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Home My WebLink AboutCC October 16, 2001 --~ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N, W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US Regular City Council Meeting - Tuesday, October 16, 2001 Call to Order - 7:00 PM 1. Resident Forum a. Code Violation Issue/Valley Drive NW - Planning 2. Agenda Approval 3. Approval of Minutes . Consent Items 4. Approve Special Use Permit (01-09)/Home OccupationlBeauty Salon!898 l38th Ave./Borgen _ Planning 5. Approve Ordinance Summary/Lawn Maintenance Ordinance No, 219- Planning 6. Accept Bids and Authorize PurchaseINew Fire Truck - Fire Department 7. Approve Sale of Used City Equipment - Public Works 8, Declare Costs, Order Assessment Roll, Schedule Public HearinglDelinquent Mowing Charges _ Clerk - 9, Declare Costs, Order Assessment Roll, Schedule Public HearinglDelinquent False Alarm Fines _ Clerk 10. Approve Advertisement of Used Equipment - Public Works II. Approve Anoka-Hennepin School District Agreement/School Liaison Funding- Administration 12. Waive Public Hearing/Adopt Assessment RolI/01-23/142nd Avenue NW/WM _ Engineering \ 13. Accept Feasibility Report/Waive Public Hearing/01-27/Creekside Estates 2nd Addition _ Engineering .J 14. Reduce Escrow/Developer Improvements/Woodland Meadows 3rd Addition _ Engineering 15. Approve Quotes/Free Skate Lighting/Hawkridge Park _ Engineering 16. Approve Amendment/Declaring Costs/99-35/W oodland Estates 2nd Addition -.: Engineering 17. Assign Various Development Projects to PIR Funding _ Finance Discussion Items 18. Receive Anoka County Sheriff Department Monthly Report - Administration/Sheriff 19. Consider Park & Recreation Commission Recommendation-Park Vandalism Reward Program _ Engineering 20. Public Hearing/Consider Extending Moratorium on Multi-family Housing/Ordinance No. 255 _ Planning 21. Approve Amended SUP/PUD/Alternate Townhome Design/Nature's Run Cont. _ Planning 22. Approve Association DocumentslNature's RunlBill Hupp and Avalon Homes _ Planning 23. Approve Final Landscape PlanlNature's RunlBill Hupp and Avalon Homes _ Planning 24, Approve Final PlaVNature's RunlBill Hupp and Avalon Homes _ Planning 25, Deny Special Use Permit (01-08)/Home Occupation!2487 139th Avenue NW/Hurkman _ Planning 26. Revisit Preliminary Plat/Association Documents/Devonshire Estates/Creekside Homes _ Planning 27. Andover Athletic AssociationlRequest for Ordinance Change - Administration 28. Approve Quotes/O 1-29/Fire Stations I & 2 Facility Repairs (Supplemental) _ Engineering Staff Items 29. Schedule Council W orkshop/Executive Session! Administrator Perfonnance Evaluation _ Administration 30. Joint City Council Meeting Agenda Topics - Administration 31. Mayor/Council a. Special Use PermitIBill's Superette- Attorney & Planning , Payment of Claims AdJournment (}) 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 Administrator?,,".!-- FROM: David L. Carlberg, Community Development Director SUBJECT: Resident Forum - Code Violation Issues/16200 Valley Drive NW - Planning DATE: October 16, 2001 INTRODUCTION At the October 2,2001 City Council meeting, Michael Hunt residing at 16200 Valley Drive NW addressed the Council regarding a letter he received concerning vehicles on his property. DISCUSSION Mr. Hunt indicated that he had several vehicles on the property that were not visible from any road. In addition, one of the vehicles is a four-wheel drive truck with a snow plow used to maintain the property but is not used on public roads. Staff has researched the nature of the complaint in regard to the vehicles not being visible from a public road. The complaint originated from a deputy of the Anoka County Sheriffs Department while investigating an unrelated issue. The deputy provided a listing of the unlicensed and/or inoperable vehicles. In regard to the unlicensed snowplow truck and the ability to have the truck classified as a farm truck, Ordinance No.8, Section 3.02 requires farm trucks to be licensed and registered as a "farm truck". Staff has been working with Mr. Hunt to bring the property into compliance. Staff is scheduled to meet with Mr. Hunt on his property on Friday, October 12,2001. I ACTION REOUlRED This item is an informational item. No action is required. Respectfully submitted, ~ /~ David L. Carlberg Community Development Director CC: Michael Hunt - 16200 Valley Drive NW I G I 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 Administratorft/ FROM: Vicki Volk, City Clerk SUBJECT: Approval of Minutes DATE: October 16,2001 INTRODUCTION The following minutes have been provided by Peach Associates for approval by the City Council: \ I October 2,2001 Regular Council Meeting (Jacobson, Knight absent) October 2,2001 Special Closed Council Meeting (Jacobson, Knight absent) 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. If for 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, d.;,L.' Odb Vicki V olk City Clerk ---- OJ , / 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 Administratorq3V' Dav;d Orrlb"g, Commuillty Devolopmont D~ FROM: Courtney Bednarz, City PlanrCJf SUBJECT: Approve Special Use Permit (OI-09)/Home Occupation/Beauty Salon/898 138th Ave./Borgen - Planning DATE: October 16,2001 INTRODUCTION The applicant is seeking approval of a special use permit to allow a home occupation beauty salon within the principal structure of the subject property. DISCUSSION Comparison of Proposal to Applicable Ordinances Ordinance 8, Section 5.03 provides the criteria to be considered in reviewing applications for in- home beauty salons. The proposal conforms to all applicable ordinances. The in-home beauty salon will be limited to one chair. Adequate parking is available in the driveway. The applicant will comply with all applicable state regulations. The hours of operation will be Monday through Saturday 9 am to 8:30 pm. The property is served by municipal utilities. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission unanimously recommended approval of this request. The commission indicated that there are several similar beauty salons throughout the community and that no significant problems have been experienced as a result. Attachments Resolution Location Map Beauty Salon Layout Planning and Zoning Commission Minutes I Cc: Rachel Borgen, 898 138th Ave NW --- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF RACHEL BORGEN FOR A HOME OCCUPATION BEAUTY SALON FOR PROPERTY LOCATED AT 898 138m AVENUE NW (PIN 35-32-24-13-0027). WHEREAS, Rachel Borgen has requested a Special Use Permit for a home occupation beauty salon for property located at 898 138th Avenue 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 4.30, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request; I 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 for a Home Occupation Beauty Salon on said property with the following conditions: 1. The establishment shall be limited to one (1) chair salonlbarber only. 2. The hours of operation shall be Monday Through Saturday 9am to 8:30 pm. 3. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. 4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. 5. The beauty shoplbarber shop shall be owner occupied. 6. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 7. This Special Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare ofthe community. j --- / 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 / I - Rachel Borgen' Special Use Permit #01-07 '. Beauty Salon Home Occupation 13951 - 13S 13928 13924 II- 1393 (/)1 I 13892 Sl13905 I I 13874 <{ 13887 I 0... 13867 I 13849 I N , I w-<r' Project Location Map s City of Andover Planning Department - t:..1A.c..h.L( \.;;>O'{'"J"--71 0 .of 0 I ~ O' . -"tY:' fV"" "",........v~. . . Sc...lO'f\. ~OL.\..rS - bJ o...rrt Mon- Sa...:l- ;\--(\. CDlA.(i-Y'-~) &dn'''''2- 'l-g~3D / ~L---- \J\'~ A f\' , W;r\c1.-ow I ....... -.'-'>\----1--------1 !-..~ -- ,r-----="- ?;\ I I . ..__ E. "" \ 1 I ~ :j\ ; i -; - , J _ _ " ',?C' '. ., D S~C. ;r " ",_, '> ~;- ;".~ G ~::..~- i -<::.::: --0 i ."" _ - U : ,/ f 0 .." : ':; i _l.. ra ::( i '~'\:' ' ~ i .A _ ~ _._ ._1 ;:>! VJ _/ ! h'l .l.. X .(; ----- i i'- ! -- s.. < _ -- _ ' ~ -:::J ".. . .__ , <) ____pe' i _ t j; \~_ , I , , ~ i I ~ I \ ~ <:;,\ i" / i V \.? \ I. """- \ _ -..1 ' '. \ C" ll"~ .. \ 0 ~ \... ~, \ :J, \ 1 ~i) -. 1 / "'-." I , . C' ~.' .v...'..... \. --> '.' ~ ~ '.: 1\, :: - I ), i '-1 --;:;::.;:~~::;:--:"l -01 /~ 0__ [). (- & , .j'--:"r r;o--_ --------- ,--::;0-'".::,',0{ ';. --,---- . ) "C', :--, " -'~2~! ~ ',,; ____._u _,'" :: . ,~_...-,"-- -'''''-- \ - -.:::-~~, 0;2-- -.-.--- r '~r'" .1 .~;} ~~ ~ ~ ~ I .':! \.I ~ If d,:;:; , _ J"; --'..m'""'<!'-'-""~;J~"'! t), ',--"", \:-'1 ",. -,) ." '''I '. . .... , i -s:.. .. "; \ --.... ".... r ,; i J / "" ! 4- [ ---- Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 \ Page 5 I Commissioner Falk stated that he would like to give the applicant credit for trying to put the request through. He stated that he has no choice but to vote for denial because of the ordinances. Commissioner Hedin stated that he agrees with the rest of the Commission. He mentioned that at least the applicant can use the structure for storage so the building isn't wasted. Commissioner Greenwald stated that he doesn't agree with the ordinance. He stated that he doesn't feel the ordinance is fair. He mentioned that he is concerned about growth and what would happen ifit became an issue. He stated that he wouldn't be able to vote for it because of the ordinances, however commended Mr. Hurkman for bringing it forward. Motion by Daninger, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, denying the Special Use Permit request of Ted Hurkel for a home occupation plumbing business to be operated out of an accessory structure on property located at 2487 139th Avenue NW. -- Further Discussion , Chair Squires mentioned that it's important when the Commission recommends denial to support it with findings. Commissioner Daninger stated that his intent was to include the six findings as prepared in the resolution. Commissioner Greenwald agreed. Commissioner Hedin suggested staff look at the possibilities of revising the ordinance. He stated that had the 3 acres been the only variance he would have voted for approval. He also mentioned that there are very nice accessory buildings out there that aren't a 100 feet from the front yard setback. Chair Squires suggested staff tal(e a look at the ordinance. Motion carried on a 6-ayes, O-nays, l-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be reviewed at the October 16, 2001 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (01-09) FOR HOME OCCUPATION BEAUTY SALON LOCATEDAT898138TH AVENUE-RACHEL BORGEN. Mr. Bednarz explained that the applicant is seeking approval of a special use permit to allow a home occupation beauty salon within the principal structure of the subject property. He stated that if approved all applicable ordinances would be required to be met. He stated that the in-home beauty salon would be limited to one chair. Adequate \ / parking is available in the driveway. The applicant will comply with all applicable state - - . ' Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 , Page 6 / regulations. The hours of operation would be Monday through Saturday 9 a.m. to 8:30 p.m. The property is served by municipal utilities. Commissioner Daninger questioned if the hours comply with the requirements, however they just need to be stated. Mr. Bednarz explained that the hours need to be stated in the resolution. Commissioner Daninger questioned if the hours the applicant is requesting is similar to other in-home beauty salon operations. Mr. Bednarz stated that the closing hours of other in-home beauty salons around the City vary between 5 p.m. and 8 p.m. Chair Squires questioned if there are certain requirements in the ordinance regarding the number of employees allowed to work in the operation. Mr. Bednarz stated that there are no employee limits but the business is limited to one chair which addresses that issue. Chair Squires questioned the sign requirements. Mr. Bednarz stated the requirements for residential properties. - Motion by Dalien, seconded by Hedin, to open the public hearing at 7:41 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Rachel Borgen, 898 138th Avenue, stated that she would be the only employee working in the salon. She mentioned that the cosmetology requirements with the state say that only one person can be employed in her salon because of the amount of square feet available. Commissioner Daninger questioned Ms. Borgen if she plans to be open until 8:30 p.m. Ms. Borgen explained that she just wanted to keep her options open. Chair Squires questioned Ms. Borgen if there is enough parking for more than one vehicle. Ms. Borgen stated that she has enough parking for two customers. Chair Squires questioned if there have been any calls with concerns regarding the request. Mr. Bednarz stated that he did have a few calls, however there were no complaints or concerns regarding the request. Ms. Borgen mentioned that she wouldn't be having a sign on her property. There was no further public input. Motion by Hedin, seconded by Daninger, to close the public hearing at 7:44 p.m. Motion carried on a 6-ayes, O-nays, l-absent (Kirchoff) vote. / --- Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 7 I Chair Squires mentioned that at one time he lived next to an operation such as this and found that there were never any problems. Motion by Falk, seconded by Hedin, to recommend to the City Council approval of Resolution No. -' approving the Special Use Permit request of Rachel Borgen for a home occupation beauty salon for property located at 898 138th Avenue NW, subject to the following conditions: 1. One (1) Chair salonlbarber only. 2. The hours of operation shall be Monday through Saturday 9 a.m. to 8:30 p.m. 3. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. 4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. 5. The beauty shoplbarber shop shall be owner occupied. 6. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 7. The Special Use Permit shall be subject to review at any time the City Council determines-this use ofthe property becomes detrimental to the health, safety, or general welfare of the community. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be up for approval at the October 16,2001 City Council meeting. OTHER BUSINESS Mr. Bednarz updated the Commission on related items that have recently been before the City Council. Commissioner Greenwald questioned if there is an update on the potential sports facility. Commissioner Daninger stated that they recently had a meeting. He stated that a lot of weight will be based on the results of the survey. He mentioned that some are concerned about the survey being conducted so soon after the terrorist attack and how it may affect the results of the survey. ADJOURNMENT Motioll by Falk, seconded by Dalien, to adjourn the meeting at 7:55 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. I CD , .;- 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~ Dav;d Cadb"g, Commmuty ovelopmont Dire'to~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Ordinance Summary/Lawn Maintenance Ordinance No. 219- Planning DATE: October 16, 2001 INTRODUCTION The City Council is asked to review the attached summary of Ordinance 219. The City Council approved an ordinance amending Ordinance 219 at the September 2nd meeting. DISCUSSION The City has the option to publish either the complete ordinance or an ordinance summary in the official newspaper. Ordinance summaries are often used in place of a complete ordinance to help defray costs when the ordinance is rather lengthy. The complete ordinance is on file at City Hall and may be reviewed during office hours. ACTION REOUlRED Approve the attached ordinance summary for publication in the official newspaper. Attachment Ordinance 219 Summary -- \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 219A SUMMARY AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 349. Policy The purpose of this ordinance is to require the removal of noxious weeds and to provide- minimum standards for lawn maintenance 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 Administrator 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 be deemed a limitation or repeal any other powers granted by State Statutes. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk and the Rum River Branch of the Anoka County Library. Adopted by the City Council of the City of Andover on this _ day of ,2001. . ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -~ @ , 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 Administrator1~ FROM: Dan Winkel, Fire Chief SUBJECT: Accept Bids and Approve Signing Contract to Build New Fire Department Tanker DATE: October 16, 2001 INTRODUCTION As approved at the September 4,2001 meeting of the Andover City Council, the fire department advertised and received bids for a new fire department tanker truck. , \ DISCUSSION , The new tanker truck is a scheduled replacement for an existing vehicle currently located at Station #2. The needs for a new tanker truck were reviewed and discussed by the Andover Vehicle Committee who found the replacement warranted. Two sealed bids were received by the deadline of October 9, 2001 at 10:00 a.m. The bids were from the following fire truck manufacturers: Pierce Manufacturing Inc. $229,995.00 General Safety Equipment $238,223.00 BUDGET IMP ACT Funding for the new tanker truck has been included as part of the 2001 Equipment Certificate. While both of manufacturers appear to meet or exceed the intent of the specifications, the Fire Chief is reviewing a number of items to ensure the quality of the truck. RECOMMENDATION Staff is requesting City Council approval to accept the bids and to also authorize signing a contract with Pierce Manufacturing to build the tanker truck. The anticipated delivery date is June 1,2002. 75::.n;;u;::W I Dan Winkel , / 0) \ 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't... FROM: Frank Stone, Public Works Superintendent SUBJECT: Approve Sale of Used City Equipment - Public Works DATE: October 16,2001 INTRODUCTION Public Works Division is requesting permission to sell two pieces of used city equipment. DISCUSSION One of the items is a utility box that was removed from a one-ton truck approximately one year ago and has been stored outside. The other item is a steel wheel roller purchased 10 years ago I and has been replaced with a new roller purchased this year. Both pieces of equipment have been advertised with Council permission last year, but no offers were received. Listed below are quotes received this year for each unit. Asphalt Roller $508.00 BaldwinTownship/Sherbume County P.O. Box 25 Princeton, MN 55371 Utility Box for One-Ton $500.00 Tom Perkins Inc. 17270 Partridge Street NW Andover, MN 55304 RECOMMENDATION Public Works recommends accepting these bids to sell these two pieces of used equipment and allow for more much needed storage space. ~~ Frank Stone Public Works Superintendent / Attachments 09/28/01 FRI 10:41 FAX 7633898931 BALDWIN TOWNSHIP ~001 BALIJ-WIN TOWNSIDP SIIEBBURNE COUNTY PO 80:1[ 25 Princeton, MN 55371 TelepJ:loae & Fa:: (763) 389.8931 emaU: baldwiD@.herbteJ.De~ q , ~ ~- 0 I B;.t> d ~ 1\ \. b. I..J ~ ,J '""'ic ".) ~s H.' P PlJ\c~s C).F So"'C",~ d Fo R. v S-t h t> L-'l-el( "..,,; P.....,C.~.t. 'p l-t A- S-t.. AOv:S~ ~r k.\/:) :S ACc.....}.MtJ oft 1<....~.e'i~1J '..</lft....r ~. e.4A /...: l.c: MA; w"t" s oJ ftd V~ s~,l. ---- I, C. CJ;~ / - -- Tom Perkins Inc. 17270 Partridge St Nw Andover Mn 55304 To City of Andover: Tom Perkins Inc. is interested in the purchase of a utility truck box located at city garage for price of 500.00 dollars thank you Contact Tom Perkins (763)753-9701 Mobile (612)221-0557 - @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 Administrator,,-..! FROM: Vicki Volk, City Clerk SUBJECT: Declare Costs, Order Assessment Roll, Schedule Public HearinglDelinquent Mowing Charges DATE: October 16,2001 INTRODUCTION - Section 5, Ordinance 219 provides for the collection by assessment unpaid mowing charges. The 429 assessment procedures apply for this collection. DISCUSSION As of September 30, 2001 the total delinquent mowing charges were $132.09. This amount is for three properties that were mowed by the city and billed to the property owners but were not paid. Therefore a public hearing needs to be held to declare the costs, order the assessment roll and schedule the public hearing. The proposed date for the hearing is Tuesday, November 20th at 7:00 pm. ACTION REOUlRED Council is requested to approve the resolution declaring costs and order the assessment roll. Council is also requested to approve the attached resolution scheduling the public hearing. , Respectfully submitted, ILL !/L& Vicki Volk City Clerk / --- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT MOWING CHARGES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent mowing charges in the amount of $132.09 exist as of September 30, 2001; and WHEREAS, Section 5 of Ordinance 219 provides for the collection by assessment of unpaid mowing charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $132.09 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2002, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such assessment in the Clerk's office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notifY the Council thereof CITY OF ANDOVER Attest: Michael R. Gamache- Mayor Victoria Volk-City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT MOWING CHARGES. WHEREAS, in accordance with City Ordinance 219 a listing of delinquent mowing charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 20th day of November 2001, at City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed Assessment to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember and adopted by the City Council at a meeting this _ day of ,2001, with Councilmembers voting in favor ofthe resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache-Mayor Victoria Volk-City Clerk I -- ffi 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 AdministratorflZ/ FROM: Vicki Volk, City Clerk SUBJECT: Declare Costs, Order Assessment Roll, Schedule Public Hearing/Delinquent False Alarm Fines DATE: October 16, 2001 INTRODUCTION Section 3, Ordinance 256 provides for the collection by assessment unpaid false alarm fines. The / 429 assessment procedures apply for this collection. DISCUSSION As of September 30, 2001 the total delinquent false alarm fines were $150.00. This amount is for two properties that each had three false alarms in one calendar year, were billed to the property owners but were not paid. Therefore a public hearing needs to be held to declare the costs, order the assessment roll and schedule the public hearing. The proposed date for the hearing is Tuesday, November 20th at 7:00 pm. ACTION REOUIRED Council is requested to approve the resolution declaring costs and order the assessment roll. Council is also requested to approve the attached resolution scheduling the public hearing. Respectfully submitted, U- (J& Vicki V olk City Clerk CITY OF ANDOVER I COUNTYOFANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT FALSE ALARM FINES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent mowing charges in the amount of$150.00 exist as of September 30, 2001; and WHEREAS, Section 3 of Ordinance 256 provides for the collection by assessment of unpaid false alarm fines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is , declared to be $150.00 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2002, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such assessment in the Clerk's office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. CITY OF ANDOVER Attest: Michael R. Gamache- Mayor Victoria Volk-City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT FALSE ALARM FINES. WHEREAS, in accordance with City Ordinance 256 a listing of delinquent false alarm fines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 20th day of November 2001, at City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. , 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed Assessment to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember and adopted by the City Council at a meeting this _ day of ,2001, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache-Mayor Victoria Volk-City Clerk --- @ 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 Administrator9t FROM: Frank Stone, Public Works Superintendent SUBJECT: Approve Advertisement of Used Equipment - Public Works DATE: October 16,2001 INTRODUCTION Public Works Division is requesting permission to advertise the sale of used city equipment. The units being sold are a 1988 Dodge % ton Pick Up Truck and two 1989 Ford F350 Dump Trucks. These units will be retired and the city has no future use for them. , DISCUSSION Since trade in quotes were extremely low, we would like to advertise to sell the trucks out right, which could bring in a higher price for these units. Replacement trucks should arrive in 30 days and at that time the replaced trucks would be advertised for sale. RECOMMENDATION Public Works recommends advertising to sell the above mentioned used equipment. Respectfully Submitted, ~~ Frank Stone Public Works Superintendent --- @ 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: Approve Anoka-Hennepin School District Agreement - School Liaison Funding DATE: October 16,2001 INTRODUCTION As indicated during 2002 budget discussions, Anoka-Hennepin School District will be increasing their level offunding for Anoka County school liaison police officers in district schools. DISCUSSION , The attached agreement provides the City with $38,367 for the 2001-2002 school year that began on July I 1, 2001 and ends on June 30, 2002. This amounts to an annual increase of approximately $20,000. It should be noted that the school district will likely increase this annual amount when an additional school liaison officer is hired for the new Andover High School in September, 2002. Per City financial records, the school district provided the following amounts in previous years. 1999 $13,869 2000 $18,370 2001 $18,370 BUDGET IMPACT Funding from the school district will partially reimburse the City for expenditures associated with police service contract costs for the 2001 and 2002 budget year. In 2002, the City will underwrite approximately $78,800 for school liaison services, which includes a school liaison officer at the Andover High School. Again, it is anticipated that the School District will increase their level of funding for the 2003-2003 school year. RECOMMENDATION Approve the Contract for School Liaison and Prevention Program Officer services between School District No. 11 and the City of Andover and authorize the City Administrator to execute the attached contract administration agreement. September 19, 2001 \ RECEIVED ~ohn Erar City Administrator St:D 2 ,.., Andover City Hall '-. : 2001 1685 Crosstown Blvd NW CITY OF A:,~Dn\f'::,~ Andover MN 55304 ..... ~ "'--.. i 1 Dear Mr. Erar, It is once again time to renew Anoka Hennepin School Districts' Police Liaison - Prevention Program contracts. Anoka Hennepin School District receives funds through the Crime Levy to purchase services from local law enforcement agencies. The amount that has been allocated to the City of Andover for the provision of police liaison officers and/or prevention programs like DAR.E. is $ 38.367 Please take some time to review the enclosed contract. There have been some changes. The term 'Prevention Program' has replaced 'DAR.E.' to give more flexibility to communities that are choosing a program other than DAR.E. for prevention instruction. The billing process has also been changed. You can now include your statistical information ( #4) and submit your invoice (#10) at the end of the school year. We greatly appreciate the services you are able to provide to your community schools by combining the School District Crime allocation with your own resources. I.have enclosed the following to help you administer the contract with the School District. / 1. Copy of the contract for the 2001-2002 school year. Please sign and return an executed contract as soon as possible. 2. Contract Administration Form. 3. School Calendar The invoice for services provided must include the name of the each school and the services Drovided (prevention Droaram name and/or Liaison Officer), the officer's name, and the cost incurred at each site as required by the Anoka Hennepin accounting department. ATTN: Cheryl Dugan AHLC 2727 Ferry Street North Anoka, MN 55303 763-506-1556 I look forward to working with you. If you have any questions, please do not hesitate to contact me. Sincerely, f]J- ~ Bob Otto ~tudent Services Program Supervisor 33-506-1560 / Enclosure --- / 2001-2002 Contract for School Liaison and Prevention Program Officer Services Between the Anoka - Hennepin School District No. 11 and the City of Andover This contract by and between the City of Andover (hereafter referred to as "City") and Anoka _ Hennepin Independent School District No. 11 (hereafter referred to as "District) is entered into under Minnesota law. PURPOSE: This contract is to address the need for the presence of pOlice officers in District schools to provide prevention program instruction and liaison service to the District schools recognizing these services: 1. Promote crime prevention within District schools. 2. Provide drug abuse education. 3. Coordinate activities between the District, the criminal justice system, and social services. 1. DEFINITIONS. Police Officers working in the District will be engaged in two authorized programs. The School Liaison Officers in the middle schools and high schools will serve students and staff primarily in the area of crime prevention. Officers in the prevention program in the elementary schools will present an approved prevention program which is a part of the fifth grade health curriculum. 2. OFFICER EMPLOYED BY CITY. City shall employ (or assign), in accordance with applicable state I statutes, a police officer or officers to serve as School Liaison and Prevention Program officer(s) in District schools. The selection or assignment of such officers shall be done by City in consultation with the principals in the area or City covered by this contract. City shall assume all obligations and payments with regard to officers' salaries and benefits including worker's compensation, PERA, withholding taxes, etc. District will reimburse City as defined in Part 10 of this document. 3. TERM OF CONTRACT. The term of this contract shall be from July 1, 2001 to June 30, 2002, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10. 4. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters shall be under the authority of City. If requested, District shall provide City with an appraisal of the services received. City shall provide District with a statistical summary report once a year indicating services provided at the secondarv level. Prevention Proaram schedules. and the name of the officer(s) providina the service. 5. LEVEL OF SERVICE. The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as assigned by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc., shall not be considered to be time spent as a School Liaison or Prevention Program officer. Time in excess of eight hours per day shall be paid according to the officers contract, providing such additional time has been approved in advance by City and District. Blanket approvals will not be accepted. , 6. DUTIES OF OFFICER. The list of basic duties and work schedule of the officer(s) shall be I cooperatively developed between City and District. --- 7. CLOTHING, EQUIPMENT, AND SUPPLIES. City shall provide any required clothing, uniforms, , vehicle, necessary equipment and supplies for officer to perform law enforcement duties. District shall provide School Liaison Officers with a private, lockable office, telephone, and supplies necessary for the officer to perform required duties as specified in paragraph 6 of this contract. 8. SCHOOL CALENDAR. District shall provide City with a school calendar. Liaison services will be provided during the regular school year. 9. TERMINATION. Either party may terminate this agreement upon 30 days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination. 10. DURATION AND COST. For and in consideration of the provision of School Liaison Officer and the Prevention Program Officer services in accordance with the terms of this contract, District shall pay City the sum $38 367. Request for payment should be submitted by June 15, 2002, of the fiscal year. 11. SERVICE TO SCHOOLS. The following secondary schools shall receive School Liaison Officer service as a result of this contract: Oak View Middle School The following elementary schools shall receive Prevention Program services as a result of this contract: Andover Elementary , Crooked Lake Elementary ) Rum River Elementary 12. SCOPE. It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands. City of Anoka - Hennepin School District No. 11 Signed By Signed By Director of Student Services/Diversity Title Date '. I @ , CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVERMN.US TO: Mayor and Council Members CC: John Erar, City AdministratOl~Y Scott Erickson, City Engineer I FROM: Todd Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RolllOl-23/3408 _142od Avenue NWIWM - Engineering DATE: October 16, 2001 INTRODUCTION This item is in regards to waiving the public hearing and adopting the assessment roll for 3408 _ 1420d Avenue NW for watermain, Project 01-23. / DISCUSSION The City Council at the October 2, 2001 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMPACT This will be assessed over a five year period. ACTION REOUlRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of watermain for Project 01-23, 3408 _ 1420d Avenue NW. Respectfully submitted, ~4-- I cc: Gregory Anderson, 3408 -142od Avenue NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 01-23, 3408 _142ND AVENUE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 2- years, the first of the installments to be payable on or before the 1st Monday in January, 2002 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment,to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 16th day of October ,2001, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk -- , ~; r-. ...J (") 0) C'! ~ ~~ ~ coO) co N_ r-. q 0 ~ ~ ...J I- ...J EI7 0 ff!. .....'>t ~ 0::0:: co ~I r-.(") q Lri~ (") W.... ~ ~ ..... 0) 0 >Z EI7 . ..... OW EI7 C::iE CIl ..... '>t ~ Zen 1U ~I C!!'>l: q ~ 0::: ..... ..... (") I <(m 0..... ..... M - 0) ..... 0 0 lI) EI7 . u.en 0 e ..... EI7 oen M CIl - ~~ ~ C exl r-. ~ ~ ~I ~ '>t q N ON (") -<( ~ co ..... O- N exl..... 0 M EI7 . 0 ..... W <>> EI7 N D. (")N ~ en 0 ~I '>t co q Z NO (") 0..... ..... Z exl N 0 EI7 - ..... a. EI7 c;C!> ~ "'" ON..... 0 q MO>Mr--O ~I ~cD (") d""':""':Lrid ~ ~ ..... .....01010 r-. N 0 EI7 . lOr--ooo> ..... MN'''': EI7 EI) EI) EI) EI) EI) ~ UJ () M","IOCOr-- 2 an 00000 ~ 2 00000 M Q) r-- :5 NNNNN N ~ ...... co I Q N <C ...... ..; 02" co co ll) '*l:-c: ...... - ...J I-<CN -- {3. 0 EI) <C ()::::~ ...... a.. UJe:::...... - ro_ .UJ' UJ C Q.l/l () :J '0 l!? 2 aI-co ~ 0 e:::<C0 ~ .5: Q) e::: o..~~ ....- 0 0.."= a.. , - ..>4 FR CITY OF Ar1DOUER 763 755 8923 TO 5727399 P.01/01 ~ ~,'-r- "': ~-~f:~if..' / Date Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements ., Dear City Engineer: - We do hereby petitio~ for improvements of~termain)sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be j 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.... -A "-' ct < ""',5 Gf--J Property Owner . r ~t"'~ Address 2:> 4D g l C:(~,u & Auc:::.. 1V,t.V, City. State,Zip A/lJclt> ueA... , M..t;;. SS30'-{- Phone (Home) lCo~ .-~~7- g l:::'~ (Work) (c;. 3 - 57;). - co30 :3 I Post-it" Fax Note 7671 To !f;>re .4..<.. '1-_ CoJDopt. Co. A-w ~ v' e'1f:..- Phone' Phone ~ CITY OF ANDOVER @ I 1685 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 Administratot Scott Erickson, City Enginee FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Feasibility ReportlWaive Public Hearing/Ol-27/Creekside Estates 2nd Addition - Engineering DATE: October 16,2001 INTRODUCTION This item is in regards to identifying the proposed assessments to the development of Creekside Estates 2nd Addition. DISCUSSION The City has received a petition which has been previously accepted by the City Council from the property owner for the improvements. The improvements were constructed in 1987 and assessments were deferred and now need to be distributed to proposed Lots 1-4. Previously adopted deferred assessments from Project 87-28 will need to be re-assessed to Lots 1-4, Block 1 Creekside Estates 2nd Addition. Therefore, the proposed assessment per lot (Lots 1-4) would be as follows: Feasibility Report Sanitary Sewer (Connection Charges) Total Amount Connection Charges PIN# Assessed (Proi. 87-28) (previously assessed) 27-32-24-31-0041 $844.60 4 Units Charge per lot $211.15 Watermain (Connection Charges) Total Amount Connection Charges PIN# Assessed (Proi. 87-28) (previously assessed) 27-32-24-31-0041 $3,880.00 4 Units Charge per lot $970.00 ~- Mayor and Council Members October 16,2001 Page 20f3 Sanitary Sewer & Watermain (Area Charges) Total Amount Total Acreage of Site PIN# Assessed (Proi. 87-28) (oreviouslvassessed) 27-32-24-31-0041 $3,389.10 1.95 Charge Per Lot $847.28 Watermain Area Charge per lot $423.64 Sanitary Area Charge Per Lot $423.64 Sanitary Sewer (Laterals) Total Amount PIN# Assessed (Proi. 87-28) Previously Assessed 27-32-24-31-0041 $8,931.56 4 Units Charge per lot $2.232.89 Watermain (Laterals) Total Amount PIN# Assessed (Proi. 87-28) Previously Assessed 27-32-24-31-0041 $6,097.08 4 Units Charge per lot $1.524.27 Street & Storm Sewer Total Amount PIN# Assessed (Proi. 87-28) Previously Assessed 27-32-24-31-0041 $17,308.36 4 Units Charge per lot $4.327.09 Note: All the City expenses are already included into the deferred assessment. $211.15/Lot $423.64/Lot $2,232.89/Lot $2,867. 68/Lot Watermain Watermain Connection Charge $970.00/Lot Watermain Area Charge $423.64/Lot Watermain Lateral Charge $1,524.27/Lot Sub-Total $2, 917. 91/Lot Mayor and Council Members October 16,2001 Page 3 of3 , Streets & Storm Sewer I Sub-Total I $4,327.09/Lot I Total Estimate Per Unit = $10,112.68/Lot (4 units) BUDGET IMPACT The $10,112.68 per unit would be assessed to Lots 1-4, Block 1 Creekside Estates 2nd Addition. ACTION REOUlRED The City Council is recommended to approve the feasibility report and waive public hearing. Respectfully submitted, ~~ cc: Robert Day, Taylor Made Homes, Inc., 3200 Main St., #310, Coon Rapids, MN 55448 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 01-27 FOR - SANITARY SEWER. WATERMAIN, STREET & STORM SEWER IN THE FOllOWING AREA OF CREEKSIDE ESTATES 2NU ADDITION. WHEREAS, the City Council did on the ~ day of October ,2001, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 16th day of October ,2001; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 40,450.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 40,450.70 and waive the Public Hearing. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 16th day of October , 2001 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. 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I ' I , I -'--..--.. ~~,~-- . .. . ,. ....~ _~ _.~ '___. ,___ . ". I I ' << " v '" I c, ,. '" I'" ".~ , ., ., '" '" ,', 1- " ., w " '" ., .. N " '" " " I" " ., I ' ~, - ,... t'=', ~:;... = ::.~-~ ..:: r.. =- ::.....r:-.!:! ; ~ ,~ -~ ,"':"!".' . r..,:2 !2'7': -:.:.:.:. !:?. '!:!_,':'::": ~l :~_;-,::\~n.~:.J.. .! '~ ;r,;.'~, ~'~" ," ') ..., @ J 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 Council Members t CC: John Erar, City Administrator Scott Erickson, City Enginee~ FROM: Todd Haas, Asst. City Engineer SUBJECT: Reduce Escrow/Developer ImprovementslWoodland Meadows 3rd Addition _ Engineering DATE: October 16,2001 INTRODUCTION This item is in regards to a request from Woodland Development to reduce the developer's escrow for the developer's improvements for Woodland Meadows 3rd Addition. DISCUSSION Attached are Pages 4 & 5 from the development contract that the City entered into with the developer Woodland Development Corp. The developer has completed the improvements and the as-built has been submitted, therefore the escrow can be released. It is recommended the cash escrow be released subject to the following: - The developer paying the plat escrow funds, which are currently deficient. Amount Reduce Available To Reduction Woodland Meadows 3rd Addition $5,000.00 $0.00 $5,000.00 ACTION REOUlRED City staff is recommending the City Council release the remaining developer escrows in the amount of$5,000.00 subject to the developer paying the deficient plat escrow funds for Woodland Meadows 3rd Addition. Respectfully submitted, ~iL-- cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake MN 55304 General Requirements: 1. Street lighting shall be owned. installed, operated and maintained by the electric utility cOrr\pany. City and electric utility company shall enter into a contractual agreement on the rate and maintenance of the street lighting system. 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 a'1d prior to the City awarding construction contracts for pUblic utilities. K. The Developer shall malee 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 Improvements Estimated Cost Date to be . Completed $tot'... ~e.wer f As Io~ 11- ::> B 0 1. f.e ti ft g,t1 OR of ~ ~!Gr:IdiAg/lbtot at; oa . ~. S(X) . ....-.. Ck:tOOer 15, 1999 2. Erosion Control/Street ~ing $ ~ao 3. $ 4. $ 5. $ 6. $ , 7. J 8. -4- . -- Total Estimated Construction Cost ~ for Developer's Improvements $~ .j4Ie& 0 . Estimated Legal, Engineering and t$ Administrative Fee (15%) $ ~ ...fGe. 0 Total Estimated Cost of Developer $3.162 ~J1 >8 0 Improvements $ Security Requirement (150%) $4;100- ~ c:> 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 , I 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%) 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 -5- -- 7O..,[.c! F<-< 1 fiRU;<f~~ __ 'en ,,,, ') ..... .......,r'., "-'. --~--~..~-~~: Sf:p 2 -., I September 27,2001 " 8 /! CITY -- !! O?- ?:;:":~. / I t /'<~ /" ;/ / ]/1 ! :~:::. j ~t/v"j../) l .~-..: ;(.. i j r ..--.:......../ Mr. Scott Erickson City Engineer City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 RE: Woodland Meadows Third Addition Dear Scott, I talked to you as well as Dave Berkowitz regarding the issue at Woodland Meadows Third Addition. We do agree to the project cost not to exceed $5,500.00 to Woodland Development. I I would like to pay this in cash at the appropriate time the City deems reasonable. I believe this would resolve the issue and I would also ask for the release of our $5,000.00 cash escrow to be done at this time. If you have any questions, please contact me at 763/427-7500. Sincerely, B~~und Executive Vice President BDW:yop , , I 13632 Van Buren St. NE Ham Lake, Minnesota 55304 (763) 427-7500 FAX: (763) 427-0192 www.woodlanddevelopmentcorp.com (Ii) 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 Council Members CC: John Erar, City Administratot Scott Erickson, City Enginee . FROM: Todd Haas, Parks Coordinator SUBJECT: Approve Quotes/Free Skate Lighting/Hawkridge Park - Engineering DATE: October 16, 2001 INTRODUCTION This item is in regards to approving quotes for lighting at the free skate rink at Hawkridge Park. The hockey rink already has adequate lighting. DISCUSSION Kevin Starr of Public Works has been concerned for quite some time in regards to lighting of the free skate rink (see attached memo). The park & recreation Commission has reviewed the , request from Public Works and agrees with the request. The 3 quotes received are as follows: 1. Aircon Electric $3,676.00 2. Certified Electric Inc. $3,923.00 3. AsWey Electric, Inc. $4,470.00 BUDGET IMPACT The improvement would be funded by Park Dedication Funds. ACTION REOUlRED The City Council is requested to award the quotation to Aircon Electric in the amount of $3,767.00 for lighting of the free skate rink at Hawkridge Park as recommended by the Park & Recreation Commission. Respectfully submitted, ~1::~ I cc: Valerie Holthus, Park Commission Chair ';'> ":'-. . -'," . -" ! , .,. ., ,.. '.-. .... .,' " -" ,a..". #' .', . ~ " . ". . . '. . . . . ~ ~". .~ "i-'I.,..y:""."f"A'N""O.'O'.' .VE.R" ... .. .' '~,.:." .,..... ." ....~...I...;';O..n.. ......,. . ". ...... ".. " .. 1685c'RoSsn5wN BOULEVARDN;W..'ANDOVER,MINNES6TA 55364 '. (612)'755"5100 .. ~ " "'-"", "J .. ..::.~.. :"".r.... ".>..,/,. ..;;','\' ""':''-;':'''~''''.' . ...._. ..,' ',. :"~'.....'~,.." .~ .0, ~: t.. _ . . . .' . . ;/ . ~ ' . .. .. .. ~ ~',. ;-. ,"" -;. "'Hawi~'id~~;J:lo6k~Y ~il{kLightiilg:' c. 'c'., ,:. .-. '... . ',~'. "'.' '.:- ..' .; , , .' . .,::. ;;' '.1 -' . ", .. ... ~ " , . . "." , : '. .. .. . . . .... .. 'As m~sto{y6u1a16W;HaWlGidg~ l\asvery little:liglit obthefree sk'ate:nclc, Thay~' ,.,'. ';. beeiltIymgtq'upgiade:this lighfmgpi'oblem forquite,,Sometlll1e:.V{e'h'avebicfs. ;': j.. forsome additionalijghtiIlgAt v.:ou1d. bE; ~6' 1000 'Yittfiitures: OIl ~a. 39. footcedar'. ,': . .po'r~.This'would.tal{ecare dftl1e,d<irk:rin./( pr6blem.tl~euse'oftbis)ill1cis~oing up:. . . .'_~very-:yeaJ-, 'M:~Y iepms are already JookiJ.1g forice:tlmethisyea:r:" .": .': '. "'~"'. - -~ "':,' ":,;, . "~' .'~' :', .',"- '.... '-': ,",' ". '.~' .:..... ,''". .. . ". 'W6w6uldne~d $'4,000.00 out ofPa.rk.D~dication to dotliis project..'.' , Let me'kno,,:i.f YOll ",'anfus to.move for:vaidwith this.... " ..i _ '. ,-'. '. '0 _ . . _ _' '- "'-'. . ..... . ',.,," '-.' '~- ," -"Ke'yi~'Stan-".\. '.", . ' , .. .. /. /.<'-' .,. ~ M"'-.rL---' . L, 1-:."~,~,' .' ..' '"..., - ~ '.' . t':'_ I ,",....,. '. .. ' .. >Y".-t:. r >.: ~'"' 0 \ .. ... '.' ... .... ". " ,L 'I: , ',' '. ..... ", ,j.. ... .~ "'~ '.. -',. ..- .~. . ~ ~ " " I' ;" '" ','... .'. ,,',J" "., ','. -" ", . .~ "or ., .' . ~ " .,. , l ' . . ~ ~ .- ., .' ,. .", .. . ' .. ".. .. . c", . . ~ . , - . '. . ~ :. '.. " ; ,'", . ," ~ .. . ,>\ ':. ,. ..... I' . I .... /.' ',. -.' ,< \, .. .... .--.'. ", ., i...... r l "'. ..... . " " ' J .< ~: "', .;. ". ' . .;~. -: I .... ... . . , .,. ',' .. , .. . ,. .. " .,,, "" ". ...."., ..', , ;"... .. - ......"'" ''''' .....'.......J ....1.1""" .c;...... ......-....., - . ....:::1... 'I' -........ -~". ...-. ........ ...................... .........,,... J Aireon Ellectric 2343 i3Sth lane." Andover, Minnesota 55304 CORPORATION (6/2) 757-~120 FAX (612) 757-6120 :.:~"~'R'i'~::S-~~jl!~~~~I~~ Ii' '!I . ... ~.1"'i""'"1. .. ~_ .... ., ~ Jllly 24, 2001 l--\ Aw\Cn~ ~ v A r.n: Kevin Starr City of Azluovcr 16g5 Cr~s,;town Blvd AndovCT, MN Pbone: i63.7,?:)-81 Hi Fa:>;; i6J-767-519D . ,. ... ,.. ,'.:' . Project: I:lc::kcy Rink ',... .. . ~, " 0.. ,_ ,.. The following i~ (JIll" pio.pe~al for e1e-;trj~! work l1c:cle.r1 for Hoek~:y ~!i,~.::::' " ; "f ..' ':;;,:" . . ..,. ~~. ~:.~ . . . . Furnish and jI:'laIl3Q;';.c';ii~po1e" ':: :.... ".:..~'..:"::..:., - . Trench ill 300' of 1"YwCpip~::tb.eiistblt service .......;.:.~... ...:.:.::.... ..... ::. ,: -.- · Aud 2 pole COllt:lCloT llndencio;;ut~:;::::.:. . . ';'...;:" ::'''.,'....;.:..:. .. ....::..; . hma!lz customer fur:iLsh::~ "iiiO:C>~)~li~'~<:lal halide fixtllIeS ,':"; :::;.,.::....'.:...: - .' ',.. ~',.'. ':' ~':. :. M' . . W~ Imv: "rnpos~d to Ir"t~1(2.::Pipe 'l::d~;:~t:ciil'lld for future figh~:"',:;" '''. . . .,' . . .' ~', . ~..; '..:. . Yu~\ have <lls~ biil'llled lllil,t ~le hole cotlld"6;'!l.ugured ill hytlre.C:ily of .Andoy~r E'luipm:nt. It has "..,m reflected r()rlhi.~ iu flUs pmp"o;.j.' . ...... . ..:.....::: :..... " . "."".., . .' .' -~"'~i..~l;'"",' ":.'.:::,,:. ...... ...... llltl\l e"tJn1ilte", pno~.f{lr above wo:'k: .~3,Q7(),\b't::.l "";';;1;t1',. . . ....... ...:' .... ., '.' '.:~':..'~,::<>::., ,':.:."::: ::":':~.'.::' ...:!~~~~jH~: . :.~::.. . ,,::':.:' ,i::,..<"::.:::,:.:'::'i "':...:' '" ... 'liT~~'1'b::of.l!.llY:hd~'b'Cl:ln'fi'.;litk,u, pie,",,: ~rW~'~f;'ti$},~$7-2120. '.::. "','::::"...:: "'. '." ~:. ~*,/ "'."c. ... I ..... . ," .. O;~. ... ......: .. . " .... ,',. .. J,., <ith.:tuAn:nt ..:,......:' ....:. .,., "'.: ..... ":'~!\:,:;.:.,.. . ',::;'.'!";:;"; '~:~'::'~".: ..., , "'!~..:t .,n,::.. """ .... . . ~ .~. ..... .,,' ... ., .. .. ..... '''',' .,., " t:\t'r"fy {')OClll1~!,,'Jll.Y\ W f.mIRid:o;\r:il Yt,1!:A.nd,wcTHnck(.y iUtlr.PuIL':O 72.10 J .due: ~ - . -- Certified CEfectric Inc. r------."-~ ~ F' -~. r::-: ~ \:' :~:'=- D r;-':';':':':':"_:::~.':-~.:r I 634 -139th Lane NW. I . ... . . Andover, MN 55304 i Of'T I 'i ,I ! . ~) ! ,,, # r ~ (763) 241-9238 , J . ! , ~___ ___ 0"," _". ..._ __~_'_,,~,__.,_" ~ "","" -,-.'). U_,_"_ Date: October 8, 2001 To: City of Andover - Kevin Starr From: Dave Brandt Re: Bid for Hockey Rink Thank you for the opportunity to bid the electrical work for the hockey rink for the City of Andover. Bid to include the following: - 1. Install weatherproof enclosure and lighting contactor 2. Trench in 320' of PVC to existing service 3. Supply and install 30' cedar pole 4. Mount 2 1 OOO-watt fixtures supplied by City of Andover . -' 5. Electrical permit and trenching included in this bid Total bid cost of materials and labor: $3,923.00 I -- Oot 08 01 08:1Sa A5hl~~ Eleot,..io, Ino. 763 786 2102 p.2 ASHL.EY ELECTRIC, INC. 8201 Central Avo. N.E. Suite M Spring lake Park, MN. 55432 , (763) 780.5025 Fax (763J 786-2102 ~ww.ashleye/ect'ic.com E$timated By: Mike Ashley Date: 10-5-01 Page: 1 CUSTOMIER NAME: Ci!'j of Andover I\tten: Kevin Star Adareu: 1685 Crosstown Blvd. . Andover, Mn. 55304 Phone: Hm; (763) 755-8118 Fax: 763-767-5190 ESTfMATE FOR: Installing lighting for Hockey Rink 1. We wil: furnish 30' cedar poles to be augured into the ground by the city. 2. We wi Ii be installing 300' of 2" PVC c:mduit to the existing service. 3. We wil! be installing a 2 pole lighting Gontactor in a weatMerproof endosure. 4. We wili install customer's 100o..watt metal halide fixtures. 5. We have estimated to install 2' condLlit underground for future lighting. 6, Trencher and boom truck rental inclu<le<! .,. Electrical Permit .. - Total Estimate for the above: $4,470.00 , Thank you for the opportunity'to give you this estimate , '---' -," .,., -..----\ ( WE PROPOSE hereby to fvr"I~I"l mfl!r,ni:lJ and lit!)()r . COrnpj~lo 111 accord~1(Jce with rt~<')vc ~Docifjcnti.;)n!-:, lor th~ ~um of; I i / P~v;';~;"';;',.jO ~o ~:;;;,;:---. ...dollars :$ .-.- I .... ..._~_._.... .__.- ~.__...-. ) ~(' 1 I THIS CSmI.ATF. IS FOP COMPU,TINC THF. JOO AS DESC~.!OC:D AOOYC. IT ^UlhO"~M-.;f; /'.(/ ,,1.1(:;' . I I"~ B'-SED ON CU~ liVALUATION AND OOES NOT INCLUDE MATC:RIAL Slgnawrc ro . .: :..--.:.;-'f,t::.-'.":-;T .____._.. _M__._W_ . i PF,ICr: INCREASES Ofl...DDITION/,L LABOR AND MATERIALS WHICH MA'( I OE RF,QLJIRED SHOULD UNFOnES(~N PROBLEMS OR ADVERSE Not~: Thi1. prODO!Htl moly be I WGATHFR CONOITiONS ARiSe AFTF, A THE WORK HAS STMHGP. withrJrJwn ':>y U::;. if r'\OI U~pl~d wll~ln_ c'y" I J I ACCEPTANCE OF PROPOSAl. The nhovo pr/e.., "po,oll/c"iOn!, Md j t:..,Mnioi'l.' Ire ~Itt,~f,jlclo:'y 4nd Mft t"lCroby at:Ofl!p1ftd. You arc lutr,Orlzt-d 10 0:0 Sj~r:~tv'" ..---... ..---. ....---. I I I lhfil work 0.0 sp~driC:d. (:'"ymonl Will b('l lTID.dO a$ o~;tline abOYo. \_c~:r. 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(763) 755-5100 FAX (763) 755-8923. www.CI.ANDOVERMN.US TO: Mayor and Council Members CC: John Erar, City Administratorj.(./ FROM: Scott Erickson, City Engineer SUBJECT: Approve AmendmentlDeclaring Costs/99-35/Woodland Estates 2nd Addition- Engineering DATE: October 16,2001 INTRODUCTION The City Council is requested to declare the (amended) costs and order the preparation of the assessment roll for the Woodland Estates 2nd Addition Development. DISCUSSION The City Council declared the cost for this project at the October 2,2001 City Council meeting. Upon further reviewing the file on this project, it will be necessary to re-declare the costs as I amended. The adjustment that is being made is reflected in the water and sanitary sewer trunk area charges applied to the project. The original cost calculation applied an area charge, which included the area of Outlot C. This outlot was not developed with the project and will be developed at a future date. The area charge applied to Outlot C has been removed from the original cost calculation and will be applied at the time this Outlot develops (see attached Special Assessment Worksheet). This adjustment reflects a final assessment cost of $14,770.29 per lot as compared to the previously declared amount of $14,925.24 per lot. The feasibility report estimated the project cost to be $16,276.86 per lot. This adjustment had previously been discussed with the developer and is recommended for approval. ACTION REQUIRED The City Council is requested to approve the attached resolution declaring the (amended) costs and directing the preparation of an assessment role for the improvement of sanitary sewer, water main, storm sewer and streets for Project 99-35, Woodland Estates 2nd Addition. Respectfully submitted, Q1~LL . Scott Erickson cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST (AMENDED) AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAINd STORM SEWER AND STREETS FOR PROJECT 99-35, WOODLAND ESTATES 2N ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $739.294.95 plus $17,300.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $211.102.04 and work previously done amount to $ 214.460.00 so that the total cost of the improvement will be $1.182.156.99 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 89,155.34 the amount to be assessed against benefited property owners is declared to be $ 1 ,093.001.65. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 2002, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 16th day of October , 2001 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk -- / _.JDOVER SPECIAL ASSESSMEN. , 2ROJECT NAME: Woodland Estates 2nd Addition PROJECT NO: 99-35 FEASIBILITY STUDY: Date February 10. 2000 Construction Amount: $832.000.00 ENGINEERS ESTIMATE: Date April 3. 2000 Eng's. Est. Const. Amount: $826.630.50 CONTRACT AWARD: Date Mav 5. 2000 Construction Amount: $718,682.45 FINAL CONTRACT COST: Final Construction Amount: $739.294.95 Engineering: $107,197.76 Aerial Mapping (1 % of street) $ 2,227.17 Drainage Plan (0.3% of street/storm) $ 1,077.66 Administration (3%) $ 22,178.85 Assessing (1 %) Invoice $ 7,392.95 Bonding (0.5%) $ 3,696.47 Legal & Easement $ 0.00 Advertising $ 594.39 City Expenses (including inspection) $ 32,108.47 Testing: Braun Interiec and Instrumental Research $ 7,541.06 Signs $ 6.873.26 SUBTOTAL $190,888.04 Construction Interest $ 20,214.00 TOTAL EXPENSES: (% of Final Contract Cost = 28.55451) + $ 211,102.04 - SEALCOATING: (17,300 SY x $1.00/SY) = $ 17.300.00 'OTAL PROJECT COST: = $ 967,696.99 Trunk Source and Storaqe: A..u A-..~v.rt.J Residential Watermain: Connection Charge $101.750.00 ~ @ $ 1.375.00) Area Charge $ 45,768.50 (38.3 Acres" @ $ 1 ,195.00) Residential Sanitary Sewer: Connection Charge $ 23,088.00 ( 74 Units" @ $ 312.00) Area Charge $ 43.853.50 ~ @ $ 1.145.00) TOTAL TRUNK SOURCE AND STORAGE: $ 214.460.00 City Share: $69,352.17 X 1.2855451 (see Table A, S, C, D and E) - $ 89.155.34 SUBTOTAL $ 125.304.66 SUBTOTAL TO BE ASSESSED $1,093.001..6.2: Current Assessment per Lot: $1,093,001.70/74 lots = $ 14.770.29 . Feasibility Study: Date February 10, 2000 Amount: $ 16,276.86 "At the request of the developer, Block 6 Lot 1 is being assessed as the equivalent of five single family residential lots. ""Outlots A, Band C not included in this assessment. I ASSESSMENT ROLL COMPUTATION~ 'J WOODLAND ESTATES 2ND ADDITION , CITY PROJECT #99-35 ANDOVER, MINNESOTA MFRA#12746 I. LATERAL BENEFIT SECTION 1 - SANITARY SEWER A. Final Construction Cost $223,286.00 B. Expenses (28.55451%) + $ 63,758.22 C. Subtotal - Sanitary Sewer $287,044.22 D. Less City share including expenses ($51 ,502.60 x 1.2855451) See Details below - Table A - $ 66.208.92 E. Total - Sanitary Sewer $220,835.30 F. Assessable $ 220,835.30/74 Lots $ 2,984.26/Lot Table A City Share of Sanitary Sewer - City Share for Oversizinq and Additional Depth Sanitary sewer oversizing, and additional depth for the benefit of the City of Andover, based on unit prices and difference in unit prices, as applicable. Item Unit No. Description Quantitv Price Amount Sanitary Sewer Oversizing A. 10" SDR 26 in lieu of 8" PVC SDR 26 24'-26' Depth 450 LF $3.00/LF $1,350.00 B. 10" SDR 26 in lieu of 8" PVC SDR 26 26'-28' Depth 237 LF 3.00/LF 711.00 C. 10" SDR 26 in lieu of 8" PVC SDR 26 28'-30' Depth 136 LF 3.00/LF 408.00 D. 10" SDR 26 in lieu of 8" PVC SDR 2630'-32' Depth 38 LF 3.00/LF 114.00 E. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 26'-28' Depth o LF 3.00/LF 0.00 F. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 28'-30' Depth 68 LF 3.00/LF 204.00 G. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 30'-32' Depth 427 LF 3.00/LF 1 281.00 H. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 32'-34' Depth 161 LF 3.00/LF 483.00 I. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 34'-36' Depth 191 LF 3.00/LF 573.00 J. 10" PVCAWWAC 900 in lieu of 8" PVC SDR 26 36'-38' Depth 156 LF 3.00/LF 468.00 Oversizing Total $5,592.00 , Sanitary Sewer Additional Depth / K. 8" PVC SDR26 5516'-18' Depth 136 LF $20.00/LF $2,720.00 L. 8" PVC SDR 265518'-20' Depth 492 LF 20.00/LF 9,840.00 M. 8" PVC 5DR 26 5S 20'-22' Depth 243 LF 20.00/LF 4,860.00 -2- --- ., , TABLE A Continued) Item Unit No. Description Quantitv Price Amount N. 8" PVC SDR 26 SS 22'-24' Depth 290 LF 20.00/LF 5,800.00 O. 8" PVC SDR 26 SS 24'-26' Depth 193 LF 20.00/LF 3,860.00 P. 8" PVC SDR 26 SS 26'-28' Depth. ~ 93 LF . . 20.00/LF .- 3,860.00 Q. 8" PVC SDR 26 SS 28'-30' Depth 191 LF 20.00/LF 3,820.00 R. 8" PVC SDR 26 SS 30'-32' Depth 126 LF 20.00/LF 2,520.00 S. 8" DIP in lieu of 8" PVC 20'-22' Depth 40 LF 17.00/LF 680.00 T. Extra Depth Manhole 43.9 VF 74.00NF 3,248.60 U. 8" x 4" WYE in lieu of 10" x4" WYE 12 EA 39.00/EA 468.00 V. 8" x 4" WYE in lieu of 10" x 4" TEES 3EA 168.00/EA 504.00 W. Outside Drop Section 19 VF 70.00NF 1,330.00 X. Outside Drop Connection 2 EA 1,200.00/EA 2.400.00 Additional Depth Total $45,910.60 Total Oversizing and Additional Depth $51,502.60 City of Andover Share - 100% Total $51,502.60 SECTION 2 - WATERMAIN A. Final Construction Cost $156,789.25 I B. Expenses ( 28.55451 %) + $ 44.770.40 C. Subtotal - Watermain $201,559.65 D. Less City share including expenses ($10,243.12 x 1.2855451) See Details below - Tables Band C - $ 13,167.99 E. Total- Watermain $188,391.66 F. Assessable $188,391.66/74 Lots $ 2,545.83/Lot Table B City Share of Watermain City Share for Pipe Oversizing Watermain oversizing for the benefit of the City of Andover, based on unit prices and difference in unit prices, as applicable. Item Unit No. Description Quantitv Price Amount A. 10" DIP in lieu of 8" DIP Watermain Pipe 733 LF $3.00/LF $2,199.00 B. 10" Butterfly Valve in lieu of 8" Gate Valve 2EA 200.00/EA 400.00 C. 10 DIP Fittings in lieu of 8" Dip Fittings 275 LB 1.05/LB 288.75 WATERMAIN OVERSIZING TOTAL $2,887.75 / CITY OF ANDOVER SHARE = 100% TOTAL $2,887.75 -3- --- Table C - City Share of Watermain , Cltv Share for 1/2 Niahtmaale Street Northwest Watermain extended along Nightingale Street Northwest for the benefit of the City of Andover, based on unit prices. Item Unit No. Description Quantity Price Amount A. 8" DIP Class 52 Watermain - Equivalent 733 LF $14.75/LF $10,811.75 B. 8" MJ Resilient Seat Gate Valve 2EA 660.00/EA 1,320.00 C. MJ DIP Fittings 705 LB 1 .05/LB 740.25 D. 6" DIP Class 52 Watermain 5 LF 12.75/LF 63.75 E. 6" MJ Resilient Seat Gate Valve 1 EA 475.00/EA 475.00 F. 6" MJ Hub Hydrant (9'-0") 1 EA 1,300.00/EA 1 ,300.00 SUBTOTAL - WATERMAIN $14,710.75 CITY SHARE 50% OF COST - WATERMAIN $7,355.37 SECTION 3 . STORM SEWER A. Final Construction Cost $136,503.20 B. Expenses (28.55451 %) + $ 38.977.82 C. Total- Storm Sewer $175,481.02 , D. Assessable $175,481.02/74Lots $ 2,371.37/Lot SECTION 4 . STREET CONSTRUCTION A. Final Construction Cost $222,716.50 . B. Expenses (28.55451 %) + $ 63.595.60 C. Subtotal - Street Construction $286,312.10 D. Less City share including expenses ($7,606.45 X 1.2855451) See Details below - Tables D and E - $ 9,778.43 E. Total- Street Construction $276,533.67 F. Assessable $276,533.67174Lots $ 3,736.94/Lot -4- --- Table D City Share of Street Construction , City Share for Bikeway/Walkway Trail (Nightingale) City Share comprises 100% of the cost of the BikewayIWalkway construction along Nightingale Street Northwest, based on unit prices. Item Unit No. Description Quantity Price Amount A. Class 5 Aggregate Base 261 TN $8.20/TN $2,140.20 B. Type LV4 Wearing Course Mixture 108 TN 28.55/TN 3,083.40 C. Seeding (Mix No. 900) and Mulch 0.6AC 750.00/AC 450.00 BIKEWAYIWALKWAY TRAIL TOTAL $5,673.60 CITY SHARE -100% TOTAL $5,673.60 Table E City Share of Street Construction City Share for Extra Street Width for Onstreet Bike Route City Share comprises 100% of the cost of the Extra Street width for Onstreet Bike Route, based on unit prices. Item Unit No. Description Quantity Price Amount A. Class 5 Aggregate Base 86 TN $8.20/TN $705.20 B. Type LV4 Wearing Course Mixture 43 TN 28.55/TN 1 ,227.65 / EXTRA STREET WIDTH FOR ONSTREET BIKE ROUTE TOTAL $1,932.85 CITY SHARE = 100% TOTAL $1,932.85 TOTAL LATERAL CHARGE PER UNIT SECTION 1 - SANITARY SEWER $ 2,984.26 SECTION 2 - WATERMAIN $ 2,545.83 SECTION 3 - STORM SEWER $ 2,371.37 SECTION 4 - STREET CONSTRUCTION $ 3,736.94 TOTAL LATERAL CHARGE PER UNIT $11,638.40 II. TRUNK SOURCE AND STORAGE SECTION 1 - SANITARY SEWER A. Connection Charge $312.00/lot B. Area Charge (38.3 acres x $1, 145.00/acre/74 lots) $592.61/lot SECTION 2 . WATERMAIN A. Connection Charge $1,375.00/lot B. Area Charge (38.3 acres x $1,195.00/acre/74 lots) $ 618.49/lot III. OTHER / SECTION 4 - STREET CONSTRUCTION A. Sealcoating (17,300 SY x $1.00/SY/74 lots) $ 233.79/lot -5- --- .r - IV. SUMMARY \ WOODLAND ESTATES 2ND ADDITION SHARE (RESIDENTIAL LOTS) I. SECTION 1. - SANITARY SEWER LATERAL $ 2,984.26/lot I. SECTION 2. - WATERMAIN LATERAL $ 2,545.83/101 I. SECTION 3. - STORM SEWER LATERAL $ 2,371.37/101 I. SECTION 4. - STREET CONSTRUCTION LATERAL $ 3,736.94/101 II. SECTION 1. - TRUNK SANITARY SEWER CONNECTION $ 312.00/101 II. SECTION 1. - TRUNK SANITARY SEWER AREA $ 592.61/101 II. SECTION 2. - TRUNK WATERMAIN CONNECTION $ 1,375.00/101 II. SECTION 2. - TRUNK WATERMAIN AREA $ 618.49/101 III. SECTION 4. - SEALCOATING $ 233.79/101 WOODLAND ESTATE 2ND ADDITION $ 14,770.29/lot CITY SHARE I. SECTION 1.D - SANITARY SEWER TRUNK $ 66,208.92 I. SECTION 2.D - WATERMAIN TRUNK $ 13,167.99 I. SECTION 3.D -STORM SEWER $ 0.00 I. SECTION 4.0 - STREET CONSTRUCTION BIKEWAYIWALKWAY TRAIL AND ROUTE- $ 9.778.43 TOTAL CITY SHARE $ 89,155.34 NOl"E: * From City of Andover Trail Fund , s:\main:\and12746:\ReportslassessmentroIl11_16 - 6 - -- g'381;;d . e2S8 9,!,f;> er9 f;>S:60 000e !>r :l3a \ / ANDOVER SPECIAL ASSESSMENTS PROJECT NAME: Woodland Estates 2nd Addition PROJECT NO: 99-35 FEASIBILITY STUDY: Date February 10. 2000 Construction Amount: $832,000.00 ENGINEERS ESTIMATE: Date April 3. 2000 Eng's. Est. Const. Amount: $826,630.50 CONTRACT AWARD: Date Mav 5. 2000 Construction Amount: $718.682.45 FINAL CONTRACT COST: Final Construction Amount: $739,294.95 Engineering: $107.197.76 Aerial Mapping (1 % of street) $ 2,227.17 Drainage Plan (0.3% ofstreetlstorm) $ 1,077.66 Administration (3%) $ 22,178.85 Assessing (1%) Invoice S 7,392.95 d Bonding (0.5%) $ 3,696.47 0\ Legal &. Easement S 0.00 Advertising $ 594.39 City Expenses (includ' . $ 32,108.47 Testing: Braun Intert $ 7.541.06 Signs S 6.873.26 SUBTOTAL $190,888.04 - Construction Interest $ 20,214.00 -- - TOTAL EXPENSES: (% of Final + $ 211,102.04 / - $ 17.300.00 TOTAL PROJECT COST: '" $ 967,696.99 Connection .Charge $101.750.00 ~ @ $ 1.375.00/ Area Charge $ 51.624.00 f432 Acres @ $ 1.195.00) : Connection Charge $ 23.088.00 ( 74 Units.. @ $ 312.00\ Area Charge $ 49.464.00 ~ @ $ 1.14.5.00) S 225.926.00 69.352.17 X 1.2855451 (see Table A, B, C, D and E) - $ 89.155.34 $ 136,770.66 ASSESSED $1,104.467.65 Current Assessment per Lot: $1,104,467.65/74 lots = $ 14.925.24 Feasibility Study: Date February 10,2000 Amount: $ 16,276.86 "At the request of the developer, Block 6 lot 1 is being assessed as the equivalent of five single family residential lots. , / "OutIots A. 8 and C not included in this assessment. @ \ 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 Administrator9~ FROM: Jim Dickinson, Finance Director SUBJECT: Assign Various Development Proj ects to PIR Funding DATE: October 16,2001 INTRODUCTION The City over the past year has approved various improvement projects to be undertaken by the City and assesses either back to a developer or petitioning property owner. This request is to acknowledge the utilization of the PIR Fund as the funding source for the projects. DISCUSSION The City issued $3,350,000 Permanent Improvement Revolving Fund Bonds (Series 2000B) to finance residential development projects for the 2000 construction year. To date the projects contemplated at that time have been completed and the City has residual bond proceeds of approximately $700,000 to finance other improvement projects previously not financed through bonds. The bond proceeds are to be fully expended within 24 months of issuance and with approval of the following project funding assignments this will be achieved: Townhomes of Woodland Creek (00-37) New Elementary School and Verdin Street Improvements (01-12) Roanoke Street & Mary Stone Blvd NW Street Improvements (01-19) Butternut Street NW, 173rd Ave. NW & Flintwood St. NW Street Paving (01-25) BUDGET IMPACT The aforementioned projects will be assessed to either the developer or petitioning property owner. ---- Mayor and Council Members October 16, 2001 Page 2 of2 ACTION REOUlRED The Andover City Council is requested to approve the attached resolution assigning various improvement projects to PIR funding. ~tted' ~CD",on --- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ACKNOL WLEDGING THE UTILIZATION OF 2000B GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS FOR VARIOUS CITY OF ANDOVER IMPROVEMENT PROJECTS. WHEREAS, the City of Andover issued $3,350,000 of2000B General Obligation Permanent Improvement Revolving Fund Bonds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the proceeds received; and WHEREAS, the City of Andover has determined that proceeds are available for additional qualifying improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby acknowledge the utilization ofthe 2000B General Obligation Permanent Improvement Revolving Fund Bonds as the funding source for the following projects: Townhomes of Woodland Creek (00-37) I New Elementary School and Verdin Street Improvements (01-12) Roanoke Street & Mary Stone Blvd NW Street Improvements (01-19) Butternut Street NW, 173rd Ave. NW & Flintwood St. NW Street Paving (01-25) Adopted by the City of Andover this 16th October 2001. CITY OF ANDOVER ArrEST: 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.C1.ANDOVERMN.US TO: Mayor and Councilmembers CC: John Erar, City Administrat~ FROM: Captain Dave King - Sheriff/Patrol Division SUBJECT: Anoka County Sheriff Department Monthly Report DATE: October 16,2001 INTRODUCTION Captain Dave King from the Anoka County Sheriffs Department will be presellf10 provide the Council and the citizens of Andover with an update on law enforcement activities occurring within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, ;J~~ Captain Dave King Anoka County Sheriff Department --- r - ~ ri-/~ CITY OF ANDOVER MONTH OF: SEPTEMBER, 2001 Year to Date CFS: 10,173 CURRENT MONTH LAST MONTH Calls For Service 968 1,185 Incident Reports 748 845 Burglaries 10 9 Thefts 41 51 Criminal Sexual Conduct 1 0 Assault 14 7 Damage to Property 39 36 Harassing Communications 5 5 P.D. Accidents 24 12 P.I. Accidents 3 6 Fatal Motor Vehicle Acc. 0 0 Medicals 29 27 Domestics 27 40 Suspicious Activity 41 46 Miscellaneous Officer 107 103 Alarm Calls 58 75 Felony Arrests 12 9 Gross Misdemeanor 4 5 Arrests Misdemeanor Arrests 22 67 DUI Arrests 6 7 Domestic Arrests 2 4 Warrant Arrests 9 5 Traffic Arrests 133 176 -, '. I Animal Complaints I 63 I 67 I . The September demand for service was as follows: All Calls for Service (CFS): September: Year to Date: 968 10,173 A partial breakdown of those calls is: Accidents: --------------------________ 27 Domestics---------------------_______ 27 Medicals---------------------------___ 29 13urglaries----------------------______ 10 Jrl1efts--------------------------_______ 41 Animal Complaints----------------- 63 Arrests: All (Felony, Gross Misdemeanor, Misdemeanor, Warrant): 38 Jrraffic-----------------------_________ 133 Warnings--------------------_________ 138 I>lJI--------------------------_________ 6 Domestic Assault------------------- 2 (PLEASE NOTE: The Sheriffwould now like his name to appear on the creditfor this article in the newsletter) @ 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 Council Members CC: John Erar, City Administratot Scott Erickson, City Enginee . FROM: Todd Haas, Parks Coordinator SUBJECT: Consider Park & Recreation Commission Recommendation-Park Vandalism Reward Program - Engineering DATE: October 16,2001 INTRODUCTION This item is in regards to establishing a program similar to the "Fast Fifty" Reward Program that is currently being used in Williamson County, Texas. DISCUSSION Over the past few months the Park & Recreation Commission has been discussing the possibility of creating a reward program for those individuals or groups that provide information leading to the apprehension of those guilty of a crime to the park system. Attached is the Fast Fifty Program of Williamson County for your review which the Commission has reviewed and recommends. It should be noted that research conducted by City staff did not find any other cities to have a reward program such as this, but some of the cities such as Minneapolis and St. Paul have programs available for graffiti. The City of Minneapolis does have a program called Community Crime Prevention/SAFE which helps develop strong community groups and good working relations with the Police Department. The program of Minneapolis would be similar to the Neighborhood Crime Watch Program that currently runs through the Community Education Program. Note: Commissioner English suggested that a reward be $100 per crime no matter how many individuals come forward. The funding could come from park dedication funds to the program. Other means of curbing vandalism in the parks, which are currently being implemented, are as follows: - The installation of a roaming cameras at 3 or 4 locations (2 or 3 locations at Sunshine Park and 1 location possibly at City Hall Park Complex #1), which has already been approved by the City Council. -- Mayor and Council Members October 16, 2001 I Page 20f2 - Having communications between the City and the Anoka County Juvenile Court system as to what the penalties or restitution should be when an individual has been arrested for a crime. The communications between the Anoka County Court is underway with all cities in Anoka County and will be meeting in mid December with the individual that is responsible for overseeing the correction officers that present the cases to the court as to communications and what the penalties and restitution should be to the individual that committed the crime. If the City Council agrees with having a Fast Fifty Program, the Commission is recommending that a contest be advertised in the Park Place section of the November newsletter to determine a logo. The Commission suggested the winner receive a $50 gift certificate possibly to a sporting goods store. BUDGET IMPACT If the program were approved by the City Council, the reward program of $100 per crime (which leads to an arrest) would need to be funded by Park Dedication Funds along with a prize to the winner of the logo contest, which is proposed to be a $50 gift certificate, as this is not a budgeted item in the year 2002. ACTION REOUlRED The City Council is recommended to approve the Fast Fifty Program and authorize the Commission to promote a logo contest for the program. Respectfully submitted, -::b'qk- Todd H s cc: Valerie Holthus, Park Commission Chair CONSIDER GUIDELINES FOR OFFEREING REWARDS, CONT. J Mr. Haas explained that he obtained information from three separate sources regarding programs offering rewards: Williamson County, Texas Crime Stoppers; City of Minneapolis, regarding graffiti; and City of St. Paul, regarding graffiti. He stated that based on the information gathered most cities don't have a reward program available. Commissioner Blackstad suggested the City Attorney be involved to make sure the kids are held responsible. Mr. Haas stated that to his understanding once the kids are convicted the insurance company could go after the parents. Commissioner DeLaForest suggested that the City Attorney be directed to make sure restitution is included. Commissioner English stated that he supports the Fast Fifty Program with Crime Stoppers. He stated that with this program the parents would receive an award upon arrest and conviction. Commissioner Grabowski stated that he also supports the Fast Fifty Program. Commissioner English stated that it appears that the $1,000 reward program with Crime Stoppers is complicated and would take more work from the City Attorney, however the Fast Fifty Program seems much simpler. Commissioner DeLaForest questioned if staff has researched the possibilities of receiving any state money to fund the program. Mr. Haas stated that he would research this possibility. Commissioner English suggested the Commission consider a budget that would allow posters, stickers and other promotional information to be distributed at the school level. Commissioner Grabowski suggested staff do research to determine what the initial costs would be for the program. Commissioner English stated that the reward would be $100 per crime, no matter how many individuals come forward. Commissioner English questioned if the Commission would still want to prosecute. Commissioner Grabowski stated that the Commission should prosecute. Commissioner English questioned if the Commission would still want to include restitution. Commissioner Grabowski stated yes. Commissioner English suggested that as part of the restitution the parents receive a reward. I -, - Mr. Haas stated that the dollars should come back to the City, furthermore it sounds like J park dedication funds can be used for the reward program. Commissioner Grabowski suggested doing research to determine the costs. He also suggested discussing the program with the sheriffs department. Commissioner Blackstad something also be added to the website. Commissioner English suggested something be included in the November newsletter to announce that a contest is taking place to determine the logo for a parks crime watch program. He suggested the prize be a skateboard or $50 to a sporting goods store. The Commission agreed. Motion by English, seconded by Blackstad, to recommend to the City Council a Resolution consisting of a Fast Fifty Reward Program, with a contest to be advertised in the Park Place of the Newsletter to determine the logo, furthermore that staff be allowed to do the research from a legal perspective and to determine what would be involved to implement the program. Motion carried on a 5-ayes, O-nays, 2-absent (Anderson and Lindahl) vote. - Williamson County Crime Sto: ,s -- Rewards Page 1 of 1 , __D.. t.....crim.e CO~ . . Stoppers Cash Be'W'arc1.s ,li,;i;,- Crime Stoppers pays up to -, . ..-<I;iif. $1 000 d fi . fi . \ t;;~~'.".. '. rewar or m ormatIOn J !S~"4J.T leadmg to. the warrant and arrest i for any cnme. The actual reward > amount paid in each case is based on the ., severity of the crime, number of cases \ solved, number of persons indicted and value of property recovered. Never is an ! informant required to give information / about himself. / Eam Quick Cash with the - Fast Fifty'Prog____C!~JJJ (",s+ _c:'::-~ /...... roo The Fast Fifty program of Williamson , County Crime Stoppers is designed to J combat vandalism and juvenile delinquency. Rewards are paid for information leading to the apprehension of those guilty of a misdemeanor crime. Because a conviction does not always occur, the reward is paid upon arrest. Persons receiving rewards from Crime Stoppyrs must be at least 18 years of age. However, minors can provide information and receive rewards through a parent or adult. ~~~..r - ~~~ - Call toll free 1.800.253.STOP Crime-Stoppers I Fllgitiv.es.1 Crime I AJ:chh.;es I Rewards I Links I Contact I Home .. :fi~'~ ;', :'j,'; '. ,.:-~- ';, }( ~ .- .". '~"\,/-' HOME / httn://www.ston-crime.om/rewards.htmlon "f()1 --- (~ / 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~Jtf. FROM: David L. Carlberg, Community Development Director SUBJECT: Public Hearing: Consider Extending Moratorium on Multi-family Housing/Ordinance No. 255 - Planning DATE: October 16,2001 INTRODUCTION The City Council is requested to hold a public hearing and consider extending the moratorium on multi-family housing regulated by Ordinance No. 255. DISCUSSION History . The City Council adopted the moratorium ordinance on April 18, 2000. The moratorium was put in place to allow the City the time to prepare the necessary policies and ordinances to regulate multi-family housing in light of the recent adoption of housing goals for the City and the resulting integration and implementation of these goals into the Andover Comprehensive Plan and official controls (ordinances). The moratorium affected all multi-family housing developments in excess of two units per building and/ or a density of four units per acre. . On December 5,2000, the City Council discussed the status of the moratorium and the progress made to date regarding the Comprehensive Plan and official controls. See attached minutes and staff report dated December 5,2000. . On March 20, 2001, the City Council approved an amendment to the ordinance to provide for an exemption to infill developments located in the existing MUSA with a parcel size of two acres or less that the sketch plan was submitted and reviewed by the Council prior to the effective date of the ordinance. Page Two . On April 17, 2001, the City Council extended the moratorium an additional six months to October 18, 2001. The extension was deemed necessary as the Comprehensive Plan had still not been approved by the Metropolitan Council and the resulting official controls were not yet in place. Statutory Authority The City Council can extend the moratorium as provided in Minnesota Statute 462.355, Subd. 4. The statute provides the City Council with the authority to extend the original one-year moratorium additional periods of time as deemed appropriate, not exceeding a total additional period of eighteen months. ACTION REOUlRED Extend moratorium an additional 6 months to one year or allow the moratorium to expire. Staff recommends the Council extend the moratorium an additional six months as the Comprehensive Plan has not been approved and the official controls supporting the plan are not in place. Council has the authority to cause the expiration of the moratorium at any given time if deemed appropriate. Attached is an amendment to Ordinance No. 255 for Council consideration and adoption. Respectfully submitted, #/~~ David L. Carlberg Community Development Director -- ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 255C AN INTERIM ORDINANCE AMENDING ORDINANCE NO. 255, AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT OF LAND WITHIN THE CITY OF ANDOVER FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITY. The City Council of the City of Andover does hereby ordain Ordinance No. 255 is hereby amended as follows: Section 4. Scope of Control. Except as hereinafter provided in this ordinance, during the period of April 18, 2000 to_April 18, 2002: Neither the Planning and Zoning Commission of the City of Andover or the City Council shall review sketch plans or grant any preliminary plat approval to a subdivision of multi- family housing in excess of two units per building. Nor shall said Commission or Council review sketch plans or grant any preliminary plat approval to a subdivision of multi-family housing that exceeds a density of four units per acre. All other Sections of this 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 16th day of October ,20Ql. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -- / " Regular Andover City Council Meeting Minutes - December 5, 2000 Page 6 (Rezoning/Amended SUP for PUD/Preliminary Plat/Feasibility/SUP for Area 1D - Woodland Creek Townhomes, Continued) It was then agreed to hold tlus item until later in the meeting to allow Mr. Erickson and Mr, Westlund to look at ways to have public streets, provide for some parking and stilI meet the needs of the City and the developer. (See Page 8 of these Minutes) ~ DISCUSSSTA TUS OFONE-YEAR MORA TORlUMORDINANCE/ORDINANCE255/MULTI- FAMILY HOUSING Mr. Carlberg stated the Council adopted the one-year moratorium on multi-family housing on April 18, 2000, in light of the housing goals to be added to the Comprehensive Plan and the official controls. Actions taken to date have been the adoption of an amendment to the Zoning Ordinance that all multi-family developments are to be done by contract rezoning, the adoption of an amendment to clarify and strengthen the ordinance and the adoption of an amendment requiring a 2/3 vote of all City Council members to approve Special Use Pernlits for Plmmed Unit Developments. The issue not yet resolved is the adoption of the Comprehensive Plan by the Metropolitan Council, as there are still some items to be resolved. The issue tonight is whether to the Council feels the actions taken are sufficient, to wait to April 18 for the ordinance to run out or to look at whether it should be extended. Council discussion noted basically only one development is being held up by this, and that is Dave Harris' proposal for two 4-unit buildings off Crosstown Drive. Mr. Carlberg noted the sketch plan was submitted prior to the moratorium; but under the ordinance, Staff cannot review the plat until the moratorium is no longer in effect. Ifhe would be allowed to continue now, the provision to the development guidelines would give him until January 31 to have a preliminary plat approved. Mr. Carlberg felt it would be difficult to go through that process in that time period. The streets are in and the sewer has been stubbed there. He is just building on two existing lots. The Council felt Mr. Harris has been very cooperative and hoped that some provision could be made to allow him to be exempted the moratorium. One suggestion was to allow the multi-fan1ily housing in fully developed areas and only new developments restricted for the next few months. They were also hesitant to completely eliminate the moratoriunl at this time, not knowing exactly what the Metropolitan Council will be telling the City regarding the Comprehensive Plan. The consensus was to leave the moratorium ordinance in place but to have Staff and legal counsel consider some phasing to allow the multi-family developments in existing areas to be considered. I DISCUSS VARIANCE/REAR YARD SETBACK/14287 RA VEN STREET NW/GROUSTRA Mr. Carlberg reviewed the request of Gary Groustra to allow the construction and placement of an accessory structure to encroach 30 feet into the 40-foot rear yard setback at 14287 Raven Street. The -- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 5. 2000 AGENDA SECTION ORIGINA TING DEPARTMENT Discussion Community Development ITEM NO. David L. Carlberg Community Development Director Discuss Status of Ordinance No. 255 An Ordinance Establishing a One-Year Moratorium on Multi-family Hpusing Request The City Council is requested to discuss the status of Ordinance No. 255, an ordinance establishing a one-year moratorium on multi-family housing. Attached is the ordinance for Council consideration and discussion. History On April 18, 2000, the City Council adopted Ordinance No. 255. The ordinance established a one-year moratorium on all multi-family housing in excess of two units per building and a density of more than four units per acre. The ordinance was adopted to allow the City the necessary time to study and adopt new and amended ordinances and policies to regulate multi-family housing in light of the adoption of housing goals for the City (adopted March 6, 2000) and the resulting integration and implementation of these goals in the Andover Comprehensive Plan and official controls (ordinances). Actions Taken The City Council on July 18,2000 adopted Ordinance No. 8YYYYY, an amendment to Ordinance No. 8, the Zoning Ordinance (attached). Said amendment requires all multi-family, commercial and industrial rezonings to be done by "contract rezoning". The City Council on November 9, 2000 adopted Ordinance No. 112A, an amendment to Ordinance No. 112, Regulating Planned Unit Developments (attached). The amendment clarified and strengthened the ordinance. The City Council on November 21,2000 adopted Ordinance No. 112B, an amendment to Ordinance No. 112, Regulating Planned Unit Developments (attached). The amendment requires a 2/3 vote of all City Council members to approve special use permits for planned unit developments. Decision The City Council is asked to decide whether the actions taken to date are the necessary measures for effectuating the Comprehensive Plan and the housing goals therein. I --- " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 255 AN INTERIM ORDINANCE REGULATING THE USE AND DEVELOPMENT OF LAND WITHIN THE CITY OF ANDOVER FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY AND WELFARE OF THE CITY. The City Council of the City of Andover does hereby ordain: Section 1. Legislative Findin2:s of Fact. The City of Andover, Minnesota, a predominantly residential community has sustained considerable urban residential development. On March 6, 2000, the City Council adopted housing -goals for the City of Andover as required by the Metropolitan Council as a part of the updating of the Andover Comprehensive Plan. The housing goals provide for a substantial increase in the number of multi-family housing units within the City over the next ten years. The City Council of the City of Andover has committed to the integration and implementation. of the housing goals within the Andover Comprehensive Plan. Based on this commitment, the City Council deems it necessary to study, prepare and recommend for hearing and adoption new and amended ordinances, policies and regulations which are necessary measures for effectuating the Comprehensive Plan. The City finds that unless reasonable measures are taken for a reasonable interim period to protect the public interest by preserving the integrity of said plan until the appropriate amendments to ordinances, policies and regulations are adopted it will destroy the integrity of the Comprehensive Plan and its basic purpose, need and effect. , . Section 2. Le2:islative Intent. It is the intention of the City Council to protect the Comprehensive Plan, proposed amendments thereto, and their implementation by hereby adopting, pursuant to the authority vested in the Council by Minnesota Statutes, Section 462.355 an interim ordinance for a reasonable time during consideration of the aforementioned , , Comprehensive Plan, proposed amendments, ordinances, policies and regulations for the City, to protect the public health, safety and welfare of the community. --- Page Two Interim Ordinance April 18, 2000 Section 3. Affected Area: sUllersedes. This Ordinance shall apply to and govern all lands within the City for the purpose of protecting the planning process and the health, safety and welfare of the City for a period of one year from the date of adoption. Those properties in which preliminary plats have been approved by the City Council that provide for multi-family housing units shall be allowed to develop and shall be exempt from the moratorium provided the preliminary plat was approved prior to April 18, 2000. This ordinance, during its effective period, shall replace and supersede provisions in all other ordinances and -- regulations applicable to the City of Andover which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this ordinance shall continue in full force and effect. Section 4. Scope of Control. Except as hereinafter provided in this ordinance, during the period of April 18. 2000 through April 18. 2001: Neither the Planning and Zoning Commission of the City of Andover or the City Council shall review sketch plans or grant any preliminary plat approval to a subdivision of multi-family housing in excess of two units per building. Nor shall said Commission or Council review sketch plans or grant any preliminary plat approval to a subdivision of multi - family housing that exceeds a density of four units per acre. Section 5. Penalties. Any person, firm, entity, or corporation who violates any provisions of this ordinance shall be subject to the penalties and enforcement provisions set forth in Ordinance No. 10, Section 18 of the City of Andover. " / \. Page Three Interim Ordinance April 18, 2000 Section 6. Validitv. The validity of any word, sentence, section, clause, paragraph, part or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 7. Effective Date. This ordinance shall take effect upon adoption and publication as required by law. Adopted by the City Council of the City of Andover on this 18th day of April, 2000. CITY OF ANDOVER J. ~~ /i1~K~ ATTEST: {j.E. McKelvey, Mayod !Ld,J~ drtL Victoria Volk, City Clerk I -- \ j CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 8YYYYY Ordinance 8 'is hereby amended as follows: 5.02 Rezonings. The procedure for changing zoning district boundaries (rezoning) shall be as follows: (G) Contract Rezonings (1 ) Purpose. The purpose for the contract is to formalize development standards to ensure consistency and compatibility with surrounding - land uses and neighborhoods. (2) Execution. Execution of a zoning contract recorded with the property shall be compulsory for all rezonings to multiple family, commercial, and\or industrial districts, including the following: . M-l, Multiple Dwelling Low Density . M-2, Multiple Dwelling . LB, Limited Business . NB, Neighborhood Business . GB, General Business . SC, Shopping Center . I, Industrial (3) Standards. The following standards shall be included in the zoning contract: (a) Agreement to layout, develop and maintain the subject propertY as presented in the accompanying preliminary plat or site plan. (b) 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. Said zoning change shall not be contested by the property owner or signer of the zoning contract. ~- -- J (c) Additional standards may be included to protect the health, safety, and general welfare of surrounding land uses. (4) Modifications. Any modification or revision to the zoning contract or attached plans shall be.prohibited without maiority consent of the City Council. Any substantial modification as determined by the City Council shall be subiect to a public hearing and notification of adiacent property owners pursuant to the public hearing requirements of this ordinance. 6.02 Minimum Requirements Lot Area Per Dwelling Unit (square feet): LB 2-Farnily Home 7,000. Apartments (square feet): Efficiency 1,500. I-Bedroom Units 2,500. 2- or More Bedroom Units 3,500. Floor Area Per Dwelling Unit (square feet): - 2-Family Home &00 Apartments (square feet): Efficiency ~ I-Bedroom Units +00 Each Additional Bedroom (Plus) BG 7.01 Permitted Uses Business Districts: LB, Limited Business , Barber Shops, Beauty Salons and Tanning Studios Business schools Churches Day Care Centers Essential Service Structures - including but not limited to buildings such as telephone exchange stations, booster or sub- stations, elevated tanks and lift stations confonning to architectural style of the neighborhood. Financial Institutions ) Medical and dental clinics Mortuaries and funeral homes Professional offices (loading berths prohibited) Professional studios Rest homes and nursing homes Urban agricultural (gZZ, 3 15 gg) Veterinary Clinics (no outside pens or animal storage) In no circumstances shall exterior storage be permitted. . 7.03 Special Uses - Business Districts: LB, Limited Business Adult Use Businesses as defined in Ordinance f:/ 92 and as amended. (g-NN~J, 7 17 90) Clubs and lodges Liquor License (gL, 7 21 g 1) Motels (gZ, 3 15 gg) Churches Commercial Greenhouse . Restaurants Retail Trade and Services Twenty-Four (24) Hour Continuous Operation of permitted uses 7.04 Uses Excluded In LB, Limited Business District: Exterior Stora;ze All other sections of this ordinance shall remain as written. Adopted by the City Council of the City of Andover on this 18th day of July, 2000. CITY OF ANDOVER ATTEST: tti;;.,~ 114-- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 112A AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING PLANNED UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Purpose. This Ordinance intended to provide for the permit flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities. This flexibility can be achieved by waiving or varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot sizes, setbacks, heights and similar regulations, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the City of Andover and its inhabitants. Planned Unit Developments enoourage sha1l-accomplish all of the following: 1. Attaining a higher standard of site design and development that cannot be ./ accomplished under strict adherence to development ordinance nrovisions. Inno':ations in dEJ'ielopme::rt to :he end that the ;;ro'::in;; demands for all styles of e:ollomic eKp:msion mo.y bB met bj' the ;;reater variety in type, desi;;n, and oitin;; of structures anc. by the cOllSCln'o.tion and more efficient uoe ofland in such deyelopments; &. Hi;;her stane.ards of site and buildin;; desi;;n throu;;h t.he use of trained and c::pcrienced land planner:, architects and landscape anlhitecto; J.,. More convenience in location and desi;;n of dc';clopment and ser:ics facilities; 4-:-2. The presenTation and enllancement of desirable site charactelistics such as natural topography, woodlands, geologic features and the prevel1tiol1 of . soil erosion; ~ .^. ereative 1..:se of land and :elated physical development ",:moh allo'?'::; a pho.sed and orderly transition ofland from :-ural to urban uses; &3. An more efficient use ofland resulting in smaller networks of utilities and streets thereby lowering the development costs and public investments; 1 ) -1,4. A development pattern in harmony with the Andover Comprehensive Plan. (PUD is not as-a means to vary applicable planning and zoning principles.) &-: !. more desirable aRd crea.ti','e environmeE:t than mi.;;ht be posoible throu;;h the strict application oftRe zOFlin;; aRe subdivision re;;ulatioE.s of the City. Section 2. Definition. Planned Unit Developments (PUDs) shall include all developments having two (2) ore more principal uses or structures on a single parcel of land which shall include townhouses, single and two-family homes, apartment projects involving more than one (1) building, residential subdivisions submi~ed under density zoning provisions, multi-use structures, such as an apartment building with retail at ground floor level, commercial developments, industrial developments, mixed residential and commercial developments and similar projects. Section 3. Zoning District SUDPlement. A Planned Unit Development (PUD) District is supplementary to a zoning district within or encompassing all or a portion or p01tions of one or more original districts in accordance with the provisions of this Ordinance and the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean a zoning district as described in Ordinance No.8, the Zoning Ordinance. / Section 4. General Requirements and Standards. 1. Ownership: An application for PUD approval must be filed by the landowner or jointly by all landowners of the property included in a project. The application and all submissions must be directed to the development of the property as a unified whole. In the case of multiple ownership, the Approved Final Plan or Plat shall be binding on all owners. 2. Comprehensive Plan Consistency: The proposed PUD shall be consistent with the Andover Comprehensive Land Use Plan. ... SanitarY Sewer Plan Consistency: The proposed PUD shall be ". consistent \vith the Andover Comprehensive Sewer Plan when applicable. 4. Ordinance Consistency: The proposed PUD shall be consistent with the intent and purpose of City Ordinance provisions relating to land use, subdivision and development. 5. Common ODen Space: Common open space at least sufficient to meet the minimum density requirements established by the City shall be provided within the area of the PUD, except as provided in Subsection 8 below. 6. Operating and Maintenance Requirements for PUD Common Open SnacefFacilities: 'Whenever and wherever common open or service facilities 2 J are provided within a PUD, the PUD shall contain provisions to assure the ~ continued preservation, operation and maintenance of such open space and service facilities to a pre-determined reasonable standard. COImnon open space and service facilities within the PUD may be placed under the ownership of one or more of the following, as approved by the City Council: a. Dedicated to public, where a community-'wide use is anticipated and the City Council agrees to accept the dedication. b. Landlord control, '""hers only the tenants is anticipated. e. b. Property Owners Association, provided all of the following conditions are met: 1. Prior to the use or occupancy or sale or the execution of contracts for sale of an individual building unit, parcel, tracts, townhouses, apartment, or common area, a declaration of covenants, conditions and restrictions or an equivalent document shall be filed with the City of - Andover. Said filing with the City shall be made priorto the filings of said declaration or document with the recording officer of Anoka County, Minnesota 2. The declaration of covenants, conditions and restrictions or equivalent document shall specify that deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments shall subj ect said properties to the terms of said declaration. .., The declaration of covenants, conditions and restrictions shall ". provided that an owner's association shall be formed and that all owners shall be a member of said association which shall maintain all properties, private infrastructure and common areas in good repair and which shall assess or ch:11'1;;8 charge individual property owners proportionate shares of joint or common costs. This declaration shall be subject to review and approval by the City Attorney prior to the recording of the final plat. "The intent of tffi& these requirements is to protect the property values of the individual owners through established private control. 4. The declaration shall additionally, amongst other things; provide that in the event the association fails to maintain properties in accordance with the applicable covenants and rules and regulations of the City of Andover or fails to pay taxes or assessments on properties as they become due and in the event the City of Andover incurs any expenses in enforcing its rules and regulations, which said expenses are not immediately reimbursed by the association, then the City of Andover shall have the right to assess each property with interest thereon and costs of collection, 3 shall be a lien on each property against which each such assessment is made. 5. Membership of the association shall be mandatory for each owner and any successive ~ owner. tenant or assilm. 6. The open space restrictions shall be permanent and not for a given period of time. 7. The Association must be responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. 8. Property owner must pay the prorata share of the cost of the Association by means of an assessment to be levied by the Association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. 9. The Association must be able to adjust the assessments to meet changing needs. . 10. The by-laws and rules of the Association and all covenants and restrictions to be recorded must be approved by the City Council prior to the approval of the final PUD plan or plat. lli Anv amendment or dissolution of association. or related documents must be approved bv the City Council. 7. Sta2:ing of Public and Common Open Space. When a PUD provides for common or public open space and is planned as a staged development over a period of time, the total area of common or public open space or land escrow security in any stage of development shall, at a minimum, bear the same relationship to the total open space to be provided in the entire PUD as the stages or units completed or under development bear to the entire PUD. I 8. Densitv. Net buildabilitv shall include total grOSS acreage minus parks. roadwavs, maior drainage and utility easements. and tvpe 3. 4 and 5 wetlands as defmed bv the US Corps of Engineers pan1phlet entitled. "10 Important Ouestions." US Government Printing Office No. 1979-768-929. or future revisions. The density of a PUD shall conform to the regulations of the zoning district in which the land and proj ect are located. and sho.E be based 01: the net builda-ble a:rea (e;:clude streets), 8JlCept tho.1: Density increases of up to five (5%) percent (2G-% 15% maximum total) may be allowed / for each category listed below at the discretion of the City Council, as an incentive :for the developer to include the following features hereby determined to be a benefit to the public. 4 \ a. Provide trails. parks. or other recreational facilities above and bevond minimum park or trail dedication requirements that are accessible to the general public. Si;nifioafl~ undr;y;eloped eommon open space. b. Provide additional significant high Qualitv open space above and bevond minimum dedication requirements. Si;nifieoot impl"Clysd common OpSFI space. c. Incorporate higher Qualitv design elements includinl.! but not limited to housinl.! materials, landscapinl.!. and street scaping. All design elements must be uniform and compatible to the surroundinl.! buildings and landscape. Distinetiveness Elfld cJ:cellence in settin; desi;;n and laRdsc3.}Jin;;. d. "^.rchitecrnral st)'le tmd o':erall appsill:allce and eOffi'.tlatibilitJ' of individual buildin;;: to other site elements or to surroundin; deyelopment. The burden for ;ustifvinl.! a density increase rests with the applicant. 9. Staging of Development. Whenever a PUD is to be developed in stages, the density of the stages when totaled shall not exceed the proposed residential density of the entire PUD. The City may require a developer to record a restrictive covenant in favor of the City to insure that all stages or phases will be developed within the overall density for the entire PUD. 10. Utilities. All utilities shall conform to the design standards of Ordinance No.1 0, the Subdividing and Platting Ordinance and other applicable design standards on file with the City. All utilities, including, but not limited to, telephone, electricity, gas, and telecable shall be installed underground. II. Citv Utilities. All city utilities including, water, sanitary sewer, stonn sewer and streets shall be designed, installed and maintained by the City in conformance with all city standards and practices. Utility easements s~1all be . dedicated as required by the City. 12. Urban Development and Availabilitv of Public Service. All development shall be carefully phases so as to ensure that it will not cause an unreasonable burden upon the City in providing services and utilities or cause a deleterious impact upon the natural environment. I 13. Streets and Site Improvements. All streets and site improvements shall meet the design standards and regulations contained in Ordinance No.1 0, 5 the Platting and Subdividing Ordinance, unless otherwise approved by the City Council. 14. Landscaoing. In any PUD, landscaping shall be provided according to a plan approved by the City Council, which shall include a detailed planting list with the City Council, which shall include a detailed plating list with sizes and species indicated as a part of the Final Plan. In assessing the landscape plan, the City Council shall consider natural features of the particular site maintenance, the architectural characteristics of the proposed structures and the overall scheme of the PUD. 15. Special Requirements and Standards. a. Residential Planned Unit Developments (Densitv Zoning). 1. Required Frontage and Minimwn Proj ect Size. The tract ofland for which a project is proposed and permit requested shall not have less than two hundred (200') feet offwntage on a the- ~ publiclv dedicated and maintained right-of-way and be a minimun1 of two (2a.) acres. / 2. Yards. a. The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. No building shall be located less than fifteDll (15') twenty (20) feet from the back of the curb line. alon; those s~reDts ',yl:ich arB part of the pri';ate internal street pattern. c. 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. d. :oro buildin;;s shall be located nearer than its buildin; hei;;ht to th: rsar amI side property linee. b. Commercial or Industrial Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract ofland for which a project is proposed and permit requested shall not have less than two hundred (200') feet offrontage on th: public a publicIv dedicated and maintained right-of-way and be a minimum of two (2a.) acres. 6 2. Yards. th The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be the same as those required in the zoning district. b. ~Jo building shall be located nearer than its building height to the reirr and side property lines. 3. Landscaping, Surfacing and Screening. a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire site other than that taken up by structures - or landscaping shall be surfaced in accordance with the standards on file in the office ofthe City Engineer. c. DeTlelopments aeutting a residential district shall I bo screened and landsca-pod in complianco v:itl: the Zoning Ordinance Ll..'1d other &pplicablo regulations. Additional consideration shall be taken to screen existing residences. c. Mixed Use Planned Unit Developments. 1. Required Frontage and Minimum Project Size. The tract of land for which a project is proposed and permit requested shall not have less than two hundred (200') feet offrontage on tho public a publiclv dedicated and maintained right-of-way and be a mininmm two (2a.) acres. 2. Yards. th The front and side yard restrictions at the periphery of the PUD site shall, at a minimum, be at same as tho se required in the zoning district. b. ~Jo building shall bo located nenfl~r than its bu:lding height to the roa~ and side property lines. 3. Landscaping, Surfacing and Screening. 7 a. All areas disturbed on the site other than that covered by structures or hard surfacing shall be landscaped in compliance with this Ordinance and all other applicable City Ordinances. b. The entire area other than that taken up by structures or landscaping shall be surfaced in accordance with the standards on file in the office of the City Engineer. c. Developments abutting a residential district shall be screened and landscaped in compliance with the Zoning Ordinance and other applicable regulations. 16. SiQJ.l Requirements. Signs shall be regulated and conform to the standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on the Final Plan. 17. Special Protection Districts. Planned Unit Developments involving land within the Flood Plain, Shoreland Management or Scenic River Districts shall be subject to the provisions of those ordinances regulating said districts. ll, PUD Credit of Site Improvements. In order to obtain PUD credit for site improvements including but not limited to trails. parks. landscaping, etc.. the improvements must be constructed as a part of the initial phase or the costs m.ust be escrowed as determined bv City Council. Section 5. Application, Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permit shall be required. Application for the Special Use Permit shall be made as specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the filing of the Preliminary Plat Application. Section 6.. Violation and Penaltv. 1. Misdemeanor. Any person, firm or corporation violating any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. 2. Other Remedies. In addition to the penalties imposed by this ordinance, the City may exercise, with or separately from such penalties, all and any legal and equitable remedies then available to the City by this ordinance, or by statute, or by other ordinances of the City, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. s Section 7. Effective Date. This Ordinance shall take effect and be in force from and after its passage and publication. Passed by the City Council ofthe City of Andover this 9th day of November, 2000. CITY OF ANDOVER . ~,' f. )1tC/Ii~ (,.l-(E. McKelvey, Mayor {/ ATTEST: dJj;;;~J d-lb Victoria V olk, City Clerk - , 9 ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 112B AN ORDINANCE AMENDING ORDINANCE NO. 112, REGULATING PLANNED UNIT DEVELOPMENTS (PUDs) IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Ordinance No. 112 is hereby amended as follows: Section 5. Application. Review and Administration. The general sequence for application, review and action on a PUD shall be the same as platting a property as specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use Permitshall be requireq. Application for the Special Use Pemut shall be made as specified in Ordinance No.8, Section 5.03 / and shall be made in conjunction with the filing of the Preliminary Plat Application. A 2/3rds vote of all City Council members shall be required to approve a snecial use permit for a planned unit development. . All other sections of this ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council on this 21st day of November, 2000. ATTEST: CITY OF ANDOVER l'.', '0 .~ e. l71e;~vL U-t4.z:;:;..., (, L/ Victoria V olk, City Clerk :/J. E. McKelvey, Mayor V I @ ) 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~ David Carlberg, Community evelopment Director ~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Approve Amended Special Use PermitJPUD/Altemate Townhome Design/Nature's Run continued - Planning DATE: October 16,2001 INTRODUCTION This item has been tabled since July to allow Avalon Homes time to design a townhouse product that complies with the approved Special Use Permit for Planned Unit Development review. The issues related to grading, revisions to the preliminary plat and comparisons to Aztec Estates were thoroughly discussed at the July 17, 2001 Council Meeting. The staff report from this meeting is attached (Attachment G) to refresh everyone's memory. The City Council is asked to review an Amended Special Use Permit request to change the townhouse style within the Nature's Run Development. Attached to this report are illustrations of the approved design and three new building designs for your review. DISCUSSION The Special Use Permit for Planned Unit Development Review of this development was originally approved with a specific townhouse style that was incorporated into the rezoning contract. The alternate townhouse designs will require the original Special Use Permit to be amended. The rezoning contract approved by the City Council on February 20, 2001 was never recorded by D.H. Land Company. As a result, the rezoning contract has been reproduced. This contract is identical to the previous contract except that all references to D.H. Land Company have been changed to William Hupp and Exhibit B now references the new townhouse designs. Detailed Analysis Avalon Homes is interested in purchasing the development and providing three different townhouse styles to improve the look of the project as well as the marketability ofthe units. The previously approved townhouse style illustrated in Attachment A was very similar to the design oftownhomes within the Sunridge project located to the south. This change provides different floor plans from the Sunridge project and will allow future homeowners the opportunity to choose a townhouse style. The proposed townhouses (Attachment B) have been designed to fit within the building pads as previously approved with the Preliminary Plat for Natures Run. This will prevent conflicts with setbacks, buildability and the wetland buffer area. Attachment C illustrates the relationship between the townhouse foundations and the approved lot boxes. While the change in townhouse styles will not affect the approved grading plan, the developer will deepen the retention ponds to create additional fill material as indicated in a separate staff report presented to the Council on July 17,2001 (attached). This will not result in a significant change to the approved grading plan. The previously approved development standards for Natures Run are indicated in attachment D. No changes to these standards are proposed. Exterior Features The attachments illustrate the exterior features of the proposed townhouse styles. The units are similar in form, but allow different finishing materials including brick, stone and maintenance free siding. Unit C is the largest of the units with additional windows and architectural treatments. An elevation of the previously approved townhouse style is provided in the attachments for comparison. Floor Plan The floor plans for the various townhouse styles are also provided in the attachments for comparison. Floor plans generally reflect personal preferences. The following table is provided to indicate that all of the proposed floor plans are larger than the previously approved townhouse style. Unit Size 1,228 sf 1,371 sf 1,431 sf 1,994 sf Attachments Proposed Resolution Approved Resolution Attachment A Approved Townhouse Style Attachment B Proposed Townhouse Styles Attachment C Foundation Plan Attachment D Development Standards Attachment E Contract Rezoning Attachment F Planning and Zoning Commission Minutes Attachment G July 17, 2001 Staff Report ACTION REOUIRED The City Council is asked to approve the alternate townhouse styles as presented. This will require approval of the attached resolution and an amendment to the rezoning contract to change the dates of plans referenced in Attachment B of the rezoning contract (attached). Cc: Bill Hupp Avalon Homes Tom Enzmann, 1718 Andover Blvd NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION AMENDING SPECIAL USE PERMIT #00-17 AT THE REQUEST OF BILL HUPP FOR A PLANNED UNIT DEVELOPMENT TO ALLOW THREE ALTERNATE TOWNHOUSE DESIGNS FOR THE FIFTY-FOUR (54) TOWNHOUSE UNIT DEVELOPMENT TO BE KNOWN AS "NATURE'S RUN" LOCATED AT 1650 ANDOVER BOULEVARD NW LEGALLY DESCRIBED AS INDICA TED ON EXHIBIT A. WHEREAS, Bill Hupp has requested an amendment to the Special Use Permit for a Planned Unit Development to develop a residential development consisting of fifty four townhouse units 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 descried on Exhibit A; and WHEREAS, the City Council has reviewed the request and has determined that said 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 City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amended 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 amended Special Use Permit on said property with the following conditions: 1. All conditions of Special Use Permit #00-17 except for the style of townhouse units shall remain in effect. 2. The contract associated with Rezoning #00-09 shall be amended to reflect the townhouse styles approved with this action. . 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 - Approved Resolution ) CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R028-01 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF D. H. LAND COMPANY FOR A PLANNED UNIT DEVELOP:t\1ENT TO DEVELOP A RESIDENTIAL DEVELOPMENT CONSISTING OF FIFTY-FOUR (54) TO\VNHOME UNITS TO BE KNOWN AS THE SUBDIVISION OF "NATURE'S RUN" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, D.H. Land Company has requested a Special Use Permit for a Planned Unit Development to develop a residential development consisting offrtty-four townhome units to be known as the subdivision of "Nature's Run" 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 City Council 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 City Council finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the City Council fmds 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 opposition to the request; and . WHEREAS, the Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Permit as requested. , I - Page Two Resolution - SUP/PUD of Nature's Run February 20, 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 D.H. Land Company 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 the development standards (Exhibit B of this Resolution) and shaH become the only variances and approved standards for the development. 2. That the Special Use Permit shaH 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 shaH be contingent upon the approval of the comprehensive plan amendment, contract rezoning and the preliminary plat of Nature's Run. 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. 5. A property owners association shall be created with the following documents provided to the City for review and approval by the City Council prior to being recorded with the final plat in accordance with Ordinance No. 112: a. Articles oflncorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 6. A variance is granted to Ordinance No. 205 to allow the structures to be similar in exterior architectural design and appear~ce. Adopted by the City Council of the City of Andover on tins 20th day of February. 2001. 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I 1- , (> I I i I 10/10/2001 WED 15:10 FAX 612 252 9077 LANDFORM ENGINEERING CO ~002/002 Attachment C , 43. 7 4J.7 " 51.3 .. ~ - - r---To- r- ;,0 ")16,67 ,...-", 1',0 ,..,IJ.67 I ..J.. l,on.. ::ilJ.S/ I ~c~ I 0-9,> r: ~ o"f! "1 I ~\;' i -~Cy"", I \) i .:y ;:: Q Cy_ I~ - 2367 19.00 i 19.00 I [0' :::i [0 [0 o. "'1 '" "'11 ~ "'11 o:i ORIGINAL i:!l ~ ~ ORIGINAL "l ;t ~ ORIGINAL "l ~ I . TWlNHOME _ TWlNfiOME "l ,L,... TII1NI10MC "'1 ("6 "c" MODEL ( (; . A" MOOEL ,..; (6 "S" MODEL '" g ,---------~ 8 r-----: & , . .. .- ~ I .' N ~ 6: '" 6' '" ..E- N ,~ ~R~O j 17..67r:- ....GARAGE 5 12.67r.:- ...GARAGt: s 12.67 ~ A ~ moo moo moo ~ ~ ~ '- ~ ~~.. , . ORIGINAL PLAN 43.7 43.7 51.3 Ill' ~ ~ - ~------~----- .-- 1 ,(0 I *'" I d:'''' 16.67 I' *" I d: ...13.67 i ct I # ~ lJ.67 r.5' ,of{' "'1 ~ ! ff' 'J \;)'.; I'lCl _ 1 <::i I q <s i q - 19.00 [ 23.67 19.00 [0 0"" "'l [8 ...,,,,, q ~..., q "'1 .,: ui ..., ""..... ;..;. en Ol " _ PROPOSED '" ,,- PROPOSED r::, ~ ~ PROPOSEO ..., _ TII1NHOME"" ~ TWINI-10IJ("" ,-- TWINHOME ( ; "A" MODEL ( 6 "S" MOOE:L (: 'C' MODEL . 3~ 0 "l . N 5.67 0 5.67 0 ~ 5.67 0 5' 12.(;;j:' CARACE~ S' 12.67-~ GARAGE ~ 5' 20.67 ~F GARAGE~ 20.00 . ....?Q,.9.P.. 20.00 ~ ~ ~ ~ ~ ~ ._ no ..... __ - REvl5ED 1~/~3/~1 OCT 10 2001 15:20 612 252 9077 PAGE. 02 . Attachment D I ~ I ~ DEVELOPMENT STANDARDS ff~"t0~~~.ml STREET JOC (OffSET) 235' CUC-DE-SAC LENGTH 1453' LOT WIDTH AT SETBACK 43.7/ 51.7 LOT DEPTH 74.3/76.3 BUILDINC SETBACKS INTERIOR 5LDC fRONT TO ROW: 20' BLOC SIDE TO ROW: 20' BLOC SIDE TO BLOC SKJE: 20' BLOC SlOE TO BLOC BACK: 30' j BLOC BACK TO BLOC BACK: 30' EXTERIOR BLOC TO PROPERTY LINE: 30' BUILDABLE DEPTH Of LOTS: - qo' MINIMUM BUILDABLE DEPTH VARIANCE REQUESTED fOR UNITS: BLOCK I UNITS 7.5.16.23.24 BLOCK 2 UNITS 1,2.3,1I,12,lq.20,21.n,27.25 ALL OTHER UNITS MEET THE 100' BUILDABLE DEPTH V ARIABLE WIDTH WETLAND BUffER VARIABLE WIDTH BUffER IS PART Of PUD PROPOSAL RESUL TINC IN 1.35 ACRES Of BUffER AREA RATHER iHAN THE 0.54 ACRES iHA i WOULO BE CREATED BY THE TYPICAL 16.5' BUffER. I ~ Development Standards L die...... ...... ...... c--.p....,.. NATUR:=5 RUN ..0__........ h_"___"U<I ........-._p.......... _N ~~...O.lll.1.J.O .'a.1l.~a.9Q"" (~_)"'2..2S2."""" DHOOO02 --- -- 1/24/01 L Attachment E ZONING CONTRACT This agreement made this _ day of , 2000, 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 William Hupp 13760 Goldemod Street NW, Andover, Minnesota 55304, a Minnesota corporation, 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 and a R-l, Single Family Rural Residential District to M-l, a Multiple Dwelling district; and WHEREAS, it is believed by the City that the rezoning of said Property to a M-l Multiple Dwelling district so as to permit a residential development consisting of fifty-four (54) townhomes would be in the public interest and welfare of the citizens of the City; and WHEREAS, the Developer has agreed to develop the property as a townhouse development in consideration of the City's changing the property to M- 1, 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: I 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 and R-I, Single Family Rural Residential to a M-I Multiple 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 fifty-four (54) townhomes, common space, open space, ponds and wetlands. 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 of the 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-I, Multiple Dwelling back to R-I, Single Family Rural 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 WILLIAM BUPP Dated: By Its Dated: By Its 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 V olk, to me known to be respectively the Mayor and Clerk of the 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 William Hupp, a Minnesota corporation, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said corporation. Notary Public This instrument was drafted by: William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 ) Exhibit A Legal Description THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA EXCEPT THAT PART OF THE NORTH 231.00 FEET OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER LYING WEST OF LINE DRAWN SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER FROM A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER DISTANT 701.25 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER; EXCLUDING THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27-32-24 SOUTH AND WEST OF COON CREEK WHICH IS DEDICATED TO THE STATE OF MINNESOTA. Exhibit B The following list of documents shall comprise Exhibit B: 1. Plans and specifications submitted to the City and on file at the City of Andover, City Hall. 2. The "Special Provisions for Natures Run Townhomes (Standard Unit)" submitted to the City by William Hupp with the received date of June 14,2001 on file at the City of Andover, City Hall. 3. Special Use Permit Resolution No. 28-01. Attachment F PLANNING AND ZONING COMMISSION MEETING - JUNE 26,2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on June 26, 2001, 7:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Douglas Falk, Tim Kirchoff, Mark Hedin, Larry Dalien, Dean Daninger, and Rex Greenwald. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Planning Intern, Jason Angell Others APPROVAL OF MINUTES. June 12,2001 Motion by Daninger, seconded by Hedin, the Minutes be approved as presented. Motion carried on a 6-ayes, O-nays, I-present (Dalien), O-absent vote. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - TO AMEND A PLANNED UNIT DEVELOPMENT (PUD) FOR ALTERNATE TOWNHOUSE DESIGNS FOR NATURE'S RUN LOCATED AT 1650 ANDOVER BOULEVARD NW. - BILL HUPP. City Planner Courtney Bednarz explained that the Commission is being asked to review an Amended Special Use Permit request to change the townhouse style within the Nature's Run Development. He stated that the Special Use Permit for this Planned Unit Development was originally approved with a specific townhouse style that was incorporated into the rezoning contract. He mentioned that Avalon Homes is interested in purchasing the development and providing a variety of styles to improve the look of the project as well as the marketability of the units. The previously approved townhouse style illustrated in Attachment A was very similar to the design oftownhomes within the Sunridge project located to the south. It was mentioned that this change will allow future Regular Andover Planning and Zoning Commission Meeting Minutes -June 26,2001 Page 2 homeowners the opportunity to choose a townhouse style and distinguish this development from the Sunridge project. Mr. Bednarz stated that the proposed townhomes have been designed to fit within the building pads as previously approved on the grading plan for Natures Run. He stated that this will prevent conflicts with setbacks, buildability and the wetland buffer area. He mentioned that the various townhouse styles will be allocated throughout the development based on the demand for each style. He also mentioned that it's anticipated that individuals will choose different finishing materials based on their preferences and that the larger units will likely be located in the interior of the development away from Hanson Blvd. Mr. Bednarz explained that the attachments included in the staff report illustrate the I exterior features of the proposed townhouse styles. He stated that the floor plans for the various townhouse styles are also provided in the attachments for comparison. Commissioner Falk questioned if the new developer is exempt from what the previous developer had agreed to do. Mr. Bednarz stated that no change to the previous approvals are a part of this request other than the townhouse unit styles. Commissioner Falk questioned if the developer is able to step right in where the other developer left off even if it is up for final plat review. Mr. Bednarz stated that the City would have to approve the transfer from one developer to the other. Chair Squires mentioned that this discussion is only for the Special Use Permit and not for the Preliminary Plat. He questioned how many units they are proposing. Mr. Bednarz stated that there would be a total of 54 units. The Developer Bill Hupp mentioned that what is being proposed is just a different style, therefore they would still fit within the guidelines that were previously approved. Motion by Dalien, seconded by Daninger, to open the public hearing at 7:14 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hupp explained that because there will be a different builder working on the project they had to select different plans due to copyright protections. He stated that by having three different style townhomes there will be more options available to the homeowner. He mentioned that the three styles selected were designed specifically for this project, therefore they will be unique to the area. Gloria Freyholtz, 1806 Andover Blvd., questioned if it has already been decided that 54 homes will be going into that area. She felt that more consideration should be taken into the project before deciding to put that many homes in that small of an area. She Regular Andover Planning and Zoning Commission Meeting Minutes -June 26,2001 Page 3 questioned if it's been approved to build on the site even though there are Indian Burial Grounds there. Chair Squires stated that what the Commission is discussing isn't the number of units, but the physical appearance of the units. He questioned staff on whether or not it has been approved to build there even though the site may be the location of Indian Burial Grounds. Mr. Hupp stated that he wasn't prepared to answer a question on the Indian Burial Grounds, therefore he agreed to check into it. He mentioned that to his knowledge the DNR and the Historical Society have been contacted and the issue has been resolved, however he didn't know how it was resolved. Chair Squires stated that this is a concern of the residents and as a property owner it should be something he is informed on. He suggested to Mr. Hupp that an engineer be present at the City Council meeting to clarify the concerns of the residents. David Overbaugh, 1826 Andover Blvd., questioned where the water would go with that many homes being developed. Mike Hollister, 1860 Andover Blvd., questioned if the area is still an Indian Burial Ground. He mentioned that they continue to lose their privacy due to all the traffic in the area. He also mentioned that the water drains into their yards and floods them out now not to mention when all the additional homes are built, he questioned if this could be taken care of. Mr. Bednarz questioned Mr. Hollister if the drainage problems he is experiencing on his yard are a result of the grading activity being done as part of this project. Mr. Hollister stated that the water has been draining into his yard for some time. There was no further public input. Motion by Falk, seconded by Kirchoff, to close the public hearing at 7:26 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Daninger questioned if it' s correct to say that the square footage is increasing, however the building pad hasn't changed. Mr. Bednarz stated that that is correct. He mentioned that the building pad is larger than the original style homes. Commissioner Kirchoff stated that he feels it's an improvement from the original plan, however agreed that an engineer should be present at the Council meeting to address the concerns ofthe residents regarding the Indian Burial Grounds. Regular Andover Planning and Zoning Commission Meeting Minutes -June 26, 2001 Page 4 Commissioner Hedin agreed with Commissioner Kirchoff. He mentioned that the change will offer more variety to the buyers. Motion by Kirchoff, seconded by Hedin, to recommend approval to the City Council to Amend Special Use Permit, SUP 00-17, Natures Run, 1650 Andover Boulevard, to change the townhouse style within the development as proposed in the staff report. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be considered at the July 17,2001 City Council meeting PUBLIC HEARING: ORDINANCE AMENDMENT (01-01) - TO REVIEW AMENDMENT TO ORDINANCE NO. 214 TREE PRESERVATION. Mr. Bednarz explained that this is a continuation of the discussion held on May 22nd with the City Council the Commission and on June 12th with the Commission. He stated that at the June 12th meeting the Commission recommended the ordinance require a minimum of two front yard trees per new residential property or one tree per 50 feet oflot width, whichever is greater. Trees preserved in this front yard during development could satisfy a portion of or all of this requirement. He presented the Commission with a table illustrating this proposal. / Mr. Bednarz stated that the Andover Review Committee reviewed the recommendation from the Planning Commission and is concerned about the number of trees that would be required for rural lots and the expense that would be added to landscaping costs. They are suggesting the Commission consider a maximum number of three or four required front yard trees for rural lots. Commissioner Falk questioned if the Andover Review Committee would like a set number of trees for rural lots. Mr. Bednarz explained that with the proposed change a rural lot having a width of300 feet would require 6 trees, which is more than is required by other communities. Commissioner Falk stated that typically rural lots already have trees on the property. Commissioner Hedin stated that the Andover Review Committee has a good idea. He stated that the rural area has plenty of trees, therefore three trees on a lot over 100 feet should be sufficient. Mr. Bednarz explained that they are referring to trees in the front yard only, not in the backyard. - ~ Attachment G '\ ~ / 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 Administratorqt-. FROM: David L. Carlberg, Community Development Director ~ SUBJECT: Nature's Run Development Concerns - Planning DATE: July 17, 2001 INTRODUCTION At the July 3, 2001 City Council meeting, Tom Enzmann, 1718 Andover Boulevard NW, during resident Forum, raised a number of issues regarding the Nature's Run plat. The following is a response to the comments and concerns of Mr. Enzmann's. / DISCUSSION Variances given because of precedence already established with Aztec Estates. Concern: Mr. Enzmann raised the issue that the variances (development standards) granted with the Nature's Run plat were approved due to a precedence established with the approval of the Aztec Estates project. Mr. Enzmann does not think the Aztec Estates project is proceeding therefore a precedence has not been set, allowing the Council, in his opinion, to revisit approvals given to the Nature's Run development. Response: The Council did approve development standards for Nature's Run similar to that of Aztec Estates. Issues currently exist between the property owner and developer of that project. However, Ordinance No. 10, the Platting Ordinance requires the developer to file a final plat within one year of the approval of the preliminary plat. The Aztec Estates project is an approved project and still has ample time to be finalized within the ordinance requirements. However, the actual construction of this project could be delayed another year. - Several items recommended at the sketch plan phase not done on the preliminary plat. Concern: Mr. Enzmann raised the issue that several items that were recommended in the sketch plan phase were not done on the preliminary plat. More specifically the removal of the shared driveway and houses behind the existing homes located along Andover Boulevard NW. Response: In reviewing the minutes from both the Planning and Zoning Commission meeting (May 23,2000) and the City Council meeting (June 6, 2000) regarding the sketch plan review of the project, the developer removed a private drive and four of the units behind Mr. Enzmann's house as directed by the City Council. These units were shifted to the area originally proposed as commercial on the sketch plan (see attached plan). In addition, during Council review of the preliminary plat at the February 20, 200 I meeting, the Council directed the developer to remove two of the units on the cul-de-sac in the northeast corner of the project. The density was reduced from 56 to 54 units. Modifications to the plat have been made to accommodate this request. Grading was not done to specifications. - Concern: Grading plan changed behind his property removing natural vegetation. / Response: The grading plan was revised by the developer's engineer in the area behind Mr. Enzmann's house. Mr. Enzmann alerted Staff of the changes he had discovered while reviewing the plan and Staff immediately contacted the developer's engineer to have them change the grading plan back to the approved plan, which has been done. The developer's engineer has recently made minor adjustments to the grading plan by deepening the stormwater ponds by a approximately a foot in order to provide additional on-site fill to balance the site. The adjustments to the ponds have also resulted in the lowering of the 100 year flood elevation and minor adjustments (lowering) to some of the low floor elevations. The drainage patterns, location of the outlet/inlet structures and storm water pipes remain as originally approved. The lowering of the lOa year flood elevation does not have a negative impact on any adjacent property or any of the proposed townhome units. Proper separations between the low floors and the 100 year are still being maintained. Based on the review by this office, the City Engineer, Administrator, and with the concurrence of the City Attorney, tl1ese changes are not deemed to be significant enough to warrant Council reapproval. I - City re-review of the plat Concern: Mr. Enzmann questioned if the City Council could review the preliminary plat again based on changes being made to the townhome style (Amending of the Special Use Permit for the Planned Unit Development, Item No. 15.). Council Member Trude also requested the City Attorney review the ability of the Council to look at the density issue again. Response: In consultation with the City Attorney's Office relative to appropriate planning procedures, it is recommended that the review of the changes to the townhome style later on the agenda be limited to review of those changes exclusively. The density, configuration of the units, lot lines and building pad locations are not being modified. The grading plan is being adjusted as indicated with the deepening of the storm water ponds and lowering of 100 year flood elevations and low floor elevations. However, these changes are minor in nature and do not effect the overall site design of the development. The City Attorney will be providing a verbal legal opinion on whether it is appropriate for the Council to revisit the density of the project after approval has been given to the original application for a Special Use Permit for the Planned Unit Development. - SIDE NOTE: There is no longer the issue of a Native American burial mound on the Nature's Run site. Attached is a letter from Mark Dudzik, State Archaeologist indicating records show the mound to be located in Section 26. Nature's Run is located in Section 27. / ACTION REQUIRED Accept the responses to Mr. Enzmann's concern. . Respectfully submitted, c#~~4f / (JJ!lV David 1. Carlberg Community Development Director Cc: Tom Enzmann-1718 Andover Blvd. NW / ~.g , CITY OF ANDOVER J 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: David L. Carlberg, Community Development Director SUBJECT: Approve Association Documents/Natures Run - Planning DATE: October 16,2001 INTRODUCTION The City Council is requested to approve the Articles of Incorporation, Bylaws and Declaration of the Nature's Run Townhome Association, Inc. as provided in Ordinance No. 112, Section 4(6)(c)(10). These documents are located in the front of your packet. DISCUSSION Ordinance No. 112, Section 4(6)(c)(1O) requires the bylaws and rules of the association and all covenants and restrictions to be recorded to be approved by the City Council prior to the approval of the final PUD plan or plat. Ordinance No. 112, Section 4(6)(c) provides for the creation of a property owners association to assure for the continued operation and maintenance of the open space and service facilities when provided in a Planned Unit Development (PUD). Section 4(6)(c) also sets conditions of the Property Owners Association. The documents have been reviewed by the City Attorney and Staff. ACTION REQUIRED Approve association documents as presented. Respectfully submitted, ~oI(l~ David L. Carlberg Community Development Director Cc: Bill Hupp & Avalon Homes Ci9 \ 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 Administrat~ FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Final Landscape PlanlNature's Run PUD - Planning DATE: October 16,2001 INTRODUCTION The City Council is requested to approve the final landscape plan of the planned unit development of Nature's Run. 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, ~J~~~ David L. Carlberg Community Development Director Cc: Bill Hupp Avalon Homes ) @ , , CITY OF ANDOVER I , 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: David L. Carlberg, Community Development Director SUBJECT: Approve Final PlatlNature's Run - Planning DATE: October 16,2001 INTRODUCTION The City Council is requested to approve the final plat of the planned unit development of Nature's Run. DISCUSSION The final plat is found to be in compliance with the preliminary plat. ACTION REOUIRED Adopt the attached resolution approving the final plat with conditions. P7~ David L. Carlberg Community Development Director Cc: Bill Hupp Avalon Homes , 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 NATURE'S RUN AS BEING DEVELOPED BY BILL HUPP AND AVALON HOMES IN SECTION 27-32-24, ANOKA COUNTY, MINNESOTA. WHEREAS, the City Council has approved the preliminary plat of the Planned Unit Development of Nature's Run; and WHEREAS, the Developer has presented the final plat of Nature's Run; 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 Nature's Run contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat 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. Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. 10. Filing of Articles of Incorporation, Bylaws, Declarations and all other association documents, and Easements with the Anoka County Recorder. Page Two Resolution - Final Plat Nature's Run Bill Hupp and Avalon Homes October 16, 2001 11. Variances or development standards approved with the Planned Unit Development shall become the only listing of variances approved on the plat. Adopted by the City Council of the City of Andover this 16th day of October, 2001. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / 0:) ) CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923. WWW.Cl.ANDOYER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~W David Carlberg, Community evelopment Directo~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Deny Special Use Penn it (Ol-08)/Home Occupation/2487 139th Avenue NW/Hurkman- Planning DATE: October 16,2001 INTRODUCTION The applicant is seeking approval of a Special Use Permit for a home occupation to operate a plumbing business out of an existing detached accessory building on the subject property. DISCUSSION / The structures on the subject property were constructed many year ago and prior to current regulations that limit the size of detached accessory buildings. Since that time the property has been subdivided to create the current parcel. The accessory buildings have previously been used for a home occupation electrical business. This use also predated the applicable ordinances described below and was considered a non-conforming use after these provisions were added. This business ceased operations in 1987 or 1988. There have been several inquiries since that time for accessory structure based home occupations on this property. None have been approved. Comparison of Proposal to Applicable Ordinances Ordinance 8 Section 4.30 regulates home occupations. The property is approximately 2.6 acres in size which is below the three acre minimum lot size for this type of use. A variance to this requirement is requested. The accessory building is approximately 4,600 square feet in size which is significantly larger than the 800 square foot maximum allowed by ordinance. A variance to this requirement is requested. The structure is set back approximately 26.5 feet from the east property line which is less than the thirty foot minimum side yard setback required. A variance to this requirement is requested. The proposed number of employees associated with the home occupation is greater than the one employee permitted by ordinance. A variance to this requirement is requested. The number of vehicles associated with the proposed home occupation exceeds the one vehicle allowed by ordinance. A variance to this requirement is requested. The accessory structure does not meet current fIre and building codes that apply to commercial -' J construction. The accessory structure needs to be evaluated by the building and fIre departments to determine what improvements would be required. Staff Recommendation The home occupation ordinance provisions that apply to accessory buildings are designed to keep these types of operations in rural areas and limit the impact on surrounding properties. The proposal represents a substantial departure from the intent of this ordinance. Staff recommends denial of this request. Highest and Best Use of Property In the short term, the detached accessory buildings may continue to be utilized for general storage. The property is zoned Single Family Urban Residential (R-4) and guided for low density residential development in the Comprehensive Plan. The detached accessory buildings complicate the subdivision of the property to achieve this result. In the future, this property may be subdivided to create additional urban residential lots. There is potential for one lot to be created without additional infrastructure. Extending a cul-de-sac and utilities into the property and removing existing structures could result in four lots being created. Legal Nonconforming Status Of Detached Structure / The square footage of detached accessory structures signifIcantly exceeds the size of the principal structure. Due to the fact that these structures were constructed prior to the ordinance provision that restricted their size, they are considered legal-nonconforming. This means that the structures are allowed to remain until such time as they are damaged beyond 50% of their value, at which time they will be required to be removed. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission unanimously recommended denial of this request. Attachments Resolution Location Map Applicant's Letter Site Plan Photographs Letters from Neighborhood Planning and Zoning Commission Minutes ioctfullY'Ubmittcd' , I o e~ Cc: Ted Hurkman, 4087 146th Lane NW CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. - A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF TED HURKMAN FORA HOME OCCUPATION PLUMBING BUSINESS TO BE OPERATED OUT OF AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 2487 139TH AVENUE NW (PIN 33-32-24-11-0017 AND 33-32-24-11-0049). WHEREAS, Ted Hurkman has requested a Special Use Permit for a home occupation plumbing business to be operated out of an accessory structure on property located at 2487 139th Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the following criteria of Ordinance No.8, Section 4.30: 1. The property is approximately 2.6 acres in size which is below the three acre minimum lot size for this type of use. - 2. The accessory building is approximately 4,600 square feet in size which is significantly / larger than the 800 square foot maximum allowed by ordinance. 3. The structure is set back approximately 26.5 feet from the east property line which is less than the thirty foot minimum side yard setback required. 4. The proposed number of employees associated with the home occupation is greater than the one employee permitted byordinance. 5. The number of vehicles associated with the proposed home occupation exceeds the one vehicle allowed by ordinance, and; WHEREAS, the accessory structure does not meet current fire and building codes that apply to commercial construction, and; WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Special Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby '\ agrees with the recommendation of the Planning and Zoning Commission and denies the Special I Use Permit on said property. J 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 I Ted & Cindy Hurkman Special Use Permit #01-06 Plumbing Home Occupation '" '" '" ,.... ,.... 0> '" 0 L() .... '" <0 <0 <0 L() L() L() 14052 '" '" N N '" N .... .... .... .... ro ro ro 14033 '" '" ~ 0 L() .... '" '" <0 <0 (0 <0 L() L() L() 0 N N N N N '" '" .... ~ 14023 '" '" '" ~ ~ ,.... ,.... 0> '" '" ~ 0 (0 .... '" '" 14013 <0 <0 (!) <0 L() L() L() L() N '" N '" N N N N 14003 ~ 0 '" '" 13843 13842 13829 13828 13814 '" ~ L() .... .... .... N N N 13731 .... on '" ,.... '" on .... 13715 on on N N (1~91 k! \ I 'I \ 2148 1 '\ N / w-<:r' Project Location Map , City of Andover Planning Department , October 2, 2001 Julie Trude Andover City Council 13862 Holly St. NW Andover, l'v1N 55304 Re: Special Use Pennit Dear Ms. Trude, My wife and I are currently seeking a special use pennit to run our plumbing contracting business from our home at 2487 - 139th Avenue. This will be on the agenda for the City Council Meeting on October 16,2001. I am writing to you in order to bring tllls to your attention before the meeting actually takes place as I feel this matter needs more attention than it can be givenat the meeting. I attended the Planning and Zoning meeting on September 25, 2001, and was told that the Planning and Zoning Committee would not , recOlmnend that we be allowed to nm our business from our home as there are a few requirements about the property that do not meet the City's requirements for running a business from a residential property. There are two buildings on tlle property that would fit our needs for the business. One is a four car garage witll an office attached. This building is sheetrocked and heated. The other building is a large pole building. I am enclosing a copy of the letter tllat was sent to tlle Andover Planning and Zoning Department and a diagram of the property with the building locations along with driveways and adjoining properties in order that you may see what the property looks like. Noise from our business would not be an issue as we do not do any plumbing on tlle prelnises. All plumbing is done at the job sites. Our hours of operation are 7:00 a.m. to 3:30 p.m., Monday through Friday. I Page 2 We assume that the City is concerned about traffic when looking into something like this and we feel that this would not cause a problem in the neighborhood as the property is located just to the East and next door to Andover Fire Station #1. Any vehicles coming to or leaving our property would be using Crosstown Boulevard to 139th Avenue and they would not pass any other residential driveways before coming to our driveway. In seeing the amount of traffic coming to and from a home daycare or a home beauty salon, we feel that we would generate far less traffic than either of these home occupations as the 4 tmcks would leave in the morning and not return lmtil the end of the day. , I will be calling you in a few days and would be glad to answer any questions you may have; or if you prefer, you may call me at 323-0929 after 5:30 p.m. any evening. Thank you for your consideration. Sincerely, , j . ( ('. , .~' J~C (j ~Lf'\. CLtc[ iA/i)':";11(LA--, Ted and Cindy Burkman , .. ~'-------. .--"'., " -........" "..... -'. V/E-r LA J'J Ds ' " , ::: d.S,-! Ac.le,; 1 :I9-Tf\.\ ';::}~r.Lt-iL-(,---- 80'-> II --- -"00' . _ ~ ~. I If ,- I I 1 . I- I II Ii 13'" ""..j v ~JI 1 ~.II 1.\ .' " Ki'\n;s ___ ___ d. . VtVI t I II __ ."1 .- - '{O' l P, , ", , , " " I' , -, I, r ' , I I. " I "'I I ' , , I I " I .. ,I, " c';"." ; '-I / i . Ay\Ji:t:LI . I "l 1./.' .'" /1... .,-;b'tll'L .! ('> '\"li<.::-:>1 ~ i \ f. ""One. I I I . ' ("" 'i I '", , ~ j ',"",,, ",,' . j I - " :""'-- I("}''\' 3 :;;, T"iRt.' c. fn T --\ ~ '. .... . / '.J ..,) . r}\M~"..,() Cl.) I ~ / . .:j It:, '. ,1.N .j.... J n') . . .<t:: , V / -'-- -- I i 13<<1tb::Ave~ el"c.~5:Ti~/' ' ,," '\"'fl=-----.,~___ , I ~ 'e._ .., Ii / ---- --, ' 0---- I '. ~1 " ! "::~.'l<.. ;.; ~?It~, -, \fl_;_.~~;r:,)I. \ , . , r U.\ ( vi e llJ cF- house.... tiCY'\ + Vi c;: lLJ ,0;: Pole: \:)\...u Id I fj / ~.- !]i'" r _ '" "':11'~"~~~ :, 'l>'" ~~~"'~~r.J'?J ~~?;::'~~~" .. . , - , . ~<. :: :- Co _ I ' LJ CD.,of c..k\-c~CY-\(d ~(-on.{ i> \- \--\Oll>C l r)o.IO-S~C , ~L\ g'l- '") c +iI A I:J j-ve, Wednesday, September 19, 2001 7:46 PM To: From: Bruce Nelson Page: 1 of 1 " Bruce W Nelson Jr, 2351139th Ave, NW Andover MN 55304 763 767 0294 Attn.: Courtney Bednarz, City Planner Dear Andover City Council ( Planning and Zoning Commission) : Regarding the special use permit request ofTed Hurkman for a plumbing home occupation at 2487 139th Ave. NW. I am opposed to the proposed land change to allow a commercial business in my residential neighborhood, I don't feel this is the place for such a business and I am very concerned about the added traffic, noise, and other possible problems with running a business less then a 100 yards from my home. I live at 2351 139th Ave. NW Andover, If you have any questions, or need any further information, please contact me, - -, Sincerely, Bruce W Nelson Jr, I --- weanesaay, :september 19, 2001 7:~4 PM To: From: Bruce Nelson Page: 1 of 1 '\ Nathan J. Herr 2361 139th Ave, NW Andover, MN 55304 Attn,: Courtney Bednarz, City Planner Dear Andover City Council ( Planning and Zoning Commission) : Regarding the special use permit request of Ted Hurkman for a plumbing home occupation at 2487 139th Ave, NW I am opposed to the proposed land change to allow a commercial business in my residential neighborhood. I don't feel this is the place for such a business and I am very concerned about the added traffic, noise, and other possible problems with running a business next door to my house, I live at 2361 139th Ave, NW Andover, If you have any questions, or need any further information, please contact me, - Sincerely, , I Nathan J. Herr / SEP 19 2RR1 2R:R4 '?~~...1'Jt::::C::1"':!'l?l t::)Qr::= r.::l1 / PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 25, 2001 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on September 25,2001,7:04 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Jay Squires, Commissioners Douglas Falk, Mark Hedin, Dean Daninger, Larry Dalien, and Rex Greenwald. Commissioners absent: Commissioner Tim Kirchoff. -- Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES August 28, 2001 ' - Motion by Daninger, seconded by Hedin, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. PUBLIC HEARING: SPECIAL USE PERMIT (01-08) FOR A HOME OCCUPATION PLUMBING BUSINESS OPERATED FROM AN ACCESSORY STRUCTURE FOR PROPERTY LOCA TED A T 2487 139TH A VENUE NW - TElJ HURKMAN. City Plmmer Courtney Bednarz explained that the applicant is seeking approval of a home occupation to operate a plumbing business out of an existing detached accessory building on the subject property. The structures on the property were constructed many years ago before current regulations. The accessory buildings have previously been used for a home occupation electrical business. This use predated the applicable ordinances described below and was considered a non-conforming use after these provisions were added. This business ceased operations in 1987 or 1988. There have been several inquires since that time for accessory structure based home occupations on this property. None have been / approved. . . Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 / Page 2 Mr. Bednarz stated that the home occupation ordinance provisions that apply to accessory buildings are designed to keep these types of operations in rural areas and limit the impact on surrounding properties. The proposal represents a substantial departure from the intent of this ordinance. Staff recommends denial of this request. Mr. Bednarz stated that the property is zoned Single Family Urban Residential and guided for low-density residential development in the Comprehensive Plan. The detached accessory buildings complicate the subdivision of the property to achieve this result. The square footage of the detached accessory structures significantly exceeds the size of the principal structure. Due to the fact that these structures were constructed prior to the ordinance provision that restricted their size, they are considered legal-nonconforming. This means that the structures are allowed to remain until such time as they are damaged beyond 50% of their value, at which time they will be required to be removed. Illis property may be subdivided to create addition urban residential lots in the future. While the detached accessory buildings may be utilized for general storage at this time, approving a home occupation at this location would further complicate this transition in the future. -~- Chair Squires questioned how the nature of the proposed use of a plumbing business fits into Section 4.30 (B)(1). Mr. Bednarz stated that the intent of this section is to limit the affect on the neighboring properties. Chair Squires questioned if there isn't more of a list of potential home occupations than what is stated in point #7 of Section 4.30 (B)(I). He questioned how a plumbing operation would fit into the picture. Mr. Bednarz explained that the occupations within the principal structure are not included in the list because they have different requirements. He also noted that the ordinance references 'similar uses' which could be applied. Commissioner Daninger questioned Mr. Bednarz ifhe is aware of any of the inquires since 1988 tllat haven't been approved. Mr. Bednarz explained that several informational inquiries regarding home occupations for auto repair and other uses have been made in the past, but these requests haven't been pursued on to the level of the Planning and Zoning Commission. Commissioner Greenwald questioned Mr. Bednarz on why he's opposed to the request. Mr. Bednarz explained that home occupations that are operated in an accessory structure are designed to remain in rural areas. He mentioned that some of the other reasons are the number of employees and traffic that are limited by ordinance to keep the neighborhood free from intense commercial activity. Motion by Falk, seconded by Greenwald, to open the public hearing at 7:15 p.m. Motion / carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 3 ) Louie Rosenberg, 139th Avenue, stated that he lives right across the road from the property. He stated that the property was formerly used by US West. He stated that the request is a much less obtrusive operation than say cabinet making. He mentioned that west of the property is the fIre hall which generates a lot more activity than what this business would generate.. He stated that he has no objection to the request. Commissioner DaIien questioned if the accessory structure was used as an electrical building. Mr. Rosenberg stated that that is correct. Commissioner Dalien questioned Mr. Rosenberg on when the operation ceased. Mr. Rosenberg stated that the date provided by staff was the correct date. Commissioner DaIien questioned Mr. Rosenberg on whether the building has been used for any commercial use since. Mr. Rosenberg stated that to his !mowledge it hasn't been used since for any commercial use since that time. Bruce Nelson, 2351 139th Avenue, stated that he's concerned if there will be more than one employee working in the operation. He stated that he's also concerned about the -~.. -- increase in traffic it could generate. He mentioned that he did speak with an adjacent property owner who stated that he never liked the idea of the electrical business when it was in operation. Nathan Hare, 2361 139th Avenue, stated that he's opposed to the request since he and his wife are gone during the day and there could be considerable traffic. He stated that the activity along with not !mowing who the employees are concerns him. He mentioned that his property is only 26 feet from.:the accessory structure, therefore he has concerns regarding the noise and how it may affect the value of his property. Commissioner Greenwald questioned what kind of natural barriers exist that separate the properties. Mr. Hare stated that there is a privacy fence, however the building is much taller and is definitely visible from his house. Chair Squires stated that for the record Mr. Hare and another resident did write a letter to the City stating that he is opposed to the request. Mr. Hare stated that that is correct. Ted Hurkman, 2487 139th Avenue, stated that he has no problems with whatever the Commission decides. He mentioned that he does meet several of the requirements for special use permits. Commissioner Falk questioned Mr. Hurkman on how exactly he would use the accessory structure. Mr. Hurkman stated that he would use the building to store his supplies. , ) Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 4 " Commissioner Falk questioned if the building would be used for any manufacturing or maintenance purposes. Mr. Hurkman stated he would use the accessory structure for storage of vehicles and some limited business activities. Commissioner Greenwald questioned where Mr. Hurkman is currently running his business. Mr. Hurkman stated that he currently has his business along Hanson Blvd. He stated the location. Commissioner Greenwald questioned if the structure could be used for storage purposes without the special use permit. Mr. Bednarz stated that yes it could be used for storage. Commissioner Greenwald mentioned that even if the Commission doesn't grant the request, Mr. Hurkman would still be able to store his trucks in the building. Mr. Bednarz stated that that is correct. However, ifthe vehicles came to and from the property on a regular basis this could be determined to be a home occupation. Commissioner Greenwald stated that if that is the case the traffic isn't even an issue, since it probably would happen either way. Mr. Bednarz mentioned that currently the accessory building doesn't meet the current fire and building codes. Commissioner Greenwald mentioned that even if the Conunission doesn't grant the special use permit the building may still be used in a way that the neighbors don't approve. -- Chair Squires stated that in terms of enforcement staff would have to make ajudgement call. Mr. Bednarz also mentioned that if there is regular vehicle traffic to and from the site it may become an issue that staff would have to address. There was no further public input. Motion by Daninger, seconded by Hedin, to close the public hearing at 7:29 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Kirchoff) vote. Commissioner Daninger stated that it's nice to see residents attending the public hearings and stating the pros and cons of the request. He mentioned that because of the variances he wouldn't be able to recommend approval, however commended Mr. Hurkman for checking into it as a possibility. Conunissioner Dalien agreed. J - Regular Andover Planning and Zoning Commission Meeting Minutes - September 25, 2001 Page 5 Commissioner Falk stated that he would like to give the applicant credit for trying to put the request through. He stated that he has no choice but to vote for denial because of the ordinances. Commissioner Hedin stated that he agrees with the rest of the Commission. He mentioned that at least the applicant can use the structure for storage so the building isn't wasted. Commissioner Greenwald stated that he doesn't agree with the ordinance. He stated that he doesn't feel the ordinance is fair. He mentioned that he is concerned about growth and what would happen if it became an issue. He stated that he wouldn't be able to vote for it because of the ordinances, however commended Mr. Hurkman for bringing it forward. Motion by Daninger, seconded by Greenwald, to recommend to the City Council approval of Resolution No. _, denying the Special Use Permit request of Ted Hurkel for a home occupation plumbing business to be operated out of an accessory structure on property located at 2487 139th Avenue NW. Further Discussion Chair Squires mentioned that it's important when the Commission recommends denial to / support it with findings. Commissioner Daninger stated that his intent was to include the six findings as prepared in the resolution. Commissioner Greenwald agreed. Commissioner Hedin suggested staff look at the possibilities of revising the ordinance. .- He stated that had the 3 acres been the only variance he would have voted for approval. He also mentioned that there are very nice accessory buildings out there that aren't a 100 feet from the front yard setback. Chair Squires suggested staff take a look at the ordinance. Motion carried on a 6-ayes, a-nays, I-absent (Kirchoff) vote. Mr. Bednarz stated that this item would be reviewed at the October 16,2001 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (01-09) FOR HOME OCCUPATION BEAUTY SALON LOCATED AT 898138TH AVENUE -RACHEL BORGEN. Mr. Bednarz eXplained that the applicant is seeking approval of a special use permit to allow a home occupation beauty salon within the principal strm:ture of the subject property. He stated that if approved all applicable ordinances would be required to be met. He stated that the in-home beauty salon would be limited to one chair. Adequate I parking is available in the driveway. The applicant will comply with all applicable state @ \ 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 Administrator'ft-' FROM: David 1. Carlberg, Community Development Director SUBJECT: Revisit Preliminary Plat! Association DocumentslDevonshire Estates/Creekside Homes, LLC - Planning DATE: October 16,2001 INTRODUCTION The City Council is requested by Creekside Homes, LLC to revisit the preliminary plat and the association documents for the Plarmed Unit Development of Devonshire Estates. DISCUSSION The City Council on September 4, 200 I approved the preliminary plat of Devonshire Estates. The Council added a condition to the approval regarding a variance to the three-foot separation between the low floor and the seasonal high water mark in order to achieve basements. The Council also added a condition that an L-shaped fence or wall be constructed around the patios. The granting of the separation variance (1' variance was necessary) resulted in the ability to provide basements. Also, the developer can now provide decks versus the at-grade patios. In order for the developer to construct decks, the Council will need to approve the attached resolution amending Resolution No. R129-01 that required under condition No.8, the construction of patios and the L-shaped wall or privacy fences. The City Council is also requested to approve an amendment (attached) to the association documents (Declaration) to allow the decks to encroach into the common area. The language in Article VII, Section 3A, Easements for Encroachment is standard boilerplate language that allows the deck encroachment. ACTION REQUIRED Adopt the attached resolution amending Resolution R129-01 and accept the changes (by motion) to the declaration to allow the deck encroachment. Respectfully submitted, # / (UduV David L. Carlberg Community Development Director Cc: Dave Harris, Creekside Homes, LLC (241 Jackson Street, Anoka) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , RES. NO R -01 A RESOLUTION AMENDING RESOLUTION NO. R129-01 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 City Council on September 4,2001, added a condition to Resolution No. R129-01 to allow Staff to determine the variance required to the three foot separation between the low floor and the seasonal high water mark to construct basements in the units of the development of Devonshire Estates; and WHEREAS, as a result of granting the one foot variance and providing for basements in the units, the developer is able to construct decks on the units instead of the proposed at-grade patios; and WHEREAS, in order to allow the developer to construct decks, Resolution No. R129-01 must be amended to remove all references to the construction of patios and the NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby amend Resolution No. R129-01 approving the Preliminary Plat of Devonshire Estates with the following conditions: 1. Conditions No. 1-7 of Resolution No. R129-01 shall remain as written and adopted by the City Council on September 4, 2001. 2. The developer shall construct decks on the units in place of the patios and the required L- shaped fence or wall. Adopted by the City Council of the City of Andover this 16th day of October, 2001. CITY OF ANDOVER ATTEST: 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 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 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 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 of land 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 of125.93 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. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R129-01 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. I 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. I 7. Staff to determine variance required to three-foot separation from the provisions of the ordinance if needed to be able to construct basements for multiple family structures from a safety standpoint and as required as a apart of the PUD. 8. Patio privacy walls shall be constructed in an L-shape to provide additional privacy. Adopted by the City Council of the City of Andover this 4th day of September, 2001. CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor I -- (g) other rules facilitating the operation of too 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 VIT. EASEMENTS Section 1. General. In addition to the easements, covenants, restrictions and conditions herein, all 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. Utilitv 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 buiMing or other cause, an exclusive easement appurtenant to said encroaching Lot for such encroachment and the maintenance thereof shall exist. .-7 3A. Each Unit and the Common Elements and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, porches, patios, utility installations and other appurtenances. Such easements shall continue for as long as the encroachment exists and or is repaired or is replaced, and shall not affect the marketability oftitIe. ~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 FROM: John Erar, City Administrator SUBJECT: Andover Athletic Association - Request for Ordinance Change DATE: October 16, 2001 INTRODUCTION My office has received the attached communication from the Andover Athletic Association requesting an opportunity to address the Council on issues regarding the City's Charitable Gambling Ordinance. , DISCUSSION I In anticipation of Council's discussion, staff has researched and provided Council with some additional information regarding lessor and lessee restrictions and requirements. Staff was not able to obtain any additional information on lease revenue restrictions as this was not available on the Gambling Control Board web site. Minnesota Statute 349.213 is also attached, but does not contain information on this aspect oflocal government control. In speaking with the City Attorney, there is no "clear" authority in state statute that either authorizes or prohibits local government authority in this area. Local government units are generally free to adopt rules that are more restrictive than state statute, but do risk creating situations that are legally challengeable by an aggrieved group. This is not to suggest that a governing body cannot or should not adopt more stringent requirements based on community considerations, but there are inherent risks in taking a position beyond what is generally authorized in state statute. Based on staffs review of neighboring communities, the City of Andover appears to be in a very unique position of restricting lease space revenue amounts that an establishment may charge a group for conducting charitable gambling on their respective premises. According to the state Gambling Control Board, the establishment may charge a charitable gambling group for additional services such as clean-up, and other documental services over and above the $1,000 rental fee generally defined as "allowable expenses". State statute 349.12, Subd. 3a) defines ) allowable expenses as: , Subd. 3a. Allowable expense. "Allowable expense" means the percentage of the total cost incurred by the organization in the purchase of any good. service. or other item which corresponds to the proportion of the total actual use of the good. service. or other item that is directly related to conduct of lawful gambling. Allowable expense includes the advertising of the conduct of lawful gambling, provided that the amount expended does not exceed five percent of the annual gross profits of the organization or $5,000 per year per organization, whichever is less. The board may adopt rules to regulate the content of the advertising to ensure that the content is consistent with the public welfare. ACTION REOUIRED Council consideration of the request by the Andover Athletic Association to revise the City's Charitable Gambling Ordinance pertaining to allowable expenses. Respectfully submitted, /1 I " I Cc: Tom Berard, 3510 I 53rd Avenue N.W., Andover, MN 55304 I R Cf'"' r-1\ l.e-- '-, ,-Vl--;.,f l'>~'" r %.- '._ ~ .,/ '"- W OCT 0 ,~ 2001 I ^^ ~ NDOVER vy clr' o~ -- -- H',." ''-R ~~ .. 'i'" j-, 1.... L ~) V :: ~~ October 2, 2001 John Erar 1685 Crosstown Blvd, NW Andover, MN 55304 Dear Mr. Erar, I am writing to you in hopes of getting on the city council agenda for the October 16th meeting. I would like to present the city council with an overview of the Andover Athletic Associations activities within the city. We also would like to request the city council amend the current city ordinance that restricts payments to host establishments to $1000 for renting the space and restrict payment for waste removal and clean up. Our group has been working with Brad Povlitski the owner ofpovs sports bar in , Andover. Mr. Povlitski has signed a lease with our organization that meets the lawful I requirements of the state of Minnesota, however is not legal in the city of Andover. Our group and Mr. Povlitski contend that the ordinance represents an economic hardship on his establishment and infringes on our opportunity to operate as a charitable gambling organization within the city. This ordinance seems to be a rather unique restriction that doesn't exist in most other communities including our neighbors in Ramsey and Anoka. The Andover Athletic Association has over 2000 children participating in our program in several different sports. Our group would like to outline how we plan to spend the money within the Andover market area and the positive impact it would have on the children of Andover. We also would like to point out to the council that our group is not in need of the cash to continue operations but is in a unique position to administer the funds to help a broad spectrum of Andover residents. ~~ Tom Berard President Andover Athletic Association " I 3510 153'" Ave NW. Andov..., MN 55304 763,427.0480 Minnesota Statutes 2000, 349.213 http://www.revisor.1eg.state.nm.uslstatsl349/213.html Minnesota Statutes 2000. Table of Chapters , . Table of contents for Chapter 349 349.213 Local authority. Subdivision 1. Local regulation. (a) A statutory or home rule city or county has the authority to adopt more stringent regulation of lawful gambling within its jurisdiction, including the prohibition of lawful gambling, and may require a permit for the conduct of gambling exempt from licensing under section 349.166. The fee for a permit issued under this subdivision may not exceed $100. The authority granted by this subdivision does not include the authority to require a license or permit to conduct gambling by organizations or sales by distributors licensed by the board. The authority granted by this subdivision does not include the authority to require an organization to make specific expenditures of more than ten percent from its net profits derived from lawful gambling. For the purposes of this subdivision, net profits are gross profits less amounts expended for allowable expenses and paid in taxes assessed on lawful gambling. A statutory or home rule charter city or a county may not require an organization conducting lawful gambling within its jurisdiction to make an expenditure to the city or county as a condition to operate within that city or county, except as authorized under section 349.16, subdiviSion 8, or 297E.02; provided, however, that an ordinance requirement that such organizations must contribute ten percent of their net profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction to a fund I administered and regulated by the responsible local unit of government without cost to such fund, for disbursement by the responsible local unit of government of the receipts for (i) lawful purposes, or (ii) police, fire, and other emergency or public safety-related services, equipment, and training, excluding pension obligations, is not considered an expenditure to the city or county nor a tax under section 297E.02, and is valid and lawful. A city or county making expenditures authorized under this paragraph must by March 15 of each year file a report with the board, on a form the board prescribes, that lists all such revenues collected and expenditures for the previous calendar year. (b) A statutory or home rule city or county may by ordinance require that a licensed organization conducting lawful gambling within its jurisdiction expend all or a portion of its expenditures for lawful purposes on lawful purposes conducted or located within the city's or county's trade area. Such an ordinance must be limited to lawful purpose expenditures of gross profits derived from lawful gambling conducted at premises within the city's or county's jurisdiction, must define the city's or county's trade area, and must specify the percentage of lawful purpose expenditures which must be expended within the trade area. A trade area defined by a city under this subdivision must include each city and township contiguous to the defining city. (c) A more stringent regulation or prohibition of lawful gambling adopted by a political subdivision under this subdivision must apply equally to all forms of lawful gambling within the jurisdiction of the political subdivision, except a political subdivision may prohibit the use of paddlewheels. lof2 10/10/2001 11:12 AM Minnesota Statutes 2000, 349.213 http://www.revisor.leg.state.nm.uslstatsl349/213.hnnl Subd. 2. Local approval. Before issuing or renewing a premises permit or bingo hall license, the board must notify the city council of the statutory or home rule city in which the , organization's premises or the bingo hall is located or, if the premises or hall is located outside a city, the county board of the county and the town board of the town where the premises or hall is located. The board may require organizations or bingo halls to notify the appropriate local government at the time of application. This required notification is sufficient to constitute the notice required by this subdivision. The board may not issue or renew a premises permit or bingo hall license unless the organization submits a resolution from the city councilor county board approving the premises permit or bingo hall license. The resolution must have been adopted within 60 days of the date of application for the new or renewed permit or license. Subd. 3. Local gambling tax. A statutory or home rule charter city that has one or more licensed organizations operating lawful gambling, and a county that has one or more licensed organizations outside incorporated areas operating lawful gambling, may impose a local gambling tax on each licensed organization within the city's or county's jurisdiction. The tax may be imposed only if the amount to be received by the city or county is necessary to cover the costs incurred by the city or county to regulate lawful gambling. The tax imposed by this subdivision may not exceed three percent of the gross receipts of a licensed organization from all lawful gambling less prizes actually paid out by the organization. A city or county may not use money collected under this subdivision for any purpose other than to regulate lawful gambling. A tax imposed under this subdivision is in lieu of / all other local taxes and local investigation fees on lawful gambling. A city or county that imposes a tax under this subdivision shall annually, by March 15, file a report with the board in a form prescribed by the board showing (1) the amount of revenue produced by the tax during the preceding calendar year, and (2) the use of the proceeds of the tax. HIST: 1984 c 502 art 12 s 18; 1986 c 467 s 25; 1987 c 327 s 21; 1988 c 705 s 1; 1989 c 209 art 1 s 35; 1989 c 334 art 2 s 44,45; 1989 c 335 art 1 s 220; 1990 c 590 art 1 s 37; 1991 c 199 art 2 s 1; 1991 c 336 art 2 s 34; 1994 c 633 art 2 s 19; art 5 s 96; 1994 c 633 art 2 s 2; 1995 c 264 art 17 s 11; 1998 c 322 s 6; 2000 c 300 s 8 Copyright 2000 by the Office of Revisor of Statutes, State of Minnesota. / 20f2 10/10/200111:12 AM Lessor Restrictions and Requirements , , We often receive questions about the relationship between organizations and lessors: What authority does the lessor have over my operation? . May the lessor prohibit us from our leased premises? The answer in each case is very clear: Your organization has total responsibility for the gambling activities conducted under its license. If the lessor puts your organization in a position where there is a loss, a violation, or a situation where your organization does not have total control of its gambling operation, your organization may suffer. Be sure that your organization's internal controls are structured so that control of your gambling operation is maintained by your organization-not the lessor, a consultant, an accountant, or other person(s) outside of your organization. ( MANAGEMENT PROHIBITED ) ( GAMBLING MANAGER ) May our lessor manage our gambling May our gambling manager be an immediate operations? family member or employee of the bar owner No. A lessor may not manage the conduct of from whom the premises is leased? gambling at the premises. However, your organiza- No. Minnesota Rules 7861.0060, Subp. 2H states tion is encouraged to establish an effective working that your organization may not employ any of the relationship with your lessor to ensure that only following as a gambling manager: lawful gambling is conducted on the premises in . the lessor, compliance with statutes and rules. . a member of the lessor's family, or Your organization and its gambling manager are . an employee of the lessor. responsible for managing the gambling activities. [Minnesota Rules 7861.0040, Subp. 4A(12)( c)] Our gambling manager is thinking about buying the bar at which our organization has a premises permit to sell pull-tabs. May this person continue to be our gambling manager if the purchase is made? No. By purchasing the premises, your gambling manager would become your lessor and no longer meet gambling manager licensing requirements. [Minnesota Rules 7861.0060, Subp. 2H.] , Page 1 02/01 -- Lessor Restrictions and Requirements , ( BUYING PULL-TABS ) ( COMPENSATION ) May our lessor buy pull-tabs if he or she does May we pay the lessor a salary to manage the not sell pull-tabs? conduct of lawful gambling at the site? No. No. Minnesota Rules 7861.0040, Subp. 4A(12)(c) states the owner or the lessor of the premises will May the lessor's sister buy pull-tabs at our not manage the conduct of gambling at the premises? premISes. No. Your organization may not permit the lessor's immediate family to participate as players in the May we pay the lessor of our permitted conduct of gambling at the leased premises. premises to sell pull-tabs at that site? [Minnesota Rules 7861.0040, Subp. 4A(12)( d); Yes. Your organization may compensate the lessor 7861.0060, Subp. 2G]. An immediate family as an employee who participates in the conduct of member means spouse, children, parents, and gambling. Your organization must keep siblings (brothers and sisters) [Minnesota Rules documentation (complete and accurate payroll 7861.0010, Subp. 31]. records) that supports the reasonable amounts paid to the lessor for the conduct of pull-tab sales. May our lessor's employees buy pull-tabs at our The compensation rate of pay must be approved by premises? The lessor's employees may buy pull-tabs on the your organization, recorded on the LG205 - premises if: Compensation Schedule, and submitted to the (I) major prizes are posted for all pull-tab games, Gambling Control Board. and (2) the employee is not involved in the sale of pull- May we pay the lessor a lump sum check for all tabs at that site. of the bar employees who sell pull-tabs for our , / organization? The lessor will in turn pay the Sale is defmed as: bar employees. . selling pull-tabs; No. Minnesota Statutes 349.168, Subd. 6 requires . redeeming winning pull-tabs; that compensated employees must be paid by the . auditing games; organization in one of the following ways: . making deposits of receipts; and . with a check from the gambling account and . performing inventory of pull-tab paid directly to the person being compensated: games. . transferred electronically from the organization's gambling account directly to the employee's bank Our lessor's employees sell pull-tabs at our account; or . transferred electronically to and from the account permitted premises. May they buy pull-tabs of a payroll processing firm for payment to the before their shift starts, when their shift ends, employee's account. or on a day off? No. May we pay employees who sell lottery tickets ( ) in addition to pull-tabs with a check from our VOLUNTEERS are employees gambling account? Our lessor and bartenders redeem winning You may only pay a portion of the employee's tickets from our pull-tab dispensing devices. wages for duties directly related to the conduct of Are they considered our employees even if we lawful gambling (pull-tabs, tipboards, paddlewheels, raffies, and bingo) from your gambling account. don't compensate them from our gambling Wages related to lottery sales are not a lawful funds? gambling allowable expense. Yes. Any person involved in the conduct of gam- bling for your licensed gambling organization is Receipts and expenses for the sale oflottery tickets considered to be a gambling employee whether they must be kept separate from your lawful gambling ) are paid or not paid (volunteer). [Minnesota Rules account. [Minnesota Statute 349.19, Subd. 2; 7861.0080, Subp. lB.] Minnesota Statute 349.12, Subd. 3a. and Subd. 24] Page 2 Lessor Restrictions and Requirements .' ( MISCELLANEOUS ) Our lessor wants to sell promotional How can we protect our organization from merchandise from the pull-tab booth during our demands that our lessor makes that could cause operating hours. Is this allowed? our organization to be in violation of statute and No. The space for your organization's pull-tab rules? booth is being leased from the lessor for the By signing the lease form, the lessor agrees to not purpose of conducting your lawful gambling. require your organization to perform any actions that Therefore, the sale of the lessor's merchandise from would be in violation of statute or rule. the booth is not allowed. [Minnesota Statute 349.18, Subd. l(b).] What responsibility does the lessor have regarding illegal gambling on the premises? May our lessor sell or serve food and beverages By signing the lease form, the lessor affirms that he in our leased bingo area during the time when or she is aware of the prohibition against illegal bingo is being conducted? gambling in Minnesota Statutes 609.75 and the Yes. [Minnesota Statute 349.18 Subd. l(b)] penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. May our lessor prohibit access to the permitted In addition, the lessor affirms that to the best of his premises? or her knowledge any and all games or devices No. By signing the lease form, the lessor gives located on the premises are not being used and are permission to your organization to have access to not capable of being used in a manner that violates the permitted premises during any reasonable time the prohibitions against illegal gambling as stated in and when necessary for the conduct oflawful Minnesota Statutes 609.75. gambling on the premises. Our organization is negotiating a lease to sell pull-tabs at a local bar. The lessor wants us to purchase gambling product from a specific distributor. Is this permissible? No. A lessor may not require your organization to buy gambling -related product from a specific distributor. [Minnesota Rules 7861.0060, Subp. 2A.] / Page 3 -- Lessor Restrictions and Requirements , J Who May and May Not Participate as a Player on the Leased Premises Lessor Lessor's Family (spouse, Lessor Employees child, parent, brother, sister) Pull-Tabs The lessor may not The lessor's family may not The lessor's employees may purchase pull-tabs on the purchase pull-tabs on the purchase pull-tabs on the leased premises. leased premises. premises provided: (I) major prizes are posted for all pull- tab games, and (2) the individual is not involved in the sale of pull-tabs at that site. * Tipboards The lessor may not The lessor's family may not The lessor's employees may purchase tip board tickets purchase tipboard tickets on purchase tipboard tickets on on the leased premises. the leased premises. the premises provided: (I) major prizes are posted for all tipboard games utilizing a , multi-ply ticket, and (2) the individual is not involved in / the conduct of gambling for the organization at the leased premises. Paddlewheels The lessor may not The lessor's family may The lessor's employees may purchase paddletickets on not purchase paddletickets purchase paddletickets if the the leased premises. on the leased premises. individual is not involved in the conduct of gambling at the leased premises. Bingo The lessor may not play The lessor's family may not The lessor's employees may bingo at any bingo occasion play bingo at any bingo play bingo at a bingo occasion on the leased premises. occasion on the leased if the individual is not preffilses. involved in the conduct of gambling at the leased premises. Raffles If the premises is leased, If the premises is leased, If the premises is leased, the the lessor may not the lessor's family may not lessor's employees may purchase raffle ticket( s) purchase raffle ticket( s) for purchase raffle ticket( s) if the for raffle drawings raffle drawings conducted individual is not involved in conducted on the leased on the leased premises. the conduct of gambling at premises. the leased premises. * NOTE: The sale of pull-tabs includes, but is not limited to, auditing pull-tab games, redeeming winning pull-tabs, performing inventory of pull-tab games, making deposits of receipts from pull-tab games, and the sale of pull-tabs to players. (Minnesota Rules 7861.0080 Subp. lB(2)) Page 4 ~- @ , CITY OF ANDOVER , j 1685 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 Administrato~ FROM: Scott Erickson, City Engineer SUBJECT: Approve Quotes/Ol-29/Fire Stations 1 & 2 Facility Repairs (Supplemental)- Engineering DATE: October 16, 2001 INTRODUCTION Quotations are currently being obtained to perform the repair work identified by Bonestroo, Rosene, Anderlik & Associates (BRA) for Fire Stations #1 and #2. The quotations will be presented at the meeting for Council consideration. DISCUSSION City staff has been coordinating with representatives from the consulting firm of BRA regarding J the repair work necessary for Fire Stations #1 and #2. BRA has prepared the necessary details and specifications for the repair work and currently are in the process of obtaining pricing. The , City will need to contract with two separate contractors for the repair work. One contract will initiate the roof repairs while the second contract will provide for the repair of the damaged block. It is anticipated that pricing will be obtained for each segment of work and will be presented at the meeting. The work identified above will "seal" the building from the intrusion of water and should eliminate any additional water damage from occurring to either fire station this winter. Early next spring it will be necessary to contract for additional "tuck pointing" (concrete joint repair) along with the application of a clear sealant to the exterior surface of each building. BUDGET IMPACT The funding for this work will be from the 200 I General Fund Contingency and interest earnings generated in the Capital Equipment Reserve Fund. ACTION REQUIRED Upon receipt of favorable quotations the City Council will be requested to award a contract to each of the low bidders. The pricing and recommendation will be presented at the meeting. Respectfully submitted, , ~#~ ) Scott Erickson Scott Erickson . From: Rautmann, Mike T [mrautmann@bonestroo,com] Sent: Wednesday, October 10, 2001 10:45 AM 'To: 'jerar@ci.andover.mn.us'; 'serickson@ci.andover.mn.us' " John and Scott, Here's an update on the bidding for the Fire Sations. I sent plans, bid form, and a sample contract (Andover one page contract) to the contractors today by delivery service. I have requested bids by this Friday so we can send them to the council next Tuesday. The packages went to the following contractors: Roofing repairs - Northwestern Waterproofing and All Weather Roofing Masonry repairs - Building Restoration Corporation and Macpherson-Towne Company I will let you know what the bids are as soon as I receive them. Thanks, Mike Rautmann J 1 -- @) ~ , CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CJ.ANDOYER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Schedule Special Council Meeting !Executive Session DATE: October 16,2001 INTRODUCTION Council has received performance evaluation forms from Jim Brimeyer that will be used for the six-month performance review of the City Administrator. In addition, Council had indicated an interest in discussing issues related to Council expectations of the administrator. DISCUSSION With respect to Council discussion regarding expectations they have of the administrator position, these issues can be discussed in open work session. In terms of the performance evaluation, I would request that performance evaluation feedback be provided to me in executive session as provided for under state statute. A date to hold this work session\executive session is tentatively proposed for Thursday, November 8, 2001 at 7:00 pm in Conference Room A. Mr. Brimeyer has requested that evaluation forms be mailed to him no later than Monday, October 29,2001. ACTION REOUlRED Approve a special Council work\executive session for Thursday, November 8, 2001. \ ; -- @ , CITY OF ANDOVER 1685 CROSSTOWN BOULEY ARD N.W. . ANDOYER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOYER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Joint City Council Meeting - Proposed Agenda Topics DATE: October 16,2001 INTRODUCTION A joint City Council meeting with the city of Coon Rapids has been scheduled for Thursday, October 25,2001 at the Seasons Restaurant in Coon Rapids. DISCUSSION In an effort to better define issues that both governing bodies may wish to discuss, and with recognition that discussion time may be limited, Council is requested to identifY and prioritize topics for that evening's joint work session. Several topics have been identified and are attached for your review. The joint meeting will begin at 6:00 pm, with dinner beginning at 6:30 p.m. and the meeting concluding between 8:30 and 9:00 p.m. BUDGET IMP ACT None. ACTION REOUIRED Select and prioritize agenda topics from the attached list. As this dinner meeting is expected to combine both socialization and City business items, Council may wish to select their top 2 or 3 choices for the meeting agenda. It could be anticipated that each agenda item will probably take between 20-40 minutes for presentation and joint discussion. RespectfuLted, t4 ohn Erar --- . , PROPOSED AGENDA TOPICS FOR JOINT MEETING WITH COON RAPIDS 1) Former Yahama Site Property development a. Development Proposal b. Traffic c. County Facilities d. Hanson Boulevard Upgrade 2) Hwy lO-Hanson Blvd. Interchange Improvements a. Project DesignlFunding Status b. Signal Light Timing 3) County Aquatic Facility - County Request for City Assistance 4) Legislative Issues a. District #11 Funding Issues b. State Aid Cuts c. Opportunities for Joint Efforts 5) Joint City Service - Resource Sharing Opportunities 6) Rail Road Issues a. Train Whistleblowing Efforts - Status b. Railroad SpilllHazardous Material Response Plan \ , 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 Administrator~ FROM: David L. Carlberg, Community Development Director SUBJECT: Mayor/Council Input - Special Use PermitJBill's Superette - Planning DATE: October 16,2001 INTRODUCTION The City Council on October 2, 2001, directed the City Attorney and staff to explore the possibilities of making a zoning/use change and whether or not the change could legally be sustained. Council also requested that part of the review would be to look at the changes to the surrounding area that have occurred since the issuance of the Special Use Permit, to look at the I different types of limited business activities that could be applied on that site, to look at all open Special Use Permit sites that do not have sunset clauses and to look at whether or not the ordinance could be changed to provide for some type of retroactive sunset provision. DISCUSSION The City Attorney is currently preparing a legal opinion on the Council's request. Additional time is needed for the preparation. ACTION REQUIRED Table the item to the November 6, 2001 City Council meeting. Respectfully submitted, ~/~ David L. Carlberg Community Development Director CC: Patrick Fugina-1511 138th Lane NW , / c0'3~l:ld ~S:60 100c 11 lJD ~ Mr. Mayor, Council Members, I am writing in regards to the Nature's Run Development located at the intersection of Hanson Blvd. and Andover Blvd. I will probably be unable to attend the City Council Meeting on October 16, and would like to voice a question concerning this development. In February, Dennis Gimmested from the Minnesota Historical Society Mote a letter to the U.S. Army Corps of Engineers in regards to the aforementioned development. In the letter he states "There are recorded properties in this project vicinity - including burial areas. In addition, we believe that there is a good probability that unreported archaeological properties might be present in the project area. Therefore, we recommend that a survey of the area be completed." In July, Mark Dudzik from the Office of the State Archaeologist wrote a letter to the City of Andover. In the letter he addresses the location of a known burial area. (site 21-AN- OOOa) "In the course of reviewing same, it became evident that the reported burial area- a Native American burial mound - was actually located in T32NIR24/Section 26 rather than Section 27 as reported by SHPa. This reported location (section 26) is well outside of the proposed project area." - If you read the letter from the Minnesota Historical Society, Mr. Gimmested does not indicate anywhere, that site 21-AN-OOOa is in the project area as Mr. Dudzik suggests. He merely states that there are recorded properties (meaning site 21-AN-OOOa) in the vicinity. In addition, he believes that there is a good probability of unreported archaeological properties within the project area. Mr. Dudzik's letter fails to address the issue of the probability that there is an unreported archaeological property within "Natures Run". In fact, he doesn't mention it at all. He goes so far as to admit that he doesn't know the location of the one known site when he states, "Additionally, the precise location of this poorly documented feature within Section 26 is poorly known". It is apparent that Mr. Dudzik is unaware of the location of the site, he also doesn't know if there are any other sites in the area, and has never been to the project area. The Minnesota Historical Society has recommended that a survey take place. They have a strong belief that there is a historical site within the project area. Yet, Mr. Dudzik has ignored their request and failed to address the issue. This failure to address the issue leaves the City of Andover in a precarious position. If the City allows the Developer to proceed and during the excavation a historical site is unearthed, the city will have knowingly allowed the developer to disturb a Cemetery. However, if the citywere to pursue a survey ,vith the historical society, it could then determine whether there are any unrecorded sites within the project. Ifnone were fOWld then the development could proceed 'without any fear of litigation from the Council for Indian Affairs. ~0.3::JlOd 8S:60 100c 11 lJO . The developers, being of high standing, and of good repute, shouldn't have any objection to a survey. You can be sure the last thing that they would want to do, is to disturb an Ancient Burial Ground. They would probably welcome the opportunity to participate in order to clear the way to proceed with their development. Questions: . Has anyone from the City of Andover contacted the Minnesota Historical Society and spoke with their Archaeologist? . Has anyone from the City of Andover contacted the Council for Indian Affairs about the procedures required in order for the project to proceed? . Has anyone from the City contacted the U.S. Army Corps of Engineers concerning this project? . Has the City's legal council investigated the possibility that the City of Andover may be liable? Respectfully, Thomas Enzmann In& Andover Blvd. NW Andover, MN ~6~ j70'3~i:jd 8S:60 100c 11 l~O 1 " ):. e . it ~ 11 ~W;;.e:SOT.A. H~"ORlCA.LSO('llriY SJ:,... '!! HlsrORlC PRESERV." nON Ol'PlCE FebnJaty HI. 2001 Mr. Tim ,..U U.S. Arrrt; CQrps r:i En91r.'HllI 1 ilO '!fI' !tIN: E_ St. PsuI. MN 56101.1638 , I'!E: .2O:::10182JJl; D.H. Land COmpany , , , Olaetliirg~ ~11.~u Ruo [1j~e/)lI.I, daY9J9Prnen~ 'l'32R24S27.Anclca~ . - ... ,. .. .... W -"'-, T"~_ Sl-IPO Number: 200~.1 088 G, Dear Mr. FtlG: -- ThtJnk you for the opporwnity to rvvl~w and comment on 1M above proJect. It l1il been revlewed.pursuant Ie me I'8spo~lIl!lIRl1u giv41~ ttl6 Slate Hiatol'l<: PraJltlMll!or. omc.r by ~19. Na1I~~ H~ Preea~ot'r At;! Of 1 S65 Qnd Ihe prOeltdUJ"l;$ of IT10l Advisory CounCIl on Hlstorie ?lWserml;:n (~CI'R600). , Ther~ BrG reeordt<l ~topel'!il:s in thia lll'Ojec.l vicinity - inch.ding bLlri~1 areas. In addition. W$ !)01;ev9 thl:lttho~ i$. 51~d pro.beblHty that unreport~d lIrchaeclo;lca1llrOptlrtio, might be prMent 1M ~ preJvd are<!. Therefore. we recolr.mcr.d tr.at a ;urvey of the ar.. b. oomp~~. 1'hll GUN8y m.lJ6t meEl. lhe rioqUlrllmeml at lI1e ~el8ry of the Ir1tirtor'.. StandaTd$1or lderttlfleatlon and Ev.luat!on, and Sl'louJd fnclude lln ....aluatlon of N.wnal Re~I~r 0lI1Qil)Wt)> fw llny prQ~.nles !het II,.. id'lntlll&d. Irthe project ar~ can be oocumem.d 41$ prevlo~ly disturbed or p~vlQusly $urv.y.d. wt will (...".I~ !he need for cuJ"\l9Y. Pr~ly dh~lurtl.d a,... era those whcrw the natlJltl!ly oceurrlng pC'P9lllci~llQlla end .wiments have tloen r,~tJy rtmQved. Any prevlous s:JrVey Wort; !'n\.lStrnait conll!mllO/ilry s1Jillda~. Sln~ \t1er. 1& ;\ burllll aM In 'alls I'r:ljact v\c':nlty. thll r!lC:1ulram~w of thll Mll'l."l=~ Private Cl!metl!rll!$ Act will alao nUild to be zed-rued. If YQl,I h~e tm~ Que:t!O!'lt ~n ow r."liW o1lhls PIJ)ed.. pl.... contact mil at (55') 296. . &462. -:::1,......:: :'::.::":'~':'""y'.. " ~ ....~ ~.:.. : f:: l",1 ..' :: Slnoll19!y. ! : lSl$ \..:l j .... I. \1d. "~!. .4'1 , _-Ih' , . ...'!' FE8 2- . '200, ~ 1ii"".....Girn;;;md '.:':' .. ~L GOvllmmetlt Prog~$'and,eOmPltariC8 Officer GI!'iiPi~o.;' '~N . .... \,~ t 1 , sr. PAUL Of TRI ' cc: MarX ~ud:z:lK. Sunil ArMaeolO;j\SI r~ULAmaY BRAACH ; .. 4 ,._ ~~,! ~"tJ~I(:.: n<l'i;r'''\':'~1l 'h;..rr I !l.\WT r,IIII.. M'I"'" ,(11', ;';11\% 1'.,ftl1'VJ.t.I'II11~ t.~ (';1 ~\lI. ~~o S0'39l:::ld 8S:60 t00G tt l~O , # s'!}JB~C\ RECEIVED . July S, 2001 I}^' ~\ ~ l"' SI. 0 JUL 9 2001 \loA Q David Carlberg, Director %.:Ii Community Development, City of Anoka ~so~~ CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover, MN 55304 RE: D.H. LandCompany/Nature 's Run residential developmentproject (dischargefill); Anoka County, T32N/R24/Section 27 - potential Native American "burial mound" issue (21-AN-OOOa) Dear Mr. Carlberg, TI1ank you for your recent inquiry re: the above project, As discussed previously, the State Historic Preservation Office (SHPO) had previously reviewed this project -_. . for potential impacts to cultural resourceS. In thcir correspondenco of 02.18.200, SHPO reported that there was a "burial area" (site21.AN-000a) in the vicinity of the project, and indicated thatprovisiollS oiMS 307.08 (section of the "Private Cemeteries Act") would need to be considered. OSA had opportunity to review and comment on this potential burial issue. In the course of reviewing same, it became evident that the reported burial area - a Native American burial mound - was actually located in T32N/R24/Secrion 26 rather rhan Secrion 27 as reported by SHPO. ThiS rer)07'ted location (section 26) is well outside ofrhe proposed vroiect area Additionally, the precise location of this poorly documented feature within 1;lection 26 is poorly known, the reported shape of the mound (described as an "almost perfect cone") rather atypical for such mounds, it was previously excavated (and so Iittl~ else might remain of the original feature), and the findings rather equivocal (a possible decomposed human tooth; see enclosure), Do not hesitate to contaCt me further if you require additional information, clarification or assistance regarding this matter. . Sincerely, ~ Mark J. Dudzik State Archaeologist cc: J. Monge, League ofMN Cities 90'3:Jl;:ld T 6S:60 100c 11 1)0 286 ,THE ABORIGmES OF mNNEBO'U.. " ll.S c~[, the whole of which., particulnrly:an the southem half of theiela:a.d, islite:rally' filled:with bones, I =.nd broken pieces af the S1XIlI.Uest siU!.!! af all wild ncimnls from the size af a so1ilirel to thlLt-of 110. elk , _.,. .. t md bones II.lso of fishes and birds af .lI.ll kind:!, lIIl.d shells of all k:illc!s to be found in this part of the COUll.tty, but very much decs.yed~ Whcther this light blll.ck lasro hils been formed by the decny af bones is I\. question which occurred to me."-Hill Rcc. .' '. Mau~ nell1' Cmtrc City C~st arm. of alee), N. E. ~, , N. E. ;{, sec. 34., 't. ,3~20, abont 80 ft. above the Ia.ke. . One embankment is'plLrl.ially grnded a.wa.y for Il. ralld. '!he I~ group cansists. of 5 m,a~, of wmcll two. are common elonga- . ted mounds. Surveyed. .Nov. l~, 1885.' . . Grcm We 1llOl'nd.t, S. W. U, S. W. 7.(, sec. 6, T.33--20, IObout 20 ft. o.bove the lalee, embracell 10 lIlomuis, not in- _ eluding tbe c""blUl.1=ents coll.tlectillg two af them. N'o. 2, ::.n. elon,;a.ted mound, is eoIlll8cted with No.. 3. lI. tumulus, "fY6t1a& by two embankmen.tt. OtIe ,is short, ~t, ond nearly .parallel with the direction. of the long mound, and the other C'\ is curvi.l:lg, circllitous and longer tbm seems neeessary to "'::. I:1o.ke simply :l. connection betweeI1 the t'WO mounds, lea. WI' ~ . g "'l"<::-Q , ~ <. ~VfJ ""+<: ~~ ':"." . ~'~.~' \ ,he "preoi~ ,"'" " hed W~ 'o"'~ ''''P'''':' Tn ~ \\ its sv<eep eastwn.rd. llI1d northward' it eVeD. goes ~ \ \ . beyond the further end of the elon~ted., mound 8.ll.d ~G~ !ill' \ retu.tl1S up01l. it3elf a sho~ distance before it ren.ches ~ x, \ " , it. It' ILlBlJ b.o.s an enlJl,rgemell.t an the inner side 'ffL \ \ of the circle which. llppe.a.rs !iJ..-e the ~ection ot a ~~ " ~I smnll tamulus. This circuitous embankmen.t is ..bout ~ ~\ 8 ft. wide and 1 ft. high, but at its union mth the ~ ~\ tumulus (No: 8) its width is about :Ht: The ot~er GREE:H ~ d }\ connection betw~ tbese mounds IS Il.lso S ft. mde ~ G) \ \ lILd. 1 ft. high.. Th.e lllrgest of the tumuli is that ~ 'A" _ which bn.s this curlaw co~ctia.n with. the elallgllted ~ fa' 'n ~ 'U \ lIlound, 4.6 ft. by 3~ it. ~ \ \ .~ \ Other lane mound, :l.re situlJ.ted liS Collows: Nellr ~€l \ \ W)'oming, S. ~, N. W. ~, see. :lB, T. 33-21,,011 n. ~' \ ridge about 20 ft. llbmve a S'II'lLm.p, 60 Ct. by 9 it., ~. has been. opened; W. ", S. W. ;{, sec. 20, 't. 31-20, about 18 rt.llbove'St. CroL"C river, 42 ft. by 7" [t.; S. W. ~, 'N. W. >i, see. 20, T. 31-'20, IJ.bout 4.0 rods nortb. lI.lld. west of th.e \:lSt, '2.0 ft. ILbove the river o.ud o.bout 350' Yllrds from it, betweell. them. being 'ttllJ,r:;b. ne..">t tbe mOlllld nn.d timber nut the river. Surveyed Dee. 3, 1885. ___ _~ }U. B. F. Wright descrlbes the explorlLti~ of 11 1Il0\ll1d situl>ted nent' tue south si~e of se:. ~6, T. 3.2-24, near Coon creek, about WO )'r.rds ~m. lts hank. . The mound was r.bout 15 ft. high lI.lld U1. sMpe 1.t. ~N. ~ a.lltlost Il. perfect coue. A.t the depth of r.bout 7 ft. ~m the top he fO\lIld whllt ILWellred to be the. e:nr.mel __~ o[ a humllIl. molllot tooth, but much. deeomposed.-l1ill Ree. }[r. Clelllent Soest t'eports IlIlUound aD. tbe N. E.1.(, S. W. ~, sec. a, T. 340..25. It is -.;cry In.rge, Q . ~)lJt '/1 ~ I 'O'I~~eD. l!..'I::l.miued. This is confirmed by M.r. F,o\30,tn, of Rll-'hseby.-:.HilZ Ree., ~ ..,., v. , ",. ___.._..... ..r, mn"T\~ !l.e.lI.. Coo:\~\;!~n: f\ . Inn? . 11'130 A presentation to the Andover City Counci I By the Andover Athletic Association Date - Tuesday, October 16, 2001 The purpose of this presentation: · First, to introduce you to the Andover Athletic Association, and what they do in the community of Andover. · Second, to discuss the current charitable gambling ordinance and why it's preventing the Andover Athletic Association from operating charitable gambling at Povs. Who is the Andover Athletic Association? . The Andover Athletic Association is a 15 year old organization made up of adults who are committed to providing athletic opportunities to Andovers youth. . All of it's members are volunteers, including program directors. . Treasurer maintains a positive account balance with funds coming from program fees. Program budgets and expenses maintained by the program director and treasurer. What are the Andover Athletic Associations programs? . The AAA programs benefit over 2000 of Andovers youth. Including: Boys and girls basketball Boys, girls, and Sr. High Cooed softball Track and field Wrestling . Programs are open to anyone. No try-outs or recruiting. . Programs require minimal involvement from the city. . Program costs to the community are minimal. . The Association is open to new groups and programs. How committed is the Association to the community? . First and foremost - our volunteers donate many hours of their time to keep these programs going for Andover's youth. . AAA organized the Aleah Cruce benefit tournament, raising over $4000. . Purchased scoreboards for school gyms. . Purchased bleachers for Oakview. . Many volunteer hours helping build the Field of Dreams. What is the Associations plan for charitable gambling funds? . Help other community organizations that benefit Andovers youth. . Help build new baseball fields in Andover. Presently we're forced to use Anoka and Ramsey fields due to size of our programs. . Financially help local schools to offset state budget cuts. . Other ideas have been discussed, but any fund allocations would first be researched by a finance committee and then recommended to the board members for approval. What are we asking the council to consider? · Andovers present city ordinance is more restrictive than other local ordinances. Therefore establishments like Povs will choose to use the space for something that makes better business sense. · We have a signed agreement with the owners of Povs that meets all the requirements of the State of Minnesota. It unfortunatley does not yet satisfy the more restrictive Andover ordinance. . Specifically, we are asking the council to amend the ordinance allowing the Andover Athletic Association to pay the approved $1000 a month plus 1/4 of their cleaning and garbage removal costs. Final thought. If the original intent of the Andover ordinance was to prevent or eliminate all charitable gambling in Andover, that's one thing. But if that wasn't the councils intent, please allow us to take the next step to contributing even more to Andover and it's youth. Minnesota Lawful Gambling Page 1 of 2 5/01 LG221 . lease for Pull-Tab, Paddlewheel, Tipboard,and/orRaffle Activity 7&>; Name of legal Owner of Premises Street Address City State Zip Daytime Phone 780', bC 06. "j) 2.1<. I 77(i; d. . Lake -€ l0 l.QnQ.. L/.3. Name of lessor Street Address Cit)' State (If same as legal owner, write in "SAME") SI1 rn - Street Address Zip Daytime Phone ']<J>3 '755.) 7(P3-'7, 1. Total rent cannot exceed $1,000 per month for all 4. An organization may not pay rent to itself or to an non-bingo activity for this premises. of its affiliates for space used for the conduct 0 2. For bingo activity, use lease form lG222. lawful gambling. 3. For pull-tab dispensing machines, use lease form 5. Rent to be paid per month $ I() ("> 0 . () 0 LG223. If no rent is to be paid. indicate -0. Sketch and Dimensions of Leased Area Sketch. For all areas being leased for the conduct For Premises Pennit Renewal Applications Only: If no of gambling and storage of gambling product at this changes have been made at the site, you do not have to premises, attach a sketch (drawing) showing: complete this section or provide a sketch. (1) the leased area(s), and (2) the dimensions. Dimensions 1(\ (n tOn The leased areas are: feet by feet for a total of square feet. feet by feet for a total of square feet. feet by feel for a lolal of square feet. Storage feel by feet for a total of square feet. Storage feet by feet for a total of square feel. Combined total square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply, o Paddlewheels 1)(1 Pull-Tabs 12SJ Raffles o TJpboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent wit If this is an amended lease showing changes occur- the premises permit issued by the Gambling Control ring during the term of the current premises permit, Board. unless terminated sooner by mutual consent of write in the date that the changes will be effectiv the lessor and lessee. -1-1_. 80th parties that signed the lease must initial and date all changes. Questions on this form should be directed 10 the licensing aI1-800-627-3529 and ask 10 place a call to 651-639-4000. Section of the Gambling Control Board (Board) aI651-639- The information requested on this form will become publiC 4000. This publication Will be made available in alternative infonnation when received by the Board, and Will be used to fonnat (Le. large print. Braille) upon request. Hearing impaired determine your compliance with Minnesota statutes and rules individuals using a TTY may call the Minnesota Relay Service governing lawful gambling activities. Page 2 of :2 lG221 5/01 lease for Pull-Tab, Paddlewheel, Tipboard, and/or Raffle Activity I LESSOR PROHIBITIONS I agents are found to be solely 4. The lessor shall not modify or Management of Gambling responsible for any illegal gambling terminate this lease in whole or in Prohibited conducted at that site that is part due to the lessor's violation of The owner of the premises or the lessor prohibited by Minnesota Rules the provisions listed on this lease. 7861.0050, subpart 1, or Minnesota will not manage the conduct of Statutes 609.75, unless the Arbitration Process gambling at the premises. org~nization's ag~nts re~p.onsib'e for The lessor agrees to arbitration when a Participation as Players Prohibited the Illegal gambling aCllvlty are alsoviolalion of these lease provisions is . . agents or employees of the lessor. alleged The arbitrator shall be the CRG The lessor. the lessor's Immediate .' . family, and any agents or gambling 4. The .Iessor shall "?t modify ~r employees of the lessor will not terminate the lease In who.'e o.r 10 ACCESS TO PERMITTED participate as players in the conduct part because the organlzallon PREMISES of lawful gambling on the premises reported to a state or local law Stat f Mi . enforcement authority or the board e 0 nnesota and Law Illegal Gambling the occurrence at the site of illegal Enforcement 1. The lessor is aware of the prohibition gambling activity in which the The board and its agents, the against illegal gambling in organization did not participate. commissioners of revenue and public Minnesota Statutes 609.75, and the Other Prohibitions safety and their agents, and law penalties for illegal gambling ., enforceme~t personnel have access to violations in Minnesota Rules 1. The. ~essor will no~ I.mpo~e the permlt~ed premises at any 7861.0050, subpart 3. restncllons on !he org~n1~atlon With reasonable time during the business respect to prOViders (dlstnbutors) of hours of the lessor. 2. To the best of the lessor's gambling.related equipment and knowledge, the lessor affirms that services or in the use of net profits Organization any and all games. or devices for lawful purposes. The organization has access to the located on the premises are not 2 Th I hi" d' t permitted premises during any time b . d d t bl f' e essor, t e essors rmme ia e erng use ,an are no capa e 0 f'l d t I reasonable and when necessary for the b . d . th t . I t ami y, an any agen s or emp oyees . erng use ,m a manner a VIO a es f th I '11 t . th conduct of lawful gambling on the the prohibitions against illegal 0 ~ e~sor WI no require . e premises. gambling in Minnesota Statutes organization. to perform any action 609.75., and. the penal~ies ~or illegal that would Violate statute or rule. I LESSOR RECORDS MAINTAINED I gambling Violations In Mmnesota 3. If there is a dispute as to whether . . Rules 7861.0050, subpart 3. any of these lease provisions have The lessor shall m~mtam a record of . ., been violated the lease will remainall money received from the 3. Notwlthstandmg Mrnnesota Rules, . ff t' d' l' I organization and make the record 7861 0050 b 3 . Ii 10 e ec pen 109 a Ina.' . . ,su p. . an organlZa on d t . r b th C r available to the board and Its agents . k' e ermrna Ion y e omp lance . . ' must contmue ma 109 rent R' G (CRG) fth G br the commiSSioners of revenue and h eVlew roup 0 e am 109. . payments, pursuant to t e terms of C t I B d pUblic safety and their agents upon th I 'f th . r 't on ro oar e ease, I e organlza Ion or IS' demand. The record shall be maintained for a period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary, Any attachments to this lease must be dated and signed by both the lessor a the lessee.) Le c~,} Se e... J e l/\ This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activiti s other than bingo and pull-tab dispensing devices. There is no other agreement and no other consIderation required betwee the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted t the Gambling Control Board ten days prior to the effective date of the Change.y ~ ~:??i ' =:: /0 ~ C> ( Date Dale , ~.uW,II;o. Bef<l...tJ.. ~!l.tJ{lc4- ANJ. .>et Print Name and Title of Lessee A-\lo\I~< .... ~soc.. CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: John Erar, City Administrator SUBJECT: Supplemental Agenda Items for October 16,2001 Council Meeting DATE: October 16,2001 The Council is requested to review the supplemental material for the following Agenda Items: Add to the Al?:enda under Discussion Items Item 21a. Supplemental- Tom Enzmann's Nature's Run Development Concerns - Planning Accept Additional Information - Item 28. Approve Quotes/01-29/Fire Stations 1 & 2 Facility Repairs (Supplemental) - Engineering Add to the Al?:enda under Staff Items Item 29a. Schedule Council Workshop/Personnel Policy Matters - Administration Rf:JIZ: ' , ) r ' 'ff - J F. Erar fity Administrator , 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 Administrator% FROM: David 1. Carlberg, Community Development Director , SUBJECT: Supplemental- Tom Enzmann's Nature's Run Development Concerns - Planning DATE: October 16,2001 INTRODUCTION The City Council recently received a letter' from Tom Enzmann, 1718 Andover Boulevard NW, regarding Nature's Run and concerns relating to Native American burial grounds in the project vicinity. The following is a response to the questions raised by Mr. Enzmann in his undated letter. DISCUSSION Question: 'Has the City of Andover contacted the Minnesota Historical Society and spoke with their archaeologist? Response: Upon the receipt of the February 15, 2001 letter from Mr. Dennis Gimmestad, Government Programs and Compliance Officer, State Historic Preservation Office (SHPO), Minnesota Historical Society, Staff informed the developer that contact needed to be made with SHPO in this issue. The developer's engineer, Steve Johnston followed-up on this issue and had discussions with SHPO staff as well as provided written documentation to the City on this issue (see attached memos dated May 14th and 21 st, 2001). Staff also contacted Mr. Gimmestad as a follow-up. Mr. Gimmestad confirmed that an archeological survey is not required but is still recommended by SHPO. This is based on information SHPO has that there are recorded archeological sites within the vicinity of the project. The letter dated March 6, 2001 from Ben A Wopat, Chief, Regulatory Branch of the Department of Army (attached) indicates these sites as being along Coon Creek about 1 to 1.5 miles to the west and within 0.5 miles to the east. These sites are outside the project area. . Question: Has anyone from the City of Andover contacted the Council for Indian Affairs about procedures required in order for the project to proceed? Response: No. Mark Dudzik, State Archeologist for the Minnesota Office of the State Archeologist was in contact with Mr. Jim Jones, Minnesota Indian Affairs Council on March 9th and li\ 2001 regarding this issue. According to Mr. Dudzik, once Mr. Jones was aware that the reported potential burial mound was in Section 26 and not in Section 27 where the Nature's Run project is developing he no longer had any issue with the development. Question: Has anyone from the City contacted the U.S. Army Corps of Engineers concerning this project? Response: No. The Corps no longer has any jurisdictional involvement in the issue. The Corps had originally been involved due to the need for a Department of Army permit for the discharge of fill material into wetlands during the construction of Nature's Run. It was later determined that the federal permit was not necessary as the subject water bodies in the project were not "waters of the United States". Question: Has the City's legal Council investigated the possibility that the City of Andover may be liable? Response: In discussions with Barry Sullivan, City Attorney, the City is not liable unless the City willingly and knowingly disturbs a burial site. To date, no evidence exists that a burial mound is located in the project area. In fact, the Office of the State Archeologists indicates the potential site to be located in Section 26 and not Section 27. ACTION REOUlRED Accept the responses to Mr. Enzmann's questions. Attachments 1. Undated letter from Tom Enzmann with attachments 2. May 14, 2001 letter Steve Johnston, Landform Engineering with attachments. 3. May 21, 2001 letter Steve Johnston, Landform Engineering with attachments. 4. March 6, 2001 letter from Ben A. Wopat, Department of Army. H;~ David L. Carlberg Community Development Director Cc: Tom Enzmann - 1718 Andover Blvd. NW c0'381:1d ~S:60 t00c t! l~O Mr. Mayor, Council Members, I am writing in regards to the Nature's Run Development located at the intersection of Hanson Blvd. and Andover Blvd. I will probably be unable to attend the City Council Meeting on October 16, and would like to voice a question concerning this development. In February, Dennis Gimmested from the MitUlesota Historical Society wrote a letter to the U.S. Anny Corps of Engineers in regards to the aforementioned development. In the letter he states "There are recorded properties in this project vicinity - including burial areas. In addition, we believe that there is a good probability that unreported archaeological properties might be present in the project area. Therefore, we recommend that a survey of the area be completed." In July, Mark Dudzik from the Office of the State Archaeologist wrote a letter to the City of Andover. In the letter he addresses the location ofa known burial area. (site 21-AN- OOOa) "In the course of reviewing same, it became evident that the reported burial area - a Native American burial mound - was actually located in T32NIR24/Section 26 rather than Section 27 as reported by SHPO. This reported location (section 26) is well outside of the proposed project area." - If you read the letter from the Minnesota Historical Society, Mr. Gimmested does not indicate anywhere, that site 21-AN-OOOa is in the project area as Mr. Dudzik suggests. He merely states that there are recorded properties (meaning site 21-AN-OOOa) in the vicinity. In addition, he believes that there is a good probability of unreported archaeological properties within the project area. Mr. Dudzik's letter fails to address the issue of the probability that there is an unreported archaeological property within "Natures Run". In fact, he doesn't mention it at all. He goes so far as to admit that he doesn't !mow the location of the one known site when he states, "Additionally, the precise location of this poorly documented feature 'Within Section 26 is poorly Imown". It is apparent that Mr. Dudzik is unaware of the location of the site, he also doesn't Imow if there are any other sites in the area, and has never been to the project area. The Minnesota Historical Society has recommended that a survey take place. They have a strong belief that there is a historical site within the project area. Yet, Mr. Dudzik has ignored their request and failed to address the issue. This failure to address the issue leaves the City of Andover in a precarious position. If the City allows the Developer to proceed and during the excavation a historical site is unearthed, the city will have !mowingly allowed the developer to disturb a Cemetery. However, if the city were to pursue a survey with the historical society, it could then determine whether there are any unrecorded sites within the project. Ifnone were found then the development could proceed '\-"ithout any fear of litigation from the Council for Indian Affairs. [0'39t1d 8S:60 ~00c ,~ 1JO The developers, being of high standing, and of good repute, shouldn't have any objection to a survey. You can be sure the last thing that they would want to do, is to disturb an Ancient Burial Ground. They would probably welcome the opportunity to participate in order to clear the way to proceed with their development. Questions: . Has anyone from the City of Andover contacted the Minnesota Historical Society and spoke vvith their Archaeologist? . Has anyone from the City of Andover contacted the Council for Indian Affairs about the procedures required in order for the project to proceed? . Has anyone from the City contacted the U.S. Anny Corps of Engineers concerning this project? . Has the City's legal council investigated the possibility that the City of Andover may be liable? Respectfully, Thomas Enzmann 1718 Andover Blvd. NW - - Andover, MN ~6~ t>0'3:Jl:ld 8S:60 t00c tt IJO " I; e '.~.. ~ ~ 11 ~n,\:"ESOTA R!~"'oRrC,USor.n;TI'" Sr.';!! HlsroRlc F'RESElW... nON OJ:l'lCE February 1~. 2001 Mr. Tim .FeU U.S. ArrrtI ~rpI q En9L"\ftC1I 19o'!f"!t~E_ St. PsuI. MN 5.5101.1638 , RE: 2001018201; D.H. Land COmpany , . : ~rs$ !11.fnr ~~ru R'.lIl !llUlel)llll, da~I9P]'Tl!!l\l.., '!'32R24S27.An=lca~ . -.. .. ..... - -..- . .......- StiPO N\.ll'I'lber:2001.1088 " Dellr Mr, F.n: ~~ -. -- Thank you fer In" QPportl.mity to ~vIGW ano CO/Tln1&m. on the above proJect. It !lil been reviewed ,pursuant Ie ml M5l'O~ltI)IRtlse giveI'!, ~ Slate HiatQl'le P~llMll!OI", omc.r by ll'Il!. ~:m~ HI~ PJ'eMrhlion' At;! Of 1965 1m: thQ pr~dUJ'"9$ of I7lQ Advisory Colinc11 on Historic: PrtHf'h1ti::n ("eC1'RSOO). There are r&eOrd~ Iltoper!le:s in thie llroj.cl vicinity - inol\lding buri$1 8t1:as. In addition. W$ ~Iieve lh~th,,~ i$. ;ood probebllity that unreport=d srcllaeolo;iCllI ~ropertil,l' might be Pfl"ent In 'tt1e proJict area. Therefore, we recorr.mcr.d tr,at a .urvey of !he area b. oompilltlld. ThQ survey m.ust 1'l1&6, the riIQtJlrllmenla cfltle 5ecret&ty tithe InterIor'" $andal'd$ for 100ntlllcatlon and Ev.luatien, and Should Include llti ....alu~ilon of NaWnal ~~l~r OlllgibiUly f~ llny prQ~ir\le: el'tlllllrs idilntlf\ad. If the proje:::t 2fLl c:an be documer.t.d lt$ pr!lvlo~ly disturted or p~\lJQ~sly surveyed. \IJt will r'-*"llILl&~ lM need for'u,.....y. Prevtou.:lly d\$lurtl.d III'$.C era tho,,~ w11mt tn. nalW'llUy occurrtng p~acia11101hs alld ..dimenis have bC4\f1 r~l;tl1\ly fVmQved, Any pr'e'lfOUS 3:Jr\1eY Wor1o; I'n\J5t"mIllje con1l!m~t"Qr)' st&lldal'05. SlnClllherl l.c lil bur1QI i~ If'I VlIs p~!.ct vlcinity, thil recul~mlmtll of tha MII'I:1~$Ote Privata Qrmetl!rle$ ~ will allle i'lud to be'ld::!ruflKl. If YQl,l h$Ve any Qu~et'l$el'l OI.JTrI"!iW of this PI'jject. pllul cornact me at (561) ~ge. . 6462. '::~\,"".:: :.:....:.-:~':"",.." .. ~ ~'i i'~ :~;; i ',l::.~ ~. Slnalrsly. : : ~ l.iJ L.:: .,j ..,. I. ~~. 'I '" ; , . , ...'~' ~ ,.., , FEB 2:2001 jL ~n'i'll~ '&'..Gj.mrile~" ".'.':,: , GOl'l!Immllnt ~rogfl!iT\$ il'ld,ComPltance Offioer CcR~jQi '~NflF 1 cc: Mllrk Oud:ill<. $tma Aronaeoloe\SI ST. P^Ul Dl TRI : r~(jLATfJ~Y SRAACH ; . ..- V'l '-:J~ ~.l,! "~:tJ.(l(;'; 1l<.n;l.r\':\lln lorn 11;",11'1'1' PAIII.. ~I~N 'Oy, ;';1": ".,nl1'YJ,y.l'lIll~ l.d;;1 ~I>I. rtl:!O S0'3:Jl:ld BS:60 !00c t!-lJO # .."tfJ.2~c RECEIVED . July S, 2001 t ~\ B S JUL ~ Q 9 2001 David Carlberg, Director CO.:~ Community Development, City of Anoka ~l.\mso"i.~ CITY OF ANDOVER 1685 Crossto\\ln Boulevard NW Andover, 'MN 55304 RE: D.H. Land Company/Nature 's Run residential developmentproject (dischargefill); Anoka County, T32N/R24/Section 27 - potential Native American "bw'ial mound" issue (21-AN-OOOa) Dear Mr. Carlberg, Thank you for your recent inquiry re: the above project. As discussed previously, the State Historic Preservation Office (SHPO) had previously reviewed this project --. . for potential impacts to cultural resources. In thcir correspondence of 02.18.200, SHPa reported that there was a "burialarea" (site21.AN-OOOa) in the vicinity of the project, andihdicatedthatprovisions orMS 307.08 (section of the "Private Cemeteries Act") would lleed to be considered. OSAhad opportutlityto review and comment on this potential burial issue. In the course of reviewing same, it became evident that the reported burial area - a Native American burial mound - was actually located in T32NIR24/Secrion 26 rather than Section 27 as reported by SHPo. This rep01"ted location (section 26) is well outside ofrhe proposed pro;ect area. Additionally, the precise location ofthis poorly documented feature 'within $ection 26 is poorly known, the reported shape of the mound (described as an "almost perfect cone") rather atypical for such mounds, it 'WaS previously excavated (and so littl~ else might remain of the original feature), and the findings rather equivocal (a possible decomposed human tooth; see enclosure). Do not hesitate to contact me further if you require additional informatior.., clarification or assistance regarding this matter. , Sincerely, ~ MarkJ. Dudzik State Archaeologist cc: J. Monge, League ofMN Cities 90'3:Jt;d 6S:60 100c 11 lJO " 'J- ,,' 286 ,'!BE ABORIGmEB OF IDNNESO'U. ll.S chaff, the whole of which., pllIticuln.rlY:on the southem hn.lf of tbe ielllIl.d., is litenlly' 5lled:with bones, , DJld broken pieces of the :9lIIlloUest si2'e! of Ill! wild llllilDals from the size of II. Bem."Tel to tlmt-of Iln elk . .... ... ' Dond. bones II.lso of fishes and birds of. a.1l kind.5, lID.d. shellB of lI.\l kinds to be f01lD.d in this pm of the eemery, bu~ very mucl1 declI.yed', Whether this light bir.ck 10)>111 bas been formed by the decay of bones is & question which occ=ed. to me."-HiU Ree. .' '. T Ml11l~ ncClT Crnt.re Gity (es.s~ lI.nc. of lake), N. E. ~, : ~. E. ;{, sec. 3-4., 't., 3~20, t.bout 30 ft. o.bove ~he laJre. One embs.nkment js'po.rtially graded. t.W&y for a rondo The ,..... group consists.o! 5 ~ound.:l, of whiclltwo llore common elongn- , ted moUIlds. S\IlVeyed..N"ov. 14., 1&85.' .' Grem Lake mound.!, S. W. U, S. W. ;(, sec. 6, T. 33--~0, - nbout 20 ft_ o.bove the l.s.ke, embmces 10 lI101U1ds, not in- cluding the embanl::nen~ COllllccting ~'lVO of them. No_ 2, ~#a.& :n. elcII:;a.ted mound, is COD.Dected. mth No.3, II- tUlllulus by two embankmell.ts. One.ill short, .nrect, IlJld ll.eJi.'rl; .pll.nllel with the direction of the lOIlg mound, and. the other e.. is carving, cmuitous and longer tiun seelIlS necessary to -:.. I:lt>ke simply II connecticll. bet-O;-eel1 the t'WO mound~, lea. ving - U\ "'l"~ 0 'C) <. ~fJ ""'+ <: ~ ,.' - ~ ~.:r I .,.~.' \ , ~ II the impres.siOIl thn.t it Md some 'other purpose:' In ~ 3 \; its Il'I":CCP ea.st'\V!l.rd. and. o.orth_rd.' it eveD. goes ~ \i . beyolI.d tbe further end of the elongs.ted, 1Il0und and ~ II retumS 'lIp0Il itself ll. llhor:t distance before it re&ebes =G~XS"L\ \ "ti II ~ ., It' &130 b.o..s an enl.s.rgemellt 011. the inner side I I h. of the circle which. nppurs !il..-e the. section of t> ~ \' i0 \~ smILll tW:D.Ulus. This Circuitous et:lbcikme.o.t is ..bout ~ I~\ 8 ft. wide o.nd 1 ft. high, bu~ !l.t its u::UOII. with. the I~\ tumulus (No: S) its width. Ie about 1~ ft. The other GREE:N ~d'~ eOUIlection between these mounds is ll.lSo 8 ft. wid~ I , - G) \ \ ~, \' ar.d. 1 ft. high. The largest of the tumuli is that ~ ~" - which. bAs this eurioUB cocn-ectioll. 't\itb. the elongated ~ D ,\ 1I10und, i6 ft. by aj,2 ft. ~ \\ Other lane mound, nre sitUll.ted lIS follows: Nellr .~ 1\ ~~ 1\ Wj'oming, S. ~, N. W. 7:l:, sec; 2S, T. 33--21,,011. II ~ \ ridge ll.bout 20 ft. llb3ve II S'IVllmp. 60 ft. by 9 ft., ~. bAs b~ ope.ned; W. ~, S. W. ;{, sec. 20, T. 31-20, o.bout 18 ft.lLbove'St. Crab: tiver, 42 ft. by 7~ ft.; S. W. ~, 'N. W. ~, Bel:. 20, T. 37-'20, o.bout 4.0 rods n.cirth. and. '<Ve:!t of the In.st, 20 ft. ll.bove the river o.nd. t>bout 350' Yll.rds from it, betIVeen. them being 'tDAtsh ne..'.-e tbe mound. and timber ne:tt the river. Surveyed Dee. 3. 1885. _ _ }D:. B. F. Wright describes the exp\ontiOll. of 0. mO\lIld situ&ted lI.ut the south side of sec. 26, T. -p-- 3.2-:24., neo.r Coon creek, about aDO j'lIrcs frJm its bank. . 'rhe. mound 'll'IU robout 15 ft. b.ig'o. o.nd ill- sbllpe 1-[. AN. ~ e.ho.ost ll. perrect cone. At th.e depth of :.bout 7 ft. frJm th.e top he fO,und wh.o.t II.Well.red to be tbe eDll:nel --~ of ll. huIlltoIl moiu tootb, but much. decot:lp~e.d.-liil! 11.ee. }.[r. Clement Soest r'e-ports III !IJ.ound on tbe N. E. 7.(, S. W. ~, sec. 14:, T. 3~2S.. It is ,'ery 1n.rge, ....~ ,. , . . _" ...n "''''J\mined. Tb!s Is collfi.rme.d byM.r. Folsom, of Rwbseby.- Hil! Ree. . '"'--...... ~ -m V. ~~t~ RECEIVED ~ LANDFORM MAY 1 5 2001 MINNEAPOLIS' PHOENIX CITY OF ANDOVER MEMORANDU M 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH, MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252,9077 DATE May 14, 2001 10 Dave Carlberg, City of Andover FROM Steve Johnston COpy Bill Hupp - RE Natures Run - Archeological Survey Under Section 106 of the National Historic Preservation Act, it is necessary to conduct a cultural resource investigation under certain circumstances. The investigation is only necessary if federal funds, federal licenses, or other official federal action is involved. It is under this section that the Corps of Engineers first raised the issue related to Natures Run. If no federal monies are spent on the project, no cultural resource investigation by a federal agency is required. If no federal license or permit is sought for the project, no cultural resource investigation is required. The State Historic Preservation Officer only makes recommendations regarding the need for a cultural resource investigation. However, the federal FlOencl' (such as the Corps of Engineers o'r the Federal Highway Administration) is responsible for aetermining the need for and then conducting a proper cultural resource investigation when such an investigation is warranted. The original request for the Archeological survey came from the Corps of Engineers based on the need for a Corps permit for the fill in the wetland adjacent to Coon Creek. We have modified our grading plan to eliminate the fill and as such the Corps permit is no longer needed. See letter dated April 1 0, 2001 from Robert Whiting, Chief, Regulatory Branch. At this time the project, Nature's Run, does not meet the requirements for triggering a cultural resource investigation, since the Corps of Engineers permit is no longer needed. During initial site work we will vigilantly look for any evidence of cemeteries on the site which are protected by law. The landowner does not have any legal responsibility to protect any other cultural resources such as encampment sites that may exist on the site. Any requirement to do so could be considered a taking of the property. ."':.,:-.\.......,.., Page 1 /' 04/13/2001 15:02 9524018798 KJOLHAUG ENV PAGE 02 . DEPARTMENT OF THE ARMY I 6 f~ GoT. PAUL DISTRICT. CORPS 0' !NQtNEERS ARMY CO~PS OF ENGI'NI;ER~ CENTRE 19D ~Fn1 STREET Eo\9l' JS ST. PA,UL, "'N 55101~1138 ~ ~: 1 ~ April 10, .~~ R""~Y TO 2001 .lTTENTJON Of Construction-Operations Regulatory (01- 0182 0 -TJF) Mr. Ken Powell Kjolhaug Environmental Services Company 26105 Wild Rose Lane Shorewood, Minnesota 55331 Dear Mr. Powell: We have reviewed information about a project of D.H. Land Company to discharge dredged and fill material fnt0 wetlands" during the construction of the Nature's Run residential development in Andover, Minnesota. The project site is in the NE 1/4 SE 1/4 Sec. 27, T. 32N., R. 24W., Anoka County, Minnesota, as shown on the attached drawing or map. This jurisdictional determination takes into consideration the u.s. Supreme Court's decision in Solid Waste Aoencv of Northern Cook Countv v. Corps of Enoineers (the SWANCC decision) . The area encompassed by this jurisdictional determination includes 5 basins which total approximately 17,700 square feet (0.4 acre) in si2:e. " . ~hese 5 subject waterbqdies are not "waters of the United States" because they are: (1) not navigable, waters, (2) not interstate waters, (3) not part of a tributary system tol or 2, (4 ) not wetlands adjacent to any of the foregoing, and not an impoundment of any of the above. In addition, the interstate commerce nexus to these particular waterbodies is insufficient to establish Clean Water Act jurisdiction. These 5 areas are therefore not subject to'regulation by the Corps of Engineers under Section 404 of the Clean Water Act. ' Also, this jurisdictional determination is valid only for the project, as revised, which avoids AL~ filling within the large wetland that borders the south and western side of the upland portion of the development site. It is based on the Headquarters guidance available to us at this time. If the project changes such that filling or grading is proposed within the large wetland, our office should be contacted. PLEASE NOTE THAT THIS LBTTER DOES NOT ELIMINATB THE NEED FOR OTHER FEDERAL, S~ATE, LOCAL, OR OTHER AUTHORIZATIONS SUCH AS THOSE OF THE COON CREEK WATERSHED DISTRICT. Also, as you are aware, our office previously advised you to conduct an archaeological survey of the property. Because the Corps no longer has permit jurisdiction we cannot required this survey. However, we recommend that you take into consideration impacts to cultural resources when finalizing this project. PonIed on {) RecycI.d P8POI 2 '" 04/13/2001 15:02 9524018798 KJOLHAUG ENV PAGE 03 i ti - 2 - ~ ?-") ~,r If you have any questions, contact Timothy J. Fell in our St. Paul office at (651) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, ~ ~7~J ". Robert J. Whie ng Chief, Regulatory Branch Copy furnished to; CCWD "..,,~ . .'"0 ". , - .. ., . 3 '" . 9524018798 KJOLHAUG ENV 04 'i ~-=::~.=...~~~---=-- .... ...~...- .=-~~::J' 'K.l :. .. .." _. ...... ,.,__. .w -"'C3S" 1IttrDd1tlt'"r ., I' I .h t I ~ ......_...r -_. . . -., I' , '" I ul \. ~. --ir i r-~ 'i \ . . 1)1 \, ~ I I I" i I :j I I. I I I:. ~ I _. ..... l; II p " I ... II-... '" ' . # I .... .... \ ' II ti , I z P II i I I;' I !;! ii I :t , :1 I 0 r I ~ ! .. I w i ~ I : '" " 'v...... I I. r I !~. I I , ' i '""':t , I . ! J II .~ "'- ; tJ . I " . , .... j' ~ n ! i :, II I I I i : j II / I , ! :; I ~ : I ; ,.... .: .~'l I I / . . " . . , ,---, i l' 'I ..I~ , ' - - - " . ;' : ~ ~I- f ' / /1 112 '-.... ,'. ,....-.. / v' .' /^ .. I.... I-~ II 0: :! I . , :II . I 1-- I - I , I I r- I I I ,I J "0 ~iT I I: I ! . - I :i IU I...... I r , I! I I I I , 1--- I I I l ,..... I , 1 '. I '. -....._~ . ' , I -... ....:-......... . 4 / t . 64/13/2661 15:62 9524618798 KJOLHAUG ENV PAGE 65 j '. 1 u.S ARMY CORPS OF ENGINEERS - ST. PAUL DISTRICT h REGULATORY BRANCH 't- 0' '1 U BASIS FOR DETERMINATION OF SECTION 404 JIJRlSDICTION ,!! Applicant: D.H. Land Compa,,-v File Number: 200101820 ~ A. Propeny referenced in the attached correspondence contains an lll:ea of water/wetland lll:eas cons~dered to be a water of the United States becau.se the lll:ea: 0 1. is currently used, has been used in the past, or may be susceptible to use in interstate or foreign commerce, i.e., navigable waters of the United States. [328.3(a)(I)] 0 2. is interstate waters. [328.3(a)(2)] ......-. . -, . ' '0 . .'---.' . ..... -. u - ", ", ,-, -, -..----.-...........-----. --. ...... . 0 3, is an lll:ea the use, degradation, or destruction of which could affect interstate or foreign commerce. [328.3(a)(3)J o a. is Or could be used by interstate or foreign travelers for recreation or other purposes. Db. has fish or shellfish that are or could be tak.en and sold in interstate Or foreign commerce. o c. is or could be used for industrial purposes by industries in interstate commerce. r 0 4. is an. impoundm.ent of waters/areas otherwise defmed as waters of the United States. [328.3(a)(4)J az 5. is connected to or adjacent to a tributary of any waters/areas identified under paragraphs (I) through (4) of 33 CPR 328.3(a). [328.3(a)(5)J 0 6. contains wetlands Or waters adjacent to waters/areas defined as waters of the U.S in paragraphs (1) through (5) in 33 CPR 328.3 (a). [328.3(a)(7)]. cI2( B. The 5 waterbodieslbasins referenced in the attached letter are water/wetland areas that meet any of the criteria described above and therefore are not subject to Corps of Engineers jurisd~ction under Section 404 of the Clean Water Act. -, . .......--..-.. -.. ..'--,".--- . .,_." , .. " - .' -. ,....--.. ,. -- ,,--..---.-- .- - ---. - .-. -- .' " Projm",- -!;;:;i$9 ELI Date q~Of Timothy J. Fel Wetlands Bl'e ~dentified and delineated using the methods and criteria established in the Corps of Engineers Wetlan.d Delineation Manual (87 Manual). Generally, wetlands are determined by the occurrence of hydrophytic vegetation, .., hydric soils and wetland hydrology. Edition of March 29, 2001. Previous editions obaolete. ~~~~ RECEIVED ~ LANDFORM ~!IY ') 3 2DOl .r! '\ L MINNEAPOLIS' PHOENIX CITY OF ANDOVER MEMORANDUM 650 BUTLER NORTH BUILDING 510 FIRST AVENUE NORTH, MINNEAPOLIS, MN 55403 OFFICE: 612.252.9070 FAX: 612.252,9077 DATE May 21,2001 10 Dave Carlberg, City of Andover FROM Steve Johnston COpy Bill Hupp - RE Natures Run - Archeological Survey Last week you were sent a memo regarding the fact that an archeological report is no longer needed now that the project will not require a federal permit. Attached is a letter from the State Historic Preservation Office (SHPO) stating the same thing. If you have any questions please contact Scott Anfinson at SHPO 651-296-5462. I spoke with him this morning and he did confirm my interpretation of the rules. I will assume that this closes this issue. Page 1 05/18/2001 15:02 9524018798 KJOLHAUG ENV "".,.,. ,t'(llil:.".tl~. II MINNESOTA HISTORICAL SOCIETY , May ii, 2001 Mr. Ken Powell Kjolhaug Environmental Services 26105 Wild Rose Lane .I- I!~' :.. .~. ~' Shorewood, MN 55331 Re: 01-01820-TJF; Nature's Run Residential Development .... . ..' "-.. ." -..::r.J2-R24.S26rAndov.er, Anoka County. ._., .... . ...-- '. , .-.-- .. -. SHPO Number: 2001-1086 Dear Mr. Powell: We have received a copy of the 10 April 2001 lelter from the Corps of Engineers to-your office regarding the above ref~nced project. The letter indicates that a COE permit will not be required for the project. Therefore, unless1here is involvement of another federal agency in terms of licensing, permitting, or funding, it does not appear that a Section 106 review of the project will be required. However, we would still recommend that an archaeological survey of the project area be Completed, as there are identified archaeological properties in the vicinity. In addition, consultation with the Offi~ of the State Archaeologist and the Indian Affairs Council Should be completed under the provisions of the Minnesota Private Cemeteries Act with regard to the burial areas. Contact us at 651-296-5462 with questions or concems. st:-d -bL~ -&"""" A. Glmm",tad Government Programs & Compliance Officer cc: Mark Dudzik, OSA Jim Jones, Minnesota Indian Affairs Council Tim Fell, COE l.. , .. . ~ '. :,.:.r. j . :. ~ ::.": . .. t' " !. .:. . , ; ," ... ..,' .... ....:' .;......f. . ',J;: .;.:. "', ;l-lr, KI,;r,T.(lt':(; TlOl.lI.~:V^Bn WES" / S^I~T PA I 11.. MINNI'::;PT!\ .i;;1ll2.1')Il(;J'l"17,1,'F,I'IIP:"E: (,!;1.2'!C>.{,J1(. 2 lJ::J'C4HI'1 I'''~ Ml::> I V!'<:ll.HL- ::>VI. . ,....... --,- , . --- - DEPARTMENT OF THE ARMY ~OD (- I Q)/ft; lIT. PAUL DIIJTAlCT, COIII"II OF _EERS ARIIY COAPI OF ~INEERS CENTlle '10 PlI'!'H smEET EAST ST. PAUL. MN ss'a'.'I~' REPLY TO MAR - 6 ?~01 ATTENTION OF Construction-Operations Regulatory (Ol-01820-TJF) Mr. Ken Powell Kjolhaug Environmental Services Company 26105 Wild Rose Lane Shorewood, Minnesota 55331 Dear Mr. Powell: .. ~ . ,,' . , - 'This'regard; the application for a' Department o'f the Army (DA) permit for the discharge of fill material into wetlands dur~ng the construction of the Nature's Run residential development in Andover, Minnesota. The State Historical Preservation Officer (SHPO) and the Corps cultural resources staff have recommended that an archaeological survey be conducted for the project area. A copy of the SHPO letter is enclosed. Information from the SHPO indicates that there are recorded archaeological sites along Coon Creek about 1 to 1.5 miles to the west. and within 0.5 mile to the east. When there is evidence of cultural resources in the project area, we need to assure that a survey is performed to determine ,if, in fact, any su~h resources are present at the site. We agree that an archaeological survey should be done. The survey must be comp~eted and evaluated before we can finalize or "validatell any DA p~rmit that may be issued. : .. F:,or...your, inform~ti_on, we are including general information on conducting an' archaeological survey." Because 'of the'sca"ttered nature of the wetlands on the project site, we believe it is necessary to have a survey conducted for all areas proposed to be disturbed by earthwork on the site. If you have any questions, contact Timothy J. Fell in our St. Paul office at (651) 290-5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, I::~O(-/O~b ~tf1#Wb- A. Wopat ~c ief, Regulatory Branch CCWD Prlnlod 01\ <) Rocyclld Plplr MAR 15 2001 10:17 651 282 2374 PAGE. 02 6~ 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: Receive Fire Station Facility Repair Quotes (Supplemental) DATE: October 16,2001 INTRODUCTION Quotes have been received for building repair work to Fire Stations #1 and #2 in the form of roof and masonry repairs. DISCUSSION As previously discussed with Council, staff has been working with the firm of Bonestroo, Anderlik and Rosene (BRA) to achieve resolution of needed roof and masonry repairs to Fire Stations #1 and #2. Roof Repair BRA has made contact and received quotations from two qualified firms to perform roof repairs as previously described. A detailed explanation ofthe work to be performed is attached. Firm Quotes N orthwestem Waterproofing $20,384.5 Allweather Roofing Company $44,103. Masonry Repair Due to the unavailability of masonry contractors due to market conditions, BRA was unable to obtain two quotes from qualified companies. BRA did receive a qualified quote from Building Restoration Corporation to perform the needed masonry work. In circumstances where two quotes cannot be received due to market conditions affecting contractor availability, the City has waived the two-quote requirement. BRA is recommending that the City waive the two quote requirements due to market conditions affecting contractor availability. BRA estimate for specified work to be performed was estimated at $25,000, the quote received from Building Restoration Corp. was $30,925. In addition, other required and optional work not previously identified by BRA was quoted at $9,150. This additional work provides for preparation of the top course for cap at $8,610, sealing the upper wall at $156 and adding 4"x 8' long block at $384. BRA concurs with the need to perform the additional work and has indicated that they feel the cost quoted by the contractor is a fair price for the specified work. In addition, BRA has indicated that should the City wait for additional quotes, it is very likely that the work will not be completed prior to winter. BRA has also indicated that the City is unlikely to receive additional quotes as contractors are unavailable to perform the work prior to next year's building season. Based on BRA professional opinion, staff is recommending that the Council waive the two-quote requirement due to contractor unavailability and market conditions. The Finance Department concurs with waiving the two-quote rule in circumstances where contractors are unavailable due to market conditions to provide competitive quotes. The total cost of the masonry work to be performed is quoted at $40,075. BUDGET IMP ACT The low quote received from Northwestern is consistent with BRA estimates of between $16,000 - $20,000. The quote received from Building Restoration Corporation exceeds BRA repair estimates by approximately $15,000. Total cost for roof and masonry repairs as quoted is $60,459. Funding for these repairs is available from previously identified funding sources. BRA will be contributing $8,100 to the cost ofthe repairs. RECOMMENDA nON Given the need to effect building repairs prior to winter season, it is recommended that Council approve the quotes as received. Res ~mitted, it; "----"' Mike Rautmann, BRA, 2335 W. Highway 36,81. Paul 55113 . . ----~ . Jl]j Bonestroo Memo Rosene -=- Anderlik & '1i]1 Associates EngInHrI "ArcNtKU Project Name: Fire Station Repairs Client: Andover To: John Erar, Scott Erickson File No: 171-01-101 From: Mike Rautmann Date: 10/16/2001 Re: Bid Results Roof Repairs Roof repair bids were received from Northwestern Waterproofing, Inc. and Allweather Roofing Company. The results are as follows: Roof repairs recommended in our letter report dated 9/24/01: Item Bid No. Northwestern AI/weather Replace metal cap 1,3,11 $8,354.50 $14,180 Roof crickets 5,14 3,600 11 ,445 Lower scupper 6 100 350 Membrane on walls 2,12 1,300 4,520 Metal roof repair 7 3,230 10,096 Mobilization 10,17 900 550 -------------- / - Subtotal $17,484.50 $41,141 BRA estimate $16,000 to $20,000 .,-- Additional improvements: Item Bid No. Northwestern AI/weather * Raise flashing 4,13 $2,900/ $3,962 Seal metal ridge 8,15 3,544 6,084 Revise base detail 9,16 18,170 23,920 -------------------------------------------------- --------------- Subtotal $24,614 $33,966 Total roof repair bid' $42,098 $75,107 Bonestroo, Rosene, Anderllk and Associates, Inc. www.bonestroo.com o St. Paul Office: o Milwaukee OffIce: o Rochester OffIce: o Wlllmar OffIce: o St. Cloud OffIce: o Grayslake OffIce: 2335 West Highway 36 1516 West Mequon Road 1127'" Street NE 205 5th Street SW 3721 23"' Street S 888 East Belvidere Road 51. Paul. MN 55113 Mequon, WI 53092 Rochester. MN 55906 Willmar, MN 56201 51. Cloud. MN 56301 Grayslake. IL 60030 Phone: 651-636-4600 Phone: 262.241-4466 Phone: 507-262-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847-546-6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 - , JLlf Bone.troo Memo Rosene -=- Anderlik & 1:11 Assodate. EngIfteen" Al'd\h:e<ts Masonry repairs Masonry repair bid was received from Building Restoration Corporation. The other bidder, Macpherson-Towne, dropped out at the last minute. They said they were too busy to get to the work this year. There was not sufficient time to solicit another bid. Masonry repairs recommended in our letter report dated 9/24/01 : Item Bid No. Building Restoration Replace cracked block 6,13 $4,290 Repair top course 2 20,070 Mobilization 8,15 6,565 -------------------------------------------------------------------------------- Subtotal $30,925 / BRA estimate $25,000 Additional necessary work Item Bid No. Building Restoration - Prepare top course for cap 1,9 8,610/' Additional optional work Item Bid No. Building Restoration - Seal upper wall 5 $156 ./ - Add 4"x8' long block at FS 2 12 384 ./ ( Repa;, jo;nts a","nd ..ndows 3,10 11.168 ~ Repair window sills 4,11 3,782 5 (" vro < 1i .r,r.- vL- rr 'fl' Misc. tuckpointing 7,14 2,560 ' ~v\t1V ---------------------------------------------- Total masonry work $57,585 Bonestroo, Rosene, Anderlik and Associates, inc. www.bonestroo.com o 51. Paul Office: o Milwaukee OffIce: o Rochester OffIce: o Wlllmar OffIce: o 51. Cloud OffIce: o Grayslake Office: 2335 West Highway 36 1516 West Mequon Road 1127" Street NE 205 5th Street SW 3721 23'" Street S 666 East Belvidere Road 51. Paul. MN 55113 Mequon, WI 53092 Rochester. MN 55906 Willmar. MN 56201 SI. Cloud. MN 56301 Grayslake. IL 60030 Phone: 651-636-4600 Phone: 262.241-4466 Phone: 507-282-2100 Phone: 320-214-9557 Phone: 320-251-4553 Phone: 847.548- 6774 Fax: 651-636-1311 Fax: 262-241-4901 Fax: 507-282-3100 Fax: 320-214-9458 Fax: 320-251-6252 Fax: 847-548-6979 69~ 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 FROM: John Erar, City Administrator SUBJECT: Schedule Council Workshop - Personnel Policy Matters DATE: October 16,2001 INTRODUCTION Pursuant to City Ordinance, changes to personnel policies require Council approval. Issues associated with updating existing personnel policies, a proposed post-retirement insurance premium program and other personnel matters to be discussed with Council. DISCUSSION A workshop to discuss these personnel-related items will likely take between one and two hours in terms of presenting items, responding to Council questions and receiving direction on the matters presented. Information related to these items will be distributed to Council at the workshop. Suggested dates for this workshop would be Tuesday, December 11 or Thursday, December 13. It had been suggested that the Strategic Planning Workshop scheduled for November 13 could also include these items, but it may not be practical from a time availability standpoint to address these issues as well. ACTION REOUlRED Schedule a Council workshop to discuss personnel-related matters for either Tuesday, December 11 or Thursday, December 13, 2001. Meeting would begin at 7:00 p.m. in Conference Room A. ectfully submitted, alj!L o Qt&t N\j\l - W DATE October 16. 2001 I.J. I ITEMS GIVEN TO THE CITY COUNCIL ~~ . Petition from residents/Aircraft . Letter from Tom Enzmann . Building Dept. September Monthly Report . Association Documents/Natures Run . Final Plat/Natures Run . Final Landscape/Natures Run . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\DA T A\ST AFF\RHONDAAIAGENDA\CCLlST.DOC . Ql~ (mw . \D~l~{)1 R'=""""l' '~D I ~__ '~.~_.". '_= ~ I} ~ I CCT 0 ? ""'11 . ,..I LGLJ CITY OF A1tnOV""'R U ",:....., e. 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"'....~:l':"., --- ~o-~~ '" CIl ;> "0 t.) 0 -. -0 .....,;>~~ r" ~..gq-~ a --r- ~ =-~ =", > a~s.=o ~ c:. ~~:: ,.;;;, IJ'Q ~ CIl = =- t"'j =- <:: -. 0. ~ ~ ;; ~ ~ S' (j ( _. c: = IJ'Q -. ~ CIl"Vioq- "0 IJ'Q ~ ..., ., ~ ~ ~ 0 o .... :.< -. ...., "'C :: n ;::$ > o ,. ~ = ~(j~~Q. '"' -. _. ...., 0 -...,. -< .... -< - o ~ 0 ~ ~ _. ~ .~ b (pJ ., (j ~ ;;., tr-j ~..J:) e:o=-o. .......:J ==o.C:o ~ ~ = -. e: =- i-i = !::. ; = ~ ~ ~ - "'C IJ'Q., i-i . O''''C =.g. 0 t.) ., .... ~ ~..g~= 2: ., - '" > s- ~r ciQ. ~ - .... .... =- -. ....." =- ~ .... 0 o ~ = :. = :;c C" !2. = :;. t"'j ~ ~ ~ ~ 00 .... CIl ""-r.Fl _. ;- _. \ 1 =-<c.~ .... ~ ~<< ~ - = ., CIl .... (j ~ ..... -. 0 ~ 0 ~ = -. ., ~ = "",.,.,n ;( ~ ::;..~~== , (7:;) rJ'1 -. ~ 4"""to- ? ..., .,~~o ~ = -"0 _. _ c: ~ Q. -. ~ CIl ~ ~ .... '" = - 0 ~ ~ " ~0 Vi ., g = ? .... ~ = 0 ...... 0 CIl r:> "'l ....." ~ ~ ~ Q. )> CIl "'1-' -3 CIl~== c: = CIl ~ tTl ., c. = ~ n - ~ .. , 14942 Evergreen St. NW Anoka, MN 55304 October 1, 2001 Dear Mayor Gamache and Honorable City Council Members: We are writing to request that you pass an ordinance prohibiting take off and landing of aircraft, including ultralights, in the City of Andover. We live adjacent to a sod farm on Prairie Road and in recent months an ultralight airclub has used this property for recreational flying and as a flight training school. These aircraft have flown almost daily with as many as 6 or more flying at one time and as low as 50 feet or less over our home. It appears that this property is being used as a flight training business and is not zoned for such activities. The noise is unbelievable and we are unable to be outside on our deck or tennis court due to the roar of these aircraft. The aircraft fly both in the evening and early morning hours. We believe it is not appropriate for a flying club to use property located in a residential area as an airport. In addition to noise and invasion of privacy, we feel that this is a matter of public safety and welfare and request that you address this in an ordinance prohibiting these activities in our neighborhood. We have requested that the FAA investigate illegal activities of this club such as low flying, flying after sunset, and flying over residential areas. We were told by Sam Rutherford and Christine Fiero of the FAA Regulatory Department that while their investigation is pending, enforcement may be difficult and the best solution is for the local government to enact an ordinance. Ms. Fiero informed us that other cities such as Bloomington, Minnetonka, Richfield, and possibly Lino Lakes have general ordinances limiting take off and landing of any aircraft to public airstrips. We are unassuming citizens in professional positions who have never been to a City Council Meeting until we attended and spoke regarding our concerns at the 9/18/01 meeting. To date we have been threatened twice: once with a non specific threat by the land owner at the conclusion of the 9118/01 City Council Meeting and the second time we were given a death threat by the flight instructor, David Beckstrom, as he drove past while we were out for an afternoon walk on Evergreen Street on 9/29/0 I. Both of these occurrences were reported and are on police record. We are very concerned for our personal safety and the safety of our children and home as a result of our attending the meeting and voicing our concerns which is our right as citizens. We can only surmise that the strong and violent reaction on the part of the land owner and flight instructor may be tied to the use of this property as a business enterprisc. Flight instructor. David Beckstrom, stated at the 9/18/0 I Council meeting that the property is not being used as a commcrcial enterprise, however. public infonnation from the intcrnct (www.cybcrskies.com) indicates that ultralight flight instruction is a lucrative business with instruction fees ranging from $1,500.00 to $4.000.00 per person. ; . We feel that these individuals are attempting to impede a public process by intimidation and threats and request that the Council continues deliberations Without further public hearings, if possible, due to the nature of the threats against us. In summary, please consider the safety and welfare of the residents in the City of Andover and adopt an ordinance prohibiting the take off and landing of aircraft in the city limits. Sincerely, ~hi1shne 1J.'r\jau~ I Ak-V'v, U\(tt~L Christine and Adam Winiarczyk 2:0'3~l:ld LS:60 1002: 11 l~O , Mr. Mayor, Council Members, I am writing in regards to the Nature's Run Development located at the intersection of Hanson Blvd. and Andover Blvd. I will probably be unable to attend the City Council Meeting on October 16, and would like to voice a question concerning this development. In February, Dennis Gimmested from the Minnesota Historical Society wrote a letter to the U.S. Anny Corps of Engineers in regards to the aforementioned development. In the letter he states "There are recorded properties in this project vicinity - including burial areas. In addition, we believe that there is a good probability thai: unreported archaeological properties might be present in the project area. Therefore, we recommend that a survey of the area be completed." In July, Mark Dudzik from the Office of the State Archaeologist wrote a letter to the City of Andover. In the letter he addresses the location ofa known burial area. (site 21-AN- OOOa) "In the course of reviewing same, it became evident that the reported burial area - a Native American burial mound - was actually located in T32NlR.24/Section 26 rather than Section 27 as reported by SHPO. This reported location (section 26) is well outside of the proposed project area." - If you read the letter from the Minnesota Historical Society, Mr. Gimmested does not indicate anywhere, that site 21-AN-OOOa is in the project area as Mr. Dudzik suggests. He merely states that there are recorded properties (meaning site 21-AN-OOOa) in the vicinity. In addition, he believes that there is a good probability of unreported archaeological properties within the project area. Mr. Dudzik's letter fails to address the issue of the probability that there is an unreported archaeological property within "Natures Run". In fact, he doesn't mention it at all. He goes so fu as to admit that he doesn't know the location of the one known site when he states, "Additionally, the precise location of this poorly documented feature within Section 26 is poorly known". It is apparent that Mr. Dudzik is unaware of the location of the site, he also doesn't lmow if there are any other sites in the area, and has never been to the project area. The Minnesota Historical Society has recommended that a survey take place. They have a strong belief that there is a historical site within the project area. Yet, Mr. Dudzik has ignored their request and failed to address the issue. This failure to address the issue leaves the City of Andover in a precarious position. If the City allows the Developer to proceed and during the excavation a historical site is unearthed, the city Vvill have lmowingly allowed the developer to disturb a Cemetery. However, if the city were to pursue a survey with the historical society, it could then determine whether there are any unrecorded sites within the project. Ifnone were found then the development could proceed 'without any fear of litigation from the Council for Indian Affairs. m'381;:1d BS:60 100c 11 lJO . The developers, being of high standing, and of good repute, shouldn't have any objection to a survey. You can be sure the last thing that they would want to do, is to disturb an Ancient Burial Ground. They would probably welcome the opportunity to participate in order to clear the way to proceed with their development. Questions: . Has anyone from the City of Andover contacted the Minnesota Historical Society and spoke with their Archaeologist? . Has anyone from the City of Andover contacted the Council for Indian Affairs about the procedures required in order for the project to proceed? . Has anyone from the City contacted the U.S. Army Corps of Engineers concerning this project? . Has the City's legal council investigated the possibility that the City of Andover may be liable? Respectfully, Thomas Enzmann 1718 Andover Blvd. NW Andover, :MN ~6~ j70'3~t;d BS:60 t00c tt lJO . " ,: 0 '.W~ ;, ~ II ~~:".e:&OTA Br:,1'OnICA,tSOClr.n Sr... ~ B:!srORlC PRESERV.., nON OJ:l'!CE FeblUaty 1 e. 2001 Mr. Tim FeU U.S. AmtI Corp. of Erlglr.ftC1I 1;0 !fb!t~ E_ St. PIUt. MN 56101-1638 , FlE: 20:::1 0182l:ll; D.H. Land COmpany , , , OlaetlargeJ flll.~u ~1.l.O !1IU;le/Jllal. d~I9P!Tll!nl... T32R24S27.Anclca~ . - . " .. ..... - --- . ~..~- StiPC NI.llTlber: :aJOl.1086" DearMr.FtII: -- Th1Jnl< you fer the Qpporwnity to ~vlew and comment on t'1e flOQve proJect. It l1ie been reviewed ,pursuant lC me resPO!'llltllRlISII giv.~ th6 SllIle Hiatol'ie Pr8JlOMll!on omc.r by ll'le. ~:m~ HI~ PTM4rVatlcrr Al;:! Of 1 i65 smd the proClJdU1'9C of lr1\l Advisory Colincll on Historic FlrtMrmc:n (~eC!"RSOO). Therlf Bre r&eOrded Iltopetk3 in this project vicinity - including burilil areas, In addition. W$ ~lieYe thelt 1ho~ ;, . ;..od prObablHty that unreport~d arctraeologiCZlI propertio, might be ~ent 1M t::'.e proJlilct area. Therefore, we recorr.mcr:d ~at a ;urvey of the arllll b. oomp Ietllc1. Thll &UIYsy mutt meet the r6qtJlrerTlents gf lI1e Sel:relliiry of lI1e IntirlO(" Standa1'd$1or 1~[Iljlle.tlon and Ev.luat:on, and ~hcuJd ~ud. il'\ t...a!u;itlon of National ~~IUor QllQibWly for l!ny prQl1inles lhllt ara idtintlfiec:t. If tie proiect ar~ can be doeument.d 41$ prevlol.r.lly di;tlJrtled or p~\lIQUsly &uznytd. \.\It will (''''''''U&~ !he need (0( cUlViy. Pr~ly c:llsllJrtltd are.. tre those wt,..,., ~ nallJl'l!lllly o~rring p~acill( IIQ/la ena .edimentll have been rtlOtf1tly removed. Any prel'lous 3~Y Wor1c; murtmllit conll!mj:lOrar)' slllllalll'OS. Sln~ lI1erl I.a a burial area In ~15 project vicinity, thi requl~menta of thll Mll'lr1~ta Private Colrmeteri" Acl will allO nud to be zddn> Hed. If YQl,/ h~e eny QU~OI'J$ ~n OUT ravhiW 01 this p"ject, piau. corrtac:t mlt at (56') 296- 6462. -::~,,""'.:: :'::".,:::~:--'~'., .. ~ ....~; .;.: : ;:,.. :, .J' ~ ~ Sl 'rf i il,5I$I":' nc&r9:. . : :- J L.:%..; ...., r. \:Jd. "~!, "'.1" -. '-~ '. ; ....'FE82-..ioo, ~ Di"" ".G;",,,.mbj:,> .. .' . . ~ L Gcvl!mment ProgM!('l'lS ~nd COmpl(!!I1Cll Offioer C"fl;;~o.;' 'GIN . .... I,~ , I . ST. PAUL OlSTRI ' cc: Marie ~ud:zlk. $~Q Aron&eologlsl )SGljLATO~Y SIWIeH ; . ..- ~,l.~ ~'.:tJ.ll(:': n.h;r,"~\lIn "/In liI.\l~'1 r,\Iil.. ~I~N SO", :;';1111 ")"nITYJJ<.l"III1~ t., (..I ~1lC. ~~o S0'3!Jl:Jd BS:60 100c 11 1JO . ~sv:rB~C>. RECEIVED , July 5,2001 If' ~\ ~ b JUL 9 2001 ~ Q David Carlberg, Director 1lO.:~ Community Development, City of Anoh ~lNNEso~~ CITY OF ANDOVER 1685 Crossto'wn Boulevard NW Andover, MN 55304 RB: D.H. Land Company/Nature's Run residential development project (dischargefill); Anoka County, T32N/RU/Section 27 - potential Native American "bwiaI mound" issue (21-AN-OOOa) Dear Mr. Carlberg, Thank you for your recent inquiry re: the above project. As discussed previously, the State Htstoric Preservation Office (SHPO) had previously reviewed thi~ project for potential impacts to cultural resources. In their correspondence of 02.18.200, SHPa reported that there was a "burialarea" (site21-AN-000a) in the vicinity of the project, and indicated that provisions ofMS 307.08 (section of the "Private Cemeteries Act") would need to be considered. OSA had opportunity to review and comment on this potential burial issue. In the course of reviewing same, it became evident that the reported burial area - a Native American burial mound - was actually located in T32NIR24/Secrion 26 rather than Section 27 as reported by SHPO. This reoo,.ted location (section 26) is well outside ofrhe prooosed proiect area Additionally, the precise location of this poorly documented feature within $ection 26 is poorly known, the reported shape of the mound (described as an "almost perfect cone") rather atypical for such mounds, it was previously excavated (and so little; else might remain of the original feature), and the findings rather equivocal (a possible decomposed human tooth; see enclosure). Do not hesitate to contactme further if you require additional information, clarification or assistance regarding this matter. . Sincerely, ~ Mark J. Dudzik State Archaeologist cc: J. Monge, League ofMN Cities 90'381:id < 6S:60 100c 11 lJO " , ',- ... 286 ,THE ABORIGINES OF IDN'NEBOT.A.. '. ll.S ciulfr, the whole of whic!l, particulllIly:on the Bouthem half of the ielnn.d., is literully' filled. 'with bones, I ~d broken pieCe::! of ~hs :!tDll.\Iest sizes of III! wild lI.cimlLls from the size of II scuiIrel to thnt-of liD. elk . ..... ... P IInri bones ILlso of fishes and birds of. u.ll kinds, lUld shells of &11 kinds to be found in this ps.rt of the country, bu~ very much declLyed'. Whc:~her this light blllck losm baa beeJ1 formed by the decay of bOlles ill a question which occuned to me."-Hill Bee. .' MlI1l~ nectr Cen!re City (es.s~ arm or lake). N. E. ~, . N. E. ~, sec. 34, T. .3!-20. ..bout 30 f~. aboV'e the la.ke. . One emba.nkment is'pnrtially graded. away for ll. rOlLd. The ,....... group co~. of 5 Ill;oWllis. of whiclL two are common elongu- , ted mounds. Surveyed.NoV'. H, ISSS.' . . Green. '[,ake 1IlQ1m<U, S. W. U, s. W. 7.(, sec. 6, T. SS-:ZO, Il.bout 20 ft. above the lake, embracell' 10 momuU, not tn- . eluding the err.bnnkments connecti.n~ ~wo of them. No. Z, :II. e1oIl,;JLted mOlIIld, is CllD..llSc:ted with. No.3, II. tumulus ~~as by two embankmen.t~. One .is short, ~t. llJld near!; :pnrallel mth the direction of the long mound, and the other C"t is CU1'ving, circuitous and longer tb..m seems necessary to "'::. make simply a conneetioll. between the t~ mounds. lelL vin.. ~ . Q 'Y~ Q <. ""'+ <: - \ \ the impresmou. tb.4t it h4d some 'other plIrJXlse:. In its ~eep ea.st'lVllrd. llI1d. tl.orlhm.r<i' it even. goes . beyond the further end of the elong!.ted.. mound 8.lld retums upon. itself ll. sho~ distl!.llce before it rea.ches ,. it. It' alBCl b.a.s an enllI.rgemCllt OIl the inner side of tb.e circle which. llppears lil'"e the section. of II. small tamulus. This Circuitous embukmen.t is ..bout 8 ft. wide ILnd 1 It. high, but II.t its union. '\'lith the tumulus (No: S) its width is about IHt. The othet; GREEN cOIlDection between these moWlds is 11.190 8 ft. wide m<i 1 ft. high. The Illrgest of the tumuli is that - which bn.s this curio\1l co~ctiOD. "oicb. the elongated mound, 46 ft. by 3~ ft. Other lam. moundr llre situll.ted llS follows: Nellr W}'otoi.!lg, S. ~, N. W. ~, sec~ :lB, T. 33-21,. on 8. ridge about 20 fc. llbeve a S'lV8.mp, 60 ft. by 9 ft., h.s.s been. opened; W. H, S. W. ~, sec. 20, T. 37.20, lI.bou.t 18 ft. llbove'St. Crob: river, 42 ft. by 7H' ft.; S. W. ~, N. W. >{, sec. 20, T. 3i-20, about ~o rode north. 1Ll1d. west of the lDoSt, 20 ft. II.hol's the river llnd llbout 350' Yllrds [rom It, between them being 'tnlI.rsh. ne.'Ct the mound and timber nut the river. Surveyed Dee. 3, 1885. __ __ AIr. B. F. Wright describes the exploIlltion of D. mound situated ll.ut the south. side of seC. 26, T. po- 42-24, near Coon creek, about aoo Yllrds from its bank. . The mound 'lVD.S 4bout 15 ft. high ll.lld in. shape '2.1. A.N. ~ a.lmost IL periect cone. At the depth of About 7 ft. from the top he fo.und 1I'hllt lI.Pl'ellred. to be tbe elll'mel -~ of a human molllr ~ootb) but much decomposed.-liiU Rec. ],[r. Clement Soest reports Ili mou.nd Oil. the N. E. );,(, S. W. );,(, see. l40, T. 3~2S. It is ,"ery l.o.rge, q '(put '/1 ~ I' O'Nlen ll.'\:.l.mined. This is conErmed by M.r. FOlso,lD, of Rwhseby.~Hin Rec.. ~ "'" v. . . ,\ . _u.._.~.. .r , mnllnd nell, Cotr'f~\i~O: h . 1007.' . II . ~ 3() TO: Mayor and City Council ~' SEPTEMBER FROM: David Almgren RE: 2001 Monthly Building Report BUILDING PERMITS Permit/Plan Tax Total Valuation 30 Residential 19 SIW 5 Septic 6 Townh. $ 63,690.87 $ 2,286,00 $ 65,976.87 $ 4,572,000,00 5 Additions $ 4,008,10 $ 93.55 $ 4,101.65 $ 187,100.00 10 Garages $ 3,464,15 $ 60,25 $ 3,524.40 $ 120,500.00 3 Remodeling/Finishing $ 120.00 $ 1,50 $ 121.50 $ o Commercial Building $ - $ - $ - $ o Pole Bld9s/Barns $ - $ - $ - $ 2 Sheds $ 156.70 $ 2,65 $ 159.35 $ 5,300.00 1 Swimming Pools $ 242,85 $ 7.20 $ 250.05 $ 14,400.00 1 Chimney/Stove/Fireplace $ 98.65 $ 2,05 $ 100,70 $ 4,100.00 2 Structural Changes $ 77,37 $ 1,00 $ 78,37 $ 1,300.00 15 PorcheslDecks/Gazebos $ 2,507,33 $ 40.38 $ 2,547,71 $ 80,766.00 o Repair Fire Damage $ - $ $ $ 40 Re-Roof/Siding $ 1,600.00 $ 20.00 $ 1,620.00 $ - 2 Other $ 2,084,78 $ 50.50 $ 2,135,28 $ 101.000.00 2 Commercial Plumbing $ 367.12 $ 5.00 $ 372.12 $ 10,000.00 o Commercial Heating $ - $ - $ - $ o Commercial Fire Sprinkler $ - $ - $ - $ - o Commercial Utilities $ - $ - $ - $ - o Commercial Gradin9 $ - $ - $ - $ $ - 113 SUBTOTAL $ 78,417,92 $ 2,570,08 $ 80,988,00 $ 5,096,466.00 PERMITS FEES COLLECTED 113 Building Permits $ 78,417,92 $ 2,570.08 $ 80,988.00 3 Ag Building $ 15.00 $ - $ 15,00 1 Curb Cut $ 10,00 $ - $ 10.00 1 Demolition $ 30,00 $ - $ 30.00 2 Footing $ 30,00 $ - $ 30.00 1 Renewal $ 28,32 $ - $ 28.32 o Moving $ - $ - $ - 31 Heating $ 1,245.00 $ 15.50 $ 1,260.50 30 Gas Fireplaces $ 1,200.00 $ 13.00 $ 1,213,00 32 Plumbing $ 2,474.00 $ 16,00 $ 2,490.00 36 Pumping $ 180.00 $ - $ 180,00 o Septic New $ $ - $ - 8 Septic Repair $ 320,00 $ 4.00 $ 324,00 25 Sewer Hook-Up $ 625.00 $ - $ 625.00 25 Water Meter $ 1,250.00 $ $ 1,250.00 1 Sewer Change Over $ 51,50 $ 0.50 $ 52,00 1 Water Change Over $ 50,00 $ 0,50 $ 50.50 25 Sac Retainage Fee $ 287.50 $ - $ 287.50 25 Sewer Admin. Fee $ 375.00 $ - $ 375.00 31 Certificate of Occupancy $ 124.00 $ - $ 124.00 26 License Verification Fee $ 130.00 $ - $ 130.00 o Reinspection Fee $ - $ - $ - 5 Contractor License $ 125.00 $ $ 125,00 o Rental License $ - $ - $ - o Health Authority $ - $ - $ $ 422 TOTALS $ 86,968.24 $ 2,619.58 $ 89,587.82 Total Number of Homes YTD 2001 194 Total Number of Homes yrD 2000 282 Total Valuation YTD - 2001 $ 65,021,085.00 Total Valuation YTD - 2000 $ 46,352,983.00 Total Building Department Revenue YTD- 2001 $ 779,989,29 Total BuildinQ Department Revenue YTD- 2000 $ 708,687.46 .{~hIQ\ )y - ~ .. .' ARTICLES OF INCORPORATION OF NATURE'S RUN TOWNHOME ASSOCIATION i The undersigned, being of full age and for the purpose of forming a nonprofit corporation under the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317 A, as the same is amended from time to time ("Act") does hereby adopt the following Articles of Incorporation; ARTICLE I. NAME The name of the corporation is Nature's Run Townhome Association, Inc., hereafter called the "Association." ARTICLE II. REGISTERED OFFICE The registered office of the Association is located at 843 West Broadway, Forest Lake, MN 55025. ARTICLE ill. NO PECUNIARY GAIN The Association is organized as a nonprofit corporation. The Association shall in no way, directly or indirectly, incidentally or otherwise, afford pecuniary gain to any of its members, directors, or officers, nor shall any part of the net earnings of the Association in any way inure to the private benefit of any such member, director, or officer of the Association, or to any private shareholder or individual within the meaning of Section 528( c )(1 )(D) of the Internal Revenue Code, except that the Association shall be authorized to make reasonable allowance and payment for actual expenditures incurred or services rendered for or on behalf of the Association. No substantial part of the activities of the Association shall constitute the carrying on of propaganda or attempting to influence legislation, and the Association shall not participate or intervene in any political campaign on behalf of any candidate for public office, nor shall the Association engage in any transaction or carry on any other activity not permitted to be carried on by an association exempt from federal income tax under Section 528 of the Internal Revenue Code (or the corresponding provision of any future United States Internal Revenue Law). ARTICLE IV. PURPOSE AND POWERS OF THE ASSOCIATION The purposes and objects ofthe Association are to provide for and to administer the operation, management, maintenance and care of Townhomes constructed upon Townhomes of Nature's Run, which is a planned community (herein called "Planned Community") and the . , . I Common Elements of the Planned Community to be established in accordance with Minn. Stat. g515B, commonly known as the Mipnesota Common Interest Ownership Act (the "Act"), upon the following described real property lying and being in the City of Andover, County of Anoka, St*e of Minnesota, described as follows, to-wit: Lots 1 through 29, inclusive, Block 1 and Lots 1 through 27 inclusive, Block 2, Nature's Run, Anoka County, Minnesota (Lot 29, Block 1 and Lot 27, Clock 2, being part ofthe Common Elements of the Planned Community. together with any additions to the Planned Community made in compliance with the terms of its Declaration and to undertake the performance of the acts and duties incident to the administration, operation and management ofthe Association in accordance with its terms, provisions, conditions and authorizations, as contained in these Articles of Incorporation, the Bylaws of the Association, and the Declaration establishing Nature's Run Townhome Association, as the same may be amended from time to time, which Declaration will be filed in the Office ofthe County Recorder in and for Anoka County, Minnesota, at the time said real property and the improvements now or hereafter situated thereon, are made subject to the terms and conditions of the Act. In furtherance of said purposes, the Association shall have the power and authority to engage in any and all lawful activities that may be reasonably necessary in order to accomplish any of the foregoing purposes, and to do and exercise all other powers and authority now or hereafter conferred upon nonprofit corporations under the laws of the State of Minnesota. ARTICLE V. MEMBERSHIP The membership of the Association shall consist of the owners (hereinafter called the "Unit Owners") of the units (hereinafter called the "Units") within Nature's Run, Anoka County, Minnesota, as defined in and determined by the Declaration. Membership in the Association shall be appurtenant to, and shall not be separated from said Unit of their respective Units. A person shall cease to be a member ofthe Association at such time as the Association shall automatically pass when the ownership of a Unit is transferred in any manner. ARTICLE VI. VOTING RIGHTS The Association shall have two classes of voting membership: Class A. Class A members shall be all Unit Owners, with the exception of the Developer. Class A members shall be entitled to one vote for each Unit owned. When more than one person holds an interest in any Unit, all such persons shall be members. The vote for such Unit shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Unit. . 2 . . . Class B. The Class B member shaH be Avalon Homes, Inc. (hereinafter "Developer"), its successors and assigns, is such successors or assigns should acquire more than one undeveloped lot from it for the purposes of development. The Class B member shaH cease and be converted to ~Iass A membership on the happening of either of the foHowing events, whichever occurs earlier: when the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or on a date five years after the conveyance of the first Unit to an Owner other than the Developer or its affiliates. ARTICLE VII. BOARD OF DIRECTORS The affairs of the Association shaH be managed by the Board of Directors. The first Board of Directors of the Association shall consist ofthree persons, whose names and addresses are: Name Address Mitch Ammerman 22950 Lofton Avenue Scandia, MN 55025 Kim Ammerman 22950 Lofton Avenue Scandia, MN 55025 Charles Olson 3204 Butternut Circle N.W. Prior Lake, MN 55372 The number of directors, term of office, method of removal from office, and method of the filing of vacancies in the Board of Directors, shall be provided in the Bylaws of the Association. ARTICLE Vrn. DISSOLUTION The Association may be dissolved with the assent given in writing and signed by not less than the Unit Owners holding ninety-five percent (95%) of the votes of the Association and ninety-five percent (95%) of the first mortgages of the Units (each mortgagee having one vote for each Unit financed). Upon dissolution of the Association, after payment of aH debts and obligations of the Association, aH remaining corporate assets shaH be distributed in accordance with the provisions ofthe Act. . 3 . . R ARTICLE IX. AMENDMENTS i Amendments of these Articles shall require the assenting vote of the members entitled to cast seventy-five percent (75%) of the votes in the Association. ARTICLE X. CAPITAL STOCK The corporation shall have no capital stock. ARTICLE XI. PERSONAL LIABILITY The members of this Association shall not be liable for Association obligations except as provided for and authorized under the Declaration. ARTICLE XII. INCORPORATOR The name and address of the incorporator of this Association is: Mitch Ammerman 22950 Lofton Avenue Scandia, MN 55025 IN WITNESS WHEREOF, for the purpose of fonning this Association under the laws of the State of Minnesota, the undersigned, constituting the incorporator of this Association, has executed these Articles of Incorporation on this _ day of ,2001. Mitch Ammerman 4 - BYLAWS OF NATURE'S RUN TOWNHOME ASSOCIATION ARTICLE I. NAME AND LOCATION The name ofthe corporation is Nature's Run Townhome Association, hereinafter referred to as the "Association." The Association is formed pursuant to Chapter 317 A and Chapter 515B, Minnesota Statues, known respectively as the Minnesota Non-Profit Corporation Act and Minnesota Common Interest Ownership Act, (the latter being referred to herein as the "Act"), and the laws amendatory thereof and supplemental thereto. The principal office ofthe Association shall be located at 843 West Broadway, Forest Lake, MN 55025, but meetings of members and directors shall be held at such places within the State of Minnesota as may be designated by the Board. ARTICLE II. DEFINITIONS Except as otherwise specified herein, the terms used in these Bylaws shall have the same meaning as they have in the Declaration of Nature's Run Townhome Association (hereinafter "Declaration"), which Declaration shall be recorded in the office of the Anoka County Recorder. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS The terms of Article VI of the Articles of Incorporation of the Association govern membership and voting rights in the Association. Said Article VI is hereby incorporated herein by reference. ARTICLE IV. MEETING OF MEMBERS Section 1. Annual Meetings/Annual Reports. (a) The first annual meeting of the Members shall be held within one (1) year from the date of incorporation of the Association, and a subsequent regular annual meeting of the Members shall be held at least once per year on such date and at such place as shall be designated by the Board in a notice sent in accordance with Section 3 of this Article IV. (b) At such annual meeting, the following items of business shall be addressed: (i) election of successor directors for those directors whose terms have expired, (ii) consideration I of the annual report, and (iii) consideration of and action on any other matters included in the . notice of meeting. (c) An annual report shall be prepared by the Association and a copy of the report shall be provided to each Owner at or prior to the annual meeting. The annual report shall contain the following information: (i) a statement of any capital expenditures in excess of two percent of the current budget or $5,000.00, whichever is greater, approved by the Association for the current fiscal year or succeeding two fiscal years; (ii) a statement of the balance in any reserve or replacement fund and any portion of the fund designated for any specified project by the Board; (iii) a copy of the statement or revenues and expenses for the Association's last fiscal year, and a balance sheet as of the end of said fiscal year; (iv) a statement of the status of any pending litigation or judgments to which the Association is a party; (v) a statement of the insurance coverage provided by the Association; and (vi) a statement of the total past due assessmentS-on all Units, current as of not more than 60 days prior to the date of the meeting. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president or by the Board, and shall be called by the president upon written request of the Members who are entitled to vote at least twenty-five percent (25%) of the votes in the Association. No business shall be transacted in a special meeting of the Members except as stated in the notice ofthe meeting, as hereinafter provided. Section 3. Notice of Meetings. Not less than 21 days nor more than 30 days in advance of any annual meeting, and not less than seven nor more than 30 days in advance of any special meeting, the secretary shall cause written notice of each meeting ofthe Members to be hand delivered or sent postage pre-paid by United States mail to the mailing address of each Unit, or to any other address designated in writing by an Owner to the Association as their address for notice purposes. Such notice shall specifY the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. The notice shall also state if voting by proxy is permitted, and if so, the procedure for appointing a proxy. Failure to comply with the notice requirements set forth in this Section 3 shall not invalidate any meeting of the Members or any action taken at a meeting ofthe Members. Section 4. Quorum. The presence at the beginning of the meeting of Members entitled to cast, or of proxies entitled to cast, twenty percent (20%) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of i Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present! or represented at any meeting, the Members entitled to vote shall have the power to adjourn and reconvene the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. A quorum, having 2 once been established at a meeting, shall continue to exist for that meeting, notwithstanding the departure of any Member previously in attendance in person or by proxy. Section 5. Voting Registration. It shall be the duty of each Owner to register with the Secretary of the Association in writing (i) the name and address of such Owner, (ii) the nature and satisfactory evidence of such Owner's interest or estate in a Unit, and (iii) the addresses at which such Owner desires to receive notice of any duly called meeting ofthe Members. If an Owner does not register as provided in this paragraph, the Association shall be under no duty to recognize the rights of such person hereunder, and shall not recognize such person's right to vote as provided herein, but such failure to register shall not relieve an Owner of any obligation, covenant or restriction under the Declaration or these Bylaws. If there is more than one Owner of a Unit, each must execute the registration as provided in this paragraph. Section 6. Voting Re~ster. At the beginning of each meeting of the Members, the Secretary shall deliver to the chairman for the meeting a written list ofthe Unit members, the respective name or names of the Owners entitled to notice of such meeting, and the respective name ofthe person (in the case of multiple Owners) authorized to vote. Section 7. Proxies. At all meetings of Members, votes may be cast by Members, in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his or her Unit. A proxy is valid for 11 months unless a different period is expressly provided in the proxy, provided, however, that a proxy is not valid for more than three years from its date of execution. Section 8. Association as Owner. No vote shall be deemed to inure to any Unit during the time when the Unit Owner thereof is the Association. Section 9. Action Taken Without a Meeting. Any action which might be taken at a meeting of the Owners may be taken without a meeting if authorized in a writing or writings signed by all of the Owners. ARTICLE V. SELECTION OF BOARD AND TERM OF OFFICE Section 1. Number. (a) The affairs of the Association shall be governed by a Board of Directors. The first Board of Directors shall consist of the persons designated as directors in the Articles offucorporation of the Association or appointed to replace them by the Declarant, subject to the rights of owners to elect directors as set forth in Section 2 ofthis Article V. (b) Upon the expiration of the terms of the Members of the first Board of Directors, I the Board of Directors shall be composed of five (5) directors, all of whom shall be Members. ' Section 2. Term of Office. (a) The first Board shall serve until they are replaced by the Declarant or until the expiration ofthe terms of the Members ofthe first Board. 3 . - (b) Notwithstanding the foregoing, within 60 days after the conveyance of 50 percent of the Units to Owners other than the Declarant or an affiliate ofthe Declarant, a special meeting of the Association shall be called to elect one (1) director who shall be an Owner other than the Declarant. This newly-elected director shall replace one of the existing directors and shall serve until the expiration of the terms ofthe Members of the first Board. (c) Upon the expiration ofthe terms of the Members of the first Board, another special meeting shall be called to elect five new directors, one director for a term of one year, two directors for a term of two years, and two directors for a term ofthree years. These directors shall replace the previous Board. At each annual meeting thereafter, the Members shall elect a director or directors to replace the director or directors whose term(s) is/are expiring. Cumulative voting shall not be allowed. Section 3. Removal. (a) Until the expiration of the terms of the Members of the first Board, the Declarant shall have the sole right to remove directors and appoint new directors; provided, however, that this right does not extend to any director elected pursuant to Section 2(b) ofthis Article V. (b) Upon the expiration of the terms of the Members ofthe first Board, any director may be removed from the Board, with or without cause, by a majority vote of the Owners at a special meeting called for that purpose. Section 4. Resignation. A director of the Association may resign at any time by giving written notice to the Board, such resignation to take effect at the time of receipt of such notice or at any later date or time specified therein or at such earlier date as agreed upon by a majority vote of the Owners of a special meeting duly called for that purpose. Unless otherwise specified therein, acceptance of a resignation shall not be necessary to make it effective. Section 5. Vacancies. (a) In event of death orresignation of a director, such director's successor shall be selected by the remaining Members of the Board and shall serve for the unexpired term of his or her predecessor. (b) A vacancy on the Board created by the exercise of the removal powers set forth in Section 3(b) of this Article V, may only be filled by a vote ofthe Members at a special meeting duly called for that purpose. Section 6. Compensation. No director shall receive compensation for any service he or she may render to the Association, unless such compensation is approved at a meeting of the Members. However, any director may, by resolution of the Board, be reimbursed for his or her actual expenses incurred in the performance of his or her duties. ! 4 -- ARTICLE VI. NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Upon the expiration of the terms of the Members ofthe first Board, nomination for election to the Board shall be made by the Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairperson, who shall be a member of the Board, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board prior to each annual meeting of the Members to serve from the close of such annual meeting until the close ofthe next annual meeting, and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Section 2. Election. Election to the Board shall be by secret written ballot. At such election, the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VII. MEETING OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the Board shall be held at such place and hour as may be fixed from time to time by the Board. If such meeting falls upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings ofthe Board shall be held when called by the president of the Association, or by any two (2) directors, after not less than three (3) days notice to each director. Section 3. Quorum. A majority ofthe number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. Section 4. Notice and Open Meeting Requirements. The Board shall give reasonable notice to the members of the Board as to the date, time and place of each meeting of the Board. Except as otherwise provided in this section, meetings of the Board must be open to the Members. Meetings of the Board maybe closed to discuss the following: 1 (i) personnel matters; 5 ~-- . (ii) pending or potential litigation, arbitration, mediation or other potentially adversarial proceedings between Members, between the Board or the Association and Members, or other matters in which any member may have an adversarial interest, if the Board determines that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the Board or the Association or the privacy of a Member or Occupant; or (iii) criminal activity arising within the Common Area if the Board determines that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting would jeopardize investigation of the activity. Nothing in this section imposes a duty on the Board to provide special facilities for meetings. The failure to give notice as required by this Section 4 of Article VII shall not invalidate the Board meeting or any action taken at the meeting. ARTICLE VIII. POWERS AND DUTIES OF THE ASSOCIATION The Association, by and through its Board, shall manage the Property, affairs and business of the Association. Without limiting the generality of the foregoing, the Board shall have the rights and obligations set forth in Article VII of the Declaration, which Article is incorporated herein by reference. ARTICLE IX. OFFICERS AND THEIR DUTIES Section 1. Enumeration of Officers. The officers of this Association shall be a president, who shall at all times be a member of the Board, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting ofthe Members. Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. Any officer may be removed from office with or I without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein or at such earlier time as decided by the Board 6 --. . . . at a special meeting duly called for such purpose. The acceptance of such resignation shall not be necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder ofthe term ofthe officer replaced. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any ofthe other offices except in the case of special offices created pursuant to Section 4 of this Article. Section 8. Duties of Officers. The officers shall have the duties and responsibilities normally pertaining to their respective offices together with such specific duties as may be specified by the Articles of Incorporation, these Bylaws or the Board. The President shall preside over the meetings of the Board of Directors and ofthe Association of Owners, shall have all of the general powers and duties which are normally vested in the office of President of a corporation and shall have the power to execute contracts and similar documents on behalf of the Association. The Secretary shall keep the minute book ofthe Association wherein minutes of all meetings and all resolutions and proceedings of the members and of the Board shall be recorded, and shall keep a record of the name and mailing address of each Owner, and the Unit or Units in which he has an interest and shall give all notices required by the Articles of Incorporation ofthe Association, these Bylaws, the Declaration or the Act. The Treasurer shall keep the financial records and books of account of the Association. The Treasurer shall have custody of all intangible evidences of indebtedness. The Treasurer shall deposit all monies and other valuable effects in the name of or to the credit of the Association in such depositories as may be designated by the Board and shall disburse the funds of the Association as ordered by the Board and shall perform all other duties incident to the office of Treasurer. The Treasurer shall furnish upon request of any Owner a statement as to the current account of the Owner upon the assessment rolls of the Association. Officers shall serve without compensation except for reimbursement for out-of-pocket expenses incurred in the performance of their duties. If desired by the Board, administrative tasks ofthe officers may be performed by a managing agent selected by the Board. ARTICLE X. COMMITTEES The Association shall appoint an Architectural Control Committee as provided in the Declaration, and a Nominating Committee, as provided in these Bylaws. In addition, the Board shall appoint other committees as deemed appropriate in canying out its purpose. 1 7 -- . ARTICLE XI. ASSESSMENTS As more fully provided in the Declarations, each Member is obligated to pay to the Association the full amount of any assessment for Common Expenses. Assessments which are not paid when due shall be subject to collection as provided in the Declaration and the Act. ARTICLE xn. AMENDMENT TO BYLAWS These Bylaws may be amended only in the same manner and to the same extent as the Declaration. ARTICLE xm. INDEMNIFICATION OF OFFICERS AND DIRECTORS The Association shall indemnify and hold harmless every director and officer, his heirs, executors and administrators, against all loss, cost, judgment and expense, including attorneys' fees, which may be imposed upon or reasonably incurred by him in connection with or arising out of the defense or settlement of any claim, action, suit or proceeding to which he may be made a party by reason of his being or having been a director or officer of the Association whether or not he is an officer or director at the time of incurring such loss, cost, judgment or expense, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to have been guilty of willful or fraudulent conduct detrimental to the best interests of the Association. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which the Board has agreed on behalf ofthe Association that the person to be indemnified has not been guilty of willful or fraudulent conduct detrimental to the best interests of the Association in the performance of his duty as such director or officer in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such director or officer may be entitled. All liability, loss, damage, costs and expenses incurred or suffered by the Association by reasons arising out of or in connection with the foregoing indemnification provisions shall be treated and handled by the Association as a Common Expense. Nothing in this Section shall be deemed to obligate the Association to indemnify any Owner who is or has been a director or officer of the Association, with respect to any duties or obligations assumed or damage or liabilities incurred by him solely in his capacity as an Owner. ARTICLE XIV. MISCELLANEOUS Section 1. Notices. All notices required these Bylaws or the Declaration to be given tOI the Association or the Board shall be sent to the Board at the office of the Association or to ' such other address as the Board may hereafter designate from time to time. All notices to any Owner required by these Bylaws or the Declaration, shall be sent to such person's address or to such other address as may be designated by such Owner in writing from time to time to the 8 . - . Association. All notices to secure parties with an interest in a Unit shall be sent by U.S. mail to their respective addresses as designated by them from time to time in writing to the Association. All notices shall be deemed to have been given (1) upon hand delivery, or (2) when deposited in the U.S. mail, properly addressed and postage prepaid, except notices of change of address, which shall be deemed to have been given when received. Section 2. Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws. Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of these Bylaws or the intent of any provision hereof. Section 4. Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. Section 5. No Corporate Seal. The Association shall have no corporate seal. Section 6. Election Under Internal Revenue Code. The Board shall make and file all elections and documents required pursuant to the Internal Revenue Code, and any other applicable statute or regulation, in order to exempt from taxation, insofar as possible, the income of the Association consisting of assessments paid by Owners. Section 7. Fiscal Year. The fiscal year of the Association shall be as determined by the Board. The undersigned hereby certify that the foregoing Bylaws were adopted as the Bylaws of Nature's Run Townhome Association, a Minnesota nonprofit corporation under the laws of the State of Minnesota, by action of the Board at the first meeting thereof, effective this day of ,2001. Secretary THIS INSTRUMENT WAS DRAFTED BY: Douglas J. Dehn ! Randall, Dehn & Goodrich 2140 Fourth Avenue North Anoka, MN 55303 763-421-5424 9 " f .-.. DECLARATION OF NATURE'S RUN . - . NATURE'S RUN TOWNHOME ASSOCIATION TABLE OF CONTENTS SECTION 1 DEFINITIONS .........................................................................................................1 1.1 Additional Real Estate ...... .... ... ........... ...................................................................... 2 1.2 Association........................... .................................................................................... 2 1.3 Board ........................................................................... ............................................. 2 1.4 Bylaws ................................ ......... ............ ............... ............................ ...................... 2 1.5 Common Elements .............................. ........ ..... ..................................... ................... 2 1.6 Common Expenses ....................................................... ...................................... ...... 2 1.7 Common Expense Liability............................................................................ .......... 2 1.8 Declarant.... ................................................................................... ............................ 2 1.9 Dwelling.............................................. .................................................... ................. 2 1.10 Eligible Mortgagee.................................................... ............................................... 2 1.11 Flexible Common Interest Community.................................................................... 2 1.12 Governing Document ........... ... ........................................................... ...................... 3 1.13 Limited Common Element .......................................................................................3 1.14 Member......................................................................................... ....................... ..... 3 1.15 Occupant........ ........................................................................................................... 3 1.16 Owner....................................................................................................................... 3 . 1.17 Party Wall................................................................................................................. 3 1.18 Period of Declarant Control...................................................................................... 3 1.19 Person....................................................................................................... ................ 3 1.20 Planned Community ....................................... .......................................................... 3 1.21 Plat or crc Plat........ ................................................................................................. 3 1.22 Property.................................................................................................................... 3 1.23 Residential Use................................................................. .............. .......................... 3 1.24 Rules and Regulations .............................................................................................. 4 1.25 Special Declarant Rights ........................................................................................... 4 1.26 Unit........ ............................................. ...................................................................... 4 SECTION 2 DESCRIPTION OF UNITS AND APPURTENANCES ...................................... 4 2.1 Units...... .... ............................................................................................ .................... 4 2.2 Unit Boundaries............................................................................................... ......... 4 2.3 Access Easements..................................................................................................... 4 2.4 Use and Enjo)'lllent Easements.................................................................................4 2.5 Utility and Maintenance Easements ......................................................................... 4 2.6 Encroachment Easements. .................................... ............... ..................................... 4 2.7 Declarant's Easements......... ............................ ......................................................... 5 2.8 Recorded Easements................................................................................................. 5 2.9 Easements Are Appurtenant..................................................................................... 5 2.10 Impairment Prohibited...................................................................... ........................ 5 , SECTION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS................. 5 3.1 Common Elements ................................................................................................... 5 3.2 Limited Common Elements......................................................................................5 SECTION 4 ASSOCIATION MEMBERSffiP: RIGHTS AND OBLIGATIONS.................. 6 4.1 Membership .............................................. ................................................................ 6 4.2 Voting and Common Expenses ................................................................................ 6 4.3 Appurtenant Rights and Obligations ........................................................................ 6 4.4 Authority to V ote ...................................................................................................... 6 SECTION 5 ADMINISTRATION ...............................................................................................6 5.1 General...... ....... ................................... ...... ... .... ........ ........... ...... ..... ........... ......... ....... 6 5.2 Operational Purposes.......................... ..................... .................................. ............... 7 5.3 Binding Effect of Actions......................................................................................... 7 5.4 Bylaws ...................................................................................................................... 7 5.5 Management.. ............................................... ........... ........... ............................... ....... 7 5.6 Rules and Regulations ..............................................................................................7 5.7 Association Assets: Surplus Funds........................................................................... 7 SECTION 6 ASSESSMENTS FOR COMMON EXPENSES ................................................... 8 6.1 General........ .............. ............................................ .................................. .................. 8 6.2 Annual Assessments ................................................................................................. 9 6.3 Special Assessments........................................ ..................... .................................... 9 6.4 Liability of Owners for Assessments........................................................................9 6.5 Declarant's Alternative Assessment Program ........................................................ 10 6.6 Maximum General Annual Assessment ................................................................. lO 6.7 Assessment Lien.............. ............................................ ......................... ......... ......... 10 6.8 Foreclosure of Lien; Remedies............................................................................... 11 6.9 Reserves; Surplus Funds......................................................................................... 11 6.10 Lien Priority, Foreclosure: ...................................................................................... 11 6.11 Voluntary Conveyances; Statement of Assessments.............................................. 11 SECTION 7 RESTRICTIONS ON USE OF PROPERTY ...................................................... 11 , 7.1 General. ................. .................. ..................... ............ ........ .......... .................. ........... 12 7.2 Residential Use..... ..................................... .............. ...... ............ ............................. 12 7.3 Business Use Restricted.......................................................................... ........... ..... 12 7.4 Parking,................................................................ ............................................. ..... 12 7.5 Leasing/R.entals ......... ....... ................ ............... ....................................................... 12 7.6 Animals. ............ .......... ..... ............ ..................... ...................................................... 12 7.7 Quiet Enjoyment; Interference Prohibited.............................................................. 12 7.8 Compliance with Law ......................................................... .................................... 12 I - . 7.9 Alterations.......................................................................... ...................................... 13 7.10 Time Shares Prohibited .......................................................................................... 13 7.11 Access to Units ....................................................................................................... 13 SECTION 8 ARCHITECTURAL CONTROL......................................................................... 13 8.1 Restrictions on Alterations .............. ....... ........................................................... ..... 13 8.2 Remedies for Violations .........................................................................................14 SECTION 9 MAINTENANCE ................................................................................................... 14 9.1 Maintenance by Association.... ............................................................................... 14 9.2 Optional Maintenance by Association.................................................................... 14 9.3 Maintenance by Owner................................................ ................. .......................... 15 9.4 DaIllage Caused by Owner ..................................................................................... 15 SECTION 10 RIGHTS GRANTED TO THE CITY OF ANDOVER.................................... 15 10.1 Purpose................................................................................................................... 15 10.2 Release of Liability................................. ................................................................ 15 10.3 Specific Rights Enforceable by The City of Andover............................................ 15 10.4 Right to Access ................................. ....... ............................................................... 15 10.5 Exclusive Rights and Right to Access .................................................................... 16 SECTION 11 PARTY WALLS ..................................................................................................16 11.1 General Rules of Law to Apply.............................................................................. 16 11.2 Repair and Maintenance ......................................................................................... 16 11.3 Destruction by Fire or Other Casualty.................................................................... 16 11.4 Right to Contribution Runs with Land ................................................................... 16 11.5 Arbitration ........................... .... .......................................................... ..................... 17 SECTION 12 INSURANCE........................................................................................................ 17 12.1 Required Coverage ................................................................................................. 17 12.2 Premiwns, Improvements, Deductibles .................................................................. 18 12.3 Loss Payee; Insurance Trustee ...............................................................................18 12.4 Waivers of Subrogation ........................................................... ............................... 18 12.5 Cancellation; Notice of Loss ..................................................................................18 12.6 Restoration in Lieu of Cash SettIement.................................................................. 19 12.7 No Contribution........ ............................................................. ................................. 19 12.8 Effect of Acts Not Within Association's ControL................................................. 19 12.9 Owner's Personal Insurance ................................................................................... 19 , SECTION 13 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN .....19 13.1 Reconstruction............. .......... ........ .................................................................... ..... 19 13.2 Condemnation and Eminent Domain ..................................................................... 19 13.3 Notice........ ....... ...... .............................. ... ....... .......... ................ ....... ... ......... ............ 20 SECTION 14 EASEl\1ENTS ................................................................. ...................................... 20 14.1 Easement for Encroachments ................................................................................. 20 14.2 Easement for Maintenance, Repair, Replacement and Reconstruction.................. 20 14.3 Utilities Easements......... ......... .................................... ................................. .......... 20 14.4 Continuation and Scope of Easements ................................................................... 20 SECTION 15 COMPLIANCE AND REl\1EDIES....................................................................21 15.1 Entitlement to Relief...... ................. ....................... ................. ................ ........... ..... 21 15.2 Sanctions and Remedies ................................................... .............. ........................21 15.3 Rights to Hearing.............................................. ........... .......................... ......... ........ 22 15.4 Lien for Charges, Penalties, Etc ............................................................................. 22 15.5 Costs of Proceeding and Attorneys' Fees............................................................... 23 15.6 Liability for Owners' and Occupants' Acts............................................................ 23 15.7 Enforcement by Owners .........................................................................................23 SECTION 16 SPECIAL DECLARANT RIGHTS ................................................................... 23 16.1 Complete Improvements.........................................................................................23 16.2 Add Additional Real Estate ....................................................................................23 16.3 Relocate Boundaries and Alter Units ..................................................................... 23 16.4 Sales Facilities............................... ............. ........................ ............................ ........ 23 16.5 Signs................. ................................................................................. ..................... 23 16.6 Easements ............................................................................................................... 24 16.7 Control of Association.................................................... ........................................ 24 16.8 Consent to Certain Amendments............................................................................ 24 SECTION 17 RIGHTS TO ADD ADDITIONAL REAL ESTATE, RELOCATE ............... 24 UNIT BOUNDARIES AND ALTER UNITS 17.1 Declarant's Rights to Add Additional Real Estate ................................................. 24 SECTION 18 AMENDl\1ENTS ..................................................................................................25 . SECTION 19 RIGHTS OF ELIGIBLE MORTGAGEES....................................................... 26 19.1 Consent to Certain Amendments............................................................................26 . 19.2 Consent to Certain Actions.....................................................................................26 19.3 No Right of First Refusal........................................................................................ 26 19.4 Priority of Lien ............. .................. ........................................................ ................ 26 19.5 Priority of Taxes and Other Charges ...................................................................... 27 19.6 Priority for Condominiwn Awards.........................................................................27 19.7 Requirements Management Agreements ............................................. ...................27 19.8 Access to Books and Records/Audit ...................................................................... 27 19.9 Notice Requirements.................................... ........................................ .................. 27 SECTION 20 MISCELLANEOUS ............................................................................................28 20.1 Severability................................................................. ............................................ 28 20.2 Construction. ..... ........ ......... ......................... .............. ........... ................ ................... 28 20.3 Tender of Claims.................................................... ................................................ 28 20.4 Notices................................................................................................ .................... 28 20.5 Conflicts Among Docwnents .................................................................................28 EXHIBIT A LEGAL DESCRIPTION.......................................................................................30 EXHIBIT B COMMON ELEMENTS ....................................................................................... 31 EXHIBIT C "ADDITIONAL REAL ESTATE......................................................................... 32 EXHIBIT D PLAT ....................................................................................................................... 33 , . , . I COMMON INTEREST COMMUNITY NUMBER 96 Planned Community NATURE'S RUN TOWNHOME ASSOCIATION DECLARATION This Declaration is made in the County of Anoka, State of Minnesota, on this _ day of ,2001, by Avalon Homes, Inc., a Minnesota corporation (the "Declarant"), pursuant to the provisions of Minnesota Statutes, Chapter 515B, which is commonly known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of creating Nature's Run, a planned community. WHEREAS, Declarant is the owner of certain real property located in Anoka County, Minnesota, legally described in Exhibit A attached hereto and Declarant desires to submit said real property and all improvements thereon (collectively the "Property") to the Act, as the same may be amended from time to time, and, WHEREAS, Declarant also owns the real property legally described in Exhibit C attached hereto (the "Additional Real Estate"), and has the option to add all or a part of the Additional Real Estate to the Property, and WHEREAS, Declarant desires to establish on the Property, and any Additional Real Estate added thereto, a plan for a permanent residential community to be owned, occupied and operated for the use, health, safety and welfare of its resident Owners and Occupants, and for the purpose of preserving the value, the structural quality, and the original architectural and aesthetic character of the Property, and WHEREAS, the Property is not subject to an ordinance referred to in 9 515B. 1- 106 of the Act, governing conversions to common interest ownership, and is not subject to a master association as defined in the Act. NOW THEREFORE, Declarant makes this Declaration and submits the Property to the Act as a planned community under the name "Nature's Run Townhome Association," initially consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that the Property, and all Additional Real Estate added thereto, shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings unless the context indicates otherwise: I I 1. "Additional ~eal Es~als:" shall mean the real property legally described in Exhibit C, including all improvements located, thereon now or in the future, and all casements and rights appurtenant thereto, which property Declarant has the right to add to this flexible common interest community. 1.2 "Association" shan mean the Nature's Run Townhome Association, a nonprofit corporation wmchhas been created pursuant to Chapter 317A of the laws of the State of Minnesota and Minnesota Statues, Chapter 5159, whose members consist of aU Owners as defined herein. 1.3 "Board" shall mean the Board of Directors of the Association as provided for in the Bylaws. 1.4 'ifJvlaws" shall mean the Bylaws governing the operation of the Association as amended from time to time. 1.5 "Common Elements" shall mean all parts oithe Property except the Units, including all improvements thereon, owned by the Association for the common benefit of the Owners and Occupants. The Common Elements are legally described in Exhibit B attached hereto. 1.6 "Common Exnenses" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operationl including without limitation allocations to reserves and those items specifically identified as Common Expenses in the Declaration or Bylaws. 1.7 "Common Expense Lia.bility" means the liability for Common Expenses allocated to each unit pursuant to 9 515B.2-108 of the Act. 1.8 "Declarant" means Avalon Homes, Inc., a Minnesota corporation. 1.9 "Dwelling shall mean a part of n building consisting of one or more floors, designed and intended for occupancy as a single family residence, and located within the boundaries of a Unit. The Dwelling includes any garage attached thereto or otherwise included within the boundaries of the Unit in which the Dwelling is located. 1.10 ''ElicibleMortgage'' shall mean any Person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.11 "Flexible Common Interest Community" shall mean a common interest commw1ity to which additional real estate may be added. 2 -- , 1.12 "Governing Document" shall mean this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time, all of which shall govern the use and operation of the Property. 1.13 "Limited Common Element" shall mean a portion of the Common Elements allocated by this Declaration or by operation of S5l5B.2-102(d) or (f) of the Act for the exclusive use of one or more but fewer than all of the Units. 1.14 "Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.15 "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. 1.16 "Owner" shall mean a Person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties within the meaning of S 5l5B. 1-103(30) of the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.17 "Partv Wall" shall mean the shared wall between two Dwellings. 1.18 "Period of Declarant Control" means the time period provided for in S515B.3- 103(c) of the Act during which the Declarant may appoint and remove officers and directors of the Association. 1.19 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, under a trust, personal representative, guardian, conservator or other legal entity capable of holding title to real property. 1.20 "Planned Communitv" shall mean a common interest community that is not a condominium or a cooperative. 1.21 "Plat or CIC Plat" shall mean the recorded plat depicting the Property pursuant to the requirements of S5l5B.2-lI0 of the Act, and satisfying the requirements of Minnesota S505, 508 or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act (see Exhibit D attached hereto and made a part hereof.) 1.22 "Propertv" shall mean all of the real property submitted to this Declaration, including the Dwellings and all other structures and improvements located thereon now or in the future. The Property as of the date of this Declaration is legally described in Exhibit A attached hereto. 1.23 "Residential Use" means use as a dwelling, whether primary, secondary or seasonal, but not transient use such as hotels or motels. 3 . 1.24 "Rules and Regulations" shall mean the Rules and Regulations ofthe Association as approved from time to time pursuant to Section 5.6. 1.25 "Special Declarant Rights" means rights reserved in this Declaration for the benefit of Declarant, Avalon Homes, Inc. to add Additional Real Estate to this Common Interest Community and to any and all other rights defined in ~515B. 1-1 03(32). 1.26 "Unit" shall mean any platted lot subject to this Declaration upon which a Dwelling is located or intended to be located, as shown on the Plat, including all improvements thereon, but excluding the Common Elements.. Any terms used in the Governing Documents, and defined in the Act and not in this Section shall have the meaning set forth in the Act and not in this Section. SECTION 2 DESCRIPTION OF UNITS AND APURTENANCES 2.1 Units. There are 54 Units, all of which are restricted exclusively to residential use. Each Unit constitutes a separate parcel of real estate. No additional Units may be created by the subdivision or conversion of Units pursuant to ~515B.2-112 of the Act. The Unit identifiers and locations of the Units are shown on the Plat, which is incorporated herein by reference, and a schedule of Units is set forth on Exhibit A. The Unit identifier for a Unit shall be its lot and block numbers and the subdivision name. 2.2 Unit Boundaries. The front, rear and side boundaries of each Unit shall be the boundary lines of the platted lot upon which the Dwelling is located or intended to be located as shown on the Plat. The Units shall have no upper or lower boundaries. Subject to this Section 2 and Section 3.2, all spaces, walls and other improvements within the boundaries ofa Unit are a part of the Unit. 2.3 Access Easements. Each Unit shall be the beneficiary of an appurtenant easement for access to a public street or highway on, over, under or across the Common Elements as shown on the Plat, subject to any restrictions set forth in the Declaration. 2.4 Use and Eniovment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. 2.5 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance repair and replacement as described in Section 14. 2.6 Encroachment Easements. Each Unit shall be subject to and shall be the beneficiary of the appurtenant easements for encroachments as described in Section 14. 4 . 2.7 Declarant's Easements. Shall have and be the beneficiary of easements for construction and sales activities as described in Section 16.6. . 2.8 Recorded Easements. The Property shall be subj ect to such other easements as may be recorded against it or otherwise shown on the Plat. 2.9 Easements are Appurtenant. All easements and similar rights burdening or benefiting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the Act of the terms of the easement. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.10 Impairment Prohibited. No person shall materially restrict or impair any easement benefiting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. SECTION 3 COMMON ELEMENTS AND LIMITED COMMON ELEMENTS 3.1 Common Elements. The Common Elements and their characteristic are as follows: a. All of the Property not included within the Units constitutes Common Elements. The Common Elements include those parts of the Property described in Exhibit B or designated as Common Elements on the Plat or in the Act. The Common Elements are owned by the Association for the benefit of the Owners and Occupants. b. The Common Elements shall be subject to certain easements as described in Section 2, and to the rights of Owners and Occupants in Limited Common Elements appurtenant to their Units. c. Subject to Sections 5, 6 and 9, all maintenance, repair, replacement, management and operation of the Common Elements shall be the responsibility of the Association. d. Common Expenses for the maintenance, repair, replacement, management and operation of the Common Elements shall be assessed and collected from the Owners in accordance with Section 6. 3.2 Limited Common Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use ofthe Owners and Occupants of the Units to which they are allocated, and the rights to the use and enjo)111ent thereof are automatically conveyed with the conveyance of such Units. The Limited Common Elements are described and allocated to the Units as follows: 5 . a. Improvements such as decks, patios, and porches, constructed as part of the original construction to serve a single Unit, and authorized replacements and modifications thereof, iflocated outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. SECTION 4 ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS Membership in the Association, and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.1 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and the membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Unit shall not increase the voting right allocated to such Unit nor authorize the division of the voting rights. 4.2 Voting and Common Expenses. Voting rights and Common Expense obligations are allocated equally among the Units; except that special allocations of Common Expenses shall be permitted as provided in Section 6. 1. 4.3 Appurtenant Rights and Obligations. The ownership of a Unit shall include the voting rights and Common Expense obligations described in Section 4.2. Said rights, obligations and interests, and the title to the Units, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed, except in accordance with the Governing Documents and the Act. 4.4 Authoritv to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit at meetings of the Association; provided, that if there are multiple Owners of a Unit, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in Article VI of the Articles of Incorporation. SECTION 5 ADMINISTRATION The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.1 General. The operation and administration of the Association and the Property shall be governed by the Governing Documents, the Rules and Regulations, and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for the operation, management and control of the Property. The 6 -- , Association shall have all powers described in the Governing Documents and the Act. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 5.2 Operational Purooses. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges and liens set forth in the Governing Documents and the Rules and Regulations; (ii) maintaining, repairing and replacing those portions ofthe Property for which it is responsible; and (iii) preserving the value and architectural unifonnity and character of the Property. 5.3 Binding Effect of Actions. All agreements and detenninations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, guests, agents, licensees, heirs, personal representatives, successors and assigns, and all secured parties as defined in the Act. 5.4 Bvlaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. 5.5 Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not relieve the officers and directors of the ultimate responsibility for the perfonnance of their duties as prescribed by the Governing Documents and by law. 5.6 Rules and Regulations. The Board shall have exclusive authority to approve and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules and Regulations shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts ofthe Governing Documents of authority to approve Rules and Regulations shall be deemed to be furtherance, and not in limitation, of the authority granted by this Section. New or amended Rules and Regulations shall be effective only after reasonable notice thereof has been given to the Owners. 5.7 Association Assets: Surolus Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governing Documents. Surplus funds remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, as detennined by the Board. 7 , SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1 General. Assessments for Common Expenses shall be determined and assessed against the Units by the Board, in its discretion; subject to the limitations set forth in Sections 6.2 and 6.3, and the requirements of the Bylaws. Assessments for Common Expenses shall include annual assessments and may include special assessments. Assessments shall be allocated among the Units according to the Common Expense allocations set forth in Section 4.2, subject to the following qualifications: a. Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. b. Any Common Expense or portion thereof benefiting fewer than all ofthe Units may be assessed exclusively against the Units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. c. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Actual attorneys fees and other costs incurred by the Association in connection with the collection of assessments and (ii) the enforcement of the Governing Documents, the Act, or the Rules and Regulations, against an Owner or Occupant or their guests, maybe assessed against the Owner's Unit. e. Fees, charges, late charges, fines and interest may b'e assessed as provided in Section 15. f. Assessments levied under ~515B.3-116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Common Expense liabilities. g. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner, Occupant, or their guests, lessees, agents or licensees, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance maintained by the Association. h. If any installment of an assessment becomes more than 30 days past due, then the Association may, upon 10 days written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full. g -- . 1. If Common Expense Liabilities are reallocated for any purpose authorized by the Act, assessments for Common Expenses and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense Liabilities. J. Assessments under Subsections 6.1 ( a through i) shall not be considered special assessments as described in Section 6.3. 6.2 Annual Assessments. Annual assessments shall be established and levied by the Board, subject only to the limitations set forth in Sections 6.2 and 6.3, and the Board shall detennine when said annual assessments shall be due and payable. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties; for the improvement and maintenance of the Common Elements and the homes situated upon the Properties. a. Until a Common Expense assessment is levied, Declarant shall pay all accrued expenses of the common interest community. b. After a Common Expense assessment is levied, the annual assessment may be subsequently increased by the Board, subject to Section 6.2(c). c. Until the tennination of the period of Declarant control described in Section 16.7, the increase in the annual assessment for any year shall not exceed $ per month unless such increase is approved by the vote of a majority of those Owners voting, in person or by proxy, at a meeting called for that purpose. Written notice of the meeting shall be sent to all Owners not less than 21 days, nor more than 30 days in advance of the meeting. 6.3 Special Assessments. ill addition to annual assessments, and subject to the limitations set forth hereafter, the Board may levy in any assessment year a special assessment against all Units for the purpose of defraying in whole or in part (i) the cost of any foreseen or unbudgeted Common Expenses, (ii) general or specific reserves for maintenance, repair or replacement, and (iii) the maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. Notwithstanding the foregoing, any special assessment shall be subject to approval by the vote of a maority of those Owners voting, in person or by proxy, at a meeting called and noticed for that purpose. Written notice of the meeting clearly stating the purpose ofthe meeting shall be sent to all Owners not less than 21 days nor more than 30 days in advance of the meeting. 6.4 Liabililv of Owners for Assessments. The obligation of an Owner to pay assessments shall commence at the later of (i) the time at which the Owner acquires title to the Unit, or (ii) the due date of the first assessment levied by the Board, subject to the alternative assessment program described in Section 6.5. The Owner at the time an assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his or her share of Common Expenses by right of set-off, by waiver of 9 use or enjoyment of any part of the Property, or the Common Elements, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 15, in addition to any remedies provided elsewhere in the Governing Documents, the Rules and Regulations, or by law, for the purpose of enforcing its rights hereunder. 6.5 Declarant's Alternative Assessment Program. The following alternative assessment program is established pursuant to g515B.3-115(a)(2) and (b) of the Act. Notwithstanding anything to the contrary in this Section 6, if a Common Expense assessment has been levied, any Unit owned by Declarant for initial sale shall be assessed at the rate of25 percent of the assessment levied on other Units of the same type until a certificate of occupancy has been issued with respect to the Declarant's Unit by the municipality in which the Unit is located. This reduced assessment shall apply to each Unit owned by Declarant at the time that the Unit is created, and shall continue with respect to the Unit until the certificate of occupancy is issued for that Unit. There shall be no assessment due or payable on any unit until construction is complete. There are no assurances that this alternative assessment program will have no effect on the level of services for items set forth in the Association's budget. 6.6 Maximum General Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Unit to an Owner, the maximum general annual assessment shall be per Unit. From January 1 until December 31 of the year immediately following the conveyance of the first Unit to an Owner other than Declarant or an affiliate of Declarant, the maximum general annual assessment may be increased by not more than Thereafter, the maximum general annual assessment shall be based on actual expenditures/expenses paid or incurred by the Association and may be increased as reasonably determined by the Board of Directors to an amount sufficient to pay the actual costs and expenses incurred by the Association plus a reasonable reserve amount. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum, and the Board of Directors may modify the annual assessment upward or downward from time to time, but in no event upward beyond the maximum pennitted by this Section. Written notice of any modification of the general annual assessment shall be sent to every Owner subject thereto. The general annual assessment shall be payable to the Association in monthly installments. 6.7 Assessment Lien. The Association has a lien on a Unit for any assessment levied against the Unit from the time the assessment becomes due and payable. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment thereof becomes due and payable. Fees, charges, late charges, fine and interest charges imposed by the Association pursuant to g515B.3-102(a)(10), (11) and (12) of the Act are liens, and are enforceable as assessments, under this Section. Recording of the Declaration constitutes record notice and perfection of any lien under this Section, and no further recordation of any notice of or claim for the lien is required. 10 -- . 6.8 Foreclosure of Lien: Remedies. A lien for Common Expenses may be foreclosed against a Unit under the laws of the State of Minnesota (i) by action, or (ii) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against the Owner who fails to pay any assessment or charge against the Unit. 6.9 Reserves: Surolus Funds. The annual budget ofthe Association shall provide from year to year, on a cumulative basis, for adequate reserve funds to cover the replacement of those parts of the Common Elements and Limited Common Elements which the Association is obligated to maintain, repair or replace. Surplus funds that the Association has remaining after payment of or provisions for Common Expenses and reserves shall be (i) credited to the Unit Owners to reduce their future Common Expense assessments; or (ii) credited to reserves, or any combination thereof, as determined by the Board. 6.10 Lien Priority: Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrance recorded before the Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other goverm-nental assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on a Unit is foreclosed; and (ii) the first mortgage was recorded on or after June I, 1994; and (iii) no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for Common Expenses levied pursuant to ~~515B.3-115(a); 515B.3-115(e) (1 through 5); 515B.3-115(f); and 515B.3-115(i) of the Act which became due, without acceleration, during the six months immediately preceding the first day following the end ofthe Owner's period of redemption. 6.11 V oluntarv Conveyances: Statement of Assessments. ill a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of convey<:uce to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the 11 , occupancy use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.1 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan for the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their lessees, heirs, personal representatives, successors or assigns. 7.2 Residential Use. The Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, commercial, business or other non-residential purposes. 7.3 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or the Common Elements; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or her business or professional records in such Unit and handle matters relating to such business by telephone, Intemet or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration ofthe Unit and do not involve any observable business activity such as signs, advertising displays, bulk mailings, deliveries, or visitation or use of the Unit by customers or employees and (ii) the Association may maintain offices on the Property for management and related purposes. 7.4 Parking. Garages and parking areas on the Property shall be used only for parking of vehicles owned or leased by Owners and Occupants and their guest. The use of garages, driveways and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. 7.5 Leasing/Rentals. Leasing or renting of Units is not allowed. . 7.6 Animals. No animal may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, by Rules and Regulations, the keeping of animals on the Property. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. 7.7 Ouiet Enjovment. Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units, and shall use the Property in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.8 Compliance with Law. No use shall be made ofthe Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use 12 . be permitted which could cause any unusual liability, health or safety risk, or expense, for the Association or any Owner or Occupant. 7.9 Alterations. Except for those made by Declarant in consideration of its initial sale of a Unit, no alterations, changes, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise (collectively referred to as "alterations") shall be made, or caused or allowed to be made, by any Owner, Occupant, or lessee or their guests, in any part of the Common Elements, or in any part of the Unit which affects the Common Elements or another Unit or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by the Board, as provided in Section 8. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for alterations, and shall be the sole judge of whether the criteria are satisfied. 7.10 Time Shares Prohibited. The time form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.11 Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for enforcement purposes under Section 15. SECTION 8 ARCHITECTURAL CONTROL 8.1 Restrictions on Alterations. The following restrictions and requirements shall apply to alterations on the Property: a. Except as expressly provided in this Section 8, and except for alterations made by Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of any Dwelling or any other part of a Unit which is visible from the exterior of the Unit (collectively referred to as "alterations"), shall be commenced, erected or maintained in a Unit, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the alterations shall have been approved in writing by the Board of Directors or a committee appointed by it. Notwithstanding the foregoing, Declarant's written consent shall also be required for alterations until Declarant no longer owns any unsold Unit. b. The criteria for approval shall include and require, at a minimum, (i) substantial uniformity of color, size, location, type and design in relation to existing improvements and topography, (ii) comparable or better quality of materials as used in existing improvements, (iii) ease of maintenance and repair, (iv) adequate 13 . protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed alterations, and (v) compliance with govemmenta11aws, codes and regulations. c. Alterations described in Section 17 shall be governed by that Section. 8.2 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a lien against the Owner's Unit and a personal obligation of the Owner. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any alterations were made in violation of this Section, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit. a. Detailed plans, specifications and related information regarding any proposed exterior alteration or addition, in form and content acceptable to the Board of Directors, shall be submitted to the Board of Directors at least sixty (60) days prior to the projected commencement of construction. No alterations or additions shall be commenced prior to approval. b. The Board of Directors shall give the Owner written notice of approval or disapproval on or before the next regularly scheduled board meeting. c. If no request for approval is submitted, approval is denied. SECTION 9 MAINTENANCE 9.1 Maintenance bv Association. The Association shall provide for all maintenance, repair or replacement (collectively referred to as "maintenance") of the Common Elements. In addition, for the purpose of preserving the architectural character, quality, and uniform and high standards for appearance of the Property, the Association shall (i) provide for exterior maintenance upon the Dwelling in each Unit that is subject to assessment as follows: paint, replace roofs, gutters, down spouts, garage doors (except hardware), driveways, and exterior siding and other building surfaces, and (ii) provide for lawn, shrub and tree maintenance on all Units, exceot for watering. The Association's obligation shall exclude patios, entry doors, door hardware, air conditioning and heating equipment, glass and window frames, foundations and foundation walls, structural members and other items not specifically referred to in this Section, unless otherwise approved under Section 9.2. The Association shall have easements as described in Section 14 to perform its obligations under this Section 9. 9.2 Ootiona1 Maintenance bv Association. In addition to the maintenance described in this Section the Association may, with approval of a majority of votes cast in person or by proxy at a meeting called for such purposes, undertake to provide additional exterior maintenance to the Units or Dwellings. 14 -- . . 9.3 Maintenance bv Owner. Except for exterior maintenance required to be provided by the Association under Section 9.1 or 9.2, all maintenance of the Dwellings and Units shall be the sole responsibility and expense ofthe Owners thereof. However, the Owners and Occupants shall have a duty to promptly notify the Association of defects in or damage to those parts of the Property that the Association is obligated to maintain. The Association may require that any exterior maintenance to be performed by the Owner be accomplished pursuant to specific uniform criteria established by the Association. The Association may also undertake any exterior maintenance which the responsible Owner fails to or improperly performs and assess the Unit and the Owner for the cost thereof. 9.4 Damage Caused bv Owner. Notwithstanding any provision to the contrary in this Section, if, in the judgment of the Association, the need for maintenance of any part of the Property is caused by the willful or negligent act or omission of an Owner or Occupant, or their guests, or by a condition in a Unit which the Owner or Occupant has willfully or negligently allowed to exist, the Association may cause such damage or condition to be repaired or corrected (and enter upon any Unit to do so), and the cost thereof may be assessed against the Unit of the Owner responsible for the damage. ill the case of party walls between Dwellings, the Owners of the affected Dwellings shall be liable as provided in Section 11. SECTION 10 RIGHTS GRANTED TO THE CITY OF ANDOVER 10.1 Puroose. The City of Andover has executed various agreements with and secured certain covenants from the Declarant and has a continuing interest in the performance of those agreements and covenants. Further, the City of Andover is concerned that all conditions requested by the City of Andover are complied with and that the Property is developed and maintained in accordance with the plan contemplated by this Declaration. 10.2 Release ofLiabilitv. 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 hannless 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. 10.3 Specific Rights Enforceable bv The City of Andover. The City of Andover, at its option and in its sole discretion, may enforce for the benefit of itself the specific provisions of Section 7,8,9 and 14 of this Declaration. 10.4 Right to Access. ill addition to the right of enforcement stated in this Section, the City of Andover shall have the right of access over the other Common Elements for purpose of law enforcement and fire protection and for repair and maintenance of public utilities. 15 . . 10.5 Exclusive Rights and Right to Access. The rights granted by this Section are exclusive to the City of Andover and may be exercised only by the City, in its sole discretion. No other person or entity, including the Association, the Declarant or Unit Owners, whether or not a resident of Andover, shall be entitled to request or require the City to act pursuant to this Section. The right of the City of Andover under this Section cannot be rescinded, canceled or amended by the Declarant or the Unit Owners without the written consent of the City. In the event the Association fails to maintain the common areas or other properties for which it is responsible in accordance with the applicable Rules and Regulations, and said expenses are not immediately reimbursed by the Association, then the City of Andover shall have the right to assess each property that is subject to the Declarations its prorata share of said expenses. Said assessments together with interest thereon and costs of collection shall be a lien on each property against which each such assessment is made. SECTION 11 PARTY WALLS 111 General Rules of Law to Apply. Each Dwelling wall built as part of the original construction of the Dwelling and located on the boundary line between Units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligent or willful acts or omissions shall apply thereto. 11.2 Repair and Maintenance. The Owners of the Units which share the party wall shall be equally responsible for the maintenance repair and replacement of the party wall; provided (i) that any maintenance, repair or replacement necessary due to the acts or omissions of a certain Owner or Occupant sharing such party wall shall be paid for by such Owner; and (ii) that the Association may contract for and supervise the repair of damage caused by an Owner or Occupant and assess the Owners for their respective shares of the cost to the extent not covered by insurance. 11.3 Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has use ofthe wall may, with the consent of the Association, restore it, and the other Owner shall promptly reimburse the Owner who restored the wall for his or her share of the cost of restoration thereof, provided, however, that the cost of restoration resulting from destruction or other casualty resulting from the acts or omissions of certain Owners shall be the [mancial responsibility of such Owners, and the Association may certain Owners shall be the financial responsibility of such Owners, and the Association may assess the responsible Owners for their share of the costs, without prejudice to the right of an Owner to recover a larger contribution from the other Owner. Insurance claims shall be made promptly following any casualty. 11.4 Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the Unit and shall pass to such Owner's assign and successors in title. 16 11.5 Arbitration. In the event of any dispute arising conceming a party wall, and if the same is not resolved within thirty (30) days of the event causing the dispute, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association, upon the written demand of the Association or any Owner whose Dwelling shares the party wall. Eachparty agrees that the decision of the arbitrators shall be final and conclusive of the questions involved. The fees of the arbitrators shall be shared equally by the parties, but each party shall pay its own attorney fees or other costs to prove its case. SECTION 12 INSURANCE 12.1 Required Coverage. The Association shall obtain and maintain, at a minimum, a master policy or policies of insurance in accordance with the insurance requirements set forth in the Act and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: a. Property insurance in broad covering all risks of physical loss in an amount equal to one hundred percent (100%) of the insurable "replacement cost" of the Property, less deductibles, exclusive ofland, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery). The policy or policies shall cover personal property owned by the Association. The policy or policies shall also contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the FHA or Federal National Mortgage Association ("FNMA") as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a mortgagee, insurer or servicer including without limitation the FHA or FNMA, obligating the Association to keep certain specified coverages or endorsements in effect. b. Comprehensive public liability insurance covering the use, operation and maintenance of the Common Elements, with minimum limits of$l,OOO,OOO per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations ofthe FHA or FNMA as a precondition to their insuring, purchasing or fmancing a mortgage on a Unit. c. Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, manager, trustees, employees or persons responsible for handling funds 17 belonging to or administered by the Association if deemed to be advisable by the Board or required by the regulations of the FHA or FNMA as a precondition to the purchase or refinancing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured and shall, if required by the regulations of the FHA or FNMA as a precondition to their insuring, purchasing or financing of a mortgage on a Unit, be written in an amount equal to the greater of (i) the estimated maximum of Association funds, including reserves, in the custody of the Association or management agent at any given time while the bond is in force, or (ii) a sum equal to three months aggregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. d. Workers' Compensation insurance as required by law. e. Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. r. Such other insurance as the Board may determine from time to time to be in the best interests ofthe Association and the Owners. 12.2 Premiums. Improvements. Deductibles. All insurance premiums shall be assessed and paid as a Common Expense. The insurance need not cover improvements and betterments to the Units installed by Owners, but if improvements and betterments are covered, any increased cost may be assessed against the Units affected. The Association may, in the case of a claim for damage to a Unit, (i) pay the deductible amount as a Common Expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners ofthe Units affected to pay the deductible amount directly. 12.3 Loss Payee: Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including Eligible Mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association. 12.4 Waivers of Subrogation. All policies of insurance shall contain waivers of subrogation by the insurer against the Association, or an Owner, members of the Owner's household, officers or directors, as applicable, and, if available, waivers of any defense based on co-insurance or of invalidity from any acts of the insured. 12.5 Cancellation: Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least 30 days prior 18 . written notice to the Association, to the FHA or FNMA (if applicable), all of the insured and all Eligible Mortgagees. 12.6 Restoration in Lieu of Cash Settlement. All policies of property insurance maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any Insurance Trustee) or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. 12.7 No Contribution. All policies ofinsurance maintained by the Association shall be the primary insurance where there is other insurance in the name of the Owner covering the same property, and may not be brought into contribution with any insurance purchased by Owners or their Eligible Mortgagees. 12.8 Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. 12.9 Owner's Personal Insurance. Each Owner must obtain additional personal insurance coverage at his or her own expense covering fire and other casualty to the Unit, personal property or personal liability. All insurance policies maintained by Owners shall provide that they are without contribution as against the insurance purchased by the Association. SECTION 13 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 13.1 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. The Association shall have all authority necessary to cause the Property to be reconstructed, including without limitation the authority (i) to require the Owners to enter into reconstruction contracts on their respective Units, or (ii) to contract for the reconstruction of the Units on behalf of the Owners. Notice of substantial damage or destruction shall be given pursuant to Section 19.9. 13.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, that notice shall be given pursuant to Section 19.9. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Act and the Governing Documents, as their interests may appear. 19 . 13.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction ofthe Property, and the Association shall give written notice thereofto a Eligible Mortgagee pursuant to Section 19.9. SECTION 14 EASEMENTS 14.1 Easement for Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for fireplaces, walls, roof overhangs, air conditioning systems, decks, balconies, porches, patios, utility installations and other appurtenances (i) which are part of the original construction of the adjoining Unit or the Property or (ii) which are added pursuant to Section 8. If there is an encroachment by a Dwelling, or other building or improvement located in a Unit, upon another Unit or Dwelling as a result of the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Dwelling, building or improvement, and for the maintenance thereof, shall exist; provided that with respect to improvements or alterations added pursuant to Section 8, no easement shall exist unless the same have been approved, and the proposed improvements constructed, as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability oftitle. 14.2 Easement for Maintenance. Repair. Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 14.3 Utilities Easements. The Property shall be subject to non-exclusive, appurtenant easements for all utilities, storm sewer, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor ofthe other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utility companies providing service to the Units for the installation and maintenance of utility metering devices. 14.4 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 20 . SECTION 15 COMPLIANCE AND REMEDIES Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules and Regulations, the decisions ofthe Association, and such amendments thereto as may be made from time to time. A failure to comply shall entitle the Association to the relief set forth in this Section, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 15.1 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules and Regulations, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, or take (or omit) other action in violation of the Governing Documents, the Rules and Regulations or the Act, as a measure to enforce such Owner's position, or for any other reason. 15.2 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners and Occupants and/or their guests, who violate the provisions of the Governing Documents, the Rules and Regulations or the Act: a. Commence legal action for damages or equitable relief in any court of competent jurisdiction. b. hnpose late charges of up to the greater of$20, or 15% of the amount due, for each past due assessment or installment thereof, and interest at up to the highest rate permitted by law. c. In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in full if all delinquent assessments, together with all costs of collection and late charges, are not paid in full prior to the effective date of the acceleration. Reasonable advance written notice ofthe effective date of the acceleration shall be given to the defaulting Owner. d. hnpose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules and Regulations of the Association. e. Suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that this limitation shall not apply to Limited Common Elements or deck, balcony, porch or patio easements, appurtenant to the Unit, and 21 . those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to 30 days thereafter, for each violation. f. Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. g. Enter any Unit or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Owners or Occupants, or their guests, or their safety or soundness of any Dwelling or other part ofthe Property or the property of the Owners or Occupants, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit or limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. h. Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Property is located. 15.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 15.2(d), (e), (f) or (g) ofthis Section, the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and, at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within thirty days of receipt of the hearing request by the Board, and with at least 10 days prior written notice to the offender. If the Owner fails to appear at the hearing then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within ten days following the hearing, ifnot delivered to the offender at the hearing. 15.4 Lien for Charges. Penalties. Etc. Any assessments, charges, fmes, penalties or interest imposed under this Section shall be a lien against the Unit of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The lien shall attach as of the date of imposition of the remedy, but shall not be fmal as to violations for which a hearing is held until the Board gives written notice following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the right to pursue any others. 22 . 15.5 Costs of Proceeding and Attornevs' Fees. With respect to any collection measures, or any measures or action, legal administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrator, the Association may assess the violator and his or her Unit with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owed to the Association. 15.6 Liabililv for Owners' and Occupants' Acts. An Owner shall be liable for the expense of any maintenance, repair or replacement of the Property rendered necessary by, such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to the extent that such expense is not covered by the proceeds ofinsurance carried by the Association or such Owner or Occupant. However, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the condition and against his or her Unit. 15.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and Regulations, and the Act as provided therein. SECTION 16 SPECIAL DECLARANT RIGHTS Declarant hereby reserves exclusive and unconditional authority to exercise the following Special Declarant rights within the meaning of 9 515B. 1-103 (32) of the Act for as long as it owns a Unit, or for such shorter period as may be specifically indicated: 16.1 Complete Improvements. To complete all the Units and other improvements indicated on the Plat, or otherwise included in Declarant's development plans or allowed by the Declaration, and/or by 9515B.2-110 of the Act, and to make alterations in the Units and Common Elements to accommodate its sales facilities. 16.2 Add Additional Real Estate. To add Additional Real Estate to the Property as described in Section 17. 16.3 Relocate Boundaries and Alter Units. To relocate boundaries between Units and to, otherwise alter Units owned by it, to the extent permitted by Section 17. 16.4 Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within the Common Elements and any Units owned by Declarant from time to time, located anywhere on the Property. 16.5 ~. To erect and maintain signs and other sales displays offering the Units for sale, in or on any Unit owned by Declarant and on the Common Elements. 23 . 16.6 Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Elements for the purpose or exercising its special Declarant rights. 16.7 Control of Association. To control the operation and administration of the Association, including without limitation, the power to appoint and remove the members of the Board pursuant to ~515B.3-1 03 of the Act, until 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 percent of the total number of Units authorized to be included in the Property, or (iii) the date five (5) years following the date of the first conveyance of a Unit to an Owner other than a Declarant. Notwithstanding the foregoing, not later than 60 days after conveyance of 50 percent of the total Units that are authorized to be included in the Property by Declarant to Owners other than Declarant or an affiliate of Declarant, a meeting of the Unit Owners shall be held at which not less than 33 1/3 percent of the Members of the Board shall be elected by Unit Owners other than a Declarant or an affiliate of Declarant. 16.8 Consent to Certain Amendments. As long as Declarant owns any unsold Unit for sale, Declarant's written consent shall be required for any amendment to the Governing Documents or Rules and Regulations which directly or indirectly affects or may affect Declarant's rights under the Governing Documents or the Act. SECTION 17 RIGHTS TO ADD ADDITIONAL REAL ESTATE, RELOCATE UNIT BOUNDARIES AND ALTER UNITS 17.1 Declarant's Rights to Add Additional Real Estate. Declarant hereby expressly reserves the right to add the Additional Real Estate to the Property, by unilateral action under ~515B.2-111 of the Act, subject to the following conditions: a. The right of Declarant to add the Additional Real Estate to the common interest community shall terminate ten (10) years after the date of recording ofthis Declaration, or such right may terminate upon earlier express written withdrawal of such right by Declarant or a successor Declarant, unless extended by a vote ofthe Owners pursuant to ~515B.2-106(2) of the Act. There are no other limitations on Declarant's rights hereunder, except as may be imposed by law. b. The Additional Real Estate may be added to the Property in parcels consisting of one or more platted lots, or portions thereof. Declarant reserves the right to add further parcels. c. There are no assurances as to the times at which all or any part of the Additional Real Estate will be added to the Property, the order in which it will be added, the number of parcels per phase nor the size of the parcels. Declarant is under no obligation to add the Additional Real Estate to the Property, and the Additional Real 24 - - Estate may be developed by Declarant or its successors in interest for other purposes, subject only to approval by the appropriate govenn-nental authorities. d. The maximum number of Units that may be created within the Additional Real Estate described as such on the date of this Declaration is none. All Units created on the Additional Real Estate shall be restricted exclusively to residential use. e. Any Units, including Dwellings and other structures, created upon the Additional Real Estate, when and if added, shall be compatible with the other Dwellings, Structures and Units which are part of the Property in tenns of architectural style, quality of construction, principal materials employed in construction and size; subject (i) to any changes required by govenimental authorities or lenders and (ii) to any interior and minor exterior changes made by Declarant to meet changes in the market. f. All covenants and restrictions contained in this Declaration affecting the use, occupancy and alienation of Units shall apply to all Units created on the Additional Real Estate. g. The statements made in Subsections c through f of this Section shall not apply to any Additional Real Estate which is not added to the Property. SECTION 18 AMENDMENTS This Declaration may be amended by the consent of (i) Owners of Units holding at least sixty-seven percent (67%) of the votes in the Association, (ii) the percentage of Eligible Mortgagees (based upon one vote per first mortgage owned) required by Section 19 as to matters prescribed by said Section, and (iii) the consent of Declarant to certain amendments as provided in Section 16.8. Consent of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees and the Declarant shall be in writing. Amendments shall be subject to any greater requirements imposed by the Act. The Amendment shall be effective when recorded as provided in the Act. An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be prima facie evidence thereof for all purposes, including, without limitation, the recording of the amendment. No action to challenge the validity of an amendment adopted by the Association pursuant to ~515B.2-1l8 may be brought more than two (2) years after such an amendment is recorded. Except as expressly pennitted or required by this Declaration (as the same may be amended from time to time), no Amendment shall: (i) create or increase Special Declarant Rights; (ii) increase the number of Units ofthe Property; (iii) change the boundaries of any Unit; (iv) change Common Elements to limited Common Elements; or 25 (v) change the authorized use of a Unit from residential to non-residential. SECTION 19 RIGHTS OF ELIGIBLE MORTGAGEES Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 19.1 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent (51 %) of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents which causes any change in the following: (i) voting rights; (ii) increases in assessments that raise the previously assessed amount by more than 25 percent, assessment liens, or priority of assessment liens; (iii) reductions in reserves for maintenance and repairs; (iv) reallocation of interests in the Common Elements or Limited Common Elements, or rights to their use; (v) redefinition of any Unit boundaries; (vi) convertibility of Units into Common Elements or vice versa; (vii) expansion or contraction of the Property or the addition, annexation or withdrawal of property to or from the Property; (viii) hazard or fidelity insurance requirements; (ix) leasing of Units; (x) imposition of any restrictions on the leasing of Units; (xi) if the common interest community consists of 50 or more Units, a decision by the Association to establish self management when professional management is in effect as required previously by the Governing Documents or by an Eligible Mortgagee; (xii) restoration or repair ofthe Property (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xiii) any action to terminate the legal status ofthe common interest community after substantial destruction or condemnation occurs; or (xiv) any provisions that expressly benefit mortgage holders, or insurers or guarantors of mortgages. Notwithstanding the foregoing, implied approval of a proposed amendment shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after it receives proper notice ofthe proposal, provided that the notice was delivered by certified mail with a return receipt requested. 19.2 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven percent (67%) ofthe Units that are subject to first mortgages (based upon one vote per first mortgage owned) shall be required to abandon or tenninate the common interest, subject to any greater requirements contained in the Act. 19.3 No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit shall not be subject to any right of first refusal or similar restrictions recorded after June 1, 1994. 19.4 Priority of Lien. Any holder of a first mortgage on a Unit recorded after June 1, 1994, or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assigm-nent in lieu of foreclosure, takes the Unit subject to unpaid assessments for Common Expenses levied pursuant to ~5l5B.3- 26 - 115(a), (e)(l) to (3) and (f) and (i) that became due, without acceleration, during the six (6) months immediately preceding the first day following the Owner's period of redemption. 19.5 Priority of Taxes and Other Charges. All taxes, assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 19.6 Priority for Condemnation Awards. No provisions of the Governing Documents shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Property promptly upon receipt of notice from the condemning authority. 19.7 Requirements Management Agreements. The term of any agreement for professional management of the Property may not exceed two (2) years. Any such agreement must provide at a minimmn for tennination without penalty or tennination fee by either party, (i) with cause upon thirty (30) days prior to written notice, and (ii) without cause upon ninety (90) days prior written notice. 19.8 Access to Books and Records/Audit. Eligible Mortgagees shall have the right to examine the books and records ofthe Association upon reasonable notice during nonnal business hours, and to receive free of charge, upon.written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within one hundred twenty (120) days of the end of the Association's fiscal year. If a request is made by FNMA or any institutional guarantor or insurer of a mortgage loan against a Unit, for an audit of the Association's financial statements for the preceding year, the Association shall cause an audit to be made and deliver a copy to the requesting party. 19.9 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit nmnber or address, the holder, insurer or guarantor shall be entitled to timely written notice of a. a condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; b. a 60 day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; c. a lapse, cancellation or material modification of any insurance policy maintained by the Association; and d. a proposed action which requires the consent of a specified percentage of Eligible Mortgagees. 27 SECTION 20 MISCELLANEOUS 20.1 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 20.2 Construction. Where applicable, the masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 20.3 Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall promptly 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 the opportunity to defend against the action. 20.4 Notices. Unless specifically otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board of Directors, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. 20.5 Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or any Rules and Regulations promulgated by the Association from time to time, the Act shall control. As among the Declaration, Bylaws and Rules and Regulations, the Declarations shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws shall control. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Act. AVALON HOMES, INC. By Mitch Ammerman Its: President 28 , ' STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2001, by Mitch Ammennan the President of Avalon Homes, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Douglas J. Dehn Randall, Dehn & Goodrich 2140 Fourth Avenue North llnoka,~ 55303 763-421-5424 29 EXHIBIT A LEGAL DESCRIPTION COMMON INTEREST COMMUNITY NO. 96 NATURE'S RUN Lots 1 through 29, inclusive, Block 1 and Lots 1 through 27, inclusive, Block 2, Anoka County, Minnesota NOTE: Each Unit's unit holder identifier is its lot and block number and the subdivision name, e.g., Lot 1, Block 1, Nature's Run. NOTE: Lot 29, Block 1, and Lot 27, Block 2, Nature's Run are Common Elements. 31 . . EXHIBITB COMMON ELEMENTS COMMON INTEREST COMMUNITY NO. 96 NATURE'S RUN Lot 29, Block 1, and Lot 27, Block 2, Nature's Run, Anoka County, Minnesota 32 . , ' ~ .. EXHIBITD PLAT COMMON INTEREST COMMUNITY NO. 96 NATURE'S RUN 34 -- - . 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 Administrator FROM: Jim Dickinson, Finance Director SUBJECT: Payment of Claims DATE: October 16,2001 - INTRODUCTION Attached are disbursement edit lists totaling $916,235.11 for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $135,902.26 on disbursement edit list #1 dated 10-09-01 have been issued and released. Claims totaling $780,332.85 on disbursement edit list #2 dated 10-16-01 will be issued and released upon approval. BUDGET IMPACT 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 $916,235.11 and sign below: Mayor Mike Gamache Councilmembers - Don Jacobson Mike Knight Ken Orttel Julie Trude - Attachments -~- ~ ~ ... ... ... ... ... ... ~ ~... ... >..(... ... 0,0."... ... Q ~... of< " ". . I( >... ... O. . tr.. u... ... o . . ~ ~ :..............: f::.. : ~ : u 0... ... >. . '. . fnD::... ... I--lO 00... ... Po.... U'I ~... ... U o lll... ... ..:l ~... ... tIl m OD ................ ~ ... ... ... ~ \0 ... ... ... oil... ... ....0 ... ... ~ H ... .. ... ... ... ... W . . " :...."........: ~ ~\O ... ... III ..:l . . " ... 0000... H m... ... 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