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the maximum annual general assessment may be increased by
five percent (5%) or more by vote of Owners representing sixty-seven percent (67%)
of the Lots who are voting in person or by proxy, at a meeting duly called for this
purpose.
(c) The Board of Directors of the Association may fix the annual general assessment at
an amount not in excess of the maximum, and the Board of Directors of the
Association may modify the annual assessment upward or downward from time to
time, but in no event upward beyond the maximum permitted by this Section.
Written notice of any modification of the annual general assessment shall be sent to
every Owner subject hereto.
Section 4. Special Assessment for Capital Improvements. In addition to the annual general
assessments, the Association may levy, in any assessment year, a special assessment applicable
to that year only for the purpose of defrnying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common. Elements,
including fixtures and personal property related thereto, provided that any such assessment shall
have the assent of Owners representing sixty-seven (67%) of the Lots who are voting in person
or by proxy at a meeting duly called for this purpose, other than the Declarant.
Section 5. Notice and Quorum for anv Action Authorized Under Sections 3 and 4.
Written notice of any meeting called for the purpose of taking any action authorized under
Section 3 and 4 shall be sent to all Owners not less than twenty-one (21) days nor more than
thirty (30) days in advance of an annual meeting or not less than seven (7) days nor more than
thirty (30) days in advance of a special meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast more than fifty percent (50%) of all the votes shall
constitute a quorum. If the requirement, and the required quorum at the subsequent meeting
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shall be Y2 of the required of the preceding meeting. No such subsequent meeting shall be held
more than sixty (60) days following the preceding meeting.
Section 6. Uniform Rate of Assessment: Alternative Assessment PrOgram. The Declarant
hereby established an alternative assessment program of the type described in Section 515B.3-
115(a) (1) of the Act. Specifically, the Declarant covenants to pay during the Guaranty Period
(defined below), in lieu of all common expense assessments otherwise payable on Declarant's
units during such period, the excess, if any of (a) common expenses over (b) a monthly per unit
assessment of $10.00 multiplied by the number of units then owned by the owners other than
Declarant, subject to the following conditions:
a. The payments of excess expenses made by Declarant under this guaranty will not
exceed $10.00 per unit per month nor an aggregate of $80.00 for anyone unit per
year.
b. The Guaranty Period will commence at the time the first common expense
assessment is levied, which shall be no later than 60 days after the first conveyance of
a unit to an owner other than Declarant. Prior to that time, Declarant will pay all
accrued common expenses.
c. The Guaranty Period will extend from a minimum of twelve calendar months and a
maximum of twenty-four calendar months.
d. The Declarant may not commence or recommence this alternative assessment
program at any time other than at the time the frrst common expense assessment is
levied.
e. This alternative assessment program will have no effect on the level of services for
items set forth in the Association's budget.
f. The Declarant shall give owners at least 60 days prior notice of the termination of the
Guaranty Period, which, however, shall not end within its first twelve months.
g. This alternative assessment plan will have no effect on Declarant's obligation to fund
the reserves disclosed in the Association's budget included in the disclosure
statement or otherwise approved by the Association.
Annual andlor special assessments may be collected on a monthly basis at the discretion of the
Association.
Section 7. Date of Commencement of Assessments: Due Dates. The general annual assessment
provided for herein shall commence as to all Lots on the first day of the month following the
conveyance by the Declarant of a Lot. Notwithstanding the foregoing to the contrary, any Lot
owned by Declarant shall be assess pursuant to the alternative assessment program set forth in
Article ill, Section 6.
The first general annual assessment shall be adjusted according to the number of months
remaining in the calendar year. The Board of Directors of the Association shall fix the amount
of such assessments against each Lot at least thirty (30) days in advance of each annual
assessment period. Written notice of such assessments shall be sent to every Owner subject
thereto. The Board of Directors of the Association shall establish the due dates. The
Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
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authorized representative of the Association setting forth whether the assessments on specified
Lot have been paid. A properly executed certificate of the Association as to the status of
assessments on a Lot binding upon the Association as of the date of its issuance.
Section 8. Effect of Nonoavrnent of Assessments: Remedies of the Association. Any
assessment to any Member not paid within 20 days after the due date shall bear interest from the
due date at a rate of 8% per annum. The Association may bring an action at law against the
Owner personally obligated to pay the same or foreclose the Lien against the Property. Such
Lien may be foreclosed in the same manner as a mortgage pursuant to Minnesota Statutes,
Chapters 580, 581, or 582, as amended, an the Association shall be entitled to recover interest at
the rate of 8% per annum and its costs, expenses and disbursements, including reasonable
attorney's fee's, incurred in such foreclosure. No Owner may waive or otherwise escape liability
for the assessments provided for herein by non-use of the Common Elements or abandonment of
the Owner's Lot. If the Association has provided for monthly installment payments of
assessments, the Association may accelerate and the Owner shall pay the unpaid balance of an
annual installment if the Owner has failed to any monthly installment within thirty (30) days
after the due date of a monthly installment. To the extent permissible, the Association may deny
services to any Member who is more than thirty (30) days delinquent in the payment of any
assessment or installment of an assessment.
Section 9. Subordination of the Lien to Mortgage. The lien of the assessments provided for
herein shall be subordinate to the lien of any first mortgage, except as provided in Section
515B.3-l16 of the Act. Sale or transfer of any Lot shall not affect the assessment lien. No sale
or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or
from the lien thereof.
ARTICLE IV.
DUTIES OF ASSOCIATION
Section 1. General Duties. In addition to maintenance upon the private streets and driveways,
including the maintenance of the water and sewer services from any public mains, the
Association shall provide for maintenance upon the Lots and Common Elements as follows:
exterior maintenance upon each Lot which is subject to assessment hereunder, snow removal,
fences, decks, rubbish, paint, repair, replace and care for roofs, gutters, downspouts, exterior
building surfaces, trees, shrubs, grass, walks, irrigation systems, light fixtures or light standards
along private roads and other exterior improvements. Exterior maintenance shall not include
glass, windows or electricity for exterior garage lights.
Section 2. Other Duties.
(a) The Association shall enforce the covenants, conditions and restrictions set forth
herein and any amendments hereto and any rules and regulations adopted by the
Association.
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(b) The Association may provide for trash removal services in accordance with the
provisions of Article IX hereof and shall provide a master or common policy of
property insurance for all Lots within the Association.
(c) The Association shall undertake, at its discretion, such further duties as determined
by the Board of Directors.
Section 3. Miscellaneous. In the event that the need for maintenance or repair is caused through
the willful or negligent act of the Owner, his family, or guests, invitee, or lessees, the cost of
such maintenance or repairs shall be added to and become a part of the assessment to which such
Lot is subject.
ARTICLE V.
PARTY WALLS
Section 1. General Rules of Law to Applv. Each wall which is built as a part of the original
construction of the homes upon the Properties and placed on the dividing line between the Lots
shall constitute a party wall, and, to the extent not inconsistent with the provisions of this
Article, the general rules of the law regarding party walls and liability for property damage due
to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance
of a party wall shall be shared by the Owners who make use of the wall in proportion to such
use.
Section 3. Destruction bv Fire or Other Casualty. If a party wall is destroyed or damaged by fire
or other casualty, any Owner who has used the wall may restore it, and if the other Owners
thereafter make use of the wall, they shall contribute to the cost of restoration thereof in
proportion to such use without prejudice, however, to the right of any such Owners to all from a
larger contribution from the others under any rule of law regarding liability for negligent or
willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who
by his negligent or willful act causes the party wall to be exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribution Runs with Land The right of any Owner to contribution from
any other Owner under this Article shall be appurtenant to the Lot and shall pass to such
Owner's successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall. or under the
provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall
choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
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ARTICLE VI.
ARCHITECTURAL CONTROL
Section 1. Structures. No building, fence, wall or alteration to any deck or fence or other
structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior
addition to, or change or alteration therein be made until the plans and specifications showing
the nature, kind, shape height, materials, and location of the same shall have been submitted to
and approved in writing as to harmony of external design and location in relation to surrounding
structures and topography by the Board of Directors of the Association, or by an architectural
committee composed of three (3) or more representatives appointed by the Board.
Section 2. Approval. In the event said Board of Directors, or its designated architectural
committee, fails to approve or disapprove such design and location, or planting, within thirty
(30) days after said plans and specifications have been submitted to it, approval will not be
required and this Article will be deemed to have been fully complied with.
ARTICLE VII.
ADDmONAL RESTRICTIONS; RULES AND REGULATIONS
Section 1. Additional restrictions.
(a) No lot shall be used except for residential purposes, except that Declarant shall be
entitled to maintain model homes and other sales facilities upon the Lots.
(b) No sign of any kind shall be displayed to the public view on any lot except one
professional sign of not more than one (1) square foot and one sign of not more than
five square feet advertising the property for sale, except that Declarant shall be
permitted to erect and maintain upon the Property such signs as it deems appropriate
to advertising the Property until the Declarant conveys the last lot.
(c) The Association, through its Board of Directors, may in its discretion adopt rules and
regulations prohibiting or permitting the keeping of animals on the Lots.
(d) No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage
or other waste, including pet or household waste. Garbage, rubbish and trash shall
not be kept on said premises except in sanitary containers. All incinerators or other
equipment used or kept for the storage or disposal of such material shall be kept in a
clean and sanitary condition.
(e) No noxious or offensive activity shall be carried on upon any Lot nor shall anything
be done thereon which may be or may become an annoyance of nuisance to the
neighborhood
(f) No Structure of a temporary character, trailer, basement, tent, shack, garage, barn or
other building shall be used on any lot at any time as a residence, either temporarily
or permanently.
(g) No trailers, boats, buses, motor homes, campers, snowmobiles, motorized bicycles or
other types of recreational vehicles shall be parked on any Lot for more than forty-
eight (48) consecutive hours unless such vehicle is parked within a garage; provided
that the Board of Directors of the Association may grant permits to park such vehicles
on Lots for limited periods of time not to exceed fourteen (14) days in any twelve-
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month (12) period. No such vehicles shall be parked on any Common Element,
except as designated by signage.
(h) (h)No aerial, antenna or satellite dish which is (i) over four feet in Height, as
measured from the point on any structure to which the aerial, antenna or satellite dish
is affixed; (ii) more than one meter in diameter; (iii) not attached to dwelling unit, or
(iv) of a color not approved by the Association, shall be permitted on any Lot.
(i) No abandoned motor vehicle as defmed in Minnesota Statutes Section 1 68B.02,
subdivision 2, as amended from time to time, shall be permitted to remain upon the
streets or driveways or on any Lot or parking area The Association shall have the
right to remove any such vehicle at any time, and assess the cost of such removal
against the Lot, which is owned or occupied by the person in control or possession of
such vehicle.
CD No fences shall be erected on any Lot.
(k) Except as herein permitted for Declarant, no business, trade, occupation or profession
of any kind, whether carried on for profit or otherwise, shall be conducted,
maintained or permitted on any Lot, except: (i) an Owner or occupant residing in a
Lot may keep and maintain his or her business or professional records in such Lot and
handle matters relating thereto by telephone or correspondence therefrom, provided
that such uses are incidental to the residential use of the Lot; and (ii) the Association
may maintain offices on the Property for management and related purposes.
(1) No Lot may be leased for transient or hotel purposes. Any lease of any lot shall be in
writing which shall be expressly subject to the Act, this Declaration and any Rules
and Regulations adopted by the Association and which provide that any violation of
the Act, this Declaration and any Rules and Regulations shall be a default under the
lease. No time-shares shall be created with respect to any Lot.
(m) No parking shall be permitted on private streets located within the Property in
accordance with any "No Parking" or "Fire Lane" signs posted by the Association as
requested by the Fire Department of the City of Andover.
Section 2. Rules and Regulations. The Association may adopt, amend and revoke rules and
regulations not inconsistent with the Articles of Incorporation, this Declaration or the Bylaws of
the Association, as follows:
(a) regulating the use of the Common Elements;
(b) regulating the use of Lots and the conduct of living unit occupants, which may
jeopardize the health, safety, and welfare of other occupants, which involves noise or
other disturbing activity, or which may damage the Common Elements or other living
units;
(c) regulating or prohibiting animals;
(d) regulating changes in the appearance of the Common Elements and conduct, which
may damage the common interest community;
(e) regulating the exterior appearance of the common interest community, including, by
way of illustration and not limitation, balconies and patios, window treatments, and
signs and other displays, regardless of whether inside a living unit;
(f) implementing the Articles of Incorporation, this Declaration or the Bylaws of the
Association; and
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(g) other rules facilitating the operation of the common interest community.
After notice and an opportunity to be heard, the Association may impose reasonable sanctions,
including the levying of reasonable fines and reasonable restrictions on services and use of
Common Elements, for violations of this Declaration, the Bylaws and the Rules and Regulations
of the Association.
ARTICLE VII.
EASEMENTS
Section 1. General. In addition to the easements, covenants, restrictions and conditions herein,
aU Lots shall be subject to easements and covenants hereinafter specifically described for the
benefit of the Properties or for the limited benefit of specified adjoining Lots, all as more fully
set forth hereinafter in this Article. Within such easements, no structure, planting or other
material shall be placed or permitted to remain which may damage or interfere with the
installation and maintenance of any utilities or sidewalk which may change the flow or drainage
channels within the easements or which may obstruct, retard or change the flow of water through
drainage easements. The easement area of each Lot and all improvements therein shall be
maintained continuously by the Owner of the Lot, except for improvements, which are the
responsibility of the Association, a public authority or utility company.
Section 2. Utility Easements. All Lots and Common Elements are hereby subjected to
easements in favor of the Association and the Owners of the Lots for the installation and
maintenance of utilities, including gas, telephone, electric and cable TV. The Association or its
proper representatives shall have the right of free access to any Lot or living unit for the purpose
of maintaining any utility service to any Lot on the properties. In addition, each Lot over which
a utility is in fact installed or constructed as part of the original utility system shall be subject to
an easement for utility purposes over the portion of the Lot upon which such utility services is
constructed.
Section 3. Easements for Encroachment. In the event that any buildings or other structures
originally constructed by the Declarant or constructed or erected thereafter on any Lot in
accordance with the Rules and, or approved by the Association, which encroaches upon any
other Lot, or, if any such encroachment shall hereafter arise because of settling or shifting of the
building or other cause, an exclusive easement appurtenant to said encroaching Lot for such
encroachment and the maintenance thereof shall exist.
Section 4. Easement for Maintenance. Declarant hereby grants an easement in favor of the
Association over and across each Lot for the purposes of the Association performing its duties.
Section 5. Emergency Vehicles. Declarant hereby grants a perpetual, non-exclusive easement in
favor of the City of Andover, a municipal corporation under the laws of the State of Minnesota,
on, over and across the Common Elements for the purpose of ingress and egress, for police, fire,
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rescue and other emergency calls, animal control, health and prospective inspection and to
provide to the owners other public services deemed necessary by the City of Andover and for the
purposes set forth herein.
ARTICLE IX.
TRASH REMOVAL
Section 1. Master Contract. The Association shall contract with a single provider for the
removal and disposal of garbage, trash and other solid waste from all Lots in accordance with
this Declaration. Each Owner shall be assessed monthly for such services from the provider
designated by the Association upon the terms, conditions and rates negotiated by the
Association.
Section 2. Charges. All charges imposed by the provider designated by the Association shall be
paid by the AssoCiation and shall be included in the general assessments to Owners. In the event
that any Owner requests any services not included within the basic/general charges of the
provider, the Owner, upon written demand by the Association, shall reimburse the Association
for any charges for such services, plus all related costs, including interest, attorney fees and
administrative charges of the Association. and if not paid by Owner, such charges shall be a lien
against the Lot. Any charge, lien or claim pursuant to this Article shall not be subject to any
maximum increase in general assessments.
ARTICLE X.
INSURANCE AND RECONSTRUCTION
Section 1. Liabilitv Insurance: Fidelitv Bonds. The Board of Directors of the Association. or its
duly authorized agent, shall obtain a broad form of public liability insurance insuring the
Association, with such limits of liabilities as the Association shall determine to be necessary,
against all acts, omissions to act and negligence of the Association, its employees and agents.
Section 2. Prooertv Insurance. Each Owner, by acceptance of a deed or contract for deed on a
Lot, covenants to cooperate with the Association to maintain and timely pay the Owner's share
of premiums on a master insurance policy, including fire, extended coverage, vandalism and
malicious mischief, with all risk endorsements insurance, and such additional insurance as may
be required by the Federal National Mortgage Association and the Federal Home Loan Mortgage
Corporation, if applicable. The Association, through its Board of Directors, may obtain and
continue if effect master property insurance in form and amounts satisfactory to cover a
minimum of the entire replacement cast for all of the living units located on each Lot of the
Properties, but without prejudice to the right of the Owner of said Lot to obtain additional
individual living unit insurance. Each Owner shall join in said master policy and pay a share of
the premiums thereon in such manner as determined by the Association. Any such master
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policies and coverage shall be purchased and carned by the Association on the Properties, and
the proceeds thereof shall be used exclusively for the repairs, replacement and reconstruction of
the Properties. Any insurance shall cover a minimum of the entire replacement cost of any
improvements located on the Property. Said master policy shall be issued in the name of the
Association as insurance trustee for the Owners, and shall provide that losses shall be payable to
the trustee and first mortgagee of record, if any. Any such master insurance shall cover loss by
damage and rue such hazards as are covered under standard extended coverage provisions and
may include such other and additional coverage's as the Association, through its Board of
Directors, deems necessary or desirable.
All policies, whether obtained by an Owner or the Association, shall prohibit cancellation or
substantial modification without at least thirty (30) days prior written notice to all insured's, the
Association, all rust mortgagees of record and the FHA and FNMA, if applicable. All said
insurance policies shall contain a cost of replacement endorsement.
Section 3. Insurance Premiums. If so determined by the Board of Directors, insurance
premiums for any master insurance coverage and other insurance coverage's shall be a common
expense paid by monthly assessments levied by the association; such payments shall be held in a
separate escrow account of the Association and used solely for the payment of master property
insurance premiums and other insurance premiums as such premiums become due. An Owner
by acceptance of a deed or contract for deed thereof, conveys, covenants, constitutes and
appoints the Association or its Board of Directors as the Owner's true and lawful Attorney-In-
Fact to act in connection with all matters concerning the purchase and maintenance of all types
of property and liability insurance pertaining to the properties, the ownership of any respective
Lot and living unit thereto with any insurance company or group of insurance companies.
Without limitation on the generality of the foregoing, the Association, as insurance trustee, has
full power and authority to purchase and maintain such insurance, to collect proceeds and to
distribute the same.
Section 4. Lien for Premiums. The Association may, but shall not be required to, make payment
of insurance premiums on behalf of any Owner who becomes delinquent in such payment or the
first mortgages of any lot may, but shall not be required to, make such payments. In the event
that the Association or the first mortgagee does make such payment, then such payment and the
cost hereof shall be treated as if it is part of the common expense assessment and shall be a
charge and a continuing lien on the Lot for whose benefit such premium payment is made, and
the person obligation of the Owner of such Lot, from the time when such premium payment is
made.
Section 5. Use of Proceeds. In the event of destruction or damage by causes covered by
insurance referred to in the Article X. all proceeds of said insurance coverage shall be payable to
the Association as insurance trustee for the Owner or Owners of the damaged Lots. Said
insurance proceeds shall be applied and administered as follows:
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(a) In the event of an insured loss to a Lot, all insurance proceeds paid to the trustee and
the first mortgagee of record if the damaged Lot shall be deposited in a title
insurance company acceptable to them to be held in escrow for restoration.
(b) In the event of an insured loss to a Lot, the Owner of such Lot with respect to which
the insurance loss occurs shall, with thirty (30) days after the insurance proceeds are
deposited with a title insurance company in accordance with paragraph (a) above,
enter into a firm contract with a qualified builder providing for the reconstruction of
the improvement, in substantially the same condition as existed immediately prior to
the insured loss; provided, however, that no contract shall be entered into by such
Owner fur an amount in excess of the insurance proceeds then held by the title
insurance company until additional funds are deposited in escrow as above provided
by such Owner sufficient to cover all construction as determined by the title
msurance company. Said reconstruction shall be commenced and completed with
due diligence and in no event shall said work be completed later than one-hundred-
eighty (180) days after said insurance proceeds are deposited in escrow as aforesaid.
The Association and first mortgagee of record of the Lot affected shall have the right,
but not the obligation, to deposit said additional funds in excess of the insurance
proceeds as may be required to permit construction as herein provided; provided that
if such additional funds are deposited by the Association, the Association shall
reimburse itself by a special general assessment against all Lot owners in such annual
installments as the Association may determine.
(c) In the event such Owner fails to enter into a contract as provided in paragraph (b)
above for the reconstruction of the improvement as provided above or, in the event
that reconstruction is not commenced or compeleted as provided above, then the
Association as trustee, with the consent of the rust mortgagee of record, or the first
mortgagee of record with the consent of the trustee, shall have the right, but not the
obligation to enter into those contracts which it deems necessary to complete said
reconstruction of the improvement on the Lot; and the Association as trustee or first
mortgagee shall have the right to have said insurance proceeds applied in satisfaction
of any obligations incurred pursuant to said contract, without liability of any kind to
the Owner. The Association or the first mortgagee may employ any bonded party or
parties as its agent exercising those functions given to it in this Article. The
Association or the first mortgagee shall be empowered to pay said agent a reasonable
fee for the services rendered by said agent and collect said charge from the Owner,
and in the manner as that which is provided in Article X. Section 3, for the collection
of an insurance premium paid by the Association.
(d) Disbursemeut of funds on deposit pursuant to Article X, section 5 (b) and (c) shall be
made by the title insurance company selected as hereinabove provided, subject to the
following:
(i) Receipt by the title insurance company of a written consent of any party
holding a lien or encumbrance on said Lot.
(ii) Receipt by the title insurance company of such construction statements, lists
of subcontractors, lien waivers and receipts, as it shall determine to be
appropriate. Disbursements may be periodic or progress payments, and the title
insurance company may make such inspections and withhold such payments, as it
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deems necessary to insure completion with the plans and specifications. The title
insurance company shall be entitled to charge and the trustee shall be empowered
to pay a reasonable fee for the services rendered by the title insurance company,
and the Association as trustee may collect such charge from the Owner, and in the
same manner as that which is provided for in Article X, Section 3 for the
collection of insurance premiums paid by the Association.
(iii) In the event a contract is entered into pursuant to Article X, Section 5 (b), the
written consent of such Owner to said payment must be obtained.
(e) Nothing contained in this Article shall be construed to make the Association or the
first mortgagee of record responsible for collection or non-collection of any
insurance proceeds; said Association or first mortgage being responsible solely for
the insurance proceeds, which come into their hands. Such Owner of a Lot damaged
or destroyed by causes referred to above shall collect or cause to be collected from
the insurance carrier involved the proceeds of the policy covering his Lot for the use
of the trustee and the first mortgagee as herein provided.
(f) In the event that a reconstruction contract is for any reason not entered into pursuant
to the provisions of Article X, section 5 (b) and (c) within one hundred-eighty (180)
days after the deposit of insurance proceeds with the title company as herein
provided, -said title insurance company shall disburse said proceeds to all mortgages
of record of the affected Lots as its interest appears to retire the indebtedness secured
under said mortgage, and disburse the remaining deposits, if any, to such lot Owner,
as the interests may appear.
Section 6. Waiver of Subrogation. All policies of physical damage insurance shall contain
waivers of subrogation and waivers of any defense based on coinsurance or of the invalidity
arising from acts of the insured and it shall provide that such policies may not be cancelled or
substantially modified with at least thirty (30) days prior written notice to all insured's, the
Association, and all of the mortgages of record of the Lots, and to the FHA or FNMA, if
applicable.
Section 7. Insufficient Proceeds. If the proceeds of the insurance are not sufficient to defray the
estimated cost of reconstruction or repair of damaged properties and/or the Common Elements
by the Association or if at any time during the reconstruction or repair or upon completion of
such reconstruction or repairs, the funds for the payment of costs thereof are insufficient,
assessments shall be made against the Owners who own the damaged properties or who have
assigned their rights in repairs. The Association shall have a lien on any funds advanced on
behalf of such Owners.
Section 8. Other Insurance. The Association shall procure and maintain the following
additional insurance coverage:
(a) Fidelity coverage against dishonest acts on the part of Directors, Managers, trustees,
employees or volunteers responsible for handling funds collected and held for the
benefit of the Owners. The fidelity bond or insurance shall name the Association as
the named insured and shall be written in an amount sufficient to provide protection
which is in no event less than the amount required by the Act or the estimated
.
.
maximum amount of funds, (including reserves), in the custody of the Association or
management agent at any given time. An appropriate endorsement to the policy to
cover any persons who serve without compensation shall be added if said policy
would not otherwise cover volunteers.
(b) A comprehensive policy of public liability insurance covering the Common Elements
in an amount not less than three hundred thousand dollars. Such insurance shall
contain a "sever ability of insurance: endorsement which shall preclude the insurer
from denying the claim of the Owner because of negligent acts of the Association or
other owners. The policy shall include such additional coverage's, endorsements or
limits as may be required by regulations of the Federal Housing Administration,
("FHA"), or the Federal National Mortgage Association ("FNMA"), as a precondition
to their insuring, purchasing or financing a mortgage on a Lot
(c) Workers Compensation insurance as required by law.
(d) Directors and officers liability insurance with such reasonable limits and overages as
the Board of Directors may determine from time to time.
(e) Such other insurance as the Board of Directors may determine from time to time to
be in the best interests of the Association and the Owners or as may be required by
the Act.
Section 9. Deductibles. As to any deductibles under any insurance overages obtained by the
Association, the Board of Directors may:
(a) pay the deductible as a general common expense;
(b) assess the deductible amount against any Lots affected in a reasonable manner; or
(c) assess the deductible against any Owner and the Owner's Lot if the loss was caused
by the act or omission of the Owner, or the Owner's agents, employees, invitees,
guests or anyone occupying the Lot with the expressed or implied permission of the
Owner.
ARTICLE XL
RIGHTS OF ELIGIBLE MORTGAGEES
Section 1. Consent to Certain Amendments. The written consent of eligible mortgages
representing at least fifty-one percent (51%) of the Lots 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 this Declaration, Articles of Incorporation or Bylaws of the Association
which causes any change in the following:
(a) voting rights;
(b) increases in assessments that raise the previously assessed amount by more than
twenty-five (25%), assessment liens or priority of assessment liens;
(c) reductions in reserves for maintenance, repair and replacement of Common
Elements;
(d) responsibility for maintenance and repairs;
(e) relocation of interests in the Common Elements or right to their use;
(f) redefinitions of any Lot boundaries;
(g) convertibility of Lots into Common Elements or vice versa;
. .
(h) expansion of the Property or the addition or withdrawal of property to or from the
Property;
(i) hazard offidelity insurance requirements;
G) leasing of Lots;
(k) imposition of any restrictions of the leasing of Lots;
(1) restoration or repair of the Property, (after hazard damages or partial condemnation)
in a manner other than that specified in this Declaration;
(m)any action to terminate the legal status of the common interest community after
substantial destruction or condemnation occurs; or
(n) any provisions that expressly benefit mortgage holders; or insurers or guarantors of
mortgages.
Notwithstanding the foregoing, implied approval of a proposed amendment shall be assmned
when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment
within thirty (30) days after it receives proper notice of the proposal, provided that the notice
was delivered by certified mail with a return receipt.
Section 2. Consent to Certain Actions. The written consent of Eligible Mortgagees representing
at least sixty-seven percent (67%) of the Lots that are subject to first mortgages, (based upon one
vote per first mortgage owned) shall be required to abandon or terminate the common interest
community, subject to any greater requirements contained in the Act.
Section 3. Consent to Subdivision. No Lot may be partitioned or subdivided with the prior
written approval ofthe Owner, Eligible Mortgagee thereof, and the Association.
Section 4. No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey
his Lot shall not be subject to any right of first refusal or similar restrictions.
Section 5. Priority of Lien. Any holder of a first mortgage on a Lot or any purchaser of a first
mortgage at a foreclosure sale, that comes into possession of a Lot by foreclosure of the first
mortgage or by deed or assignment in lieu of foreclosure, takes the Lot free of any claim for
unpaid assessments or other charges or liens imposed against the Lot by the Association which
have accrued against such Lot prior to acquisition of possession of the Lot by said first mortgage
holder or purchaser;
(a) except as provided in Article Ill, Section 9 and the Section 5l5B.3-116 of the Act;
and
(b) recorded doc.
(c) a condemnation loss or any casualty loss which affects a material portion ofthe Lot
securing the mortgage.
(d) a sixty (60) day delinquency in payment of assessments or charges owed by the
Owner of a Lot on which it holds a mortgage.
(e) a lapse, cancellation or material modification of any insurance policy maintained the
Association.
(f) a proposed action, which requires the consent of a specified percentage of Eligible
Mortgagees.
.
ARTICLE XII.
SPECIAL DECLARANT RIGHTS
Section 1. Period of Declarant Control. Notwithstanding anything in this Declaration or the
Association Bylaws to the contrary, the Declarant shall have the right to control the management
and affairs of the Association until the earlier of the following events:
(a) sixty (60) days after the conveyance of seventy-five (75%) of the Lots to Lot Owners
other than the Declarant, or
(b) five years from the date of the recording of this Declaration.
During this period of Declarant Control, the Declarant, subject to the Bylaws, shall have the sole
right to appoint, revoke and replace the officers and directors of the Association.
Notwithstanding the foregoing, the Owners other than the Declarant shall have the right to
nominate and elect not less than thirty-three and one-third percent (33 1/3%) of the directors at a
meeting of the Owners which shall be held with sixty (60) days following the conveyance by
Declarant of fifty percent (50%) of the Lots authorized to be included in the Common Interest
Community.
Section 2. Maintenance of Sales Offices. Notwithstanding anything herein to the contrary, so
long as the Declarant owns an interest in a Lot, the Declarant may maintain advertising signs on
any part of the Common Elements and sales offices, management offices and model units in any
Lots or in on any part of the Common Elements and such sales offices and model units may be
relocated by Declarant from time to time. There shall be no limit on the location of such offices
or model units.
Section 3. Easements in Favor of Declarant. Notwithstanding any provisions contained herein
to the contraI)', so long as construction and initial sale of Lots shall continue, Declarant shall
have an easement over and across the Common Elements for the purpose of carrying out its sales
activities and for the purpose of completing the construction on any Lots, including without
limitation the right of vehicular ingress and egress, vehicular parking, material storage, and the
maintenance of business offices, signs, model units, and sales offices, and Declarant shall have
an easement for access to such facilities; provided, however, that Declarant shall promptly
restore any damage to the Common Elements by reason of any construction incident to the
foregoing. This Section may no be amended without the express written consent of the
Declarant.
ARTICLE XIII.
FLEXIBLE ASSOCIATION
(Intentionally left blank)
Section 1. Enforcement. The Association, or any Owner shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, conditions, covenants, reservations, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the
. -
Association or by any Owner to enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter.
Section 2. Severabiltv. Invalidation of anyone of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions, which shall remain in full force and
effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and
bind the land and shall be perpetual.
Section 4. Annexation. Additional residential or commercial property and Common Elements
may be annexed to the actldeclarationlbylawslrules & regulations by the Declarant, their
successors and assigns, for a period not to exceed a 10 years. This right shall pass to their
assignees and successors of the declarant, if any.
Section 5. FHAIV A If the Common Interest Community has received approval from the
Federal Housing Administration or the Department of Veterans Affairs, the following actions
with require the prior approval of the Federal Housing Administration or the Department of
Veterans Affairs, during any period of Declarant control: annexation of additional properties,
dedication of Common Elements and amendment of this Declaration, the Articles of
Incorporation of the Association or the Bylaws of the Association.
Section 6. 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 Declarant written notice of such tender, the specific nature of the action and an opportunity
to defend against the action.
Section 7. Conflicts Among Documents. In the event of any conflict among the provisions of
the Act, this Declaration, the Bylaws of the Association or any Rules and Regulations adopted by
the Association, the documents shall control in the following order:
(a) The Act;
(b) this Declaration;
(c) the Bylaws; and
(d) the Rules and Regulations.
Section 8. Interpretation. As appropriate, each reference to a masculine pronoun shall include
the feminine and neutral pronoun and each reference to a singular pronoun shall include the
multiple pronouns and vice versa.
Section 9. Limited Common Elements. All portions of the Property other than the Lots are
Common Elements. Certain portions of the Common Elements designed to serve a single Lot
are, by operation of Section 515B.2-102 (d) and (f) of the Act, Limited Common Elements
allocated for the exclusive use by the respective Lots served thereby to the exclusion of other
Lots. In addition, the driveways adjacent to and serving each Lot are Limited Common Elements
-
.
allocated for the exclusive se of the respective Lots to the exclusion of other Lots. In addition,
the driveways adjacent to and serving each Lot are Limited Common Elements allocated for the
Exclusive use of the respective Lots to the exclusion of the other Lots. Additionally, the entry
area and air conditioning equipment serving each Lot and the stairs and/or the patio/deck area, if
any, which are accessible from each Lot are Limited Common Elements allocated for the
exclusive use of such Lot to the exclusion of the other Lots. The air conditioning equipment
which is a Limited Common Element, allocated to each Lot shall be maintained, repaired and
replaced by the Owner of each such Lot at such Owner's sole cost and expense. All other
portions of the Limited Common Elements shall be maintained as Common Elements under and
pursuant to the provision of Article IV hereof. The expense of any such maintenance and repair
shall be charged to the Lot as Common Expense under and pursuant to the provisions of Article
III hereof.
Section 10. Condemnation. In the event of the taking of any of the Common Elements by
eminent domain or any action or proceeding in lieu of eminent domain (hereafter,
"condemnation"), the Association shall represent the Owners in any such condemnation, or in
negotiations, settlements and agreements with the condemning authority, and each Owner hereby
appoints the Association as his attorney-in-fact, irrevocably, for such purposes. If deemed
necessary by the Association, it may obtain the services of a trustee to act on behalf of the
Owners in carrying out any functions under this Section. In the event of a condemnation of part
or all of the Common Elements, the award of proceeds of settlement shall be payable to the
Association. All proceeds payable with respect to any condemnation of Common Elements shall
be applied to the restoration or repair of such Common Elements remaining after such
condemnation or to such purposes as may be in accordance with the function and powers of the
Association and the welfare of the Owners.
If all of a Lot is taken through condemnation, or if so much of a Lot is taken that the remaining
property cannot reasonably be used for a purposes allowed by this Declaration, then the entire
Lot shall be considered condemned and the Owner's interest in the Common Elements and
Association shall be deemed to cease on the date such condemnation is completed.
If part of a Lot is taken through condemnation, but the Lot can still be used for a purpose
allowed by this Declaration, then there shall be no effect on the Lot Owner's interest in the
Common Elements or the Association.
Any proceeds of any condemnation with respect to a Lot shall belong and be paid to the Owner
thereof and his mortgagee, as their interests may appear.
Section 11. Dissolution. The common interest community created by this Declaration may only
be terminated with the assent given in writing and signed by not less than the Owners holding
eighty percent (80%) of the vote of the Association and eighty percent (80%) of the eligible
Mortgagees (each mortgagee having one vote for each Lot financed.) Together with the consent
of the Declarant(s) and successors & assigns rights of the Owners of the Lots as described in
Article XIII, Section 4.
. -
Upon termination of the common interest community, after payment of all the debts and
obligations of the Association, all Lots, Common Elements, and Association property shall be
administered in accordance with the provisions of the Act.
Section 12. SPECIAL RIGHTS GRANTED TO THE CITY OF ANDOVER. The City of
Andover, has executed various agreements with and secured certain covemants from the
Declarant and has a continuing interest in the performance of those agreements and covenants. .
Further, the City of Andover is concerned that all conditions requested by the City of Andover
are complied with and that the Property is developed and maintained in accordance with the plan
contemplated by this Declaration.
The Declarant, for itself, its successors and assigns and, by accepting a conveyance of a Unit,
and Owner, for the Owner, the Owner's family and guests, release and shall hold harmless the
City of Andover (including its elected and appointed officials, employees, servants and agents)
from all liability for enforcement or for nonenforcement of this Declaration, and further
expressly acknowledge that the City of Andover is not obligated to perform or to enforce
performance by the Declarant, the Association or others of any obligations contained in this
Declaration.
The City of Andover, at its option, and in its discretion, together with the consent of the
Declarant, may enforce for the benefit of itself or the owners, the specific provisions allowed
and or created in this Declaration.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed the date and
year first above written.
CREEKSIDE HOMES, LLC, declarant
BY:
Randi Erickson, chief manager
State of Minnesota
County of Anoka
The foregoing instrument was acknowledged before me this day of . 2001,
by Randi Erickson, chief manager of the declarant, CREEKSIDE HOMES, LLC, a Minnesota
Limited Liability Company on behalf of the Limited Liability Company
Notary Public
.
.
DRAFTED BY:
CREEKSIDE HOMES, LLC
c/o TOWN CENTRE REAL ESTATE SERVICES
241 JACKSON ST.
ANOKA MN 55303
763-427-4878
--
-
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 CounciImembers
CC: John Erar, City Administrato~
Jim Dickinson, Finance Dire or
FROM: Shirley Clinton, Treasurer
SUBJECT: Payment of Claims
DATE: September 4,2001
INTRQDUCTION
Attached are disbursement edit lists totaling $192,477.06 for claims related to the on going
business of the City of Andover.
DISCUSSION
Claims totaling $122,736.48 on disbursement edit list #1 dated 08-28-01 have been issued and
released.
Claims totaling $69,740.58 on disbursement edit list #2 dated 09-04-01 will be issued and
released upon approval.
BUDGET IMP ACT
The edit lists consist of routine payments with expenses being charged to various department
budgets and projects.
.
.
Mayor and Council Members
September 4,2001
Page 2 of2
ACTION REOUIRED
The Andover City Council is requested to approve total Claims in the amount of $192,477.06
and sign below:
Mayor
Mike Gamache
Councilmembers
Don Jacobson
Mike Knight
Ken Orttel
Julie Trude
Respectfully submitted,
Shirley Clinton
Attachments
.
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CITY OF ANDOVER
1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CLANDOYER.MN.US
TO: Mayor and Councilmembers
FROM: John Erar, City Administrator
SUBJECT: Supplemental Agenda - September 4, 200 I Council Meeting
DATE: September 4,2001
The City Council is respectfully requested to consider the following agenda items for Council
approval.
Council Discussion
Supplemental Information - Item 11. Special Use Permit Nature's Run PUD - Letter from Mr.
Bill Hupp requesting the item be tabled until the next regularly scheduled meeting.
Add to Agenda - Item 24. Letter from Anoka Area Ice Arena regarding the Andover Charitable
Gambling Ordinance
ACTION REOUIRED
Approve the Supplemental Agenda Items for acceptance to the September 4, 2001 Council
Meeting Agenda.
~-la4.-;,Ml 1 :31F>lw1 FROM
-
. Date: 8-31-01
From: Bill Hupp
Nature's Run
1650 Andover Blvd N.W.
Andover, MN 55304
. To: Mayor & Council Members
Subject: Request to table Nature's Run Ammended special use request and final plat
approval until the next regular council meeting.
Yours Truly
-
BiIJ Hupp
~~p ~& ?~~1 1A:<~ ..........,-...... .....
" @)
-
I
DATE: August 30, 2001 RECEIVED
TO: Andover Mayor - Gamache AUG 3 0 2001
Andover City Council Members - Jacobson, Ortel, Knight, Trude
Andover City Manager CITY OF ANDOVER
FROM: Fred Hamacher - Board Member Anoka Area Ice Arena
Andover Resident 26+ Years
Elly Froiland, Ie. Green - Arena Board Members
Andover Residents
Bill Ruckel - Arena Manager - Andover Resident 16+ Years
Other Arena Board Members
RE: Andover Charitable Gambling Ordinance
TheAnoka Area Ice Arena is an Andover community facility because it provides significant
services to residents of Andover. From day 1,20 years ago it has been communicated and
operated as an ill!! facility. It may be physically located in Anoka (90 yards from Andover line)
but it is not an Anoka facility. In watching recent council meetings this fact doesn't seem to be
understood. The language used at meetings where charitable gambling is discussed refers to an
Andover organization. We are an Andover organization (and Anoka and Ramsey).
-
Also in watching various committees on cable there is a perception that the arena is having
financial difficulties. That rumor is absolutely untrue. We are meeting all financial needs from
our current income sources. Our total ice availability is sold out for 2001/2002 season, has been
in the past, and will be in the future. Our only reason in pushing the Charitable Gambling
Ordinance change is equity among the communities we serve and continuing to keep our ice and
other rental fees low to our local area users.
We have not received any communication regarding our July 18th letter to the Council. In my
working career some kind of response (phone, etc.) would have shown professional courtesy
regardless of response. Since that communication we have met with some Andover parents who
utilize the facility advising them of our request to the Council regarding Charitable Gambling.
We believe they clearly understand that the residents of Anoka/Ramsey are subsidizing Andover
residents who use the Arena. We talked about how or what the Arena Board could do to correct
this inequity. We do not have a resolution but are exploring all options. The current unfairness
must be addressed.
Following is a broad-brush calculation of how the residents of AnokaIRamsey subsidize Andover
residents: There are two sources of income to meet arena expenses/mortgage/payrolI/etc.
Arena operations (Ice and other facility rental fees) plus Charitable Gambling Profits
Income contributed by arena operations $280,000
Amount by location
Anoka 17% $ 49,000
Ramsey 25% $ 77,000
Andover 58% $154,000
Note: Ratio's and values used are based on enrollment of those who sign up for hockey.
Assume similar ratios for soccer, etc.
-
-
,
Net Income contributed by Charitable Gambling $170,000
Anoka Location $110,000
Ramsey Location $ 60,000
Andover -0-
Total Income Portion of Expenses
Contributed using above percentages Difference
Anoka Area $159,000 $ 76,000 + $ 83,000
Ramsey Area $137,000 $112,000 + $ 25,000
Andover Area $154.000 $262.000 - $108.000
TOTAL $450,000 $450,000 -O-
We are non-profit so income is generally same as expenses. The more we generate in
income the less facility users pay. With Charitable Gambling in Andover we would
generate additional income which would result in charging arena users less.
For example if we had Charitable Gambling in Andover and it generated $60,000 in net
income then: Arena Expense would decrease $60,000 to $220,000
Charitable Gambling would increase $60,000 to $230,000
Under this scenario Andover difference would drop from $- I 08,000 to $-74,000.
As a courtesy, and to provide you upfront what your constituents will be receiving, I am
attaching a copy of a memo. This memo will be given to all those who will be
registering for the 2001/2002 hockey season. Registration is September 6, 7, 8 (next
week). Our clear preference is not to pass out this memo.
If we receive some type of response to this memo that would convey your openness to
discuss and/or consider a change in the current ordinance by Thursday September 6th, we
will not pass out the memo at registration which begins at 6:00 p.m. September 6th.
Our obvious goal is to change the Gambling Ordinance to allow the AAIA to set up a
Gambling operation in Andover therefore eliminating the obvious unfairness. By
changing the ordinance you are merely meeting a responsibility other local communities
recognize and helping your Andover residents who use this facility. Our Board think this
is a very clear concise issue with a very solvable resolution.
The council has expressed concern that 100% of Gambling profits generated in Andover
be used for Andover youth. Currently Andover youth are receiving significant benefit
from Gambling Profits generated in two other communities. Even with Charitable
Gambling in Andover, Andover youth would still get more value than (100%+) of profits
generated in Andover.
You should also be aware that we pick up mail in Andover - not sure if this is meaningful
but thought it was worth mentioning. Also you should know we have changed our
Banking arrangements to I st Regions Bank in Andover. Finally for the period August
20th to mid-October we are orovidine: ice for 3 Andover only based youth hockey teams.
This is a special request prior to normal hockey season.
.
-
I
Our board meets the last Wednesday of each month (next meeting is September 26,
2001). You or any representatives are welcome to attend. In addition we would
welcome any chance to meet one on one or with the council as a whole to resolve this
issue.
We are an Andover/AnokalRamsey community asset and prove it consistently and have
for 20 years. We absolutely reject the concept that we are an Anoka facility. It is time
for Andover to recognize the clear inequity that exists and change its Charitable
Gambling Ordinance to allow the Anoka Area (Anoka, Andover, Ramsey) Ice Arena to
operate a gambling function in Andover.
Again, thank you for your consideration of our request.
Fred Hamacher c;r~
4755 162nd Land NW
Andover, MN 55304
#763-427-7607
EllY Froiland
15019 Eagle Street NW
Andover, MN 55304
#763-434-9081
.
-
\
Date: August 30, 2001
To: Anoka Area Hockey Association Members
From: Anoka Area Ice Arena (AAIA) Board of Directors
For 20 years the primary objective of the AAlA has been to provide the ice needs of the
Anoka Area Hockey Association at the lowest possible cost (also low rates for indoor
soccer, baseball etc.) We have met this goal year after year. Any "outsiders" who
purchase ice hours pay a higher rate (market rates). We have kept rates low by first
building our first arena with pledged money and donated labor. Our debt was very low
thus low rates. In the late 80's we established a Charitable Gambling function to help
keep ice rates low but also to help with financing of a new sheet of ice because ice needs
were growing way beyond our supply. Since our second sheet of ice was opened we
have sold all ice available which helps keep AAIA rates low.
None of the municipals which we serve Anoka, Andover and Ramsey have financially
helped us except Anoka which donated the land and hookups for utilities. Therefore
what we earn from Charitable Gambling and Arena operations (ice and other dry floor
sales) helps pay debt and other expenses. These income sources have helped keep AAIA
rates below market. -
We currently have Charitable Gambling in Anoka and Ramsey but none in Andover
(which is 58% of AAlA youth served). The Andover Ordinance on Charitable Gambling
is restricted to Andover Organizations. (Whatever that definition is.) We consider the
arena to be an Andover facility (and Anoka and Ramsey).
The AAlA has requested a change in Andover Gambling Ordinance in order to set up a
gambling function in Andover. With an ordinance change the AAlA would have an
operation in all three municipalities it serves - Anoka, Ramsey and Andover. Thus each
municipality can indirectly help serve our youth. This help is at no expense to taxpayers
nor risk to the City of Andover and other municipalities. Currently with only Anoka and
Ramsey gambling locations the youth of Andover are getting the value of lower ice rates
with no gambling location. This is our reason to ask Andover to change its ordinance.
This change would then be fair to those who reside in Anoka and Ramsey.
At this time, it appears that Andover may not change its ordinance. We believe this is
unfair to the Anoka and Ramsey communities who because of Charitable Gambling
operations subsidize Andover community youth. If Andover changes its ordinance to
allow AAlA to set up a gambling operation this change would be fair to all residents of
Anoka, Ramsey and Andover because then we would have Gambling operations in all 3
communities. Calls to the Andover Council bv Hockev Association members who reside
in Andover may help them make a change that would be fair to all.
The arena board believes that this is a very clear concise issue with a very solvable
resolution. It also believes that the current unfairness between communities must be
addressed.
Andover City Hall-763-755-5100 Elly Froiland - 763-434-9081
Anoka Area Ice Arena - 763-427-8163 Fred Hamacher - 763-427-7607
CITY OF ANOKA COMMUNITY DEV NO. 266 P.2
MAY. 21.2001 9:53AM -'
.
'/,
J Sec~ion 17-:;
A..~TIe!.E VI:::I i
G~~3LING CONT~OLLZD BY THE
MJ:NN:::SO'1'A C::i.~'=1.!TA3LE G~'13LING CONT~DL 30A~D
Sec. ~7-50. S~a..='\.:.to I:'\co~:lora,=o::. The ~=ovisions of
Minnesota Sta~u~es, C~apter 3~9 are adopted a~c made a ~a=~
of this eOQe as if set out i~ full.
Sec. 17-51.
(a) ,. h" 1 . I
~~:l~=va_ e= ~'censes. Eac organ~zat~on app Y~~g
to t~e City for a~p=oval of a c~aritable ga~li~q
license to be issued by the Charitable Gambling:
CC~t=ol 3oa=d shall apply for app=oval to the C~ty
on a fo~ o=tained f=c~ the City Clerk. The
ap~lication shall state whe=e the gawbling shall
be conc.Uc~ed and the dates and hours during Which
the actiVity will be conducted. The application
shall be verified by a duly authorized officer o~
the o=ganization and by the designated ga~ling
~anager and Shall be accom~a~ied by an
investisa~icn fee in the amo~nt 0= SlOO. '
(b) Disa~-::=o"/a2 of !..ic~!":ses.. The City shall
disapp=cve a~ application for a lice~se from ~ne'
Chari~a~le Ga~ling Cc~~=ol =ca=d if:
(1) T~e Ci~y's inves~igation indicates tha~ t.~e,
crga~iza~ion or ga~ling ~anage= failed ~o
c===lv wi~h the terms or conditions of anv
- - .
o~her gambling license or indicates a historY
of no~compliance with state or local law
=egula~ing the o=ganizatio~fs sa~ling
activi-::ies; or
(2) The p=eoises on which the gambling is to be
conduc~ed a=e unsuitable for that PUrpose orl
the ti~es proposed for the activi~y
reasonably can be expected to disrupt other :
activities in the neighborhood.
(c) Aot:lroval of Licenses. The City may approve an
organization's application to the Charitable
Gambling Control Board for a ga~ling license
provided that subsection (b) coes not compel
disapproval, and the premises upon which the
activity is to be condUcted does not lie within a:
Residential District. Any such approval shall be,
conditioned Upon the following:
Sec. 17-30 aciceci =: 0==. 1~50-#6~2, Sec. 1. (O~c. t633 re?ealed by ~6~2)
Sec. l7-51(a) aciceci ~y O=c. ~ SSO-;::64 2. S~C _ ~.
Sec. 17-S1(b) acced =; O~~. 1;30-~5~2, Sec. 2. (C12=~:~ca:io~ o~;.)
Sec_ 17-50 amended by o=c. 1933-#704, Sec. 1.
Sec. 17-30 ~hrou;~ 17-54 re?ealeci by 0=d.1934-&72~. Sec. 1.
Sec. 17-50 amended by Ord. 19B9-nS29, Sec. I. effective 2-10-89.
Sec. 17-51 amended by Ord. 1989-0829, Sec. 1, effective 2-10-89.
- .~
0
6125762727 PAGE. 02
MAY 21 2001 10:54
l'lU. <:b~ t"'. =' .
MHY. 2::1. ~"''''1 ':I:~::lHM \,;11 Y Ur HNUKH \,;UMI"IUN11 Y 1!t..V Section ~/- 1 (c-L).
.
.\
(~) The applicant shall be required to spend ~ot
.- of its net pro~its derived fro~ lawfu~
gambling within the city of Anoka (profit
before lawful e~enditures) upon a lawful
pUrpose speci~ica~ly aesiqnated by the City
Council, unless the orqanization can show
that it spent an equivalent or greater sum
for the benefit of citizens of the City
wi~nin the preceding year without such
Council desiqnation.
(2) Any other condition imposed by the Council
which is reasonably calculated to effectuate
any legiti~ate city pUrpose.
Ssc. 17-52. -~nnua:t Renorts. At least thirty (30) days
prior to concucting its first qanbling occasion of the year
and on an annual basis therea~ter an organization applying
for an annual license shall file with ~~e city:
(a) Copies of the most recent annual Internal Revenue
tax filing ~ade on the organization's ~ehalf; and
Cb) Any lease agreement executed by the or~anization
in regard ~o premises leased for the conduct of
ga=~ling ac~ivities.
Sec. 17-53. Honthl \T Re'Oor':.s. Each orga~ization licensed to
cc~duct gambling activities in ~he City shall report ~on~hly
to the City i~s gross receipts, expenses and profits f~o~
those activities and the distribution of these profits,
itemized as to payee, pUrpose, a:ount and-cate of pa~ent.
This requirement may be sa~isfied by su~~ission of copies of
the monthly repo=~s =equired by ~he Charitable Ga~ling
Control Boare..
~ec. 17-32 2dded ~y Ore. 19SG-g6'~, Sec. 2.
Sec. 17-33 added by O.d. 1950-#642, Sec. 2.
Sec. 17-54 added :y O.c. 19SO-[;6~1, Sec. 2.
Sec. 17-55 added ~y Orc. 19S~-[;726, Sec. 2.
See. 17-56 added ~y D.d. 19S~-[;7~6. Sec. 1
Seetiou 17-51 a=ended by Ord. 1989-0829, Sec. I, effE!Ctive 2-10-89.
Sectiou 17-52 amended by Ord. 1989-#829, See. I, effective 2-10-89.
Section 17-53 amended br Ord. 1989-~829J Sec. I, effeceive 2-10-89.
Sections 17-54 thro~h 7-61 (regnding bingo) deleted by Ord. 1989-n~~9.
Sec. I. effective -10-89. ~" .
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MAY ~1 /~~1 1~:~~
CITY OF ANOKA COMMUNITY DEV NO.266 P.4
MAY. 21. 2001 9:54AM
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.' A3'I'ICr.::: IX
CRA..~Il'A3r.E GA.:.'!EL!NG EX:;:;~~T FROli STATE L;CENS!NG
Sec. 17-62. Statuto Ado~te~. ~he orcvisions of Minnesota
Sta~u~es, Cha~ter 349 ~elati~g to the licensi~g of cer~ain
kinds of gam~ling a~d the exe~ption from state licensing of
Ot~er kinds of ga~~ling are adopted and mace a part of this
code as if Set out in full. In addition, the regulations
imposed by this Article apply to the cClnduct of gambling
exempt from state licensi~g U~der Minnesota Statutes,
Section 349.:214.
S2C. 17-63. P~=-::i t ~eC"".li "!:"ed. No person shall directly or
indirectly condUct ga~ling exem?t fro~ state licensing
under Minnesota Statutes, Section 349.2~4, Subdivision 2,(b)
without a pe~it to do so as provided in this Code. SUch a
permit will allow up to five days of gambling activity
within a one-year period.
Sec. 7-64. o cranizations ~licr;b ;cense. 'l'he
license shall be issued only to a fraternal, religious,
veterans, or o~~er nonprofit organization whic~ has been in
existence fo~ at least t~~ee years and ~as at leas~ 15
active r.e:::.bers.
S~c. 17-05. A~~lica~ion. Tr.e application for a license
shall sta~e ~here the gambling activity will be conducteQ
and the dates and ho~rs fer which the activity to be
licensed will be cond~cted. The aoolication shall be
verified by a duly authorized officer of the organization
and by the designated ga~!ing manager. Ne app::!.icatien
shal::!. be accep~ed unless acco~panied by the fu:l permit fee.
Sec. 17-66. !ss1.:a~c~ of ?e::-r.tit. T~e standards for issuance
or c2nial of a ga~ling pe~it shall be iden~ical to those
set out Section 17-5~ for approval of s~:ate licenses. In
addition, 'no ?e~it shall be issued Until at least 30 days
afte~ the date of the atl":llication. The pe~it fee shall be
established by resolution in confor.mance with state law.
Sec. 17-67. ~inancial ~ecorts. Each organization permitted
to conduct charitable gambling under this Article shall make
all reports required of lice~sed crga~izations in Sections
~7-52 and 17-53 of t~is Code.
Sec. 17-68. :ic!eli-:v 3o:"ld. ~o ?e~i~ s~all be used under
t~is Article until the ga~ling ~anagar furnishes a fidelity
bond in the sum of s~o,ooo in faver of the org2niz2~ion.
The ~end shall be co~=itiened on the tai~hful perfo~ance by
~he roanage~ ot his d~ties. The bond shall ne~ be
cancellab::!.e eXCe~t ~=cn 30 davs ~ritten notice to the citv.
The council :t!'.ay, 'by ~~ani=o~s-vote, agree to waive the -
fidelity bond re~ire=en~. If s~ch waiver is g=antec, the
pe~it shall be endorsad to in=icate such action.
Article IX amended by Ord. 1989-829, Sec. 2, effect. 2-10-89.
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MHY. <::l.. <::~~l '::I:::>4HM
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; Sec. 17-69. ~dditional Rettula~ion. No person under the ,age
of.eighteen (1.8) sha~l participate in paddle wheels,
tipboards, pul~ tabs or raffles unless accompanied by a
parent or guardian.
Sec. 17-70. '~evocation. No pe~ittee shall have a vested
right in any permit under this ArtiCle and the permit ~ay be
suspended or revoked by the council at any time upon a
showin~ that (1) any misrepresentation had been made in the
permit application or in any report required of the
organization, or (2) the organization has violated or caused
to be violated any provision of this code or the applicable
state law. The holder of the pe~it shall be granted a
hearing upon at least ten ( 1) days notice before revocation
or suspension is ordered. The no~ice shall state the time
and place of the hearing and the nature of the charges
against the organization.
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Article IX amended by Ord. 1989-829, SEc. 2, effect. 2-10-8'9.
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MAY 21 2001 10:55 6125762727 PAGE. 05