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HomeMy WebLinkAboutEDA January 18, 2005 C) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING January 18, 2005 - 6:00 p.m. Conference Room A & B AGENDA I. Call to Order 2. Approval of Minutes - January 4, 2005 3, Approve Andover Station North Design Guidelines, Continued - Planning 0 Discuss Andover Station North Development Progress - Planning 4, 5, Andover Station North Letters of Intent - Planning 6. Bruggeman Land Sale Update - Planning 7, EDA Membershipffenns - Planning 8, Appoint Representative/Andover Station Association - Planning 9. Other Business 10. Adjourn <J /;j-) c__- ~) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Economic Department Authority CC: Jim Dickinson, Executive Director FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: January 18, 2005 INTRODUCTION The following minutes were provided by TimeSaver for approval by the EDA: January 4, 2005 Regular Meeting (Larsen, Nowak, Schultz absent) ~J DISCUSSION Attached is a copy of the minutes for your approval. ACTION REQUIRED The EDA is requested to approve the minutes of January 4, 2005. Respectfully submitted, .j (J~-L iId:./' Vicki V olk City Clerk ':J CJ. DRAFT ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING JANUARY 4, 2005 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, January 4,2005,6:00 p.m" at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie Trude; Absent: Voting resident members Fred Larsen and Robert Nowak; and Non-voting resident member Edward Schultz Also present: Executive Director, Jim Dickinson Community Development Director, Will Neumeister City Engineer, Dave Berkowitz 0 Others OATH OF OFFICE President Gamache, Commissioners Knight and Orttel read the Oath of Office. APPRO V AL OF MINUTES December 7, 2004: Correct as written. Motion by Trude, Seconded by Jacobson, approval of the Minutes as written. Motion carried unanimously. APPROVE TCF ARCHITECTURAVSITE PLANS Community Development Director Neumeister stated on November 3, 2004 the EDA was shown preliminary site and architectural plans for the new TCF Bank that is proposed to be built at the northwest corner of Quinn Street and Bunker Lake Boulevard. At that meeting it was discussed briefly, and the comment was made "...that the final word was to be given by the EDA regarding (j the building and materials used", The lot division for the TCF Bank was given approval by the City Council on the consent agenda on November 3,2004. The proposed design of the building conforms to the prototype of all TCF Banks. There will be a Conditional Use Permit approval necessary for the drive-thru bank CJ Andover Economic Development Authority Meeting Minutes - January 4, 2005 Page 2 operation, The CUP is currently scheduled to be on the January 11,2005 Planning Commission agenda, Should the EDA require changes be made to the architectural or site plans then this will need to be explained at the Planning Commission meeting, Staff is recommending approval of the building and site plans as drawn, The applicant shall be required to obtain Commercial Site Plan approval as well and small adjustments may result from the review of the detailed site plans. Mr. Mike Kraft, HTG Architects, representing TCF Bank, made a presentation to the EDA. Commissioner Orttel asked if there is a site plan. Mr, Neumeister stated there is one in the packet. Commissioner Jacobson asked if the parking will be adequate or could they have a joint powers agreement. Mr. Neumeister stated there will be an agreement written up for parking, Commissioner Jacobson wondered if they added more green space around the building, would parking be adequate because he hated to have more pavement than needed. Mr. Neumeister thought they would have three extra stalls based on the square footage. C) Mr. Kraft showed a layout of the building and where the parking and drive up will be located, President Gamache asked what the footage is along the north side of the building. Mr. Kraft stated at the smallest point, it is around twenty-three feet. . Commissioner Trude wondered on the south entrance point if there will be an issue for larger trucks or vehicles to access. She would rather see less curbing to make the entrance wider than to have the curb taken out by the large trucks. Mr. Kraft stated their approach is to keep the entrance to the site fairly narrow because traffic engineers have told them if it is wider, there is more congestion, Mr. Berkowitz stated they have recommended increasing the radius to sixteen feet. Commissioner Knight wondered if they can get a fire truck over the drive thru lanes, Mr. Kraft stated their fire connection is at the front of the building. President Gamache asked how many cars the drive thru queue will hold. Mr. Kraft stated it can hold the equivalent of five cars per lane. Mr. Kraft stated the building is an all brick structure. He described the look of the building and what materials would be used. 0 Commissioner Jacobson asked if they will have a monument sign. Mr. Neumeister stated they will have one on the comer. Mr. Kraft stated the sign will be ten feet high and eight feet wide, Mr. Neumeister stated they will need a variance for any sign over five feet high in Andover Station North. r -, Andover Economic Development Authority Meeting '-~ Minutes - January 4, 2005 Page 3 Motion by Jacobson, Seconded by Orttel, to approve the schematic architectural and site plans for a new TCF Bank at the comer of Quinn Street and Bunker Lake Boulevard, noting the concern for the monument sign and noting they will need to come back for a variance. Motion carried unanimously. APPROVE ANDOVER STATION NORTH DESIGN GUIDELINES Community Development Director Neumeister explained in October, 2004 the EDA discussed changing the uses that are allowed in Andover Station North, Purchase agreements with potential buyers will reflect that they must comply with the design guidelines/standards for Andover Station North. These design standards state the uses that can be developed and also to what standards they will be required to be built to. Therefore they need to review and adopt the Andover Station North Design Guidelines. Commissioner Trude thought they were going to start from scratch and do something different because the guidelines are very intimidating. Commissioner Orttel thought this was fine and he () did not think there would be a problem with these. He thought the requests for building have been for more office and he thought the fronts should look nice, Mr. Neumeister stated if they do not have standards of any kind, the City will not have any decision on what is done. Commissioner Jacobson stated this not only covers the commercial part but also the residential part of the development and some of the wording concerned him. Commissioner Trude stated they need to add residential standards to the guidelines. The Commission discussed with Mr. Neumeister suggested changes to the guidelines for Andover Station North. Commissioner Knight noted some changes on page 13 and he thought they should discuss them, Mr. Neumeister stated what they are trying to do is to bring the buildings as close to the streets as possible. Commissioner Jacobson thought they should eliminate this section because it gives them more flexibility. Commissioner Trude wondered why they have included on page 14, towers on buildings. Mr. Dickinson stated they should have a varying parapet height instead of a tower. President Gamache thought they could eliminate the tower all together. Commissioner Jacobson stated he is not for adult uses but did not know ifit is legal to disallow it in an allowed area. He thought this should be checked into by the City Attorney. () Commissioner Jacobson stated on page 3 there is mention of exterior storage and sales and because this area is geared more for building and home improvement he thought some of the businesses may have outdoor displays during the day and put them away at night. He thought they might want to consider allowing some during the day as long as it is put in at night, Mr. / " Andover Economic Development Authority Meeting I ,~) Minutes - January 4, 2005 Page 4 Neumeister thought it needs to be better defined, Commissioner Knight thought they need to define what "indoors" means because some businesses have canopies that they store items under. Commissioner Jacobson would like to review the information on page 24 regarding signs. He wondered if they have any control over what is displayed inside as far as signage. Mr. Neumeister thought that if it is posted in the store, they cannot do anything about it as long as it is not displayed in a window. They could add wording regarding signage in a window. Commissioner Orttel thought they were going to limit the use of monument signs because in nicer areas they use monument signs. He thought a monument sign looks much cleaner but he would like to have one sign with all of the businesses listed on it. They should allow one area identification sign in the development at one major entry point up to twenty-five feet in height. Commissioner Jacobson discussed the wording on page 33 regarding large apartment buildings and assisted living facilities. He did not think they will have these in the development but he ,'\ would like to generalize the loading area wording. He wanted to change the wording from public \.J to private. Commissioner Orttel stated they do not want to confuse this with a park because that would be public. Commissioner Trude stated there is wording in the document regarding walkways with an emphasis of tying things together in the development, but she did not know if they will have the retail that people would want to walk to. Commissioner Knight stated once the homes go in, they may have some service type businesses developed to accommodate those homes. Commissioner Knight stated the amount Pov's is being assessed is very large and he wondered if this is being accepted by Mr. Povlitzki. Mr. Neumeister stated this will be discussed at the City Council meeting. OTHER BUSINESS . Make Up of ED A - Appoint New People The Commission discussed the make up of the EDA and possible reappointments, Mr. Dickinson stated Mr, Nowak would be gone until March but would like to remain on the committee and Mr. Schultz would like to remain as an advisor when needed. () Mr. Dickinson stated there are statutory restrictions and they need to follow State laws. He suggested the Commission get resignations otherwise there is a removal process that they have to follow statutorically to remove an EDA member. They have to have reasons and rationale as to why they are removing someone. If there is an attendance requirement, poor attendance, , - "- Andover Economic Development Authority Meeting . l \~) Minutes - January 4, 2005 Page 5 inefficiency, these are reasons to remove someone. Commissioner Jacobson thought they should authorize staff to proceed in fmding a way to remove them or open this up for applications and bring more information back at the next meeting, Motion by Jacobson, Seconded by Ortte!, to adjourn. Motion carried unanimously, The meeting adjourned at 6:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary ( "\ '-./ /- "\ \.J ~ ~. ''\ \ ) -.~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA Pre,id.., <nd Boon! ~ CC: Jim Dickinson, Executive Director - FROM: Will Neumeister, Director of Community Development !.I/L SUBJECT: Approve Andover Station North Design Guidelines (continued) -- Planning DATE: January 18, 2005 INTRODUCTION At the last meeting (Jan 4th) there were suggestions made by the EDA regarding the Andover Station North Design Standards. The attached document shows the recommended changes. Based on comments from the City Attorney, these guidelines will need further revision and will need to be brought back one more time for further review. . '\ DISCUSSION , "-- J At the October meeting, staff proposed changes to the uses that would be allowed. Those recommended changes are reflected in the attached documents. As you will recall there has been interest in building light industrial buildings housing a "Builders Showcase", This type of building would include tenants related to the home building trade. The building could include all the product and services that may be needed in the construction of a new home, All storage of materials would be inside, only company trucks and trash/dumpster enclosures would be allowed outside at the rear of the building away from view. Other miscellaneous changes that are recommended are shown with underlining and strikeouts. These will be discussed at the EDA meeting, Staff is planning to meet with the Attorney on Wednesday, January 19, 2005 to go over any other needed changes. ACTION REQUESTED The EDA is asked to review and provide direction to the staff and City Attorney on the proposed changes to the Andover Station Design Guidelines, Continue this item to the first meeting in February, 2005, Respectfully submitted, ?t/&- Will Neumeister ,.-- ", Attachments '-- ) ~ "Andover Station North" Design Standards (Jan. 7, 2005) r " \_. ..J ANDOVER STATION NORTH DESIGN STANDARDS ,',\ , J '--' January 7, 2005 .- '\ : J '-..-' TABLE OF CONTENTS r ~ Page '- . J PREAl\fBLE.................................................... ...... ................ ........... ... 1 SECTION 1- DEFINITIONS.............,..",.."",.......",.,.,..".,...................... 1 1.01 Andover Review Committee...........,..,..,...,...................,..,...... ..... 1 1,02 Building Site,.., ,.........,............ ,..........,..,...",..........".", ,.... ..,... 1 1,03 Economic Development Authority (EDA)...,..,..."'..........,. "..,......, ,.,. 1 1,04 Improvements... ........,...... ... ... ..,..""....". ,....",........""",."....... 1 1.05 Lots......",.............,...............,..,."...."......",........"..",........., 2 1.06 Occupant."..""......",......,.,..,..,...."..., ,.....,.. ,. '.. ...... ...". ........" 2 1.07 Owner... ,........."........,...,....., ,.....,'.,..", ,.....""..................",.. 2 1.08 Parcel................""......."",.",..............."".......,.................... 2 1.09 Person.,....... ,.. ......, ,......."...., ,................,.,..........., .,...,..,..,. ... 2 1.10 Property...,....,.,.......",............"""",."",.....,..,. ,..................... 2 I,ll Street....,....... ..., ,...".....",."""."" ".""", ,. ",......... ...... ......",.. 2 1,12 Permitted Uses......",....................,............,.,... ......... ... ....... ...., 2 1.13 Excluded Uses......",.....",....,........ ...... .................................... 5 SECTION 2 - PROJECT DESIGN STANDARDS........................................, 5 2.01 Site Plan...... ......",......",..",.........,......... ,.,....,..................,.,.. 7 2.02 Landscaping......",...,....,.....,.....,...,..",.., '....,..................", ...... 10 2,03 Architectural Standards... ... ... ......"....",..."........"......",...",... ..., 13 2,04 Parking Loading and Unloading Areas."............ "........,.,........,."". 14 2.05 Exterior Lighting",.....""..........."..,.",..,.. ,....................." ,. ...... IS 2,06 Signage.,...,.,......."......."""",.................,........".,...,........." ,. 18 I - ~'t 2,07 Construction and Maintenance...." ... ... ...... ....."....................,...... 23 '- .' 2.08 Residential Design Standards"...., ,....... ...... .., ... ...,.",.". ..,."......,.. 25 SECTION 3 - ARCIllTECTURAL AND SITE REVIEW............................... 28 3.01 Review"",....." ,........,..... ,.,..........................,........,..""... ..... 28 3.02 Approval.................,..............,..."....",....,., ,. ... ,...., .... ,.... ...... 29 3,03 Disapproval......... ...."""".....,..,.,."."",., ,....." ,..... ......,..... ..... 29 3.04 Restrictions on Construction and Alteration..... .......... ...... ,....,... ...... 30 3.05 Development Guidelines... ... ... ... ... ... ...... ... ,.. .., ." ... ... ... ... ... 30 SECTION 4 - ENFORCEMENT ........ ...... ..'..... '..... ......... ....... ................. 30 4.01 Termination......",...."."........,..,....,..,............. ... .....,..,."... ..... 30 4.02 Enforcement Procedures... ......, ,., ,...,............",..............,......... ,.. 31 4.03 Failure of Enforcement. ,....",...."............... ,.....",. ,., ,...,........., '.. 31 4.04 Variances.,....,..",....."."..................,..........".........,...."........ 31 4.05 Severability......",......,......................,...,.. .....,.".....""...... ...... 31 4.06 Review.......".......,.... ..,'........... ................ ,............,...'....."... 31 4,07 Amendments....," ,...."....................,....". ,.....",.......".... ,.... .... 31 SECTION 5 - MISCELLANEOUS.... ...... ...................... ....,... ......... .......... 31 5.01 Mortgages...."......,',............... ... ..............,...""..",."........." ,. 31 5.02 Special Events",..,.",........",.................".. ,.,..,.,.......,............. 32 EXIllBIT A - LEGAL DESCRIPTION..................................................... 35 EXIllBIT B - REGULATING PLAN '....................................................... 36 EXIllBIT C - MATERIALS PALATIE .................,...................,.............. 37 I \ , '.j i 0 DESIGN STANDARDS FOR ANDOVER STATION NORTH This Resolution is made as of _ day of , 2005 by the Andover Economic Development Authority, a body corporate and political (the EDA"). WHEREAS, the EDA is the owner of real property in the City of Andover, Anoka County, Minnesota, legally described on Exhibit A; and WHEREAS, the EDA desires to submit said real property and all improvements on it (collectively called the "Property") to the provisions of these Design Standards; and WHEREAS, the EDA desires to declare and establish Design Standards which will benefit 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, the EDA resolves that the Property, shall be owned, used, occupied and conveyed subject to the conditions and restrictions set forth in these Design Standards, 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. SECTION 1 0 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 a commercial, retail, office or residential building or buildings and appurtenant structures may be erected, any part of which is subject to the terms of the Design Standards. 1.03 "EDA" 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. I C) Andover Station North Design Standards January 7, 2005 - 1 - C) 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 recorded 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 conditions and restrictions in these Design Standards 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 of these Design Standards, including all improvements located on the real Property now or in the future. The Property as of the date of the adoption of the Design Standards 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 or internal drive on a subdivision plat prepared in accordance with Minnesota Statues Chapter 505 and filed for recording in the Anoka County Recorder's Office. 1.12 "Permitted Uses" shall mean the permitted uses of the Property be limited to community commercial, office, entertainment, office warehouse and residential 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. }.rcas designated as Community Commercial arc shown on EJd1:ibit B. Preferred uses shall include, but are not limited to, the following: :J Andover Station North Design Standards January 7, 2005 -2- r--- \~ . Apparel and Clothing . Barber and Beauty Shop . Book Store . Florist . Food and Grocery Stores . Jewelry Store . Leather Goods . Music Store . Photography Studio . Optometrist . Sporting Goods . Restaurants Permitted Uses shall include the following: . Antiques . Bicycles . Bakeries . Candy . Carpets & Rugs . Catering Establishments . China & Glassware . Clothing & Costume Rental . Department Stores . Electrical Sales & Repair . Furniture . Gifts . Hobby Shops . Household Appliances . Interior Decorating . Laundry & Dry Cleaning Pickup . Locksmith Shop . Luggage . Office Supply & Equipment . Paint & Wallpaper Sales . Phannaceutical . Restaurants 0 . Tailoring . Tobacco . Toys . Variety Stores . Video Store Rental & Sales . Liquor Store Sales - Off-Sale Builders Showcase Uses Includinl.?:: . Lil.?:htinl.?: Studios . Window and Garal.?:e Door ComDanies . Home and Office Electronics . Drvwall ComDanies . Cabinet ShODS . Contractors Offices . Interior Decoratinl.?: SUDDlies . Household ADDliances and and Services Fixtures. Central Vacuums . Other similar uses Drovided all . Indoor Showroom materials and finished l.?:oods are stored inside, ~~ Andover Station North Design Standards Janual)' 7, 2005 -3- / -, Conditional Uses shall include the followinl!: \..-J . Home Imorovement, Provided all materials are stored Buildinl! Suoolv, inside. Lumber Yards . Garden Provided bulk I!oods are CenterslLandscaoe adequately screened. Centers . Car Wash 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: . Scientific and Technology Industries . Office and Administrative Facilities . Financiallnstitutions . 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 at least 20% of floor area. There shall be minimal impact upon the surrounding environment by noise, vibration smoke, dust or pollutants, Areas designated as Office\Showroom\Warehouse are shown on Exhibit B. The following are permitted uses: . Indoor limited retail sales accessory to office\limited manufacturing uses . Scientific and Technology Industries . Indoor Showroom . Office/Showroom . 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 /- " J Andover Station North Design Standards January 7, 2005 -4- r -~ . Private Clubs, Lodges, Halls or Convention Centers , ) . Indoor Commercial Recreation Residential Areas designated for residential are shown on Exhibit B. 1.13 "Excluded Uses" shall mean the following uses and activities are prohibited within the Property: . Contractors Yards . Lumber Yards . Home Improyement\Building Supply . Garden\Landscape Center . Auto Related industries including sales and repair (except car wash) . Used Material Yard . Exterior storage and sales . Manufacture, storage or sale of explosives or similar dangerous products . Trucking Terminal . "Adult Uses" as regulated by city ordinances SECTION 2 PROJECT DESIGN STANDARDS /~ <j Development Theme The purpose of the Andover Station North development is to provide for the orderly and integrated development of a high quality Commercial Center that includes a mix of shops, offices, entertainment, housing, recreation, community facilities, and open space. The .Andoyer Station North intends to offer citizens a place to enjoy an aetive street life, eomml.H1:ity activities, and a neighborhood retail experience. The f.ndover Station North standards are the regulating zoning standards for the GB, General Business Zoning District. Other standards in the zoning ordinance or other regulatory controls notwithstaflding, Where there is conflict between the Andover Station North Design Standards and specific elements of the other City ordinances or regulations, the Andover Station North Design_Standards shall prevail. Where there is no conflict and when the Andover Station I North Design_Standards do not address a specific instance, other City standards shall apply, All new construction, modification or exterior alteration and colors must adhere to the established architectural theme of the Property. The ARC shall consider compatibility during the commercial site plan approval process, These design standards support the following goals for the entire platted area of "Andover Station North": /' '. , ) ,~~! Andover Station North Design Standards January 7, 2005 -5- ,. -". . Economic Development r ; , > Create a setting that supports the long-term viability of Andover Station North Commercial Center. > Optimize job growth, residential opportunities, and tax revenue for the City of Andover through the creation of an integrated and balanced project. . Land Use ~ Concentrate development at intensities that bring \vithin ","arking distance the di'lerse activities that comprise provide an active community commercial center. ~ Provide a complementary mix of land uses, including retail, entertainment, civic facilities, employment, housing, and community open space. ~ Integrate community-serving open spaces and amenities throughout Andover Station North and make connections to the City trail system, . Community Design and Architecture ~ Site and Design buildings and landscaping for convenient walking distances, - , enhanced pedestrian routes, and human comfort and safety. I \. ..' ~ A void pedestrian routes dominated by parking lots or blank walls. ~ Respect the site's valuable natural features, including its woodlands, ponds and wetlands, ~ Encourage architectural diversity, within a unified whole. ~ Encourage energy conservation through architectural features, such as shading devices, natural ventilation, and interior lighting. ~ Maintain high standards of quality in the construction of building and site features. ~ Respect adjacent existing residential neighborhoods and emphasize compatibility through design. . Infrastructure > Provide streets that create comfortable walking environments while also allowing safe vehicular movement. r- , , .-' Andover Station North Design Standards January 7, 2005 -6- 0 ~ Establish a network of interconnected internal drives and streets throughout Andover Station North and extend pedestrian connections to surrounding areas, . Administration ~ Strive for the timely and orderly implementation of the Andover Station North through clear, concise standards. ~ Establish standards that are consistent with the City's Comprehensive Plan aOO l.ndoyer Station North Master Plan. The Andover Station North Design Standards are intended to encourage creative application of specific design principles to the commercial center site (refer to Exhibit B - Regulating Plan). The goal of the design review process is to provide a framework for performance based communication, collaboration, negotiation and accommodation. The following are the primary categories of the Andover Station North Design Standards: 2.01 Site Plan 2.02 Landscaping 2.03 Architecture 2,04 Parking :J 2.05 Lighting 2.06 Signage 2.07 Construction and Maintenance 2.08 Residential 2.01 Site Plan The Andover Station North Site Plan specifies the essential physical features for the Andover Station North Commercial Center including required streets, build to lines, building locations and entrances, gateways, landmark toviCrs, landscape frontages, ponds and public trails. . Build to Lines Build to Lines define locations ,,,,,here buildings must be built within a certain distance of the public right of way or the ponds. Bringing building fronts dose to the edge of streets or ponds and wetland enhance continuity, attr-activeness and intimacy of pedestrian spaces. Specific regulations f-or Build to Lines arc: ~Bliild to Lines occur at the edge of the dedicated right of '.yay, ','{here property meets a publidy accessible street, path or 'Nater and wetland amenity, ~To contribute to'.'rards meeting the Build to requirement, building facades must be sited ....rithin zero to ten feet ofilie public right ofo.vay. .:J Andover Station North Design Standards January 7, 2005 -7- U -)>-Parks or plazas may be used to satisfy up to 20 percent of the build to requirement, and must be landscaped ".vith shade trees and furnished vAth seating area.<; satisfactory to ARC reyim.'/ and appro'ral. -)>-Standards for Build to Lines and a.<;sociated clemeats such a.<; minimum building height, building frontage and building entry a.<; well a.<; ,vindo','l placement and frequency are described in greater detail in the Architeetural St-{Jfldar-ds Seetien. . Landscaped Frontages Landscaped frontages shall be used to extend a sense of enclosure to the street in locations where street-facing buildings are not required, Landscaped frontages will also screen views of parking lots and loading areas, and will help establish a unique project identity. Landscaped frontages will be maintained. . Required Building Entries The Andover Station North Site Plan shows locations where major building entries should be encouraged to create important pedestrian and visual connections. These entries are located at important comers or intersections, typically where larger stores CJ would locate. Placing entries at these locations helps ensure that the buildings relate to the street and that pedestrians have a direct route of entry to the buildings, Pedestrians passing through these entries establish a critical mass of activity at major comers and near public areas, . Towers Towers are required in the designated locations to mark major destinations and gateways. The towers vAll terminate important local '/istas and visually announce the Andover Station North Commercial Center fr{)m Bunker Lake Boulevard and Commercial Boule'/ard, Towers of high architectural merit are called for a.<; shown in the prototype elevations. TO'Ners must be integrated iato a buildiag. The to','/ers may not exceed a height of 65 feet, plus minor projections Rot to exceed one f-oot in 'Nidth and fiye feet in height (a total of 20 feet above the maximllill bl:lilding height), Signs on to'Ners shall be prohibited. . Gateways Entrances to Andover Station North shall be marked by distinctive features that announce the Andover Station North Commercial Center and foster a memorable sense of arrival. . Buildings ~ Andover Station North Design Standards January 7, 2005 - 8- (J ~ Quality and Materials Each building located within the Property shall be built in an industry acceptable and city approved workman-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 to: 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 or textured finish, and coated. E) Metal siding is prohibited, except as an accent material upon approval of the ARC. C) F) All accessory structures shall be designed 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, H) 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 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. 0 Andover Station North Design Standards January 7, 2005 -9- (J 1) 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 and EDA if determined to be in conformance with existing design and character of the Property. L) Review and approval of building materials by EDA. ~ Minimum Height Street facing buildings must be at least 20 feet high. Minimum building height is measured relative to the finished grade. Minimum height is measured to the highest point of the roof, excluding minor lengths of parapets, cupolas, or other discontinuous projecting features. Continuous parapets or false fronts and peaked or sloped roofs do qualify towards meeting the minimum height. ~ Maximum Height .,- '\ In all locations, the maximum allowable building height is 45 feet, measured at U the tallest part of the building. ~ Minor Projections Minor projections and special architectural features such as clock towers, bell towers, cupolas and ornamental portions of parapet walls may extend up to 10 feet above the maximum height, provided they make up no more than one third of the length of a building's facade. . Common Site Maintenance Responsibilities The Andover Station North Owners Association shall control the maintenance of all hiking trails, walkways, common open space, street lighting, landscaping, and right of way and other site-related amenities through the collection of association fees from the members of Andover Station North Owners Association established by the Economic Development Authority. Pedestrian access shall be provided from each site to the public sidewalk and/or trail system. 2.02 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, 0 Andover Station North Design Standards January 7, 2005 - 10- (J 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. 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. Natural landscaping 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 shall be irrigated. The approved plan for landscaping a building site may not be altered substantially without submitting a revised plan to the EDA for approval. . Site Planning to Preserve Natural Assets '\ While the network of required streets is fixed, many site decisions remain for other streets U and for buildings. ~ Views and Vistas Site planning shall recognize the role that street alignment and topography contribute to visual prominence, High points on the land and vistas along common routes pro'/ide unique opportunities to site important buildings, building entrances, plazas and monuments. Doing Sf) will add recognizable landmarks that can make the Andoyer Station North a memorable place. ~ Grading Site planning shall minimize grading when locating streets and buildings, When areas with slopes must be graded, landform-grading techniques shall be used and slopes exceeding 4:1 shall be avoided. Rounded forms that use concave and convex shapes help conceal cuts by presenting a more natural look. Varied slopes also disperse drainage flows, reducing the potential for erosion and allowing more percolation. Concentrating drainage in concave swales also enhances on-site storm water retention and minimizes the need for large detention areas off-site, If required, any retaining walls shall not exceed five (5) feet in height. r \ V Andover Station North Design Standards January 7,2005 - 11 - ( " \.'-) ~ Landscaped Frontages A twenty-foot wide landscaped buffer must be placed where parking lots abut local and surrounding streets. However, care shall be taken to design and site the buffers such that they do not provide ambush points or obstruct views. ~ Connecting Walkways Connecting walkways must meet the following minimum requirements: ~ Width and Clearance The width of the paved walking surface must be at least six (6) feet clear, Any covered structure such as trellis must have at least ten (10) feet clear height, but must not obstruct visibility or provide hiding or ambush places. ~ Paving At stratel!:ic locations, connecting walkways must be paved with a special paving or concrete in a pattern or color that contrasts with the surrounding pavement to ~ insure uniformity and consistent walkway patterns. \.J ~ Tree Planting Connecting walkways must be planted with either shade trees or a shade structure such as a trellis with climbing vines. .~ Andover Station North Design Standards January 7, 2005 - 12- / 'I Lighting \._) Connecting walkways must be equipped with lighting. on one side, at least three (3) feet in height in order to be visible in deep snow drifts or snow banks. Lighting standar-ds spaced a maximum of thirty feet apart and a maximum of ten (10) f-eet tall are recommended. 2,03 Architectural Standards . Building Entries and Windows Building massing shall be designed to highlight the location of building entries. Primary pedestrian entries shall be clearly expressed and be recessed or framed by a sheltering element such as an awning, arcade, porch or portico. Greater height may be used to accentuate entries in the form of tower elements, tall openings, or a central mass at an entry plaza. . Reveals Windows and doors must be recessed at least two inches from walls or exterior trim to create shadow for visual interest. .--, . Building Scale and Def"mition <--.J The guidelines in this section are intended to create buildings with a human scale, making Andover Station North Commercial Center more pedestrian-friendly and a pleasant place to walk. ~ Structural Legibility and Articulation Facade articulation is required. Building fenestration (windows and doors) and changes in mass shall relate to structural system(s) and the organization of interior space. Vertical architectural features such as columns and piers help articulate building mass. ~ Roof FormlRooftop Equipment A variety of roof forms are permitted. Architectural drawings shall show rooftop mechanical equipment details. Changes in roof form must correspond with a building's structural bays and massing. Mechanical equipment must be integrated into overall mass of a building and screened and/or hidden behind parapets or recessed into hips, gables, parapets. Plain equipment boxes are not acceptable. ,'\ 0 Andover Station North Design Standards January 7, 2005 - 13 - /-- -, \. .I Materials and Methods of Construction -. . Building Materials. All buildings must have the following facade materials in any combination on each facade: brick, stone, glass. Other materials, such as wood, masonry, brick, rock face block, stucco, stone, architecturally textured concrete precast panels (but not including smooth concrete block) may be permitted at the EDA's discretion, if they are determined to be consistent with the Andover Station North Design Standards and the purpose of this section. The design on facades not visible from a public right-of-way or residential uses may be less ornamental than those visible from public right(s)-of-way, but may stilI use the same materials as the rest of the building. Walls used for screening must use the same building materials as the principal building(s). Buildings shall support regional traditions and maintain a high level of craft in the process of construction. See recommended materials palette, Exhibit C. (Samples available at Andover Community Development Office.) . Service Areas Service areas are places where truck loading takes place, refuse is stored or mechanical equipment is mounted. Service areas must be located away from and screened from view of streets, parks, plazas and landscaped walkways. Appropriate screening strategies , include vine-covered walls or fences, trellises, arcades, dense landscaping reaching a i I height of six feet or some combination thereof. Where service areas cannot be avoided ,-I along a street, park or plaza, they must be recessed within a building's envelope. . Fences and Walls Walls and fences within view of streets, parks or plazas must be constructed out of attractive, long-lasting materials, such as wood, wrought iron, masonry or stone. Chain link and wire fencing must not be used. Walls and fences must not exceed 42 inches in height within 20 feet of streets, parks, and plazas. 2.04 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 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 ARC. Landscaping shall be incorporated into all parking / -- \ '--" Andover Station North Design Standards January 7, 2005 - 14- r--' lots to decrease the visual monotony. Island plantings of over story 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 in the parkin!! lots. Joint parking arrangements between facilities shall be encouraged. . Landscaped Frontages Where parking lots abut streets, a Landscaped Frontage shall be provided on the parcel, adjacent to the sidewalk. Landscaped Frontages are not required when parking lots are sited behind buildings or plazas. . Conneeting Walkways ~Aeross Large Parking Lots Parking lots shall not el{eeed 100 spaees without being segmented by Connecting Walkways, Landscaped Frontages or buildings. ~Linlring Building Entranees to Sidewalks Where building entries do not abut a street, Connecting Walb;ays are required to - link the building entrance to street side\\<alks. This configuration is most likely , for larger store tenants ';'{ho require parking lots in front of building entrances. \.--_1 . Orehard Tree Planting In or Around Parkin!! Lots For parking lots, a minimwo nwober of shade trees are required, equivalent to one tree per sHf ten parking stalls. Trees in parking lots shall be spread uniformly throughout the parking area. Trees planted along connecting walkways and adjacent landscaped frontages may also contribute to the one-per-sHt ten requirement for parking lots. Trees must be set into a tree '.vell and pmtected by tree guards a landscaped island or placed around the perimeter of the parking: lot. . Bieycle Pllrlring Bicycle Parking must be provided in easily accessible locations. One bicycle space shall be provided for e'lcry 2,000 square feet of building Net Floor Area. Bicycle parking must be visible from storefronts or office building front doors, in order to improve seeurity for parked bicycles. 2.05 Exterior Lighting The following standards apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking and service areas. /- \ I _ -J Andover Station North Design Standards January 7, 2005 - 15- (J . Intensity and Direction of Lighting All lighting fixtures, including spotlights, electrical reflectors and other means of illuminating signs, structures, landscaping, parking, loading and similar areas, shall be focused, directed and arranged to prevent horizontal glare or direct ilIumination on adjoining property or streets. A sharp cut-off must be used to direct light toward walls and landscaping to avoid shining light up into the sky. Indirect ilIwoination of neighboring residential properties or uses by anyon-site lighting shall not exceed O.4-foot candles at the property line, as measured horizontally and vertically from the adjacent grade to a height of 14 feet. No mercury vapor utility yard lights or other light fixtures with high intensity discharge lamps or bulbs, which are not designed to limit or control light direction or which do not shield the light source from view of neighboring residential properties, shall be permitted. . Lamp Color and Consistency The lighting allowed in Andover Station North shall be the same as Andover Station. The lamp types used in Andover Station shall be repeated in this new development area. Lighting shall be required within three zones: along streets and walkways, within parks, 0 and within parking lots. 'Nithin each of these zones, lamps of similar ~e and eolor shall be used, \vith the conversion of non conf-orming existing lamps encouraged over time. Lamp styles and standards are on file with the City of Andover. . Types of Lighting Applications ~ Architectural Accent lighting of architectural features is encouraged to highlight building massing and rhythm as well as enhance the pedestrian environment. Accent lighting shall not be a source of glare, reflected glare or excessive light, especially when viewed from residences and streets, walkways or open spaces. The following standards apply: 0 Building Entries Building entries with high activity levels shall be ilIwoinated. Appropriate treatments include: bathing entry surfaces and doorways with light, allowing the building interior light to glow through glazing, or using decorative lighting fixtures to announce entries. 0 Service Areas 0 Andover Station North Design Standards January 7, 2005 .16. (J Building-mounted down light fixtures, in combination with pole fixtures, are preferred for the ilIwoination of building service areas. Such fixtures do not cause glare or light leakage beyond the service areas. 0 Landscaped Frontages Regular up lighting of walls or other structures in Landscaped Frontages shall occur throughout Andover Station North and must be coordinated to create a consistent and dramatic effect. 0 Landscaping and Furnishing Up lighting is recommended for all landscaping and furnishings (in both public and private areas) that require accenting (such as specimen trees and shrubs and sculptural features). Specific areas include streets, parks and plazas. 0 Landscaped Walkways Landscaped walkways and other pedestrian paths shall be lit by pole or bollard CJ type fixtures that are hwoan-scale, typically not to exceed sixteen (16) feet or four (4) feet in height, respectively. However, lighting must be at least three (3) feet in height in order to be visible in deep snowdrifts or snow banks. 0 Seating .A~reas Where intimate environments are desired (e.g. seating areas in parks and plazas, as '.veil as some pedestrian '.valkways), light bollards and otber f-orms of indirect illumination are appropriate. . Bollards Lighting bolIards are recommended for ilIwninating pedestrian walhv-ays, parks and pltmiS. Lighting bollards must bllYe a black metal finiSH. Bollards must bave a diameter of approximately eigbt inehes and a height of at least three feet, to avoid being obstructed by sno'lt'. :\roillld the light source near the top of the bollard, horizontal 10l:lyers must be used to stylistically complement the Iwninaries and direet light dOVIl1\\<ard. Concrete finishes shall not be used for lighting boIlards. . Submittal Requirements and Design Review U Andover Station North Design Standards January 7, 2005 - 17 - 0 A lighting plan prepared by a qualified lighting consultant shall be submitted for design review. All lighting and their methods of installation shall be reviewed and approved by the City. Each owner/tenant will be responsible for the design, fabrication, and installation oflights on private property. 2.06 Signage The City of Andover 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 ARC 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 0 the adjacent facade. Self-ilIwninating signs may be used only upon approval of the I ARC. The ARC 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, prefmished or utilize exposed metal. Any exposed metal shall be stainless steel, titaniwn, 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 1) All signs shall be reviewed by the Andover Review Committee (ARC) . Prohibited Signs The following signs are prohibited: 0 Andover Station North Design Standards January 7, 2005 - 18 - (J ~ No tenant signs will be permitted which do not directly relate to the name or primary service or function of the given tenant activity. ~ Signs consisting of visible moving parts or simulate movement by means of fluttering, rotating or reflecting devices. ~ Signs with flashing, blinking or moving lights or any other moving lights, or any other illuminating device that has changing light intensity, brightness, or color, except for parts designed to give public service information such as time, date, temperature or similar information. ~ Individual commercial signs placed on public property. ~ Signs projecting into the street, with the exception of traffic control signage, temporary banners mounted to light standards and pedestrian-oriented signs. ~ Vehicle mounted or portable signs which advertise, identifY or provide directions to a use or activity, that are not related to the vehicle's lawful making of deliveries of sales or of merchandise or rendering of services. 0 ~ Bench signs. ~ Billboards. ~ Roof-mounted signs. ~ Canister signs. ~ Signs that project above a parapet or the highest point of a roof. ~ Hand-painted wall or ground signs of a permanent nature. ~ Signs attached to or painted on windows with the exception of open hours slgnage. . Sign Construction Attractive and long-lasting signage shall be encouraged through the following provisions: 0 Andover Station North Design Standards January 7, 2005 - 19- eJ ~ All Signs shall be made of materials compatible with exterior building colors, materials and finishes and be of high quality fabrication. The scale and proportion of graphics shall be compatible with buildings' architectural character. ~ Signs are to be free of all labels and fabricator's advertising, except for those required by code. ~ All electrical signs and their installation must comply with all local building and electrical codes. ~ All electrical service to sign lights shall be fully concealed. No sign shall have exposed wiring, raceways, ballasts, conduit or transformers. ~ All exterior, mounted letters exposed to the weather shall be mounted at least three-quarters of an inch (3/4") from the building wall to permit proper dirt and water drainage. All bolts, fastenings and chips shall be of stainless steel, alwninwn, brass, bronze or other non-corrosive materials. No black iron materials of any type will be permitted. ~ Owners/Occupant shall be fully responsible for the operations of their sign contractor. ./- "\ U ~ All sign iIIwnination systems shall minimize the energy needed by utilizing contemporary energy saving techniques and materials. ~ Sign materials shall be limited to metal, wood, concrete, glass and acrylic materials with UV inhibitors. All materials shall be of high quality, durability and require low maintenance. ~ Wall-mounted signs must be constructed of cut-channel letters. ~ Wall-mounted signs may not project more than eight (8) inches from face of structure to which the sign is attached. ~ Freestanding monwnent signs shall be integrated with landscaping or an architectural feature such as a wall or fence to minimize visual mass. aDd sil!:DS for aD individual orooertv shall not exceed fifteen (15) feet in heig:ht. ~ Area Identification/mulit-tenant signs shall not be more than fiye (5) twenty- five (25) feet in height. Q Andover Station North Design Standards January 7, 2005 - 20- C_) . Sign Lettering Typography and graphics shall be constructed of durable materials capable of being permanently maintained, such as metal lettering, framed panels or engraved masonry. Any advertisement text, symbols or other indications displayed on the sign face shall be limited to not more than five (5) words, letters, nwnbers, figures, symbols or other indications used as a substitute for words. Lettering on Gateway and Project Identity signs and lettering on tenant signs is limited to a height of hvelve (12) twenty-four (24) inches . Tower Signage Tower locations are shown in the Site Plan, while tower height and width limitations are shown in the section on Building Height. Towers may have face and projecting signs, but signs for individual tenants are not permitted. Face signs may not be mounted higher than sixty-five (65) feet above grade. Any tower signage exceeding 35 feet in height shall comply with zoning ordinance requirements. . Gateway Signage for Project Identity and Tenants /' " Project gateways, shown in the Site Plan, are the two most commonly used vehicular '-----./ ) entries into Andover Station North. Gateways are marked by wall or trellis treatments on one or both sides of the street. . Building Signage These signs identify buildings and individual building tenants while respecting the character and hwnan scale of buildings in Andover S1f.ltion North. Signs shall not obscure architectural elements such as pilasters, cornice lines, capping or the edge of operungs. Building signs serve several purposes and may take several formats. . Building Sign Purposes ~ Signs for building identification announce the building, either with a street address name (for example, 100 Andover Station North Drive) or a building name (for example, The Birch Building). Building identification signs are usually placed at the top of the building or over major entrances. ~ Signs for individual ground-level tenants. () Andover Station North Design Standards January 7, 2005 - 21 - , " ~ Signs for shared-entry tenants address conditions in which multiple tenants share a ; J " -' building entry and an exterior identity, or when upper-story tenants share a ground-level entry. ~ Additional rninor, pedestrian-oriented signage for individual tenants. . Building Sign Formats ~ Building Face Signage lies against the plane of the building and is integrated into building details along cornices, base treatments, entrances or centered within building recesses. ~ Projecting or hanging signs are panels perpendicular to and projecting from a fayade to identify a business tenant. Projecting signs shall be at least eight (8) feet above pedestrian paths and thirteen (13) feet above streets that are used by trucks or emergency vehicles. ~ Pedestrian-oriented signs. These smaller signs for individual building tenants may be flush with the building face, project at right angles or be painted on awnings and shall not obstruct architectural features. / -, . Monument Signage . ) '----' Monument style signs shall be limited to communi eating the general locations and direction of amenities or facilities, such as tenant location maps and directions to parking lots, exits and deli'lel}' and loading areas. Monwoent signs shall not exceed six (6) fifteen (15) feet in heig:ht with Area Identification sil!:DS allowed up to twenty-five (25) feet in height. Signs may be posted on all sides of monwoents but shall not exceed two (2) square feet in display area per sign. Monument signs should have limestone or brick bases, complemented with limestone, dark green metal or wood trim. Signage lighting should be discreet, directed only at the sign rather than causing glare. . Other Signage ~ Public Traffic Safety Signs The City and other public agencies charged with the responsibility of traffic safety may place public traffic and other signs throughout the plan area. ~ Temporary Signs and Banners Temporary signs intended for seasonal events, holidays or special events may be attached to light standards within the street or project from building faces, subject ') \J Andover Station North Design Standards January 7, 2005 - 22- ( '\ to approval of sign permits. On all types of light standards, banners must not ... ) exceed a width of two (2) feet; for light standards of up to sixteen (16) feet in height, banners must not exceed three (3) six (6) feet in length, witH ORe additional foot of bar.ner length permitted for e'/ery additional foot in pole height, up to a six (6) foot maximwo length. Banners mounted on buildings shall not exceed a width of three (3) feet and a height of six (6) feet. ~ Occupant's Property Banners and other advertising devices, with the exception of stringers, floodlights, inflatable statuary or rooftop balloons may be placed on an occupant's property for the purpose of announcing the opening of a new business, subject to the following restrictions: The total area of all temporary signs and advertising devices shall not exceed the area of permanent signs for the use permitted by these sign criteria (see above). No temporary sign shall be located in a manner not permitted for permanent signs. Temporary signs may remain in place for a period not to exceed sixty-days after the date of installation of the sign. /-, , ' 2.07 Minimum Standards The Minimwo Standards for the construction, alteration and ' J '---; 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 Design Standards are more stringent than the zoning ordinance, or other laws and regulations of the City of Andover or any other applicable government agency, the Design Standards restrictive covenants contained in this Declaration shall govern and become the minimwo standards by which the improvements and maintenance of them shall be controlled. . 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. 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 ( '" '-- j Andover Station North Design Standards January 7, 2005 - 23. ( '\ sprinkling systems shall be installed for all landscaped areas. If at any time the ARC ~ ,... determines that an Owner has failed to properly maintain its Lot, the City of Andover, 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. . 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. . 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 iIIwoination, shall not be visible beyond the lot line ofthe property from which it originates. . 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. . Minimum Building Standards 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. (---\ \ .' - --' Andover Station North Design Standards January 7,2005 .24 - (J . 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 eoneept of tHe building plan, be designated so as Rot to attract attention, and be ineonspieuously loeated. 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 by ARC. . 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 0 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. 2.08 Residential Design Standards . Allowable Uses ~ Housing Residential Districts permit a range of housing types at moderate to high densities, including attached and/or stacked residences, such as row houses, apartments and condominiums as 'Nell as assisted liying facilities. ~Cround Floor Office and Retail In eertWn loeations in the Residential Distriet (ShO\'lD in the regulating plan), ground floor offiee, retail or liye/work space is permitted and encoUfilged in multi story residential buildings, in order to ereate a more aetiye presence along eertain streets. (Liye/'.'iork units are multi story residenees ....itb a small street facing storcfr-ont or offiee space for home offices.) / '\ "0 Andover Station North Design Standards January 7, 2005 - 25- () ~ Neighborhood Open Space A minimwo area of PublieIy L^..ccessible Commons (a shared open spacej is required in each Residential District to provide community areas for gathering, sports, relaxing and people watching. ~ Facade Treatment At least two (2) unique architectural treatments for each housing type are required, for at least four (4) different facade variations. The architectural treatments must differ in each of three categories: a) facade color, roof color or siding material; b) window pattern and trim detail; and c) porch, entryway, or balcony detailing. Identical buildings shall not be adjacent to or across the street from each other. ~ Attached Products with Shared Entries Porches or stoops are required where different units share entrances, such as at apartment buildings. ?>--Buildings with Four (4) or Fewer Units ./ '\ Shared entries must haye a por-eH ',yitH a minimwn of ten feet width and a \J minimum six foot depth. ~Buildings with Five (5) or More Units Shared entries must have either a porch of at leust ten f-cet by ten feet or an interior building lobby '.vith generous '.yindows facing the adjacent street or commons. . Facade Transparency ~ Front Doors For both detached and attached products, unit entries must be clearly marked through articulation, porches greater massing or thickness or recessed entries. Front doors must have a substantial, high-quality appearance. Plain, flat doors are prohibited; raised panel doors are required. Doors must have clear glass panes or generous adjacent windows, in order to allow occupants to look out before opening the door and to strengthen the relationship between the private residence and the public street. 0 Andover Station North Design Standards January 7, 2005 - 26- (J . Building Scale and Definition Articulation ~ All Residential Products The front facade of all re~idential buildings must be articulated ';'lith porebes, bay windows or balconies for that portion of the building: that face~ the adjacent street, park or open space. No wall shall have a blank, uninterrupted appearance exceeding 20 feet in width without a window, recessed panel, lattice, trellis, change in texture or plan, or equivalent treatment. To insure visual interest and appropriate scale, windows, doors and eaves must have reveals and recesses. ~ Attached Products The front facades of attached products shall read as a series of distinct vertical building forms or bays along a street wall. The overall composition of the main building shall highlight proportion and rhythm among a series of bays and the overall building mass. Pilasters, columns, reveals, fenestration and other details may be used to achieve this effect. The earners of the attacbed buildings must be 0 marked with str-ong elements such as vertical piers, extra height (such as a to'.Yer), greater massing (thickness, planar orientation, or material change) or different roof form (pitched or flat). . Materials and Methods of Construction ~ Materials New buildings shall support regional traditions and maintain a level of craft in the process of construction. Exterior fInishes shall be primarily of wood, brick or stone. ~ Application To avoid an applied look, material changes must not occur at external corners, but may occur at reverse or interior corners or as a return at least six feet from external corners. Scored plywood's (such as T I-II) is not permitted. ~ Side Elevations at Corner Lots The street-side elevation of any residence located at a street corner or siding onto open space or publicly accessible commons (including single-family, attached and /~ (J Andover Station North Design Standards January 7,2005 - 27- CJ multi-family units) must have the same materials, finishes and level of detail as the front elevation, with multiple windows. ~ Service and Loading Area Screening Large apar-.ment buildings and assisted living facilities often contain service areas or loading docks. Screening of such areas shall meet the same requirements as described in the section on Service Areas. . Publicly-Accessible Commons ~ Minimum Area Each residential area must include a minimwo acreage of Publiely }.ccessible Commons open space equal to ten percent of the land area. The Commons are a landscaped area similar to a park or open space and may be public or privately ovmed but must be accessible to the general publie. No more than 5,000 square fcet may be met by a private community recreation facility structure sUCH as a pool or clubhouse. SECTION 3 0 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 docwoent. The ARC shall approve the final design and plans of all site, architectural, tree protection, landscape, lwoinary, sign, utility, and grading, drainage and erosion control plan, under the stipulations set forth in this docwoent and the ordinances and policies of the City of Andover. 3.02 Approval Upon approval by the ARC 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) Approval Whenever approval of ARC is required, the ARC shall take action within thirty (30) days after receipt of the request and all plans, specifications or other docwoents required to be submitted for approval. If not approved, specified written objections shall be mailed or delivered to the applicant within thirty (30) days. All requests for approval or applications for variance of the conditions contained herein shall be submitted, in writing by certified mail to the ARC at: / " U Andover Station North Design Standards January 7, 2005 - 28- c) Andover Review Committee Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 Final approval of any variances to these design standards shall be submitted to the EDA for approval or denial. B) Construction Without Aooroval If the exterior of any structure is altered, erected, placed or maintained upon any lot without the approval of the ARC, such action is in violation of this Section 3 and, upon written notice from an Owner or the ARC, 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 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 City of Andover, 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. / " , J 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) Nwober 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. 0 Andover Station North Design Standards January 7, 2005 -29 - ('\ The EDA shall also have the right to disapprove any plans and specifications which, in \. -1 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. 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 or 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 ARC together with any other information or other submissions, which the ARC may require in its reasonable discretion. /'-~, C) All submissions shall have been approved in writing by the ARC. Plans and U 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 ARC. 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, restrictions and reservations contained herein shall continue and inure to the benefit of City of Andover, and its assigns (as limited herein), for a period of 20 years from the date of filing for record and shall be automatically extended in their entirety for successive periods of ten years unless City of Andover executes, acknowledges and files for record an appropriate instrument, in writing, terminating and releasing the requirements of this Declaration. CJ Andover Station North Design Standards January 7, 2005 - 30- ( ) 4.02 Enforcement Procedures The standards set forth herein shall be enforceable by the 1..-- City of Andover, and its assigns (as limited herein), for the maximwo 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. C) Both I) and 2) above. 4.03 Failure of Enforcement Failure of the City of Andover 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 The EDA 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 circwostances, 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 the EDA. ,__, 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 these Design Standards, no approval shall be unreasonably withheld which is consistent with the specific standards set forth herein. 4.07 Amendments Amendments, modifications, alterations to this docwoent shall be subject to the review and approval of the EDA at a public hearing. All property owners within the Property shall be given written notification no less than ten (10) 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 of these Design Standards shall be subordinate to the line of a first mortgage on any lot and none of the provisions 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, r-\ , J '-J Andover Station North Design Standards January 7, 2005 - 31 . , , successors and assigns, shall own such lot, subject to all of the conditions and restrictions of \ j these Design Standards. - 5.02 Special Events The provisions of these Design Standards 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 of land for a period to exceed thirty (30) days out of a twelve (12) month period. ,- ~, " .I -' . '\ '--/ Andover Station North Design Standards January 7,2005 - 32- eJ IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth above. ANDOVER ECONOMIC DEVELOPMENT AUTHORITY By By Chairman Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of , 2005, before me, a Notary Public, personally appeared and 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 and acknowledged said instrument to be the free act and deed of said Municipal Corporation. () Notary Public PROPERTY OWNER By STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this _ day of , 2005, before me, a Notary Public, personally appeared to me personally known, who, being by me duly sworn did say that he is the Property Owner, named in the foregoing instrument. Notary Public .~ Andover Station North Design Standards January 7, 2005 - 33- (J EXHIBIT A LEGAL DESCRIPTION Lots 1,2,3,4,5, Block I and Lot I, Block 2 and Lots 1,2,3, Block 3 Andover Station North, Anoka County, Minnesota. () 0 Andover Station North Design Standards January 7, 2005 - 34- (J EXHIBIT B REGULATING PLAN ::J ,-, U Andover Station North Design Standards January 7, 2005 - 35- C) EXHIBIT C MATERIALS P ALATTE Construction Materials/visual-color/texture. Walls: Masonry & Brick BRICK: . Dark: Adrian - Heartland Series (Glen-Gery Brick) Mediwo: # I Shelby - Heartland Series (G1en-Gery) #2 Belcrest 560A 00-17 (Belden) Lite: Belcrest 330A 99-16 (Belden) C) Corning Donohue Brick St. P. SPLIT FACE C.B. Anchor Block Lite: Parchment #300 Mediwo: Majove #287 Dark: Hickory #538 Accent Panels, Focus, Signs Stucco, EFIS or painted - Ref: Stocolor system colors Windows: Glass - no reflective (mirrored) ability to see in Frames - Natural alwo. andodized Bronze alwo. Andodized - need samples 1',\ V Andover Station North Design Standards January 7, 2005 - 36- @ ( , U 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW_CI.ANDOVER_MN.US TO: EDA President and Board ~ FROM: Jim Dickinson, Executive Direct~ Will Neumeister, Director of CommUnI y Development tuck.... SUBJECT: Andover Station North Development Progress-- Planning DATE: January 18,2005 INTRODUCTION Over the past few months, staff met with local developers interested in looking at the possibility of building a variety of different buildings in Andover Station North. As you will see from another item on the agenda, there has been progress made in regard to receiving "letters of intent" to buy land and develop in this exciting new development area. The 0 developers that have shown interest are planning to develop concurrently with the first phase of the construction of utilities and streets (for Jay Street). Provided the EDA accepts the "letters of intent" and direct staffto prepare a purchase agreement, the City would be on track to construct at least the first phase of Jay Street in the summer of2005. DISCUSSION As was explained in previous updates, the ability to get even the first phase of Jay Street off the ground depends upon developers who were willing to move ahead and put together "letters of intent" followed by purchase agreements. The City staff now believe that there are sufficient individuals who have submitted their "letters of intent" that the City can continue to work on plans to complete the entire Jay Street construction plans and also plan to have the entire site graded at one time. Attached is a map of Andover Station North that shows the parcels that we currently have purchase agreements and those that have recently submitted "letters of intent". Provided the EDA agrees to accept the letters of intent and also based on prudent fiscal objectives being met (i.e. development drives the amount of actual construction work that will be done), it may mean that the entire Jay Street could be constructed by the fall of 2005. The completion of that objective will depend upon the acceptance of all of the "letters of intent" by the EDA. If for some reason they are not all accepted, staff would need to evaluate whether it would be prudent to construct it all at once, or whether a phased approach would be best. 0 Recent discussions with the MnPCA staff have confirmed that there wiII be some special soils handling costs associated with grading of the site that have always been anticipated, ever since the land was purchased. Staff is working with the City's Consulting Engineer (SEH) and the environmental specialist to prepare a work plan, contingency plan and a soils management () plan. Our goal over the next six weeks is to have MnPCA approve these plans prior to any grading or construction plans being put out for bids. Based on this approach, will be able to incorporate any special handling of the soils that they may specify. The attached schedule will show our current plan for managing this rather complex development site and all the work that needs to be done over the next nine or ten months. ACTION REQUESTED This is an informational update for the EDA. No formal action is necessary, however any direction that the EDA would like to give will be appreciated. Respectfully submitted, ~ Will Neumeister Attachments Map of Andover Station North Table showing parcels that have either Purchase Agreements or "Letters ofIntent" Filed 0 Schedule for Grading, Utility, Street Construction () -2- ~' !i~~ 'U' ! ~f.L.. 0 J3 ii. ~f.n(/)~ ~~ ---<I1>-~.'O "U':3' SO!~88 SO!8 N :lj.$il I '0. ."1.0. '0.<-. o'~ O~ _ _ ~oo~ 00_ :38 . ~~~ <-~ ~ o e8bO ,I _ -f'I'\ , ~ "" e ~ B >! ,S ,,- !~ IIJ ( - " - E ." I! j ,. ,'g \.) .. ~ ,0 ~ 1l l'J 1i '~i i u ~ .;1-~ 13 ~ -S ~ g .. ,9- <IJ ".: ~ ;J' ; -< '8 a 8 .. 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I'" ,- ~\ r~;..:.:-;.~i".t~:-,-_'.::/;-: _...~~;<< I, .' ..7:7._~_,:.,'t:'e;~_", I~~~~' < ~'.-~----- , . j:. li:!I~~;:-o[.t.~,'~~V,"$~,-~ . - -..--r-,p_--'-~~-""~~~?:--.I-J,,:--.~.;j.k 1l;;'~-0"'';''''';T''~~~~ ~ ,_J '. ,__.. ~, "'~~c',t:~., I !:l.I',i:";;'-""~;~\:i':':-:"",~;' ;<!:-.I~1 ,. /---ia.-OH <IYllK .u.Nnoot=.<I1IT.l31ll01l~NOSJml: "_~ '. , ~~~"""~2-->"-~~--&J' I ~/- . -' ~- . ~ ~-. -- "'_//-,-c~'7~--~,-/-~~'f;t;rl;:n--,:::~:t ';'r -- , ,,-- ',' 'b' .,[ H';";!"" '''tiPI!; /'i " ~ - "__'_d', ',. ~:h -. ...'l.. I I: -,' :\ L I :. '--~_ t--:...--; ::~___ _ ::. - '_ -; .'. i::" ':,:. I '.:: './~: ,,' : 1 ,-\-,..1, .. -- . >---. 71. ." . . f ~ 1 1", ---------.<--,- -- . .-.--- +---______m__._m___:__~---. _____if la ~ ~ lli t'--~~.; .;:~~2iit~~{\.:-~.:.:':,~~- / I i ~ ~ " "';'_', '" >. .,..~ . I I' - <~ - '. '.... . - . . Q) u .~ .,0 -u __ , ;~Ii I .,- _ ,..s::: / 1" ;' I . ~ . ~.... -. '." '" J l-4 , 1'\ - - 1 "".:, 11 0 i I .: ..' ._ ~. . . 'f ,'I,"! ": .~IZ ; I - ~- -, CD - \-f~i:_'" .;~ ~.. . ~ _. ; i ~ --,". ' :'J 0 j ~ I ~ ...... . '[' .1: .::....... ~ 1 ' "- · - m 0 , L,~ [->'j-" ~ tIJ " rl"l IIJ /," V1U ~ ; -~--A ~~. -Q)::;S ;> ....~ ,0 IIJ 1"'C > ~j m'llll 1111 iI' Inti III I I (~N -.3- (' Parcels in Andover Station North \ (With Purchase Agreements or Letters of Intent" in process) \J Site Developer Description Phase I Phase IT (2005) (2006-08) Al Bruggeman (2005) Phase I X Properties Townhome Development A2 Bruggeman (2006-08) Phase n X Properties Townhome Development B Oppidan Retail Strip Center X (Square footage may need to be reduced to 178,000 s,f., not the 288,000 s.f. that they indicate in "Letter of Intent" ) C Oppidan Restaurant Site X (They may want the right of first refusal option on '\ this site, ifit can't be developed as a restaurant ,~) site the land may not be sold for some time) D Mike Casey Builders Showcase X Light Industrial E Available Light Industrial - - 197,545 s.f. site F Tramm Builders Office Development X (phase I - Fall 2005) G Tramm Builders Office Development X (phase II - Fall 2006) H Local Developer Commercial X Develooment I Available Light Industrial 160,000 s.f. site - - Note: Sites E and I could be sold over the next two years. ,-" \J / " Andover Station North Tentative Schedule "-) (as ofJanuary 18,2005) . Sept. 28, 2004 -- Council orders feasibility report. . Nov. 16,2004 _1st Draft of Feasibility Report from SEH. . Nov. 30, 2004 -- Council receives feasibility report, authorizes Public Hearing. . Jan. 4, 2005 -- Council holds Public Hearing, approves resolution ordering improvements, authorizes preparation of plans and specs. . End of December to Early February -- Plans and specs prepared by SEH. . March 1,2005-- Plans and specs. approved and Council orders ad. for bid. . March 30, 2005 -- Bid Opening . April 5,2005 -- Council awards bid. . Early April 2005 - Contractor moves heavy equipment on site. ,~) . Preconstruction Meeting April 2005. . Construction work begins April- May 2005. . First lift of asphalt and all underground utilities are completed by August I, 2005 on Phase I of Jay Street. . Phase II of Jay Street work is contingent upon enough land sales to justify the Council awarding the bid in late March. If enough land is not sold, the construction of the balance of Jay Street will be delayed. ~ -5- (!) / , \.~) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: EDA _ident ""d Bmrrd ~ FROM: Jim Dickinson, Executive Director ... . Will Newneister, Director ofCommum Developmend- SUBJECT: Andover Station North Letters ofIntent -- Planning DATE: January 18,2005 INTRODUCTION Over the past few months, staff has been working with local developers to sell land in Andover Station North. As a result of these discussions, we have receive "Letters of Intent" to purchase (see attachments). ---... DISCUSSION \ ) '-' Provided the EDA agrees to the terms and conditions contained in them, staff would ask the EDA to authorize the City Attorney to prepared purchase agreements with the individuals or companies that have shown interest in purchasing land located in Andover Station North. ACTION REQUESTED Staff requests the EDA to review the "Letters of Intent" and direct the City Attorney to prepare purchase agreements on all that there is interest in pursuing. Respectfully submitted, !d?-- Will Newneister Attachments Letters of Intent for Andover Station North .-., .J IfiiiiI ('. OPPIDAN \..J Builder of towns. Creator of value. 5125 COUNTY ROAD 101 . #100 . MINNETONKA. MN 55345 . PHONE: 952/294-0353 . FAX: 952/294-0151 . WEB: www.oppidan.com December 10, 2004 RECEIVED Mr. Will Neumeister ,. City of Andover DEe 1 3 1685 Crosstown Blvd. N.W. 2004 Andover, MN 55304 VIA FACSIMILE (763-755-8923) & U.S. Mail CITY OF ANDOVER RE: Andover Land Site - Andover, MN Dear Will: This letter shall serve as a revised proposal for purchase of that parcel of land owned by the City of Andover consisting of approximately 288,000 square feet (Lots D & E on the attached plan) in Andover, Minnesota. This proposal should not be construed to be a binding commitment on either party, but rather an outline ofterms to be incorporated into a mutually acceptable Purchase " Agreement. The terms are as follow: U l. SELLER: City of Andover 2. BUYER: Oppidan, Inc. or an entity controlled by Oppidan, Inc. 3. SIZE: Approximately 288,000 square feet 4. LEGAL DESCRIPTION: To be determined 5_ PRICE: One Million Five Hundred Twelve Thousand Dollars ($1,512,000.00) or Five Dollars and Twenty-Five Cents ($5.25) per square foot ofland, payable at closing. This represents a per square foot price of $5 .25 and shall be adjusted based upon the actual usable square footage of the parcel. 6. DUE DILIGENCE: Buyer shall have 120 days from the execution of the Purchase Agreement and Seller's delivery ofthe following items: . A copy of the survey of the property, including topography, to be provided by the City of Andover . Current Title Commitment. . Copies of any building and site development plans and specifications, if available. . Phase I environmental report for the entire site. 0 -z~ c> --/ 7. CONDITION PRECENDENT: Seller shall receive approval from the City of Andover, within 120 days, for a commercial development on the site. 8. EXTENSIONS: Buyer shall have the right to extend for one period of 45 days by placing an additional amount of $5,000 in escrow and all escrowed funds shall be non-refundable. 9. CLOSING: Closing shall take place within 15 business days ofthe completion ofthe Due Diligence period and approval from the City of Andover, which shall include a joint access agreement for the lot B, C, D & E, for the development. At closing, Seller shall convey marketable fee title free of all leases, mortgages and other encumbrances or restrictions. 10. UTILITIES: Property shall be delivered with all utilities available at the perimeter of the parcels. Also, City shall install the roadway, as depicted on the attached plan. 11. TAXES & ASSESMENTS: All taxes shall be prorated as of the day of closing. Any Special Assessments, levied or pending as of the date of closing. -, 12. BROKERAGE: Buyer and Seller represent that neither party is represented and no brokerage l./ commissions are due. It is understood that this Letter of Intent does not constitute a reservation or option on the property and shall not be binding on Seller or Buyer until a mutually satisfactory Purchase Agreement has been executed by both parties incorporating the above terms and conditions. Please acknowledge your acceptance of this Letter of Intent by retwning one copy of this letter to my attention, executed by an authorized representative of the Seller. Thank you for your cooperation. I look forward to working with you on this location. ~ ~ ~ APPROVED AND ACCEPTED Paul. UCCl By: Cc: Joe Ryan By: Print Name Title: Date: r--- t ' '-J -~- -.-- 0 -- , '0 . -4- () January 12, 2005 Kim L. Tramm, President TRAMM BUILDERS & REALTORS, LLC 3820 Cleveland Avenue North #100 ArdenRidge Office Park Arden Hills, MN 55112 Mr. Will Neumeister Director of Community Development City of Andover 1685 Crosstown Boulevard Northwest Adover, Minnesota 55304 Memorandum of Understanding relative to Tramm purchase of land pa.rcels from the City of Andover in Andover Station North Development Dear Mr. Neumeister: Tramm Builders & Realtors, LLC or an assign of related Tramm entity ("Buyer") proposes to purchase from The City of Andover ("Seller"~ the property located contiguously to the following proposed streets: Southwest comer of 139\ Lane Northwest and Jay street Northwest consisting of approximately three acres of land. SubjeCt parcel is bounded by Outlot B to the west as 0 indicated on a Preliminary Plat document that was received by the City of Andover of December 10,2004. See attached preliminary plat titled ANDOVER STATION NORTH. Buyer proposes to purchase said parcel of land from the Seller on the fo11owing terms and conditions: 1. Purchase Price: $400,000.00 2. Tenns of Pavment of Purcba~e Price: Eamest Mo'ney in the amount of $20,000 shall be tendered to Seller at execution of formal Purchase Agreement by a11 principals. Said Purchase Agreement shall be drafted by the Seller. Balance of the purchase price shall be paid by Buyer in cash at time of Buyer securing building permit for the start of construction of Buyer's proposed project Office CondominiumsITown-style Offices. 3. Closlnl1 Date: Buyer shall not be required to commence proposed project or secure any building permits earlier than May 15, 2006, but may commence project earlier at its option and in the event City infrastructure improvements are completed prior to this date. In the event City infrastructure improvements are not completed by May 15, 2006. Buyer shall agree to commence project withIn sixty days of completion of such improvements by City. Actual closing date shall be govemed as follows: a) City infrastructure improvements shall be complete, b) Buyer shall have applied for building permit and City shall have approved such application, and c) Tramm shall tender balance of purchase price in cash and City shall convey title to subject property. Buyer shall not commence with any project construction until the City has been paid in full for the subject property. 4. Title Evidence: Seller shall provide evidence of title and shall convey marketable title to the Property to Buyer at Closing. exClUSivity: Seller shall not offer the Property for sale to others providing Buyer and Seller have entered into a formal Purchase Agreement on or before , 2005 on which date () this Memorandum of Understanding shall expire and be replaced by a more formal Purchase -.>- ~J Memorandum of Understanding Purchase of Andover Land Parcel TRAM MlAN DOVER January 12, 2005 Page Two of Two 5. Agreement. In the event formal Purchase Agreement has not been executed by Buyer and Seller on or before said date, all agreements and obligations contemplated by this Memorandum of Understanding shall terminate. 6. Inclusions: Seller shall provide a list Of general project improvements and improvements Seller shall make to the subject land parcel within the formal Purt:hase Agreement. Such improvements will include the extension of water and sanitary sewer lines to the sfte, the installation of street. curb and gutters, storm sewer, construction of drainage ponding, and the establishment of final grade on the subject parcel. These issues shall be fully addressed in the Purchase Agreement in addition to general delineation of standard area costs to Buyer shall be addreSSed in the Purchase Agreement in accordance with the discussions Buyer has held at the City Offices regarding the same subject. 7. Continaencles: This transaction shall be subject to City approving Buyer's re-platting of subject parcel by the date of closing. B. Ootion Aqreement: At closing of this transaction, Buyer shall have the option to purchase similar parcel of land located across Jay Street to !he southeast. Parcells (j similar in size to subject parcel. Buyer would have one year from closing date of this transaction to exercise its option to purchase said second parcel from Seller. Price for this second parcel shall be the same as subject parcel plus five percent. A calculation of purchase price divided by usable square footage plus fille percent shall establish the purchase price. 9. Aaencv Reoresent<\tion: There are no Agents or Agencies involved in this transaction. Buyer and Seller are not represented in this transaction by any Agent or Agencies and therefore no commissions shall be due any entity at closing of transaction. Buyer hereby acknowledges that Kim L. Tramm is a licensed real estate broker in the State of Minnesota and is also affiliated with the Buyer. We hereby agree to buy the subject Property from Seller under the Terms and Conditions contained herein. We look forward to working with the City of Andover and developing a project of which we can all be proud. Sincerely yours, Kim L. Tramm, Buyer Date President TRAMM BUILDERS & REALTORS, LLC Countersianature: We hereby agree to Sell the Property to Buyers under the Terms and Conditions contained herein. CJ City of Andover Date -6- ~ . .,.> ",- 0 ....,< ". -' ./"" " / iJ! ) ~- " //( 0 > " . , f. /. I : ~/ '-. .-{ : ( ~\{ \, I ,:.: /\ j - \ic\ JIi \ ty. Jj I \ " - \\";:~j / \ i \ 0 / I \ c \ \ ;- \ E \ ,/ \ 0" \/~-J \ "--.;/ I S~ \ \ I '" 0 - \ 0 z \ ~ '" ~ .,. > , c.... (/) ~ ~ \ .g i> ~QJ:i ( 8\ .~~ \ :2~ ,:., \ u. u ..0 . I ~ ~o ~. z \ ~ 0 \ ___~ ~N I \ 0 " " - I o a. . -....... / ,I _.~ . \_, \\.., ~ \ " ". f " ,\ I I ! 1 \ '_,-,?: I ~ - 1-"-- " \ I. C I T Y o F @ () NDOVE 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: EDA Pre,ident and Boanl ~ FROM: Jim Dickinson, Executive Director ' Will Newneister, Director of Co ty Developmenttt.!i- SUBJECT: Bruggeman Land Sale Update -- Planning DATE: January 18,2005 INTRODUCTION Over the past few months, staff has been working with the developer (Bruggeman Properties), their Attorney (Dennis Trooien) and the EDA's Attorney (Bill Hawkins) to write a purchase agreement for the land in Andover Station North that would be sold to them for a townhome development. (J DISCUSSION The final form of the purchase agreement that is being finalized contains various provisions that contain the deal points that both the City and the developer feel are pertinent to achieving . a successful townhome land transaction. ACTION REOUESTED This is an informational update; no action is needed. Staff will bring the EDA a copy of the final docwnent to the next EDA meeting. Provided the purchase agreement is satisfactory to staff and the City Attoreny, a public hearing on the land sale will need to be scheduled for the first available EDA meeting in February, 2005 Respectfully submitted, ad- Will Newneister /, <-.J / " QJ . ) '-~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CLANDOVER.MN.US TO: EDA President & Commissioners FROM: Jim Dickinson, Executive Director SUBJECT: EDA Membershipfferms DATE: January 4, 2005 INTRODUCTION The EDA at the January 4, 2005 meeting requested staff to report back to the EDA at the next meeting the current EDA membership and terms. Also requested was for staff to research how members could be removed and new members appointed. This attached information is intended to fulfill those requests. / "\ U DISCUSSION Attached are the following: 1. Andover EDA membership with term expiration. 2. 2004 EDA Meeting Attendance 3. Various resolutions creating and amending the bylaws ofthe EDA 4. Minnesota Statutes outlining appointments and removal. ACTION REQUESTED The EDA is requested to review the attached data and provide direction to staff. / -, (--.J Andover Economic Development Authority ,-.. . , "~-) Mike Gamache - President VOTING RESIDENT MEMBERS 2815 -134 Avenue NW Andover, MN 55304 Robert Nowak, Sr. H. 757-6060 1306 -141 Lane NW Email home - cmgamache@ci.andover_mn.us Andover, MN 55304 H. 434-4371 Term Expires 1-2-07 Term Expires 1/1/08 Don Jacobson - Secretary Fred Larsen III 13335 Uplander Street NW 16714 Argon Street NW Andover, MN 55304 Andover, MN 55304 H. 434-3401 H. 763-242-3697 Email address - cmiacobson(alci.andover.mn.us Term Expires 1/1/08 Term Expires 1-2-07 Mike Knight - Treasurer ADVISORS to the EDA 4660 - 175th Ave NW Andover,MN 55304 Edward F. Schultz H. 421-9247 3321 - 133 Lane NW ,.-., Email address - cmknight(alci.andover.mn.us Andover, MN 55304 "--) H.421-7838 Term Expires 1-6-09 Term Expires 1/1/08 Ken Orttel - Assistant Treasurer 2772 Bunker Lake Blvd NW Andover, MN 55304 H. 755-8425 Email address - cmorttel(alci.andover.mn.us Term Expires 1-6-09 Julie Trude - Vice President 13862 Holly Street NW Andover, MN 55304 H. 862-2499 Email address- cmtrucle@ci.andover.11ln:us Term Expires 1-2-07 Recordin!! Secretary Time Saver Off-site Secretarial Service I' -~\ ......; Fi1e:g/dataleveryone/commissionsJEDA Revised 1/13/05 @ /- . . , , - ...;l < Eo< 0 Eo< POWZI ><: ><: ><: ><: ><: ><: PO/E/II ><: ><: ><: ><: ><: ><: ><: PO/6110r ><: ><: ><: ><: ><: ><: . ~ Po/s%r ><: ><: ><: ><: ><: ><: ><: c:J = PO/IZ/6 ><: ><: ><: ><: ><: ><: ><: ~ '0 POI L/6 ><: ><: ><: ><: ><: = ~ POI L 118 ><: ><: ><: ..... ><: ><: ><: ..... -< PO/9/L ><: ><: ><: ><: ><: ><: '... 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WHEREAS, Minnesota Statutes, Section 469.090 to 469.108, authorizes cities to establish Economic Development Authorities ("EDA") with specified powers and obligations to promote and to provide incentives for economic development; and WHEREAS, the City Council of the City of Andover, Minnesota (the "City") has determined that it is in its best interests to establish an EDA in order to preserve and create jobs, enhance its tax base and promote the general welfare of the people of the City and to provide for development activities within the City; and WHEREAS, the City has provided public notice and conducted a public hearing on April 5, 1994 concerning the establishment of an EDA and has fulfilled all other legal requirements for the establishment of an EDA. 0 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER: 1 . The EDA with all of the powers, rights, duties and obligations as set forth in Minnesota Statutes, Sections 469.090 to 469.108, and other law is hereby established in and for the City. 2. The EDA shall be governed by a board of five (5 ) commissioners who shall be the members of the City Council and elected and qualified in the same manner as the members of the City Council. 3. The City Administrator of the City shall act as the executive director of the EDA. 4. Nothing shall prevent the City from modifying this enabling resolution to impose limits on the powers of the EDA or provide for other matters as authorized by Minnesota Statutes, Section 469.090 to 469.108 or other law. 0 1 @ j Adopted by the City Council this 5th day of April, 1994. () MJ; r. J1l ,,( L, ATTEST: i L~~ tfdb , I City Clerk 0 .. 0 2 @ .- . , ~ BY-LAWS OF THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY 0 DATED: APRIL 5, 1994 1. The Authority Section 1.1 Name of the Authoritv. The name of the Authority shall be the Andover Economic Development Authority (hereinafter, the "Authority"), and its governing body shall be called the Board of Commissioners (hereinafter, the "Board"). Section 1.2 Office. The principal office of the Authority shall be the Andover City Hall. Section 1.3. Seal. The Authority shall have an official seal. 2. Organization Section 2.1 Officers. The officers of the Authority shall consist of a President, a Vice President, a Secretary, a Treasurer and an Assistant Treasurer. The President, the Vice President and the Treasurer shall be members of the Board and shall be elected annually, and no Commissioner may serve as 0 President and Vice President at the same time. The offices of Secretary and Assistant Treasurer need not be held by a Commissioner. Section 2.2 President. The President shall preside at all meetings of the Board. Section 2.3 Vice President. The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and perform all responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. Section 2.4 President Pro Tern. In the event of the absence or inability of the President and the Vice President at any meeting, the Board may appoint any remaining Commissioner as President Pro Tern to preside at such meeting. Section 2.5 Treasurer. The Treasurer shall receive and be responsible for Authority money, shall disburse Authority money by check only, keep an account of all Authority receipts and disbursements and the nature and purpose relating thereto, shall file the Authority's financial statement with the Secretary at least once a year as set by the Authority and be responsible for the acts of the Assistant Treasurer. U 1 l (0 , Section 2.6 Assistant Treasurer. The Assistant Treasurer ,~~ shall have all the powers and duties of the Treasurer if the '-) Treasurer is absent or disabled. Section 2.7 Secretary. The Secretary shall keep or cause to be kept minutes of all meetings of the Board and shall maintain or cause to be maintained all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time by resolution prescribe. Section 2.8 Executive Director. The Executive Director shall be the Administrator of the City of Andover, shall be the chief appointed executive officer of the Authority and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. 3. Procedures of Board of Commissioners Section 3.1 Annual Meetinq. The annual meeting of the Board shall be held on the first regular City Council meeting date, immediately following the City Council meeting, of the . month of January of each year. Section 3.2 Reqular ~ Special Meetinqs. Regular or _ special meetings of the Board may be called by the President or, ~ in the event of the President's absence or inability, by the Vice President at any time, upon three days prior notice to all Commissioners and the Executive Director. Upon the same notice, regular or special meetings of the Board may also be called by any two Commissioners. The Executive Director shall post notice of any regular or special meeting in the principal office of the Authority no less than three days prior to such regular or special meeting. Section 3.3. Quorum. A quorum of the five member Board shall consist of three Commissioners. In the absence of a quorum, no official action may be taken by, on behalf of, or in the name of the Board or the Authority. Section 3.4 Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than three Commissioners. Resolutions may but need not be read aloud prior to vote taken thereon. Section 3.5 Rules of Order. The meeting of the Board shall be governed by the most recent edition of Robert's Rule of Order. (~ 2 ~ , 4. Miscellaneous ;-, { 1 Section 4.1 Fiscal Year. The fiscal year of the '--./ Authority shall be the calendar year. Section 4.2 Treasurer's Bond. The Treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the Authority and filed with the Secretary and must be for twice the amount of money likely to be on hand at any time as determined at least annually by the Authority, provided, however, that said bond must not exceed $300,000. Section 4.3. Checks. An Authority check must be signed by the Treasurer and Assistant Treasurer. The check must state the name of the payee and the nature for which the check was issued. Section 4.4. Financial Statement. The Authority shall examine the financial statement together with the Treasurer's vouchers, which financial statement shall disclose all receipts and disbursements, their nature, money on hand and the purposes to which it shall be applied, the Authority's credits and assets and its outstanding liabilities. If the Authority finds the financial statement and Treasurer's vouchers to be correct, it shall approve them by resolution. 0 Section 4.5. Report to City. The Authority shall annually make a report to the. City Council giving a detailed account of its activities and of its receipts and expenditures for the preceding calendar year. Section 4.6 Budqet to City. The Authority shall annually send its budget to the City Council which budget includes a written estimate of the amount of money needed by the Authority from the City in order for the Authority to conduct business during the upcoming fiscal year. Section 4.7 Employees. The Authority may employ technical experts and agents and other employees as it may require and determine their duties, qualifications and compensation. Section 4.8 Services. The Authority may contract for the services of consultants, agents, public accountants and others as needed to perform its duties and to exercise its powers. The Authority may also use the services of the City Attorney or hire a general or special counsel, as determined by the Authority. 0 3 ciJ .. .., , Section 4.9 Supplies, Purchasinq, Facilities and ~-, Services. The Authority may purchase the supplies and materials "--.) it needs. The Authority may use the facili ties of the City IS purchasing department. The City may furnish offices, structures and space, stenographic, clerical, engineering and other assistance to the Authority. Section 4.10 Execution of Contracts. All contracts, notes and other written agreements or instruments to which the Authority is a part or signatory or by which the Authority may be bound shall be executed by the President and the Executive Oirector or by such other Commissioners or Officers of the Authority as the Board may by resolution prescribe. Section 4.11 Amendment of BY-Laws. These By-Laws may be amended by the Board by majority vote of all the Commissioners, provided that any such proposed amendment shall first have been delivered to each Commissioner at least three days prior to the meeting at which such amendment is considered. (j (~ 4 @) . J ECONOMIC DEVELOPMENT AUTHORITY , IN AND FOR THE '-j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RESOLUTION NO. ROO2-94 RESOLUTION ACCEPTING CONTROL, AUTHORITY, AND OPERATION OF THE DEVELOPMENT DISTRICT AND ITS TAX INCREMENT FINANCING DISTRICTS BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY FROM THE CITY OF ANDOVER. BE IT RESOLVED by the Board of Commissioners (the "Board') of the Andover Economic Development Authority (the "EDA"), as follows: 1. Recitals. All actions required by the applicable provisions of Minnesota Statutes, Sections 469.090 to 469.108, inclusive, as may be amended and supplemented from time to time, have been duly taken in order to create, constitute, and activate the EDA. 2. Acceptinq Pro;ect Control. Authoritv and Operation. In - '., accordance with Minnesota Statutes, Section 469.094, Subd. 2, the '\J Board hereby accepts on behalf of the EDA control, authority and operation of Development District No. 1 (the "Development District") and Tax Increment Financing Districts No. 1-1 and No. 1-2 (the "Tax Increment Financing Districts") located therein, referred to in Resolution No. E'57-94 of the City Council of the City of Andover, Minnesota, adopted on AprilS, 1994, copies of which are attached to this Resolution as Exhibit A. The Board also agrees that it covenants and pledges to perform all terms, conditions and covenants initiated and entered into by the City of Andover concerning all bond issues and related agreements pertaining to the Development District and its respective Tax Increment Financing Districts. 3. Effective Date. This resolution shall be effective as of the date hereof. i \ '\J 1 69J , Adopted by the Board of the EDA this 5th day of April, 1994. /.--~ ; j \_" , " ~ , " ) '--- / ." \.J' 2 G)) ( , .... _~ J ANDOVER ECONOMIC DEVELOPIv1ENT AUTHORITY COUNTY OF ANOKA STATEOFNUNNESOTA RES. NO. EDA - 005-97 A RESOLUTION AMENDING THE BYLAWS OF THE ANDOVER ECONOMIC DEVELOPIv1ENT AUTHORITY BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Andover Economic Development Authority (the "EDA"), as follows: .The Bylaws of the Andover Economic Development Authority (the "Bylaws") shall be amended as follows: Section 3.3 Ouorum. A quorum of the ffire-seven member Board shall consist of tbree-four Commissioners. In the absence of a quorum, no official action may be taken by, on oehalf of, or in the name of the Board or the Authority. . -. i I '-- -' Section 3.4 Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than three-four Commissioners. Resolutions may but need not be read aloud prior to vote taken thereof. Adopted by the Economic Development Authority of the City of Andover on this 16th day of September . 1997. CITY OF ANDOVER ATTEST tA. t JJ;"/~~ i/J.E. McKelvey, Presi ent r-" ( . G> 'oJ Minnesota Statutes 2004, Chapter 469. Page 4 of21 economic development, housing, or redevelopment as provided in subdivision 2. 0 Subd. 2. Project control, authority, operation. The city may, by resolution, transfer the control, authority, and operation of any project as defined in section 469.174, subdivision 8, or any other program or project authorized by sections 469.001 to 469.047 or 469.124 to 469.134 located within the city, from the governmental agency or subdivision that established the project to the economic development authority. The city council may also require acceptance of control, authority, and operation of the project by the economic development authority. The economic development authority may exercise all of the powers that the governmental unit establishing the project could exercise with respect to the project. When a project or program is transferred to the economic development authority, the authority shall covenant and pledge to perform the terms, conditions, and covenants of the bond indenture or other agreements executed for the security of any bonds issued by the governmental subdivision that initiated the project or program. The economic development authority may exercise all of the powers necessary to perform the terms, conditions, and covenants of any indenture or other agreements executed for the security of the bonds and shall become obligated on the bonds when the project or program is transferred as provided in this subdivision. 0 If the city transfers a housing project or a housing development project to the economic development authority, the city must transfer all housing development and management powers relating to that specific project to the authority. Subd. 3. Transfer of personnel. Notwithstanding any other law or charter provision to the contrary, the city council may, by resolution, place any employees of the housing and redevelopment authority under the direction, supervision, or control of the economic development authority. The placement of any employees under the direction, supervision, or control of the economic development authority does not affect the rights of any employees of the housing and redevelopment authority, including any rights existing under a collective bargaining agreement or fringe benefit plan. The employees shall become employees of the economic development authority. ==469.095 469.095 Commissioners; appointment, terms, vacancies, pay, removal. Subdivision 1. Commissioners. Except as provided in subdivision 2, paragraph (d) , an economic development authority shall consist of either three, five, or seven commissioners who 0 shall be appointed after the enabling resolution provided for in section 469.093 becomes effective. The resolution must indicate the number of commissioners constituting the authority. Subd. 2. Appointment, terms; vacancies. (a) @) htlp:/ /www.revisor.leg.state.mn.us/bin/getpub.php?pubtype=STAT _ CHAP&year=current... 1/12/2005 Minnesota Statutes 2004, Chapter 469. Page 5 of21 Three-member authority: the commissioners constituting a ~J three-member authority, one of whom must be a member of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, four, and six years, respectively. Thereafter all commissioners shall be appointed for six-year terms. (b) Five-member authority: the commissioners constituting a five-member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of two, three, four, five, and six years respectively. Thereafter all commissioners shall be appointed for six-year terms. (c) Sevpn-mpmher authority: the commissioners constituting a seven-member authority, two of whom must be members of the city council, shall be appointed by the mayor with the approval of the city council. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively and two members for six years. Thereafter all commissioners shall be appointed for six-year terms. (d) The enabling resolution may provide that the members of the city council shall serve as the commissioners. (e) The enabling resolution may provide for the appointment of members of the city council in excess of the number required in paragraphs (a) , (b) , and (c) . 0 (f) A vacancy is created in the membership of an authority when a city council member of the authority ends council membership. A vacancy for this or another reason must be filled for the balance of the unexpired term, in the manner in which the original appointment was made. The city council may set the term of the commissioners who are members of the city council to coincide with their term of office as members of the city council. Subd. 3. Inr..rprlsP in commission mp.mhpr~. An authority may be increased from three to five or seven members, or from five to seven members by a resolution adopted by the city council following the procedure provided for modifying the enabling resolution in section 469.093. Subd. 4. Compensation and reimbursement. A commissioner, including the president, shall be paid for attending each regular or special meeting of the authority in an amount to be determined by the city council. In addition to receiving pay for meetings, the commissioners may be reimbursed for actual expenses incurred in doing official business of the authority. All money paid for compensation or reimbursement must be paid out of the authority's budget. Subd. 5. Removal for C~l1SP A commissioner may be 0 removed by the city council for inefficiency, neglect of duty, or misconduct in office. A commissioner shall be removed only after a hearing. A copy of the charges must be given to the commissioner at least ten days before the hearing. The commissioner must be given an opportunity to be heard in person @ http://www.revisor.1eg.state.rnn.us/bin/getpub.php?pubtype=STA T _ CHAP &year=current... 1112/2005 Minnesota Statutes 2004, Chapter 469. Page 6 of21 or by counsel at the hearing. When written charges have been 0 submitted against a commissioner, the city council may temporarily suspend the commissioner. If the city council finds that those charges have not been substantiated, the commissioner shall be immediately reinstated. If a commissioner is removed, a record of the proceedings, together with the charges and findings, shall be filed in the office of the city clerk. / III.3I. 1387 G 291 ~ qh ==469.096 469.096 Officers; duties; organizational matters. Subdivision 1. Bylaws, rules, seal. An authority may adopt bylaws and rules of procedure and shall adopt an official seal. Subd. 2. Officers. An authority shall elect a president, a vice-president, a treasurer, a secretary, and an assistant treasurer. The authority shall elect the president, treasurer, and secretary annually. A commissioner must not serve as president and vice-president at the same time. The other offices may be held by the same commissioner. The offices of secretary and assistant treasurer need not be held by a commissioner. Subd. 3. Duties and powers. The officers have the usual duties and powers of their offices. They may be given C) other duties and powers by the authority. Subd. 4. Treasurer's duties. The treasurer: (1) shall receive and is responsible for authority money; (2) is responsible for the acts of the assistant treasurer; (3) shall disburse authority money by check only; (4 ) shall keep an account of the source of all receipts, and the nature, purpose, and authority of all disbursements; and (5) shall file the authority's detailed financial statement with its secretary at least once a year at times set by the authority. Subd. 5. Assistant treasurer. The assistant treasurer has the powers and duties of the treasurer if the treasurer is absent or disabled. Subd. 6. Treasurer's bond. The treasurer shall give bond to the state conditioned for the faithful discharge of official duties. The bond must be approved as to form and surety by the authority and filed with the secretary. The bond must be for twice the amount of money likely to be on hand at anyone time, as determined at least annually by the authority () provided that the bond must not exceed $300,000. Subd. 7. Public money. Authority money is public money. CiS) http://www.revisor.Ieg.state.mn.us/bin/getpub.php?pubtype=STAT _ CHAP&year=current... 1/12/2005 (Z) " , ) '-, 1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-6923 . WWW.CLANDOVER.MN.US TO: EDA President and Board FROM: Inn Dicki.",o, Ex~utive Drrect~ uL- Will Newneister, Director ofComm . Development ( SUBJECT: Appoint Representative/Andover Station Owners Association -- Planning DATE: January 18,2005 INTRODUCTION The City has received a request to have the City representative attend a meeting of the Andover Station Owners Association meeting on January 21, 2005. The attached letter indicates that Dave Berkowitz is the appointed representative. /) DISCUSSION \~ The information in the letter is not accurate, Julie Trude had been the appointed representative. In checking with her, she feels that a staff person would be more up to date on all that is occurring in the area and would recommend that the EDA appoint a staff person to represent the City. Dave Berkowitz has indicated he feels that Will Neumeister should be appointed rather than himself because of his familiarity with the individuals and issues in the Andover Station area. That appointment would be acceptable to Will. ACTION REOUESTED Staff requests the EDA discuss the appointment of a City representative to the Andover Station Owners Association and make a new appointment to that Association's membership (Le. Will Neumeister). Respectfully submitted, a/~ Will Newneister Attachments Letter from Andover Station Property Owners Association 0 . -'--~--------~.._~-_. I W.C"l'wD < .~t I () .!AN ! J 20115 I ~_. UNITED PROPERTIES L rlTY OF ANDOVER January 6, 2005 RE: ANDOVER STATION OWNERS ASSOCIATION Dear Members: A meeting of the Andover Station Owners Association will be held on Friday, January 21 st at 9:00 am at United Properties corporate offices located at 3500 American Blvd, i Suite 200, Bloomington, MN. I ! The agenda for the meeting will be to: () . Register each owner as a member of the Association . Verify the voting rights of each member . Verify the lot lines of each member . Vote on the offices of President, Vice President, Secretary/Treasurer . Discuss and vote on the 2005 budget . Complete property management contract for Assocation I . Misc. Issues If you have any questions my direct line is (952) 843-0344. Sincerely, 1f~~ Jennifer L. Lenhart, CPM@ Senior Property Manager , ! 0 6465 Wayzata Blvd.. SI. Louis Park. MN 55426 . 952.546.1410 . fax 952.546.1751 . www.uproperties.com . . . () UNITED PROPERTIES MEMBERS: Walgreens Attn: Richard Yetter 2134 Bunker Lake Blvd NW Andover, MN 55304 Target Store Attn: Don Randall 1000 Nicollet Mall Minneapolis, MN 55403 City of Andover Attn: Da. B ~il"qyi!lt oJ'.,J j e. Tt' ~e... 1685 Crosstown Blvd Andover, MN 55304 Ryan Companies (--) Attn: Tom Palmquist ~ 50 South Tenth Street Suite 300 Minneapolis, MN 55403-2012 United Properties Attn: Greg Boderman 3500 American Blvd Suite 200 Bloomington, MN 55431 United Properties Attn: Bruce Carlson 3500 American Blvd Suite 200 Bloomington, MN 55431 Lindquist & Vennum, PLLP Mr. Larry Guthrie I 4200 IDS Center 80 South 8th Street Minneapolis, MN 55402-2205 () \..1 I 6465 Wayzata Blvd.. SI. Louis Park. MN 55426 . 952.546.1410 . fax 952.546.1751 . www.uproperties.com I , !