HomeMy WebLinkAboutEDA April 19, 2001
, , CITY of ANDOVER
I
. '---""
Economic Development Authority Meeting - Thursday, April 19, 2001
Call to Order-7:00 PM
Swearing in Ceremony
Approval of Minutes
Discussion Items
1. Review and Approve Andover Station Association Documents
/
2. Andover Station Update
3. Discuss Extension of Advance Resources Contract
4. Discuss Design of WDE Site/99-7 larder Plans and Specifications
5. Other Business
Adjournment
'J
CITY OF ANDOVER
REQUEST FOR EDA ACTION
j DATE: Aoril 19.2001
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk
d.d~
ITEM NO.
Approval of Minutes
The Economic Development Authority is requested to approve the following minutes:
February 22, 2001 Regular. Meeting
;
,
- .
CITY OF ANDOVER
REQUEST FOR
ECONOMIC DEVELOPMENT AUTHORITY ACTION
J
DATE: April 19. 2001
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. 1 David L. Carlberg
Review and Approve Community Development Director
Association Documents/Andover Station
The Economic Development Authority (EDA) is requested to review and approve the
association documents for Andover Station. The EDA on February 22,2001, reviewed draft
covenants and suggested changes be made to the document. These changes have been noted on
the attached documents.
J
j
, ..
J
ANDOVER STATION
COMMERCIAL PARK COVENANTS
\
j
March 20, 2001
J
. .
TABLE OF CONTENTS
Page
J PREAMBLE. .... ...... ... ... ................................. ........... .... ....................... 1
SECTION 1- DEFINITIONS.................................................................... 1
1.01 Andover Review Committee..................................................... ... I
1.02 Building Site........... ..................... ....................................... .... I
1.03 Declarant..................................................................... .......... I
1.04 Improvements......................................................................... I
1.05 Lots..................................................................................... 2
1.06 Occupant............................................................................... 2
1.07 Owner....... ...... ................................................ ..................... 2
1.08 ParceL.................................................................................. 2
1.09 Person.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.10 Property................................................................................ 2
1.11 Street................................................................................... 2
1.12 Permitted Uses................ .................................................... .... 2
1.13 Excluded Uses........................................................................ 4
SECTION 2 - PROJECT DESIGN STANDARDS......................................... 4
2.01 Site Plan.. ......... .... ....... .... ..... ...................... ..... ..................... 6
2.02 Landscaping........................................................................... 10
2.03 Architectural Standards................................... .......................... 12
2.04 Parking Loading and Unloading Areas........................................... 14
2.05 Exterior Lighting.................................................................. ... 16
2.06 Signage.......... ..................... .............................................. ... 18
2.07 Construction and Maintenance................. ... ...... .... ........... ........... 23
2.08 Residential Design Standards.................................................... .. 25
SECTION 3 - ARCHITECTURAL AND SITE REVIEW............................... 28
3.0 I Review................................................................................ 28
3.02 Approval. ......... .... .............. ... ....... ................................. .... .... 28
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............................................................ 30
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. .................. ....... ............ ..... ............................ 31
EXHIBIT A - LEGAL DESCRIPTION................................................. .... 33
EXHIBIT B - REGULATING PLAN ........................................................ 34
EXHmIT C - MATERIALS PALATIE .................................................... 35
;
i
.
DECLARATION OF COVENANTS, CONDITIONS AND
) RESTRICTIONS FOR ANDOVER STATION
This Declaration is made as of _ day of _,2001 by the Andover Economic Development
Authority (EDA) , a body corporate and political (the "Declarant").
WHEREAS, Declarant is the owner of real property in the City of Andover, Anoka
County, Minnesota, legally described on Exhibit A.
and Declarant desires to submit said real property and all improvements on it (collectively
called the "Property") to the provisions of this Declaration; and
WHEREAS, Declarant desires to declare and establish covenants, conditions, and
restrictions which will benefit and burden the Property for the purpose of facilitating
development of the Property and for the purpose of protecting and preserving the value and
desirability of the Property.
THEREFORE, Declarant declares that the Property, shall be owned, used, occupied and
conveyed subject to the covenants, conditions and restrictions set forth in this Declaration, all of
which shall be binding on all Persons owning or acquiring any right, title or interest in the
Property and their heirs, personal representatives, successors and assigns.
SECTION 1
DEFINITIONS
1.01 "Andover Review Committee " shall be the authority charged with project
review and shall consist of representatives from the following City of Andover Departments:
Planning, Engineering, Building, Public Works, Fire, Administration, and Finance. (the
"ARC").
1.02 "Building Site" shall mean any lot or portion thereof, or two or more contiguous
lots, or portions thereof, or a parcel of land upon which an industrial, retail, office or residential
building or buildings and appurtenant structures may be erected, any part of which is subject to
the terms of this Declaration.
1.03 "Declarant" shall mean the Andover Economic Development Authority (EDA).
1.04 "Improvements" shall mean all structures and other construction on a lot or
parcel for a use permitted by the zoning ordinance of the City of Andover, including, but not
limited to, buildings, outbuildings, parking areas, loading areas, outside platforms and docks,
driveways, walkways, fences, lawns, landscaping, signs, retaining walls, screening walls, decks,
poles, berms, swales and exterior lighting.
Andover Station
Commercial Park Covenants
March 20, 2001
- 1 -
. ,
\ 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 covenants, conditions and restrictions in this Declaration
which apply to each lot shall also apply to each parcel.
1.09 "Person" shall mean a natural individual, corporation, limited liability company,
partnership, trustee, or other legal entity capable of holding title to real Property.
1.10 "Property" shall mean all of the real Property submitted to the provisions of this
Declaration, including all improvements located on the real Property now or in the future. The
Property as of the date of this Declaration is legally described on Exhibit A.
I 1.11 "Stree!". ,shall mean a portion of the Property dedicated to the public and shown
as a street or interrialdrive 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.
Communi tv Commercial Establishments engaged in commercial operations including
retail trade and services and hospitality industries. Areas designated as Community
Commercial are shown on Exhibit B. Preferred uses shall include, but are not limited to,
the following:
, J
Andover Station
Commercial Park Covenants
March 20, 2001
-2-
,
/ . 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
Pennitted 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
. Tailoring . Tobacco
. Toys . Variety Stores
Office Establishments engaged in strictly office operations not requiring loading or
warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The
following are pennitted uses:
. Scientific and Technology Industries
. Office and Administrative Facilities
. Financial Institutions
. Conference Centers
. Health and Dental Care Facilities
. Hotels and Motels
. Day Care Facilities
. Veterinary Hospital
Office\ Warehouse Establishments engaged in operations requiring both office and
warehousing facilities. Office space shall constitute at least 20% of floor area. There
shall be F1egligible minimal impact upon the surrounding environment by noise, vibration
Andover Station
Commercial Park Covenants
March 20, 2001
- 3 -
smoke, dust or pollutants. Areas designated as Office\Warehouse are shown on Exhibit
j B. The following are permitted uses:
. Mah~f~aijria~,~l"i~ati()H,. COfHPoa~diHg, Processing, Packaging,
TreatHieatana !~ssemel)'of (Joods,Pi"oal:lcts and MateriaJs
. ~,\T/lolesll:li~gaHd~.Var~flol:lsiHgJaeiIities
. Indoor limited retail sales accessory to office\manufacturing uses
. Scientific and Technology Industries
. Indoor 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
. Private Clubs, Lodges, Halls or Convention Centers
. Indoor Commercial Recreation
Residential Areas designated as residential are shown on Exhibit B.
J shall mean the following uses and activities are prohibited
1.13 ''Excluded Uses"
within the Property:
. Contractors Yards
. Lumber Yards
. Home Improvement\Building Supply
. Garden\Landscape Center
. Auto Related industries including sales and repair
. Used Material Yard
. Exterior storage and sales
. Manufacture, storage or sale of explosives or similar dangerous products
. Trucking Terminal
. "Adult Uses" as regulated by city ordinances
SECTION 2
PROJECT DESIGN STANDARDS
Development Theme The purpose of the Andover Station 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
J
Andover Station
Commercial Park Covenants
March 20, 2001
- 4-
Andover Station intends to offer citizens a place to enjoy an active street life, community
) activities, and a neighborhood retail experience.
The Andover Station standards are the regulating zoning standards for the GB, General
Business Zoning District. Other standards in the zoning ordinance or other regulatory controls
notwithstanding, where there is conflict between the Andover station standards and specific
elements of the other City ordinances or regulations, the Andover station standards shall prevail.
Where there is no conflict and when the Andover Station 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
site plan approval process.
These design standards support the following goals:
. Economic Development
> Create a setting that supports the long-tenn viability of Andover Station
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 within walking distance the
diverse activities that comprise 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 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.
" Avoid pedestrian routes dominated by parking lots or blank walls.
" Respect the site's valuable natural features, including its woodlands, ponds and
wetlands.
,
/
Andover Station
Commercial Park Covenants
March 20, 200 I
-5-
) );> 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.
~ Establish a network of interconnected local streets internal drives and streets
throughout Andover Station and extend pedestrian connections to surrounding
areas.
. Administration
/ ~ Strive for the timely and orderly implementation of the Andover Station through
clear, concise standards.
~ Estab}is~ standards thatareconsistent with the City's Comprehensive Plan and
Andover Station's Master Plan.
The Andover Station 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 Design Standards:
2.01 Site Plan
2.02 Landscaping
2.03 Architecture
2.04 Parking
2.05 Lighting
2.06 Signage
2.07 Construction and Maintenance
2.08 Residential
,
Andover Station
Commercial Park Covenants
March 20,2001
- 6-
2.01 Site Plan The Andover Station Site Plan specifies the essential physical features
J for the Andover Station Commercial Center including required streets, build to lines, building
locations and entrances, gateways, landmark towers, landscape frontages, ponds and public trails.
. Build-to Lines
Build-to Lines define locations where buildings must be built within a certain distance of
the public right-of-way or the ponds. Bringing building fronts close to the edge of streets
or ponds and wetland enhance continuity, attractiveness and intimacy of pedestrian
spaces. Specific regulations for Build-to Lines are:
>- Build-to Lines occur at the edge of the dedicated right-of-way, where property
meets a publicly accessible street, path or water and wetland amenity.
>- To contribute towards meeting the Build-to requirement, building facades must be
sited within zero to ten feet of the public right of way.
>- Parks or plazas may be used to satisfy up to 20 percent of the build-to
requirement, and must be landscaped with shade trees and furnished with seating
areas.
>- Standards for Build-to Lines and associated elements such as minimum building
,
/ height, building frontage and building entry as well as window placement and
frequency are described in greater detail in the Architectural Standards Section.
. 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. Landscapedfrontages will be maintained.
. Required Building Entries
The Andover Station Site Plan shows locations where major building entries should be
encouraged to create important pedestrian and visual connections. These entries are
located at important corners or intersections, typically where larger stores 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 corners and near public areas.
, /
Andover Station
Commercial Park Covenants
March 20, 2001
-7-
J Towers
.
Towers are required in the designated locations to mark major destinations and gateways.
The towers will tenninate important local vistas and visually announce the Andover
Station Commercial Center from Bunker Lake Boulevard and Commercial Boulevard.
Towers of high architectural merit are called for as shown in the prototype elevations.
Towers must be integrated into a building. The towers may not exceed a height of 65
feet, plus minor projections not to exceed one foot in width and five feet in height (a total
of 20 feet above the maximum building height). Signs on towers shall be prohibited.
. Gateways
Entrances to the Town Center shall be marked by distinctive features that announce the
Andover Station, Commercial Center and foster a memorable sense of arrival.
. Buildings
~ Quality and Materials
Each building located within the Property shall be built in a good and work-like
" manner with high quality, first-class building materials. The design and location
/ of buildings constructed on a lot shall be attractive and shall compliment existing
structures and the surrounding natural features and topography with respect to
height, design, finish, color, size and location. The following standards shall be
adhered 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.
F) All accessory structures shall be designed and constructed with materials
compatible with the primary structure.
J
Andover Station
Commercial Park Covenants
March 20. 2001
- 8 -
I G) All roof mounted equipment shall be screened by walls of compatible
J 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.
J) There shall be no underdeveloped sides of buildings visible from public right-
of-ways. All elevations visible from the street shall receive nearly equal
treatment and visual qualities. Windows shall be incorporated into areas that
'\ front streets, sidewalks or trails, when appropriate.
/
K) Other materials may be approved by the ARC or 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
the tallest part of the building.
, /
Andover Station
Commercial Park Covenants
March 20, 200 I
- 9-
j ~ 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.
. Trails and Amenities
The City of Andover shall maintain 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 fr()mthe. members of ARC 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,
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
I 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 must
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
and for buildings.
/
Andover Station
Commercial Park Covenants
March 20, 2001
- 10-
);> 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 provide unique opportunities to site important buildings, building
entrances, plazas and monuments. Doing so will add recognizable landmarks that
can make the Andover Station 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 1:43- 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.
);> Landscaped Frontages
\ A twenty teft-foot wide landscaped buffer must be placed where parking lots abut
I 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
Connecting walkways must be paved with a special paving or concrete in a pattern or
color that contrasts with the surround pavement.
I
Andover Station
Commercial Park Covenants
March 20. 200 I
- II -
,
J > Tree Planting
Connecting walkways must be planted with either shade trees spaced thirty (30) feet
on center or a shade structure such as a trellis with climbing vines.
> 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
standards spaced a maximum of thirty-feet apart and a maximum of ten (10) feet 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.
J
. 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 Definition
The guidelines in this section are intended to create buildings with a human scale, making
Andover Station Commercial Center more pedestrian-friendly and 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.
,
, ;
Andover Station
Commercial Park Covenants
March 20, 2001
- 12-
,
J Roof FormIRooftop Equipment
~
A variety of roof forms are permitted. 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 behind parapets or
recessed into hips, gables, parapets and similar features. Plain equipment boxes
are not acceptable.
. Materials and Methods of Construction
Buildings shall support regional traditions and maintain a high level of craft in the
process of construction. Wood, masonry, brick, rock face block, stucco and stone are
appropriate building materials. See recommended materials palatte, Exhibit C.
(Samples available at Andover Community Development Office.)
>- Consistency
Exterior materials and finishes shall convey a sense of integrity and durability.
Buildings must incorporate consistent, pedestrian-scale textures and details on all
, sides that are visible from public streets and pedestrian pathways.
I
~ Glass
Clear glass must be used for windows and doors; mirrored glass is prohibited.
Glass eurtain walls arediseouraged.
,. Simulated Materials
,..
Materials that are visibly simulated or prefabricated are prohibited. Scored
plywood (such as T 1-11) is prohibited.
~ Proper Application and Detailing
Materials must be properly applied and correctly detailed, especially at the base of
buildings, along cornices, eaves, parapets or ridge tops and around entries and
windows. Material changes must not occur at external corners, but may occur at
reverse or interior corners or as a return at least four feet from external corners.
J
Andover Station
Commercial Park Covenants
March 20, 2001
- 13 -
j Energy Conservation and Climatic Response
.
The effects of the Minnesota climate can be mitigated through intelligent building design,
configuration and landscape treatments. The following approach will also foster regional
sense of place.
;;. Day lighting
Day lighting techniques minimize the need for electric lighting and can reduce
peak-hour energy consumption by as much as 20 percent. While windows are the
most common form of day lighting, light from windows rarely penetrates more
than about 20 feet. Additional day lighting can be obtained with clerestories, light
shelves and skylights.
;;. Ventilation and Thermal Mass
To lessen dependence on air conditioning, natural cross ventilation shall be
maximized. Operable windows, transoms, doors, and vents shall be located to
facilitate airflow across a space. These openings are especially useful on sides
facing toward and opposite prevailing winds.
>- Passive Heating and Cooling
I
Site and building design shall consider passive heating and cooling strategies such
as deciduous tree plantings that provide shade in the summer and sun in the
winter. Heat-retaining thermal mass (such as concrete or brick) designed into
building walls or columns absorbs heat during the day and radiates heat at night.
Building design that shades opening reduces direct heat gain during the day.
Shading elements can also add dimensionality to building facades. Eaves or
awnings can be sized to shade windows in the summer but admit sun in the winter
when the sun is lower in the sky.
>- Pedestrian Shelter
Building exteriors shall provide pedestrians shelter from the sun, rain and snow.
Awnings, entry porticos, arcades and overhanging eaves are particularly
appropriate at pedestrian pathways. Garden structures such as trellises and arbors
(with, or without vines) shall be used to shade pedestrian routes and seating areas.
\
/
Andover Station
Commercial Park Covenants
March 20, 2001
- 14-
\.
) 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
height of six feet or some combination thereof. Where service areas cannot be avoided
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
J account the building or buildings located or to be located thereon, and the use made or to be
made thereof. Separate areas shall be designated for automobile parking, loading, commercial,
and storage uses. Loading areas shall not encroach into yard setbacks or required off street
parking areas of any lot. All parking and drive aisle surface areas shall be' either asphalt or
concrete and all parking areas including parking islands must be poured concrete curb. Any
deviation is subject to approval of the EDA. Landscaping shall be incorporated into all parking
lots to decrease the visual monotony. Island plantings of overs tory trees are required for parking
areas accommodating more than 20 vehicles. No vehicles or trailers may be parked in the same
location for a period in excess of twenty-four (24) hours. Joint parking arrangements between
facilities shall be encouraged.
. 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.
/
Andover Station
Commercial Park Covenants
March 20. 2001
- 15 -
I
. Connecting Walkways
>- Across Large Parking Lots
Parking lots shall not exceed 600 spaces without being segmented by Connecting
Walkways, Landscaped Frontages or buildings.
>- Linking Building Entrances to Sidewalks
Where building entries do not abut a street, Connecting Walkways are required to
link the building entrance to street sidewalks. This configuration is most likely
for larger store tenants who require parking lots in front of building entrances.
. Orchard Planting
For parking lots, a minimum number of shade trees are required, equivalent to one tree
per six 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-six requirement for parking lots. Trees must
be set into a tree well and protected by bollards or tree guards.
I . Bicycle Parking
Bicycle Parking must be provided in easily accessible locations. One bicycle space shall
be provided for every 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 security 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.
. 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 illumination 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 illumination of neighboring residential properties or uses by anyon-site lighting
shall not exceed OA-foot candles at the property line, as measured horizontally and
vertically from the adjacent grade to a height of 14 feet.
/
Andover Station
Commercial Park Covenants
March 20. 2001
- 16-
" ,
) 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
Subsequent to the adoption of these covenants tlj~secov~nants this ordiaaflce, the City is
expected to develop a unified lighting plan for the Andover Station. Lamp types shall be
selected to enhance color recognition within three zones: along streets and walkways,
within parks and plazas, and within parking lots. Within each of these zones, lamps of
similar type and color shall be used, with the conversion of non-conforming existing
lamps encouraged over time.
. 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 illuminated. 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
Building-mounted down light fixtures, in combination with pole fixtures, are
preferred for the illumination 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 the Andover Station and must be coordinated to create a
consistent and dramatic effect.
J
Andover Station
Commercial Park Covenants
March 20, 2001
- 17 -
0 Landscaping and Furnishing
I
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
type fixtures that are human-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 Areas
Where intimate environments are desired (e.g. seating areas in parks and
plazas, as well as some pedestrian walkways), light bollards and other forms
of indirect illumination are appropriate.
. Bollards
, Lighting bollards are recommended for illuminating pedestrian walkways, parks and
)
plazas. Lighting bollards must have a black metal finish. Bollards must have a diameter
of approximately eight inches and a height of at least three feet, to avoid being obstructed
by snow. Around the light source near the top of the bollard, horizontal louvers must be
used to stylistically complement the luminaries and direct light downward. Concrete
finishes shall not be used for lighting bollards.
. Submittal Requirements and Design Review
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 of lights
on private property. OwnerfI'enant shall submit three (3) sets of professionally executed
sign drawings for approval by the Planning Department. These drawings shall be of a
scale of 1/8 inch; one foot or larger, showing light locations, size layout, design, lamp
colors and materials. The OwnerfI'enant shall meet all City permit and fee requirements
for lights prior to installation of any light.
i
Andover Station
Commercial Park Covenants
March 20, 2001
- 18 -
) 2.06 Signage Declarer recognizes there is need for signs advertising the identity of Owner
and the business conducted on the Premises. It is further recognized that acceptable standards for
such signs may change from time to time. In order to allow for such change, all requests for
signs to be located on any part or parcel of the Property shall be submitted to the City of Andover
for approval. The EDA shall review all signs for approval. The following criteria shall be used
to evaluate sign appropriateness:
A) Advertising signs, advertising businesses or products other than those sold,
manufactured or warehoused on the part or parcel of the Property on which the sign is
located shall be prohibited.
B) Use of any flashing, pulsating or rotating light or lights shall be prohibited.
C) Rooftop signs shall be prohibited.
D) Signs shall be stationary and lighted by surface mounted fixtures located on the sign or
the adjacent facade. Self illuminating signs may be used only upon approval of the
EDA. The EDA shall determine appropriateness based upon size, scale, colors,
materials, and compatibility with neighboring signs and structures within the property.
E) Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited
unless used in conjunction with other decorative materials.
j
F) Signs may be painted, prefinished or utilize exposed metal. Any exposed metal shall
be stainless steel, titanium, bronze, or other similar non-corrosive materials.
G) Consistency in signage shall relate to color, size, materials and heights.
H) All signs must meet the requirements of the City of Andover, including receipt of
permits prior to erection.
n Pylon signs are prohibited
J) All signs shall be reviewed by the Andover Review Committee.
. Prohibited Signs
The following signs are prohibited:
>- No tenant signs will be permitted which do not directly relate to the name or
primary service or function of the given tenant activity.
j
Andover Station
Commercial Park Covenants
March 20.2001
- 19-
~ 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.
~ Bench signs.
~ Billboards.
~ Roof-mounted signs.
j
~ 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~ttached tooLpainted on windows with the exception of open hours
signage.
. Sign Construction
Attractive and long-lasting signage shall be encouraged through the following provisions:
~ 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.
,
.I
Andover Station
Commercial Park Covenants
March 20, 200 I
- 20-
, >- 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 (314") from the building wall to permit proper dirt and
water drainage. All bolts, fastenings and chips shall be of stainless steel,
aluminum, brass, bronze or other non-corrosive materials. No black iron
materials of any type will be permitted.
>- The Sign Contractor shall repair any damage caused during sign installation.
>- Owners/Occupant shall be fully responsible for the operations of their sign
contractor.
>- All sign illumination 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 monument signs shall be integrated with landscaping or an
architectural feature such as a wall or fence to minimize visual mass.
"- Signs shall not be more than five (5) feet in height.
,
. Sign Lettering
Topography 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, numbers, figures, symbols or other
indications used as a substitute for words. Lettering on Gateway and Project Identity
,
/
Andover Station
Commercial Park Covenants
March 20, 200 I
- 21 -
signs shall not exceed a height of 24 inches, while lettering on tenant signs is limited to a
, height of twelve (12) 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.
. Gateway Signage for Project Identity and Tenants
Project gateways, shown in the Site Plan, are the four most commonly used vehicular
entries into the Andover Station. 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 human scale of buildings in Andover Station. Signs shall not obscure
architectural elements such as pilasters, cornice lines, capping or the edge of openings.
\ Limits on number and size of signs are shown in the attached table. 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 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.
~ Signs for shared-entry tenants address conditions in which multiple tenants share a
building entry and an exterior identity, or when upper-story tenants share a
ground-level entry.
~ Additional minor, pedestrian-oriented signage for individual tenants.
\
I
Andover Station
Commercial Park Covenants
March 20,2001
- 22-
, 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
facrade 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 communicating the general locations and
direction of amenities or facilities, such as tenant location maps and directions to parking
lots, exits and delivery and loading areas. Monument signs shall not exceed six (6) feet in
, height. Signs may be posted on all sides of monuments 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
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) feet in length, with one additional foot
of banner length permitted for every additional foot in pole height, up to a six (6)
foot maximum length. Banners mounted on buildings shall not exceed a width of
three (3) feet and a height of six (6) feet.
,
J
Andover Station
Commercial Park Covenants
March 20, 2001
- 23-
I > 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 Minimum Standards for the construction, alteration and
maintenance of improvements on the Property shall be those set forth by the City of Andover and
any other governmental agency which may have jurisdiction over the Property. All
improvements on the Property shall conform to the then existing building codes in effect for the
City of Andover and shall be in compliance with all laws, rules and regulations of any
governmental body that may be applicable, including without limitation, environmental laws and
J regulations. Where the following restrictive covenants are more stringent than the zoning
ordinance, or other laws and regulations of the City of Andover or any other applicable
government agency, the restrictive covenants contained in this Declaration shall govern and
become the minimum standards by which the improvements and maintenance 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. iR aecordaRce with the gaidelines established by the ED.^..
All lots shall be kept free of debris of any kind and all landscaping must be kept in good
repair. All landscaped areas shall provide proper site drainage. Landscaped areas shall
be maintained in a neat condition, lawns mowed and adequately watered in summer,
neatly trimmed, and leaves raked. Underground sprinkling systems shall be installed for
all landscaped areas. If at any time the EDA determines that an Owner has failed to
properly maintain its Lot, the Declarant, following ten (10) days notice to the Lot Owner,
shall have the right to maintain the Lot and assess such Owner a violation assessment
equal to the costs of maintenance plus ten (10%) of such cost as an overhead charge.
"
/
Andover Station
Commercial Park Covenants
March 20, 2001
- 24-
\
I . 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 illumination, shall not be visible
beyond the lot line of the property from which it originates.
. Temporary Structures
) No temporary building or other temporary structure shall be pennitted on any lot;
provided, however that trailers, temporary construction buildings, and the like shall be
pennitted 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
BuildingsaIldeneIosed sti-uctllresslolall covernot more than 30% of the total area of a lot.
Buildings, enclosures, parking areas, driveways and other surfaced, non-vegetated areas
shall not cover, in aggregate, more than 70% of the area of a lot. Landscaping and
vegetation including courtyards, outdoor dining areas, and patios shall incorporate at least
30% of the total area of the lot.
. 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
)
Andover Station
Commercial Park Covenants
March 20, 2001
- 25 -
concept of the building plan, be designated so as not to attract attention, and be
/ inconspicuously located. Unless specifically approved in writing, by the EDA, no
materials, supplies or equipment shall be stored in any area on a lot except inside a closed
building or behind a visual barrier which screens such areas so that they are not visible
from the streets or from the front yard of adjoining lots. All enclosures and trash
receptacles shall be kept in a good state of repair and waste receptacles shall include
secure lids or covers to properly contain wastes. All enclosures must be accessible to
waste and recycling collection vehicles. No service, waste or storage area shall be
permitted between the street and front of a building unless approved by the EDA.
. Utilities and Antennas
All permanent, local service, utility lines on any lot shall be placed underground. All
utility apparatus and appurtenances including but not limited to transformer or terminal
equipment shall be visually screened from view from streets and adjacent lots. Antennas
that present a cluttered view, which detracts from the park atmosphere, or that interfere
with the operations of other owners in the Property are not permitted.
2.08 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 well as assisted-living facilities.
> Ground-Floor Office and Retail
In certain locations in the Residential Districts (shown in the regulating plan),
ground-floor office, retail or live/work space is permitted and encouraged in
multi-story residential buildings, in order to create a more active presence along
certain streets. (Live/work units are multi-story residences with a small street-
facing storefront or office space for home offices.)
> Neighborhood Open Space
A minimum area of Publicly-Accessible Commons (a shared open space) is
required in each Residential District to provide community areas for gathering,
sports, relaxing and people watching.
I
Andover Station
Commercial Park Covenants
March 20. 2001
- 26-
,
j ~ 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. Porches may extend up to ten feet into the front setbaclc.
~ Buildings with Four (4) or Fewer Units
Shared entries must have a porch with a minimum of ten feet width and a
minimum six-foot depth.
~ Buildings with Five (5) or More Units
Shared entries must have either a porch of at least ten feet by ten feet or an interior
/ building lobby with generous windows 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.
. Building Scale and Definition
,
j
Andover Station
Commercial Park Covenants
March 20, 2001
- 27-
\ Articulation
I
> All Residential Products
The front facade of all residential buildings must be articulated with porches, bay
windows or balconies 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 comers of the attached buildings must be
marked with strong elements such as vertical piers, extra height (such as a tower),
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 comers. Scored plywood's (such as T 1-11) 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
multi-family units) must have the same materials, finishes and level of detail as
the front elevation, with multiple windows.
I
Andover Station
Commercial Park Covenants
March 20, 2001
- 28-
~ Service and Loading Area Screening
j
Large apartment 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 minimum acreage of Publicly-Accessible
Commons 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 owned but
must be accessible to the general public. No more than 5,000 square feet may be
met by a private community recreation facility structure such as a pool or
clubhouse.
SECTION 3
ARCHITECTURAL AND SITE REVIEW
3.01 Review The EDA shall review all construction, additions and exterior modifications
for conceptual adherence to the provisions of this document. The ARC shall approve the final
j design and plans of all site, architectural, tree protection, landscape, sign, utility, and grading,
drainage and erosion control plan, under the stipulations set forth in this document and the
ordinances and policies of the City of Andover.
3.02 Approval Upon approval by the EDA of any plans and specifications and other
submissions submitted hereafter, a copy of such plans and specifications, as approved, shall be
deposited for permanent record with the City of Andover, and a copy of such plans and
specifications bearing such approval, in writing, shall be returned to the applicant who submitted
the same.
A) Approval Whenever approval of Declarer is required, Declarer shall take action
within thirty (30) days after receipt of the request and all plans, specifications or other
documents required to be submitted for approval. If not approved, specified written
objections shall be mailed or delivered to the applicant within thirty (30) days. All
requests for approval or applications for variance of the conditions contained herein
shall be submitted, in writing by certified mail to Declarer at:
Andover Economic Development Authority
Andover City Hall
1685 Crosstown Blvd. NW
Andover, MN 55304
,
Andover Station
Commercial Park Covenants
March 20, 2001
- 29-
.
,
j B) Construction Without Approval If the exterior of any structure is altered, erected,
placed or maintained upon any lot without the approval of the EDA, such action is in
violation of this Section 3 and, upon written notice from an Owner or the EDA, any
structures altered, erected, placed or maintained upon any Lot in violation hereof shall
be removed by the Owner or re-altered so as to extinguish such violation. The Owner
of the Lot upon which such violations exists shall have fifteen (15) days after the
notice of such violation to take reasonable steps toward the removal or termination of
the same. If such Owner fails to take reasonable steps to eliminate the violation, the
Declarer, in addition to any right available at law or in equity, including injunctive
relief shall have the right to enter upon such Lot and remove or terminate the
violation. The Owner shall be assessed a violation assessment equal to the cost of
correcting the violation plus ten percent (10%) of such host as an overhead charge.
3.03 Disapproval Plans and specifications submitted pursuant to Section 3 shall be
disapproved if they fail to include any and all information requested by the ARC. The ARC may
also disapprove such plans and specifications if any of the following are objectionable:
A) The exterior design, appearance, or materials of any proposed structure.
B) The location of any proposed structure upon any Lot or parcel or with reference to
other lots in the vicinity.
\
/
C) The grading plan of any Lot or parcel.
D) The color scheme, finish, proportions, style or architecture, height, bulk, or
appropriateness of any structure.
E) Number of and size of parking spaces, vehicular circulation patterns or design or
location of parking areas proposed for any lot or parcel.
F) The landscaping and/or signing and lighting plan for any Lot or parcel.
G) Violation of Andover City Ordinances.
The EDA shall also have the additional right to disapprove any plans and specifications
which, in the reasonable judgment of the EDA, would render the proposed structure or use
inharmonious with the general plan of improvement of the property or with structures located
upon the Lots, parcels or other properties in the vicinity.
In any case where the EDA disapproves any plans and specifications or other submissions
submitted pursuant to Section 3.03, such disapproval shall be accompanied by a statement stating
with specificity the grounds upon which such action was based.
/
Andover Station
Commercial Park Covenants
March 20, 2001
- 30-
\
I 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 EDA together
with any other information or other submissions which the EDA may require in its
reasonable discretion.
C) All submissions shall have been approved in writing by the EDA. Plans and
specifications submitted pursuant to this section shall conform to the requirements of
Commercial Site Plan application of the City of Andover and contain all information
required by the EDA.
3.05 Development Guidelines The EDA may from time to time adopt guidelines for
approval and disapproval of proposed improvements or alterations and the maintenance of them;
and, in the event such guidelines are adopted, shall make them available to all owners.
'.
I
SECTION 4
ENFORCEMENT
4.01 Termination Each of the conditions, covenants, restrictions and reservations
contained herein shall continue and inure to the benefit of Declarer, 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 Declarer executes,
acknowledges and files for record an appropriate instrument, in writing, terminating and
releasing the requirements of this Declaration.
4.02 Enforcement Procedures The standards set forth herein shall be enforceable by the
Declarer, and its assigns (as limited herein), for the maximum period allowed by law and shall be
enforceable by:
A) Injunctive relief, prohibitive or mandatory to prevent breach of or to enforce
performance or observance of these standards and requirements.
B) Money judgments for damages by reason or the breach of these standards.
C) Both I) and 2) above.
I
Andover Station
Commercial Park Covenants
March 20, 2001
- 31 -
.
'>
/ 4.03 Failure of Enforcement Failure of Declarer to enforce any provision of the
standards and requirements contained herein upon the violation thereof shall in no event be
deemed to be a waiver of the rights to do as to any subsequent violation.
4.04 Variances Declarer may grant variances from the strict application of the provision
of these standards and requirements in cases where by reason of extraordinary and exceptional
conditions of any site or circumstances, strict application of any standard would result in peculiar
and practical difficulties or exceptional or undue hardship upon the Owner or any Building Site,
or where otherwise deemed appropriate by Declarer.
4.05 Severability Invalidation of any of the provisions of these standards and
requirements, whether by court order or otherwise, shall in no way affect any of the other
provisions which shall remain in full force and effect.
4.06 Review In exercising its approval rights under the terms of this Declaration, no
approval shall be unreasonably withheld which is consistent with the specific standards set forth
in this Declaration.
4.07 Amendments The Declaration may be amended prior to initial lot sale by an
instrument in writing executed by the Declarant. Amendments, modifications, alterations to this
\ document after the date of initial lot sold shall be subject to a public hearing of the EDA. 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 this Declaration shall be subordinate to the line of a
first mortgage on any lot and none of the provisions of this Declaration shall supersede or in any
way reduce the security or affect the validity of any such mortgage; provided however, that if
any lot is sold under a foreclosure of any such mortgage, the purchaser and the purchaser's heirs,
successors and assigns, shall own such lot, subject to all of the covenants, conditions and
restrictions of this Declaration.
5.02 Special Events The provisions of this Declaration do not apply to and do not
prohibit periodic, non-permanent business promotions and special sales events conducted on a lot
by the owner or occupant. In no event shall any sign be placed on any lot or parcel of land for a
period to exceed thirty (30) days out of a twelve (12) month period.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and
year first set forth above.
\
j
Andover Station
Commercial Park Covenants
March 20, 2001
- 32-
\
j DECLARANT
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
By By
Chairman Executive Director
STATEOFMINNESOTA)
) ss.
COUNTY OF ANOKA )
On this _ day of ,2001, 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
I
Andover Station
Commercial Park Covenants
March 20, 2001
- 33 -
, .
\ PROPERTY OWNER
/
By
STATEOFMINNESOTA)
) ss.
COUNTY OF ANOKA )
On this _ day of , 2001, 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
I
, /
Andover Station
Commercial Park Covenants
March 20, 2001
- 34-
I ,
, EXHIBIT A
I
LEGAL DESCRIPTION
"
j
/
Andover Station
Commercial Park Covenants
March 20, 200 I
- 35-
t . ,
, EXHIBIT B
j
REGULATING PLAN
\
I
I
Andover Station
Commercial Park Covenants
March 20, 2001
- 36-
, ,
\ EXHIBIT C
J
MATERIALS P ALA TIE
Constructi on M ateri al s/visual-co lor/texture.
Walls: Masonry & Brick
BRICK:
Dark: Adrian - Heartland Series
(Glen-Gery Brick)
Medium: #1 Shelby - Heartland Series
(Glen-Gery)
#2 Belcrest 560A 00-17
(Belden)
Lite: Belcrest 330A 99-16
(Belden)
Corning Donohue Brick St. P.
SPLIT FACE C.B.
\
/ Anchor Block
Lite: Parchment #300
Medium: Majove #287
Dark: Hickory #538
Accent Panels, Focus, Signs
Stucco, EAS or painted - Ref: Stocolor system colors
Windows: Glass - no reflective (mirrored)
ability to see in
Frames - Natural alum. andodized
Bronze alum. Andodized - need samples
,
I
Andover Station
Commercial Park Covenants
March 20, 2001
- 37-
CITY OF ANDOVER
j REQUEST FOR
ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: April 19. 2001
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.2 David L. Carlberg
Andover Station Update Community Development Director
Mike Mulrooney of Advance Resources for Development, Inc. will be giving an update on the
development of Andover Station to the EDA.
,
J
/
CITY OF ANDOVER
REQUEST FOR
\ ECONOMIC DEVELOPMENT AUTHORITY ACTION
j
DATE: April 19.2001
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.3 David L. Carlberg
Discuss Extension/Renewal Community Development Director
Consulting Agreement
Advance Resources for Development, Inc.
The Economic Development Authority (EDA) is requested to discuss the extension/renewal of
the Consulting Agreement between the City of Andover and Advance Resources for
Development, Inc. The EDA officially approved the agreement on April 4, 2000. The
agreement was for one year and expired on April 1, 2001.
I
I CONSUL TING AGREEMENT
THIS AGREEMENT, made as of the 1st day of April, 2000, by and between the
City of Andover, Minnesota (the "City"), a municipal corporation organized and
existing under the laws of the State of Minnesota and Advance Resources for
Development, Inc. (the "Consultant") a Minnesota Corporation.
The City is a municipal corporation and has the power to enter into this
Agreement and carry out its obligations hereunder. The Consultant has the
power to enter into this Agreement and to perform its obligations hereunder and
is not in violation of the laws of the State.
The Consultant has experience in community development and is willing to
provide services to the City based on this experience. The City desires to have
development consulting services provided by the Consultant.
Therefore, the parties agree as follows:
DESCRIPTION OF SERVICES. Beginning on April 1 , 2000 the Consultant will
provide the following services (collectively, the "Services"):
The primary charge of the Consultant is to successfully develop the Andover
Station site. In pursuit of this objective the Consultant will complete the following
/ tasks as outlined in the proposal dated March 14, 2000
. The Consultant will develop a graphic representation illustrating the utilization
of the Andover Station site by function (grocery, restaurant, retail, housing,
public areas etc). The end product of this process will be the
CONSOLIDATED MASTER PLAN for the site.
. The Consultant will create drawings conveying the site's architectural and
streetscape characteristics. The end product of this phase will be
CHARACTER SKETCHES.
. The Consultant will work with City staff to prepare a list of development
standards regulating the quality of the development at the site. The end
product will be a DESIGN AND DEVELOPMENT GUIDE for the Andover
Station site.
. The Consultant will prepare a graphic concept to be used for marketing
materials.
. The Consultant will prepare a Marketing Strategy for the site. Following the
completion of the Marketing Strategy, marketing materials will be prepared
and a marketing program will be implemented to business prospects. The
methods used for marketing the Andover Station Site will be determined by
I the consultant. Costs associated with the printing of any marketing materials
and/or advertising shall be the responsibility of the City. The City will not be
responsible for the costs of any marketing materials or advertising for which
the City has not provided written authorization to the Consultant.
PERFORMANCE OF SERVICES. The Consultant shall determine the manner in
which the Services are to be performed and the specific hours to be worked by
the Consultant. The City will rely on the Consultant to work as many hours as
may be reasonably necessary to fulfill the Consultant's obligations under this
Agreement.
REPORTING. The Consultant will provide a monthly report to the City on
activities undertaken by the Consultant.
COMPENSATION. The Consultant will be compensated for architectural and
design services at the rate of $100 per hour not to exceed $15,000. This fee shall
be payable monthly, no later than the fifteenth day of the month. The Consultant
will also be reimbursed for actual costs associated with "out-of-pocket" expenses
such as travel, copying, marketing materials etc.
The Consultant will be compensated for marketing services through a consulting
fee commission arrangement. The fee to be paid will be 7% of the selling price of
property sold at the Andover Station site. This fee will be due and payable at the
I closing for properties that are sold.
TERM The term of this Agreement shall be for a period of twelve months and will
terminate automatically on April 1, 2001 unless mutually extended in writing by
both parties.
RELATIONSHIP OF PARTIES. The parties understand that the Consultant is an
independent contractor with respect to the City, and not an employee of the City.
The City will not provide fringe benefits, including health insurance benefits, paid
vacation or any other employee benefits for the Consultant.
DISCLOSURE. The Consultant is required to disclose any outside activities or
interests that conflict or may conflict with the best interests of City. Prompt
disclosure is required under this paragraph if the activity or interest is related,
directly or indirectly to any activity that the Consultant may be involved with on
behalf of the City.
EMPLOYEES. The provisions of this Agreement shall also bind the Consultant's
employees who perform services for the City under this Agreement.
)
~ ' NOTICES. All notices required or permitted under this Agreement shall be in
writing and shall be deemed delivered when delivered in person or deposited in
the United States mail, postage prepaid, addressed as follows:
To City:
City Administrator
City of Andover
Andover City Hall
1685 Crosstown Boulevard
Andover, MN 55304
To Consultant:
Advance Resources for Development, Inc.
8960 Springbrook Drive, Suite 230
Minneapolis, MN 55433
Such address may be changed from time to time by either party by providing
written notice to the other in the manner set forth above.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
j parties and there are no other promises or conditions in any other agreement
whether oral or written. This Agreement supersedes any prior written or oral
agreements between the parties.
AMENDMENT. This Agreement may be modified or amended if the amendment
is made in writing and is signed by both parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid
and enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to written, construed, and
enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that
party's right to subsequently enforce and compel strict compliance with every
provision of this Agreement.
j APPLICABLE LAW. The laws of the State of Minnesota shall govern this
Agreement.
City receiving services:
City of Andover
By ~
Consultant providing services:
Advance Resources for Development, Inc.
, ,
.
CITY OF ANDOVER
REQUEST FOR
ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: April 19. 2001
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO.4 David L. Carlberg
Discuss Design ofWDE Site/99-7 Community Development Director
Order Plans and Specifications
.
This item will be presented at the meeting.
/
,
;
~'+""l.j/~~~l. lO: It:l LHW UrrlL~ ~14~ 41H HV~ ~ '(~~~~~~ NO. 047 [;101
.
ARTICLES OF INCORPORATION
OF
ANDOVER STATION OWNERS ASSOCIATION
The undersigned, being of full age, for the purpose of forming a nan-profit
corporation under Chapter 317 of the Minnesota Statutes, as amended, hereby
associate ourselves as a body corporate and adopt these Articles of Incorporation.
ARTICLE I
Name
The name of the corporation shall be the ANDOVER STATION OWNERS
ASSOCIATION. There shall be no corporate seal.
ARTICLE II
Registered Office
The registered office of the ANDOVER STATION OWNERS ASSOCIATION
shall be located at 1685 Crosstown Boulevard NW, Andover, Minnesota 55303.
.
I
ARTICLE III
i
Purpose and Powers of the Association
The purposes of the Andover Station Owners Association are: to provide for
improvement and maintenance of the Common Property located within Anoka County
and to promote the recreation, health. safety and welfare of the residents within
Andover Station.
,
,
To accomplish the foregoing purposes, Andover Station Owners Association,
shall have the following powers:
(a) To exercise all of the powers and privileges and to perform all of the
duties and obligations of the Andover Station Association, as set forth in
that certain Declaration of Covenants, Conditions and Restrictions,
hereinafter called the "Declaratlon", and as the same may be amended I
from time to time as therein provided, said Declaration being I
incorporated herein as if set forth at length;
1
APR 19 2001 16:24 763 421 4213 PAGE. 01
t:..I~/.1.J/.c:::t:J"'.1. .LO;~C LHW ~r!L~ ~.Lq~ 41M HV~ ~ (~~~~~~ NU.~"( Li~':::
~
Ib) To fix, levy, collect and enforce payment by any lawful means, all
charges or assessments pursuant to the terms of the Declaration; to pay
all expenses in connection therewith and all office and other expenses
incident to the conduct of the business of the Andover Station Owners
Association, including all licenses, taxes or governmental charges levied
or imposed against the property of the Andover Station Owners
Association;
(c) To acquire (by gift, purchase or otherwiSe), own, hold, improve, build
upon, operate, maintain, convey, sell, lease, transfer, dedicate for public
use or otherwise dispose of real or personal property in connection with
the affairs of the Andover Station Owners Association.
(d) To borrow money, and with the assent of members holding two-thirds
(2/3) of the votes in each class of voting membership mortgage, pledge,
deed in trust, or hypothecate any or all of its real or personal property as
security for money borrowed or debts incurred;
(e) To dedicate. sell or transfer all or any part of the Common Area of the
Andover Station Owners Association to any public agency, authority, or
utility for such purposes and subject to such conditions as the Andover
Station Owners Association, shall deem appropriate, No such
dedication or transfer shall be effective unless an instrument directing
such dedication. sale or transfer has been signed by members holding
two-thirds (2/3) of the votes in each class of voting membership;
If) To participate in mergers and consolidations with other non-profit
corporations organized for the same purposes or annex additional
residential property and Common Area, provided that any such merger,
consolidation or annexation shall have the assents of members holding
two-thirds (2/3) of the votes in each class of voting membership;
Ig} To have and to exercise any and all powers, rights and privileges which
a corporation organized under the Non-Profit Corporation Law of the
State of Minnesota by law may now or hereafter have or exercise.
ARTICLE IV
No Pecuniary Gain to Members ,
!
Each owner of a Lot which is subject to assessment by the Association shall
be a member a member of the Association. Membership shalf be appurtenant to and
2
,
~PR 19 2001 16:24 763 421 4213 P~GE.02
~HW Urr!~C ~~~~ ~IM HV~ ~ (~~O~~~ l'lU.ta~( "''''~
CJ....... .1~' G:CJt:I.1 J.O..1C
1
,
~!
I
I
! may not be separated from ownership of such Lot.
I
The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners of one or more Lots,
except the Andover Economic Development Authority, (the "Declarant"). Each
Class A member shall be entitled to one vote for each Lot owned by him.
When more than one person own any Lot, all such persons, shall be members.
The vote for such Lot shall be exercised as they among themselves determine,
but in no event shall more Than one vote be case with respect to anyone Lot.
Class B. The Class B members shall be Andover Economic Development
Authority, its successors and assigns, the Declarant. The Class B members
shall be entitled to three votes for each Lot owned by them which is shown on
a development plan which has been approved by the City of Andover and
shown on Plat or Plats subject to the Declaration. Upon completion of the
purchase of a Lot from Declarant and construction of a building thereon, the
owner of such lot shall be entitled to vote as a Class A member and the Class
8 members shall no longer be entitled to any votes with respect to that Lot.
The Class B member shall cease when Class A memberships on each
Lot have been established for all property now and hereafter subject to the
Declaration.
ARTICLE V
Board of Directors
The affairs of the Andover Station Owners Association shall be managed by a
Board of Directors. The number of directors shall be prescribed in the Bylaws of the
Andover Station Association. The initial Board of Directors shall consist of nine 19)
directors, each of whom shall continue in office until the first meeting of the
members and until his successor is eJected and qualified. The names and addresses
of the members of the first Board of Directors are as follows:
Michael R. Garnache '685 Crosstown Boulevard NW
Andover, Minnesota 55304
Don Jacobson 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
,
!
Julie Trude 1685 Crosstown BOulevard NW
Andover, Minnesota 55304
3
APR 19 2001 16:25 763 421 4213 PAGE. 03
~.." .L-I'c..UIt.J.L .LO..LD LHW UI,!~~ ~i~~ ~IM HVC ~ (~~~~,~ NU.\j4? [;I\j4
,
Mike Knight 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Ken Ornel 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Fred Larson 1\1 1685 Crosstown Boulevard NW
Andover, MInnesota 55304
Robert Nowak 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Edward F. Schultz 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
Terri Hokanson 1685 Crosstown Boulevard NW
Andover, Minnesota 55304
ARTICLE VI
Dissolution
The Association may be dissolved with the assent given in writing and signed
by members holding not less than two-thirds (213) of the votes in each class of voting
membership. Upon dissolution of the Association, other than incident to a merger or
consolidation, the assets of the Association shall be dedicated to an appropriate
public agency to be used for purposes similar to those for which this Association is
created. In the event that such dedication is refused acceptance, such assets shall
be granted. conveyed and assigned to any nonprofit corporation, association, trust
and assigned to any nonprofit corporation, association, trust, or other organization to
be devoted to such similar purposes.
ARTICLE VII
Duration
The duration of the Andover Station Owners Association shall be perpetual.
4
APR 19 2001 16:25 763 421 4213 PAGE. 04
~,"+I'J.':J/.c::::"-ll:::.JJ. J.o;t:J.l LHW Ut-t-Il...t: '<:~4'" 41H HVt: -. 1::>::>t:l':l'<:') NU.104b l,IlO.:S
,
I
!
I
I
ARTICLE VIII
Incorporators
The following person constitutes the incorporator who is forming the Andover
Station Owners Association:
,
William G. Hawkins 2140 Fourth Avenue North
Anoka, Minnesota 55303
ARTICLE IX
Capital Stock.
The Andover Station Owners Association shall have no capital stock.
ARTICLE X
Personal Liabilitv of Members
The members of the Andover Station Owners Association shall have no liability
for Obligations of Andover Station Owners Association.
ARTICLE XI
Amendments
These Articles of Incorporation may be amended. at a regular or special
meeting of the members. by a vote of members holding not less than two-thirds (2/3)
of the votes in each class of voting membership, present in person or by proxy.
IN WITNESS WHEREOF, the undersigned has executed these Articles of
Incorporation this day of ,2001.
,
.
6
RPR 19 2001 16:11 763 421 4213 PAGE. 03
IIJ~' ... -" 4:.1t.I1t.I,. .LOot:JJ. ~MW Urr!~C ,~~~ ~ln HV~ ~ (~~O~C~ NU.l::I4b [,ll::l4
I
STATE OF MINNESOTA )
)55.
COUNTY OF ANOKA )
On this _ day of , 2001, before me, a Notary Public
within and for said County, personallv appeared
, to me known to be the person described
in and who executed the foregoing instrument and aCknowledged that he executed
the same as his free act and deed.
Notary Public
I
,
I
I
!
,
I
I
"
,
6
APR 192001 16:11 763 421 4213 PAGE. 04
. 10'1/1 ':;1/ ~IOI01 1b:I01 LHW UJ-J-IC~ d410 4JH HV~ ~ '(:>:>l;j':;l~~ NU.104b VIO::l
.
BY-LAWS
OF
ANDOVER STATION OWNERS ASSOCIATION
ARTICLE I
NAME AND LOCATION
The name of the corporation is the ANDOVER STATION OWNERS
ASSOCIATION hereinafter referred to as the "Association." The principal office of
the corporation shall be . located at 1685 Crosstown Boulevard NW, Andover,
Minnesota 55304, but meeting and members and directors may be held at such
places within the State of Minnesota, County of Anoka. as may be designated by I
,
,
the Board of Directors.
ARTICLE II
DEFINITIONS
Section 1. ,"Association" shall mean and refer to the ANDOVER STATION
OWNERS ASSOCIATION, its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property
described in the Declaration of Covenants, Conditions and Restrictions, and such
additions thereto as may hereafter be brought within the jurisdiction of the
Association.
Section 3. "lot" shall mean and refer to any plat of land shown upon any
recorded subdivision map of the propenies. I
Section 4. "Owner" shall mean and refer to the record owner, whether one
,
APR 19 2001 16:11 763 421 4213 PAGE. 05
~ ~'+/ ~ 'j/ ~1Ql:::J~ !o:lO! LHW UI"'I"'I\..t:: ~!4lO 41H HVt:: ~ .(:':'l:l':l~~ NU.l::l4b t.'l::lb
i
or more persons or entities, of the fee simple title to any Lot which is a part of the ,
properties, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation.
Section 5. "Declarant" shall mean and refer to the Andover Economic
Development Authority, a body corporate and politic, its successors or assigns.
Section 6. "Declaration" shall mean and refer to the Declaration of
Covenants, Conditions and Restrictions applicable to the properties recorded in the
office of the County Recorder for Anolca County, Minnesota, as Andover Station.
Section 7. "Members" shall mean and refer to those persons entitled to
membership as provided in the Declaration. ,
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the members shall
be held within one year from the date of incorporation of the Association, and each
subsequent regular annual meeting of the members shall be held on the same day
of the same month thereafter, at the hour of 7:00 o'clock P.M. If the day for the
annual meeting is a legal holiday, the meeting will be held at the same hour on the
first day following which is not a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be
called at any time by the PreSident or by the Board of Directors, or upon written
request of the members who are entitled to vote ~ of all votes of the membership. I
I
I
Section 3. Notice of Meetings. Written notice of each meeting of the i
i
I
I
I
2
APR 19 2001 16:11 763 421 4213 PAGE. 06
. 1::J"'/!':1/~I::JI::J! lb:l::Jl LHW Ut-t-IL~ '::14~ 41H HV~ ~ '(:>:>l::l'::f.::.:s NO. 046 [;107
i
members shall be given by, or at the director of, the secretary or person authorized
to call the meeting, by mailing a copy of such notice, postage prepaid, at least
fifteen (151 days before such meeting to each member entitled to vote thereat,
addressed to the member's address last appearing on the books of the ASSDciation,
or supplied by such member to the ~ssociation for the purpose of notice. Such
nDtice shall specify the place, day, and hour of the meeting, and, in the case of a
special meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to
cast or proxies entitled to case, twenty.five (25%) percent of the votes of the
members shall constitute a quorum from any action unless otherwise provided in
the Articles of Incorporation, the Declarations, Dr these By-laws. If, however,
such Quorum shall not be present or represented at any meeting, the members
I
present and entitled to vote shall have power to adjourn the meeting from time to i
time, without notice other than announcement at the meeting, until a Quorum as
aforesaid shall be present or represented.
Section 5. Proxies. At all meetings of members, each member may vote in
person or by proxy. All prOXies shall be in writing and filed with the Secretary.
Every proxy shall be revocable and shall automatically cease upon conveyance by
the member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number. The affairs of this Association shall be managed by a
3
APR 19 2001 16:12 763 421 4213 PAGF.Vl?
eJ....' J.=u~t:J~J. J.C;~.L L...HW Ur- r- l....t:. .:: l<ll::l <I I H HVt:. -7 . (:>:>t:l';:j.::~ NO. 046 Gl08
Board of seven (7) Directors, who need not be members of the Association.
Section 2. Term of Office. At the first annual meeting the members shall
elect four (4) directors for a term of one (1) year, five (5) directors for a term of
three (31 years; and at such annual meeting thereafter the members shall elect nine
(9) directors for term of three (3) years.
Section 3. Removal. Any Director may be removed from the Board, with or
without cause, by a majority vote of the members of the Association. In the event
of death, resignation or removal of a director. a successor shall be selected by the
remaining members of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation. No director shall receive compensation for any
service the director may render to the Association. However, any director may be
.relmbursed for actual expenses incurred in the performance of duties.
Section 5. Action Taken Without a Meeting. The Directors shall have the
right to take any action in the absence of a meeting which they could take a
meeting by obtaining the written approval of all the. Directors. Any action so
approved shall have the same effect as though taken at a meeting of the Directors.
ARTICLE V
,
I NOMINATION AND ELECTION OF DIRECTORS
I
I
Section 1. Nomination for election to the Board of Directors shall be made
I
I by a Nominating Committee. Nominations may also be made from the floor at the
I annual meeting. The Nominating Committee shall consist of a chairman, who shall
,
I
4
RPR 19 2001 16:12 763 421 4213 PRGE.08
t::J"+l'l.jl'':::''''~l. lb'l:)! LHW UI"'I'" I Ll: ~14~ 41 H HVl: -+ '(:>:>l:;j=,~~ NO. 046 Gl09
be a member of the Board of Directors, and two or more members of the !
Association. The Nominating Committee shall be appointed by the Board of
Directors prior to each annual meeting of the members to serve from the close of
such annual meeting until the close of the next annual meeting and such
appointments shall be announced at each annual meeting. The Nominating
Committee shall make as many nominations for election to the Board of Directors
as it shall in its discretion determine, but not less than the number of vacancies
that are to be filled. Such nominations may be made from among members or
nonmembers.
Section 2, Election. Election to the Board of Directors shall be by secret
written ballot. At such election the members or their proxies may cast, in respect I
I
to each vacancy, as many votes as they are entitled to exercise under the
prOvisions of the Declaration. The persons receiving the largest number of votes
shall be elected. Cumulative voting is not permitted.
ARTICLE VI
MEETING OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors
shall be held monthly without notice, at such place and hour as may be fixed from
time to time by resolution of the Board. Should said meeting fall upon a legal
holiday, then that meeting should be held at the same time on the next day which
is not a legal holiday. .
Section 2. Special Meetings. Special meetings of the Board of Directors
5
I
APR 19 2001 16:12 763 421 4213 PAGE. 09
~4/1=1/''::I,n::Jl lb:l:::Jl LHW UrrlCc ~14~ 41H HVc 7 '(~~~~~~ NU.~4b [,Illl
I
I
shall be held when called by the President of the Association, or by any two
directors, after not less than three days notice to each .director.
Section 3. Quorum. A majority of the number of directors shall constitute a
quorum for the transaction of business. Every act or decision done or made by a
majority of the directors present at a duly held meeting or which a Quorum is
present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUITES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) Adopt and publish rules and regulations governing the use of the
Common Area and the maintenance thereof.
(b) Levy assessments as more fully set forth in Article XI of these By-
laws and in the Declarations, for the maintenance, repair and
insurability of the Common Area;
!
{e) Exercise for the Association all powers, duties and authority vested in
or delegated to this Association and not reserved to the membership
by other provisions of these By-Laws, the Articles of Incorporation, or
the Declaration;
(d) Declare the office of a member of the Board of Directors to be vacant
, in the event such member shall be absent from three consecutive
I regular meetings of the Board of Directors;
I
i
I (e) Employ a groundskeeper, an Independent contractor. or such others as
the Board deems necessary, to insure the continued maintenance of
, the Common Area; and
(fl Obtain liability insurance for the Common Area in an amount deemed
appropriate by the Board.
Section 2. Duties. It shall be the duty of the Board of Directors to:
\
6
APR 19 2001 16:12 763 421 4213 PAGE. 10
lQ4/..L":1/~l:::Jl:::l..L lb:l::Jl LHW Ut-t-ILlo ~14l::J 4/H HVlo -t '(::J::Jt:r:l~..:s NO.12l46 Glll
(a) Cause to be kept a complete record of all its acts and corporate affairs
and to present a statement thereof to the members at the annual
meeting of the members. or at any special meeting when such
statement is requested in writing by a V. of the members who are
entitled to vote;
ChI Supervise all offices, agents and employees of the Association and to
see that thelr duties are properly performed;
(e) As more fully provided in the Declaration. to:
(1) Fix the amount of the annual assessment against each Jot at
least thirty (3)) days in advance of each annual assessment;
(2) Send written notice of each assessment to every owner subject
thereto at least thirty (30) days in advance of each annual
assessment; and
(3) Foreclose the lien against any property for which assessments
are not paid within thirty (30) days after due date or to bring an
action at law against the owner personally obligated to pay the
same.
(dl Issue or to cause an appropriate office to issue, upon demand by any
person, a certificate setting forth whether or not any assessment has
been paid. A reasonable charge may be made by the Board for the
issuance of these certificates. If a certificate states an assessment
has been paid, such certificate shall be conclusive evidence of such
payment;
(e) Procure and maintain adequate liability and hazard insurance on the
Common Area;
(f) Cause all officers or employees having fiscal responsibilities to be
bonded, as the Board may deem appropriate.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices. The officer of this Association shall be a
president and vice-president, who shall at all times be members of the Board of
7
RPR 19 2001 16:13 763 421 4213 PAGE. 11
I::Jq/l'::l/~l::Jl::Jl lb:l::Jl LHW UrrlL~ ~14~ 41H HV~ ~ '(~~~'::I~~ NU.~4b !,ll~
Directors, a secretary, and a treasurer, and such other officers as the Board may
from time to time bv resolution create.
Section 2, Election of Officers. The election of officers shall take place at
the first meeting of the Board of Directors following each annual meeting of the
members.
Section 3. Term. The officers 01 this Association shall be elected annually
by the Board and each shall hold office for one (1) year unless he shall sooner
,
resign, or shall be removed. or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers
as the affairs of the Association may require, each of whom shall hold office for
such period, have such authority, and perform such duties as the Board may, from
time to time. determine.
Section 5. Resignation and Removal. Any officer may be removed from
office with or without cause by the Board. Any officer may resign at any time
giving written notice to the Board, the president or the secretary. Such resignation
"
shall take effect on the date of receipt of such notice or at any later time specified I
therein, and unless otherwise specified therein, the acceptance of such resignation I
I
shall not be necessary to malee it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment
by the Board. The officer appointed to such vacancy shall serve for the remainder
of the term of the offIcer he replaces.
Section 7. Multiple Offices. The offices of secretary and treasurer may be i
I
i
i
B
APR 19 2001 16:13 763 421 4213 PAGE. 12
t:J'f./l.":J/C:lal:::ll lb: ~Jl LHW U~~ICE 2140 4TH AVE ~ 7558823 NO. 045 GJ13
I
I
I
I
i
held by the same person. No person shall simultaneously hold more than one of I
,
any of the other offices except in the case of special offices created pursuant to
Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
.
President
la) The president shall preside at all meetings of the Board of Directors;
shall see that orders and resolutions of the Board are carried out; shall sign all
leases, mortgages, deeds and other written instruments and Shall co.sign all checks
,
and promissory notes. I
Vice-President
(b} The vice-president shall act in the place and stead of the president in
the event of his absence, inability, or refusal to act, and shall exercise and
discharge such other duties as may be required of him by the Board.
Secretary
Ie) The secretary shall record the votes and keep the minutes of all
meetings and proceedings of the board and of the members; keep the corporate
seal of the Association and affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the members; keep appropriate current record
Showing the members of the Association together with their addresses, and shall
perform such other duties as required by the Board.
Treasurer
(dl The treasurer shall receive and deposit in appropriate banlc accounts all
,
!
. i
,
9
APR 19 2001 16:13 763 421 4213 PAGE. 13
. 04/19/2001 16:01 LAW OFFICE 2140 4TH AVE ~ 7558923 NO. 046 [;114
I
monies of the Association and shall disburse such funds as directed by resolution I
!
of the Board of Directors; shall sign all checks and promissory notes of the
Association; keep proper books of account; cause an annual audit of the
Association books to be made by e public accountant at the completion of each
fiscal year; and shall prepare an annual budget and a statement of income and
expenditures to be presented to the membershIp at Its regular annual meeting, and
deliver a copy of each to the members.
ARTICLE IX
COMMITTEES
The Association shall appoint a Nominating Committee. as provided in these
By-laws. In addition the Board of Directors shall appoint other committees as
deemed appropriate in carrying out its purpose.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times. during
reasonable business hours, be subject to inspection by any member. The
Declaration, the Articles of Incorporation and the By-Laws of the Assodation shall
be available for inspection by any member at the principal office of the Association,
where copies may be purchased at reasonable cost.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay
10
,
APR 19 2001 16:13 763 421 4213 PAGE. 14
1::J4/1~/.<<:J\:l1 16:01 LRW OFFICE 2140 4TH RVE ~ 7558923 NO. 046 [;115
to the Association annual and special assessments which are secured bV a
continuing lien upon the property against which the assessment is made. Any
assessments which are not paid when due shall be delinquent. If the assessment is
not paid within thirty 130) days after the due date, the assessment shall bear
interest from the date of delinquency at the rate of six (6%) percent per annum or
the maximum allowable by law, whIchever is greater, and the Association may
bring an action at law against the owner personally obligated to pay the same or
foreclose the lien against the property, and interest, costs, and reasonable attorney
fees of any such action shall be added to the amount of such assessment. No
owner may waiver or otherwise escape liability for the assessments provided for
herein abandonment of his Lot.
ARTICLE XII
AMENDMENTS !
Section 1. These By-Laws may be amended, at a regular or special meeting
of the members, by a vote of a majority of a quorum of members present in person
or by proxV.
Section 2. In the case of any conflict between the Articles of Incorporation
and these By-Laws, the Articles shall control, and in the case of any conflict
between the Declaration and these By-Laws, the Declaration shall control.
ARTICLE XIII
MISCELLANEOUS
i
The fiscal year of the Association shall begin on the first day of January and
11
I
1
APR 19 2001 16:13 763 421 4213 PAGE. IS
1::)4/1'='/0::1::)1::)1 1b:1::l1 LHW UI-I-ILl:: 0::141::l 41 H HVl:: ~ '(;:);:)t:j':jo::.3 NU.1::l4b [,lIb
end on the 31 ft day of December of every year, except that the first fiscal year
shall begin on the date of incorporation.
IN WITNESS WHEREOF, we being all of the directors of the ANDOVER
ST A TJON OWNERS ASSOCIATION have hereunto set our hands this day of
,2001.
Michael R. Gamache
Don Jacobson
Julie Trude
Mike Knight
Ken OrUel I
I
Fred Larson III
Robert Nowak
Edward F. Schulte
Terri Hokanson
STATE OF MINNESOTA )
) 55.
12
APR 19 2001 16:14 763 421 4213 PAGE. 16
. ~4/1':l/~001 16:01 LRW OFFICE ~14~ 41H HV~ ~ '(~~~~S NU.~4b Ll1'(
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2001, by Michael R. Gamache, Don Jacobson, Julie Truda,
Mike Knight. Ken Ort1eI, Fred Larson III, Edward F. Schulte. Terri Hokanson and
Robert Nowak of the ANDOVER STATION OWNERS ASSOCIATION. a Minnesota
corporation, on behalf of the corporation.
Notary Public
13
APR 19 2001 16:14 763 421 4213 PAGE. 17
LHW ur~IL~ d14~ 41H HV~ ~ 7558923 NO. 045 Gl18
lQ'V 1. ";J/ O:::::~IO 1. Ib:~l
-
CERFICIA TJON
I, the undersigned, do hereby cenify:
THAT, I am duly elected and acting secretary of the ANDOVER STATION
OWNER ASSOCIATION, a Minnesota corporation, and,
THAT the forgoing Bv-Laws constitute the original By-Laws of said
I Association, as duly adopted at a meeting of the Board of Directors thereof, held
I on the day of ,2001.
IN WITNESS WHEREOF, I have hereunto subscribed my name on behalf of
said Association this day of ,2001.
Secretary
I
I
14
763 421 4213 PAGE. 18
APR 19 2001 16:14
~.
CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: April 19, 2001
AGENDA SECTION ORIGINATING DEPARTMENT
ADD ON - Discussion Community Development
ITEM NO. David L. Carlberg
Approve Resolution Amending the Community Development Director
By-laws of the EDA
The Economic Development Authority (EDA) is requested to approve the resolution amending
the bylaws of the EDA. Said amendment expands the EDA from a seven-member body to a
nine-member body. The EDA directed staff to prepare the necessary documents to expand the
size of the EDA at the February 22,2001 meeting.
.
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. EDA - -01
A RESOLUTION AMENDING THE BYLAWS OF THE ANDOVER
ECONOMIC DEVELOPMENT 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 seven nine member Board shall consist I
of foor-five 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 foor- five Commissioners. Resolutions may I
but need not be read aloud prior to vote taken thereof.
Adopted by the Economic Development Authority of the City of Andover
on this 19th day of April . 2001.
CITY OF ANDOVER
ATTEST Michael R Gamache, President
Don Jacobson, Secretary
CITY OF ANDOVER
REQUEST FOR ECONOMIC DEVELOPMENT AUTHORITY ACTION
DATE: April 19, 2001
AGENDA SECTION ORIGINATING DEPARTMENT
ADD ON - Discussion Community Development
ITEM NO. David l. Carlberg
Appoint New EDA Members Community Development Director
The Economic Development Authority (EDA) is requested to appoint Fred Larson III and
Edward F. Schultz to the EDA. The EDA at the February 22, 2001 meeting, appointed both Fred
and Edward as "alternates" until the By-laws were amended to expand the EDA. TheEDA with
the amending of the By-laws tonight can now appoint them to the EDA.