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Home My WebLink AboutEDA March 30, 1999 J CITY of ANDOVER Economic Development Authority Meeting - Tuesday, March 30, 1999 Call to Order - 7:00 PM Approval of Minutes Discussion Items 1. TIF Bonds 2. Order Plans & Specs for Andover Station Street & Utilities/99-12 3. Covenants/Andover Station , I / 4. Update on Landscaping for Bunker Lake Boulevard/98-17 5. Distribution Line - Bunker Lake Boulevard 6. Substation Relocation 7. Other Business Adjournment , . / '\ / \ ) CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION DATE: Aori16.1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Finance Jean D. McGann ITEM NO. I ' Discuss TIF Bond Background: At the last Economic Development Authority meeting, the Authority indicated the desire to go ahead and issue a General Obligation Tax Increment Financing Bond. The amount of this issue wii be $3,115,000 and will be paid off in the year 2012. Request: The Andover Economic Development Authority is requested to review the attached project expenditure schedule and approve the following bonding schedule. 1. April 6, 1999: Set sale for 1999 GO TIF Bond 2. May 18, 1999: Sale date for 1999 GO TIF Bond 3. On or around June 10, 1999: Receipt of Sale proceeds Please let me know if you have any questions or concerns. / m m m ~ .." J ell ::i: , I 10 10 10 10 ~oo~ 0000 010 10 10 00000 00000 lI'),V) V'l 00 \0 N I ! a-'a- :0\ '0\ i I I ,- - !::s :::J -., -. : I I i 01 0' , :0'\1 ~Ia-Ig: bl)! o.ol...!.. C ;:J':::J '~_oet -a en a- a- a- a- a-a-a- a- ... ... " " c:a E E ll.. E E :> :> en en - ... '" Cii o 0'00\100'\ 0'\0'100\ I I N 0- s:: C 00- ~ ~ C 0 I I oi: ~ C-...J en < CI) :;: o o o o q '" r-- o o o o O. '" M 0,10 0, 000 000 000 qoo 10 10"0 0,010 '" o Oa- Oa- Na- "'l- .~ ~. 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M '0 o ll.. .. ...: "" =, 0" : CI) , .. , ..' c..: _: ; '" ! , ! ~ Q) [J) ell c.. o o ci "'" 10 = I"'" it-:.1 ,""': ,~ I' I I lC)~C):C)!C)iC)! iOiOjO O:Oi lcid'~ (',jim' .-.;;tLOT-. '0 I .... c B .2 :> Oi <] '" iU 1jo:: = C <( .2 .g co :> cii O'".c '" :> <en '" ~ '" CI) '0 = '" ...J c .2 1ii Ci5 '- Q) > o "0 C <( , '~' , '-' ; m: ; a.. I E E o u '- Q) 0 ~- C :3 :3<( III co .c~ 1:: 0 o c Z<( c .2 1ii iil .c :3 en CITY OF ANDOVER REQUEST FOR EDA ACTION ; DATE: March 30. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~l Engineering ITEM NO. Order Plans & Specs for Andover Station Street & Utilities/99-12 d. The EDA is requested to approve the resolution ordering plans and specifications for Project 99-12, Andover Station for streets and utilities. The extent of the improvements will need to be determined by the EDA. With the possibility of having one developer involved in the site, the questions of the location and extent of improvements needs to be further discussed. '\ / \ I ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 99-12 FOR THE AREA OF ANDOVER STATION FOR STREET AND UTILITY IMPROVEMENTS. WHEREAS, the EDA is cognizant of the need for the street and utility improvements; and NOW, THEREFORE BE IT RESOLVED by the EDA to order the improvement of Andover Station for street and utilitv improvements, Project 99-12; and BE IT FURTHER RESOLVED by the EDA to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. Adopted by the Andover Economic Development Authority Board of Commissioners the 30th day of March, 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey - President Michael Knight - Secretary CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION I DATE: March 30. 1 999 ITEM NO. 3 ORIGINATING DEPARTMENT Community Development DISCUSSION ITEM Restrictive Covenants Andover Station David L. Carlberg Community Development Director Attached please find the restrictive covenants for the Andover Station for EDA review and discussion. The EDA last discussed the covenants at the June 29, 1998 meeting. The Planning and Zoning Commission also reviewed and discussed the covenants at their August 25, 1998 meeting. Requested corrections have been made as a result of these meetings. The covenants will be recorded with the final plat. Staff is currently researching and developing the by-laws and association documents for the park. An update will be presented at the meeting. " J J \ / DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ANDOVER STATION This Declaration is made as of _ day of _, 1999 by the Andover Economic Development Authority (EDA) , a body corporate and political (the "Declarant"). WHEREAS, Declarant is the owner of real property in the City of Andover, Anoka County, Minnesota, legally described on Exhibit A. and Declarant desires to submit said real property and all improvements on it (collectively called the "Property") to the provisions of this Declaration; and WHEREAS, Declarant desires to declare and establish covenants, conditions, and restrictions which will benefit and burden the Property for the purpose of facilitating development of the Property and for the purpose of protecting and preserving the value and desirability of the Property. THEREFORE, Declarant declares that the Property, shall be owned, used, occupied and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration, all of which shall be binding on all Persons owning or acquiring any right, title or interest in the Property and their heirs, personal representatives, successors and assigns. j SECTION 1 DEFINITIONS 1.01 "Andover Review Committee" shall be the authority charged with project review and shall consist of representatives from the following City of Andover Departments: Planning, Engineering, Building, Public Works, Fire, Administration, and Finance. (the "ARC"). 1.02 "Building Site" shall mean any lot or portion thereof, or two or more contiguous lots, or portions thereof, or a parcel of land upon which an industrial, retail, or office building or buildings and appurtenant structures may be erected, any part of which is subject to the terms of this Declaration. 1.03 "Declarant" shall mean the Andover Economic Development Authority (EDA). / 1.04 "Improvements" shall mean all structures and other construction on a lot or parcel for a use permitted by the zoning ordinance of the City of Andover, including, but not limited to, buildings, outbuildings, parking areas, loading areas, outside platforms and docks, driveways, walkways, fences, lawns, landscaping, signs, retaining walls, screening walls, decks, poles, berms, swales and exterior lighting. Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 1 of 14 \ 1.05 "Lot" shall mean a portion of the Property identified as a lot on a subdivision plat prepared in accordance with Minnesota Statutes, Chapter 505, and filed for recording in the Anoka County Recorder's Office. / 1.06 "Occupant" shall mean any Person, other than an owner, in possession of a lot or parcel. 1.07 "Owner" shall mean the record owner of a lot or parcel, whether one or more persons, but excluding contract for deed vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1.08 "Parcel" shall mean a tract of land separately described and identified as a "Parcel" within the Property. The covenants, conditions and restrictions in this Declaration which apply to each lot shall also apply to each parcel. 1.09 "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, or other legal entity capable of holding title to real Property. \ 1.10 "Property" shall mean all of the real Property submitted to the provisions ofthis Declaration, including all improvements located on the real Property now or in the future. The Property as of the date of this Declaration is legally described on Exhibit A / 1.11 "Street" shall mean a portion of the Property dedicated to the public and shown as a street on a subdivision plat prepared in accordance with Minnesota Statues Chapter 505 and filed for recording in the Anoka County Recorder's Office. SECTION 2 STANDARDS FOR CONSTRUCTION AND MAINTENANCE / 2.01 Minimum Standards The Minimum Standards for the construction, alteration and maintenance of improvements on the Property shall be those set forth by the City of Andover and any other governmental agency which may have jurisdiction over the Property. All improvements on the Property shall conform to the then existing building codes in effect for the City of Andover and shall be in compliance with all laws, rules and regulations of any governmental body that may be applicable, including without limitation, environmental laws and regulations. Where the following restrictive covenants are more stringent than the zoning ordinance, or other laws and regulations of the City of Andover or any other applicable government agency, the restrictive covenants contained in this Declaration shall govern and become the minimum standards by which the improvements and maintenance ofthem shall be controlled. Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 2 of 14 " I 2.02 Permitted Uses The permitted uses of the Property shall be limited to community commercial, office, entertainment, and office warehouse as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Economic Development Authority shall make that interpretation. Permitted uses shall be allowed only in the areas specified on Exhibit B. for which they are specified below. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified on Exhibit B. Community Commercial Establishments engaged in commercial operations including retail trade and services and hospitality industries. Areas designated Community Commercial are shown on Exhibit B. Preferred uses shall include the following: . Apparel and Clothing . Book Store . Food and Grocery Stores . Leather Goods . Photography Studio . Sporting Goods J . Barber and Beauty Shop . Florist . Jewelry Store . Music Store . Optometrist Permitted uses shall include the following: . Antiques . Bakeries . Carpets & Rugs . China & Glassware . Department Stores . Furniture . Hobby Shops . Interior Decorating . Locksmith Shop . Office Supply & Equipment . Pharmaceutical . Tailoring . Toys . Bicycles . Candy . Catering Establishments . Clothing & Costume Rental . Electrical Sales & Repair . Gifts . Household Appliances . Laundry & Dry Cleaning Pickup . Luggage . Paint & Wallpaper Sales . Restaurant (no on-sale liquor) . Tobacco . Variety Stores Office Establishments engaged in strictly office operations not requiring loading or warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The following are permitted uses: Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 3 of 14 J ; . Scientific and Technology Industries . Office and Administrative Facilities . Financial Institutions . Conference Centers . Health and Dental Care Facilities . Hotels and Motels . Day Care Facilities . Veterinary Hospital Office\Warehouse Establishments engaged in operations requiring both office and warehousing facilities. Office space shall constitute 20% of floor area. There shall be negligible impact upon the surrounding environment by noise, vibration smoke, dust or pollutants. Areas designated as Office\Warehouse are shown on Exhibit B. The following are permitted uses: . Manufacturing, Fabrication, Compounding, Processing, Packaging, Treatment and Assembly of Goods, Products and Materials . Wholesaling and Warehousing facilities . Indoor limited retail sales accessory to office\manufacturing uses . Scientific and Technology Industries . Office and Administrative Facilities / Entertainment Areas designated as Entertainment are shown on Exhibit B. The following are permitted uses: . Theatres . Restaurants (with or without on sale liquor) . Health Club . Private Clubs Lodges or Halls . Indoor Commercial Recreation 2.03 Excluded Uses The following uses and activities are prohibited within the Property: . Contractors Yards . Lumber Yards . Home Improvement\Building Supply · Garden\Landscape Center . Auto Related industries including sales and repair . Used Material Yard . Exterior storage and sales / Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 4 of 14 · Manufacture, storage or sale of explosives or similar dangerous products . Trucking Terminal 2.04 Development Theme All new construction, modification or exterior alteration must adhere to the established architectural theme of the Property. The ARC shall consider compatibility during the site plan approval process. 2.05 Building Quality and Materials Each building located within the Property shall be built in a good and work-like manner with high quality, first-class building materials. The design and location of buildings constructed on a lot shall be attractive and shall compliment existing structures and the surrounding natural features and topography with respect to height, design, finish, color, size and location. The following standards shall be adhered: J H) / A) Masonry material shall be used. Color shall be introduced through colored block or panels and not painted block. B) Brick may be used upon approval of the ARC to assure uniformity. C) Block shall have a weathered, polished, fluted or broken face. D) Concrete may be poured in place, tilt-up, pre-cast, and shall be finished in stone, textured, and coated. E) Metal siding is prohibited, except as an accent material upon approval of the ARC. F) All accessory structures shall be designated and constructed with materials compatible with the primary structure. G) All roof mounted equipment shall be screened by walls of compatible appearing material or camouflaged to blend into the building or background. Wood screen fences are prohibited. All exterior machinery, tanks, etc., are to be fully screened by compatible materials. Acceptable materials will incorporate textured surfaces, exposed aggregate and/or other patterning. All walls shall be given added architectural interest through building design and/or appropriate landscaping. The buildings shall have varied and interesting detailing. The use of large unadorned concrete panels and concrete block, or a solid wall unrelieved by architectural detailing, such as change in materials, change in color, fenestrations, or other significant visual relief provided in a manner or intervals in keeping with the size Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 5 of 14 J mass, and scale of the wall and its views from public ways shall be prohibited. I) Each building shall contain one or more architectural treatments such as towers, arches, vaults, entryway projections, canopies and detailing to add additional interest and articulation to structures. J) There shall be no underdeveloped sides of buildings visible from public right-of-ways. All elevations visible from the street shall receive nearly equal treatment and visual qualities. Windows shall be incorporated into areas that front streets, sidewalks or trails, when appropriate. K) Other materials may be approved by the ARC if determined to be in conformance with existing design and character of the Property ) 2.06 Maintenance Each owner and occupant of a lot shall fully and properly maintain and repair the exterior of any structure located on such lot in such a manner as to enhance the overall appearance of the Property. The exterior of all buildings and the parking, driving and loading areas shall be kept and maintained in a good state of repair at all times and be adequately painted or otherwise finished in accordance with the guidelines established by the EDA. All lots shall be kept free of debris of any kind and all landscaping must be kept in good repair. All landscaped areas shall provide proper site drainage. Landscaped areas shall be maintained in a neat condition, lawns mowed and adequately watered in summer, neatly trimmed, and leaves raked. Underground sprinkling systems shall be installed for all landscaped areas. If at any time the EDA determines that an Owner has failed to properly maintain its Lot, the Declarant, following ten (10) days notice to the Lot Owner, shall have the right to maintain the Lot and assess such Owner a violation assessment equal to the costs of maintenance plus ten (10%) of such cost as an overhead charge. 2.07 Construction Construction or alteration of any improvements on a lot shall be diligently pursued and shall not remain in a partly finished condition any longer than is reasonably necessary for completion of the construction or alteration. The owner and occupant of any lot upon which improvements are constructed shall, at all times, keep the lot and streets, being utilized by such owner in connection with such construction, free from dirt, mud, garbage, trash or other debris which might be occasioned by such construction or alteration. 2.08 Noxious Activities Uses which are accompanied by excessive noise, vibration, dust, dirt, smoke, odor, noxious gases, radiation, liquid wastes, and glare shall not be permitted. Noxious activities shall not exceed local, state, and federal standards, the lowest standard being the applicable standard. Glare, whether directed or reflected, such as from spotlights or high temperature processes, as differentiated from general Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 6 of 14 J illumination, shall not be visible beyond the lot line of the property from which it originates. 2.09 Temporary Structures No temporary building or other temporary structure shall be permitted on any lot; provided, however that trailers, temporary construction buildings, and the like shall be permitted for construction purposes during the period of construction or alteration of a permanent building. Such structures shall be placed as inconspicuously as practicable, shall cause no inconvenience to owners or other occupants of other lots, and shall be removed not later than 30 days after the date of substantial completion for beneficial occupancy of the building in connection with which the temporary structure was used. 2.10 Minimum Building Standards Buildings and enclosed structures shall cover not more than 30% of the total area of a lot. Buildings, enclosures, parking areas, driveways and other surfaced, non-vegetated areas shall not cover, in aggregate, more than 70% of the area of a lot. Landscaping and vegetation including courtyards, outdoor dining areas, and patios shall incorporate at least 30% of the total area of the lot. / 2.11 Screening of Service, Waste Facilities and Storage Areas Garbage and refuse containers shall be contained within buildings or shall be concealed by means of shrubbery and screening walls of materials similar to and compatible with that of the principle buildings. Fuel and other storage tanks shall be integrated with the concept of the building plan, be designated so as not to attract attention, and be inconspicuously located. Unless specifically approved in writing, by the EDA, no materials, supplies or equipment shall be stored in any area on a lot except inside a closed building or behind a visual barrier which screens such areas so that they are not visible from the streets or from the front yard of adjoining lots. All enclosures and trash receptacles shall be kept in a good state of repair and waste receptacles shall include secure lids or covers to properly contain wastes. All enclosures must be accessible to waste and recycling collection vehicles. No service, waste or storage area shall be permitted between the street and front of a building unless approved by the EDA. 2.12 Utilities and Antennas All permanent, local service, utility lines on any lot shall be placed underground. All utility apparatus and appurtenances including but not limited to transformer or terminal equipment shall be visually screened from view from streets and adjacent lots. Antennas that present a cluttered view, which detracts from the park atmosphere, or that interfere with the operations of other owners in the Property are not permitted. 2.13 Parking Loading and Unloading Areas No parking shall be permitted on any street or any place other than parking areas located on a lot. All parking provided on a lot must meet the requirements of city codes and ordinances of the City. From and after the date a building is constructed the owners of such building and building site shall maintain adequate on-site parking spaces and loading facilities to serve the needs of each Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 7 of 14 ) building site, taking into account the building or buildings located or to be located thereon, and the use made or to be made thereof. Separate areas shall be designated for automobile parking, loading, commercial, and storage uses. Loading areas shall not encroach into yard setbacks or required off street parking areas of any lot. All parking and drive aisle surface areas shall be either asphalt or concrete and all parking areas including parking islands must be poured concrete curb. Any deviation is subject to approval of the EDA. Landscaping shall be incorporated into all parking lots to decrease the visual monotony. Island plantings of overstory trees are required for parking areas accommodating more than 20 vehicles. No vehicles or trailers may be parked in the same location for a period in excess of twenty-four (24) hours. Joint parking arrangements between facilities shall be encouraged. 2.14 Exterior Lighting All exterior lighting shall be constructed and maintained in accordance with the following standards: A) Lighting fixtures shall not be more than 40 feet in height. B) Flood lighting of buildings shall be limited to concealed light sources. C) Lighting shall be installed and maintained in such a manner as to minimize glare onto adjacent lots and streets. D) All lighting shall adhere to the adopted lighting theme and style for the Property. / 2.15 Landscaping All areas on any lot or parcel not used for buildings, storage, parking, walkways, access roads, or loading areas shall be suitably graded, drained and sodded, maintained and landscaped with greens and shrubs so as to provide a park-like setting and to screen parking and road areas. Landscaping plans are required for all developments and are subject to the approval of the EDA, as part of the site plan approval process. All lots and parcels shall be landscaped within 90 days of substantial completion of construction and issuance of Certificate of Occupancy in accordance with approved plans. All landscaping associated with substantial completion during the Winter must be escrowed in accordance with Building Department requirements. J The landscape design should be complementary to common areas and previously developed areas. Plantings should provide for seasonal interest and should include a selection of coniferous and deciduous plants. Naturailandscaping and indigenous vegetation shall be permitted and are encouraged in those areas not associated with the formal entries and common areas or buffers between properties that may be negatively impacted by said landscaping. Annual flowers are recommended to accent or supplement the landscape plan. All landscaped areas must be irrigated. Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 8 of 14 The approved plan for landscaping a building site may not be altered substantially without submitting a revised plan to the EDA for approval. 2.16 Fencing All fencing must adhere to the established architectural theme of the Property. Fencing shall be of wood, brick, stone, or similar materials. The EDA shall determine fence compatibility. 2.17 Signs Declarer recognizes there is need for signs advertising the identity of Owner and the business conducted on the Premises. It is further recognized that acceptable standards for such signs may change from time to time. In order to allow for such change, all requests for signs to be located on any part or parcel of the Property shall be submitted to the City of Andover for approval. The EDA shall review all signs for approval. The following criteria shall be used to evaluate sign appropriateness: A) Advertising signs, advertising businesses or products other than those sold, manufactured or warehoused on the part or parcel of the Property on which the sign is located shall be prohibited. B) Use of any flashing, pulsating or rotating light or lights shall be prohibited. C) Rooftop signs shall be prohibited. D) Signs shall be stationary and lighted by surface mounted fixtures located on the sign or the adjacent facade. Self illuminating signs may be used only upon approval of the EDA. The EDA shall determine appropriateness based upon size, scale, colors, materials, and compatibility with neighboring signs and structures within the property. E) Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited unless used in conjunction with other decorative materials. F) Signs may be painted, prefinished or utilize exposed metal. Any exposed metal shall be stainless steel, titanium, bronze, or other similar non-corrosive materials. G) Consistency in signage shall relate to color, size, materials and heights. H) All signs must meet the requirements of the City of Andover, including receipt of permits prior to erection. I) Pylon signs are prohibited Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 9 of 14 / / 1) All signs shall be reviewed by the Andover Review Committee. 2.18 Trails and Amenities The City of Andover shall maintain all hiking trails, walkways, common open space, street lighting, landscaping, and right of and other site- related amenities way through the collection of association fees established by the Economic Development Authority. Pedestrian access shall be provided from each site to the public sidewalk and/or trail system. SECTION 3 ARCHITECTURAL AND SITE REVIEW 3.01 Review The EDA shall review all construction, additions and exterior modifications for conceptual adherence to the provisions of this document. The ARC shall approve the final design and plans of all site, architectural, tree protection, landscape, sign, utility, and grading, drainage and erosion control plan, under the stipulations set forth in this document and the ordinances and policies of the City of Andover. j 3.02 Approval Upon approval by the EDA of any plans and specifications and other submissions submitted hereafter, a copy of such plans and specifications, as approved, shall be deposited for permanent record with the City of Andover, and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant who submitted the same. A) Aooroval Whenever approval of Declarer is required, Declarer shall take action within thirty (30) days after receipt of the request and all plans, specifications or other documents required to be submitted for approval. If not approved, specified written objections shall be mailed or delivered to the applicant within thirty (30). All request for approval or applications for variance of the conditions contained herein shall be submitted, in writing by certified mail to Declarer at: Andover Economic Development Authority Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 B) Construction Without Aooroval If the exterior of any structure is altered, erected, placed or maintained upon any lot without the approval of the EDA, such action is in violation ofthis Section 3 and, upon written notice from an Owner or the EDA, any structures altered, erected, placed or maintained upon any Lot in violation hereof shall be removed by the Owner or re-altered so as to extinguish such violation. The Owner of the Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 10 of 14 / Lot upon which such violations exists shall have fifteen (15) days after the notice of such violation to take reasonable steps toward the removal or termination of the same. If such Owner fails to take reasonable steps to eliminate the violation, the Declarer, in addition to any right available at law or in equity, including injunctive relief shall have the right to enter upon such Lot and remove or terminate the violation. The Owner shall be assessed a violation assessment equal to the cost of correcting the violation plus ten percent (10%) of such host as an overhead charge. 3.03 Disapproval Plans and specifications submitted pursuant to Section 3 shall be disapproved if they fail to include any and all information requested by the ARC. The ARC may also disapprove such plans and specifications if any of the following are objectionable: A) The exterior design, appearance, or materials of any proposed structure. B) The location of any proposed structure upon any Lot or parcel or with reference to other lots in the vicinity. C) The grading plan of any Lot or parcel. D) The color scheme, finish, proportions, style or architecture, height, bulk, or appropriateness of any structure. E) Number of and size of parking spaces, vehicular circulation patterns or design or location of parking areas proposed for any lot or parcel. F) The landscaping and/or signing and lighting plan for any Lot or parcel. G) Violation of Andover City Ordinances. The EDA shall have the additional right to disapprove any plans and specifications which, in the reasonable judgment of the EDA, would render the proposed structure or use inharmonious with the general plan of improvement of the property or with structures located upon the Lots, parcels or other properties in the vicinity. In any case where the EDA disapproves any plans and specifications or other submissions submitted pursuant to Section 3.03, such disapproval shall be accompanied by a statement stating with specificity the grounds upon which such action was based. Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 11 of 14 3.04 Restrictions on Construction and Alteration No structures may be erected, placed, moved onto, or permitted to remain on any Lot or parcel, nor shall any existing structure upon any Lot of parcel be altered in any way which materially changes the exterior appearance thereof, unless: A) The plans and specifications therefore meet, in form and content, the requirements of the City of Andover and any other local, state, federal, or other governmental agency of authority. B) Such plans and specifications have been submitted and approved to the EDA together with any other information or other submissions which the EDA may require in its reasonable discretion. C) All submissions shall have been approved in writing by the EDA. Plans and specifications submitted pursuant to this section shall conform to the requirements of Commercial Site Plan application of the City of Andover and contain all information required by the EDA. 3.05 Development Guidelines The EDA may from time to time adopt guidelines for approval and disapproval of proposed improvements or alterations and the maintenance of them; and, in the event such guidelines are adopted, shall make them available to all owners. SECTION 4 ENFORCEMENT 4.01 Termination Each of the conditions, covenants, restrictions and reservations contained herein shall continue and inure the benefit of Declarer, and its assigns (as limited herein), for a period of20 years from the date of filing for record and shall be automatically extended in their entirety for successive periods often years unless Declarer executes, acknowledges and files for record an appropriate instrument, in writing, terminating and releasing the requirements of this Declaration. 4.02 Enforcement Procedures The standards set forth herein shall be enforceable by the Declarer, and its assigns (as limited herein), for the maximum period allowed by law and shall be enforceable by: A) Injunctive relief, prohibitive or mandatory to prevent breach of or to enforce performance or observance of these standards and requirements. B) Money judgments for damages by reason or the breach of these standards. ; Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 12 of 14 C) Both 1) and 2) above. 4.03 Failure of Enforcement Failure of Declarer to enforce any provision of the standards and requirements contained herein upon the violation thereof shall in no event be deemed to be a waiver of the rights to do as to any subsequent violation. 4.04 Variances Declarer may grant variances from the strict application of the provision of these standards and requirements in cases where by reason of extraordinary and exceptional conditions of any site or circumstances, strict application of any standard would result in peculiar and practical difficulties or exceptional or undue hardship upon the Owner or any Building Site, or where otherwise deemed appropriate by Declarer. 4.05 Severability Invalidation of any of the provisions of these standards and requirements, whether by court order or otherwise, shall in no way affect any of the other provisions which shall remain in full force and effect. 4.06 Review In exercising its approval rights under the terms of this Declaration, no approval shall be unreasonably withheld which is consistent with the specific standards set forth in this Declaration. '. 4.07 Amendments The Declaration may be amended prior to initial lot sale by an instrument in writing executed by the Declarant. Amendments, modifications, alterations to this document after the date of initial lot sold shall be subject to a public hearing ofthe EDA. All property owners within the Property shall be given written notification no less than ten (I 0) days prior to the public hearing. An instrument executed in accordance with this Section shall be effective when filed for recording with the Anoka County Recorder's Office. SECTION 5 MISCELLANEOUS 5.01 Mortgagees The provisions ofthis Declaration shall be subordinate to the line of a first mortgage on any lot and none of the provisions of this Declaration shall supersede or in any way reduce the security or affect the validity of any such mortgage; provided however, that if any lot is sold under a foreclosure of any such mortgage, the purchaser and the purchaser's heirs, successors and assigns, shall own such lot, subject to all of the covenants, conditions and restrictions of this Declaration. 5.02 Special Events The provisions of this Declaration do not apply to and do not prohibit periodic, non-permanent business promotions and special sales events conducted on a lot by the owner or occupant. In no event shall any sign be placed on any lot or parcel ofland for a period to exceed thirty (30) days out of a twelve (12) month period. " Andover Station Commercial Park Covenants Draft Copy March 30, 1999rPage 13 of 14 IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. DECLARANT ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By By Richard Fursman, Executive Director J.E. McKelvey, Chairman STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) 55. / On this _ day of , 199_, before me, a Notary Public, personally appeared lE. McKelvey and Richard Fursman to me personally known, who, being each by me duly sworn did say that they are respectively the Chairman and Executive Director of the Andover Economic Development Authority, a body corporate and political, the Municipal Corporation named in the foregoing instrument, and the seal affixed to said instrument is the corporate seal of said Municipal Corporation, and the said instrument was signed and sealed on behalf of said Municipal Corporation by authority of the Andover Economic Development Authority and said lE. McKelvey and Richard Fursman acknowledged said instrument to be the free act and deed of said Municipal Corporation. Notary Public Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 14 of 14 \ I EXHIBIT A LEGAL DESCRIPTION j Andover Station Commercial Park Covenants Draft Copy March 30, 1999 Page 15 of 14 " . / , ) / CITY OF ANDOVER REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION DATE March 30. 1999 AGENDA ITEM 5. Distribution Line Bunker Lake Boulevard NW Connexus Energy ORIGINA TING DEPARTMENT Community Development David L. Carlberg Community Development Director The Economic Development Authority is requested to discuss the burying or undergrounding ofthe distribution line on Bunker Lake Boulevard NW. Attached is a letter from Larry Nelson and Larry Peterson of Connexus Energy addressing the estimated cost(s) of the project and various cost analysis scenarios the impact of the undergrounding would have on (Andover) electrical customers. Mr. Nelson and Mr. Peterson will be in attendance at the meeting to answer questions of the EDA . CONNEXUSTM ENERGY 14601 Ramsey Boulevard Ramsey. Minnesota 55303 612,323,2600 Fax: 612,3232603 1,800,642,1672 ~.connexusenergy.conn info@connexusenergy.com / Your Community Energy Partner / March 25,1999 Mr. David Carlberg, Community Development Director City Of Andover 1685 Crosstown Blvd. Andover, MN 55304 Re: Incremental Costs For Undergrounding Bunker Lake Blvd. Dear Mr. Carlberg: " ) In response to the request from Andover City Council, please find the attached two documents. The first one shows a diagram of the road project and estimated costs. The second attachment is an Incremental Cost Construction Analysis showing forecasted construction costs, billing service fees, and other additional expenses associated with financing the incremental costs of this project. At the bottom ofthe Analysis page, you will find various scenarios that depict the monthly impact for the electrical customers located within the city of Andover. As offered earlier, we anticipate negotiating the length oftime Connexus Energy will carry out the customer billing. We look fOlward to meeting with the EDA members and to answer any questions that may arIse. Sincerely, {??:l:,"~ Planning and Design ~ Larry Peterson, Vice President Corporate Services encl. " cc: Scott Erickson, Andover City Engineer Connexus Energy Board of Directors / "Committed to customer satisfaction through service, leadership and involvement" A Touchstone Energy" Cooperative @ I au AY ST. , , , / .. co ~~- ~ c:: C) ~~~ .c:: ~::o <: ~ -n, ~ 'b - ~C) ll'1~ a~h; ~~ !\>n, rr, a)::.. ~~ C) 'b~ a-; ::0 .. 8a ~ - c:: r- ~ CO ~ 8 ~ C) tf) )> ~ :i ~ n, >>:: rr, tf) rr, t?5 :::0 ~ CO - ~ r- ~ r- 8 ):> CROSSTOWN DR. ~::o "" ~ >>:: ~n, tJ -; rr, ~~ . - '\ ~ ::0 / G) CO ll'1-; n, '" ~~ a ~ r- )> C) "' ~/ ~ --< t:J tJ ~ . c:: ~~ - LJ n, ~ ~a_ ~n, ::0 ::0 8::0 ~n, a -~~ ())~ I\)~ ~::o 88 \,Qn, ~ Co::t~ O)~ rr, an,r- ~ ~~ a~~ C) C) -J a tf) -; / HANSON BLVD. I I F' @- CONNEXUS ENERGY Incremental Construction Cost Analysis - Preliminary Bunker Lake Blvd Reconstruction Project Incremental Construction Cost Analysis General Assumptions Cost Recovery Period 21years Payments / Year 12 Required Rate of Return 95%1 8,660 I # of Affected Electric Customers Forecasted Cost Data Construction Costs Substation to Crosstown Dr Crosstown Drive to Quay St Overhead 156,800 72,000 228,800 Underground 403,600 199,000 602,600 Incremental 246,800 127,000 373,800 Contingency Fee - 20% 49,360 25,400 74,760 Total Incremental 296,160 152,400 448,560 Billing Service Fees Subscription Fee (Initial Set-up) Billing Service Fee Termination Fee New Customer Set-Up Fee $ $ $ $ 1,25 per customer 0,30 per customer per billing cycle 125 per customer 1,25 per customer Additional Annual Expenses Tracker / True-Up Reporting Expense A1ditional Required Revenue --' Total Annual Annual Revenue per Resident Monthly Fee per Electric Customer Est # of Electric Customers $ 2,400 per year $ 585,895 $ 285,802 $ 300,093 $ $ $ 32.20 1$ 2.681 8,660 9,093 9,548 ISummary of Possible Construction and Billing Scenarios Incremental Construction Amount ifiID: 2 Year ~ illm ~ Substation to Crosstown Dr = $296,160 Monthly Fee per Customer $ 3,45 $ 1,92 $ 1,41 $ 1.15 $ 1.00 Total Revenues Collected $ 369,499 $ 419,004 $ 472,939 $ 529,431 $ 588,609 Substation to Quay Street = $448,560 Monthly Fee per Customer $ 4,95 $ 2.68 $ 1,93 $ 1,55 $ 1.33 Total Revenues Collected $ 526,974 $ 585,895 $ 647,600 $ 712,233 $ 779,942 What if Scenario = $1,000,000 Monthly Fee per Customer $ 10.36 $ 5,45 $ 3,81 $ 2.99 $ 2.50 Total Revenues Collected $ 1,104,013 $ 1,189,769 $ 1,279,589 $ 1,373,679 $ 1,472,255 F:IJEFFIOTHERSllncimental Construction Cost Analysis325 Meeting3/24/995:50 PM