HomeMy WebLinkAboutCC February 15, 2000
. CITY of ANDOVER
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- I 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
Regular City Council Meeting - Tuesday, February 15,2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Presentation/New Resident Survey by David Madsen, Eagle Scout
Discussion Items
1. Grey Oaks PUD greypud
2. Comprehensive Plan Amendment/RM, to RUlGrey Oaks compgrey
3. Rezoning/M-2 to R-4/Grey Oaks rezgrey
4. Discuss Signs in Residential Districts signs
5. Acquisition of Property West of Public Works appraisa
HRA Meetine:
6. Approval of Minutes hramin
7. Public Hearing/2000 Social Service Agency Allocations phsocial
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\... - j Staff, Committees, Commissions
8. Disciplinary Action discipli
9. Appoint Street Supervisor strsup
Non-Discussion/Consent Items
10. Approve Street Sweeping Quotes sweep
11. Authorization to Sell Used Equipment equip
12. Accept Feasibility Report/99-35/Woodland Estates 2nd Addition acpt9935
13. Accept Feasibility Report/99-36/Sunridge acpt9936
14. Award Bid/98-22A1Well-Pumphouse #7 bid9822a
15. Approve Purchase/Capital Improvement Plan Software software
16. Approve Request for Proposal for Water System Plan rfp
17. Approve Change Order #1I(98-33)Cambridge Estates 2nd, (98-34)Chesterton Commons 3rd, co19833
(98-36)Chesterton Commons North
18. Release EscrowlWoodland Creek/87-27 esc8727
19. Release EscrowIW oodland Creek 4th Addition/93-31 esc9331
20. Reduce EscrowIWoodland Creek 5th Addition/95-1 esc951
21. Release Escrow/Crown Pointe/93-17 esc9317
22. Release Escrow/Crown Pointe East 2nd Addition/97-7 esc977
Mayor/Council Input
Payment of Claims
\ Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\ DATE: February 15. 2000
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AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
February 1, 2000 Regular Meeting
September 21, 1999 Special Closed Meeting
October 5, 1999 Special Closed Meeting
November 23, 1999 Special Closed Meeting
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: February 15.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
AGENDA ITEM
Discuss Issues David L. Carlberg
\, "Grey Oaks" Community Development Director
The City Council is requested by staff to discuss issues related to the preliminary plat of
the Planned Unit Development of Grey Oaks. Discussion will focus on the following:
1. Senior/empty nester status (covenants and bylaws).
\ 2. Changes made to preliminary plat since the March 2, 1999 City Council approval.
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3. Reconfirmation of Development Standards (various versions attached).
Included in the front your packet materials is the latest revision of the preliminary plat
submitted to the City on Thursday, February 10,2000. Staff has also included as support
documentation copies of Resolution No. R055-99, approving Special Use Permit for the
PUD and Resolution No. R056-99, approving the preliminary plat.
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DESIGN STANDARDS RECEIVED
GRAY OAKS PUD DEe 0:;: 1998
) In order for the front and side setbacks to be discussed I need to explain how the! lLd' 0 FAN DO V E f
determined. When the Gray Oaks PUD was presented it had private streets and setbacks as were
approved in the Shadowbrook plat. These were as follows:
24' street width
25' setbacks to the front of the building structures
If this is viewed on a plat it would look like this:
12' , 12' Center line of Street
25' 25'
I
Bldg ,. . - . Bldg
I
i I 25' setback from right of way on
't
, Both sides
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J tJTS
This would give a center line of road to building distance of37' on each side. (12' Street Width +
25' setback)
In developing the Gray Oaks PUD, the city staff expressed a wish to have the streets in Gray
Oaks be public streets. We met with city staff and worked out a formula that would give public
streets, bu.t still allow a similar building setback as was approved for Shadowbrook. It was
calculated' as follows: ~ Center line of street.
t ,
8' 17' 13' 13' 17' 8'
Bldg , Bldg
,
f '? 8' setback from right of way on both sides
UTS
)This would give a centerline of road to building distance of 38' and provide a minimum front
setback of8'from city street right of way. (13' street width +17' ofblvd + 8' setback)
The effect of the above was to give the Gray Oaks PUD a similar.setback as was approved for
Shadowbrook.
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DESIGN STA...I."IDARDS
'\ GRA Y OAKS PUD
) Page 2
If after reviewing the setbacks for Gray Oaks by the city and the above setbacks are not
acceptable, we wish to put the private streets back into the plat and use the 25' setback as was
approved in Shadowbrook.
SETBACKS PROPOSED M-2
Gray OAKS PUD ZONE
FRONT YARD SETBACK TO BUILDrNGS 40'
Single Family Homes 25+
Town Homes 8+
30 unit Buildings 14.6+ (building 3 & 10)
(Long side considered the front)
65 Unit Buildings 16.2 (building 2)
(Long side considered the front)
Day Care 40'
Office Retail 40'
Convenience Store 40'
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\ " J SIDE YARD SETBACK TO BUILDrNGS 10'
Single Family Homes 6+
Tov.n Homes 6+
30 Unit Building 14' (building 3 & 10)
(Short side)
65 Unit Building 16.2'
(Short side)
Day Care 10+
Office Retail 10+
Convenience Store 10+
REAR YARD SETBACK TO BUILDING 30'
Single Family Homes 25 +
Tovm Homes 25' to house
IS' to deck
30 Unit Building "*
65 Unit Building "*
Day Care 3D'
Office Retail 30+
Convenience Store 30+
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) *Note: See the plat for the rear setbacks as each building has a very extensive open space behind \.
them. I did-oat know bow to calculate these.
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DESIGN ST A.J.......TIARDS
GRA Y OAKS
Page 3
PROPOSED M-2
GRA Y OAKS PUD ZONE
SIDE YARD SETBACK TO BUILDING
From a major arterial road 50' 50'
AP ARTMENf SIZE
65 UNIT BUILDING Apartment Size (sq.ft.)
Efficiency 580+ 500+
I Bedroom 688 700
2 Bedroom 932-1,072 850
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. j' 30 UNIT BUILDING Apartment Size (sq.ft.)
Efficiency 580+ 500
1 Bedroom 700+ 700
2 Bedroom 932+ 850
BUILDIN"G UNITS (2) 65 Unit Buildings 24 Units per bldg
(6) 30 Unit Buildings
PARKING Gray Oaks PUD M-2*
(2) 65 Unit & (I) 30 Unit . 1.5 per uni t 2.5 per unit
Buildings proposed for the TIF.
* Note: [n other sections of the ordinance a parking factor of .75 per unit is used for senior
housing.
Each building would have one parking space under the building.
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DESIGN STANDARDS
GRA Y OAKS PUD
Page 4
PROPOSED
GRAY OAKS POD M-2
30 Unit Buildings
Not in TIF 1.5 per unit 2.5 per unit
Each building woUld have one parking space under the building.
Note: Additional parking cai1 be provided if needed. However, it would result in additional tree
and green space removal.
PROPOSED
GRAY OAKS POD M-2
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Single Family & Twin Homes Double car garage ? - .
_.::> per umt
Plus 2 spots in front of garage
OTIIER PARKING Stalls Stalls
Other Ordinances
Day care 34 30
OfficelRet 1 90 90
Convenience 63 30
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~ DESIGN STANDARDS
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GREY OAKS PUD
In order for the front and side setbacks to be discussed I need to explain how they were
determined. When the Grey Oaks PUD was presented it had private streets and setbacks as were
approved in the Shadowbrook plat. These were as follows:
24' street width RECEIVED
25' setbacks to the front of the building structures
JAN 2 5 2000
If this is viewed on a plat it would look like this:
CITY OF ANDOVER
12,112, Center line of Street
25' 2S'
,
I
I. . .
.' . Bldg
BIdg-l .
I
, 1 2S' setback from right ofway on
i "t
, Both sides
,.rrs
This would give a center line of road to building distance of 37' on each side. (12' Street Width
+ 25' setback).
In developing the Grey Oaks PUD, the city staff expressed a wish to have the streets in Grey
Oaks be public streets. We met with city staff and worked out a formula that would give public
streets, but still allow a similar building setback as was approved for Shadowbrook. It was
calculated as follows:
~ Centertme ofstreet.
, .
go 17' 13' 13' 17' go
BIdg Bldg
f f' 8' setback from right of way on both sides
This would give a centerline of road to building distance of 38' and provide a minimum front
, setback of 8' from city street right of way. (13' street width + 17' of blvd. + 8' setback)
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The effect of the above was to give the Grey Oaks PUD a similar setback as was approved for
Shadowbrook.
,) DESIGN STANDARDS
GREY OAKS PUD
Page 2
If after reviewing the setbacks for Grey Oaks by the city and the above setbacks are not
acceptable, we wish to put the private streets back in to the plat and use the 25' setback as was
approved in Shadowbrook.
PROPOSED
SETBACKS GREY OAKS PUD M.2 ZONE
FRONT YARD SETBACK TO BUILDINGS 40'
Single Family Homes 25+
Town Homes 8+
30 Unit Buildings
(short side considered the front) 20+ (Lots 2 & 4, Bl 5)
65 Unit Buildings -,
(short side considered the front) 15'+(Lots 2 & 3, Bl4)
Day Care 40'
Office Retail 40'
Convenience Store 40'
SIDE YARD SETBACK TO BUILDINGS 10'
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\, ) Sinole Family Homes 5+
Town Homes 6+
30 Unit Building
(short side) 20+(Lots 2 & 4, Bl 5)
65 Unit Building
(short side) 15+ (Lots 2 & 3, Bl4)
Day Care 10+
Office Retail 10+
Convenience Store 10+
REAR YARD SETBACK TO BUILDING 30'
Single Familv Homes 25+
Town Homes 25' to house
15' to deck
30 Unit Building *
65 Unit Building *
Day Care 30'
Office Retail . 30+
Convenience Store 30+
*Note: See the plat for the rear setbacks as each building has a very extensive open space behind
\ them. I did not know how to calculate these.
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'\ DESIGN STANDARDS
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GREY OAKS PUD
Page 3
PROPOSED
SETBACKS GREY OAKS PUD M-2 ZONE
SIDE YARD SETBACK TO BUll..DING
From a maior arterial road 50' 50'
From a Street 20' (Lot 2, Bl 5) 30'
CONDO SIZES
65 UNIT BUll..DING CONDO SIZE (sq. ft.)
Efficiency 580+ 500+
1 Bedroom 688 700
2 Bedroom 932-1.072 850
30 UNIT BUILDING CONDO SIZE (Sq. ft.)
Efficiency 580+ 500
1 Bedroom 700+ 700
2 Bedroom 932+ 850
\ BUILDING UNITS (2) 65 Unit Buildings 24 Units per bldg
\ ) (6) 30 Unit Buildings
PARKING Grey Oaks PUD M-2*
65 Unit Buildings 1.5 per unit or 2.5 per unit
City requirement up to
2.5/unit
*Note: In other sections of the ordinance a parking factor of .75 per unit is used for senior
housing.
Each building would have one parking space under the building.
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'\ DESIGN STANDARDS
;' GREY OAKS PUD
Page 4
PROPOSED
PARKING GREY OAKS PUD M-2 ZONE
30 Unit Buildings
1.5 per unit or city req. up to
2.5 per unit 2.5 per unit
Each building would have one parking space under the building.
Note: Additional parking can be provided if needed. However, it would result in additional tree
and green space removal.
PROPOSED
SETBACKS GREY OAKS PUD M-2 ZONE
Double car garage
Plus 2 spots in front of
garage, part of which at least
(12'+) is in the public right
Single Family & Twin Homes of wav 2.5 oer unit
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OTHER PARKING Stalls
Other
Stalls Ordinances
Dav Care 30+ 30
OfficelRet I 90+ 90
Convenience 30+ 30
GREEN SPACE
Hanson Blvd. NW 5' 20'
155t11 Lane NW 5' 20'
Hummingbird St. NW 5' 20'
156t11 Lane NW 5' 20'
Linnet Street NW 10' 20'
HEIGHT VARIANCE
30 Unit Buildings 40' 35'
65 Unit Buildings 40' 35'
SIGN VARIANCE GRANTED WITH
PRELIMINARY PLAT
) APPROVAL* REQUIRED
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. *See notes on the Preliminary Plat
\\HaOl\Shared Docs\PRIV A TE\2000\2000\2054-25DSGNSTDS.doc
DESIGN STANDARDS
GREY OAKS PUD
)In order for the front and side setbacks to be discussed I need to explain how they were determined. When the
. Grey Oaks PUD was presented it had private streets and setbacks as were approved in the Shadowbrook plat.
These were as follows:
24' street width RECEIVED
25' setbacks to the front of the building structures FEB 1 0 2000
If this is viewed on a plat it would look like this:
--..- .-- . CITY OF ANDOVER
12,112, Center line of Street
25' 25'
,
I
I. . .
. - . Bldg
Bldg-.l .
I
, 1 25' setback from right of way on
j 't
Both sides
/JTS
. This would give a center line of road to building distance of37' on each side. (12' Street WIdth + 25' setback).
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. In developing the Grey Oaks PUD, the city staff expressed a wish to have the streets in Grey Oaks be public
streets. We met with city staff and worked out a formula that would give public streets, but still allow a similar
building setback as was approved for Shadowbrook. It was calculated as follows:
~ Center lihe of street.
, 1
8' 17' 13' 13' 17' 8'
Bldg . Bldg
f <f" 8' setback from right of way on both sides
This would give a centerline of road to building distance of 38' and provide a minimum front setback of 8' from
city street right of way. (13' street width + 17' of blvd. + 8' setback)
The effect of the above was to give the Grey Oaks PUD a similar setback as was approved for Shadowbrook.
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DESIGN STANDARDS
GREY OAKS PUD
Page 2
, ) If after reviewing the setbacks for Grey Oaks by the city and the above setbacks are not acceptable, we wish to
put the private streets back in to the plat and use the 25' setback as was approved in Shadowbrook.
SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
FRONT YARD SETBACK TO BUILDINGS 40'
Single Family Homes 25+
Town Homes 8+
30 Unit Buildings(short side considered the front) 20+ (Lots 2 & 4, Bl 5)
65 Unit Buildings(short side considered the front) 15'+ (Lots 2 & 3, B14)
Day Care 40'
Office Retail 40'
Convenience Store 40'
SIDE YARD SETBACK TO BUILDINGS 30'
Single Family Homes 5+
Town Homes 6+
30 Unit Building(short side) 20+(Lots 2 & 4, Bl 5)
65 Unit Building(short side) 15+ (Lots 2 & 3, Bl4)
Day Care 10+
Office Retail 10+
Convenience Store 10+
)
REAR YARD SETBACK TO BUILDING 30'
Single Family Homes 25+
Town Homes 25' to house
15' to deck
30 Unit Building *
65 Unit Building *
Day Care 40' 40'
Office Retail 40' 40'
Convenience Store 40' 40'
*Note: See the plat for the rear setbacks as each building has a very extensive open space behind them. I did
not know how to calculate these.
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DESIGN STANDARDS
GREY OAKS PUD
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SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
SIDE YARD SETBACK TO BUILDING
From a major arterial road 50' 50'
From a Street 20' (Lot 2, BI 5) 30'
CONDO SIZES
65 UNIT BUILDING CONDO SIZE (sq. ft.)
Efficiency 580+ 500+
1 Bedroom 688 700
2 Bedroom 932-1,072 850
30 UNIT BUILDING CONDO SIZE (sq. ft.)
Efficiency 580+ 500
1 Bedroom 700+ 700
2 Bedroom 932+ 850
BUILDING UNITS (2) 65 Unit Buildings 24 Units per bldg
. (6) 30 Unit Buildings
PARKING Grey Oaks PUD M-2*
65 Unit Buildings 1.5 per unit or . 2.5 per unit
; City requirement up to 2.5/unit
30 Unit Buildings
1.5 per lli1it or city req. up to 2.5 per
unit 2.5 per unit
*Note: In other sections of the ordinance a parking factor of 1.0 per unit is used for senior housing.
Each building would have one parking space under the building.
Note: Additional parking can be provided if needed. However, it would result in additional tree and green
space removal.
USE VARIANCE
VARIANCE PER APPROVED PLAT M-2
Convenience Store Granted Not Allowed
Office Retail Granted Not Allowed
Day Care Granted Not Allowed
Twin Homes Town Homes Granted Not Allowed
Single Family Town Homes Granted Not Allowed
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DESIGN STANDARDS
GREY OAKS PUD
Page 4
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, SETBACKS PROPOSED GREY OAKS PUD M-2 ZONE
Single Family & Twin Double car garage (twin homes) & three car garage (single fam.)
Homes Plus 2 spots in front of garage, part of which at least (12'+) is in the
public right of way 2.5 per unit
OTHERPARKlNG Stalls Stalls
Day Care* Will meet or exceed Ord. final review with site plan approval 30
Office/Ret 1* . Will meet or exceed Ord. [mal review with site plan approval 90
Convenience* Will meet or exceed Ord. final review with site plan approval 30
GREEN SPACE
Hanson Blvd. NW 5' 20'
155'" Lane NW 5' 20'
Hummingbird St. NW 5' 20'
156111 LaneNW 5' 20'
Linnet Street NW 10' 20'
HEIGHT VARIANCE
30 Unit Buildings 40' 35'
65 Unit Buildings 40' 35'
, ) FENCE HEIGHT 12' (tennis court) 6'
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SIGN VARIANCE GRANTED WITH PRELIMINARY PLAT APPROVAL** REQUIRED
*The final parking lots at time of site plan review will have encroachments in the green area as detailed in the
approved preliminary plat
**See notes on the Preliminary Plat
LOT VARIANCES
LOT SIZES
LOT WIDTH* LOT DEPTH**
LOT BLOCK PROPOSED REQUIRED PROPOSED REQUIRED
WIDTH WIDTH DEPTH DEPTH
1 2 231.9 150 121 150
1-8 3 38 150 106.6+ 150
9-10 3 102 150 184 150
11-12 3 38 150 101 150
13-16 3 60 150 130 150
2-3 4 84 150 360+ 150
4-27 4 38 150 101 150
'\ 2-4 5 102 150 184 150
'. ) 5-8 5 38 150 100 150
9 5 107 150 184 150
* Assumes short side
* * Assumes long side
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CITY OF ANDOVER
COL"NTY OF AJ."iOKA
STATE OF M~"NESOT A
RES. NO. R055-99
A RESOLUTION GRANTING THE SPECIAL USE PER..""UT REQUEST OF CHESTERTON
PARTNERSHIP FOR A PLANNED UNH DEVELOPMENT TO DEVELOP A MIXED USE
SENIORlEMPTY NESTER DEVELOPMENT CONSISTING OF TWO 65 UNIT
APARTMENTS, SIX 30 UNIT APARTMENTS, TIURTY-EIGHT TOWNHOMES, FOUR
SINGLE F AM1L Y HOMES AND THREE CO~L'v1ERCIAL LOTS TO BE KNOWN AS THE .
SUBDIVISION "GREY OAKS" ON THE PROPERTY LEGALLY DESCRIBED BELOW.
WHEREAS, Chesterton Partnership has requested a Special Use Permit for a Planned Unit
Development to develop a mixed use senior/empty nester development consisting of two 65 unit
apartments, six 30 unit apartments, thirty-eight townhomes, four single family homes and three
commercial lots to be known as the subdivision of "Grey Oaks" pursuant to Ordinance No.8,
Section 4.18, Planned Unit Developments on the property legally described as follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22, Township 32, Range 24,
Anokn County. Minnesota. Subject to easements of record if any; and
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\vl-IEREAS, the City Council has reviewed the request and has determined that said request
does not meet the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission
tinds the proposed use will not be detrimental to the health, safety, morals and general welfare of'
the occupants of the surrounding lands; and
\liHEREAS, the City Council finds the request would not have a detrimental effect on the
property values and scenic views of the surrounding area; and
\VHEREAS, the City Council finds the reque5t meets the criteria of Ordinance No.8, Section
4.18, Pb.nned Unit Deve!opmer:.t$; ~'1d
'Nl-IEREAS, a public hearing was held before the Planning and Zoning Commission and there
was opposition to the request; and
WHEREAS the Plannin!.! and Zoning Commission recommended to the City Council the denial
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of the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
disagrees with the recommendation of the Planning and Zoning Commission and will allow
Chesterton Partnership to develop a Planned Unit Development on said property with the
following conditions:
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Page Two
Resolution
Special Use Permit - Planned Unit Development
Grey Oaks - Chesterton Partnership
I. All variances associated with the approval of the Special Use Permit for the Planned Unit
Development shall be approved with the approval of the preliminary plat.
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8,
Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Permit for the Planned Unit Development shall be contingent on the
approval of the preliminary plat of Grey Oaks.
Q; 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. .Auticles ofIncorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas and age restrictions so as to comply with Minnesota
Statutes 363.02, subd. 2(2)(b) and Federal Fair Housing Act Amendments 42 U.S.C.A.
3607 (b)(2).
6. Grey Oaks will be a phased development in keeping with the development guidelines in the
Andover Comprehensive Plan which indicates the Grey Oaks area is in two development
time frames. It will be developed in two phases so no comprehensive Plan amendment will
be needed.
7. Should, after passing the Special Use Permit and the preliminary plat, the developer change
his mind about following the Minnesota and federal statutes mentioned in Item 5,c, the
Special Use Permit and preliminary plat will then be null and void and full reapplication
must be made for both the Special Use Pe,rmit and preliminary plat.
Adopted by the City Council of the City of Andover on this 2nd day of March. 1999.
CITY OF ANDOVER
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A TTEST;'1.E. McKelvey, Mayor ./
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VictOria Volk, City Clerk
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ClTY OF ANDOVER
COlTNTY OF AJ."J'OKA
STATE OF MINNESOTA
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) RES. NO R056-99
A RESOLUTION APPROVING THE PRELIMIN.A.RY PLAT OF THE PLANNED
UNIT DEVELOPMENT OF "GREY OAKS" BY CHESTERTON PARTNERSHIP
LOCATED IN SECTION 22, TOWNSfllP 32, RANGE 24, ANOKA COUNTY,
MlNNESOT A.
WtfEREAS, the Andover Review Committee has reviewed the preliminary plat;
and
\VHEREAS, 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 denial of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby disagrees with the recommendation of the Planning and Zoning Commission and
approves the preliminary plat with the follov,ing 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.
:. Bikeway/walkway construction alcng the right.of-way of Hanson Boulevard NW (Cost share
of 50150 split betvieen developer and City).
3. Contingent upon approval of the Special Use Permit for the Planned Unit Development.
4. Address TKDA and MFR..-\ comments the satisfaction of the City.
5. Address Engineering Department comments to the satisfaction of the City.
6. Address Planning Department comments to the satisfaction of the City.
7. Park dedication per Ordinance 'No.1 0, Section 9.07.
8. The owner shall dedicate all easements at the time of the final plat.
9. Contingent upon staff review and approval for compliance with City ordinances, policies and
guidelines.
10. The development shall be phased so as to not require a comprehensive plan amendment.
, II. The number of parking spaces shall be consistent with the use.
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12. The RV/boatltrailer storage area along Nightingale Street NW shall be eliminates; however,
a small storage facility for equipment to be used to maintain Grey Oaks shall be permitted,
but there will be no entrance onto Nightingale.
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J Resolution
Preliminary Plat - Planned Unit Development
Grey Oaks - Chesterton Partnership
13. The road design along 155th Lane MW between Hanson Boulevard and Hummingbird Street
NW shall be reconfigured to meet better safety standards as detennined by the City.
14. A copy of all variances as presented by the developer consisting of four pages which was
received by the City on December 3, 1998, as amended, shall be attached to the preliminary
plat and become the only listing of variances approved on the plat
15. All street within the plat shall be public roads with no parking.
16. A detailed landscape plan for Grey Oaks, including the species. size and number of plants,
shall be attached to and become part of the plat. Such landscaping must be acceptable to
the Andover Review Committee.
17. A tree protection plan acceptable to the City must be approved priono any excavation.
18. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
19. The acceptance of a signed shared parking agreement in the commercial area to satisfy
parking stall requirements.
20". All units not marketed for senior or empty nester shall provide a minimum parking of2~S'
parking spaces per unit.
21. The issue of public and private trail locations and crossings be mutually agreed upon by the
City and the developer.
22. All grading, drainage, flood elevations, erosion and geotechnical issues still outstanding be
agreed to by both parties prior to any construction work being undertaken.
23. A suitable location for a City well which is agreeable to both the City and the developer.
Adopted by the City Council of the City of Andover this 2nd day of
March , 19....2.L.
CITY OF AJ.'illOVER
ATTEST: ,7 11 );;; t: ,7
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"/"r,,,,- '/ ;,1'.E. McKelvey, Mayor
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Victoria Volk, City Clerk "
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
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DATE: Februarv 15.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.
Compo Plan Amendment David L. Carlberg
Land Use Change RM to RU Community Development Director
NE Y4 of Section 22
d. City of Andover
Request
The City Council is requested to review an amendment to the Comprehensive Plan to
change the land use district designation from RM, Residential Medium Density to RU,
Residential Urban Single Family. The proposed 60 acre site is owned by Grey Oaks, Inc.
and is located in the NE Y4 of Section 22, north of the FOX HOLLOW SUBDIVISION,
between Nightingale Street and Hanson Blvd.
, The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4,
Single Family Urban.
Back2round
The City Council should consult the Staff report and minutes from the January 25,2000
Planning and Zoning Commission meeting for background information.
Since the January 25, 2000 meeting, the City Council on February 1,2000 granted a 60
day extension to the preliminary plat of Grey Oaks (expires April 30, 2000). The Council
may wish to consider this in the review of this amendment.
As Staff has also informed the Council, If the Council wishes to approve the plan
amendment it is recommended that a swap or transfer occur of equal densities with other
parcels in the City. Included in your packet is a map indicating these areas the Council
may wish to consider. The Council should be aware that sketch plans for townhome
developments have recently been submitted on two of the properties (Woodland Creek
and Sonsteby Knoll). In addition, the Council has reviewed a sketch plan on the Hupp
property for a mixed use (residential, townhomes and commercial) PUD. The Planning
and Zoning Commission is scheduled to hold public hearings on these properties on
February 22, 2000.
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) Attached is a resolutiuon for Council consideration.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RES. NO. R -00
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION
FROM RM, RESIDENTIAL MEDIUM DENSITY TO RU, RESIDENTIAL URBAN
SINGLE F AMIL Y ON 60 ACRES LOCATED IN THE NE Yt OF SECTION 22
OWNED BY GREY OAKS, INC. (PIN 22-32-24-11-0002)
WHEREAS, The City of Andover has petitioned to change the land use district
designation from RM, Residential Medium Density to RU, Residential Urban Single
Family on approximately 60 acres owned by Grey Oaks, Inc., legally described as
follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
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;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
J approval of the amendment as requested.
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NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves said amendment to the Comprehensive Land Use Plan with the following
condition:
1. Approval by Metropolitan Council.
Adopted by the City Council of the City of Andover on this 15th day of Februarv 2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria V olk, City Clerk
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DRAFT
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PLANNING AND ZONING COMMISSION MEETING - JANUARY 25,2000
MINUTES
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to
order by Chairperson Jay Squires on January 25, 2000, 7:00 p.m., at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, Mark
Hedin, and Jay Squires.
Commissioners absent: Bev Jovanovich
Also present: City Planner, John Hinzman
Others
APPROVAL OF MINUTES.
January 11, 2000
Motion by Dalien, seconded by Falk, the Minutes be approved as submitted. Motion carried on a 6-
I ayes, O-nays, I-absent vote.
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PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (CPA-001-01) - RE-GUIDE
LAND FROM RM, TO RESIDENTIAL MEDIUM DENSITY TO RU, RESIDENTIAL URBAN
SINGLE FAMILY - GREY OAKS, SECTION 23 - CITY OF ANDOVER.
PUBLIC HEARING: REZONING (REZ 00-01) - REZONE LAND FROM M-2, MULTIPLE
DWELLING TO R-4, SINGLE FAMILY URBAN - GREY OAKS, SECTION 23.
Mr. Hinzman requested Items 3 and 4, the Comprehensive Plan Amendment and Rezoning, be
combined for consideration, as these items are interrelated. He advised that the Planning and Zoning
Commission could make two separate motions on these items.
Mr. Hinzman stated the City of Andover is proposing a Comprehensive Plan Amendment and
Rezoning for 60 acres of property located just north of the Fox Hollows Subdivision, between
Nightingale Street and Hanson Boulevard NW, and is owned by Grey Oaks, Inc. He stated the
proposal before the Commission is a Comprehensive Plan Amendment from the RM, Residential
Medium Density Land Use District to the RU, Residential Urban Single-Family District, and
concurrently with this is the Rezoning from M-2, Residential Multiple Dwelling, to R-4, Single
Family Urban.
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Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes - January 25, 2000
Page 2
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Mr. Hinzman stated the applicable ordinances that regulate the Comprehensive Plan Amendment are
Minnesota State Statute, Chapter 473.858, which states that a Comprehensive Municipal Plan is in
conflict with the Zoning Ordinance or any other official controls, those official controls must be
changed to confonn with the Comprehensive Plan.
Mr. Hinzman stated the ordinances applicable to the Rezoning portion of this request are Ordinance
8, Section 5.02, which establishes the procedure for changing zoning district boundaries, and Section
5.03 B, which establishes criteria. He provided a brief outline of the criteria presented, which is
applicable for both the Comprehensive Plan Amendment and the Rezoning.
Mr. Hinzman advised that the Comprehensive Plan is a long-range document, which contemplates
future land use, and the zoning is the legal definition for land use on the property.
Mr. Hinzman stated the adjacent land use to the north and west of the proposed site is' a rural
residential scenario, with the Wittington Ridge development to the west of Nightingale Street, and
unplatted property to the north. The surrounding areas to the east and south are in the MUSA, and
include the Fox Hollows Subdivision to the south, and Cambridge Estates to the east, across Hanson
Boulevard.
Mr. Hinzman stated the Comprehensive Plan includes a number of items that relate to residential
" development, and specifies criteria for residential development in the future. He provided a
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summary of these criteria, which indicate that as residential development occurs, the City is
concerned with the controlled extension of services, providing appropriate buffers for new residential
development, and providing for adequate public facilities, i.e., schools, parks, and fire protection.
Mr. Hinzman stated the criteria also identify the policies related to housing and residential land use,
and indicates that the City should include a variety of housing types, including Multiple Family, and
that platting and development of residential neighborhoods as units should be encouraged. He
advised that there should also be a continuity of street patterns, protection against adverse
environmental impacts, protection against encroachment and intrusion of incompatible land uses,
and strong encouragement of the Planned Unit Development Ordinance.
Mr. Hinzman stated this particular item has come before the Planning and Zoning Commission and
the City Council several times in the past. He advised that at the January 4, 2000 City Council
meeting, the Council authorized staff to submit a Comprehensive Plan Amendment and Rezoning for
this area. He explained that this action was not brought forward by the developer, but rather, was
initiated by the City.
Mr. Hinzman stated the proposed change is more consistent with the surrounding land uses. He
explained there is Single Family development abutting the site to the south and east. The existing
Multiple Family designation creates an abrupt change in density from adjacent rural properties which
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Minutes - January 25, 2000
Page 3
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abut the property to the north and west, and urban expansion is not planned to the west of this
property.
Mr. Hinzman advised that the December 4, 1999 Grey Oaks submittal exceeds the 6 units per gross
acre maximum density requirement of the RM, Residential Medium Density District, with a
proposed density of 8.6 units per acre.
Mr. Hinzman noted this area is currently within the MUSA. He indicated that staff is currently
examining options for transferring the Multiple Family designation to other properties in the City.
He explained that Multiple Family development will become additionally necessary in the future,
and staff does not desire to see this type of development eliminated in the City. as a whole. Staff is
examining other areas in the City with the same number of buildable acres, where the same number
of units could be transferred to, and would be bringing this forward in the near future as a
Comprehensive Plan Amendment.
Mr. Hinzman outlined the Commission's options for action. He stated staffrecommends approval of
both the Comprehensive Plan Amendment and the Rezoning of the property.
Commissioner Hedin inquired how this proposed Rezoning would affect the original Grey Oaks
Preliminary Plat approval.
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Mr. Hinzman explained that the Council would have two items before them for consideration, a
Preliminary Plat that has been conditionally approved, and the Rezoning of the property and
Comprehensive Plan Amendment. He stated that eventually, the City Council would have to
determine which use and which type of development they see appropriate for this property. He
advised that the Council would sort through this at their first meeting in March, which is the
expiration date of the one-year sunset clause on the Preliminary Plat, and at that time, would either
extend the time period for review, or accept the Comprehensive Plan Amendment and the Rezoning.
Mr. Hinzman explained that at this point, the Planning and Zoning Commission is requested to
review the compatibility ofthe single-family residential land use district for this area. He stated staff
would bring the Commission's recommendation forward to the City Council, to assist them in
making a decision on the future of this property.
Commissioner Hedin inquired if the Rezoning would have a negative effect of the original
Preliminary Plat.
Mr. Hinzman stated the developer would not be able to proceed with the original plat if the Rezoning
and Comprehensive Plan Amendment are approved, as the proposed density would exceed the
requirements for the Single Family Residential zone.
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Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes - January 25, 2000
Page 4
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Motion by Daninger, seconded by Falk, to open the public hearings for Items 3 and 4, at 7:10 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Joseph Finley, representative of Grey Oaks, Inc. stated the action that the Planning and Zoning
Commission is being asked to approve is very unorthodox. He advised that the Preliminary Plat was
approved on March 2, 1999, and under State Law, the City is absolutely prohibited from rezoning or
amending the Comprehensive Plan or density controls for a one-year period from the date of a
Preliminary Plat approval. He stated this action would appear to violate State Statute 462.358,
which places a one-year moratorium on cities' ability to change a Comprehensive Plan or any
official control after Preliminary Plat approval.
Mr. Finley stated he believed this action was premature regardless of this statute, as that date, the
developer had submitted a complete packet to the City for final plat approval. He explained that they
were not required to submit until March 2, however, they had done so that date, because of the
dependency of this action.
Mr. Finley stated this plat was nothing like the December 6 submittal, which the developer has
pulled off of the table, due to the negative public response it had engendered. He stated the final plat
approval is simply the Preliminary Plat with very simple modifications, made only to meet the
conditions placed upon it by the City Council. He advised that it is black-letter law in the State of
J Minnesota, that when a Preliminary Plat has been approved, the developer is entitled to final plat
approval if it is submitted within a one-year period, and meets the conditions that the Council has
imposed. He stated for this reason alone, it was premature to act upon this matter at this time.
Mr. Finley stated a third factor for consideration is that in reliance on that Preliminary Plat, Grey
Oaks, Inc. has already spent over $600,000 creating that land, installing utilities, and excavating
building basements. He stated these were dollars that could only be spent for the project that was
approved in the original plan. He reiterated that it would be very unorthodox for the City to rezone
the property during a one-year period in which they are prohibited from rezoning, when the
developer has already spent $600,000 to satisfy the conditions it placed upon him in the Preliminary
Plat.
Mr. Finely stated there was likely a very good reason why this action was being considered, although
not entirely apparent to him. He stated that typically, when property is rezoned, especially property
which affects only one owner, there is often a study done, because there is a presumption that the
zoning which is in place is valid zoning. He stated that typically, when zoning is changed, a study is
performed, and that change would be given the same dignity as the original zoning in the City, when
that zoning was enacted.
Mr. Finley stated the materials he has seen provide no indication that any study has been done. He
stated this is simply the rezoning of one person's property without studies, during a period in which
'\ rezoning is prohibited, and after the developer has spent $600,000 on a Preliminary Plat, which
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000 DRAFT
Page 6
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He stated he was not suggesting that the City was attempting. to do this, however, he would suggest
that what is being considered violates this Statute on all fours.
Chair Squires inquired if this Statute also contemplates that the final plat approval submittal be
consistent with what was approved at the Preliminary Plat stage.
Mr. Finley stated this particular Statute does not, however, it does contemplate that final plat
approval uses the Preliminary Plat as a base line, and addresses the concerns of the conditions placed
by the Council and results in a plan which reflects this. He stated that this is what they have done,
and they have prepared a very different final submittal than that brought forward on December 6. He
indicated that the Case Law is very clear, in that the subdivider is entitled to final plat approval if the
conditions placed by the Council on the Preliminary Plat are satisfied.
Chair Squires stated one of the requirements imposed by the City Council for the Preliminary Plat
and Planned Unit Development approvals relates to the senior housing issue. He inquired if this
issue is addressed in the final submittal.
Mr. Finley stated they have addressed this to the extent they can legally do so. He explained that
there is also Case Law, which states that if the conditions of subdivision approval are not legal, the
subdivider can disregard the illegal condition. He indicated that in the Multiple Family portion of
, this proposal, the developer has reserved the right to develop "over 55" housing, to the extent that it
is rental, and not sold. He noted that the developer reserves this right, however, must comply with
the Federal Fair Housing Act, as well as Minnesota State Law. He explained that to the extent that
this is the requirement, it is included, and to the extent that the requirement is more than that, it is
illegal, and also violates the anti-coercion laws of HUD and FHA, funds of which, the City is a
recipient.
Commissioner Falk inquired if the developer has met the conditions set forth by the City Council.
Mr. Finley stated there were two approvals, one for the Planned Unit Development, and one for the
Subdivision. He noted there were approximately 22 to 23 conditions for approval in the Subdivision,
and they believe they have satisfied all of these conditions. He explained that there were
approximately 7 conditions set forth in the Planned Unit Development, and one of these was a
vaguely worded condition regarding housing for the elderly. He stated they believe they have clearly
satisfied all of the conditions, with the exception of that related to elderly housing, and have satisfied
this condition, to the extent that law permits.
Chair Squires inquired if, regardless of whether or not they believe that the law permits the City to
impose a condition involving senior housing, this condition has not been met.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000 DRAFT
Page 8
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Mr. Hinzman pointed out that the Preliminary Plat was conditiomilly approved, and it is uncertain if
the one-year time period is applicable if the conditions of the Preliminary Plat have not been
accepted by the Council, however, this would be an issue for the City Attorney to determine.
Chair Squires stated the plan that was presented by the developer at the last meeting appeared to. be
completely inconsistent with the preliminary plan that was approved. He inquired why the developer
had done this.
Mr. Finley explained that after reviewing the conditions, Mr. Winshital had interpreted that the City
desired something slightly different than the preliminary plat, and therefore, proceeded with the
preliminary plat as a base line, making only the minimum changes necessary to meet the conditions
of approval imposed by the City. He stated he could not speak for Mr. Winshital, however, he
believed he was doing something that the City would find acceptable. He pointed out that once he
learned that the City was not pleased, he attempted to go back within the period of the Preliminary
Plat approval, and do only what the City approved.
Chair Squires inquired if the number of proposed units had increased from350 to 519. Mr. Finley
stated this was immaterial as this plan was withdrawn.
Brian Cooth, 15667 Raven Street NW stated he was concerned with regard to the plan for the 500
j plus units, which was withdrawn. He commented that this proposal does not fit in with the
surrounding area. He inquired regarding the sudden change in the plans, and why such a thing was
presented and then withdrawn. He re~arked that it seemed a little bit shaky, at best, in terms of what
they are attempting to do.
Mr. Cooth stated there are many reasons people move to Andover, and this proposal is not one of
them. He explained that he attempted to move into an area comprised of some acreage, and in his
opinion, this proposal destroys the City. He stated he is completely opposed to the development
proposal, and in favor of the rezoning, which is one of the smartest moves the City could make for
this area, for several reasons. He pointed out that if there were no guarantee that this development
would be senior housing, there would be a problem with regard to the schools, which could not
handle the additional population it would draw. He explained that he worked with the schools, and
they are already very full. He inquired where they would put all of the children who would come in,
adding that if the development is not restricted to seniors, there will be children there. He noted that
even if there were only one child per unit, this would result in an enormous amount of attendance.
He reiterated that he was in favor of rezoning the property.
Kim Dickeson, 105629 Raven Street, stated she felt the rezoning was very important to the City of
Andover at this time. She indicated she has attended the School Board meetings, where they are
currently fighting to obtain a school to accommodate the children. She commented that the proposed
development, if not restricted to seniors, would result in many problems. She noted many housing
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000 DRAFT
Page 9
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developments have been approved in the City for construction within the next two years, and the
schools are not able to accommodate all of these children.
Ms. Dickeson stated the moved from Plymouth to the City of Andover, having researched where
they would like to live for two years. She indicated her child was in Kindergarten when they moved
into the area, and purchased acreage property from Mr. Winshital. She stated they were promised
that they would be completely surrounded by similar properties, however, the area was rezoned, and
they have been following this matter since they became aware of the rezoning. She stated she was
aware that the developer may be able to proceed with the current proposal, however, it was time to
consider the Comprehensive Plan, and what is really needed in the City of Andover.
Ms. Dickeson stated all of the property along Nightingale Street, to the west of the proposed
development, is acreage, and these rental units would be adjacent to a school. She pointed out that
there was no mass transit in Andover, and no Police Department, and the proposed density of this
development would not be appropriate in this area.
Ms. Dickeson stated the Metropolitan Council requires transition, however, there was no transition
from the two-acre properties located directly across the street, to a Multiple Dwelling development.
She requested this matter be considered very carefully, in terms of whether or not it fits into the area,
adding that she does not believe it does.
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Mike Goetz, 15629 Osage Street stated he would like to reiterate Mr. Hinzman's comment regarding
other properties in the City that could possibly be rezoned for this type of development. He stated
that the R-4 zoning was more appropriate for this area, and would be advantageous to all of the
surrounding neighbors, whereas the M-2 zoning would be more appropriate in other areas of the
City, and would be advantageous to the City for many reasons, including transportation and safety.
Bob Almeda, 15711 Nightingale Street stated the City approved 324 units on the original plan. He
indicated that with that plan, he would have 15 townhomes looking down on his property, however,
the developer is now proposing to increase this to 524 units, which would create one 30-unit, and
three 24- unit structures adjacent to, and looking down upon his property. He stated he found the
original plan to be acceptable, however, he was opposed to the current proposal. He indicated he
was in favor of rezoning the property to Single Family Urban.
Chair Squires advised that based upon Mr. Finley's statement, the developer has abandoned the
proposal for 519-units.
Tony Howard, 2119 156th A venue stated all of the residents in this area have been following this
proposal for the past year and a half, and some have been fighting it every step of the way, as they
are opposed to it, and it is not what the City needs. He stated this proposal provides no transition
from the R-4 Zoning District. He advised that the M-2 zoning was originally supposed to be located
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Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000 DRAFT
Page 10
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on the east side of Hanson Boulevard, however, it had been changed on the west side because it was
to be senior housing, which is no longer in the equation.
Mr. Howard stated the residents of this area were somewhat satisfied with the proposal for senior
housing, however, this has changed. He inquired what other changes would occur after this, and
how many more times would the residents have to come in and discuss this matter. He stated he
would like to have the zoning changed back to R-4, and finalize the matter. He indicated that the
developer should attempt to find some other location for this proposal, where the transition makes
sense.
Mr. Finley explained that there was no Sketch Plan for 512 units, and if this was the basis for
opposition, it is completely irrelevant, because what is being proposed is exactly what was approved.
Mr. Finley stated he is a city planner, with a degree in planning as well as law. He indicated there is
a very interesting transition in this area, and tremendous amounts of open spaces, wetland
preservation, and ponds. He explained that that the reason for considering the Planned Unit
Developments and increasing density is to preserve the amenities that exist, and the Preliminary Plat
indicates the preservation of a tremendous amount of open space. He stated this proposal is acreage
development, and the transition is apparent, upon examination of the plat.
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Mr. Finley stated that in his understanding, they have done everything possible, within the limits of
the law, to restrict this development to "over-55" housing. He advised that they will discuss this
matter further with the City Attorney to determine what options are available in this regard. He
stated the developer has not backed away from the senior housing proposal. He commented that he
knew of no other development in the Twin Cities in which a restriction has been imposed by the city,
in terms of~he age of the residents.
Mr. Finley explained that when senior housing development is contemplated, the developer builds a
certain product that appeals to that segment of the market, and that is what is being proposed at this
site, by and large. He stated this development would appeal to senior citizens, and could be
marketed to these individuals, without a restriction from the City. He reiterated he knew of no other
cities that impose these restrictions.
Mr. Finley stated they were proposing to fit into the over-55 housing category, as defined by the
Federal Fair Housing Act. He explained that this category limits their ability to place restrictions,
and the developer could only require that one member of the household must be over 55 in 80
percent of the housing, and they could not restrict children. He stated the market would provide a
large number of senior citizens for this type of development. He indicated that single family homes
would certainly bring in more children than this proposal, and would create much more pressure on
the schools than they would ever have with this development. He stated their proposal may not have
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Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes - January 25, 2000
Page 11
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a restriction in the legal sense, but through the marketing of the units, it was likely there would be
fewer children than with single family development.
There was no other public input.
Motion by Apel, seconded by Dalien, to close the public hearings on Items 3 and 4, at 7:42 p.m.
Motion carried on a 6-ayes, O-nays, I-absent vote.
Commissioner Daninger requested clarification regarding the City Council's process for determining
this matter.
Mr. Hinzman explained that if a recommendation was made at that time, the Council would have for
consideration the Rezoning and Comprehensive Plan Amendment, the recommendation of the
Planning and Zoning Commission, the request from the developer with the new Preliminary Plat,
and the new covenants that have been submitted. He stated the Council would then proceed to
determine whether or not the covenant documents and the Preliminary Plat meet the requirements of
the Planned Unit Development and the Preliminary Plat, and if that is the case, would accept those
documents and approve them. He indicated that if the Council finds those items do not meet the
requirements, they could proceed with the Rezoning and Comprehensive Plan Amendment,
assuming that these actions would not be in conflict with State Statutes. He advised that the City
\ Attorney would review the Statutes to insure that the City is in compliance with them.
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Commissioner Daninger asked what would occur if the items were tabled at this time.
Mr. Hinzman indicated if the matter is tabled, and no recommendation is provided prior to
consideration of the Preliminary Plat, the Council could not accept those documents, or determine
they do not meet the requirements, and thereby rule the matter null and void prior to the March 2
sunset date. He advised that it was the Council's direction to have the option of the single-family
scenario before them at the time the Preliminary Plat is considered, in the event that the developer
does not meet the requirements of the Preliminary Plat.
Commissioner Apel stated the Planning and Zoning Commission, as an advisory group, would be
acting in the interest of the decision making function to forward the matter with' a recommendation
of some form, rather than tabling it. He stated he would at this time, argue for a recommendation of
approval.
Commissioner Falk inquired regarding the implications presented by the Statute cited by Mr. Finley.
Commissioner Apel stated this was to be determined by the Attorneys. He pointed out that it would
not take effect until March 3, and the Council appears to desire to have this matter in a position to
allow them to make a decision. He stated the Council members are the elected officials. He advised
: ) that they are required to hold a public hearing to inform the public, and although he was not certain
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000 D~ p..: .1\ ~ 11"
Page 15 . .-' lJ\. .r~l.if II
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Motion by Dalien, seconded by Daninger, to recommend to the City Council approval of Resolution
No. R -00, a resolution amending the Comprehensive Land Use Plan of the City of Andover to
change the Land Use District Designation from RM, Residential Medium Density to RU, Residential
Urban Single Family on 60 acres located in the NE l/4 of Section 22 owned by Grey Oaks, Inc. (PIN
22-32-24-11-0002). Motion carried on a 6-ayes, O-nays, I-absent vote.
Chair Squires stated the reason for this action is to provide the Council the opportunity to review the
minutes and adopt a specific reason, which in his mind, is the essence and the very reason that the
zoning change was made. He added that it also appears that by operation of law or otherwise, the
basis for the understanding and meeting of the minds of the City and the developer may no longer
exist, based upon the comments made.
Motion by Falk, seconded by Apel, to recommend to the City Council approval of Ordinance No.8
---' an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of
Andover. Motion carried on a 6-ayes, O-nays, l-abent vote.
commissioner Dalien stated the reasons for this action are the same as those outlined by Chair
Squires in the previous motion.
Mr. Hinzman stated these items would be considered at the March 6, Special City Council Meeting.
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j He indicated that this would occur after the expiration of the sunset clause, therefore the City
Council may desire to make a motion in this regard, during a regular meeting in February, at a prior
to that date. He stated that under the advice of legal counsd, the Council did not desire the
Comprehensive Plan Amendment and Rezoning be brought forward until after the expiration of the
one-year sunset clause.
DISCUSSION: REVIEW ZONING ORDINANCE - SIGNS IN RESIENTlAL DISTRICTS.
Mr. Hinzman stated the Planning and Zoning Commission, at the request of the City Council at their
January 4,2000 meeting, is asked to review Ordinance No.8 (the Zoning Ordinance), Section 8.07 -
signs in residential districts.
Mr. Hinzman stated this matter stems from earlier discussion regarding a request to allow a 32
square-foot sign to remain at property located on Prairie Road, where it has existed for
approximately 16 years. The City Council concurred with the Planning and Zoning Commission's
recommendation that there was no hardship on the property, and therefore, denied the request for
variance, however, directed the Planning and Zoning Commission to re-examine the provision of the
sign ordinance that allows signs in residential areas.
Mr. Hinzman stated staff has researched the sign provisions of other communities that are similar to
Andover, in terms of their location on the rural urban edge of the Twin Cities area. He indicated the
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CITY OF ANDOVER
\ REQUEST FOR PLANNING COMMISSION ACTION
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DATE: January 25, 2000
ITEM NO. 3 ORIGINATING DEPARTMENT
Public Hearinl!;: Planning
CPA 00-01
Land Use Change RM to RU John Hinzman
NE Y4 of Section 22 City Planner
City of Andover
Request
The Planning and Zoning Commission is asked to review an amendment to the
Comprehensive Plan to change the land use district designation from RM, Residential
Medium Density to RU, Residential Urban Single Family. The proposed 60 acre site is
owned by Grey Oaks, Inc. and is located in the NE Y4 of Section 22, north of the FOX
HOLLOW SUBDIVISION, between Nightingale Street and Hanson Blvd.
\ The Comprehensive Plan Amendment is submitted in conjunction with a rezoning to R-4,
)
Single Family Urban.
Applicable Ordinances
Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is
in conflict with the zoning ordinance, the zoning ordinance shall be brought into
conformance with the plan... after August 1, 1995, a local governmental unit shall not
adopt any fiscal device or official control which is in conflict with its comprehensive
plan."
Land Use Plan and Zoning Map
Often times, the land use plan and the zoning map are confused and thought to be the
same. The land use plan is general in nature and long range, the zoning map is short
range and precise. The land use plan sets the general guidelines for use by the Planning
Commission and City Council in reviewing and evaluating development proposals. The
zoning map is a tool to implement the land use plan. The land use map delineates the
general land use areas by type, such as residential, industrial, and commercial. The
zoning ordinance and accompanying map set forth and further refines permitted uses in
each zone and establishes requirements for each use in specific zones.
\
\ ) .
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 2
'\
) Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . RR, Residential Rural; unplatted rural development
East . Hanson Blvd - RU, Residential Urban Single Family; CAMBRIDGE
ESTATES
South . RU, Residential Urban Single Family - FOX HOLLOW
West . RR, Residential Rural- WITTINGTON RIDGE
Comprehensive Plan
The 1991 Comprehensive Plan identifies the following issues related to residential
development:
1. The City is experiencing tremendous pressure for development of residential
opportunities. Although the City desires to provide opportunities for a variety
of housing types, it is concerned with maintaining high standards of quality
and aesthetics.
2. As residential development occurs, the City is concerned with the controlled
extension of municipal services to ensure cost efficiencies.
.J 3. As residential development occurs, the City is concerned with providing
appropriate buffers between incompatible land uses.
4. As residential development occurs, the City is concerned with the provision of
adequate public facilities including schools, police and fire protection, parks,
connector streets, etc.
5. The City is concerned with the maintenance and preservation of its
agricultural lands.
The Plan identifies the following policies related to housing and residential land use:
. The City shall encourage a variety of housing types including multi-family.
. Planning and development of residential neighborhoods as units is encouraged.
. Residential neighborhoods shall be developed to ensure the continuity of street
patterns.
. Residential neighborhoods shall be protected from adverse environmental impacts
including noise, air and visual pollution.
. Residential neighborhoods shall be protected from encroachment or intrusion of
incompatible uses by buffering and adequate separation.
. Planned unit development shall be allowed in order to: (1) preserve open space, (2)
reduce unit land costs, (3) lessen the amount of new dedicated streets (thereby
\ reducing on-going repair and snow removal costs), (4) lower utility costs (through
, ) reduced footage and hence lower maintenance costs), and (5) reduce additional runoff
resulting from development.
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE 11, of Section 22, City of Andover Page 3
. . Mid-density development shall be encouraged on a planned unit basis and shall
"\ specifically include provisions for traffic circulation that would mitigate adverse
\ / affects on existing single-family residential neighborhoods.
History
. March 4, 1997 - Chesterton Partnership, the owner ofthe proposed parcel suggests the
City initiate a Comprehensive Plan amendment to exchange the RM, Residential Medium
Density designation from Chesterton Commons to the subject parcel. Chesterton
proposes to "construct senior citizen housing with many amenities."
. April 1, 1997 - City Council approves an amendment to the Comprehensive Land Use
Plan from RR, Residential Rural to RM, Residential Medium Density.
. March 2, 1999 - City Council approves the preliminary plat and planned unit
development (PUD) for Grey Oaks a 352 unit senior housing community consisting of2
- 65 unit apartment buildings, 6 - 30 unit apartments, 38 twin homes, 4 single family
homes, and 4 acres of commercial development. Conditions were placed on both the
PUD and plat to ensure development of a senior housing community.
. December 14, 1999 - The developer submitted a revision to the preliminary plat of
Grey Oaks totalling 516 units consisting of 18, 24, and 30 unit buildings.
Staff determined the proposal was not consistent with the conditionally approved plat and
I should be considered as a new submittal via the sketch plan process.
J
. January 4, 2000 - The City Council discussed the December 14th submittal of Grey
Oaks. The Council authorized staffto initiate a comprehensive plan amendment from
RM, Residential Medium Density to RU, Residential Urban Single Family.
. January 11,2000 - The developer of Grey Oaks petitioned the Planning and Zoning
Commission to withdraw the scheduled presentation and sketch plan discussion related to
Grey Oaks.
General Review
. The proposed change is more consistent with surrounding land uses. Single-family
urban development abuts the property to the east and south. The existing multiple
family designation creates an abrupt change in density from adjacent rural properties to
the north and west, where urban expansion is not planned.
. The December 14th Grey Oaks submittal exceeds the 6 units per gross acre maximum
density requirement of the RM, Residential Medium Density district. (8.6 units per
acre proposed).
. The area is currently within the Metropolitan Urban Sewer Area (MUSA).
. Staff is examining options for transferring the RM, Residential Medium density
\ designation to other properties. A formal comprehensive plan amendment request is
\ )
Comprehensive Plan Amendment 00-01 January 25, 2000 P & Z Report
NE 11. of Section 22, City of Andover Page 4
tentatively scheduled for the February 8, 2000 Planning and Zoning Commission
\ meeting.
I
Commission Options
The Planning and Zoning Commission has the following options:
1. Recommend approval of the proposed land use change.
2. Recommend denial of the proposed land use change, citing those reasons for
doing so.
3. Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the comprehensive plan amendment, subject to the
approval by Metropolitan Council.
Attachments
. Resolution for Approval
. Site Location Map
. Application
. Notice of Public Hearing
/
\
)
'. CITY OF ANDOVER
j COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION
FROM RM, RESIDENTIAL MEDIUM DENSITY TO RU, RESIDENTIAL URBAN
SINGLE F AMIL YON 60 ACRES LOCATED IN THE NE \14 OF SECTION 22
OWNED BY GREY OAKS, INC. (PIN 22-32-24-11-0002)
WHEREAS, The City of Andover has petitioned to change the land use district
designation from RM, Residential Medium Density to RU, Residential Urban Single
Family on approximately 60 acres owned by Grey Oaks, Inc., legally described as
follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
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;
/
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the amendment as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves said amendment to the Comprehensive Land Use Plan with the following
condition:
1. Approval by Metropolitan Council.
Adopted by the City Council of the City of Andover on this 15th day of February 2000.
CITY OF ANDOVER
ATTEST: I.E. McKelvey, Mayor
Victoria Volk, City Clerk
,
j
I ' . ~'--" . 1./""'. ~ , .
"'.
, CITY of ANDOVER..'
,
I
":'.685 CROSSTOWN.BOULEVARD N.Y". ~ANDOVER. MINNESOTA 55304.. (6'2)75.5~5'OO '.
. ,"' '. "
'.Lot'..~ ....Block "'Ad~ition'.:." ';',.. .....
. ~" '. PIN' :.;i~>5~~Qit,::,'iljdcO:2:.:.{; ~..:~'<:;.(:~;~;<,~~::./.L:.:::..\:::':'..:L.,:;~:~,:::>/i:~:::< >;:~::>;:::".:.. '~<>."
.... ... ..._ . ....' ..., L" cri me;" ",~~~I,; .""h th""'~rl"'I~~td'f"ptiO.{'"'t:;; ,,!L);:P "[tJ'
Is the property Abstract or Torrens: (To verify call the Anoka County Office at . . .
(612) 323-5400 with the property PIN number)' . . :
Abstract 'K Torrens
Reason for Request eemne IAl1d ftom ;t1-~ / Muff/f)}p. Owe/i/i79 fa
J
((-4 ,S{fJ9{e Family udoa/1 Per Cdr rOli/J r:/f r!/f(?":{./OV'J-
. Current Zoning )1-.;) Requested Zoning p-L{
\
Land Use District ("urrell? f( /Vi I pro/ij5ed f2f/J
,
-
Name of Applicant C:rr ty of- Andover
Address {bt66 crcJSS"+owfJ Rfln N?V AndcVe/{ ftlA/ (..-5,~O'l
\ Hom' Phon:?BUlJLhon, - Fax-
) UJ () 0
Sign'tille . 'J. ~~ Date ~ (~.
PIN 153224440001.0 PIN 153224430004.0 PIN 233224220052.0
APEL MAYNARD D & ELEANOR M PUTNAM JERRY & GLORIA CAMBRIDGE CAPITAL INC
OR CURRENT RESIDENT OR CURRENT RESIDENT 941 IDLLWINDDRNE#301
1-~\ 157THLN 1869 157TH LN FRIDLEY, MN 55432
. _ jOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340006.0 PIN 153224430003.0 PIN 223224240011.0
MURPHY CRAIG E & BRE1--TDA L CARDINALLA~NCEJ&JG OLSON ESTHER W
1965 107TH LN NW OR CURRENT RESIDENT OR CURRENT RESIDENT
COON RAPIDS, MN 55433 15785 NIGHTINGALE ST 15450 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340008.0 PIN 223224210006.0 PIN 223224210004.0
MITCHELL RUSSELL & PAMELA GOETZ MICHAEL J & KIM M SATHER GARY M & JOAN E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2032 157TH LN 15629 OSAGE ST 15532 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224430008.0 PIN 223224210007.0 PIN 223224110002.0
BLOOMSTROM SHELLEY JEAN MEAGHER ERIN J & DELANA S CHESTERTON P ARTNERSIDP
OR CURRENT RESIDENT OR CURRENT RESIDENT 3640 152ND LN
15711 NIGHTINGALE ST 15651 OSAGE ST ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
SCOTT OLMSTEAD HOMES GOR-EM, LLC STEVE KELLEY
10734 HANSON BLVD NW REMAX
COON RAPIDS, MN 55433 10732 HANSON BLVD NW 3351 ROUND LAKE BLVD
COON RAPIDS, MN 55433 ANOKA, MN 55303
, /
RESIDENT RESIDENT RESIDENT
15486 MARTIN STNW 15496 MARTIN STNW 1957 155TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
RESIDENT JERRY SAARENPAA
15476 EAGLE ST NW 40826 COUNTY RD 311
ANDOVER, MN 55304 DEER RIVER, MN 56636
,
J
CPA 00-01
" tfi1\ City of Change Land Use District from RM to RU
'j \[Y Andover City of Andover
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9 Opeo Space 'I!'" "'W ~~ 1 inch = 990 feet RF-l:ll.883
~~;:~~I~~::ures ~ ,\ M Date' January 12 2000
D Rlght.of-Way ap. ,
CITY OF ANDOVER
\ REQUEST FOR CITY COUNCIL ACTION
, /
DATE: February 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.
Rezoning David L. Carlberg
M-2, Multiple Dwelling to Community Development Director
R-4, Single Family Rural
NE y. of Section 22
0\ City of Andover
ReQuest
.
The City Council is requested to review request to rezone property from M-2, Multiple
Dwelling to R-4, Single Family Urban. The proposed 60 acre site is owned by Grey
Oaks, Inc. and is located in the NE Y. of Section 22, north of the FOX HOLLOW
SUBDIVISION, between Nightingale Street and Hanson Blvd.
J Staff expects this item to be combined with the discussion of the Comprehensive Plan
Amendment submitted in conjunction with the rezoning.
Background
The City Council should consult the Staff report and minutes from the January 25, 2000
Planning and Zoning Commission meeting for background information.
Attached is an ordinance amendment for Council consideration.
\
\ )
CITY OF ANDOVER
, COUNTY OF ANOKA
/ STATE OF MINNESOTA
ORDINANCE NO.8
AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING
DISTRICT MAP OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby
amended as follows (PIN 22-32-24-11-0002):
1) Rezone from M-2, Multiple Dwelling to R-4, Single Family Urban on
approximately 60 acres legally described as follows:
The most northerly 60.00 acres of the Northeast Quarter of Section 22,
Township 32, Range 24, Anoka County, Minnesota.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
)
Adopted by the City Council of the City of Andover on this 15th day of February
2000.
CITY OF ANDOVER
ATTEST: J.E. McKelvey, Mayor
Victoria V olk, City Clerk
\
J
CITY OF ANDOVER
\ REQUEST FOR PLANNING COMMISSION ACTION
-'
DATE: February 25, 2000
ITEM NO. 4 ORIGINATING DEPARTMENT
Public Hearing: Rezoning Planning
REZ 00-01, M-2 to R-4
NE \14 of Section 22
City of Andover John Hinzman
City Planner
Request. -~-~-_._-_.-- --- -.'-----...----
The Planning and Zoning Commission is asked to review the request of the City of
Andover to rezone land from M-2, Multiple Dwelling to R-4, Single Family Urban. The
proposed site is approximately 60 acres and is located in the NE \14 of Section 22, north of
the FOX HOLLOW SUBDIVISION, between Nightingale Street and Hanson Blvd.
) The Comprehensive Plan Amendment is submitted in conjunction with a comprehensive
plan amendment to RU, Residential Urban Single Family.
Applicable Ordinances
Ordinance 8, Section 5.02, establishes the procedure for changing zoning district
boundaries (rezoning).
Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit.
These same criteria have been utilized by the City in considering rezoning applications in
the past. The criteria include the following:
Effect of the proposed use upon the health, safety, morals and general welfare of
the occupants of surrounding land.
Effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
Effect on values of property and scenic views in the surrounding area.
\ Effect of the proposed use on the Comprehensive Plan.
)
Rezoning 00-01 January 25, 2000 P & Z Report
NE 14 of Section 22, City of Andover Page 2
'\ Ordinance 8, Section 6.02 establishes the minimum length, width and size for property
,j
they are as follows:
R-4, Single Family Urban: .
Lot Width at Front Setback - 80 feet
Lot Depth - 130 feet
Minimum District Area - 11,400 s.f.
Adjacent Land Use
Adjacent land use within 350' of the site includes the following:
North . R-l, Single Family Rural; unplatted rural development
East . Hanson Blvd - R-4, Single Family Urban; CAMBRIDGE ESTATES
South . R-4, sirigieFamilyUrbail::"F{JX HOCLDW----------
West . R-l, Single Family Rural- WITTINGTON RIDGE
History
\ . March 4, 1997 - Chesterton Partnership, the owner of the proposed parcel suggests the
) City initiate a Comprehensive Plan amendinent to exchange the RM, Residential Medium
Density designation from Chesterton Commons to the subject parcel. Chesterton
proposes to "construct senior citizen housing with many amenities."
. December 2, 1997 - City Council approves the rezoning from R-l, Single Family
Rural to M-2, Multiple Dwelling.
. March 2, 1999 - City Council approves the preliminary plat and planned unit
development (PUD) for Grey Oaks a 352 unit senior housing community consisting of2
_ 65 unit apartment buildings, 6 - 30 unit apartments, 38 twin homes, 4 single family
homes, and 4 acres of commercial development. Conditions were placed on both the
PUD and plat to ensure development of a senior housing community.
. December 14, 1999 - The developer submitted a revision to he preliminary plat of
Grey Oaks totaling 516 units consisting of 18,24, and 30 unit buildings.
Staff determined the proposal was not consistent with the conditionally approved plat and
should be considered as a new submittal via the sketch plan process.
. January 4, 2000 - The City Council discussed the December 14th submittal of Grey
Oaks. The Council authorized staff to initiate a comprehensive plan amendment from
'\ RM, Residential Medium Density to RU, Residential Urban Single Family.
j
Rezoning 00-01 January 25, 2000 P & Z Report
NE y. of Section 22, City of Andover Page 3
. January 11, 2000 - The developer of Grey Oaks petitioned the Planning and Zoning
'\ Commission to withdraw the scheduled presentation and sketch plan discussion related to
\ )
Grey Oaks.
General Review
. The proposed change is more consistent with surrounding land uses. Single-family
urban development abuts the property to the east and south. The existing multiple
family designation creates an abrupt change in density from adjacent rural properties to
the north and west, where urban expansion is not planned.
. Approximately 90-100 single-family homes could be developed on the site.
. The area is currently within the Metropolitan Urban Sewer Area (MUSA).
. Staffis examining options for transferring the M-2, Multiple Dwelling density
designation to other properties. A formal comprehensive plan amendment request is
tentatively scheduled for the February 8, 2000 Planning and Zoning Commission
meeting. --------------- -------------~_._------_.------ ------------------
Commission Options
The Planning and Zoning Commission has the following options:
1. Recommend approval of the proposed rezoning.
'\ 2. Recommend denial of the proposed rezoning, citing those reasons for doing
) so.
3. Table the item pending additional information from staff or the applicant.
Recommendation
Staff recommends approval of the rezoning.
Attachments
. Ordinance Amendment
. Location Map
. Application
. Notice of Public Hearing
:J
-....:. --
CITY of ANDOVER
~ ) 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER. MINNESOTA 55304 -(612) 755-5100
. . . . ... .
- COMPREHENSIVE PLAN AMENDMENT REQUESTFORM-~", (~': ":,' :-:::
".':': .' :. :.... ..... .:. . ": . .' ~" · :'. '.:' ,'" ~..': .~:~.. '., ....t..:....' . -"~'::':" .: :'::..:'.~..' :::'.~.~~.:'l~~Y:~lt'::i;:;;'{:f:i{~:;.~:Ui;~:}~:;:~':;'"~~':.::~r,
.. Property Address~~: ': /i/Etc:lrsec.,.~i. ~(3~'iJ'fi,?q0'.:'~":"',~":": '
'. .
Legal Description of Property: (Fillin whichever is' appropriate)'.\ : '. '. . '..,
>. . ," .
Lot Block . Addition' '. " . .
PIN: ;;t~- 3d.~:)L-I'~Il:'-Ooo;i: . .':." ..<, .-
(If metes and bounds, attach the complete legal description) . .. . .. . . " .....
. . ." . .
____~_____...__________ .-- ",-'--"--'-- ......1
------ - ---- .
Is the property Abstract or Torrens: (To verify this .call the Anoka County Office at
(612) 323-5400 with the property PIN number)
Abstract X Torrens
" Reason for Request Chart:JP Comp;ehe()SiLe PloII Lard use () /Sfdcf
/ -t/om ((/'It, f2e 5 i'defl H'u ( fVteCHiAiVl CeIJSifrfo {(U, Ke5.delJl,a{
() (60fl S /I'{j {e Fafl///ly Pel' Cd.,? COV/flCI Y d/feo{.,ol1.
{ (
, Current Land Use District R fv1. Current Zoning ;t1 <~ .
Requested Land Use District --'< LA
~ r
Name of Applicant C.'\~r OJ:. Andover
Address {b~5 CfcJS.S'-!owY\, 8/ud AJh/ AfldO/..er.;11/1/ 55:504
Home Phone 755-- Bus),ness Phone - Fax 7 {; 1)- <611~3
/~ ij
:_ ) Signature ("7 /l:"'c:::::JzA..1~M--e'V-- Date~ /2.. ( rt 2-000
CITY OF ANDOVER'
COUNTY OF ANOKA .
. STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
Rezone land from M-2,Multiple Dwelling to R-4,Single FainilyUrban.
. " .' . '.,. . .
. . .
PIN 153224440001.0 PIN 153224430004.0 PIN 233224220052.0
APEL MAYNARD D & ELEANOR M PUTNAM JERRY & GLORIA CAMBRIDGE CAPITAL INC
OR CURRENT RESIDENT OR CURRENT RESIDENT 941 HILLWINDDRNE#301
1781157THLN 1869 157TH LN FRIDLEY, MN 55432
, ')OVER, MN 55304 ANDOVER, MN 55304
/
PIN 153224340006.0 PIN 153224430003.0 PIN 223224240011.0
MURPHY CRAIG E & BRENDA L CARDINALLA~NCEJ&JG OLSON ESTHER W
1965107THLNNW OR CURRENT RESIDENT OR CURRENT RESIDENT
COON RAPIDS, MN 55433 15785 NIGHTINGALE ST 15450 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224340008.0 PIN 223224210006.0 PIN 223224210004.0
MITCHELL RUSSELL & PAMELA GOETZ MICHAEL J & KIM M SATHER GARY M & JOAN E
OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT
2032 157TH LN 15629 OSAGE ST 15532 NIGHTINGALE ST
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
PIN 153224430008.0 PIN 223224210007.0 PIN 223224110002.0
BLOOMSTROM SHELLEY JEAN MEAGHER ERIN J & DELANA S CHESTERTON PARTNERSHIP
OR CURRENT RESIDENT OR CURRENT RESIDENT 3640 152ND LN
15711 NIGHTINGALE ST 15651 OSAGE ST ANDOVER, MN 55304
ANDOVER, MN 55304 ANDOVER, MN 55304
SCOTT OLMSTEAD HOMES GOR-EM, LLC STEVE KELLEY
10734 HANSON BLVD NW REMAX
COON RAPIDS, MN 55433 10732 HANSON BLVD NW 3351 ROUND LAKE BLVD
COON RAPIDS, MN 55433 ANOKA, MN 55303
\
/ )
RESIDENT RESIDENT RESIDENT
15486 MARTIN STNW 15496 MARTIN STNW 1957 155TH AVE
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
RESIDENT JERRY SAARENPAA
15476 EAGLE ST NW 40826 COUNTY RD 311
ANDOVER, MN 55304 DEER RIVER, MN 56636
"
J
REZ 00-01
tFi1\ City of Rezone from M-2 to R-4
) \(Y Andover City of Andover
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D GR. General Recreation
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, DATE: February 15.2000
)
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
Jeff Johnson
ITEM NO.
Signs in Residential Zoned Districts
y,
At the January 4, 2000 City Council meeting, Council directed the Planning and Zoning Commission to
review our sign requirements in residential zoned districts. Staff was requested by the Council to report
back with a recommendation.
As you are aware, our current regulations allow up to four (4) square feet of signage per residential
dwelling.
Plannin!! and Zooin!! Commission Recommendation
Based on research provided by Staff, the Commission recommends the following changes to the
J ordinance:
1. The maximum square footage of signs remain at four (4) square feet on all platted parcels of
land, and on unplatted parcels ofland less than five (5) acres.
2. Unplatted parcels of land five (5) acres or greater shall be limited to a maximum of thirty-two
(32) square feet of signage.
Please provide input to Staff regarding this matter. lfthe Council feels that thirty-two (32) square feet is
excessive, then consideration should be taken to reduce this amount. Staff will schedule a public hearing
based on the Council's decision.
Attachments
Planning and Zoning Commission Staff Report (1/25/00)
Planning and Zoning Commission Minutes (1/25/00)
City Council Meeting Minutes (1/04/00)
,
)
CITY OF ANDOVER
,
REQUEST FOR PLANNING COMMISSION ACTION
DATE January 25, 2000
AGENDA ITEM ORIGINATING DEPARTMENT APPROVED FOR
AGENDA
5. Discussion: Planning
Review Zoning Ordinance (No.8) Jeff Johnson
Silms in Residential Districts BY: BY:
REQUEST I
I
I
The Planning and Zoning Commission at the request of the City Council at their January 4, 2000 meeting is I
I
asked to review Ordinance No.8 (the Zoning Ordinance), Section 8.07 - signs.in residential districts.
r
Our current sign regulations allow up to four (4) square feet of sign age per residential dwelling. Listed ;
below are the residential sign requirements for other communities that were researched by Staff.
City Maximum Square Footage
Allowed Per Dwelling
\
) Corcoran 2 s.f.
Dayton 4 s.f. "
E. Bethel 32 s.f.
Farmington 2 s.f.
Ham Lake 32 s.f.
Lakeville 32 s.f.
Minnetrista 4 s.f.
Oak Grove 24 s.f.
Ramsey 32 s.f.
ATTACHMENTS
1. Ordinance No.8, Section 8.07 - Residential Sign Regulations
2. Ordinance No.8, Section 3.02 - Defmition
(Agricultural Uses (Rural) and Non-Domestic Animals)
3. City Council Meeting Minutes (1/4/00)
.
,
, )
Staff has three (3) options for the Commission to consider. Please recommend one (1) to
, J the City Council.
l. Increase the maximum square footage allowed in the rural residential areas. The
Commission may want to consider square footage requirements between 16 and
24 s.f.
The Commission should consider a minimum acreage requirement for these larger
signs. A five (5) acre requirement works out well because:
a) They would be located out of platted areas of the City.
b) Agricultural uses (vegetable farms, the keeping of animals, etc.) require a
minimum of five (5) acres. There are a number of agricultural related uses
in the City.
A provision would have to be added that the message content of these signs shall
not advertise a home based business (with the exception of permitted agricultural
businesses). -
2. Utilize a scale similar to the following:
" Parcel Size Maximum Square Footage Allowed
, J
Less than 5 acres 4 s.f.
5 acres but less than 20 acres 16 s.f.
20 acres or greater 24 or 32 s.f.
A provision would have to be added that the message content of these signs shall
not advertise a home based business (with the exception of permitted agricultural
businesses).
3. Recommend to the City Council no changes to the current ordinance provisions.
I
,
/
, ~
) of a building (such as sign parapet wall or service station) may exceed the
-'
height limits provided such excess height is not over five (5') feet.
Service stations may erect one (I) pylon or pedestal sign not to exceed twenty-
five (25') feet in height in a setback area, provided no part of any such sign
shall be closer to the side lot lines than the required side yard setback, nor
within five (5') feet of the rear lot line or street right-of-way.
Multi-faced signs may be permitted, with the maximum square footage on
each side. Multi-faced signs shall not exceed two (2) times the area of single-
faced signs.
Signs on vacant lots shall be permitted in accordance with these regulations.
All comer and through lots shall be considered as having two (2) front lot
lines for application of regulations pertaining to signs.
(C) Permitted Signs. Signs shall be permitted by zoning district in
accordance with the following minimum standards:
(I) Residential Districts
I
Type: Residential Identification, Institutional, Tempori'lIY
(8TTT,II-19-91)
St)'te: Combination, Free-Standing, Pedestal, Wall
Number: One (I) per lot frontage
(f) Size: No more than four (4 s.f.) square feet per dwelling;,
Thirty-two (32 s.f.) square feet for non-residential signs offering a
residential development for sale and institutional signs (8TTT, 11-
'-..,/ ~
19-91) '.. , . \
, \ L\ '
... - Six (6 s.f.}sq\lare f~et for'r~~I estate signs Offering iildiviaual .. -- .- -.. ,.
properties either land and/or buildings, for sale, lease or rent;
, .
.1"\
,)
Height:' Not over ten (10') feet above grade except as otherwise provided
herein; Projection: Any sign over four (4 s.f.) square feet shall be set
back at least ten (10') feet from any lot line;
p -"
, Illumination: Indirect or diffused lighting of signs permitted, subject to
\ ) lumination controls.
(2) "GR" and "LB" Districts
74
,
, ) Regular Andover City Council }.leeling ~
~
JIinutes - January -+. 2000
Page -+
@ DENY VAJllANCE/RES/DENTlAL /DENTIFICA TION SIGN/14191 PRAIRJE ROAD/SUE
ROOKER . .
Mr. Carlberg reviewed the request of Sue Rooker to allow a 16-square-foot sign to remain on her
single family residential property. Ordinance 8, Section 8.07 regulates signs, and the maximum
square footage allowed per residential lot is four square feet. The Planning and Zoning Commission
is recommending denial because there is no specific hardship present. . The reason this was brought
to Staffs attention was because of a concern registered regarding the limousine service. The
Ordinance has been in place since 1971.
Sue Rooker. 14191 Prairie Road NW - stated the sign has been there for ten years, but she changed
it to a different name. She didn't know a variance was needed. No one ever said anything about her
sign before. She asked to be allowed to leave the sign for three to five years until she moves to
South Carolina, at which time she ""ill take the sign with her. She talked to the neighbors, who have
signed a petition stating they do not object to the sign. Ms. Rooker stated she changed the name to
reflect the fact that it belongs to her now.
~
I Councilmember Orttel stated he watched the public hearing on cable TV and noted some reservation
/
by the Planning and Zoning Commission, though they recommended to stay within the ordinance.
He stated in the western suburbs there are many small horse operations, and the people are proud of
their insignias. It seems to be fairly common. This is more than just a residence because of the
operations there. With the exception of the limousine service, this is no different than those horse
farms in other suburbs. He wondered if the City should consider allowing those hobby farms to have
larger signs. Without a change to the ordinance, however, he didn't see how the variance request
could be approved because there is no hardship. Mayor McKelvey agreed, suggesting those signs.
only be allowed in the rural areas, possibly on 10 acres or more.
Ms. Rooker - stated she is very proud of her sign and what she has done. It is a 10-acre parcel on
the edge of Coon Creek. She would not have put up the new sign if she had known it was in
violation of the ordinance. She doesn't plan on staying past five years and again asked to be allowed
to keep the sign until she leaves. She has only started the paperwork for the limousine service, so .
that is not operational at the moment. That service will be 99 percent in South Carolina. The sign
is an insignia of what she is doing here and in South Carolina. The sign doesn't harm anyone and
no one is objecting to it.
:
Motion by Knight, Seconded by Orttel, to send the issue to the Planning and Zoning Commission
in terms of looking at this type of signage as a part of the ordinance, and stay this item until a report
is received back. Motion carried on a 4-Yes, I-No (Jacobson) vote.
\
, }
\
; Agricultural use. Rural: An area of five (5) or more contiguous acres which
@ is used for the production of fann crops such as vegetables, fruit trees, grain and
other crops and their storage on the area, as well as for the raising thereon of
domestic animals, non-domestic animals and the raising and keeping of pleasure-
recreational animals. (8A, 2-14-75; 8B, 9-21-76)
Agricultural Use. Urban: An area of less than five (5) contiguous acres which
is used for the purpose of growing produce including crops, fruit trees, shrubs,
plants and flowers, vegetables, and the like, provided such produce is intended
solely for the use of owners on the property or sale away from the property. It
shall include the raising of domestic and pleasure-recreation animals. (8A,2-14-
75; 8B, 2-21-76; 8K, 11-05-80)
Airport or Heliport: Any land or structure which is used or intended for use, for.
the landing and take-off of aircraft, and any appurtenant land or structure used or
intended for use for port buildings or other structures or rights-of-way.
Allev: A public right-of-way which affords a secondary means of access to
abutting property.
Animals. Domestic: Animals commonly kept for pets, such as dogs, cats itnd
J similar animals. (8A,2-14-75)
(f) Animals. Non-domestic: Animals and poultry commonly kept for productive
purposes on a fann such as cattle, hogs, sheep, goats; chickens, and other similar
animals. (SA, 2-14-75)
Animals; Pleasure-Recreational: Animals not nonnally kept in a residence
such as horses, ponies, foals, donkeys, burrows, mules or others.
Apartment: A room or suite of rooms with cooking facilities which is oc;cupied
and nonnaily rented as a residence by a single family. Shall include buildings
with three or more dwelling units and efficiency units. (8BB,4-2-85)
Auto Reduction Yard: A lot or yard where two (2) or more unlicensed motor
vehicles or the remains thereof are kept for the purpose of dismantling, sale of
parts, sale as scrap, storage, or abandonment.
Basement: A portion of a building located partly underground but having less
than half itsfloor-to-ceiIing height below the average grade of the adjoining
ground.
) Boarding House: (Rooming or Lodging House): A building other than a motel
or hotel where, for compensation and by prearrangement for definite periods,
3
\
) of a building (such as sign parapet wall or service station) may exceed the
height limits provided such excess height is not over five (5') feet.
Service stations may erect one (I) pylon or pedestal sign not to exceed twenty-
five (25') feet in height in a setback area, provided no part of any such sign
shall be closer to the side lot lines than the required side yard setback, nor
v.rithin five (5') feet of the rear lot line or street right-of-way.
Multi-faced signs may be permitted, v.rith the maximum square footage on
each side. Multi-faced signs shall not exceed two (2) times the area of single.-
faced signs.
Signs on vacant lots shall be permitted in accordance v.rith these regulations.
All corner and through lots shall be considered as having two (2) front lot
lines for application of regulations pertaining to signs.
(C) Permitted Signs. Signs shall be permitted by zoning district in
accordance v.rith the follov.ring minimum standards:
(I) Residential Districts
,
)
Type: Residential Identification, Institutional, Temporary
(8TIT, 11-19-91)
Style: Combination, Free-Standing, Pedestal, Wall
Number: One (1) per lot frontage
cD Size: No more than four (4 s.f.) square feet per dwelling;
Thirty-two (32 s.f.) square feet for non-residential signs offering a
residential development for sale and institutional signs (8TIT, 11-
19-91 )
".. . Six (6 s.t:) square feet for real estate signs offeringindiviauaI - .. ~- .. .-.. .
properties either land and/or buildings, for sale, lease or rent;
Height: Not over ten (10') feet above grade except as otherwise provided
herein; Projection: Any sign over four (4 s.f.) square feet shall be set
back at least ten (10') feet from any lot line;
\ Illumination: Indirect or diffused lighting of signs permitted, subject to
\ j lumination controls.
(2) "GR" and "LB" Districts
74
Regular Andover Planning and Zoning Commission Meeting
Minutes - January 25, 2000
Page 15
,
,
I
Chair Squires stated the reason for this action is to provide the Council the opportunity to review the
minutes and adopt a specific reason, which in his mind, is the essence and the very reason that the
zoning change was made. He added that it also appears that by operation of law or otherwise, the
basis for the understanding and meeting of the minds of the City and the developer may no longer
exist, based upon the comments made.
Motion by Falk, seconded by Apel, to recommend to the City Council approval of Ordinance No.8
--' an ordinance amending Ordinance No.8, Section 6.03, Zoning District Map of the City of
Andover. Motion carried on a 6-ayes, O-nays, l-abent vote.
commissioner Dalien stated the reasons for this action are the same as those outlined by Chair
Squires in the previous motion.
Mr. Hinzman stated these items would be considered at the March 6, Special City Council Meeting.
He indicated that this would occur after the expiration of the sunset clause, therefore the City
Council may desire to make a motion in this regard, during a regular meeting in February, at a prior
to that date. He stated that under the advice of legal counsel, the Council did not desire the
Comprehensive Plan Amendment and Rezoning be brought forward until after the expiration of the
'\ one-year sunset clause.
)
DISCUSSION: REVIEW ZONING ORDINANCE - SIGNS IN RESIENTIAL DISTRICTS.
Mr. Hinzman stated the Planning and Zoning Commission, at the request of the City Council at their
January 4, 2000 meeting, is asked to review Ordinance No.8 (the Zoning Ordinance), Section 8.07 -
signs in residential districts. ~
Mr. Hinzman stated this matter stems from earlier discussion regarding a request to allow a,Jb
square-foot sign to remain at property located on Prairie Road, where it has existed for
approximately 16 years. The City Council concurred with the Planning and Zoning Commission's
recommendation that there was no hardship on the property, and therefore, denied the request for
variance, however, directed the Planning and Zoning Commission to re-examine the provision of the
sign ordinance that allows signs in residential areas.
Mr. Hinzman stated staff has researched the sign provisions of other communities that are similar to
Andover, in terms of their location on the rural urban edge of the Twin Cities area. He indicated the
maximum square-footage requirements in these communities range between two square feet and 32
square feet.
Mr. Hinzman stated staff has come .forward with recommendations for the Commission's
consideration. He indicated that the major concern was that they did not wish to allow large signs in
\
, )
\
) Regular Andover Ciry Council ,\leeting
Jlinutes - January.t. 2000
Page .t
@ DENY V ARlANCElRESIDENTIAL IDENTIFICATION SIGN/14I9I PRAIRIE ROAD/SUE
ROOKER .
Mr. Carlberg reviewed the request of Sue Rooker to allow a 16-square-foot sign to remain on her
single family residential property. Ordinance 8, Section 8.07 regulates signs, and the maximum
square footage allowed per residential lot is four square feet. The Planning and Zoning Commission
is recommending denial because there is no specific hardship present. . The reason this was brought
to Staffs attention was because of a concern registered regarding the limousine service. The
Ordinance has been in place since 1971.
Sue Rooker. 14191 Prairie Road NW - stated the sign has been there for ten years, but she changed
it to a different name. She didn't know a variance was needed. No one ever said anything about her
sign before. She asked to be allowed to leave the sign for three to five years until she moves to
South Carolina, at which time she \o';ill take the sign with her. She talked to the neighbors, who have
signed a petition stating they do not object to the sign. Ms. Rooker stated she changed the name to
reflect the fact that it belongs to her now.
'\
) Councilmember Orttel stated he watched the public hearing on cable TV and noted some reservation
by the Planning and Zoning Commission, though they recommended to stay within the ordinance.
He stated in the western suburbs there are many small horse operations, and the people are proud of -
their insignias. It seems to be fairly common. This is more than just a residence because of the
operations there. With the exception of the limousine service, this is no different than those horse
fanns in other suburbs. He wondered if the City should consider allowing those hobby farms to have
larger signs. Without a change to the ordinance, however, he didn't see how the variance request
could be approved because there is no hardship. Mayor McKelvey agreed, suggesting those signs
only be allowed in the rural areas, possibly on 10 acres or more.
Ms. Rooker _ stated she is very proud of her sign and what she has done. It is a 10-acre parcel on
the edge of Coon Creek. She would not have put up the new sign if she had known it was in
violation of the ordinance. She doesn't plan on staying past five years and again asked to be allowed
to keep the sign until she leaves. She has only started the paperwork for the limousine service, so .
that is not operational at the moment. That service will be 99 percent in South Carolina. The sign
is an insignia of what she is doing here and in South Carolina. The sign doesn't hann anyone and
no one is objecting to it.
,"'lotion by Knight, Seconded by Orttel. to send the issue to the Planning and Zoning Commission
in terms of looking at this type of signage as a part of the ordinance, and stay this item until a report
is received back. Motion carried on a 4- Yes, I-No (Jacobson) vote.
"
, /
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: Februarv 15. 2000
}
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Scott Erickson~l
Engineering
ITEM NO.
;
b. Acquisition of Property West of Public Works
On December 21, 1999, the City Council ordered an appraisal be performed on the property
located at 1813 Crosstown Boulevard NW. The appraisal was completed by the Taylor
Appraisal Company for this parcel. As you will note, the appraisal has identified the market
value of the property at $40,000. The appraisal essentially valued the lot as a "rural" lot at this
time and priced it accordingly. As the property owner has indicated an asking price of
$100,000 for the 2.28 acres the Council is requested to discuss presenting an offer to the
property owner and/or having the City Attorney negotiate with the property owner on the sale
of the property. The full appraisal is available in the engineering office for your review or if you
would like a full copy of the appraisal made, let me know.
\
)
)
'.
,
DEPARTED MARKET VALUE APPRAISAL
OF
i
1813 CROSSTOWN BOULEVARD
ANDOVER, MN
)
December 28, 1999
DENNIS E. TAYLOR, MAl, SRA
L-1589
:- )
.I
r1TTI
~t-:J,
I
r1fJ THE TAYLOR APPRAISAL COMPANY
,
I. / REAL EST ATE APPRAISERS . ANALYSTS
Il'?J
--, January 18,2000
fl'
IlFJ....
~~r
r~:lj.J,TI Mr. William G. Hawkins
d:> . William G. Hawkins and Associates
r'
2140 Fourth Avenue North
[j'~J Anoka, MN 55303
RE: DEPARTED MARKET APPRAISAL OF 1813 CROSSTOWN BOULEVARD,
m "~J'.. . ANDOVER, MN
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. Dear Mr. Hawkins:
[j~~J We have completed an appraisal of the above captioned property as you requested. We
-1 l certify that we have personally inspected the property.
nLI~] To the best of our knowledge and belief the statements off act contained in this report and
.. ~. upon which the opinions herein are based are true and correct, subject to the assumptions
~ -, - :] and limiting conditions explained in the report.
I'
J. Employment in and compensation for making this appraisal are in no way contingent upon
~j . ] the value reported, and we certify that we have no interest, either present or contemplated,
_, ["^' in the subject property. We have no personal interest or bias with respect to the subject
a.J. 'j.-~.J matter of the appraisal report or the parties involved. This appraisal assignment was not
t j . ." based on a minimum valuation, a specific valuation or approval of a loan.
L.J'-
rr.T[c~J." . Thi.s appraisal report identifi.es all of the ~imiting conditions ~in:posed by the ter:ns of our
lJ .:.' assIgnment or by the undersIgned) affectmg the analyses, oplmons, and conclusIOns
oj,: contained in this report.
[j_] The value indication in this appraisal assumes there is no soil, groundwater or
I environmental contamination in/on the subject pro~erty. An environmental assessment of
r'"J.""'1 the property has not been conducted to your appratser's knowledge. The owner states
L;~] that to his knowledge contamination does not exist. Should the subject property be
L conta~inated, the market value indicated.in t~is ~ppra~s~l is sub~ect to change. The
~T c-'1 app;alsers were not aware of any contammatlOn In t~elr mspectlOn bu~ they are not
b l~.J. envIronmental experts and therefore recommend an inspectIOn by envIronmental
companies if there are concerns.
O"J"
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"Jr
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; I-]c' 5955 GOLDEN VALLEY ROAD, SUITE 20 I, MINNEAPOLIS, MN '50122 . 6IV",",'60' FAX 6lV5oI2.9381
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] Mr. William G. Hawkins
, Page 2
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J / January 18,2000
J No one other than the undersigned prepared the analysis, opinions, or conclusions
concerning real estate that are set forth in the attached appraisal report.
J In our opinion, the subject property had a most probable "as completed" fee simple market
value on, December 28, 1999 of:
J FORTY THOU SAND DOLLARS..... ...... ..................... ..... .......... ........... ............ $40,000
] Personal property is not included in the above value. The marketing period is estimated to
be six months.
] The value conclusion of this report is our estimate based on accepted real estate appraisal
practice and has been made in conformity with and is subject to the requirements of the
Code of Ethics and Standards of Professional Conduct ofthe Appraisal Institute. This
] appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP)
as adopted by the Appraisal Foundation.
] ~ , If you have any questions or comments after reading the appraisal report, please contact
~: \ ) our firm.
. /
] Very truly yours,
COMPANY, INC
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aylor, MAl, SRA
] President! Appraiser
Certified General Real Property Appraiser
Minnesota State License #4000015
1 DET/mso/mf
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':t] PART I - INTRODUCTION
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iJ SUMMARY OF PERTINENT DATA
r Type of Property and Description: A single-family residential lot with a small
'-J house that contributes
r Address: 1813 Crosstown Boulevard, Andover,
\01 Minnesota
Owner: Larold E. & G. M. Thompson
fill
Client: City of Andover
,U Valuation Date: December 28, 1999
Site Size: 2.28 Acres
{J
Zoning: R -1, Single Family Residential
\01 Building Size: N/A
Building Age: N/A
n
l~~' Effective Age: N/A
Value Estimated By:
-] Cost Approach: N/A
0 Income Approach: N/A
Sales Comparison Approach: $40,000
I~ Reconciled Value Estimates:
Land Value: $40,000
in
Building Value: N/A
iJ Personal Property: Not Considered
Total Value: N/A
,...]
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. _ ,~~~~__""""~",,.,~,_____'~_~'___~"~__'_'~_~___ _~__._~_, ~___'_'_ .m'~'____'_~
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1 SUMMARY OF PERTINENT DATA - CONTINUED
,
I j Fee Simple Value:
Leasehold Interest: $ 00.00
I Leased Fee Estate: $ 00.00
I Highest and Best Use of Site:
1 As Unimproved: A municipal use that conforms to zoning and
is conducive to surrounding land uses.
As Improved: "As is"
1
Major Considerations: We assume the subject property is free of
1 contamination. If information becomes
available to prove otherwise, the market
value estimated in this report is subject to
1 change.
Acknowledgements: Ken Nielsen, M. Stephen O'Sullivan,
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J' / THE TAYLOR PLAT MAP
l APPRAISAL COMPANY
J
J III - ANALYSIS OF DATA AND OPINIONS OF THE APPRAISER
] J
mGHEST AND BEST USE
J When market value is estimated for a property, a highest and best use analysis is
conducted. A complete analysis ultimately identifies the most profitable use to which a
property can be put.
J The Appraisal of Real Estate Ninth Edition. 1989. defines highest and best use as follows:
J The reasonable probable and legal use of vacant land or an improved property, which is
physically possible, appropriately supported, financially feasible, and that results in the
highest value. Before the value of a property can be determined, its use must be identified.
] This use is carried through each approach.
Cost Approach - Comparable land sales must share a similar potential use to the subject
] site, Construction costs of similar improvements are collected, and accumulated
depreciation is analyzed for its effects on the present use of the property.
] Income Approach - Market rents and market extracted capitalization rates should be
collected from properties having similar uses.
J. Sales Comparison Approach - Comparable building sales must also share a similar use to
j the subject.
J Four tests can be applied to determine the use that results in the highest value of the
property:
J 1. Physically Possible
2. Legally Permissible
J 3. Financially Feasible
4. Maximally Productive
J Physically Possible
The characteristics of a vacant site may prohibit development that would otherwise create
J the highest value. Size, shape, topography, utilities, and soil conditions must be
considered in any site development.
J As improved, physical characteristics of the building must be analyzed, such as the size,
design and condition. If the building can be improved through conversion, the costs of
this conversion must be considered.
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] Thp T~II'"l('\r Annr~1C!.~1 rnmn!:anv ?7
/ " HIGHEST & BEST USE - CONTINUED
\j
Legally Permissible
A vacant site must be analyzed for the uses allowed by zoning. In addition, private
restrictions, environmental regulations, and long-term leases, if any, could hinder
development and, therefore, must be carefully considered.
Prior to converting an existing improvement, the zoning and municipal building codes
should be reviewed. Often a change in use may be prohibitive due to city requirements,
particularly if the building is non-conforming.
Financially Feasible
Many uses are eliminated after determining those that are physically possible and legally
permissible. The financially feasible test narrows the possibilities further by determining
the uses that are likely to produce an income or return, equal to or greater than the
expenses charged to the development. Ifthe net income satisfies the anticipated rate of
return on the investment and provides a return to the land, then the use is considered
financially feasible.
Maximally Productive
) After the financially feasible uses are determined, the use that produces the highest value is
the maximally productive use.
Hil!:hest and Best Use as Vacant
Assuming the site is vacant the highest and best use is a single-family residential use that
conforms to zoning and is conducive to surrounding land uses.
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] ESTIMATE OF LAND VALUE
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J The subject site is valued as vacant and available for development to its highest and best
use. Land value is estimated through the process of comparison to similar vacant land
] sales.
The market is researched for recent sales of sites that are comparable to the characteristics
] of the subject site including utility, location, size, shape, zoning and other physical
characteristics. This is the most reliable process of estimating land value. In the subject's
case, several vacant land sales were available.
J Notable facts of thirteen (13) comparable land sales are summarized on the following
page. After reviewing the pertinent details of each sale, we have decided to further
] analyze Sales #1, #5, #6, #9 and #10. We will make adjustments for the items of
difference on these sales. The sales are subsequently adjusted for major differences in
comparison to the subject.
] Details of each sale are on the following pages.
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~; APPRAISAL COMPANY N
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"l The average sale price of these five residential land sales, before any adjustments, is
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:J $37,720 per site. After adjustments, these sales have an average sale price of $40,900 per
J site. This change of$3,180 per site is an 8% change in value per site.
J ADJUSTED
TOTAL # OF NET % OF PRICE/SITE
COMP # ADJUSTMENTS ADJUSTMENTS (ROUNDED)
J 1 1 (10%) $40,300
J 5 2 (5%) $41,300
6 1 (10%) $41,700
'1 9 1 (10%) $40,500
10 2 (14%) $40,800
J [.
AVERAGE $40,900
1: ,
J The comparable land sales indicate a value range of $40,500 to $41,700 per site after
adjustments. In our opinion, all of the sales are comparable due to their low net
] percentage of adjustments. In addition these sales are most similar to the subject in regard
to location. In our opinion, the subject site has an estimated value of$41,000 per site.
1 Value of the Site $ 41,000
J Less, Cost of demolishing and hauling the improvement: $ 1.000
$ 40,000
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] Thp. T~nTlnr Annr!:l1c~1 rnrnn~n" .d..d.
CITY OF ANDOVER
REQUEST FOR HRA ACTION
~. DATE: February 15. 2000
,
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes \ \j,
City Clerk \J,
ITEM NO.
(0,
Approval of Minutes
The Andover Housing & Redevelopment Authority is requested to approve the following
minutes:
January 4, 2000 Regular Meeting
February 1, 2000 Regular Meeting
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, CITY OF ANDOVER
REQUEST FOR HRA ACTION
DATE: February 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
HRA Discussion Item Community Development
ITEM NO. David L. Carlberg
Public Hearin~ Community Development Director
Award 2000 CDBG Funds
Public Service Agencies
I.
ReQuest
The Andover Housing and Redevelopment Authority (HRA) is asked to allocate CDBG
! Public Service Pool Funding to perspective public service agencies.
Prol!:ram ReQuirements
The Public Service pool is part of the general Community Development Block Grant (CDBG)
budget. CDBG funding is allocated by the federal Housing and Urban Development (HUD)
agency and monitored by Anoka County. BUD limits public service funding to 15% of total
allocation. Andover's $7,600 public service allocation represents the maximum amount
allowed. In order for a project or agency to be eligible for funding, every CDBG funded
activity must benefit low and moderate income persons.
Backl!:round
On February 1,2000 the HRA allocated $7,600 to the public service pool from the General
CDBG Budget.
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Page Two
2000 Social Service Disbursement
February 15,2000
Alexandra House, Inc.
Alexandra House provides domestic violence services to women and families. The
organization has served 615 Andover residents with over 1,362 services. The following goals
have been identified to serve the needs of Andover residents in 2000 and beyond:
. To provide information/education regarding the nature and scope of victimization,
prevention strategies and information describing Alexandra House, Inc. Direct Services
and our availability.
. To provide assistance in meeting the self-defined needs of battered women and families.
. To provide assistance pursuing civil, criminal and family court remedies.
. To improve the community's response to battered women and children by assessing
systems, changing needs as appropriate and developing a plan targeting at least one
, system for improvement such as schools, churches, legal law enforcement, medical, senior
/ assistance, mental health, social services, courts, etc.
Anoka County Community Action Program, Inc. (ACCAP)
ACCAP provides assistance low and moderate income seniors and disabled adults to obtain
assistance such as food programs, health services, energy assistance, and crisis home repairs,
etc. ACCAP would use funding to continue providing a senior outreach worker, Bonnie
Stasik, for 10 hours a week for 44 weeks a year.
ARC Anoka, Ramsey and Suburban, Inc.
ARC is an advocacy organization consisting of people with developmental disabilities,
parents, professional and concerned citizens of the communities served. ARC provides an
array of programs such as toy and adaptive equipment library, affordable housing program,
support groups, individual and systems advocacy, information and referral, and community
awareness programs. Approximately 100 people form the City of Andover use ARC
services.
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Page Three
2000 Social Service Disbursement
February 15,2000
Funds will be used to provide the following services to Andover citizens:
. Individual advocacy and support services to 6-8 adults with developmental
disabilities and their guardians to help obtain services, resolve issues or pursue their
rights.
. People First self advocacy group meetings and activities for adults with
developmental disabilities in Andover.
. Toy and Adaptive Equipment Lending Library for 3-5 families in Andover.
Central Center for Family Resources - Bridgeview
Bridgeview is a psychosocial rehabilitation program serving adults who are experiencing
" serious and persistent mental illness. Bridgeview provides a range of social interaction,
/ recreational activities, workshops, creative experiences, support groups, emotional support
and learning opportunities for their clients, The main goal of Bridge view is to provide a
comfortable place for members to interact with others, reduce isolation, avoid hospitalization
and to assist members in maintaining successful living communities.
CDBG funds will be used to provide transportation services for clients.
Community Emergency Assistance Program (CEAP)
CEAP's Family Services provides food shelf assistance, financial assistance and a Back-to-
School program to low/moderate income individuals and families. Food assistance through
the food shelf may be used once every thirty days, receiving enough food for their households
for five days. Financial assistance includes rental/mortgage assistance, utility assistance,
special needs assistance and transportation assistance. The Back-to-School program is a one-
of-a-kind service in Anoka County. The program provides school supplies to approximately
1,200-1,500 children each year. The goal of CEAP is to prevent crisis from occurring and to
prevent hunger and homelessness. Andover funds would be used to provide case management
and foods for clients from Andover. CEAP provide food shelf services for 86 Andover\Ham
Lake families. CEAP will also provide financial assistance to 9 Andover families.
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Page Four
2000 Social Service Disbursement
February 15,2000
Family Life Mental Health Center
The goal of Family Life Mental Health Center is to provide the full array of professional
outpatient mental health services to low income residents and Andover and greater Anoka
County. In the last fiscal year services were provided to over 60 patients (600 visits) who
listed their residence as Andover, Over 75% were low income and were treated for chronic
problems of mental health. Family Life intends on using any funds to subsidize the care for
low income and disabled residents of Andover.
North Anoka Meals on Wheels
North Anoka Meals on Wheels serves hot, nutritionally balanced meals to the homebound
elderly and handicapped in Andover and surrounding communities. These meals meet the
requirement of 1/3 of their daily nutritional requirement. They also check on their clients on a
daily basis and do referral when necessary,
'. North Suburban Counseling Center
, J
North Suburban Counseling Center's goal is to provide professional, high quality outpatient
mental health services to the uninsured or underinsured residents of Anoka County that is both
accessible and affordable. The individual that we serve would other wise be unable to access
or afford this care. The primary goal is to I provide the mental health and lives of the people
living in the community and this County. North Suburban would use funding to provide
individual, couple and family counseling services, as well as psychiatric services, to the low-
income residents of Andover. The acuity of those served ranges from moderate to severe
impairment.
Northwest Suburban Kinship
Northwest Suburban Kinship provides a one to one youth mentor\friendship program. They
serve youth ages 3-17 from single parent low income homes providing the youth with a
positive adult role model. Participants spend quality time doing things the two of they enjoy
and through these activities learn skills that help them get along better with family, school and
in their neighborhood, becoming productive adult members of our community. Kinship also
provides the members with group activities money. Their goal is to provide every youth in
need of a mentor with a mentor.
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Page Five
2000 Social Service Disbursement
February 15,2000
Resource Center for Fathers & Families (previously Fathers' Resource Center)
Resource Center for Fathers & Families fosters environments that empower men to develop
the inner resources to be the kind of fathers their children and families need by providing
resources that effectively educate, advocate, and support fatherhood. The Anoka County
office provides parenting classes, father support groups, anger management courses, family
law advice clinics and shared parenting courses for low and moderate income fathers and their
families.
Rise, Inc.
Rise was established for the purpose of planning, developing, and operating cost-effective and
comprehensive vocational rehabilitation programs for persons with mental, physical,
developmental, emotional, and learning disabilities. The ultimate goal of Rise programs and
services is to help men an women with disabilities become as independent and self-sufficient
as possible. Rise would use the funding to help purchase five vehicles for transportation
\ services (two mini-buses with wheelchair lifts and three IS-passenger vans) needed to
j
transport the men and women in our programs to their jobs each day. We are serving 27
residents of Andover.
Fundinl! Options
Awarding funds to agencies is made difficult by the amount available. Staff proposes the
following allocation methods:
. Fund previous recipients at reduced rates from what was reecived last year. Total
funding allocated to agencies last year was $8,000. All previously funded agency requests
could be reduced equally (95% of what was received in 1999)to reach the $7,600 total.
Resulting totals appear below.
. Fund 2-3 agencies at requested amounts. The HRA may choose to fund only 2 or 3
agencies at the requested amount. Funded agencies may remain the same from year to year or
may compete for funding based on special projects serving Andover,
. Fund previous recipients at requested levels on a 3-4 year cycle. A total of 8 agencies
were funded last year. The HRA may choose to fund 2-3 agencies a year on a 3-4 year cycle,
Agencies would receive funding only once during the cycle.
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Page Six
2000 Social Service Disbursement
February 15,2000
2000
Organization 1999 2000 Reduced
Allocation Request by%
Alexandra House $ 545 $ 2,000 $ 518
Anoka County Community Action Program $2,052 $ 7,938 $1,949
ARC Anoka, Ramsey and Suburban, Inc. $ 0 $ 1,000 $ 0
Central Center for Family Resources $ 0 $ 500 $ 0
Community Emergency Assistance Program $1,226 $ 2,000 $1,165
Family Life Mental Health Center $ 817 $ 2,000 $ 776
orth Anoka Meals on Wheels $1,173 $ 4,094 $1,114
, orth Suburban Counseling Center $ 817 $ 1,500 $ 776
/ orthwest Suburban Kinship $ 545 $ 1,000 $ 518
Resource Center for Fathers & Families $ 0 $ 1,000 $ 0
Rise 825 2000 $ 784
TOTAL $8,000 $25,032 $7,600
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
HRA RES. NO. R002-00
A RESOLUTION APPROVING DISBURSEMENT OF PUBLIC SERVICE POOL FUNDS
OF THE 2000 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET
WHEREAS, the Housing and Redevelopment Authority recognizes the need to use
Community Development Block Grant Public Service pool funds for the betterment of
Andover residents; and
WHEREAS, the County of Anoka makes said funds available to the City through the United
States Department of Housing and Urban Development, following guidelines established for
the use of Community Development Block Grant funds; and
WHEREAS, the City will receive funds distributed by Anoka County to conduct projects for
, the residents of the City for the 2000 fiscal year.
,
. ---./
NOW, THEREFORE, BE IT RESOLVED, that the Housing and Redevelopment Authority of
the City of Andover hereby approves the following allocation amounts for 2000 Community
Development Block Grant Public Service Pool Funds as indicated on Attachment A-I.
Adopted by the Housing and Redevelopment Authority of the City of Andover on this
15th day ofFebruarv. 2000.
CITY OF ANDOVER
ATTEST: lE. McKelvey, Chairperson
Victoria V olk, City Clerk
)
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... " :
ATTACHMENT A-I
2000 Public Service Pool Allocations
Organization 1999 2000
Allocation Request
Alexandra House $ 545 $2,000
Anoka County Community Action Program $2,052 $7,938
ARC Anoka, Ramsey and Suburban, Inc. $ 0 $1,000
Central Center for Family Resources $ 0 $ 500
Community Emergency Assistance Program $1,226 $2,000
Family Life Mental Health Center $ 817 $2,000
orth Anoka Meals on Wheels $1,173 $4,094
orth Suburban Counseling Center $ 817 $1,500
orthwest Suburban Kinship $ 545 $1,000
Resource Center for Fathers & Families $ 0 $1,000
Rise $ 825 2000
TOTAL $8,000 $25,032
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, DATE: February IS, 2000
)
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Administration
Richard Fursman
ITEM NO.
~, Disciplinary Action
REQUEST:
The council is requested to take final action regarding the demotion of the former street supervisor.
Findings have been made by the administrative law judge confirming the City's assumption that there
was 'just cause' for the demotion. A resolution is attached for council consideration. Minutes of closed
meetings conducted in preparation of the hearing can now be made public and are part of the packet.
I
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02/07/00 14:52 LRW OFFICES 2140 4TH RVE ~ 612 755 8923 NO. 120 Gl03
I RESOLUTION OF THE CITY COUNCIL
\
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
i
IN THE MATTER OF THE Employee Complaint brought by employee
! Raymond Sowada pursuant to Section 29 of the City of Andover Personnel
i
I Policy.
FINDINGS
i
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I , . The City Administrator determined to demote employee
Raymond Sowada from the position of public works street supervisor to the
: position of public works maintenance person, pursuant to Section 6 of the
,
I
I City of Andover Personnel Policy.
,
2. Pursuant to Section 29 of the City of Andover Personnel Policy,
Employee Raymond Sowada filed a Complaint requesting review by the City
Council.
I 3. The City Council determined to refer the Complaint to a neutral
I
I
fact-finder for findings of fact and recommendations.
4. A contested hearing was held on December 14 and 15, 1999
I before Administrative Law Judge Beverly Jones Heydinger of the Office of
Administrative Hearings.
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FEB 07 '00 14:57 421 4213 PAGE,03
02/07/00 14:52 LRW oFFICE5 2140 4TH RVE ~ 612 755 8923 NO. 120 GJ04
5. That by decision dated January 31, 2000, Administrative Law
/
Judge Heydinger issued her Findings of Fact, Conclusions and
Recommendation.
I
6. Administrative Law Judge Heydinger recommended that the
! demotion of employee Sowada be upheld.
,
I
7. The City Council has reviewed and hereby adopts the Findings
I of Fact, Conclusions and Recommendation of Administrative Law Judge
I
, Heydinger,
I ORDER
I 1- The Employee Complaint filed by employee Raymond Sowada is
denied and the demotion is upheld.
2. The City Administrator is directed to take all action necessary to
/
implement the terms of this Order.
Adopted by the City Council this 15'" day of February, 2000.
Mayor
City Clerk
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2
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FEB 07 '00 14:57 421 4213 PAGE. 04
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: February IS, 2000
J
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Administration
Richard Fursman
ITEM NO.
q. Appoint Street Supervisor
REOUEST:
The City council is requested to appoint Jeff Okerstrom from interim to permanent street supervisor.
Mr. Okerstrom has been acting street supervisor since November and has performed the duties capably,
especially given the uncertain circumstances. The department and individual in charge have
demonstrated growth and quality during the aforementioned time period.
(This item was originally before the council on September 21. It was tabled pending the outcome of a
related hearing.)
I
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: September 21, 1999
/
AGENDA SECTION ORIGINATING DEPARTMENT
ADD-ON ITEM - 23 Administration
Richard Fursman
ITEM NO. 23
-
Approve Hire/Public Works Maintenance Supervisor
REOUEST:
The City Council is requested to consider the appointment or the contingent appointment of Jeff
Okerstrom as the Street Supervisor.
Jeff has been with the City for four years and has an excellent work record. He is anticipated to
represent the City and his department in a professional enthusiastic way.
I wish to advise the Council that six individuals from public works participated in the process, and all
did an excellent job. The process was difficult, yet encouraging and informative.
/
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, Regular Andover City Council Meeting
; Minutes - September 21, 1999
Page 11
CONSIDER PARTICIPATION IN METROPOLITAN LIVABLE COMMUNITIES ACT
Mr. Carlberg explained for the year 2000, it is the fifth year the City is being asked to participate in
the Metropolitan Livable Communities Act Housing Incentive Program. The Metropolitan Council
run program provides for and promotes affordable livable housing. By not participating, the City
looses approximately $15 million for maintaining or developing housing, clean up of polluted sites
and other local housing programs. To participate, the City must contribute on an annual basis an
Affordable and Life-Cycle Housing Opportunities Amount. The total contribution for 1997-1999
is $32,716.55; however, the City's TIF assistance for the Farmstead project is a qualified
contribution, and one year ofTIF assistance exceeds the entire ALHOA amount. The biggest issue
is that the City must set affordable and live-cycle housing goals for the City and negotiate those goals
with the Metropolitan Council. This program is voluntary, and the City can opt out on a yearly basis.
The Council briefly discussed the issue, noting housing of35 percent non-single family or 25 percent
rental housing does not fit out here. There was some interest to see what goals could be negotiated.
Motion by Jacobson, Seconded by Orttel, to decide not to join the Livable Communities Act by the
calendar year 2000. Motion carried on a 4- Yes, I-No (McKelvey) vote.
,
APPROVAL OF CLAIMS
Motion by Jacobson, Seconded by Knight, to approve the Claims as presented by Staff. Motion
carried unanimously.
*" APPROVE HIRE/PUBLIC WORKS MAINTENANCE SUPERVISOR
Motion by Knight. Seconded by Orttel. to table item 23 until the issue is resolved. Motion carried
unanimously.
The Council met in executive session to discuss the grievance procedure of the Street Supervisor,
10:28; reconvened at 11 :00 p.m.
Motion by Jacobson, Seconded by Johnson, to adjourn. Motion carried unanimously.The meeting
adjourned at 11:01 p.m,
, Respectfully subE.1itted, .
i '~~l,~ G~ ~L
Mar la A. Peach, Recording Secretary
CITY OF ANDOVER
\ REQUEST FOR COUNCIL ACTION
, j
DATE: 2/8/00
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
Non-Discussion/Consent Agenda FOR AGENDA
Frank Stone - Public Works
Superintendent
ITEM NO. BY:
2000 Street Sweeping Quotes
\f)
We received quotes from four contractors to assist in the sweeping of Andover streets
this spring.
Allied Blacktop Company $74.00/hour
Mike McPhillips, Inc. $64.00/hour
Astech Technologies Corp. $60.00/hour
Pearson Brothers, Inc. $63.00/hour
We recommend Astech Technologies Corp. be contracted at $60.00 per hour to assist
us in the spring street sweeping. It looks as though they will be available to start
; anytime the weather permits.
Now that we have two sweepers of our own, we should be able to cut the contract
sweeping cost in half. We will start by sweeping around the lake areas and then all City
mains and residential areas.
The funds for sweeping contractors are in the 2000 Streets and Highways General
Operating Budget. This process usually takes up to three to four weeks.
,
.' ) file: g:\word\counclllsweep
CITY OF ANDOVER
'\ REQUEST FOR COUNCIL ACTION
, .-
Date: 2/10/00
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
Non-Discussion/Consent Item BY: FOS
Frank Stone - Public Works
Superintendent
ITEM NO.
Authorization to Sell Used
~ruiPment
\ .
We have four pieces of equipment that the Public Works Division is no longer in need of.
New replacements have been purchased or they have reached the time of retirement.
The equipment for sale is listed below:
1975 Sewer Jet Unit
1990 Sewer Vac-con Unit
This equipment has been replaced with one new combination unit.
1969 Oil Distribution Truck
1987 Utility Box
, i
We would like to advertise this equipment in the Minnesota League of Cities publications
and also advertise it in some of our local dealers. These bids will be brought to the
Council for approval in the best interest of the City.
Any questions on this item, please contact me at the Public Works Department.
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file: g:lwordlccformllforsale.doc
l~l CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ ~ Y DATE: Februarv 15, 2000
J
J
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~t
Engineering ,
ITEM NO.
dAccept Feasibility ReporU99-35/Woodland Estates 2nd Addition
I ,
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing, ordering improvement and directing preparation of plans and specifications for
the improvement of Project 99-35 for sanitary sewer, watermain, street and storm sewer in the
area of Woodland Estates 2nd Addition.
.
)
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CITY OF ANDOVER
COUNTY OF ANOKA
\ STATE OF MINNESOTA
)
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 99-35 FOR SANITARY SEWER.
WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA
WOODLAND ESTATES 2ND ADDITION.
WHEREAS, the City Council did on the 4th day of Januarv ,2000, order
the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by MFRA and
presented to the Council on the 1st day of Februarv ,2000; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $1,081,600.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
/ Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $1,081.600.00 waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm
of MFRA to prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 148,000.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 15th day of Februarv , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\ Victoria Volk - City Clerk
/
l~1 CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: Februarv 15. 2000
)
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson, ~
Engineering
ITEM NO.
\5:ccept Feasibility Report/99-36/Sunridge
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing, ordering improvement and directing preparation of plans and specifications for
the improvement of Project 99-36 for sanitary sewer, watermain, street and storm sewer in the
area of Sunridge.
The feasibility report was provided to the Council at the last City Council meeting.
, /
, )
.
CITY OF ANDOVER
COUNTY OF ANOKA
, STATE OF MINNESOTA
)
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 99-36 FOR SANITARY SEWER.
WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA
SUNRIDGE .
WHEREAS, the City Council did on the 21st day of December, 1999,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by SEH and
presented to the Council on the 15th day of February ,2000; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 484.800.92.
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 $ 484,800.92 waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm
of SEH to prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 73,000.00 with such payments to be made
prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 15th day of February , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
\ Victoria Volk - City Clerk
I
- CITY OF ANDOVER
(~) REQUEST FOR COUNCIL ACTION
\ ~ Y DATE:
) - February 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~(
Engineering
ITEM NO.
Award Bid/98-22A/Well-Pumphouse #7
l~.
The City Council is requested to approve the resolution accepting bids and awarding contract
to Magney Construction, Inc. in the amount of $374,400.00 for the improvement of Project 98-
22A, Well-Pumphouse #7.
The bids received are as follows:
Contractor Bid Amount
) Magney Construction, Inc. $374,400.00
EnComm Midwest, LLC $376,348.00
Municipal Builders, Inc. $381,850.00
Ebert, Inc. $403,000.00
Gorham Oien Mechanical $477,500.00
Engineer's Estimate $420,000.00
It is recommended to award the base bid which includes the architecture previously authorized
by the Council and also includes the removal of an old pressure tank inside well-pump house
#1
,
J
,
) CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 98-22A FOR WELL-PUMPHOUSE
#7.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 236-99 ,dated November 16, 1999, bids were received,
opened and tabulated according to law with results as follows:
Magney Construction, Inc. $374,400.00
EnComm Midwest, LLC $376,348.00
Municipal Builders, Inc. $381,850.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate Maqnev Construction. Inc.
as being the apparent low bidder.
/
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with Maqnev Construction, Inc. in the amount of
$374.400.00 for construction of the improvements; and direct the City Clerk to
return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the contract
has been executed and bond requirements met.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 15th day of Februarv ,2000 ,with
Council members voting in favor
of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
) Victoria Volk - City Clerk
FEB-08-2000 15: 11 651 292 0083 P.02/05
TKDA TOLTZ. KING, DUVALL, ANDERSON
AND ASSOC'ATES. 'NCORPORATED
,
) ENGINEERS. ARCHITECTS' PLANNERS 1 SOO PIPER JAFFlU V pv.zA
..... CEDAR STREET
SAINT PAUL. UINNESOTA ~S101-2140
PHONe,8lI11292-4400 FAX:6511292'0083
February 8, 2000
SCOll Erickson, P .E.
City Engineer
City of Andover
1685 Crosstown Boulevard Northwest
Andover, Minnesota 55304-2612
Re: Well Pumphouse No.7
City of Andover
TKDA Commission No. 11288-06
Dear Mr. Erickson:
Bids for the referenced project were received on January 26,2000 with the following results:
Contractor Base Bid
Magney ConstrUction, Inc. $374,400.00
, ) EnComm Midwest, LLC $376,348.00
Municipal Builders, !ne, $381,850.00
Ebert, Inc. $403,000.00
Gorham Oien Mechanical $477,500,00
Engineer's Estimate $420,000.00
In our opinion it is in the best interest of the City to award the contract to the low base bidder Magney
ConstrUction, Inc. If the City should choose the Alternate" A" building design, Magney ConstrUction
would still be the low bidder.
A complete Tabulation of Bids is enclosed for your information, Please note that the "Alternate Bid
Item B" for two of the bidders (Magney Construction, Inc. and Ebert, Inc.), was identified as
unresponsive. Magney ConstrUction's Alternate "B" Bid Item; changed the Bid Form by writing in an
unsolicited systems integrator. Eben, lnc.'s Alternate "B" Bid Item; was improperly filled by failing to
identify anyone of the three specified systems integrator.
;;W~ =:>
Daniel A. Fabian, P.E.
DAFlbas
Enclosure
'\
)
An Equal OPPDrtUnIly Employer
-- ' -- .-
FEB 08 '00 15:22 651 292 0083 PAGE,02
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
J DATE: February 15. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Consent Finance
Jim Dickinson
ITEM NO.
Approve Purchase/Capital Improvement Plan Software
\5.
Request:
The City Council is requested to approve the purchase of "Plan-It", a software package that includes all
the functions needed to store and edit data and create a complete Capital Improvement Plan. The cost for
a 2-4 user package is $1,200.00. The cost of the software would be spread to various department budgets
and the Water and Sewer Trunk Funds.
If there are any questions related to the software package please do not hesitate in contacting me.
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l~l CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ ~ ~ DATE: February 15. 2000
j
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson~t
Engineering
ITEM NO.
\lo~pprove Request for Proposal for Water System Plan
The City Council is requested to authorize a Request for Proposal (RFP) be solicited from
appropriate consulting firms experienced in the water resources area. The RFP will be
submitted to approximately six (6) firms to respond. The City will then interview approximately
three of the six proposers prior to making a recommendation on which firm to retain for this
project.
Attached is a copy of the RFP. Please review this request form and if there is any additional
information the Council would like to see included in the report it can be added to this
proposal.
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City of Andover, Minnesota
.J Request for Proposals to Address
Specific Water System Plan Issues
The City of Andover's Comprehensive Water Plan was updated in 1997 by Howard R.
Green & Associates. The Andover City Council has requested a more comprehensive
analysis be added to it in specific areas. It is intended that this information will
supplement the existing report.
A. Scope of Project
The purpose of this project is to provide the City of Andover with a comprehensive report
addressing specific areas of interest and/or concern as it relates to the Andover Water
System. The specific areas to be addressed are outlined in section C of this RFP.
B. Goals and Objectives
The goal of this project is to provide the City with a comprehensive guide to address
specific issues relating to the City's water system. The report shall clearly outline all
capital improvement and operational options regarding each item and shall provide a
detailed cost estimate and potential funding source(s) for each.
C. Project Tasks
(Responder may include additional tasks if they will improve the results of the project)
1. Evaluate all corrective options associated with Radium in the City of Andover's Water
Supply. Three of our six wells will exceed the MCL' s currently being adopted for
Radium. Provide cost estimates, pros and cons, and a detailed time line regarding each
option. Options shall address treatment, abandonment of subject wells, redevelopment of
subject wells and other options which may be available. Also, provide a detailed time
line regarding the implementation, reporting and corrective actions to be required by the
Minnesota Department of Health and the Federal EP A.
2. Evaluate water quality characteristics at the well heads with respect to current and
proposed drinking water regulations of the Minnesota Department of Health and the
Federal Safe Drinking Water Act. Analyze the impacts of these regulations on the City's
water supply and the City's utility budget. Provide an evaluation as to the options
available and estimates of their respective costs.
3. Provide a detailed evaluation of the Cities options for water treatment. This
evaluation shall include complete costs estimates for a centralized treatment facility and
shall also evaluate wellhead treatment options. This evaluation shall address treatment
'\ for iron and manganese and also treatment for other regulated items pertinent to the City
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of Andover's water supply. The evaluation of a water treatment facility shall be
. " comprehensive and address the ability to treat for existing and future regulation changes.
)
4. A Capital Improvement and Financing plan shall be provided for the improvement
options identified in this report.
5. An evaluation and analysis of the Chlorine residuals in the system shall be made.
Recommendations of improvements and/or operation methods shall be provided.
6. A review of the overall system shall be made and recommendations provided on how
the system can be improved upon from both a implementation and operations standpoint.
This shall include but not be limited to discussion on our two zone system, location of
existing and future wells and water storage, and water quality improvements.
7. This evaluation shall utilize the existing water system report currently available and
shall also reference the cities cybemet model previously developed for the City. Both
shall be made available for the consultants use.
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l~\) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: February 15. 2000
I
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott Erickson,~t
ITEM NO. Engineering
Approve Change Order #1/(98-33)Cambridge Estates 2nd Addition,
(98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons North
\'t
The City Council is requested to approve Change Order #1 for (98-33)Cambridge Estates 2nd
Addition, (98-34)Chesterton Commons 3rd Addition and (98-36)Chesterton Commons North.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #..J... TO PROJECT NOS. (98-
33)CAMBRIDGE ESTATES 2ND ADDITION. (98-34)CHESTERTON COMMONS
3RD ADDITION, (98-36)CHESTERTON COMMONS NORTH.
WHEREAS, the City of Andover has a contract for Project Nos. (98-
33)Cambridae Estates 2nd Addition, (98-34)Chesterton Commons 3rd Addition,
(98-36)Chesterton Commons North with Kober Excavatina, Inc. of
Elk River, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project Nos. (98-33)Cambridae Estates 2nd
Addition, (98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons
, North.
MOTION seconded by Councilmember and adopted by the
City Council at a reaular meeting this 15th day of Februarv ,2000,
with Councilmembers voting in
favor of the resolution, and Councilmembers
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
,
j Victoria Volk - City Clerk
r-, "....."
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CHANGE ORDER NO.1
, Chesterton Commons Third Addition, Cambridge Estates Second Addition,
\ J and Chesterton Commons North
Utility and Street Improvements
MFRA #12311/12312/11901
ADD
CHESTERTON COMMONS THIRD ADDITION
Section 1 - Sanitary Sewer
26. Reconstruct Existing Manhole (from Chesterton
Commons Second Addition) 1 LS @ 2,674.78 $ 2,674.78
Section 3 - Storm Sewer
13. Raise Skimmer Manhole 1 Outlet 0.8 feet,
and ditch 50 feet to "daylight" 1 LS@ 647.08 $ 647.08
Raise Skimmer Manhole 2 Outlet 0.8 feet,
and ditch 50 feet to "daylight" 1 LS@ 647.08 $ 647.08
14. Ditch Skimmer Manhole 4, to "daylight" lLS@ 403.79 $ 403.79
15. Remove 18" RCP at FES A to Match
Existing Grade 1 LS@ 324.32 $ 324.32
16. Remove and Adjust FES G to Match
Existing Grade 1 LS@ 324.32 $ 324.32
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Total Chesterton Commons Third Addition $ 5,021.37
CAMBRIDGE ESTATES SECOND ADDITION
Section 3 -Storm Sewer
11. Ditch Skimmer MH 2, 50 feet to "daylight" 1 LS@ 248.90 $ 248.90
12. Remove and Adjust FES B to Match
Existing Grade 1 LS@ 324.32 $ 324.32
Total Cambridge Estates Second Addition $ 573.22
CHESTERTON COMMONS NORTH
Section 3 - Storm Sewer
18. Add Concrete Spillway 18 FT @ 35,00 $ 630.00
Total Chesterton Commons North $ 630.00
TOTAL THIS CHANGE ORDER ADD $ 6,224.59
ORIGINAL CONTRACT AMOUNT $ 1,109,991.65
, CHANGE ORDER NO.1 $ 6.224.59
'. ) REVISED CONTRACT AMOUNT $ 1,116,216.24
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APPROVED: ACCEPTED:
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Kober Excavating, Inc. City of Andover
BY: BY:
DATE: DATE:
RECOMMENDED:
McCOMBS FRANK ROOS ASSOCIATES, INC,
BY:
DATE:
s:\main:\And \23\\ :\Specslchangeorder#\
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
) DATE: February 15. 2000
AGENDA SECTION ORIGINA TING DEPARTMENT
Non-Discussion/Consent Item
Finance ~
Brian A. Swanson
ITEM NO.
\~~~Iease Letter of Credit - #87-27 Woodland Creek - Special Assessments
Release Letter of Credit - Woodland Creek - #87-27
Request:
The Andover City Council is requested to approve the release of letter of credit #98-18 in favor of the
City of Andover provided by The First National Bank of Elk River on behalf of Woodland
Development Corp. This release results in a $1,927.10 decrease.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ DATE: February 15. 2000
, J
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item BY
Finance
Brian A. Swanson
ITEM NO.
IQ~elease Letter of Credit - #93-31 Woodland Creek 4th
Release Letter of Credit - Woodland Creek 4th #93-31
Request:
The Andover City Council is requested to approve the release of letter of credit #98-21 in favor of the
City of Andover provided by The First National Bank of Elk River on behalf of Woodland
Development Corp. This release results in a $17,339.10 decrease.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\. DATE: February 15. 2000
I
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Finance (f) 7':>-
Brian A. Swanson
ITEM NO.
--1~~uce Letter of Credit - #95-1 Woodland Creek 5th
Reduce Letter of Credit - Woodland Creek 5th #95-1
Request:
The Andover City Council is requested to approve the reduction of letter of credit #98-22 in favor of the
City of Andover provided by The First National Bank of Elk River on behalf of Woodland
Development Corp. This reduction results in a $6,535.99 decrease.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'\ DATE: February 15.2000
)
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Finance
Brian A. Swanson
ITEM NO.
4~lease Letter of Credit. #93-17/Crown Pointe
Release Letter of Credit - Crown Pointe #93-17
Request:
The Andover City Council is requested to approve the release ofletter of credit #243 in favor of the City
of Andover provided by The Bank of Elk River on behalf of Ashford Development Corp. This release
results in a $46,000.00 decrease.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\ )
_. DATE: February 15.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Finance
Brian A. Swanson
ITEM NO.
~~ease Letter of Credit - #97-07 /Crown Pointe East 2nd Addition
Release Letter of Credit - Crown Pointe East 2nd Addition #97-07
Request:
The Andover City Council is requested to approve the release of letter of credit #264 in favor of the City
of Andover provided by The Bank of Elk River on behalf of Ashford Development Corp. This release
results in a $43,650.00 decrease.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: February 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk
ITEM NO.
Changes to Approval of Minutes
The following minutes were previously approved and need no action by Council:
Special Closed Meeting September 21, 1999
Special Closed Meeting October 5, 1999
February 1, 2000 minutes: Order Abatement for Fire Nuisance House - the address for
LuAnn Jackson needs to be changed to 3542 -142"d Avenue NW.
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C;,C, fAR.$:: AN('j l.?.l!C C"'If'II'I1/):.)l/Q"V
Sheet1 ?I"}I c&:>"'-.NC/l.. - 2ltrlet:.>
"'err/Nt..
, PARK DEDICATION (INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS)
/
CITY INSTITUTIONAL USES IN RESIDENTIAL DISTRICTS
CHANHASSEN 10% MARKET VALUE OF LAND
EDEN PRAIRIE NO CHARGE
ELK RIVER PER UNIT
LAKEVI LLE PER UNIT
MAPLE GROVE NO CHARGE .
OAKDALE 10% MARKET VALUE OF LAND
PLYMOUTH BASED ON ZONING DISTRICT
ROSEMOUNT PER UNIT
SAVAGE 10% MARKET VALUE OF LAND
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date Februarv 15. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Amended Approval of Claims Finance
Jim Dickinson
I ITEM NO. Schedule of Bills I
REOUEST:
The Andover City Council is requested to approve total claims in the amount of$ 229.648.38 .
BACKGROUND:
Claims totaling $ 54.252.20 on disbursement edit list #1 dated 02-08-2000 have been issued and released.
Claims totaling $ 156.800.04 on disbursement edit list #2 dated 02-15-2000 will be issued and released
upon Council approval.
Date: 02-15-2000 Approved By:
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, I DATE: February 15, 2000
AGENDA SECTION ORIGINA T1NG DEPARTMENT
ADD-ON Staff, Committees, Commissions Administration
Richard Fursman
ITEM NO. 9
-
Appoint Street Supervisor
REOUEST:
The Council is requested to table this item until Thursday or the next regular council meeting. Mr.
Okerstrom has indicated he is withdrawing his name from consideration for the position of Street
Supervisor. He would like to thank the City for the opportunity, and would like to look at future
opportunities with the City in the coming years.
The committee which interviewed and reviewed the candidates met again and is recommending Irwin
Russell for the position. Mr. Russell is on vacation and will be approached as to his desire to fill the
J position.
, I
,
,
RECEiVED
FEB 8 2000
ClTY OF ANDOVER
GREY OAKS AT ANDOVER
OWNERS' ASSOCIATION
PLANNED COMMUNITY
RULES AND REGULATIONS
1900036v2 (14Q2S02!.DOC)
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,
TABLE OF CONTENTS
ARTICLE PAGE
I. Linlltation on Use of Residential Unit..................,.,..........,....................................,....... 2
II. Resale Procedures.,.. ......".,..,..."......,.,.....,..,......,.,..,....."....,.,."..,..."...,.,.,',.,...."...,',... 2
A. Resale of Lot.. ,........ .........., ....."..............,....... ...... ............... ...........,....,.,......... 2
B. Lot Leasing Regulations........,..,......".......,......,.,...........,......,.. ........."....,... ....... 4
m. Pet Regulations. ,...,...,................." ......... ......,... .......,........ ...........".....", ....... ........, ...... 4
N, Board's Authority. ,.. ......,............,........ ...""....,..,.. .....".., ..... ........... ..... .... ....."....,.....,.. 5
V, Notice to Members. ....,.....,...,......,.....",........,...,.........."..,.......,...............,.."............... 5
1900036v2 (14Q2S02!.DOC)
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,
RULES AND REGULATIONS
FOR
GREY OAKS AT ANDOVER
Each Owner's use of the facilities in the planned community is subject to these and new
rules as may be established by the Board of the Association from tin1e to time.
These Rules and Regulations have been drafted to provide guidelines and protections to
the Owners. The Board can review the Rules at any time to assure that they meet the requirements
and wishes of the Owners and the Association.
The Rules and Regulations are not intended to place in1possible or unreasonable
restrictions on Owners, but they do include certain guidelines which must be observed for
everyone's benefit and quiet enjoyment. You should review this document carefully.
Each Owner is responsible for compliance with the Rules and Regulations by family,
guests, visitors, lessees and other invitees,
All capitalized terms used herein shall have the meanings given them in the Declaration.
1900036v2 (14Q2S02!.OOC) 1
,
RULES AND REGULATIONS
I. Limitation on Use of Residential Lot. Each Owner has control and use ofhisiber Lot for
residential living as defined in the Declaration. All tenants, occupants, guests, and invitees of any
Lot are subject to these Rules and Regulations, and the Owner is responsible for providing any
tenant or occupant with a copy of the current Rules and Regulations. The following uses are
specifically prohibited:
A. Uses which create a nuisance or disturbance for others. Each Owner should
particularly minimize noise intrusion in any form, including that from music, machinery and
appliances, from 10 p.m. to 9 a.m,
B. Uses which damage or interfere with the operation of the structural or mechanical
portions of any Common Areas.
e. The Common Areas, and Limited Common Areas, shall not be used for any
purpose other than those for which they are designed, Any damages resulting from misuse shall be
borne by the Owner who has, or whose tenants, occupants, guests or invitees have, caused the
damages.
D. No Owner shall use or permit to be brought into the Lots or any portion of the
Common Areas, any inflammable fluids, explosives or articles deemed hazardous to person or
property without, in each case, obtaining the written consent of the Board.
E. Except as specifically permitted by the Declaration, or as approved in writing by
the Board, no business activity of any kind, designed for profit or otherwise, shall be permitted on
the Subject Property.
F. Each Owner shall comply with all applicable laws, ordinances and regulations,
and shall defend, indemnify, and hold the Association and other Owners hannless from all fines,
penalties and costs for any violation thereof by said Owner or his tenants, occupants, guests or
invitees.
II, Resale Procedures.
A. Resale of Lot. Any Member contemplating the sale of a Lot shall inform the
Secretary of the Association of the Member's intent to sell the Lot at the time the Lot is offered for
sale. The Association shall, within ten (10) days after a written request from a Member or the
Member's authorized agent, furnish a certificate containing the following information:
1. A statement that the Declaration, Bylaws, Rules and Regulations or any
amendments thereof contain no right of first refusal or other restraint on the free
alienability ofthe Lot;
1900036v2 (14Q2S02!.DOC) 2
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2. A statement setting forth the amount of monthly installments of
Assessments, including Special Assessments, if any, and any due and unpaid General or
Special Assessments, fines or other charges payable with respect to the Lot;
3. A statement of any fees or charges other than Assessments payable by
Owner(s);
4. A statement of any capital expenditures approved by the Association for
the current and next succeeding two (2) fiscal years;
5. A statement of the amount of any reserves for maintenance, repair or
replacement and of any portion of those reserves designated by the Association for any
specified projects or uses;
6, The most recent regularly prepared balance sheet and income and
expense statement of the Association;
7, The current budget of the Association;
8. A statement of any judgments against the Association and the status of
any pending suits in which the Association is a party;
9, A detailed description of the insurance coverage provided for the benefit
of Owners, including any fixtures, decorating items or construction items within a Lot
which are not required to be insured by the Association; and
10. A statement as to whether the Board has notified the Owner (i) that any
alterations or improvements to the Lot or to the Limited Common Areas assigned thereto
violate any provision of the Declaration or (ii) that the Lot is in violation of any
governmental statute, ordinance, code or regulation,
The seller of the Lot must provide a subsequent purchaser with this certificate to comply
with the provisions of Minnesota Statutes Section 515B.4-1 07.
A reasonable fee \'vill be charged by the Association for preparation of this certificate.
Upon purchase of a Lot, the new Owner shall automatically become a Member of the
Association and shall register hiSlher name, address and evidence of interest in the Lot with the
secretary of the Association. Registering with the secretary is not required by buyers of Lots from
the Declarant.
1900036v2 (14Q2S02 !.DOC) 3
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B. Lot Leasing Regulations. The following Regulations have been adopted for any
Owner who leases his/her Lot:
1. Lots can be leased only in their entirety; no lodgers or roomers are
permitted,
2. Rental is prohibited for transient or hotel purposes requiring customary
hotel type services, or for a period ofless than six (6) months. Without the prior written
consent of the Association, Lots may not be leased for period ofless than six (6) months
in any twelve (12) month period.
3. There must be a written lease agreement which, among other things,
provide the Association with the authority to terminate the lease in the event of
infractions of the Association's Rules and Regulations,
4, The Lot Owner must provide the Association with a complete copy of the
lease agreement containing the name of the lessee and all occupants of the Lot and the
term of the lease agreement. The lease agreement should be delivered to the Secretary of
the Association promptly upon execution,
5, The Owner must provide the information requested in item (4) above
each time a Lot is sublet to a new lessee, or whenever the term of the lease is extended or
renewed with an existing lessee,
6. It is the Owner's responsibility to supply a copy of the Rules and
Regulations to the lessee, and to see that the lessee complies with all Rules and
Regulations ofthe Association; and
7, The Association has the right to charge an administration fee for the
processing oflease agreements.
III. Pet Regulations.
A. All pets must be kept in accordance with the limitations set forth in the
Declaration, The Board reserves the right to further enact additional Rules and Regulations
regarding pets, including Rules and Regulations prohibiting the keeping of any animals on a
Condominium Unit, provided that any pet being kept on a Lot in accordance with the Rules and
Regulations governing the Lot at the time the pet began being kept on the Lot shall not be
prohibited by any subsequent Rule or Regulation,
B. Upon receipt of a detailed written statement alleging a violation of any pet
regulation set forth in the Declaration from any Owner, and upon confirmation of the complaint by
the Board or its representative, the Owner of the offending pet will be given written notice of the
complaint and will have the opportunity to meet with the Board prior to the Board's enforcement of
the Pet Regulations,
1900036v2 (14Q2S02!.DOC) 4
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Any Owner found to have violated this or any future regulation regarding pets,
shall be required to pay a Regulatory Expense Charge in an amount not to exceed $100 for each
violation, provided, however, that a continuing violation may be subject to imposition of the
Regulatory Expense Charge on a daily, weekly, or otherwise continuing basis, as determined by the
Board. The Board is required to give notice to the Owner of the violation. In addition, any Owner
who violates this covenant shall be subject to all legal remedies available to the Association, the
Board, and all other Owners as provided in the Declaration, any amendments thereto, and by law.
C. The Owner of a pet shall assume full responsibility for the personal injuries or
property damage caused by such pet anywhere on the Subject Property, and shall be responsible to
indemnify, defend and hold harmless the Association, its Board and the other Owners against loss,
damages, claims or liability of any kind or nature, arising from, or growing out of, any act of such
pet.
IV. Board's Authority. The Board reserves the right to amend, alter, grant waivers or cancel
any of these Rules and Regulations and to make such other Rules and Regulations, from time to
time as necessary for the safety, care and cleanliness of the Community, and for securing the
comfort and convenience of all Owners.
V. Notice to Members. The Board will provide reasonable notice of any changes in these
Rules and Regulations to the Owners prior to their effective date.
1900036v2 (14Q2S02!.DOC) 5
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RECEIVED
FEB 8 2000
CITY OF ANDOVER
DECLARATION OF
RECIPROCAL EASEMENTS
THIS DECLARATION OF RECIPROCAL EASEMENTS, dated March _,2000, is
made by GREY OAKS, INC., a Minnesota corporation ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the owner of two adjacent parcels of real property located in the
City of Andover, County of Anoka, State of Minnesota, legally described as Lot 1, Block 1,
Grey Oaks, according to the recorded plat thereof ("Lot 1") and Lot 2, Block 1, Grey Oaks,
according to the recorded plat thereof ("Lot 2"), (collectively, the "Lots," and individually, each
a "Lot").
WHEREAS, it is contemplated that there will be constructed on Lot 1 a convenience
store with parking areas, substantially similar to that depicted in the site plan (Exhibit A attached
hereto), and it is contemplated that there will be constructed on Lot 2 a commercial. office
building with parking areas, similar to that depicted in the site plan (Exhibit A attached hereto),
NOW, THEREFORE, Declarant hereby declares that the Lots shall be held, sold and
conveyed subject to the following covenants, conditions, restrictions and easements, which are
for the purpose of protecting the value and desirability of, and which shall run with, each Lot,
and shall be binding on all parties now or hereafter having any right, title, interest or lien in or on
either Lot or any part thereof, and shall inure to the benefit of each owner, tenant and lawful
occupant thereof:
1900870v3 (14qpy03!.DOC)
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1. Declarant, as owner of Lot 1, grants and conveys the following rights and
easements in, to, over, under and above Lot 1, to and for the benefit of the owner, tenants and
lawful occupants of Lot 2, and their respective employees, agents, contractors, suppliers and
customers:
(A) A perpetual, non-exclusive easement for vehicular parking and vehicular and
pedestrian ingress and egress to and from Lot 2, over, upon and across the parking areas
and spaces, driveways and access ways, sidewalks and walkways, exits and entrances,
and other common areas of Lot 1 as these areas may from time to time be constructed,
altered or modified; and
(B) A perpetual directional signage easement, no larger than three feet (3'-0") by
eight feet (8' -0"), for the construction, location, illumination, maintenance, replacement,
repair and removal of a directional sign to be located at a point on Lot 1 adjacent to
Hanson Boulevard, Said point of easement shall be established by the owner of Lot 1,
with the agreement of the owner of Lot 2. Once established, the point of easement may
be altered only by agreement of the owners of Lots 1 and 2, and any single tenants of
either Lot.
The owner of Lot 1 covenants and agrees that it will construct and continuously keep in
good, safe condition and repair, in the manner contemplated in Section 3 herein, an access way
within easement (A) above.
2, Declarant, as owner of Lot 2, hereby grants and conveys the following rights and
easements in, to, over, under and above Lot 2, to and for the benefit of the owner, tenants and
lawful occupants of Lot 1, and their respective employees, agents, contractors, suppliers and
customers:
(A) A perpetual, non-exclusive easement for vehicular parking and vehicular and
pedestrian ingress and egress to and from Lot 1, over, upon and across the parking areas
and spaces, driveways and access ways, sidewalks and walkways, exits and entrances,
and other common areas of Lot 2 as these areas may from time to time be constructed,
altered or modified; and
(B) A perpetual directional signage easement, no larger than three feet (3' -0") by
eight feet (8'-0"), for the construction, location, illumination, maintenance, replacement,
repair and removal of a directional sign to be located at a point on Lot 2 adjacent to
Hummingbird Street Northwest. Said point of easement shall be established by the
owner of Lot 2, with the agreement of the owner of Lot 1. Once established, the point of
easement may be altered only by agreement of the owners of Lots 1 and 2, and any single
tenants of either Lot.
The owner of Lot 2 covenants and agrees that it will construct and continuously keep in
good, safe condition and repair, in the manner contemplated in Section 3 herein, an access way
within easement (A) above.
19oo870v3 (14qpy03!.DOC) 2
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3. Except as said maintenance obligations are otherwise provided for in Sections 1
and 2 above, Declarant, for itself and each successive owner of Lot 1 or Lot 2, hereby covenants
and agrees that the owners of each Lot shall, at their own expense, at all times maintain in good,
first-class and safe condition and repair, and make any needed replacements of, the parking,
driveway, sidewalk and landscaped areas, and any other common areas situated on their
respective Lots, The obligation to maintain, repair and replace shall include, without limiting the
generality thereof, the following:
A. Maintaining the parking and driveway surfaces at such grades and levels that they
may be used and enjoyed as contiguous common areas and maintaining the surfaces in a
level, smooth and evenly-covered condition with the type of surfacing material originally
installed or of sin1ilar quality, use and durability; and
B, Removing all papers, debris, snow, ice, and refuse and thoroughly sweeping the
areas to the extent reasonably necessary to keep these areas in a neat, clean, orderly, safe,
sightly and serviceable condition; and
C. Placing, keeping in repair and replacing all appropriate directional signs, stripping
markers and lines; and operating, keeping in repair, and replacing when necessary,
artificial lighting facilities as shall be reasonably required; and
D, Maintaining all landscaped areas, making such replacements of shrubs and other
landscaping as is necessary and keeping these areas at all times adequately weeded,
fertilized and watered; and,
E. Maintaining sufficient lighting in the parking lots and other common areas as is
required for security, safety and convenience of customers. Said lighting shall remain on
daily from dusk until at least one-half hour after the close of business of all business
establishments located on the Lots.
The owner and tenants of Lot 2 shall be the sole beneficiaries of the foregoing covenants
with respect to Lot 1, and the owner and tenants of Lot 1 shall be the sole beneficiaries of the
foregoing covenants with respect to Lot 2. Nothing in this Declaration shall grant the tenants of
a Lot any rights against their landlord beyond those contained in their Lease.
4, The owners of Lot 1 and Lot 2 shall be responsible for their pro rata share of any
costs necessary to maintain, repair and replace the driveways and other improvements located
from time to time on additional appurtenant access/egress easements not described in this
instrument, granted for the joint benefit of the Lots, or additional tracts of land which provide
access and egress for the joint benefit of the Lots, Said pro rata share shall be equal to the ratio
that the ground floor area of any building and improvements on Lot 1 or Lot 2, whichever is
applicable, bears to the total ground floor area of all buildings and improvements contained in
Lots 1 and 2 together. For purposes of this Section 4, the costs of maintaining the driveway,
sidewalks and landscaped areas shall include: (1) all amounts paid for cleaning and sweeping,
restriping of the area, and keeping sidewalk and driveway areas clean and unobstructed,
1900870v3 (14qpy03!.DOC) 3
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including snow and ice removal, which shall be performed as often as necessary; (2)
maintenance, repair and replacement of the driveway, sidewalk or landscaped areas; (3) wages
and salaries of persons directly and actually performing services described herein; and (4) any
other common area costs or expenses customary in the Minnesota market area; but shall not
include management fees.
.
5. In the event, and for so long as, either Lot is subject to a single lease covering all
or substantially all of a Lot (the "Leased Lot"), the tenant of the Leased Lot, by entering into
possession of the same, shall be deemed to have agreed to: (a) pay all of the cost and perform all
of the obligations and duties allocated to the owner of the Leased Lot under this Declaration, and
(b) honor and perform all of the covenants, agreements and indemnifications made by or on
behalf of the owner of the Leased Lot under this Declaration, Pursuant to this Section, the tenant
of the Leased Lot shall be primarily liable for all the costs, obligations, duties, covenants,
agreements and indemnifications of the owner of the Leased Lot, and the owner of the Leased
Lot shall be secondarily liable to third parties, but said owner shall be released from any liability
therefore to the tenant of the Leased Lot.
6. Declarant, for itself and each and every successor-in-interest to Lot 1 or Lot 2,
covenants and agrees that no owner or tenant of either Lot will seek, voluntarily permit or
acquiesce in the closing or narrowing of any curb cuts or access points currently serving, or later
constructed to serve, either Lot, without the written consent of the owner of both Lots, and any
single tenant of a Lot.
7. The owner of each Lot shall be obligated to comply with all laws, rules,
regulations and requirements of all public authorities relating to its respective Lot, and agrees to
indemnify, defend and hold the owner of the other Lot, and any single tenant of the entire other
Lot, harmless from and against any and all claims, demands, losses, damages, penalties, charges,
fines, liabilities and expenses and all suits, actions and judgments (including, but not limited to,
costs and reasonable attorneys' fees), arising out of, or in any way related to a indemnifying
owner's failure to maintain its Lot in compliance with the terms of this Declaration, A party
shall give prompt and timely notice of any claim made or suit or action commenced against the
other party which would in any way result in indemnification under this Declaration,
8. If any owner of a Lot fails to perform, fulfill or observe any of its obligations,
duties, covenants or agreements contained within this Declaration, and such failure continues for
a period of thirty (30) days following written notice of the failure, the other owner may, at its
election, cure such failure on behalf of the defaulting owner, Any amount which the owner so
electing shall expend for such purpose shall be reimbursed by the defaulting owner on demand,
upon delivery of its invoice, together with interest at the lower of (1) the rate of twelve percent
(12%) per annum, or (2) the maximum rate permissible from time to time under applicable law,
from the date of the expenditure or the date when it shall have become due to the date of
payment in full. The provisions of this Section shall be in all respects subject and subordinate to
the lien of any mortgages or deeds of trust at any time or from time to time on the land of the
defaulting party and the rights of the holder or holders of any mortgages or deeds of trust,
1900870v3 (14qpy03!.DOC) 4
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9. The terms, provisions, covenants, obligations and indemnifications contained in
this Declaration shall run with the land and shall bind and inure to the benefit of Declarant, its
successors and assigns with respect to the Lots, and their respective tenants, sub-tenants,
licensees, concessionaires, mortgagees in possession, customers and business invitees.
10, The owners of Lots 1 and 2 continuously covenant and agree with and to each
other that, following completion of the convenience store and commercial office building
substantially as depicted on Exhibit A, they will not change, modify or alter the location of any
buildings or construct any new building on their respective Lots, which would have the effect of
altering in a material fashion the easements of the other owner and Lot.
11. Declarant warrants that as of the time of the making of this Declaration, it is the
owner of both Lots; and that it has the full right and lawful authority to grant and make all the
easements, covenants and conditions contained herein.
12. Invalidation of anyone of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force and effect.
13. This Declaration may be amended, supplemented or terminated by a written
instrument signed by all of the owners of both Lots, any single tenant of an entire Lot, and the
holder of a mortgage on an entire Lot; neither the signature nor the consent of tenants or
occupants of less than an entire Lot shall be required,
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
1900870v3 (14qpy03!,DOC) 5
"
IN WITNESS WHEREOF, the Declarant has hereunto set its hands the day and year first
above written.
GREY OAKS, INC.,
a Minnesota corporation
.
Gerald G. Windschitl,
Its President
STATE OF MlNNESOTA )
) ss,
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of March, 2000, by
Gerald G, Windschitl, the President of Grey Oaks, Inc" a Minnesota corporation, on behalf of
said corporation.
Notary Public
This Instrument Drafted Bv:
LEONARD, STREET AND DEINARD (JMF/SDH)
PROFESSIONAL ASSOCIA nON
2270 Minnesota World Trade Center
30 East Seventh Street
Saint Paul, Minnesota 55101
1900870v3 (14qpy03 !.DOC) 6
(
.
ARTICLES OF INCORPORATIONR
OF ECEIVED
GREY OAKS AT ANDOVER FEB 8 2000
OWNERS' ASSOCIATION CITY OF ANDOVER
The undersigned, for the purpose of organizing a corporation under and pursuant to the
provisions of Minnesota Statutes Chapter 317 A, commonly known as the Minnesota non-profit
corporation act, does hereby associate as a body corporate and adopt the following Articles of
Incorporation. All capitalized terms used herein shall have the meaning given them in the
Declaration of Covenants for Grey Oaks at Andover, recorded, or to be recorded, in the Office of
the County Recorder, Anoka County, Minnesota, and as the same may be amended from time to
time.
ARTICLE I
NAME
The name ofthis corporation is: Grey Oaks at Andover Owners' Association.
ARTICLE II
PURPOSE
The purpose of this Association is to provide for the maintenance, preservation and
architectural control, together with the regulation of activities in the Lots and Common Areas, the
Planned Community of Grey Oaks at Andover, located in Anoka County, Minnesota, on the
Subject Property, and to promote the health, safety, welfare, comfort, convenience and economic
well-being of the present and future owners of residential units in the Community and for those
purposes to:
A. Exercise all the powers and privileges and perform all of the duties and obligations
of the Association as the same may be set forth in these Articles, the Bylaws and the Declaration or
as granted to a unit owners association pursuant to the Minnesota Common Interest Ownership Act.
B. Fix, levy, collect and enforce payment by any lawful means of all charges,
assessments and expenses pursuant to the terms of the Declaration and to pay all expenses in
connection therewith and incident to the conduct of the business ofthe Association.
C. Acquire by gift, purchase or otherwise, own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or
personal property in connection with the affairs of the Association.
1900066v3 (14Q3M03!.DOC)
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D. Insofar as permitted by law, and consistent with the provisions and purposes hereof,
to do any other thing that, in the judgment of the Board, will promote the common benefit and
enjoyment of the members.
ARTICLE III
NON-PROFIT
The corporation shall not afford pecuniary gain, incidentally or otherwise, to its members.
ARTICLE IV
DURATION
The period of duration of corporate existence of this corporation shall be perpetual.
ARTICLE V
REGISTERED OFFICE
The location of the registered office of this corporation shall be 3640 152nd Lane N,W.,
Andover, Minnesota 55304, or such other place within the State of Minnesota as the Board shall
designate,
ARTICLE VI
NO PERSONAL LIABILITY
There shall be no personal liability of members, directors, or officers of the corporation for
the corporation's obligations.
ARTICLE VII
INCORPORATOR
The name and post office address of the incorporator (being a natural person of full age) of
this corporation is:
Gerald Windschitl
3640 152nd Lane N,W,
Andover, Minnesota 55304
ARTICLE VIII
BOARD OF DIRECTORS AND TERM
The general conduct and management of the affairs of the corporation shall be vested in the
Board.
The corporation, having a single member, hereby appoints the below named person as the
first director until the first conveyance of a Lot to an Owner other than Declarant.
1900066v3 (l4Q3M03!.DOC) 2
.
Gerald Windschitl
3640 152nd Lane N,W.
Andover, Minnesota 55304
Upon or before the conveyance of a Lot to an Owner other than Declarant, Declarant shall appoint
two additional directors, the three of whom collectively shall then constitute the Board during the
Declarant Control Period, unless removed or replaced by Declarant. The Declarant shall have the
sole right to elect directors of the Board until the earlier of three (3) years after the date of the first
conveyance of a Lot to an Owner other than Declarant or sixty (60) days after conveyance of
seventy-five percent (75%) of the Lots to Owners (the "Termination of Declarant Control");
provided, however, not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots
to Owners other than Declarant, not less than thirty-three and one-third percent (33-1/3%) of the
directors of the Board shall be elected by Owners other than Declarant at a special meeting of the
Owners to be held for such purposes. For the purposes of this Article, the percentage of the Lots
which have been conveyed shall be computed by including all Lots which the Declarant has
reserved the right to build in the Declaration, including the Condominium Units that the Declarant
may build on the platted Lots reserved for the same under the Declaration. Upon Termination of
Declarant Control, the Owners shall elect succeeding directors in such number and for the terms set
forth in the Bylaws.
ARTICLE IX
BOARD ACTION WITHOUT A MEETING
A. Any action required or permitted to be taken at a Board meeting may be taken by
written action signed by the number of directors required to take such an action at a Board meeting
duly called for such purpose; provided that all directors must be notified of the text of the written
action prior to the signing by any of the directors.
B, The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action.
C, When written action is permitted to be taken by less than all directors, all directors
shall be notified immediately of its text and effective date. Failure to provide the notice does not
invalidate the written action.
ARTICLE X
MEMBERS
Ownership of a Lot for purposes of membership shall be as defmed in the Declaration and
Bylaws. Membership shall be appurtenant to and may not be separated from ownership of any Lot.
Members shall all be Owners and shall be entitled to one vote for each Lot owned,
When more than one person holds an interest in a Lot, all such persons shall be members,
but in no event shall more than one vote be cast with respect to any Lot. The one vote must be cast
1900066v3 (14Q3M03!.DOC) 3
,
by the Owners of the Lot acting together and may not be divided among or cast fractionally by the
Owners of a Lot.
ARTICLE XI
QUORUM
Members entitled to cast twenty percent (20%) of the total votes of the Association are
required to be present in person or by proxy for a quorum,
ARTICLE XII
POWERS
For carrying out the purposes and intents of this corporation, the Association shall have all
the rights, powers and privileges granted to a nonprofit corporation under the laws of the State of
Minnesota, and all of the rights, powers and privileges granted to a unit owners association under
the laws of the State of Minnesota, including, but not limited to, the following:
A. To prescribe rules and qualifications for membership and rules and regulations for
the use and enjoyment of the Lots and Common Areas located on the Subject Property, including
remedies for the enforcement of any such rules and regulations.
B. To do any act or thing necessary or appropriate to the exercise of any power herein
granted, or granted in the Declaration or the Bylaws, necessary or appropriate to effect the purposes
herein expressed, including powers implied from express grants or power herein.
ARTICLE XIII
BYLAWS
The Bylaws of the corporation shall be adopted by the Board. Such Bylaws may contain
such rules and regulations governing membership in the Association and the conduct of the
activities thereof as the Board deems proper; and may provide for the amendment thereof by the
Board in any respect not inconsistent with these Articles,
ARTICLE XIV
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by members
holding not less than eighty percent (80%) of the total voting power of the Association and eighty
percent (80%) of all Mortgagees holding a first mortgage on a Lot. Upon dissolution of the
Association, other than incident to a merger or consolidation, the assets of the Association shall be
dedicated to an appropriate public agency to be used for purposes similar to those for which this
Association was created. In the event that such dedication is refused acceptance, such assets shall
be granted, conveyed and assigned to any non-profit corporation, association, trust or other
organization devoted to similar purposes,
!900066v3 (l4Q3M03!.DOC) 4
ARTICLE XV
CAPITAL STOCK
This corporation shall have no capital stock.
ARTICLE XVI
AMENDMENT
These Articles may be amended only by approval of Owners holding at least 51 % of the
total voting power of the Association and approval of at least 51 % ofthe directors of the Board,
ARTICLE XVII
MISCELLANEOUS
All matters relating to the management and conduct of the affairs of the Association not
specified herein shall be as prescribed in the Bylaws or the Declaration, or as prescribed by the laws
of the State of Minnesota in force and in effect from time to time. Capitalized terms used herein
shall have the meaning set forth in the Declaration unless otherwise stated herein.
IN TESTIMONY WHEREOF, I have hereunto set forth my name this _ day of
March _,2000.
Gerald Windschitl, Incorporator
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _ day of March, 2000 personally appeared Gerald Windschitl, to me known
to be the person described in and who executed the foregoing instrument and acknowledged that
she is the sole director of Grey Oaks at Andover Owners' Association, and acknowledged said
instrument to be his free act and deed and the free act and deed of said Owners' Association.
Notary Public
1900066v3 (I4Q3M03!.DOC) 5
EXHIBIT A
TO
ARTICLES OF INCORPORATION
OF
GREY OAKS AT ANDOVER OWNERS' ASSOCIATION
SUBJECT PROPERTY LEGAL DESCRIPTION
Lots 1-19, Block 3
Lots 1 - 25, Block 4; and
Lots 1 - 9, Block 5
all in GREY OAKS, Anoka County, Minnesota.
19OOO66v3 (l4Q3M03!.DOC)
, .
RECEIVED
BYLA WS
OF FEB 8 2C)
GREY OAKS OF ANDOVER.lTY OF ANDo\!rl
OWNERS' ASSOCIATION
ARTICLE I.
Name and Location
The name of this non-profit corporation is GREY OAKS AT ANDOVER OWNERS'
ASSOCIATION, hereinafter referred to as the Association, The principal office of the
corporation shall be located at 3640 152nd Lane N,W" Andover, Minnesota 55304.
ARTICLE II.
Definitions; Scope
The terms and phrases used in these Bylaws shall have the meanings set forth in the
Declaration of GREY OAKS AT ANDOVER PLANNED COMMUNITY, Common Interest
Community No. _ (the "Declaration") as filed for record in the Office of the Anoka County
Recorder.
This Association governs the "planned community" of Grey Oaks at Andover. It is the
unit owners association for Single Fanlily Lots and Twin Home Lots in the Community. It will
be the master association for any Condominium Units in the Community, One or more
Condominium Associations shall be established to act as the unit owners association for the
Condominium Units. Accordingly, the Association shall have no responsibility to construct,
maintain, repair or replace Condominium Units or any Limited Common Areas allocated only to
the Condominium Units.
ARTICLE III.
Meetings of Members
Section 1. Annual Meetinl?:S. The first annual meeting of the Members shall be held
within ninety (90) days after filing of the Declaration at a time and place to be determined by the
Board, Subsequent annual meetings shall be held yearly at such time an place as is specified by
the Board. At each annual meeting, there shall be at a minimum, (i) a report on the activities and
financial conditions of the Association; (ii) consideration of and action on any other matters
included in the notice of the meeting; and (iii) following termination of the Declarant Control
Period, an election of successor directors for those directors whose terms have expired.
1900058v3 (14q3#03!.DOC)
, .
Section 2. Special Meetings. Special meetings of the Members may be called at any
time by the president, or the vice president, or by a director, and must be called by the president
upon receipt of written requests from a majority of the Members.
Section 3. SDecial Meeting upon Termination of the Declarant Control Period. Upon
the termination of the Declarant Control Period, a special meeting of the Members shall be held
upon a call issued by the Board, All ofthe officers and directors of the Association appointed by
the Declarant shall resign at such special meeting of the Members and thereafter the Members
shall elect successors for said directors,
Section 4. Notice of Annual and SDecial Meetings. Notice of all meetings of the
Members, stating the time and place and the purpose for which the meeting is called shall be
given by the secretary of the Association. The secretary shall, at least twenty-one (21) days but
no more than thirty (30) days in advance of any annual meeting or regularly scheduled meeting,
and at least seven (7) days but no more than thirty (30) days in advance of any special meeting,
send to each Member a notice containing the time, place and complete agenda of the meeting.
The notice shall be sent by United States mail, postage-prepaid, or hand delivered to all
Members of record at the address of their respective Lots, or to other addresses as may have been
designated to the secretary.
Section 5, Ouorum, Members holding at least twenty percent (20%) of the total voting
power of the Association must be present, in person or by proxy, to constitute a quorum for the
transaction of business at any annual or special meeting, When such quorum is not present or
represented by proxy, the meeting shall be adjourned and a second meeting scheduled. At the
second meeting, the required quorum shall be 15% of the total voting power. No notice, other
than the announcement of the second meeting at the time the first meeting is adjourned, shall be
necessary. When a quorum is present at an annual or special meeting but certain Members have
withdrawn from the meeting so that less than a quorum remains, the then remaining Members
may continue to transact business.
Section 6. Proxies, At all meetings of the Members, each voting Member may vote in
person or by proxy, All proxies shall be in writing and filed with the secretary of the Association
five (5) days before any meeting. Every proxy shall be revocable and shall automatically cease
upon adjournment of the annual or special meeting for which such proxy was given. Every
notice of an annual or special meeting shall set forth procedures for the appointment of proxies.
Section 7. Voting.
a, The Owners of each Lot shall be allocated one vote for each Lot owned. Where
the record Owner is comprised of more than one person or entity, such persons or entity or
entities shall, at the time ownership is acquired, designate in writing to the Board the person
entitled to vote on behalf of said persons or entity or entities. Such designation shall remain in
effect until a written change, signed by each and every person or entity comprising the record
Owner, is delivered to the Board;
1900058v3(l4q3#03!.DOC) 2
,
b. The Association is not entitled to a vote during any time when a Lot is owned by
the Association; and
c, The entire vote on any single issue, including the election of Directors, may be by
mailed ballots if so stated in the notice required by Article III, Section 4 above. Such a vote shall
have the same force and effect of a vote taken at a regular or special meeting, provided that at
least fifty percent (50%) of the voting power of the Association is cast in such vote.
d. There shall be no cumulative voting.
Section 8, Teleohone Conference Meetings.
a, A conference among Members, or among the members of any committee
designated by the Members, by any means of communications through which the participants
may simultaneously hear each other constitutes a meeting of the Members, or the committee,
provided the same notice is given of such a telephone conference as would be required for a
meeting, and provided the number of persons participating in the telephone conference would be
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting,
b. A Member may participate in a meeting of the Membership, or any committee
designated by the Membership, not described in paragraph (a) by any means of communication
through which the participants may simultaneously hear each other during the telephone
conference, and such communication shall constitute personal presence at the meeting if the
same notice is given as would be required for a meeting, and if the number of members
participating in the telephone conference are sufficient to constitute a quorum.
Section 9. Order of Business. The order of business at the annual meetings of the
Members and as far as is practical at all other meetings of Members shall be:
a, Election of chairman of the meeting;
b, Calling of the roll and certifying of proxies;
c, Proof of notice of meeting;
d. Reading and disposal of any unapproved minutes;
e. Reports of officers;
f. Reports of committees;
g. Election of inspectors of election;
h. Nomination and election of Directors;
1900058v3 (14q3#03!.DOC) 3
1. Unfinished business;
J. New business; and
k, Adjournment.
Conduct of each meeting shall be governed by Robert's Rules of Order Revised,
ARTICLE IV.
Board of Directors--Selection-- Term of Office
Section 1. Initial Board: Declarant Control Period. The affairs of the Association shall
be managed by a Board of Directors. The first Board shall consist of the sole director named in
the Articles of Incorporation, Upon conveyance of the first Lot to an Owner other than
Declarant, Declarant shall appoint two additional directors, Declarant shall have the sole right to
appoint and remove directors of the Board until the earlier of three (3) years after the date of the
first conveyance of a Lot to an Owner other than the Declarant or sixty (60) days after
conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant (the
"Termination of Declarant Control"); provided, however, not later than sixty (60) days after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, not fewer than
33-1/3% of the directors of the Board shall be elected by Owners other than Declarant at a
special meeting of the Owners to be held for such purposes, pursuant to Section 2 of this Article,
For the purposes of this Article, the percentage of the Lots which have been conveyed shall be
computed by including all Lots which the Declarant has reserved the right to build in the
Declaration, including all Condominium Units that the Declarant may build on the land reserved
for the same, pursuant to the Declaration.
Section 2. Directors Elected bv Owners. At the special meeting of Owners after
conveyance of fifty percent (50%) of the Lots to Owners other than Declarant, the Owners other
than Declarant shall elect two directors, each for an initial term of one year, and the Declarant
shall appoint three directors, and shall retain the right to remove or replace these three directors
until Termination of Declarant Control. Upon Termination of Declarant Control, at a meeting of
the Owners called by the secretary of the Association, the Owners shall elect a Board of five (5)
members, Only one vote shall be taken, and those nominees receiving the most numbers of votes
shall be elected. The two elected directors receiving the highest number of votes shall each serve
a term of three years; the two elected directors receiving the next highest number of votes shall
each serve a term of two years, and the elected director receiving the lowest number of votes
shall serve a term of one year, Thereafter, every year at the annual meeting of Members,
elections shall be held to replace those directors whose terms are expiring, The terms of all
directors so elected shall be three years, Following Termination of Declarant Control, a majority
of directors shall be Owners other than Declarant. At the expiration of the term of office of each
director, a successor shall be elected to serve for a term of three (3) years. The directors shall
hold office until their respective successors have been elected ~d installed,
1900058v3 (14q3#03 !.DOC) 4
Section 3. Removal. After Termination of Declarant Control, and prior thereto only with
respect to directors elected by Owners other than the Declarant, any director may be removed
with cause by the Board as specified herein and without cause by a sixty percent (60%) vote of
the voting Members actually present at a special meeting called for that purpose and for which
notice pursuant to these Bylaws has been given. Any vacancy caused by such removal shall be
remedied pursuant to these Bylaws,
Section 4. Comoensation. No director shall receive compensation for any service
rendered to the Association. However, any director may be reimbursed for actual expenses
incurred in the performance of duties,
Section 5. Voting, Each director shall be entitled to one vote.
Section 6. Vacancy. Until Termination of Declarant Control, a vacancy caused by the
removal or resignation of a director appointed by Declarant shall be filled by Declarant and a
vacancy caused by the removal or resignation of a director elected by the owners other than
Declarant shall be filled by an election by the Owners other than Declarant. After Termination of
Declarant Control, a vacancy in the Board caused by the removal or resignation of a director may
be filled by appointment by the Board. The director appointed to fill such vacancy shall serve for
the remainder ofthe term of the director being replaced.
ARTICLE V.
Meetings of Directors
Section 1. Regular Meetings, Regular meetings of the Board shall be held at such place
and hour as may be fixed from time to time by the notice of such meeting of the Board. Should
said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the
next day which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the Board shall be held when called by
the president of the Association, or by at least two directors after not less than three (3) days
notice to the other directors.
Section 3. Notice. To the extent practicable, the Board shall give reasonable notice to
Owners of the date, time and place ofa Board meeting, If the date, time, and place of meeting is
announced at a previous Board meeting, is posted in a location accessible to Owners and
designated by the Board from time to time, or if an emergency requires immediate consideration
of a matter by the Board, notice is not required. Meetings shall be open to Owners, but may be
closed to discuss the following:
a. personnel matters;
b. pending or potential litigation, arbitration or other potentially adversarial
proceedings, between Owners, between the Board or Association and Owners, or
other matters in which any Owner may have an adversarial interest, if the Board
determines that closing the meeting is necessary to discuss strategy or to
1900058v3 (14q3#03!,DOC) 5
otherwise protect the position of the Board or Association or the privacy of an
Owner or occupant of a Lot; or
c. criminal activity arising within the Community if the Board determines that
closing the meeting is necessary to protect the privacy of the victim or that
opening the meeting would jeopardize investigation of the activity.
Section 4, Ouorum. Every act or decision done or made by the sole director of the first
Board shall be regarded as an act of the Board. Thereafter, a simple majority of the directors
shall constitute a quorum for the transaction of business. Every act or decision done or made by
the directors at a duly held meeting at which a quorum is present shall be regarded as an act of
the Board.
Section 5. Presiding Officer. The presiding officer of any meeting of the Board shall be
the president oqhe Association,
Section 6. Meetings by Conference Call.
a, A conference among directors, or among members of any committee designated
by the Board, by any means of communication through which the participants may
simultaneously hear each other during the conference, constitutes a meeting of the Board, or the
committee, provided the same notice is given of the telephone conference as would be required
for a meeting, and provided the number of persons participating in the telephone conference are
sufficient to constitute a quorum at the meeting. Participation in a telephone conference meeting
constitutes personal presence at the meeting.
b, A director may participate in a meeting of the Board, or any committee designated
by the Board, not described in paragraph (a) by any means of communication through which he,
other persons so participating, and all persons physically present at the meeting may
simultaneously hear each other during the meeting. Participation in a telephone conference
meeting constitutes personal presence at the meeting.
Section 7. Board Action Without a Meeting.
a. Any action required or permitted to be taken at a meeting of the Board may be
taken by written action signed by the number of directors that would be required to take the same
action at a meeting of the Board at which all directors were present, provided that all directors
must be notified of the text of the written action prior to the signing by any of the directors.
b. The written action is effective when signed by the required number of directors
unless a different effective time is provided in the written action, When written action is
permitted to be taken by less than all directors, all directors shall be notified immediately of its
text and effective date. Failure to provide the notice does not invalidate the written action.
1900058v3 (14q3#03 !.DOC) 6
ARTICLE VI.
Powers and Duties of the Board of Directors
Section 1. Powers. All of the powers of the Association shall be exercised by the Board,
including those existing under common law, statutes, the Articles and those powers designated
for the Association by the Rules and Regulations, Such powers shall include, but shall not be
limited to, the power to:
a. Adopt, amend and publish Rules and Regulations governing the use of the Lots
and Common Areas, and the personal conduct of the members and their guests in the Lots and
Common Areas, and to establish penalties for the infraction thereof;
b, Adopt and amend budgets for revenues, expenditures and reserves, and levy and
collect Assessments from Owners;
c. Exercise for the Association all powers, duties and authority vested in or
delegated to the Association and not reserved to the Members by other provisions of these
Bylaws, the Articles or the Declaration;
d. Make and collect assessments to defray costs and expenses, and use the proceeds
of assessments in the exercise of its powers and duties;
e, Expend money of the Association to improve, maintain, repair, and make
replacements in the Common Areas and improvements and fixtures therein as authorized by the
Declaration;
f. Enforce by legal means the provisions of the Declaration, the Articles, the
Bylaws, and the Rules and Regulations, and to levy fines for any violation thereof. Fines may be
levied as Special Assessments;
g, Employ and terminate such independent contractors or employees as the Board
deems necessary, and to delegate to such persons powers and duties of the Association except
such powers and duties as require approval of the Members;
h. Purchase such policies of insurance as allowed or required by the Declaration, or
any other insurance deemed appropriate to protect the Association or the Owners;
1. Increase the General Assessment in an amount not to exceed 5% of the prior
year's General Assessment, except that a greater increase may be approved by a majority vote of
the Members;
J. Establish any committees that the Board deems necessary or desirable, including,
but not limited to, an Architectural Review Committee;
k. Establish the Reserve Fund described in Section 3 below; and
1900058v3 (14q3#03!.DOC) 7
1. Declare the office ofa director ofthe Board to be vacant in the event such director
shall be absent from three (3) consecutive regular meetings of the Board without sufficient
reason and proper prior notification.
Section 2. Duties. It shall be the duty of the Board to:
a. Cause to be kept a complete record of all of its acts and corporate affairs and to
present a statement thereof to the Members at the annual meeting of the Members, or at any
special meeting when such statement is requested in writing by Members holding twenty percent
(20%) of the total voting power of the Association.
b. Make and file all elections and documents required in order to exempt from
taxation, insofar as possible, the income ofthe Association;
c. Supervise all officers, agents and employees of the Association, and see that their
duties are properly performed;
d. Prepare and distribute to the Members at or before the annual meeting an Annual
Report. At a minimum, the board must provide to each Owner prior to or at each annual meeting
an annual report containing:
(i) a statement of any capital expenditures in excess of two percent of the
current budget or $5,000, whichever is greater, approved by the Association of the
current fiscal year or succeeding two fiscal years;
(ii) a statement ofthe balance in any reserve or replacement fund;
(iii) a copy of the statement of revenues and expenses for the Association's last
fiscal year, and a balance sheet as ofthe end of said fiscal year;
(iv) a statement of the status of any pending litigation or judgments to which
the Association is a party;
(v) a statement of the insurance coverage provided by the Association; and
(vi) a statement of the total past due Assessments on all Lots, current as of not
more than 60 days prior to the date of the meeting;
e. Elect annually the officers of the Board of Directors;
f. As more fully provided in the Declaration, to:
(i) fix the amount of the General Assessment against each Lot at least
fifteen (15) days in advance of each General Assessment period in accordance
with the Declaration;
1900058v3 (14q3#03!.DOC) 8
(ii) send written notice of each Assessment to every Owner subject
thereto at least fifteen (15) days in advance of each General Assessment period;
and
(iii) foreclose, by action or by power of sale, the lien against any Lot for
which Assessments are not paid within thirty (30) days after due date, or to bring
an action at law against the Owner personally obligated to pay the same;
g. Issue, or cause an appropriate officer to issue, upon demand by any person, a
certificate setting forth whether or not any Assessment has been paid. A reasonable charge may
be made by the Board for the issuance of these certificates. If a certificate states an Assessment
has been paid, such certificate shall be conclusive evidence of such payment;
h. Procure and maintain adequate insurance as required by law or by the
Declaration; and
1. Cause all Common Areas and related improvements to be properly maintained.
Section 3. Reserve Fund.
a. Collection of Reserve Fund. After consideration of the future requirements for
maintenance, the Board shall levy as part of the General Assessment or as a Special Assessment
such sums of money as it shall determine necessary to provide for the payment of maintenance
and replacement of all improvements to and maintenance of the Common Areas that the
Association is obligated to maintain, repair or replace. Such monies shall be credited to an
appropriate account on the books of the Association with the designation "Reserve Funds."
b. Investment of Reserve Fund. The Board shall determine, on a quarterly basis,
what portion of the maintenance fee receivables to set aside for the reserve fund, and, at such
time, shall cause those funds to be invested in certificates of deposit, savings accounts, U.S.
government bonds or state or municipal bonds. No other investments of reserve funds shall be
allowed.
c. Use of Reserve Fund. Notwithstanding any provision to the contrary, the Reserve
Fund may be used for, but is not limited to:
(i) Constructing, repamng, maintaining and replacing fixtures and
improvements within Common Areas;
(ii) Repairing and replacing Common Areas which are the responsibility of
the Association;
(iii) Resurfacing or replacement of roads, parking spaces and driveways which
are the responsibility ofthe Association.
1900058v3 (14q3#03!.DOC) 9
(iv) Replacement of trees, grass, shrubs, and other landscaping of Common
Areas which are the responsibility ofthe Association.
Any replacement or repairs required by the negligent action of the Owner or his/her
resident or invitee shall be the sole financial responsibility of such Owner.
ARTICLE VII.
Officers
Section 1. Enumeration of Officers. The officers of this Association shall be a president,
a vice president, and a secretary-treasurer, who shall at all times be directors of the Board. Any
person may hold two or more offices, except that the officers of president and vice president and
the offices of president and secretary-treasurer shall be held by different persons. The Board
shall, from time to time, elect such other officers and designate their powers and duties as the
Board shall find to be required to manage the affairs ofthe Association.
Section 2. Election of Officers. The election of officers shall take place at the first
meeting of the Board following each annual meeting of the Members.
Section 3. Term. The officers shall be elected annually by the Board and each shall hold
office for one (1) year unless the officer shall sooner resign, or shall be removed, or is otherwise
disqualified to serve.
Section 4. Resignation and RemovaL Any officer may be removed from office with
cause by the Board. Any officer may resign at any time by giving written notice to the Board,
the president or the secretary. Such resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 5. Vacancies. A vacancy in any office shall be filled by appointment by the
Board. The officer appointed to such vacancy shall serve for the remainder of the term of the
officer being replaced.
Section 6. Duties. The duties of the officers are as follows:
a. President. The President shall be the chief executive officer of the Association.
The President shall have all of the powers and duties which are usually vested in the office of the
President of a corporation, including, but not limited to, the duty to preside at all meetings of the
Board and Members, and the general supervision over other officers and the affairs of the
Association. The President shall execute all contracts, agreements and obligations of the
Association except as such authority may be otherwise delegated by resolution of the Board of
Directors.
b. Vice President. The Vice President shall, in the absence or disability of the
President, exercise the powers and perform the duties of the President. The Vice President also
1900058v3 (14q3#03!.DOC) 10
.
shall assist the President and exercise such other powers and perform such other duties as shall
be prescribed by the directors.
c. Secretarv- Treasurer. The Secretary-Treasurer shall keep the minutes of all
proceedings of the Board and the Members and attend to the giving and serving of all notices to
the Members and directors and other notices required by law. The Secretary-Treasurer shall keep
the records of the Association, and shall perform all other duties incident to the office of a
secretary or treasurer of a corporation and as may be required by the Board or the President.
The Secretary-Treasurer shall have custody of all intangible property of the Association,
including funds, securities and evidences of indebtedness, and shall give bond in such sum and
with such sureties as the Board may require; and shall keep the Assessment rolls and accounts of
the Members, shall keep the books of the Association in accordance with good accounting
practices and shall submit them together with all vouchers, receipts, records and other papers to
the Board for examination and approval as often as the Board may require. The Secretary-
Treasurer shall deposit all monies and other valuable effects in the name of or to the credit of the
Association in such depositories as may be designated by the Board, shall disburse the funds of
the Association as ordered by the Board, and shall perform all other duties incident to the office
of a treasurer of a corporation. If a managing agent or manager is employed, the Board may
designate some or all of the foregoing functions to be entrusted to said agent or manager, subject
to bonding and subject to oversight and control by the Secretary-Treasurer.
ARTICLE VIII.
Fiscal Management
Section 1. Prooertv Held for Members' Benefit. All funds and the titles of all properties
acquired by the Association, and the proceeds thereof, after deducting therefrom the costs
incurred by the Association in acquiring the same, shall be held for the benefit of the Members
for the purposes stated in the Declaration and herein.
Section 2. Depositorv. The depository of the Association shall be such financial
institutions as shall be designated from time to time by the Board and in which the monies ofthe
Association shall be deposited. Withdrawal of monies from such accounts shall be only by
instruments signed by such persons as are authorized by the Board.
ARTICLE IX.
Assessments
All Assessments shall be levied and collected in accordance with the law and the
Declaration, and may be collected by all legal means available.
ARTICLE X.
Maintenance and Alterations by the Member
1900058v3 (14q3#03!.DOC) 11
.
Members shall perform their responsibilities in such manner as not to disturb other
Owners, shall not impair any easement affecting the Community, and shall comply with the
Rules and Regulations, Bylaws and Declaration.
ARTICLE XI.
Limitation on Contract Duration
No contract, lease, management contract or employment contract, which is directly or
indirectly made by or on behalf of the Association, shall be entered into for a period exceeding
two (2) years. Any contract providing for services by Declarant shall provide for termination by
either party without cause or payment of a termination fee, on ninety (90) days or less prior
written notice.
ARTICLE XII.
Books and Records
The books, records and papers of the Association shall at all times, during reasonable
business hours, be available for inspection by any Member or to any mortgagee, insurer or
guarantor upon request to the Secretary of the Association.
ARTICLE XIII.
Corporate Seal
The Association shall not have a corporate seaL
ARTICLE XIV.
Amendments
The Board shall have the right to amend these Bylaws by a resolution setting forth the
proposed amendment or amendments adopted by a majority of the Board.
ARTICLE XV.
Conflicts
In the case of any conflict between the Declaration and these Bylaws or Articles, the
Declaration shall control, and in the case of any conflict between the Bylaws and Articles, these
Bylaws shall controL
ARTICLE XVI.
Fiscal Year
The fiscal year of the Association shall begin on the 1st day of January and end on the
31 st day of December in each year, except that the first fiscal year shall begin on the date of
incorporation.
1900058v3 (14q3#03!.DOC) 12
.
ARTICLE XVII.
Severability
Invalidation of anyone of these Bylaws by judgment of court order shall in no way affect
any other provision which shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned, being the sole director of GREY OAKS
AT ANDOVER OWNERS' ASSOCIATION, has hereunto set his hand this _ day of
March, 2000.
Gerald Windschitl
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
On this _ day of March, 2000 personally appeared Gerald Windschitl, to me known
to be the person described in and who executed the foregoing instrument and acknowledged that
she is the sole director of Grey Oaks at Andover Owners' Association, and acknowledged said
instrument to be his free act and deed and the free act and deed of said Owners' Association.
Notary Public
1900058v3 (14q3#03!.DOC) 13
,
.
RECEIVED
.,
FEB 8 2000
CITY OF ANDOVER
DECLARATION OF COVENANTS
FOR
GREY OAKS AT ANDOVER
THIS INSTRUMENT DRAFTED BY:
Leonard, Street and Deinard (JMF)
30 East Seventh Street, Suite 2270
St. Paul, MN 55101
1900072v3 (14Q3S03!.DOCl
.
COMMO~ INTEREST COMMUNITY NO. -
PLANNED COMMUNITY
GREY OAKS AT ANDOVER
DECLARATION OF COVENANTS
THIS DECLARATION OF COVENANTS FOR GREY OAKS AT ANDOVER is
made as of this _ day of March, 2000 by GREY OAKS, INC., a Minnesota corporation (the
"Declarant").
RECITALS
A. Declarant is the owner in fee simple of the real property situated in the City of
Andover ("City"), in the County of Anoka, in the State of Minnesota, legally described on
Exhibit A attached hereto and incorporated herein by reference (the "Subject Property").
B. Declarant intends to develop the Subject Property as a planned community under
the City's planned unit development ordinance.
C. Declarant intends that the Subject Property ultimately will be comprised of single
family homes, twin-homes and condominium units together with substantial common areas.
D. Declarant and City have agreed that Declarant shall reserve the right to designate
some or all of the building to be developed as condominium units as "over 55 housing," subject
to the terms ofthe Declaration and applicable state and federal law.
E. To accomplish the foregoing, to preserve the value of the Subject Property, and to
facilitate the sale, re-sale, leasing and mortgaging of interests and estates in the Subject Property,
and the buildings, structures, improvements and other fixtures thereon, Declarant hereby subjects
the Subject Property to the terms ofthis Declaration.
F. In furtherance of the same goals, Declarant has incorporated under the laws of
Minnesota the Grey Oaks at Andover Owners' Association ("Association") to administer the
Subject Property pursuant to the Declaration.
G. Declarant desires and intends that the owners, mortgagees, occupants, and other
persons hereafter acquiring any interest in the Subject Property shall at all times enjoy the rights,
easements, privileges, and restrictions hereinafter set forth.
NOW, THEREFORE, Declarant, as the sole owner of the Subject Property and for the
purposes above set forth, hereby declares as follows:
1900072v3 (14Q3S03!.DOC)
ARTICLE I.
DEFINITIONS
The terms and phrases used in this Declaration shall have the meanings ascribed to them
below.
A. Association. "Association" or "Owners Association" means "Grey Oaks at
Andover Owners' Association," a nonprofit corporation organized under Chapter 317 A of
Minnesota Statutes, as amended, of which each Owner shall by virtue of such ownership interest
be a member, and which has been established for the purposes of administering, managing,
maintaining, operating, repairing, altering and improving the Common Areas and Limited
Common Areas of the Subject Property for the collective benefit of the members. The Single
Family Lots and Twin Home Lots within the Community are not subject to any master
association. The Association shall act as the master association for the Condominium Units
within the Community, which shall also be subject to one or more Condominium Associations
that will act as unit owners' associations for the Condominium Units.
B. Board. "Board" means the Board of Directors of the Association.
C. Bvlaws. "Bylaws" means the Bylaws of the Association, as amended from time
to time.
D. Common Areas. "Common Areas" means all the real property, including
improvements thereon, owned or to be owned by the Association (after conveyance by the
Declarant) for the common use and enjoyment of the Owners and occupants of the Lots, to-wit:
Lot 19, Block 3; Lot 1, Block 4; and Lot 1, Block 5, all in GREY OAKS, according to the plat
thereof filed in the office of the Anoka County Recorder, together with any other area, facility,
improvement, fixture or element within the Subject Property that is designed or intended for
common use.
E. Common Expenses. "Common Expenses" means expenditures made or liabilities
incurred by or on behalf of the Association together with any allocations for reserves including,
but not limited to, the following: premiums for any and all insurance maintained by the
Association including any deductible or co-insurance amount not covered by insurance; legal and
accounting fees; the unpaid portion of any assessment against a Lot that is acquired pursuant to a
mortgage foreclosure proceeding or a deed in lieu of foreclosure and not required to be paid by
such acquirer; deficits remaining from any prior assessment period; the cost of all fidelity bonds
required by the Board; all costs for the maintenance, operation, alteration, improvement and
replacement of the Common Areas and Limited Common Areas; and any other expenses for the
administration, operation and management of the Association and the Community determined
and assessed by the Board.
F. Communitv. "Community" means Grey Oaks planned community to be
developed on the Subject Property, portions of which are designated for ownership as Single
Family Lots, Twin Home Lots and Condominium Units (all as identified in attached Exhibit A
and hereinafter defined), and portions of which are to be owned and administered by the
1900072v3 (l4Q3S03! .DOC) 2
Association as Common Areas. The total number of residences planned to be constructed, and
the maximum number of residences that may be constructed, within the Community is 352.
G. Condominium Unit. "Condominium Unit" means any residence to be built within
the areas identified on Exhibit A as condominium lots, specifically Lots 11 and 12, Block 3; Lots
2 and 3, Block 4; and Lots 2, 3, 4 and 9, Block 5. Each Condominium Unit shall be a separate
parcel of real estate. The Condominium Units shall be govemed by one or more Condominium
Associations, and the Association shall act as the master association for all Condominium Units.
Each Condominium Unit shall be delineated on a Condominium Plat to be filed prior to
conveyance of the first Condominium Unit to an Owner other than Declarant.
H. Condominium Association. "Condominium Association" means one or more unit
owners' associations formed or to be formed by Declarant for the purpose of governing the
Condominium Units. Declarant hereby specifically reserves the right to form one or more
Condominium Associations. Each Owner of a Condominium Unit shall be a member of one
Condominium Association, and shall be a member of the Association, which shall serve as the
master association for the Condominium Units.
I. Declarant. "Declarant" means Grey Oaks, Inc., a Minnesota corporation, its
successors or assigns.
J. Declarant Control Period. "Declarant Control Period" means the period
commencing on the date of conveyance of the first Lot to an Owner other than Declarant and
continuing until the earlier of voluntary surrender of control by the Declarant, the date three (3)
years after the conveyance of the first Lot to an Owner other than Declarant, or the date sixty
(60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than
Declarant. In determining the Declarant Control Period, the percentage of the Lots which have
been conveyed shall be computed by including all Single Family Lots, Twin Home Lots, and
Condominium Units that Declarant has built or reserved the right to build.
K. Limited Common Areas. "Limited Common Area" means the real property
(including the improvements thereto) owned by the Association for the limited use and
enjoyment of only those Owners those Lots to which the particular Limited Common Area is
allocated. There are currently no Limited Common Areas in the Community, but some of the
Common Areas may be re-allocated as Limited Common Areas, but only with the written
consent of all Owners.
L. Lot. "Lot" means every Single Family Lot, Twin Home Lot, and Condominium
Unit, as herein defined and as designated on Exhibit A. Each Lot is hereby designated for
separate ownership, and the boundaries of each Lot shall be as delineated on the Plat, or, in the
case of Condominium Units, as to be delineated on a Condominium Plat to be filed.
M. Member. "Member" means each Owner of any Lot, each of whom shall be a
member of the Association solely by virtue of ownership. Where a Lot is being sold by the
Owner to a contract vendee who is entitled to possession, the contract vendee shall be considered
the Member if: (i) the rights of the contract vendor hereunder are delegated to the vendee under
such contract for deed and (ii) the vendee shall furnish proof of such delegation to the
1900072v3 (14Q3S03!.DOC) 3
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Lot.
N. Mortgagee. "Mortgagee" means the owner of any recorded mortgage of a Lot and
the successors or assigns of such mortgagee or any persons named as vendor or seller under any
contract for deed of a Lot and the successors or assigns of such vendor.
O. Owner. "Owner" means the record owner of any Lot, but does not include a
Mortgagee or a holder of an interest as Security for an Obligation.
P. Plat. "Plat" means the plat of "Grey Oaks," filed in the office of the Anoka
County Recorder. If the context requires, "Plat" may also refer to the recorded floor plan of any
condominium building constructed on one of the platted Lots reserved for condominium
development.
Q. Purchaser. "Purchaser" means a person who holds a valid and binding purchase
agreement for a Lot.
R. Recording Officer. "Recording Officer" means the County Recorder for Anoka
County, Minnesota.
S. Rules and Re~ulations. "Rules and Regulations" means the Rules and
Regulations of the Association adopted by the Declarant and/or Board of the Association, as
amended from time to time.
T. Security for an Obligation. "Security for an Obligation" means the vendor's
interest in a contract for deed, mortgagee's interest in a mortgage, purchaser's interest under a
sheriffs certificate of sale during the period of redemption, or the holder's interest in a lien.
U. Sin?le Familv Lot. "Single Family Lot" means any Lot designated on Exhibit A
as providing a single family residence, specifically Lots 15-18, Block 3.
V. Subiect PropertY. "Subject Property" means that certain real property situated in
the City of Andover, in the County of Anoka, in the State of Minnesota legally described on
Exhibit A of this Declaration, together with the buildings, structures, and other permanent
fixtures of whatsoever kind thereon, and any and all rights and privileges belonging to or in any
other way appertaining thereto.
W. Twin Home Lot. "Twin Home Lot" means any Lot designated on Exhibit A as
providing a twin home or townhome residence, specifically Lots 1-10, 13, and 14, Block 3; Lots
4-25, Block 4; and Lots 5-8, Block 5.
ARTICLE II.
DWELLING COVENANTS
A. Residential PUIJloses: Home Occupations. Each Lot shall be used only for
residential purposes and related ancillary uses. No Lot may be used for any commercial purpose,
1900072v3 (14Q3S03!.DOC) 4
except that Lots may be used by Owners for home occupations that are permitted by the
applicable zoning ordinances and the Rules and Regulations. Home occupations include but are
not limited to office and studio uses, and such other uses which by custom are considered
accessory to a dwelling; provided, however, that no sign advertising such occupation shall be
displayed. Other than home occupations, no business activity, trade, or occupation of any kind
shall be conducted, maintained or permitted in any dwelling. No Lot may be used for licensed or
unlicensed residential care facilities, licensed or unlicensed day care facilities, public or private
schools, or commercial agriculture, even if such uses may be permitted by applicable zoning
ordinances.
B. Building Regulations. The following regulations apply to dwellings or other
improvements constructed on Single Family Lots and Twin Home Lots (but not to Condominium
Units):
1. Height. Dwellings shall not exceed two full stories in height, plus
allowance for roof, as measured from grade. Walk-out and look-out basements shall not
be counted as a story.
2. Garages. Each dwelling shall have an attached and fully enclosed garage
for no more than three cars. No carports or detached garages are allowed.
3. Setbacks. Dwellings must be set back from all Lot lines in compliance
with City ordinances, as modified by any applicable planned unit development special
use permit and/or the revised preliminary plat for Grey Oaks.
C. Nuisances. No noxious or offensive trade or activity shall be conducted upon any
Lot.
D. Prohibited Dwellings. No temporary structure or outbuilding of any kind, such as
a trailer, tent, shack, garage, shed or barn shall be used on any Lot at any time as a dwelling.
E. Antennas. Except as provided in the next sentence, no exterior antenna,' aerial
tower, wire, line, cable, dish or other device for transmitting or receiving radio, television,
microwave, laser or other electro-magnetic signals ("antenna") shall be on any Lot without the
written permission of the Association. Pursuant to 47 CFR ~1.4000, the Association shall not
impair the use of: (a) antennas less than one meter in diameter designed to receive direct
broadcast television satellite service; (b) antennas less than one meter in diameter or diagonal
measurement designed to receive video progranlffiing services via multi-point distribution
services; or (c) antennas designed to receive television broadcast signals.
F. Animals. No animal may be bred, kept or maintained for business or cornmercial
purposes, anywhere on the Subject Property. Owners and their family and guests may keep
domesticated household pets, such as dogs and cats that do not pose an unreasonable threat to the
safety of others. Uncommon or exotic animals may not kept on any Lot. The Board shall have
the exclusive authority to regulate, through the Rules and Regulations, the keeping of animals on
Lots (provided the regulations are not inconsistent with the basic principles set forth in this
paragraph). The Association shall have the right to order an Owner to remove from the Owner's
1900072v3 (14Q3S03!.DOC) 5
Lot any animal that it deems, based on complaints and reasonable evidence, to be dangerous to
other Owners and occupants. The Board shall have the right to order an Owner or occupant to
remove from a Lot any dog that regularly barks continuously for more than ten minutes at a time.
Owners and occupants with pets shall be responsible for caring for their pets so as to keep the
pets from becoming a nuisance to other Owners and occupants. Owners shall be responsible for
cleaning up after their pets. Failure to promptly clean up after a pet will subject the Lot of the
pet's Owner to a special assessment for the cost of such cleanup. When an animal is on its
owner's Lot, it must be under control of the Owner or occupant. When an animal is elsewhere, it
must be on a leash not more than fifteen (15) feet long. The following additional restrictions
shall apply:
1. Single Family Lots. No more than two dogs or two cats (or one of each)
may be kept on any Single Family Lot. On Single Family Lots, no pet may weigh more
than 50 pounds.
2. Twin Home Lots. No more than two dogs or two cats (or one of each)
may be kept on any Twin Home Lots. On Twin Home Lots, no pet may weigh more than
25 pounds.
3. Condominium Units. The Condominium Association shall have the right
to adopt rules and regulations goveming the keeping of animals on Condominium Units.
Such rules and regulations may further limit, expand, or completely prohibit the keeping
of animals on any Condominium Unit, provided, however, that any Owner of a
Condominium Unit keeping animals thereon in accordance with this Section prior to the
adoption of such rules and regulations shall not be required to remove any such animal
upon prohibition or further limitation of the keeping of animals by the Condominium
Association. Until and unless the Condominium Association shall adopt such rules and
regulations, no more than one dog or cat may be kept on any Condominium Unit. On
Condominium Units, no pet may weigh more than 8 pounds.
G. Drivewavs: Parking: Vehicles. All driveways and parking areas constructed on
any Lot shall be paved with an asphalt, brick, concrete or bituminous surface no wider than the
side of the garage which faces in the same direction as the front of the house. Vehicles may be
kept in enclosed garages for any length of time. Vehicles may be parked elsewhere on a property
for no more than 72 consecutive hours. "Vehicles" include (without limitation) automobiles,
trucks, buses, vans, recreational vehicles, all-terrain vehicles, motorcycles, motorbikes, bicycles,
snowmobiles, jet skis, boats and other watercraft, house trailers, camping trailers, other trailers,
lawn mowers, and tractors of any kind.
H. Bare Ground. Every area on each Lot where natural vegetation has been removed
but not replaced with improvements or landscaping must, when feasible given the seasons, be
completely covered with sod or another natural vegetation approved by the Association. If an
Owner fails to sod or re-establish natural vegetation within a reasonable period established by the
Association, then the Association shall have the right (but not the obligation) to sod such area
and assess the Lot for all costs associated with the work.
1900072v3 (14Q3S03!.DOC) 6
I. Boulevard Trees. Declarant reserves unto itself and the Association the right
(without obligation) to plant and replace trees in the unpaved portion of every street right-of-way
adjoining a Lot. Declarant also reserves unto itself and the Association the right to enter upon
such unpaved portions of the street right-of-way to water, fertilize, trim and perform any other
work required to keep such tree attractive and healthy.
J. Fences. Fences are not permitted unless the Association has given its consent. All
fence requests must be submitted to the Board with a'site plan showing the fence locations and
details about the fencing materials. No fence shall exceed six (6) feet in height, and portions of
the fence above four (4) feet in height must be 50% open. If one side of the fence is more
attractive than the other side, the more attractive side shall face any neighboring Lots. Fences
must also conform to all municipal codes and regulations.
K. Special Declarant Rights. Notwithstanding anything seemingly to the contrary in
this Declaration, the Declarant shall have the following "Special Declarant Rights":
1. To complete improvements indicated on the revised Preliminary Plat of
Grey Oaks.
2. To further subdivide the land designated for condominium development in
attached Exhibit A as condominium buildings containing Condominium Units, subject to
this Declaration and state law.
3. To maintain sales and/or rental offices and management offices, and
models and signs advertising Lots, until all the Lots have been sold.
4. To appoint or remove any member of the Board as provided in the Bylaws
during the Declarant Control Period.
5. To have an easement throughout the Common Areas for the purposes of
pedestrian egress and ingress, and throughout the Common Areas and all Lots upon
which a dwelling has not been completed for the purpose of completion of any
construction work as is necessary to complete the improvements within the Cornmunity,
which easement shall terminate upon the later of: (a) the sale of the last Lot and the
completion of all work thereon and (b) the termination of the Declarant Control Period;
provided, however, that any easement granted by this paragraph that runs across a Lot
shall terminate automatically as soon as a dwelling is completed upon that Lot.
6. To lease dwellings on any of the Lots, including Condominium Units.
7. To create one or more Condominium Associations to govem the
Condominium Units.
L. Timeshares. Timeshares are not permitted.
1900072v3 (14Q3S03!.DOC) 7
ARTICLE III.
EASEMENTS
A. Easements for Encroachments. In the event that, by reason of the construction,
reconstruction, rehabilitation, alteration, improvement, settlement or shifting of the buildings,
any part of the dwelling or ancillary improvements lawfully constructed on a Lot encroaches or
shall hereafter encroach upon any part of another Lot, or any part of the Common Area, or if by
reason of the design or construction of any utility systems and ventilation systems, any main,
pipe, duct, flue or conduit (herein a "component") serving the dwelling on one Lot encroaches or
shall hereafter encroach upon any part of any other Lot, valid easements for the maintenance of
such encroachments and for such use of the component are hereby established and shall exist for
the benefit of such Lots so long as all or any part of the affected dwellings shall remain standing;
provided, however, that in no event shall a valid easement for any such encroachment or use of
the component be created in favor of any Owner (l) if such encroachment or use is detrimental to
or interferes with the reasonable use and enjoyment of another Owner's property, or (2) if it
occurred due to the willful conduct or gross negligence ofthe Owner of the benefited Lot.
B. Easements for Certain Utilities. The Declarant and Board may hereafter grant
easements for utility purposes for the benefit of the Lots, granting the right to install, lay,
maintain, repair and replace water mains and pipes, sewer lines, gas mains, telephone wires and
equipment, and electrical conduits and wires over, under, across, along and on any portion ofthe
Common Areas. Each Owner hereby grants said Board an irrevocable power of attomey to
execute, acknowledge, and record or file, for and in the name of each such Owner, such
instruments as may be necessary to effectuate the foregoing.
C. In~ess and Egress. Each Owner shall have a perpetual umestricted right of
ingress and egress to the Owner's Lot.
D. City Easements. The title of the Association in and to the Common Areas and the
Limited Common Areas is hereby made subject to a nonexclusive easement in favor of the City
for the purpose of ingress and egress for police, fire, rescue and other emergency calls, animal
control, health and protective inspection and to provide to the Owners other public services
deemed necessary by the City, and for the purposes set forth herein.
E. Insoection Rights. The Association, the City, and any other governmental entities
having jurisdiction over wetlands are herewith granted access for inspection, monitoring and
enforcement purposes to all parts of the Common Areas which contain wetlands.
F. Easements to Run With Land. All easement rights and obligations created in this
Article are affirmative and negative easements, running with the land, perpetually in full force
and effect and at all times shall inure to the benefit of and be binding upon Declarant, its
successors and assigns, and any Owner, Purchaser, Mortgagee, holder of a Security for an
Obligation and other person having any interest in a Lot.
1900072v3 (14Q3S03! .DOC) 8
ARTICLE IV.
RESTRICTIONS AND CONDITIONS
A. Compliance with Declaration. Bvlaws and Rules and Regulations of Association.
Each Owner and occupant ofa Lot shall comply with all of the provisions of this Declaration, the
Bylaws, the Rules and Regulations, and decisions of the Association made pursuant to the
authority granted to the Association in the foregoing documents, and failure to comply with any
such provisions shall be grounds for an action to recover damages or for injunctive relief.
B. Restrictions on Alienation of Units. There are and shall be no restrictions on the
alienation of Lots by reason of age, race, sex or religion; provided, however, that the Declarant
reserves the right to designate certain of the Condominium Units as "over 55" housing, but only
if all Condominium Units so designated are intended to, and are in fact, leased rather than. sold,
and further provided that any such "over 55" housing restrictions must comply in all respects
with the provisions of Minn. Stat. ~ 303.02 and the Federal Fair Housing Act amendments at 42
U.S.C. ~ 3607 (b)(2).
C. Impairment of Structural Integrity. Nothing shall be done, placed, installed, or
erected in or on any Lot that would impair the structural integrity of, or structurally change, any
other dwelling constructed on any other Lot.
D. Alterations of Units. No structural changes or additions shall be made to any
dwelling on a Lot without the prior written consent of the Board. The Board's consent shall be
requested by a written application submitted by the Lot Owner. The Board may require that an
Owner furnish adequate plans and specifications to describe the nature of the proposed changes
and alterations. Unless the Board gives the Owner a notice denying or limiting its consent within
thirty (30) days after delivery of the application and any requested plans and specifications, the
Board's consent may be presumed by the Owner.
E. Rules and Re~ulations. In addition to the foregoing restrictions, reasonable Rules
and Regulations, not in conflict therewith and supplementary thereto, may be promulgated and
amended from time to time by the Association. Copies of such Rules and Regulations and
amendments thereto shall be furnished by the Association to each Owner.
F. Restrictions. Conditions and Covenants to Run With Land. All Owners, by the
acceptance of a deed of conveyance, or by any other acquisition of an ownership interest, accepts
such deed or such interest, as the case may be, subject to all restrictions, conditions, covenants,
reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this
Declaration, and all rights, benefits and privileges of every character hereby granted, created,
reserved or declared, and all impositions and obligations hereby imposed shall be deemed and
taken to be covenants running with the land, and shall bind any person having, at any time, any
interest or estate in said land, and shall inure to the benefit of the Owner in like manner as though
the provisions of this Declaration were recited and stipulated at length in each and every deed or
other conveyance.
1900072v3 (14Q3S03!.DOC) 9
G. Non-Waiver of Covenants. No covenants, restrictions, conditions, obligations or
provisions contained in this Declaration shall be deemed to have been abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
ARTICLE V.
ASSOCIATION
A. Association. The Association shall act as the unit owners' association for all
Single Family Lots and Twin Home Lots within the Community. The Association shall also act
as the master association for any Condominium Units within the Community. All Condominium
Units shall be considered part of the Community, and shall also constitute their own common
interest community.
B. Membershio in Association. Each Owner, by virtue of such ownership interest,
shall be a Member of the Association and shall remain a Member until such time as the Owner's
ownership interest in the Lot ceases for any reason, at which time the Owner's membership in
the Association shall automatically cease. When one or more persons hold an ownership interest
in a Lot, all such persons shall be Members.
C. Rights of the Association. The Association shall have all powers of a unit owners
association and master association, as applicable, under state law, including the power to govern
and assess the Lots in the Community. Further, if the Association incurs maintenance or
construction costs as a result of a violation of the Declaration by any Owner, the Association
may, in addition to other legal remedies, assess the Lot of that Owner for the costs incurred.
D. Meetings. The Association shall hold annual and special meetings as required by
the Bylaws.
E. Board. Following the Declarant Control Period, the Members shall elect the
Board pursuant to the Bylaws.
ARTICLE V.
COMMON AREAS
A. Right to Use Common Areas. Every Owner shall have a nonexclusive right and
easement of enjoyment in and to the Common Areas, including the right of access to and use of
the improvements thereon. The right and easement shall be appurtenant to and shall pass with
the title to each Lot, even if not mentioned in an instrument of conveyance. Each Owner's right
to use the Common Areas shall be subject to the Rules and Regulations. Use of the Common
Areas shall be limited to those activities which, in the judgment of the Association, shall not be a
nuisance or an annoyance to the neighboring Lots. The Association may sponsor or permit
occasional events (such as Community or neighborhood picnics) upon the Common Areas. .
B. Right to Use Limited Common Areas. If Limited Common Areas are ever
designated in, or added to, the Subject Property, the Lots to which the Limited Common Areas
!900072v3 (14Q3S03!.DOC) 10
are allocated shall have a nonexclusive right and easement of enjoyment in and to the Limited
Common Area, including the right of access to and use of the improvements thereon. This right
and easement shall be appurtenant to and shall run with the title to each Lot to which the Limited
Common Areas are allocated, even if not mentioned in an instrument of conveyance. Each such
Owner's right to use the Limited Common Area shall be subject to the Rules and Regulations.
Use of each Limited Common Area shall be limited to those activities which, in the judgment of
the Association, shall not create a nuisance or be an annoyance to Owners or occupants of other
Lots.
C. Improvements in Common Areas and Limited Common Areas. Only the
Declarant and the Association shall have the right to install any improvements or plantings in the
Common Areas and/or the Limited Common Areas. Any improvements and plantings in the
Common Areas and/or the Limited Common Areas are property of the Association. The
Association shall be responsible for the maintenance, repair and replacement of all improvements
and plantings in the Common Areas and/or the Limited Common Areas. The Association may,
in its discretion, choose to remove (and not replace) any improvements and plantings in the
Common Areas and/or the Limited Common Areas. Any improvements to Common Areas and
the Limited Common Areas shall comply with the special use permit approved by the City.
D. Actions Affecting Common Areas and Limited Common Areas. During the
Declarant Control Period, the Declarant reserves the right to designate as Limited Common
Areas for the purpose of parking, allocated to the Condominium Units only, any area currently
designated on Exhibit A as a Common Area adjacent to the Condominium Units provided that
the same is approved unanimously by all Owners. After the Declarant Control Period, the
Common Areas and Limited Common Areas shall not be abandoned, partitioned, subdivided,
encumbered, leased, sold, transferred or dedicated for public use, except by the recording of an
instrument executed by the Association, by the Owners owning at least 67% of the Lots, and, in
the case of an action affecting a particular Limited Common Area, by the Owners owning at least
67% of the Lots to which the Limited Common Area is allocated.
E. Recreational Facilities. The Declarant and the Association may, but are not
obligated to, build recreational facilities upon any part of the Common Areas, except within
wetland areas or areas burdened with drainage, utility or pipeline easements. Recreational
facilities include the following facilities: swimming pool; restroom buildings; storage buildings;
playground equipment; tennis, basketball, volleyball and tetherball courts; park benches, picnic
tables and similar improvements; sand boxes, paved playing surfaces and other children's play
areas; and paved or unpaved trails, along with any parking lots, landscaping, fences, lighting and
utilities appurtenant thereto. All recreational facilities, equipment and other improvements on
said parcel shall belong to the Association as Common Areas and shall be operated, maintained,
and repaired by the Association. The Association shall have the right to replace or remove
(without replacing) any recreational facilities, equipment or improvements in the Common
Areas; provided, however, that as long as the Declarant owns a Lot, such removal shall require
Declarant's consent.
F. Conservation Areas. To promote natural vegetation, maximize wildlife habitat,
control erosion and improve water quality, no person except the Declarant or the Association
approved by the City shall excavate, fill, install any structure in, or landscape, mow or apply
1900072v3 (14Q3S03!.DOC) 11
.
herbicides within, the areas of the Common Areas which are wetlands or are within drainage and
utility easements. Declarant hereby reserves unto itself and the Association the right to restore
degraded wetlands and create new wetlands to replace wetland which will be lost or diminished
in the development process. The Association shall have the right, but not the obligation, to
maintain the size and type of all wetlands in the Common Areas.
G. Public Sidewalks. Declarant and the Association shall have the right to construct
public sidewalks within the unpaved portion of any street rights-of-way in the Community. Any
such sidewalks will be dedicated to, and will be owned, repaired, and replaced by, the City in its
discretion. The Association shall keep any public sidewalks within or adjacent to Common Areas
and Limited Common Areas free from leaves, grass clippings and other debris and mow and
maintain the areas between streets and Common Areas and Limited Common Areas. The Owner
of any Lot adjacent to a public sidewalk shall keep it free of leaves, grass clippings and other
debris and mow and maintain the areas between the sidewalk and the street. The Association
may at its discretion (but shall not be obligated to) elect to plow snow from sidewalks within
portions of the rights-of-way of public streets.
ARTICLE VI.
ASSESSMENTS AND LIENS
FOR ASSESSMENTS
A. Assessments. The Declarant hereby covenants, and each subsequent Owner of
any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association: (a) general assessments or charges
("General Assessments"), and (b) special assessments for capital improvements or capital
equipment to be owned by the Association ("Special Assessments"), (collectively, General
Assessments and Special Assessments shall be referred to herein as "Assessments").
Assessments shall be due and payable in lump sums or in equal periodic installments as
determined by the Board.
B. Personal Obligation. Each installment of an Assessment, together with interest,
costs and reasonable attomeys' fees, shall be the personal obligation of the person who was the
Owner of such Lot at the time when the installment fell due. The personal obligation for
delinquent installments shall not pass to the Owner's successors in title unless expressly assumed
by them. Sale or transfer of any Lot shall not affect the assessment lien, except as otherwise
specifically provided in this Article.
C. PU11>ose of General Assessments. General Assessments shall be imposed for the
purpose of promoting the recreation, health, safety, and welfare of the residents of the Lots and
for the improvement and maintenance of the Association's easement areas, Common Areas
and/or Limited Common Areas and may include (but not be limited to) payment by the
Association for the following items:
1. Utility services;
2. Taxes and Special Assessments against the Association's property, if any;
1900072v3 (14Q3S03!.DOC) 12
3. Income and other taxes levied or assessed against or charged to the
Association, if any;
4. Premiums for insurance carried by the Association, the deductible amount
not covered by such insurance and the additional amounts deposited by the Association or
its Board to repair or restore improvements on the Common Areas and/or Limited
Common Areas;
5. Repair, replacement, construction, reconstruction, alterations,
maintenance, snow removal, and additions to personal property and improvements owned
by the Association;
6. The cost of labor, equipment, and materials for all work done by or for the
Association; and
7. Reasonable fees for management and supervision of the Association's real
and personal property.
Adequate reserve funds funded from General Assessments and not from Special Assessments,
shall be maintained for (i) maintenance, repair and replacement of Entrance Improvements and
all other structures and equipment that must be replaced by the Association on a periodic basis;
and (ii) contingencies, emergencies and working capital needs.
D. Maximum General Assessment. Each year after the first full fiscal year of the
Association, the Board may increase the annual General Assessment in an amount not to exceed
5% of the previous year's General Assessment. Any increase in excess of this amount shall
require the approval of a simple majority of the votes of all Owners who are voting in person or
by proxy at the annual meeting or at a special meeting called for this purpose.
E. Special Assessments for Capital Improvements. In addition to the General
Assessments authorized above, the Association may levy Special Assessments, payable in
installments extending up to five years, for the purpose of defraying, in whole or in part, the cost
(not covered by reserves) of any construction, reconstruction, repair or replacement of the
Entrance Improvements or any other structures or equipment to be owned or maintained by the
Association, provided that any such Special Assessment shall have the assent of a simple
majority of the votes of all classes of Owners who are voting in person or by proxy at an annual
meeting or at a special meeting duly called for this purpose.
F. Citv Actions. If the City maintains, repaIrs, or constructs any public
improvements pursuant to this Declaration or the laws of the State of Minnesota, then the City
may assess the cost of said maintenance, repairs or construction directly against the benefited
Lots, or the City may assess the Common Areas and/or the Limited Common Areas for the cost
of said maintenance, repairs, or construction. If the City assesses the Common Areas and/or the
Limited Common Areas for the cost of said maintenance, repairs, or construction, then the
Association shall levy a Special Assessment against all Lots to defray the total amount of the
City assessment. Such a Special Assessment by the City or the Association need not have the
consent of the Owners or occupants of the Lots.
1900072v3 (l4Q3S03!.DOC) 13
G. Uniform Rate of Assessment. Assessments shall be fixed at a uniform rate for all
Lots; provided, however, that any Lot owned by the Declarant shall be assessed at 25% of the
rate assessed against Lots owned by other persons at all times prior to substantial completion of
any residence thereon, as evidenced by a certificate of occupancy issued by the City.
H. Date of Commencement of General Assessments: Due Dates. The Board shall fix
the amount of the General Assessment provided for herein against each Lot at least 15 days in
advance of the date that the first installment for the General Assessment is due and payable. The
initial General Assessment period shall commence as to all Lots the first day of the month
following the recording of this Declaration and run through and including the next succeeding
December 31. Each succeeding General Assessment period shall be a calendar year. Written
notice of the General Assessment shall be sent to every Owner.
I. Effect ofNonpavment of Assessments: Remedies of the Association. Assessments
shall become a lien upon each Lot on the earliest date any part of the same is due and payable.
Assessments, together with interest, costs, and reasonable attomeys' fees, shall be a charge upon
each Lot and shall be a continuing lien upon each Lot. The Association may bring an action at
law against the Owner personally obligated to pay the same, or foreclose by action or by power
of sale the lien against the Lot in the same manner as a real estate mortgage may be foreclosed.
In addition, any installment of an Assessment not paid within 15 days after its due date shall bear
interest from the due date at the rate of 8% per annum. No Owner may waive or otherwise escape
liability for Assessments by nonuse of the Common Areas and/or Limited Common Areas or
abandonment of the Owner's Lot.
1. Subordination of the Lien to Mortgages. The Assessment lien provided for herein
shall be subordinate to the lien of any first mortgage. While the transfer of any Lot generally
does not affect the Assessment lien, the foreclosure of any such mortgage or any proceeding in
lieu thereof or deed in lieu of foreclosure, shall extinguish the lien of such Assessments as to
Assessments due and payable prior to such foreclosure or proceeding in lieu thereof or which
become due during any period of redemption and, if the Assessments for which the liens were
extinguished cannot be collected in an action against the Lot or against the person(s) personally
obligated to pay them, the Association shall bear such Assessment as a common cost. No sale or
transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or
from the lien thereof.
K. Certificate ofPavment. The Association shall, upon demand, furnish to an Owner
or a Mortgagee or holder of an interest as Security for an Obligation a certificate signed by an
officer of the Association setting forth whether the Assessments on the specified Lot have been
paid in full and, if not paid in full, stating which Assessments are unpaid. A reasonable charge
may be made by the Association for the issuance of such certification. A properly executed
certificate of the Association as to the status of Assessments on a Lot shall be binding upon the
Association as of the date of its issuance.
1900072v3 (14Q3S03!.DOC) 14
ARTICLE VII.
ASSOCIATION INSURANCE
A. PropertY and Commercial General Liability Insurance. Commencing not later
than the time of the first conveyance of a Lot to an Owner other than Declarant, the Association
shall keep in force at all times:
1. Commercial general liability insurance against claims and liabilities
arising in connection with the ownership, existence, use or management of the Subject
Property, with coverage of at least $1,000,000 for any single occurrence and at least
$2,000,000 aggregate coverage. The policy must contain a severability of interest clause
or an endorsement which shall preclude the insurer from denying the claim of an Owner
because of negligent acts of the Association or other Owners. The Declarant shall be
named as an additional insured to any such insurance for so long as the Declarant owns a
Lot.
2. Property insurance, for broad form covered causes of loss and in an
amount not less than the full insurable replacement cost of the insured property, on the
Common Areas and on all structures on Lots that have or share contiguous walls, siding,
or roofs with other structures on Lots, except that the Association's insurance provided
pursuant to this Article need not cover any Condominium Units that may be covered by a
policy procured by the Condominium Unit Association. The insurance need not cover
the following items within the Lots: (a) ceiling or wall finishing materials; (b) floor
coverings; (c) cabinetry; (d) finished millwork; (e) electrical or plumbing fixtures serving
a single unit; (f) built-in appliances; or (g) other improvements or betterments, regardless
of when installed. The Declaration shall be named as an additional insured to any such
insurance for so long as the Declarant owns a Lot.
Insurance policies carried pursuant to this Article shall provide that each Owner and Mortgagee
is an insured person under the policy with respect to liability arising out of the Owner or
Mortgagee's interest in the Common Areas or membership in the Association, that the insurer
waive its right to subrogation under the policy against any Owner or members of the Owner's
household and against the Association or the Board, that no act or omission by any Owner or
secured party, unless acting within the scope of authority on behalf of the Association, shall void
the policy, and that, if at the time of a loss under the policy there is other insurance in the name
of an Owner covering the same property or claim, the Association's policy is primary insurance.
B. Other Insurance. The Association shall also procure:
1. Fidelity bonds or insurance coverage against dishonest acts on the part of
directors, officers, managers, trustees, employees or persons responsible for handling
funds belonging to or administered by the Association if deemed to be advisable by the
Board;
2. Worker's compensation insurance if required by law;
1900072v3 (l4Q3S03!.DOC) 15
3. Directors and officers liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time; and
4. Such other insurance as the Board may determine from time to time to be
in the best interest of the Association and the Owners.
C. Cost of Insurance. The cost of such insurance shall be assessed against the
Owners and their Lots as provided in this Declaration.
D. First Mortgagees. First Mortgagees of Lots, jointly or singly, may pay overdue
premiums on insurance policies or may secure new insurance coverage upon the lapse of a policy
for the common property. First Mortgagees making such payments shall be owed irnmediate
reimbursement from the Association. The Association is authorized to enter into an agreement in
favor of all first Mortgagees of Lots establishing entitlement to such reimbursement.
ARTICLE VIII.
AMENDMENTS TO DECLARATION
A. Percentage of Unit Owners and Mortgagees. During the Declarant Control
Period, this Declaration may be amended only by vote or written agreement of Owners to which
at least sixty-seven (67%) of the votes in the Association are allocated. Following the Declarant
Control Period, this Declaration may be amended by the Association only by a vote or written
agreement of Lot Owners to which at least sixty-seven percent (67%) of the votes in the
Association are allocated, and sixty-seven percent (67%) of the first mortgagees of Lots (each
mortgagee having one vote per Lot financed).
B. Recordation. Every Amendment to the Declaration shall be recorded in the office
of the Anoka County Recorder, and is effective only when recorded.
C. Secretarv's Affidavit. An affidavit of the secretary of the Association stating that
the votes or agreements required by this Article have occurred shall be attached to the
amendment and shall constitute prima facie evidence of the representations contained therein.
ARTICLE IX.
GENERAL PROVISIONS
A. Interpretation of Declaration. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the ownership and operation of
a planned, mixed-use residential community. Compound words beginning with the prefix "here"
shall be read as referring to this Declaration and not merely to the part of it in which they appear.
B. Examination of Records. Owners, lenders, and holders, insurers or guarantors of
any first mortgage shall be entitled to inspect current copies of the Declaration, Bylaws, and
Rules and Regulations goveming the Community and the books, records and financial statements
of the Association upon request during normal business hours or under other reasonable
circumstances. Any person or entity holding a first mortgage on a Lot shall be entitled to have
1900072v3 (14Q3S03!.DOC) 16
an audited financial statement for the immediately preceding fiscal year prepared at the expense
of such person or entity holding a first mortgage.
C. Notices. All notices, objections, demands and other communications required or
permitted to be given or served under this Declaration shall be in writing and shall be deemed to
have been duly given if delivered in person or deposited in the United States mail, postage
prepaid, for mailing by certified or registered mail, return receipt requested, as follows:
1. Member. In the case of each Member, to the Member's last address as
shown on the records of the Association;
2. Association. In the case of the Association, to its President or
management agent at the last address shown for such person on the records of the
Association, or if not obtainable, to its registered office in the State of Minnesota; or
3. Declarant. In the case of the Declarant, Grey Oaks, Inc, c/o Gerald
Windschitl, 3640 152nd Lane N.W., Andover, MN 55304.
D. Successors and Assigns. This Declaration shall be binding upon and inure to the
benefit of the Association, its Members and the Declarant, and their heirs, successors and
aSSIgns.
E. Severable Provisions. Each provision of this Declaration is intended to be
severable. If any term or provision herein is illegal or invalid for any reason whatsoever, such
illegality or invalidity shall not affect the validity of the remainder of this Declaration.
F. Titles. Headings or Captions and Reference to Gender. All titles, headings or
captions in the paragraphs or sections of this Declaration are inserted for convenience of
reference only and shall not constitute a part of this Declaration or as a limitation of the scope of
the particular paragraphs or sections to which they apply. The masculine gender may be read as
the feminine gender or the neuter gender, the neuter gender may be read as the masculine gender
or feminine gender and the feminine gender may be read as the masculine gender or the neuter
gender. Where appropriate the singular may be read as the plural and the plural may be read as
singular.
G. Minor Revisions. The Declarant reserves the right to make minor, non-material
changes to the Declaration, Articles and Bylaws in order to comply with the requirements of its
mortgagees, the Anoka County Recorder, and any change in the Minnesota Common Interest
Ownership Act.
H. Minnesota Law to Govern. This Declaration shall be construed and enforced in
accordance with the laws of the State of Minnesota.
I. Right of Action. Failure of any Owner or the Association to comply with the
provisions of this Declaration, the Bylaws or Rule or Regulation shall give rise to a cause of
action by any aggrieved Owner or the Association.
1900072v3 (14Q3S03!.DOC) 17
.
ARTICLE X.
PROVISIONS FOR MORTGAGEES
The following provisions shall take precedence over all other provisions of this
Declaration, and in the event of any inconsistency or contradiction, the following provisions shall
control:
A. Notice of Meetings. The holder of any mortgage of record against any Lot, upon
written notice to the Association advising it of such mortgage interest and its mailing address,
shall be given written notice by the Association of all regular and special meetings ofthe Owners
and of the Board; but failure to give such notice to any or all such mortgagees shall not invalidate
or affect, in any way, such meeting, if otherwise duly called and held.
B. No Suspension of Rights. Any voting rights which are suspended as to any
Owner pursuant to this Declaration or the By-Laws, shall not be suspended as to any mortgagee
or other person who becomes an Owner by virtue of mortgage foreclosure or by any transfer of
title in lieu of foreclosure, because of any default or failure of the prior Owner.
C. Notice of Defaults. The holder of any mortgage of record against any Lot, upon
written request given by the holder of such mortgage to the Association advising the Association
of such mortgage interest and its mailing address, shall be given written notice by the
Association of all defaults of the Owner of the Lot upon which such mortgage is a lien, then or
thereafter existing, in fulfilling the Owner's obligations under this Declaration or the By-Laws;
but the defaults set out in such notice shall not be conclusive or binding on the Association, and
the Association shall have the right to enforce all claims against such Owner for all defaults of
such Owner whether or not notice thereof is given to the holder of such mortgage.
D. Copv of Budget. The holder of any mortgage of record against any Lot, upon
written request given by the holder of such mortgage to the Association advising the Association
of such mortgage interest and its mailing address, shall be sent a copy of the proposed annual
budget of the Association at least 15 days prior to the meeting at which such proposed annual
budget is to be considered, and the holder of such mortgage shall be entitled to raise objections to
and comments upon such proposed annual budget at such meeting or otherwise; but failure to
send such copy to any or all such mortgagees shall not invalidate or affect, in any way, such
proposed annual budget or any action taken with respect thereto, nor shall any objection or
comments by any such mortgagees with respect to such proposed annual budget be binding upon
the Association.
1900072v3 (l4Q3S03! . DOC) 18
IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day
and year first above written.
GREY OAKS, INC.
a Minnesota corporation
By:
Gerald WindschitI, President
STATE OF MINNESOTA )
) ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this _ day of ,2000
by Gerald WindschitI, the President of Grey Oaks, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY:
Leonard, Street and Deinard (JMF)
30 East Seventh Street, Suite 2270
St. Paul, MN 55105
.
1900072v3 (14Q3S03!.DOC) 19
EXHIBIT A
TO
DECLARATION
GREY OAKS AT ANDOVER
ANOKACOUNTY,MINNESOTA
SUBJECT PROPERTY
Single Family Lots: Lots 15-18, Block 3;
Twin Home Lots: Lots 1-10,13 & 14,Block 3;
Lots 4-25, Block 4; and
Lots 5-8, Block 5;
Condominium Units: Lots 11 &12, Block 3;
Lots 2 & 3, Block 4; and
Lots 2, 3, 4 & 9, Block 5;
Common Areas: Lot 19, Block 3; Lot 1, Block 4; and
Lot 1, Block 5
All in "GREY OAKS" filed with the Anoka County, Minnesota Recorder.
1900072v3 (14Q3S03!.DOC)
d
DATE Februarv 15. 2000
. '\
I ITEMS GIVEN TO THE CITY COUNCIL
. Special Closed City Council Minutes - September 21,19999
. Special Closed City Council Minutes - October 5, 19999
. Special City Council Minutes - November 23, 1999
. Park & Recreation Minutes - January 20, 2000
. Planning & Zoning Minutes - February 25, 2000
. EDA Minutes - January 27,2000
. HRA Minutes - February 1, 2000
. City Council Minutes - February 1, 2000
. Summary of New Resident Survey
. January 2000 Building Dept., Report
. Park & Recreation Commission Listing
. 1999 Building Department Report
, . Ord. No. 247
/
. Park Dedication
. Proposed Multi-Family Land Exchange
. Grey Oaks Preliminary Plat
. Woodland Estates 2nd Addition Feasibility Report
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
I THE NEXT AGENDA.
THANK YOU.
.
.
\ Summary of New Resident Survey
, )
Prepared by
David R. Madsen
The New Resident survey was administered to 983 addresses in Andover.
The goal was to reach residents of Andover that have lived here less than five years.
Because many of the addresses were empty lots, a total of 379 surveys were issued, or
38.6%. Of the 379 issued, 354 were retumed for a success of 93.4%.
The survey was distributed on three different days; Friday January 7, 2000; Saturday
January 8, 2000; and Saturday January 15, 2000. Collection of the completed surveys
was done one hour after distribution. My feelings were that the less time provided to
complete the survey, the higher the percentage of returned surveys would be.
Distribution and collection of the surveys. 104.75 hours
Compiling results in an Excel spreadsheet. 44.00 hours
Planning for the above. 29.75 hours
Total time, planning, distribution, collection &
compiling results of the surveys. 178.50 hours
/ The compiled results of the survey are attached along with the actual surveys and a disc
containing the Excel spread sheet.
Not all totals equal the number of surveys as people did not always respond to all
questions.
David Madsen
.
;
\ General Community Questions
, )
Of the people surveyed, 208 had lived in Andover less than one year and 139 had
lived here less than 3 years. People that moved into Andover came from 86 different
cities from 23 different states, including Minnesota. Cities that people moved from the
most were Coon Rapids, Blaine, and people relocating within Andover itself. The bulk
of the respondents planned on staying in Andover over 10 years. (235)
What the residents liked most about Andover are the location, rural character, quite,
and the schools. What they liked least was the access to services, cost of housing,
schools, and lack of its own police service.
The most common occupation was being a professional; the second most common
was being an owner/operator of their own business. The highest salary range was
$105,000.00 and up, with about 30% of the respondents in that range. The most common
asked for service was more restaurants and more shopping.
Park and Recreation
The most common desire of the respondents was for more neighborhood parks, more
nature areas, and the establishment of a full service Community Center. The least desired
\ aspect of Park and Recreation was the need for an outdoor pool, and indoor ice arena, and
)
an indoor pool unless it was part of a Community Center.
The respondents wanted more walking and jogging paths, more roller blade paths, and
more bike paths. There is a feeling that the park areas should be interconnected via a trail
system with possible overhead bridges.
It was interesting that there was an exact split with the question on whether or not there
should be sidewalks. There were 168 for, 168 against, and 18 respondents not indicating
a choice.
Andover's Vision
Most people see Andover in 10 years as a good place to raise children, a growing
community, and a typical suburb. The most common thing that will make Andover a
better community is to establish community unity by building more and better schools
including its own high school but not to locate these near existing neighborhoods.
: .
, New Resident Survey Results
GENERAL COMMUNITY QUESTIONS
"
, /,Iow long have you lived at your current address?
0-1 years 1-3 years 3.5 years TOTAL
208 139 7 354
2. Where did you previously live?
City State TOTAL
86 23
3. How long do you expect to live in Andover?
No Answer 0-1 years 1-3 years 3-5 years 6-10 years Over 10 years TOTAL
2 3 13 36 65 235 354
4. What do you like most & least about living in Andover?
3 LIKES Rank 1 Rank 2 Rank 3 3 DISLIKES Rank 1 Rank 2 Rank 3
Location 109 44 29 Location 20 15 13
Rural character 77 59 29 Rural character 2 7 7
Safety 30 23 29 Safety 2 3 7
Physical environment 37 43 26 Physical environment 5 8 6
Quiet 70 49 50 Quiet 8 9 5
Police Service 10 9 10 Police Service 23 7 8
Fire Protection 5 4 5 Fire Protection 5 7 3
~ 'st of housing 20 23 23 Cost of housing 47 32 16
.iools 50 34 39 Schools 32 16 9
Community Image 23 11 20 Community Image 8 12 13
Access to Services 11 11 22 Access to Services 58 48 28
Other Other
TOTAL 442 310 282 TOTAL 210 164 115
5. What are the ages of people in your household, starting with the oldest?
SEE Ages sheet in Exel Workbook
6. What are the occupations of non-students in your household and in which
community do they work?
Type of Occupation TOTAL
Professional 316
Owner/Manager 71
Clerical 28
Skilled trade 70
Labor 17
Retail sales 15
No Answer 5
Sub-total 522
Other 46
Sub-total 46
.J
Retired 19
Sub-total-retired 19
TOTAL-ALL 587
1 by David R. Madsen
I .
I New Resident Survey Results
7. Based on the following income rages, please check the range which
approximates the total pre-tax income of your household.
\,
, J
Selection TOTAL
$30,00 I - 45,000 3
$45,001 - 60,000 37
$60,0001 -75,000 60
$75,001 - 90,000 69
$90,00 I - 105,000 46
$105,00 I + 83
NO$ 56
354 TOTAL
8. Number of adults in your household who are employed?
Selection TOTAL
Full Time 473
Part time 104
Retired 19
Not Employed 18
614 TOTAL
9. What additional shopping & service opportunities would you like to see
available within the community?
,
,
PARKS AND RECREATION
10. Please rank the importance of each of the following types of facilities
as Andover continues to develop its park system.
Selection Ranks 1 Ranks 2 Ranks 3 Ranks 4 Ranks 5
Neighborhood Parks 164 87 52 10 10
Community parks dedicated to active use (game field) 69 91 92 34 25
Community parks dedicated to passive use (nature areas) 104 101 78 31 16
Swimming pool - outdoor 33 70 96 56 56
Swimming pool - indoor 47 72 94 50 56
Community recreation center (multi-purpose gym) 87 78 79 34 31
Indoor Ice Arena 47 57 72 62 79
11. Excluding participation in organizational activities, how many times during
the past years have members of your household used the city parks?
o times 1-5 times 6-20 times 21 + times
57 108 109 56
12. Which Andover city park do members of your household use most often?
'.
I
2 by David R. Madsen
, .
New Resident Survey Results
13. How do members of your household usually get to the park?
Selection TOTAL
, . Walk 117
Bike 150
Drive 129
01her II
14. As the city continues to grow, it has the opportunity to develop a trail system
as a recreation facility and as a way to connect neighborhoods with
recreational and commercial facilities.
As the city considers a community trail system, what type(s) of uses should
be provided for?
Selection TOTAL
Walkers/joggers 302
Rollerblades 211
Bicycles 291
Snowmobiles 59
Horses 33
X-country skiing 98
No Comment 6
15. Do you favor the construction of sidewalks to serve residential area?
Yes No No Comment
; 168 168 18
- . /
ANDOVER'S VISION
16. Where do you see Andover in ten years? Please check 3, ranking not required.
Selection TOTAL
Typical suburb 106
Bedroom community 27
Good place to raise children 222
Rural 31
Safe 105
Growing 127
Friendly 69
Well-planned 67
Quiet 64
Progressive 45
Inconvenient 6
Strong sense of community 73
Weak sense of community 15
Environmental problems 11
Other 4
commitment to preserving nature I
stronger police, fire,and medical services 1
, congested 2
\
/ wide gap between well kept homes & eyesores 1
done growing I
17. What is one major improvement that would make Andover a better place?
3 by David R. Madsen
A
TO: Mayor and City Council ....11// JANUARY
FROM: David Almgren !:: ~,
RE: 2000 Monthly Suildin Report
BUILDING PERMITS
PermiUPlan Tax Total Valuation
13 Residential 13 SIWI Septic $ 19,423.40 $ 685.00 $ 20,108.40 $ 1,370,000.00
2 Additions $ 755.29 $ 15.75 $ 771.04 $ 31,500.00
I Garages $ -
Remodeling/Finishing $ -
Commercial Building $ -
1 Pole Bldgs/Barns $ 185.21 $ 3.00 $ 188.21 $ 6,000.00
Sheds I I $ -
Swimming Pools $ -
1 Chimney/Stove/Fireplace $ 69.75 $ 1.30 $ 71.05 $ 2,600.00
Structural Changes $ -
2 Porches/Decks $ 151.25 $ 1.95 $ 153.20 $ 3,900.00
1 Repair Fire Damage $ 577.09 $ 12.50 $ 589.59 $ 25,000.00
3 Re-Roof I $ 160.00 $ 1.50 $ 161.50
Other $ -
Commercial Plumbing $ -
Commercial Heating $ -
1 Commercial Fire Sprinkler $ 48.26 $ 0.50 $ 48.76 $ 705.00
Commercial Utilities $ -
Commercial Grading $ -
j $ -
24 I SUBTOTAL $ 21,370.25 $ 721.50 $ 22,091.75 $ 1,439,705.00
PERMITS FEES COLLECTED
24 Building Permits $ 21,370.25 $ 721.50 $ 22,091.75
Ag Building $ -
Curb Cut $ -
Demolition $ -
Footing $ -
Renewal $ -
Moving $ -
27 Heating $ 900.00 $ 13.50 $ 913.50
30 Gas Fireplaces $ 1,240.00 $ 15.00 $ 1,255.00
27 Plumbing $ 2,541.00 $ 13.50 $ 2,554.50
183 Pumping $ 549.00 $ 549.00
Septic New $ -
Septic Repair $ -
13 Sewer Hook-Up $ 325.00 $ 325.00
13 Water Meter $ 650.00 $ 650.00
Sewer Change Over $ -
Water Change Over
13 Sac Retainage Fee $ 143.00 $ 143.00
13 Sewer Admin. Fee $ 195.00 $ 195.00
14 Certificate of Occupancy $ 56.00 $ 56.00
/ 13 License Verification Fee $ 65.00 $ 65.00
Reinspection Fee $ -
30 Contractor License $ 750.00 $ 750.00
Rental License $ -
Health Authority $ -
$ -
'. 400 TOTALS ,$ 28,784.25 $ 763.50 $ 29,547.75
,
I
Total Number of Homes YTD I 2000 13
Total Number of Homes YTD 1999 22
Total Valuation YTD - 2000 $ 1,439,705.00
Total Valuation YTD - 1999 $ 2,627,800.00
Total Building Department Income YTD- 2000 $ 28,784.25
Total Building Department Income YTD- 1999 $ 48,313.47
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'\ CITY OF ANDOVER
'\ J COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 247
AN ORDINANCE PROVIDING FOR PUBLIC RIGHT -OF- WAY MANAGEMENT.
The City Council of the City of Andover hereby ordains as follows:
SECTION 1. The Code of the City of Andover is hereby amended by providing for a
public right-of-way management.
Article L Election to Manage Public Right-of-Way
Sec. 1. Purpose.
The purpose of this Article is to provide an ordinance for the City (a) to manage its public
rights-of-way and to recover its rights-of-way management costs and (b) to regulate the
use of public rights-of-way by providers of telecommunication services, public utility
services, and the like, in a fair, efficient, competitively neutral and substantially uniform
manner, consistent with and to the extent authorized by Minnesota Law, specifically
/ Minnesota Statutes, Secs. 237.162, 237.163, 237.79, 237.81 and 238.086 (1997) and
Minnesota Public Utility Commission Rules 7819.0050 through 7819.9950.
Sec. 2. Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section.
(a) "Applicant" means any Person requesting permission to Excavate or
Obstruct a Right-of-Way.
(b) "City" means the City of Andoyer, Minnesota. For purposes of this
Ordinance, City means its elected officials, officers, employees, agents or
any commission, committee or subdivision acting pursuant to lawfully
delegated authority.
(c) "City Cost" means the actual costs incurred by the City for managing
Rights-of- W ay including, but not limited to costs associated with
registering of applicants, issuing, processing, and verifying Right-of-Way
Permit applications; revoking Right-of-Way Permits; inspecting job sites;
, creating and updating mapping systems; determining the adequacy of
" Right-of-Way restoration; restoring work inadequately performed;
./ maintaining, supporting, protecting, or moving user equipment during
I
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Right-of-Way work; budget analysis; record keeping; legal assistance;
systems analysis; and performing all of the other tasks required by
this Article, including other costs the City may incur in managing the
provisions of this Article except as expressly prohibited by law.
(d) "City Inspector" means any Person authorized by the City to carry out
inspections related to the provisions of this Article.
(e) "Commission" means the State Public Utilities Commission.
(t) "Degradation" means the accelerated depreciation of the Right-of-Way
caused by Excavation in or disturbance of the Right-of-Way, resulting in
the need to reconstruct such Right-of-Way earlier than would be required
if the Excavation did not occur, not to exceed the maximum restoration
shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
(g) "Emergency" means a condition that (a) poses a clear and immediate
danger to life or health, or of a significant loss of property; or (b) requires
immediate repair or replacement in order to restore Service to a customer.
(h) "Equipment" means any tangible thing located in any Right-of-Way; but \
shall not include boulevard plantings or gardens planted or maintained in
the Right-of-Way between a Person's property and the street curb.
(i) "Excavate" means to dig into or in any way remove or physically disturb
or penetrate any part of a Right-of-Way.
G) "Excavation Permit" means the Permit which, pursuant to this Article,
must be obtained before a Person may excavate in a Right-of-Way. An
Excavation Permit allows the holder to Excavate that part of the Right-of-
Way described in such Permit.
(k) "Excavation Permit Fee" means money paid to the City by an Applicant
to cover the costs as provided in Section 12.
(1) "High Density Corridor" means a designated portion of the public Right-
of-Way within which Right-of-Way users having multiple and competing
facilities may be required to build and install facilities in a common
conduit system or other common structure.
(m) "Local Representative" means the Person or Persons, or designee of such
Person or Persons, authorized by a Registrant to accept Service and to , "-
make decisions for that Registrant regarding all matters within the scope
of this Article.
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\ (n) "Obstruction Permit" means the Permit which, pursuant to this Article,
) must be obtained before a person may obstruct a Right-of-Way, allowing
the holder to hinder free and open passage over the specified portion of a
Right-of- Way by placing Equipment described therein on the Right-of-
Way for the duration specified therein.
(0) "Obstruction Permit Fee" means money paid to the City by a Registrant
to cover the costs as provided in Section 12.
(p) "Performance and Restoration Bond" means any of the following forms of
security: (1) individual project bond; (2) cash deposit; (3) security in the
form of a listed or approved under Minn. Stat. S 15.73, Subd. 3; (4) letter
of credit in a form acceptable to the City; (5) self insurance in a form
acceptable to the City; (6) blanket bond for projects within the City or
other form of construction bond for time specified in a form acceptable to
the City.
(q) "Permittee" means any Person to whom a Permit to Excavate or Obstruct a
Right-of-Way has been granted by the City under this Article.
(r) "Person" means any natural or corporate Person, business association or
other business entity including, but not limited to, a partnership, a sole
I proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any ofthe foregoing, or any other
legal entity which has or seeks to have Equipment located in any Right-of-
Way.
(s) "Public Right-of-Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane and public sidewalk in
which the City has an interest, including other dedicated rights-of-way for
travel purposes and utility easements ofthe City. It shall also include
utility easements along side and rear lot lines. A right-of-way does not
include the airwaves above a right-of-way with regard to cellular or other
nonwire telecommunications or broadcast service.
(t) "Probation" means the status of a Person that has not complied with the
conditions of this Article.
(u) "Probation Period" means one (1) year from the date that a Person has
been notified in writing that they have been put on Probation.
(v) "Registrant" means any Person who (1) has or seeks to have its Equipment
located in any Right-of Way, or (2) in any way occupies or uses, or seeks
\ to occupy or use, the Right-of-Way or any Equipment located in the Right-
, I of-Way and, accordingly, is required to register with the City.
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,
(w) "Right-of-Way Permit" means either the Excavation Permit or the
Obstruction Permit, or both, depending on the context, required by this
Article.
(x) "Rules" means Rule 7819.0050 through 7819.9950 adopted by the
Commission.
(y) "Telecommunication Right-of-Way User" means a Person owning or
controlling a facility in the Right-of-Way, or seeking to own or control the
same, that is used or is intended to be used for transporting
telecommunication or other voice or data information. For purposes of
this Article, a cable communications system defined and regulated under
Minn. Stat. Chap. 238, and telecommunications activities related to
providing natural gas or electric energy services are not included in this
definition for purposes of this Article. This definition shall not be
inconsistent with Minn. Stat. ~ 237.162, Subd. 4.
Sec. 3. Administration.
The City may designate a principal City official responsible for the administration of the
Rights-of-Way, Right-of-Way Permits, and the ordinances related thereto. The City may --' '\
delegate any or all of the duties hereunder.
Sec. 4. Registration. Bonding and Right-of-Wav Occupancv.
Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right-of-
Way or any Equipment located in the Right-of-Way, including by lease, sublease or
assignment, or who has, or seeks to have, Equipment located in any Right-of-Way must
register with the City. Registration will consist of providing application information to
and as required by the City, paying a registration fee, and posting a Performance and
Restoration Bond.
The Performance and Restoration Bond required in this Section, and in Sections 10,
Subd.2; 13, Subd. 2(b) and Section 32, Subd. I (b)(3) shall be in an amount determined in
the City's sole discretion, sufficient to serve as security for the full and complete
performance of the obligations under this Article, including any costs, expenses,
damages, or loss tIle City pays or incurs because of any failure to comply with this Article
or any other applicable laws, regulations or standards. During periods of construction,
repair or Restoration of Rights-of-Way or Equipment in Rights-of-Way, the Performance
and Restoration Bond shall be in an amount sufficient to cover 100% of the estimated
cost of such work, as documented by the Person proposing to perform such work, or in
such lesser amount as may be determined by the City, taking into account the amount of '.
Equipment in the Right-of-Way, the location and method of installation of the
Equipment, the conflict or interference of such Equipment with the Equipment of other
4
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'. Persons, and the purposes and policies of this Article. Sixty (60) days after completion of
, ) the work, the Performance and Restoration Bond may be reduced in the sole
determination of the City.
Subd. 2. No person shall construct, install, repair, remove, relocate, or perform any
other work on, or use any Equipment or any part thereof located in any Right-of-Way
without first being registered with the City.
Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting Persons to plant or maintain boulevard plantings or gardens or
in the area of Right-of-Way between their property and the street curb. Persons planting
or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the
Right-of-Way, and shall not be required to obtain any Permits to satisfy any other
requirements for planting or maintaining such boulevard plantings or gardens under this
Article. However, Excavations deeper than 12 inches are subject to the Permit
requirements of Section 9 of this Article.
Sec. 5. Right to OCCUpy Rights-of-Wav: Pavment of Fees.
Subd. 1. Any Person required to register under Section 3, which occupies, uses, or
places its Equipment in the Right-of-Way, is hereby granted a right to do so if and only
so long as it (1) timely pays ail fees as provided herein and (2) complies with all other
I requirements of law.
Subd. 2. The grant of right in Section 5 is expressly conditioned on, and is subject
to, the police powers of the City, continuing compliance with all provisions oflaw now or
hereinafter enacted, including this Article as it may be from time to time amended and,
further, is specifically subject to the obligation to obtain any and all additional required
authorizations, whether from the City or other body or authority.
Sec. 6. Franchise: Franchise Supremacy.
The City may, in addition to the requirements of this Article, require any Person which
has or seeks to have Equipment located in any Right-of-Way to obtain a franchise to the
full extent permitted by law, now or hereinafter enacted. The terms of any franchise
which are in direct conflict with any provisions of this Article, whether granted prior or
subsequent to enactment to this Article (excluding the City's police powers which shall
always be reserved to the City), shall control and supersede the conflicting terms of this
Article provided, however, that requirements relating to insurance, bonds, penalties,
security funds, letters of credit, indemnification or any other security in favor of the City
may be cumulative in the sole determination of the City or unless otherwise negotiated by
the City and the franchise grantee. All other City or unless otherwise negotiated by the
City and the franchise grantee. All other terms of this Article shall be fully applicable to
) all Persons whether franchised or not.
5
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Sec. 7. Registration Information.
Subd. 1. The information provided to the City at the time of registration shall
include, but not be limited to:
(a) The Registrant's name, Gopher One-Call registration certificate number,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(b) The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a Local Representative. The Local Representative or
designee shall be available at all times. Current information regarding
how to contact the Local Representative in an Emergency shall be
provided at the time of registration.
(c) A certificate of insurance or self-insurance:
(1) Shall be on a form approved by the City,
(2) Shall verifY that an insurance policy has been issued to the
. Registrant by an insurance company licensed to do business in the
State of Minnesota; or is covered by self-insurance which the City . '\
determines to provide the City with protections equivalent to that
of a Minnesota licensed insurance company, legally independent
from Registrant.
(3) Shall verifY that the Registrant is insured against claims for
personal injury, including death, as well as claims for property
damage arising out of the (i) use and occupancy of the Right-of-
Way by the Registrant, its officers, agents, employees and
Permittees, and (ii) placement and use of Equipment in the Right-
of- Way by the Registrant, its officers, agents, employees and
Permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground
Equipment and collapse of property,
(4) Shall name the City as an additional insured as to whom the
coverages required herein are in force and applicable and for whom
. defense will be provided as to all such coverages,
(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage, automobile
liability coverage, workers compensation and umbrella coverage in
6
" '\ amounts established by the City of the office of risk and employee
\ ) benefit management in amounts sufficient to protect the City and
carry out the purposes and policies of this Article.
(d) If the Registrant is a corporation, a copy ofthe certificate required to be
filed under Minn. Stat. S 300.06 (1996) as recorded and certified to by the
Secretary of State.
(e) A copy of the Registrant's certificate of authority from the Minnesota
Public Utilities Commission, where the Registrant is lawfully required to
have such certificate from said Commission.
(f) Such other information as the City may require.
Subd. 2. The Registrant shall keep all of the information listed above current at all
times by providing to the City information of changes within fifteen (15) days following
the date on which the Registrant has knowledge of any change.
Sec. 8. Reporting Obligations.
Subd. 1. Operations. Each Registrant shall, at the time of registration and by
\ December 1 of each year, file a construction and major maintenance plan with the City.
, / Registrants must use commercially reasonable efforts to anticipate and plan for all
upcoming projects and include all such projects in a construction or major maintenance
plan. Such plan shall be submitted using a format designated by the City and shall
contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-
of-Way.
The plan shall include, but not be limited to, the following information:
(1) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a
"Next-year Project"); and
(2) the tentative locations and beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this
Section, a "Five-year Project").
The term "Project" in this Section shall include both next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection in its offices a
"- composite list of all Projects of which it has been informed in the annual plans. All
)
7
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r ,
Registrants are responsible for keeping themselves apprised of the current status of this
list.
Thereafter, by February 1, each Registrant may change any Project in its list of Next-year
Projects, and must notify the City and all other Registrants of all such changes in said list.
Notwithstanding the foregoing, a Registrant may at any time join in a Next-year Project
of another Registrant that was listed by the other Registrant.
Subd. 2. Additional Next-year Projects. Notwithstanding the foregoing, the City
may, for good cause shown, allow a Registrant to submit additional Next-year Projects.
Good cause includes, but is not limited to, the criteria set forth in Section 30.37, Subd. 3
concerning the discretionary issuance of Permits.
Sec. 9. Permit Requirement.
Except as otherwise provided for in this Code, no Person may Obstruct or Excavate any
Right-of-Way without first having obtained the appropriate Right-of-Way Permit from
the City to do so.
(a) Excavation Permit. An Excavation Permit is required to allow the holder
to Excavate that part of the Right-of-Way described in such Permit and/or
to hinder free and open passage over the specified portion of the Right-of- , "
Way by placing Equipment described therein, to the extent and for the
duration specified therein.
(b) Obstruction Permit. An Obstruction Permit is required to allow the
holder to hinder free and pen passage over the specified portion of Right-
of-Way by placing Equipment, vehicles, or other obstructions described
therein on the Right-of-Way for the duration specified therein.
No Person may Excavate or Obstruct the Right-of-Way beyond the date or dates specified
in the Permit unless such person receives (i) a new Permit or a Permit extension is
granted.
Permits issued under this Article shall be conspicuously displayed at all times at the
indicated work site and shall be available for inspection by the City Inspector and
authorized City personneL
Sec. 10. Permit Applications.
Subd. 1. Application for a Permit is made to the City. Right-of-Way Permit
applications shall contain, and will be considered complete only upon compliance with,
the requirements of the following provisions: .' ,
(a) Registration with the City pursuant to this Article.
8
\
\ )
(b) Submission of a completed Permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed project and the location of all existing and proposed Equipment.
(c) Payment of all money due to the City for;
(1) Permit fees and costs due;
(2) prior Obstructions or Excavations;
(3) any loss, damage, or expense suffered by the City as a result of
Applicant's prior Excavations or Obstructions of the Rights-of-
Way of any Emergency actions taken by the City; and
(4) franchise fees, if applicable.
Subd. 2. When an Excavation Permit is requested for purposes of installing
additional Equipment, and a Performance and Restoration Bond which is in existence is
insufficient with respect to the additional Equipment in the sole determination of the City,
the Permit applicant may be required by the City to post an additiQnal Performance and
Restoration Bond in accordance with Section 4, Subd. 1.
/
Sec. 11. Issuance of Permit: Conditions.
Subd. 1. If the City determines that the Applicant has satisfied the requirements of
this Ordinance, the City shall issue a Permit.
Subd. 2. The City may impose any reasonable conditions upon the issuance of a
Permit and the performance of the applicant thereunder in order to protect the public
health, safety and welfare, to ensure the structural integrity of the Right-of-Way, to
protect the property and safety of other users of the Right-of-Way, to minimize the
disruption and inconvenience to the traveling public, and to otherwise efficiently manage
use of the Right-of-Way.
Sec. 12. Permit Fees.
Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established
by the City in an amount sufficient to recover the following costs:
(I) the City Cost;
'\ (2) the Degradation of the Right-of-Way that will result from the Excavation;
J
(3) Restoration, if done or caused to be done by the City.
9
Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established
by the City and shall be in an amount sufficient to recover the City Cost.
Subd. 3. Disruption Fees. The City may establish and impose a disruption fee as a
penalty for unreasonable delays in Excavations, Obstructions, or Restoration. Disruption
Fees will not be imposed if the delay in completion is due to circumstances beyond the
control of the Applicant, including without limitation inclement weather, acts of God or
civil strike.
Subd. 4. Payment of Permit Fees. No Excavation Permit or Obstruction Permit
shall be issued without payment of all fees required prior to the issuance of such a Permit
unless the Applicant shall agree (in a manner, amount, and substance acceptable to the
City) to pay such fees within thirty (30) days of billing therefor. All Permit fees shall be
doubled during a probationary period. Permit fees that were paid for a Permit which was
revoked for a breach are not refundable. Any refunded Permit Fees shall be less all City
cost up to and including the date of refund.
Subd. 5. Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be
used solely for City management, construction, maintenance and Restoration costs of the
Right-of-Way.
F-,
Sec. 13. Right-of- Way Restoration.
Subd. 1. The work to be done under the Permit, and the Restoration and the Right-
of-Way as required herein, must be completed within the dates specified in the Permit,
increased by as many days as work could not be done because of circumstances
constituting force majeure or when work was prohibited as unseasonable or unreasonable
under Section 16, Subd. 2 all in the sole determination of the City. In addition to
repairing its own work, the Permittee must restore the general area of the work, and the
surrounding areas, including the paving and its foundations, to the same condition that
existed before the commencement of the work and must inspect the area of the work and
use reasonable care to maintain the same condition for thirty-six (36) months thereafter.
If a new firm disturbs a work area for which a permit was previously granted, the firm
shall assume responsibility for the restoration work for thirty-six (36) months thereafter.
The City may release the original permit fee.
Subd. 2. In its application for an Excavation Permit, the Permittee may choose to
have the City restore the Right-of-Way. In any event, the City may determine to perform
the Right-of-Way Restoration and shall require the Permittee to pay a Restoration Fee to
provide for reimbursement of all costs associated with such Restoration. In the event
Permittee elects not to perform Restoration, City may, in lieu of performing the
Restoration itself, impose a fee to fully compensate for the resultant Degradation as well . ,
as for any and all additional City Costs associated therewith. Such fee for Degradation
shall compensate the City for costs associated with a decrease in the useful life of the
10
\ ) Right-of-Way caused by Excavation and shall include a Restoration Fee component.
Payment of such fee does not relieve a Permittee from any Restoration obligation. It does
not relieve Permittee from any Restoration Obligation, including but not limited to
replacing and compacting the sub grade base material and the excavation.
(a) City Restoration. If the City restores the Right-of-Way, the Permittee
shall pay the costs thereof within thirty (30) days ofbiIIing. If, during the
thirty-six (36) months following such Restoration, the Right-of-Way
settles due to permittee's Excavation Or Restoration, the Permittee shall
pay to the City, within thirty (30) days ofbiIIing, the cost of repairing said
Right-of-Way.
(b) Permittee Restoration. If the Permittee chooses at the time of application
for an Excavation Permit to restore the Right-of-Way itself, such Permittee
shall post an additional performance and Restoration Bond in an amount
determined by the City to be sufficient to cover the cost of restoring the
Right-of-Way to its pre-Excavation condition. If, twenty-four (24) months
after completion of the Restoration of the Right-of-Way, the City
determines that the Right-of-Way has been properly restored, the surety on
the Performance and Restoration Bond posted pursuant to this Subd. 2(b)
shall be released.
\
\ ) Subd. 3. The Permittee shall perform the work according to the standards and with
the materials specified by the City and in compliance with Minnesota Rule 7819.1100.
The City shall have the authority to prescribe the manner and extent to the Restoration,
and may do so in written procedures of general application or on a case-by-case basis.
The City, in exercising this authority, shall be guided but not limited by the following
standards and considerations:
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Right-of-Way;
(b) the traffic volume carried by the Right-of-Way; the character of the
neighborhood surrounding the Right-of-Way;
(c) the pre-excavation condition of the Right-of-Way; the remaining life
expectancy of the Right-of-Way affected by the Excavation;
(d) whether the relative cost of the method of Restoration to the Permittee is
in reasonable balance with the prevention of an accelerated depreciation of
the Right-of-Way that would otherwise result from the Excavation,
disturbance or damage to the Right-of-Way; and
'1
)
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(e) the likelihood that the particular method of Restoration would be effective . ,
in slowing the depreciation of the Right-of-Way that would otherwise take
place.
Notwithstanding the foregoing, the maximum limits of Restoration Methods and area
requirements the City will impose are found in PUC Plates 1 to 13, shown in parts
7819.9900 to 7819.9950.
Subd. 4. By choosing to restore the Right-of-Way itself, the Permittee guarantees
its work and shall maintain it for thirty-six (36) months following its completion. During
this twenty-four month period it shall, upon notification from the City, correct all
Restoration work to the extent necessary, using the method required by the City. Said
work shall be completed within ten (10) calendar days of the receipt of the notice from
the City, not including days during which work cannot be done because of circumstances
constituting force majeure or days when work is prohibited as unseasonal or unreasonable
under Section 16, Subd. 2 all in the sole determination of the City.
Subd. 5. If the Permittee fails to restore the Right-of-Way in the manner and to the
condition required by the City, or fails to satisfactorily and timely complete all repairs
required by the City, the City at its option may perform or cause to be performed such
work. In that event the Permittee shall pay to the City, within thirty (30) days of billing,
the cost of restoring the Right-of-Way. If Permittee fails to pay as required, the City may ,- \
exercise its rights under the Performance and Restoration Bond.
Sec. 14. Joint Applications.
Subd. 1. Registrants may jointly make application for permits to Excavate or
Obstruct the Right-of-Way at the same place and time.
Subd. 2. Registrants who join in and during a scheduled Obstruction or Excavation
performed by the City, whether or not it is ajoint application by two or more Registrants
or a single application, are not required to pay the Obstruction and Degradation portions
of the permit Fee.
Subd. 3. Registrants who apply for Permits for the same Obstruction or Excavation,
which is not performed by the City, may share in the payment ofthe Obstruction or
Excavation Permit Fee. Registrants must agree among themselves as to the portion each
will pay and indicate the same on their applications.
Sec. 15. Supplementarv Applications.
Subd. 1. A Right-of-Way Permit is valid only for the area of the Right-of-Way
specified in the Permit. No Permittee may perform any work outside the area specified in
the Permit, except as provided herein. Any Permittee which determines that an area
greater than that specified in the Permit must be Obstructed or Excavated must before
12
, ) working in that greater area (i) make application for a permit extension and pay any
additional fees necessitated thereby, and (ii) be granted a new Permit or Permit extension.
Subd. 2. A Right-of-Way Permit is valid only for the dates specified in the permit.
No Permittee may begin its work before the Permit start date or, except as provided
herein, continue working after the end date. If a Permittee does not finish the work by the
Permit end date, it must make application for a new Permit for the additional time it
needs, and receive the new Permit or an extension of the old Permit before working after
the end date of the previous Permit. This Supplementary Application must be done
before the Permit end date.
Sec. 16. Other Obligations.
Subd. 1. Obtaining a Right-of-Way Permit does not relieve Permittee ofits duty to
obtain all other necessary Permits, licenses, franchises or other authorizations and to pay
all fees required by the City, any other city, County, State or Federal rules, laws or
regulations. A Permittee shall comply with all requirements of local, state and federal
laws, including Minn. Stat. 99 216D.OI-09 ("One Call Excavation Notice System"). A
permittee shall perform all work in conformance with all applicable codes and established
rules and regulations, and is responsible for all work done in the Right-of-Way pursuant
to its Permit, regardless of who performs the work.
) Subd. 2. Except in the case ofan Emergency, and with the approval of the City, no
Right-of-Way Obstruction or Excavation may be performed when seasonally prohibited
or when conditions are unreasonable for such work.
Subd. 3. A Permittee shall not so obstruct a Right-of-Way that the natural free and
clear passage of water through the gutters or other waterways shall be interfered with.
Private vehicles cannot be parked with or adjacent to the Permit area. The loading or
unloading oftrucks adjacent to a Permit area is prohibited unless specifically authorized
by the Permit.
Sec. 17. Denial of Permit.
The City may, in accordance with Minn. Stat. 9237.163, Subd. 4, deny any application
for a Permit as provided in this Section.
Subd. 1. Mandatorv Denial. Except in the case of an Emergency, no Right-of-Way
Permit will be granted:
(a) To any Person required by Section 3 to be registered who has not done so;
\ (b) To any Person required by Section 8 to file an annual report but has failed
) to do so;
13
For any Next-year Project not listed in the construction and major .' ,
(c)
maintenance plan required under Section 8 unless the Person used
commercially reasonable efforts to anticipate and plan for the project;
(d) For any project which requires the Excavation of any portion of a Right-
of- Way which was constructed or reconstructed within the preceding five
(5) years.
(e) To any Person who has failed within the past three (3) years to comply, or
is presently not in full compliance, with the requirements of this Article;
(f) To any Person as to whom there exists grounds for the revocation of a
Permit under Section 22; and
(g) If, in the sole discretion of the City, the issuance of a Permit for the
particular date and/or time would cause a conflict or interfere with an
exhibition, celebration, festival, or any other event. The City, in
exercising this discretion, shall be guided by the safety and convenience of
ordinary travel of the public over the Right-of-Way, and by considerations
relating to the public health, safety and welfare.
Subd. 2. Permissive Denial. The City may deny a Permit in order to protect the (- ",
public health, safety and welfare, to protect interference with the safety and convenience
of ordinary travel over the Right-of-Way, or when necessary to protect the Right-of-Way
and its users. The City may consider one or more of the following factors:
(a) the extent to which Right-of-Way space where the Permit is sought is
available;
(b) the competing demands for the particular space in the Right-of-Way;
(c) the availability of other locations in the Right-of-Way or in other Rights-
of- Way for the Equipment of the Permit Applicant;
(d) the applicability of ordinance or other regulations of the Right-of-Way that
affect location of Equipment in the Right-of-Way;
(e) the degree of compliance of the Applicant with the terms and conditions of
its franchise; if any, this Article, and other applicable ordinances and
regulations;
(f) the degree of disruption to surrounding communities and businesses that
will result from the use of that part of the Right-of-Way;
14
\, (g) the condition and age of the Right-of-Way, and whether and when it is
, J scheduled for total or partial reconstruction; and
(h) the balancing of the costs of disruption to the public and damage to the
Right-of-Way, against the benefits to that part of the public served by the
expansion into additional parts of the Right-of-Way.
Subd. 3. Discretionarv Issuance. Notwithstanding the provisions of Section 17,
Subd. l(c), and (d) above, the City may issue a Permit in any case where the Permit is
necessary (a) to prevent substantial economic hardship to acustomer of the Permit
Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c)
to allow a new economic development project; and where the Permit Applicant did not
have knowledge of the hardship, the plans for improvement of Service, or the
development project when said Applicant was required to submit its list of Next-year
Projects.
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of Section 17, Subd. I (c) above, the City may issue a Permit to a Registrant
who was allowed under Section 18, Subd. 2 to submit an additional Next-year Project, or
in the event the Registrant demonstrates that it used commercially reasonable efforts to
anticipate and plan for the project, such Permit to be subject to all other conditions and
, requirements of law, including such conditions as may be imposed under Section II,
J Subd. 2.
Sec. 18. Installation Requirements.
In accordance with Minn. Stat. SS 237.162, Subd. 8(3); 237.163, Subd. 8; and the
Commission Rules, all work performed in the Right-of-Way shall be done in
conformance with the "Standard Specifications for Street openings" as promulgated by
the City and at a location as may be required by Section 25, Subd. 2. The City may
enforce local standards pursuant to its inherent and historical police power authority, so
long as such standards do not impose greater requirements than those found in the
Commission Rules.
Sec. 19. Inspection.
Subd. 1. When the work under any Permit hereunder is completed, the Permittee
shall notify the City.
Subd. 2. Permittee shall make the work-site available to the City Inspector and to
all others as authorized by law for inspection at all reasonable times during the execution
and upon completion of work.
'\ Subd. 3. At the time of inspection the City Inspector may order the immediate
) cessation of any work which poses a serious threat to the life, health, safety or well-being
15
of the public. The City Inspector may issue an order to the Registrant for any work which ,
does not conform to the applicable standards, conditions or codes. The order shall state
that failure to correct the violation will be cause for revocation of the Permit. Within ten
(10) days after issuance of the order, the Registrant shall present proof to the City that the
violation has been corrected. If such proof has not been presented within the required
time, the City may revoke the Permit pursuant to Section 22.
Sec. 20. Work Done Without a Permit.
Subd. 1. Emergencv Situations.
Each registrant shall immediately notify the City or the City's designee of any event
regarding its Equipment which it considers to be an Emergency. The Registrant may
proceed to take whatever actions are necessary in order to respond to the Emergency.
Within three (3) business days after the occurrence of the Emergency, the Registrant shall
apply for the necessary Permits, pay the fees associated therewith and fulfill the rest of
the requirements necessary to bring itself into compliance with this Article for the actions
it took in response to the Emergency.
In the event that the City becomes aware of an Emergency regarding a Registrant's
Equipment, the City will attempt to contact the Local Representative of each Registrant
affected, or potentially affected, by the Emergency. In any event, the City may take , ,
,
whatever action it deems necessary in order to respond to the emergency, the cost of
which shall be borne by the Registrant whose Equipment occasioned the Emergency.
Subd. 2. Non-Emergencv Situations.
Except in the case of an Emergency, any Person who, without first having obtained the
necessary Permit, Obstructs or Evacuate a Right-of-Way must subsequently obtain a
Permit, pay double the normal fee for said Permit, pay double all the other fees required
by City ordinance, including, but not limited to, criminal fines and penalties, deposit with
the City the fees necessary to correct any damage to the Right-of-Way and comply with
all of the requirements of this Article.
Sec. 21. SupplementarY Notification.
If the Obstruction or Evacuation of the Right-of-Way begins later or ends sooner than the
date given on the Permit, Permittee shall notify the City of the accurate information as
soon as this information is known.
Sec. 22. Revocation of Permits.
Subd. 1. Registrants hold Permits issued pursuant to this Code as a privilege and
not as a right. The City reserves its right, as provided herein and in accordance with
Minn. Stat. S 237.163, Subd. 4, to revoke any Right-of-Way Permit, without fee refund,
16
'\ in the event of a substantial breach of the terms and conditions of any statute, ordinance,
,
\ ) rule or regulation, or any condition ofthe Permit. A substantial breach by Permittee shall
include, but shall not be limited to, the following:
(a) The violation of any material provision of the Right-of-Way Permit;
(b) An evasion or attempt to evade any material provision ofilie Right-of-
Way Permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
(c) Any material misrepresentation offact in the application for a Right-of-
Way Permit;
(d) The failure to maintain the required bonds and/or insurance;
(e) The failure to complete the work in it timely manner; or
(f) The failure to correct a condition indicated on an order issued pursuant to
Section 19, Subd. 3.
Subd. 2. If the City determines that the Permittee has committed a substantial
'\ breach of a term or condition of any statute, ordinance, rule, regulation or any condition
) of the Permit, the City shall make a written demand upon the Permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation
of the Permit. Further, a substantial breach, as stated above, will allow the City, at the
City's discretion, to place additional or revised conditions on the Permit.
Subd. 3. Within three (3) business days of receiving notification of the breach,
Permittee shall contact the City with a plan, acceptable to the City Inspector, for its
correction. Permittee's failure to so contact the City Inspector, the Permittee's failure to
submit an acceptable plan, or the Permittee's failure to reasonable implement the
approved plan shall be cause for immediate revocation of the Permit. Further,
Permittee's failure to so contact the City Inspector, or the Permittee's failure to submit an
acceptable plan, or Permittee's failure to reasonably implement the approved plan shall
automatically place the Permittee on Probation for one (1) full year.
Subd. 4. From time to time, the City may establish a list of conditions ofthe Permit
which, if breached, will automatically place the Permittee on Probation for one (1) full
year, such as, but not limited to, working out of the allotted time period or working on
Right-of-Way outside of the Permit.
Subd. 5. If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's Permit will automatically be revoked and Permittee will not be allowed
" further permits for one (1) full year, except for Emergency repairs.
)
17
If a permit is revoked, the Permittee shall also reimburse the City for the " ,
Subd. 6.
City's reasonable costs, including Restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 23. Appeals.
Subd. 1. A Person that:
(a) has been denied Registration
(b) has been denied a Right-of- Way Permit;
(c) has had its Right-of-Way Permit revoked; or
(d) believes that the fees imposed on the user by the City do not
conform to the requirements ofIaw,
(e) believes that conditions imposed are arbitrary or capricious
may have the denial, revocation, or fee imposition reviewed, upon written request, by the
City Council. The City Council shall act on a timely written request at its next regularly
scheduled meeting. A decision by the City Council affirming the denial, revocation, or ' '\
fee imposition must be in writing and supported by written findings establishing the
reasonableness of the decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right-of-Way user shall have the right to have the matter resolved by
binding arbitration. Binding arbitration must be before an arbitrator agreed.to by both the
City and the Person. If the parties cannot agree on an arbitrator, the matter must be
resolved by a three-person arbitration panel made up of one arbitrator selected by the
City, one arbitrator selected by the Person, and one arbitrator selected by the other two
arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city and
the Person. In the event there are three arbitrators, each party shall bear the expense of its
own arbitrator and shall jointly and equally bear with the other party the expense of the
third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attorney fees.
Sec. 24. Mapping Data.
Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall
provide as a part of its Permit Applicant the following information: "
18
.
r '\ (a) Location and approximate depth of Applicant's mains, cables, conduits,
\_-~ J switches, and related equipment and facilities with the location based on:
(i) Offsets from the property lines, distances from the centerline to the
public Right-of-Way, and curb lines as determined by the City.
(ii) Coordinates derived from the coordinates system being used by the
City or
(iii) Any other system agreed upon by the Applicant and the City.
(b) Type and size of the utility facility.
(c) Description showing above ground appurtenances.
(d) A legend explaining symbols, characters, abbreviations, scale and oilier
data shown on the map; and
(e) Any facilities to be abandoned, if applicable, in conformance with Minn.
Stat. S 216D.04, Subd. 3.
.' '\ The Applicant shall provide the City information Mapping Data shall be provided with
, / specificity and in the format requested by the City for inclusion in the mapping system
used by the City. If such format is different from what is currently utilized and
maintained by the Registration, the Registrant may provide such information in the
format that they currently are utilizing. The Permit application fee may include the cost
to convert the data furnished by the Applicant to a format currently in use by the City.
Subd. 2. Information regarding Equipment of Telecommunications Right-of-Way
Users constructed or located prior to May 10, 1997, need only be supplied in the form
maintained, however, all Telecommunications Right-of-Way Users must submit some
type of documentary evidence regarding the location of Equipment within the Rights-of-
Way of the City.
Subd. 3. At the request of any Registrant, any information requested by the City,
which qualifies as a "trade-secret" under Minn. Stat. S 13.37 (b) shall be treated as trade
secret information as detailed therein. With respect to the provision of Mapping Data, the
City may consider unique circumstances from time to time required to obtain Mapping
Data.
Sec. 25. Location of Equipment.
Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
'\ Minnesota statue 216B.34, or unless existing above-ground Equipment is repaired or
)
replaced, or unless infeasible such as in the provision of electric service at certain
19
.
voltages, new construction, the installation of new Equipment, and the replacement of old (- "-
,
Equipment shall be done underground or contained within buildings or other structures in
conformity with applicable codes unless otherwise agreed to by the City in writing, and
such agreement is reflected in applicable Permits.
Subd. 2. High Density Corridor. The City may assign specific high density
corridors within the Right-of-Way or any particular segment therefore as may be
necessary for each type of equipment that is or, pursuant to current technology, the City
expects will someday be located within the Right-of-Way, Excavation, Obstruction, or
other Permits issued by the city involving the installation or replacement of Equipment
may designate the proper corridor for the equipment at issue and such Equipment must be
located accordingly.
In the event the City desires to establish a high density corridor, it shall include the
elements required in Commission Rule 781.90200.
Any Registrant whose Equipment is located prior to enactment of this Article in the
Right-of-Way in a position at variance with the corridors established by the City shall, no
later than at the time of the next reconstruction or Excavation of the area where its
Equipment is located, move that Equipment to its assigned position within the Right-of-
Way, unless this requirement is waived by the City for good cause shown, upon
consideration of such factors as the remaining economic life of the facilities, public
safety, customer service needs and hardship to the Registrant. ' ,
\
Subd. 3. Nuisance. One year after the passage ofthis ordinance, any equipment
found in a Right-of-Way that has not been registered shall be deemed to be a nuisance.
The City may exercise any remedies or rights it has at law or in equity, including, but not
limited to, abating the nuisance or taking possession of the Equipment and restoring the
Right-of-Way to a useable condition.
Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional Equipment within
the Right-of-Way ifthere is insufficient space to accommodate all of the requests of
Registrants or Persons to occupy and use the Right-of-Way. In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users
of the Right-of-Way, but shall be guided primarily by considerations ofthe public
interest, the public's needs for the particular Service, the condition of the Right-of-Way,
the time of year with respect to essential utilities, the protection of existing Equipment in
the Right-of-Way, and future City plans for public improvements and development
projects which have been determined to be in the public interest.
Sec. 26. Relocation of Equipment.
The Person must promptly and at its own expense, with due regard for seasonal working \
conditions, permanently remove and relocate its Equipment and facilities in the Right-of-
Way whenever the City requests such removal andrelocation, and shall restore the Right-
20
\ of-Way to the same condition it was in prior to said removal or relocation. The City may
) take such requests in order to prevent interference by the Company's Equipment or
facilities with (i) a present or future City use ofthe Right-of-Way for a public project, (ii)
the public health or safety; (iii) the safety and convenience or travel over the Right-of-
Way. The City shaIl pay all costs for moves not associated with substantial City projects
within the right-of-way within the next six months.
Sec. 27. Pre-Excavation Equipment Location.
In addition to complying with the requirements of Minn. Stat. S S 216DooOI-09 ("One
CalI Excavation Notice System") before the start date of any Right-of-Way Excavation,
each Registrant who has Equipment located in the area to be Excavated shaIl mark the
horizontal and approximate vertical placement of all said Equipment. Any Registrant
whose Equipment is less than twenty (20) inches below a concrete or asphalt surface shall
notify and work closely with the Excavation contractor in an effort to establish the exact
location of its Equipment and the best procedures for Excavation.
Sec. 28. Damage to Other Equipment.
When the City does work in the Right-of-Way and finds it necessary to maintain, support
or move a Registrant's facilities to protect it, the City shaIl notify the Local
\ Representative as early as is reasonably possible. Should the Registrant fail to respond in
, / a timely manner to move or support the facility in question, the costs associated
therewith with the City moving or supporting the facility will be billed to the Registrant
and must be paid within thirty (30) days from the date of billing.
Each Registrant shaIl be responsible for the cost of repairing any facilities in the Right-of-
Way which it or its facilities damages. Each Registrant shall be responsible for the cost
or repairing any damage to the facilities of another Registrant caused during the City's
response to an Emergency occasioned by the Registrant's facilities.
Sec. 29. Right-of-Wav Vacation.
Subd. 1. If the City vacates a Right-of-Way which contains the facilities of a
Registrant, the registrant's rights in the vacated right-of-way are govemed by Minnesota
Rules 7819.3200.
Subd. 2. If the vacation requires the relocation of Registrant or Permittee
Equipment and: (a) if the vacation proceedings are initiated by the Registrant or
Permittee, the Registrant of Permittee must pay the relocation costs; or (b) if the vacation
proceedings are initiated by a Person or Persons other than the Registrant or Permittee,
such other Person or Persons must pay the relocation costs.
\
) \
21
Sec. 30. Indemnification and Liabilitv. ,
Subd. 1. By reason ofthe acceptance of a registration or the grant of a Right-of-
Way Permit, the City does not assume any liability: (a) for injuries to Persons, damage to
property, or loss of Service claims by parties other than the Registrant or the City; or (b)
for claims or penalties or any sort resulting from the installation, presence, maintenance,
or operation of Equipment by Registrants or activities of Registrants.
Subd. 2. By registering with the City, or by accepting a Permit under this
Ordinance, a Registrant or Permittee agrees to defend and indemnify the City in
accordance with the provisions of Minnesota Rules 7819.1250.
Sec. 31. Future Uses.
In placing any Equipment, or allowing it to be placed, in the Right-of-Way the City is not
liable for any damages caused thereby to any Registrant's Equipment which is already in
place. No Registrant is entitled to rely on the provisions of this Article, and no special
duty is created as to any Registrant. This Article is enacted to protect the general health,
welfare and safety of the public at large.
Sec. 32. Abandoned and Unusable Equipment.
, "
Subd. 1. A Registrant who has determined to discontinue its operations with respect
to any Equipment in any Right-of-Way, or segment or portion thereof, in the City must
either.
(a) Provide information satisfactory to the City that the Registrant's
obligations for its Equipment in the Right-of-Way under this
Article have been lawfully assumed by another Registrant; or
(b) Submit to the City a proposal and instruments for transferring
ownership of its Equipment to the City. If a Registrant proceeds
under this clause, the City may, at its option:
(1) purchase the Equipment, or
(2) require the Registrant, at its own expense, to remove it, or
(3) require the Registrant to post an additional bond or an
increased bond amount sufficient to reimburse the City of
reasonably anticipated costs to be incurred in removing the
Equipment.
Subd. 2. Equipment of a Registrant which fails to comply with the preceding ,
paragraph and which, for two (2) years, remains unused shall be deemed to be abandoned.
22
.
) Abandoned Equipment is deemed to be a nuisance. The City may exercise any remedies
or rights it has at lawor in equity, including, but not limited to, (i) abating the nuisance,
(ii) taking possession of the Equipment and restoring it to a useable condition, (iii)
requiring removal of the Equipment by the Registrant or by the Registrant's surety; or
(iv) exercising its rights pursuant to the Performance and Restoration Bond.
Subd. 3. Any Registrant who has unusable Equipment in any Right-of-Way shall
remove it from the Right-of-Way during the next scheduled Excavation, unless this
requirement is waived by the City.
Sec. 33. Reservation ofRegulatorv and Police Powers.
The City by the granting ofa Right-of-Way Permit, or by registering, a Person under this
Article does not surrender or to any extent lose, waive, impair, or lessen the lawful
powers and rights, which it has now or may be hereafter vested in the City under
Construction and statutes of the State of Minnesota or the Charter of the City to regulate
the use of the Right-of-Way by the Permittee; and the Permittee by its acceptance of a
Right-of- Way Permit or of registration under those ordinances agrees that all lawful
powers and rights, regulatory power, or police power, or otherwise as are or the same
may be from time to time vested in or reserved to the City, shall be in full force and effect
and subject to the exercise thereof by the City at any time. A Permittee or Registrant is
\ deemed to acknowledge that its rights are subject to the regulatory and police powers of
'. J the City to adopt and enforce general ordinances necessary to the safety and welfare of
the public deemed to agree to comply with all applicable general laws and ordinances
enacted by the City pursuant to such powers.
Any conflict between the provisions of a registration or of a Right-of-Way Permit and
any other present or future exercise of the City's regulatory or police powers shall be
resolved in favor of the latter.
Sec. 34. Severability .
If any Section, subsection, sentence, clause, phrase, or portion of this Article is for any
reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
If a regulatory body or a court of competent jurisdiction should determine by a final, non-
appealable order that any Permit, right or registration issued under this Article or any
portion of this Article is illegal or unenforceable, then any such Permit, right or
registration granted or deemed to exist thereunder shall be considered as a revocable
Permit with a mutual right in either party to terminate without cause upon giving sixty
(60) days written notice to the other. The requirements and conditions of such a
:) revocable Permit shall be the same requirements and conditions as set forth in the Permit,
right or registration, respectively, except for conditions relating to the term of the Permit
and the right of termination. If a Permit, right or registration shall be considered a
23
.
revocable permit as provided herein, the Permittee must acknowledge the authority of the
City Council to issue such revocable permit and the power to revoke it. Nothing in this
Article precludes the City from requiring a franchise agreement with the Applicant, as
allowed by law, in addition to requirements set forth herein.
Sec:. 35. Non-Exclusive Remedy.
The remedies provided in this Article and other Articles in the City Code are not
exclusive or in lieu of other rights and remedies that the City may have at law or in
equity. The City is hereby authorized to seek legal and equitable relieffor actual or
threatened injury to the public Right-of-Way, including damages to the Rights-of-Way,
whether or not caused by a violation of any of the provisions of this Article or other
provisions of the City.
Sec. 36. Effective Date.
This ordinance shall become effective March 6, 2000.
Adopted by the City Council on this 18th day of Januarv, 2000.
ATTEST: CITY OF ANDOVER:
/ \
U~ i),./I/' j, (. J1l~;(dv~
Victoria Volk, City Clerk .0. E. McKelvey, Mayo
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24
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FlASIBlll" REPORT
10/
WDDdlandEs~lfJ$ C
~lJcon..d Addllon J;'~~~5~~~
CIty Pr%~~ct No. 99-35
Utility and Street Improvements ~
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CITY OF ANDOVER
Mayor: Jack McKelvey
Council Members: JulieJohnson
Mike Knight
DonJacobson
KenOmel
Clerk: Wcki Volk
January 2000
\Ii.............
\!WnFIRA
!-h".::;.1 McCombs Frank Roos
'tI Associates. Inc.
I, *",,:' I
r-; Engineering . Planning . Surveying
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w" ~ r.1cCombs Frank RODS
Associates, Inc.
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r-; February 10, 2000
'J
,.., Honorable Mayor and City Council
LJ City of Andover
c/o Mr. Scott Erickson, P.E., City Engineer
n 1685 Crosstown Boulevard Northwest
t..J Andover, Minnesota 55304
..., SUBJECT: City of Andover
u Woodland Estates Second Addition, City Project No. 99-35
Utility and Street Improvements
..., MFRA #12746
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." Dear Mayor and Council Members:
u Enclosed is the feasibility report for the utility and street improvements in Woodland Estates Second
rl Addition. This report was ordered by the City Council on January 4,2000.
u The total estimated cost for this project is $1,081,600.00. The amount to be assessed to the developer is
n $986,050.00 with the remainder being City costs in the amount of $95,550.00. (Refer to the report for a
LJ detail of costs.) The project is feasible from a technical and engineering standpoint.
n We appreciate the opportunity to serve you on this project and are available to meet with the City
LJ Council, staff, and other interested parties to review any aspect of this report.
n Very truly yours,
u
McCOMBS FRANK ROOS ASSOCIATES, INC.
.,
u 'lit @~.
..., R. Jeff Elliott, P.E.
LJ
RJE:rth
r'1 Enclosures
15050 23rd Avenue North . Plymouth, Minnesota . 55447
U phone 612/476-6010 . fax 612/476-8532
'\ e-mail: mfra@mfra,com
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" FEASIBILITY REPORT
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FOR
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WOODLAND ESTATES SECOND ADDITION
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u CITY PROJECT NO. 99-35
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u UTILITY AND STREET IMPROVEMENTS
n CITY OF ANDOVER, MINNESOTA
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u PREPARED BY:
" McCombs Frank Roos Associates, Inc.
u 15050-23rd Avenue North
Plymouth, Minnesota 55447
,., (612) 476-6010
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r, January 2000
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., I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly
...J Registered Professional Engineer under the laws ofthe State cfMinnesota.
. -
,..., 02/1 O/OO..........i.J~ffEiii~~:.p:E'........:f!..rJiI..I.tfl!!.~t.........................................Minn. Reg. No. 19174
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'...J TABLE OF CONTENTS
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n TABLE OF CONTENTS ......... ................................................ .......... .................. .................................... ......................
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INTRODUCTION .. ............................. .................................... ...... .... ................................... ........... ................. ........... 1
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u LOCATION (SOUTHWEST 1/4 OF SECTION 22. T32N. R24W)......................................................................... 2
" IMPROVEMENTS ................................................................................................................................................ ...... 3
u
1. SANITARY SEWER ............................................................ ....................................... ........................................ 3
n 2. W ATERMAIN...................................... .................................... ..........................................................................4
LJ 3. STORM SEWER ............................................................................................... ........................ ........................ 5
" 4. STREETS, BIKEWAV!W AL~AY TRAILS AND RESTORATION ............................................................................... 5
J INITIATION (PETITION/ANDOVER CITY COUNCIL ACTION) ............................................................................... 6
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u FEASIBILITY (THE PROJECT IS FEASiBLE)..........................................................................................................6
" RIGHT-OF-WAY/EASEMENTS (TO BE PLATTED AND DEDICATED OUTSIDE OF PLAT. AS NECESSARY)... 7
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PERMITS (MPCA, MCES. DEPARTMENT OF HEALTH, DNR, CORPS OF ENGINEERS.
n
u COON CREEK WATERSHED DISTRICT) ............................................................................................ 7
n COMPLETION (AUGUST 15. 2000) ........................................ ................................................................................ 7
u
n ESTIMATED PROJECT COST ($1.081.600.00) ....................................................................................................... 8
u ESTIMATED ASSESSABLE COST (UNIT BASiS)................................................................................................... 9
n
'...J RATE CALCULATION ............................... ............................... .............................................................................. 10
n ESTIMATED COST PER LOT ($16.276.86)............................................................................................................ 11
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.. PROPOSED PROJECT SCHEDULE (2000 CONSTRUCTION SEASON) .................................................12
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n PRELIMINARY COST ESTIMATE (SANITARY SEWER. WATERMAIN. STORM SEWER, AND STREETS,
-.....J BIKEW A Y/w ALKW A Y TRAILS RESTORATION) ..................... .............................................................................. 13
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'....J WOODLAND ESTATES SECOND ADDITION
... CITY PROJECT NO. 99-35
.J UTILITY AND STREET IMPROVEMENTS
n
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........ INTRODUCTION
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.. The purpose ofthis feasibility report is to present the City of Andover with a preliminary
'....J
examination of municipal improvements for Woodland Estates Second Addition. The report
.'\
u discusses the proposed scope of utility and street improvements, preliminary cost estimates,
assessment rates, and a project schedule. The report was initiated by the Andover City Council
..
J on January 4,2000 and has been prepared in compliance with Minnesota State Statutes 429 for
projects resulting in special assessments. The costs provided in this report are based on the
n
L.J current Engineering News Record Construction Cost Index of 6, 130.36.
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U WOODLAND ESTATES SECOND ADDITION
CITY PROJECT NO. 99-35
n UTILITY AND STREET IMPROVEMENTS
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LOCATION
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" The proposed project covers utility and street improvements in the proposed Woodland Estates Second
LJ Addition development located in the southwest 1/4 of Section 22, T32N, R24W, in the City of Andover,
n Minnesota.
u
n A preliminary plat containing 69 single family lots and one special use lot has been approved for
u Woodland Estates Second Addition. At the request of the developer, the special use lot is to be assessed
n as the equivalent of five single family lots. Therefore, the total number of lots served by Woodland
J Estates Second Addition is 70 lots, however, the number ofIots being assessed is 74 lots.
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The Woodland Estates Second Addition is bordered by unplatted areas on the west and north,
r"', Nightingale Street NW on the east and Woodland Estates on the south.
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WOODLAND ESTATES SECOND ADDITION
n CITY PROJECT NO. 99-35
'...J UTILITY AND STREET IMPROVEMENTS
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" IMPROVEMENTS
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u 1. Sanitary Sewer
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u The proposed sanitary sewer collection system for this project will be provided primarily
....., by connecting to the existing IS-inch diameter PVC sanitary sewer located near the
u
intersection of Nightingale Street NW and 150th Lane NW.
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It is proposed to extend 8-inch diameter PVC sanitary sewer northerly through
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u Nightingale Street NW, to the intersection of 151st Lane NW, a distance of about 520
feet. At the intersection of Nightingale Street NW and 15lst Lane NW, a 8-inch diameter
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\..J PVC sanitary sewer will extend westerly about 2,570 feet to the northwest comer of
Woodland Estates Second Addition. This sewer will serve as a future connection for other
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oJ possible development to the north and west.
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u It is proposed to extend 8-inch diameter PVC sanitary sewer northerly to the project
,..... boundary and southerly through Raven Street NW to 151 st Avenue NW, a distance of
u about 700 feet. At the intersection of Raven Street NW and 151st Avenue NW, a 8-inch
" diameter PVC sanitary sewer will extend westerly about 500 feet and easterly about 200
\..J feet to cul-de-sacs.
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L.J A second connection will be provided by connecting to the existing sanitary sewer
.. manhole located in the temporary cul-de-sac located on the north end of Uplander Street
u NW, in Woodland Estates. An S-inch diameter PVC sanitary sewer will extend northerly
,...... and easterly along Uplander Street NW, 151 st Avenue NW and Thrush Street NW about
u 925 feet, as shown on the sanitary sewer exhibit (refer to Exhibit 1).
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Lj WOODLAND ESTATES SECOND ADDITION
CITY PROJECf NO. 99-35
...., UTILITY AND STREET IMPROVEMENTS
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oJ All residential lots will be served by 4-inch diameter PVC services, with a 4-inch
~ diameter PVC vertical clean-out located at the right-of-way line. The special use lot will
.J be served by a 8-inch diameter PVC service, with a 8-inch diameter PVC vertical clean-
r-, out located at the right-of-way line.
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,., The sanitary sewer addressed under this project is proposed to be paid as follows:
'J A. The City will pay for the additional depth associated with trunk sanitary sewer to
n serve other developable properties located within the ultimate MUSA boundary.
u The cost of all the 8-inch sanitary sewer and services located within Woodland
B.
,.., Estates Second Addition shall be paid by Woodland Estates Second Addition.
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,.., 2. Watermain
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" The proposed water service will be primarily extended from an existing 12-inch diameter
v DIP trunk watermain located near the intersection of Nightingale Street NW and 150th
" LaneNW.
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n It is proposed to extend 10-inch diameter DIP trunk watermain northerly through
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Nightingale Street NW to the northeast comer of Woodland Estates Second Addition, a
n. distance of about 730 feet. A 8-inch diameter DIP trunk watermain will be extended
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along the west and south right-of-way ofthe streets within the remainder of the project as
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U shown on the watermain exhibit (refer to Exhibit 2). The water system will connect to
Woodland Estates at the stubs located on Raven Street NW and Uplander Street NW. The
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w watermain will be looped to connect 151st Avenue NW. All watermain on the project
will be equipped with the necessary valves and hydrants necessary for proper operation
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L.J WOODLAND ESTATES SECOND ADDITION
CITY PROJECT NO. 99-35
n UTILITY AND STREET IMPROVEMENTS
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U All residential lots will be served by one inch copper services, with curb stops located at
" the right-of-way line. The special use lot will be served by a 8-inch diameter DIP service,
u with a 8-inch gate valve located near the right-of-way line.
"
u The watermain addressed under this project is proposed to be paid as follows:
r, A. The City will pay for pipe oversizing (watermain greater than 8-inch diameter).
U B. The City will pay for 50% of the cost of the 8-inch equivalent watermain located
r-t along Nightingale Street NW. The developer will be responsible for the other 50%
u ofthe cost.
" C. The cost ofthe 8-inch and smaller watermain located within Woodland Estates
v
Second Addition shall be paid by Woodland Estates Second Addition.
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u 3. Storm Sewer
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u Surface water within this plat will be controlled with storm sewers and on-site ponding.
r"\ All storm sewer sizing and catch basin spacing is based on a 10-year design storm
'J frequency. Ponding is based on a lOO-year design storm frequency. Emergency overflow
n will be provided at all low points within the streets to provide overflow protection of
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homes for runoff events with greater flows than those used for the design of the storm
n sewer collection system.
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!"-, It is proposed to construct catch basins at all low points within the streets throughout the
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plat and direct most of the runoffto sedimentation ponds prior to discharging into ditches
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L.J located directly west of Woodland Estates Second Addition. The proposed system is
shown on the storm sewer exhibit (refer to Exhibit 3).
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" All construction adjacent to wetlands will be approved or reviewed by the Corps of
U Engineers, the Department of Natural Resources and/or the Coon Creek Watershed
II District. All permits related to total site grading are the responsibility of the developer.
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L.J WOODLAND ESTATES SECOND ADDITION
n CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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0 4. Streets, Bikeway/Walkway Trails and Restoration
'1 Public streets are proposed to be constructed (refer to Exhibit 4) to Andover City
LJ Standards which require a 32-foot width (face to face of curb) with concrete curb and
,.., gutter. An exception will be the streets located on the west side ofthe project (Uplander
'J Street NW, 151 st Avenue NW, and Thrush Street NW). They will have 34- foot widths to
n provide for onstreet bike routes. The bikeway/walkway trail is proposed to have a 10- foot
LJ width (City standards). All streets and the bikeway/walkway trail will be constructed with
,.., 2-1/2 inches of bituminous wearing course and 4 inches of Class 5 gravel base over an
u acceptable compacted subgrade. It is assumed that all street areas will be graded by the
,.., developer to within 0.2 feet ofthe designed sub grade elevation prior to utility and street
L.J construction.
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J The roads shall have a 6-inch crown with 0.5% minimum grade and 7% maximum grade.
r> Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are
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proposed to have a positive 2% grade from the back of curb to a distance of 8 feet behind
n the back of curb. Beyond 8 feet behind the back of curb, the maximum boulevard slope
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shall be 4: 1.
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The bikeway/walkway trail addressed under this project is proposed to be paid as follows:
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A. The City will pay for 100% of the bikeway/walkway trail to be located
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along Nightingale Street NW through the use of the City trail funds.
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LJ B. The City will for 100% of the extra street width for the onstreet bike routes
rl to be located on the west side of the project (Uplander Street NW, 151st
u Avenue NW, and Thrush Street NW).
-, C. The cost ofthe 32-foot wide public streets located within Woodland
L.J Estates Second Addition shall be paid by Woodland Estates Second
,., Addition.
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l.J WOODLAND ESTATES SECOND ADDITION
CITY PROJECT NO. 99-35
n UTILITY AND STREET IMPROVEMENTS
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u INITIATION
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LJ The project was initiated by the petition ofW oodland Development Corporation, the owner and
,., developer of Woodland Estates Second Addition; and Andover City Council action.
v
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...J FEASIBILITY
,.,
L.J The project is feasible from a technical standpoint and meets all local, regional and state
,., standards for municipal improvements.
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'J RIGHT -OF-WAY/EASEMENTS
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.J All right-of-way and easements are proposed to be dedicated as part ofthe platting process.
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" PERMITS
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r-'>, Permits will be required from the Minnesota Pollution Control Agency (MPCA) and the
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Metropolitan Council Environmental Services (MCES) for sanitary sewer extensions; from the
r"\ Minnesota Department of Health for watermain extensions; and from the Coon Creek Watershed
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District, Department of Natural Resources and/or Corps of Engineers for drainage improvements
n and work within watershed control ofwetIand protection areas.
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-, COMPLETION
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This project is proposed to be completed during the 2000 construction season.
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WOODLAND ESTATES SECOND ADDITION
" CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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ESTIMATED PROJECT COST
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..., Included in this report is a detailed estimate of probable costs for the street and utility
u improvements. The costs quoted herein are estimates only and are not guaranteed prices. Final
" contracts will be awarded on a unit price basis. The contractor will be paid only for work
'J completed. The cost estimates are based on 2000 current construction costs. Costs associated
.~ with future phases of this development will need to be adjusted for inflation and future City trunk
u
rates. No costs are included for easement or right-of-way acquisition.
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The estimated costs for Woodland Estates Second Addition, City Project No. 99-35 are as
,.., follows:
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Construction Costs Total
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..... Sanitary Sewer $296,000.00
'--1 Watermain $170,000.00
Storm Sewer $126,000.00
,.., Streets, Bikeway/Walkway Trails, and Restoration $240.000.00
v TOTAL ESTIMATED CONSTRUCTION COST $832,000.00
n Overhead Costs
u Engineering $138,527.00
Aerial Mapping (1% of street) $2,400.00
~ Drainage Plan (0.3% of street/storm) $1,098.00
.~j Administration (3%) $24,960.00
Assessing (1 %) $8,320.00
rl Bonding (0.5%) $4,160.00
Ll City Expenses - Public Works/Engineering/Construction Inspection $32,175.00
Testing $6,000.00
n Construction Interest $24,960.00
J Signs $5,000.00
Other $2,000.00
..., TOTAL PROJECT COST $1,081,600.00
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CITY PROJECT NO. 99-35
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ESTIMATED ASSESSABLE COST
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.. The assessments are proposed to be based on a per unit cost for all lateral and trunk benefits. The
LJ assessments include the estimated project costs for sanitary sewer, watermain, storm sewer and
r\, street construction, plus the following connection and area charges for trunk sanitary sewer and
'_J watermain. The trunk charges proposed to be assessed under this project are based on 2000 rates
,....., established by the City of Andover.
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"'" Sanitary Sewer Connection Charge $ 312.00/unit
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Watermain Connection Charge $ 1,375.00/unit
""l Trunk Sanitary Sewer Area Charge $ 1,145.00/acre
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Trunk Watermain Area Charge $ 1,195.00/acre
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r"\ CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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RATE CALCULATION
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" 1. Sanitary Sewer Lateral Rate
u Lateral Benefit = ($296,000.00 - 51,200.00) x 1.3 $318,240.00
" Lateral Sanitary Sewer Rate = $318,240.00/74 lots $ 4,300.54/unit
\.) 2. Watermain Lateral Rate
,...., Lateral Benefit = ($170,000.00 - 4,000.00-7,000.00) x 1.3 $ 206,700.00
u Lateral Watermain Rate = $206,700.00/74 lots $ 2,793.24/unit
n 3. Storm Sewer Rate
J
Benefit = $126,000.00 x 1.3 $ 163,800.00
,., Storm Sewer Rate = $163,800.00/74 lots $ 2,213.51/unit
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4. Street and Restoration Rate
,., Benefit = ($240,000.00 - 9,000.00-2,300.00) x 1.3 $ 297,310.00
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Street & Restoration Rate = $297,310.00/74 lots $ 4,017.70/unit
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5. Trunk Sanitary Sewer Area Rate
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Lateral Trunk Sanitary Sewer Area Rate =
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u $1,145.00/acre x 40 acres/7410ts = $ 618.92/unit
6. Trunk Watermain Area Rate
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u Lateral Trunk Watermain Area Rate =
$1,195.00/acre x 40 acres/7410ts = $ 645.95/unit
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WOODLAND ESTATES SECOND ADDITION
...., CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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ESTIMATED COST PER LOT
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..., 1. Sanitary Sewer Lateral $ 4,300.54
u 2. Watermain Lateral $ 2,793.24
,..., 3. Storm Sewer $ 2,213.51
u 4. Street Bikeway/Walkway Trail and Restoration $ 4.017.70
,...., Subtotal - Lateral Charges per Lot $13,324.99
oJ Sanitary Trunk Connection Charge $ 312.00
n Watermain Trunk Connection Charge $ 1.375.00
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Subtotal - Connection Charges per Lot $ 1,687.00
" 5. Trunk Sanitary Sewer Area Rate $ 618.92
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6. Trunk Watermain Area Rate $ 645.95
" $ 1,264.87
Subtotal - Area Rate Charges per Lot
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Estimated Total of Trunk Area Lateral
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Assessments $16,276.86
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u CITY COSTS SUMMARY
1. Sanitary Sewer $51,200.00
,.,
u 2. Watermain $ 11,000.00
3. Storm Sewer $ 0.00
....,
LJ 4. Streets, Bikeway/Walkway Trails and Restoration $ 11.300.00
,,, CITY SUBTOTAL $73,500.00
L.J OVERHEAD $22.050.00
n CITY TOTAL $95,550.00
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LJ WOODLAND ESTATES SECOND ADDITION
'""' CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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r, PRELIMINARY PROJECT SCHEDULE
u UTILITY AND STREET IMPROVEMENTS
,,, CITY PROJECT NO. 99-35
u CITY OF ANDOVER
,....,
'J 1. Cit Council Receives Feasibilit Re ort 15,2000
,..., 2. Cit Council Waives Public Hearin 15,2000
3. City Council Orders Project and Authorizes Engineer to Prepare
<...J Plans and S ecifications Febru 15,2000
n 4. Engineer Submits Plans for City Council Approval and Receives
J Authorization to Advertise for Bids March 21, 2000
5. Advertise in City Official Newspaper and Construction Bulletin March 24, 31 and
., A ri117, 2000
<.oJ 6. o en Bids A ril 25, 2000
7. Cit Council Receives Bids and Awards Contract Ma 2, 2000
r'1 8. Contractor Be ins Construction Ma 15,2000
u 9. Contractor Com letes Construction Au st 15,2000
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WOODLAND ESTATES SECOND ADDITION
r"\ CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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PRELIMINARY COST ESTIMATE
"
u UTILITY AND STREET IMPROVEMENTS
CITY PROJECT NO. 99-35
~ CITY OF ANDOVER
u
SANITARY SEWER
,..,
..J ITEM UNIT
NO. DESCRIPTION QUANTITY PRICE AMOUNT
,..., 1. Mobilization 1 LS 16,000.00 16,000.00
oJ 2. 8" PVC SDR 35,10-12 705 LF 18.00 12,690.00
3. 8" PVC SDR 35, 12-14 1,125 LF 20.00 22,500.00
r'1 4. 8" PVC SDR 35,14-16 225 LF 23.00 5,175.00
--.) 5. 8" PVC SDR 26,16-18 815 LF 26.00 21,190.00
6. 8" PVC SDR 26, 18-20 330 LF 30.00 9,900.00
~
7. 8" PVC SDR 26, 20-22 110 LF 35.00 3,850.00
L.J 8. 8" PVC SDR 26, 22-24 210 LF 40.00 8,400.00
.., 9. 8" PVC SDR 26, 24-26 210 LF 45.00 9,450.00
'--1 10. 8" PVC SDR 26, 26-28 385 LF 50.00 19,250.00
11. 8" PVC SDR 26, 28-30 555 LF 55.00 30,525.00
'"'" 12. 8" PVC SDR 26, 30-32 140 LF 60.00 8,400.00
u 13. 8" PVC SDR 26, 32-34 140 LF 65.00 9,100.00
14. 8" PVC SDR 26, 34-36 140 LF 70.00 9,800.00
...., 15. 8" PVC SDR 26, 36-38 140 LF 75.00 10,500.00
u 16. 4' Diameter Manhole 0-10' 19EA 1,400.00 26,600.00
17. 4 Diameter Manhole Extra Depth 162 LF 80.00 12,960.00
"
18. 8" x 4" SDR 26 Wves 69EA 50.00 3,450.00
u 19. 8" Vertical Cleanout 1 EA 100.00 100.00
,..., 20. 4" Vertical C1eanout 69EA 45.00 3,105.00
\.J 21. 4" PVC SDR 26 Service Pipe < 14' 500 LF 8.00 4,000.00
22. 4" PVC SDR 26 Service Pipe> 14' 1800 LF 11.00 19,800.00
n 23. Granular Foundation Material 500 TN 10.00 5,000.00
LJ 24. Televise SanitarY Sewer Lines 5230 LF 0.50 2,615.00
Estimated Construction Cost - Sanitary Sewer 274,360.00
,..., Contiol!encies (+8%) . , 21,640.00
,. ' ,
'J Total Estimated Construction Cost - Sanitary Sewer , 296,000.00
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CITY SHARE FOR ADDITIONAL DEPTH
u
A. CITY SHARE ADDITIONAL DEPTH
n
U a. 1920 LF $26.67 $51,200.00
$51,200.00
...., Sewer $51,200.00
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WOODLAND ESTATES SECOND ADDITION
.., CITY PROJECT NO. 99-35
UTILITY AND STREET IMPROVEMENTS
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PRELIMINARY COST ESTIMATE
"
u UTILITY AND STREET IMPROVEMENTS
,-, CITY PROJECT NO. 99-35
u CITY OF ANDOVER
r-, W ATERMAIN
\)
ITEM UNIT
,.., NO. DESCRIPTION QUANTITY PRICE AMOUNT
.....J 1. 6" DIP Class 52 Watermain 400 LF 14.00 5,600.00
2. 8" DIP Class 52 Watermain 5,200 LF 15.00 78,000.00
1""\ 3. 10" DIP Class 52 Watermain 730 LF 17.50 12,775.00
L) 4. 6" MJ Resilient Seat Gate Valve 10EA 400.00 4,000.00
,., 5. 8" MJ Resilient Seat Gate Valve 10EA 550.00 5,500.00
LJ 6. 10" Butterfly Valve 2EA 1,000.00 2,000.00
7. 6" MJ Hub Hydrant (9'-0") 10EA 1,350.00 13,500.00
r., 8. MJ DIP Fittings 4,700 LB 2.00 9,400.00
Lj 9. 1" Type K Copper Tap Service 2,500 LF 8.00 20,000.00
10. Water Service Groups 69EA 100.00 6,900.00
""' Estimated Construction Cost - Watermain ' 157,675.00
:...J ' Continl!encies (-+8%) , . 12,325.00
. Total Estimated Construction Cost - Watermain , 170,000.00
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u WOODLAND ESTATES SECOND ADDITION
CITY PROJECT NO. 99-35
., UTILITY AND STREET IMPROVEMENTS
u Page IS
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u CITY SHARE FOR WATERMAIN
fl A. CITY SHARE FOR PIPE OVERSIZING
u a. 10" DIP in lieu of8" DIP Watermain Pipe 730 LF 2.50 $ 1,825.00
.., b. 10" Valve in lieu of8" Valve 2EA 450.00 $ 900.00
c. 10" DIP Fittings in lieu of8" DIP Fittings 415 LB 2.00 $ 830.00
u CITY SHARE - Watermain $ 3,555.00
., CONTINGENCIES (+8%) $ 445.00
oJ SUBTOTAL CITY SHARE COST - Watermain $ 4,000.00
,.., CITY SHARE FOR 1/2 NIGHTINGALE STREET NW
B.
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a. 8" DIP Class 52 Watermain Equivalent 730 LF 15.00 $ 10,950.00
rl b. 8" MJ Resilient Seat Gate Valve 2EA 550.00 1,100.00
",' c. MJ DIP Fittings 600 LB 2.00 1.200.00
SUBTOTAL- Watermain $ 13,250.00
.,
CONTINGENCIES (+8%) 750.00
LJ SUBTOTAL- Watermain 14,000.00
n CITY SHARE 50 % OF COST - Watermain $ 7,000.00
L.) DEVELOPER SHARE 50% OF COST - Watermain $ 7,000.00
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CITY PROJECT NO. 99-35
..., UTILITY AND STREET IMPROVEMENTS
U Page 16
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u PRELIMINARY COST ESTIMATE
"'" UTILITY AND STREET IMPROVEMENTS
u CITY PROJECT NO. 99-35
'\ CITY OF ANDOVER
u STORM SEWER
~
u ITEM UNIT
NO. DESCRIPTION QUANTITY PRICE AMOUNT
,.., 1. 12" RCP Class 5 Storm Sewer 258 LF 16.00 4,128.00
u 2. 15" RCP Class 5 Storm Sewer 411 LF 18.00 7,398.00
3. 18" RCP Class 5 Storm Sewer 1,120 LF 20.00 22,400.00
f""\ 4. 21" RCP Class 5 Storm Sewer 656 LF 22.00 14,432.00
v 5. 24" RCP Class 5 Storm Sewer 847 LF 25.00 21,175.00
6. 12" RC Flared End Section w/TG 1 EA 500.00 500.00
-,
7. 15" RC Flared End Section w/TG 1 EA 600.00 600.00
1..J 8. 18" RC Flared End Section w/TG 1 EA 700.00 700.00
n 9. 24" RC Flared End Section w/TG 4EA 1000.00 4,000.00
u 10. 4' Diameter Skimmer Structure 3EA 2000.00 6,000.00
11. 4' Diameter, Cone Type Catch Basin 4EA 1000.00 4,000.00
., 12. 4' Diameter, Catch Basin Manhole 9EA 1100.00 9,900.00
u 13. 4.5' Diameter, Catch Basin Manhole 4EA 1450.00 5,800.00
14. 4' Diameter Storm Manhole 1 EA 1200.00 1,200.00
....., 15. 4.5' Diameter Storm Manhole 3EA 1550.00 4,650.00
....J 16. Erosion Control at Catch Basin 13 EA 50.00 650.00
-, 17. Silt Fence 2900 LF 2.00 5,800.00
18. Hand Placed Rip Rap 60CY 50.00 3,000.00
-. Estimated Construction Cost - Storm Sewer 116,333.00
...., Cootioe:encies (+8%) 9,667.00
Total Estimated Construction Cost - Storm Sewer . . 126,000.00
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CITY PROJECT NO. 99-35
~ UTILITY AND STREET IMPROVEMENTS
LJ Page 17
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u PRELIMINARY COST ESTIMATE
n UTILITY AND STREET IMPROVEMENTS
u CITY PROJECT NO. 99-35
n CITY OF ANDOVER
u STREET BIKEWAYIWALKWAY TRAILS AND RESTORATION
-, CONSTRUCTION
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ITEM UNIT
.., NO. DESCRIPTION QUANTITY PRICE AMOUNT
U 1. Common Excavation 200 CY 4.00 800.00
2. Common Embankment 100 CY 10.00 1,000.00
n 3. Surmountable Curb and Gutter 9400 LF 6.50 61,100.00
u 4. B618 Curb and Gutter 400 LF 8.50 3,400.00
5. Class 5 Aggregate Base 4,900 TN 7.50 36,750.00
-,
6. Bituminous Mix 2331 Type 41 2,900 TN 31.00 89,900.00
u 7. Remove Existing Bituminous 1,500 SY 3.00 4,500.00
,.., 8. Seeding (Mix No. 900) and Mulch 4AC 1,000.00 4,000.00
u 9. Sod 800 SY 1.50 1,200.00
10. Topsoil 200 CY 10.00 2,000.00
.~"\ 11. Bituminous Curb 95 LF 4.00 380.00
u 12 Pavement Striping 300 LF 3.00 900.00
13. Pavement Marking (Arrow) lEA 100.00 100.00
,...., 14. Stop Bar lEA 100.00 100.00
L1 15. Seal Coating 16,000 SY 1.00 16,000.00
16. Saw Bituminous Pavement 120 LF 4.00 480.00
'......
Estimated Construction Cost - Street Construction 222,610.00
l.J Continl?:encies (+8%) 17,390.00
,
.. Total Estimated Construction Cost - Street Construction , 240,000.00 .
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CITY PROJECT NO. 99-35
.., UTILITY AND STREET IMPROVEMENTS
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u CITY SHARE FOR BIKEfW ALKW A Y TRAILS
" A. BIKEWAY IW ALKW A Y TRAIL (NIGHTINGALE)
We Common Excavation 200 CY 4.00 $ 800.00
a.
..., b. Common Embankment 100 CY 10.00 $ 1,000.00
u c. Class 5 Aggregate Base 280 TN 7.50 $ 2,100.00
d. Bituminous Mix 2331 Type 41 125 TN 31.00 $ 3,875.00
,.., e. Seeding (Mix No. 900) and Mulch 0.6AC 1000.00 $ 600.00
tJ CITY SHARE-BIKEWAY IW ALKW A Y TRAIL (NIGHTINGALE) $ 8,375.00
CONTINGENCIES (:I: 8%) $ 625.00
.., SUBTOTAL CITY SHARE COST -Bikeway/Walkwav Trail $ 9,000.00
u
" B. EXTRA STREET WIDTH FOR ONSTREET BIKE ROUTE
u a. Class 5 Aggregate Base 75 TN 7.50 $ 562.50
n b. Bituminous Mix 2331 Type 41 50 TN 31.00 $ 1,550.00
CITY SHARE - EXTRA STREET WIDTH $ 2,112.50
u CONTINGENCIES (:I: 8%) $ 187.50
M SUBTOTAL CITY SHARE COST - Extra Street Width $ 2,300.00
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