HomeMy WebLinkAboutEDA September 5, 2006
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
September 5, 2006
6:00 p.m.
Conference Rooms A & B
AGENDA
1. Call to Order - 6:00 p.m.
2. Approval of Minutes (8/15/06 Regular Mtg.)
3. Review Purchase Agreement / Tracy Sonterre
4. Letter ofIntent / Office Building Proposal
5. Letter ofIntent / Funeral Home Proposal (Continued)
6. Update on Economic Development Activities
7. Other Business
8. Adjourn
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
September 5, 2006
6:00 p.m.
Conference Rooms A & B
AGENDA
1. Call to Order - 6:00 p,m.
2. Approval of Minutes (8/15/06 Regular Mtg.)
3. Review Purchase Agreement / Tracy Sonterre
4. Letter of Intent / Office Building Proposal
5. Letter ofIntent / Funeral Home Proposal (Continued)
6. Update on Economic Development Activities
7. Other Business
8. Adjourn
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 .' (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
TO: Economic Development Authority
CC: Jim Dickinson, Executive Director
FROM: Vicki Volk, City Clerk
SUBJECT: Approval of Minutes
DATE: September 5, 2006
INTRODUCTION
The following minutes were provided by Staff for approval by the EDA:
August 15,2006
Regular Meeting
The following minutes were provided by TimeSaver for approval by the EDA:
August 15,2006
Regular Meeting, Cont.
DISCUSSION
Attached are copies of the minutes for your review.
ACTION REOUIRED
The EDA is requested to approve the above minutes.
Respectfully submitted,
U- drib
Vicki V olk
City Clerk
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING
AUGUST 15,2006 - MINUTES
A meeting of the Andover Economic Development Authority was called to order by
President Mike Gamache at 6:00 p.m., Tuesday, August 15,2006 at the Andover City
Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commisisoners Present:
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude,
Joyce Twistol, Robert Nowak
Edward Schultz, Advisor to the EDA
Jim Dickinson, Executive Director
Will Neumeister, Community Development Director
Dave Berkowitz, City Engineer
Others
Commissioners Absent:
Also Present:
AGENDA APPROVAL
Add to agenda: Monument Signs at Andover Station North and the Resource Guide.
Table Item 8, Review Proposed Signs at Andover Station.
APPROVAL OF MINUTES-JULY 18.2006
Page 4, fIrst paragraph should be $100,000, not $158,000.
Motion by Knight, seconded by Jacobson to approve the minutes of July 18, 2006 as
amended. Motion carried.
PURCHASE AGREEMENT (MICHAEL CASEY)
Motion by Trude, seconded by Jacobson to move the refund.
Mike Casey thanked the EDA, Will Neumeister and Jim Dickinson for the opportunity he
had. He spoke to B&B Carpet and tried to get them to come to Andover, but it was not in
their plan.
Commissioner Trude thought we could still see something like Mr. Casey's proposal
come to Andover.
Motion carried unanimously.
Economic Development Authority Meeting
August 15, 2006 - Minutes
Page 2
DISCUSS ANDOVER STATION LIST OF ALLOWABLE USES. CONT.
Mr. Newneister explained that there is a request for a modification to the allowable uses
list to include funeral home and crematoriwn. At the June EDA meeting there was
discussion whether the site they have asked for would be better for a larger office
complex and staffwas directed to contact Great River Energy to see if that property was
an option. Great River has indicated that they do not wish to sell any property at this
time.
President Gamache asked if the change to the allowable uses list is only for Andover
Station North. Mr. Neumeister replied that it is.
Commissioner Trude stated that she spoke to Greg Schlink of Bruggeman Homes. The
plan for this area was for commercial, retail and a restaurant. If you change your vision
and the list, you can change the outcome. Commissioner Trude stated she asked Mike
Mulrooney if a funeral home would deter us from getting a restaurant and he said yes.
President Gamache asked ifhe has an explanation as to why it would be a deterrent.
Commissioner Trude noted that it's just the image.
Commissioner Jacobson felt that if we're going to have a funeral home, this is the place
for it. Bruggeman isn't really against it as long as there is not huge signage. This is the
last spot in the city for a funeral home. Commissioner Trude stated there is no other
place in the city for a restaurant.
Commissioner Orttel asked what happened to the idea of putting it in the northeast comer
of Andover Station North. Mr. Newneister stated he spoke to Mr. Karasch and he was
not interested in that site. He wanted the exposure of Jay Street.
Commissioner Knight explained that information from the public indicates they want a
decent sit-down restaurant. He would hesitate to jeopardize that.
Commissoner Twistol felt that the EDA is hung up on the word crematoriwn. In other
cities they are called cremation services. She likes the building and would like to see a
funeral home in the city where she lives.
Commissioner Nowak noted that in Brooklyn Park there is a funeral home as well as
restaurants nearby.
Mr. Dickinson noted that Andover Station North isn't the only location for a restaurant.
Others include Clocktower Commons, the Fairbanks property and Andover Station
South. The Fairbanks property is however, fairly full. Mr. Newneister explained that the
site north of the bank is not the first choice of any restaurant people. He has talked to
Economic Development Authority Meeting
August 15,2006 - Minutes
Page 3
restaurant people and they don't want to be behind another building; they want the
frontage on Bunker Lake Boulevard.
President Gamache stated that his concern is marketing and if we should start marketing
the site on Jay and Hanson for a restaurant. He asked if we change the list of allowable
uses to include a funeral home and crematorium, do we have to allow it? Mr. Dickinson
stated it just says it's an allowable use.
Mr. Karasch explained how many funeral homes are located near restaurants.
Commissioner Knight stated that one of the reasons we are not getting a restaurant is
because we don't have the daytime trade.
Motion by Jacobson, seconded by Twistol to add to the list of allowable uses a funeral
home and crematorium.
It was noted that the funeral home would be an allowable use but the crematorium would
require a Conditional Use Permit.
Vote on Motion: Yes - Twistol, Nowak, Jacobson, Orttel, Knight; No - Gamache,
Trude. Motion carries.
LETTER OF INTENT - REVIEW FUNERAL HOME PROPOSAL, CONT.
Commissioner Jacobson noted that Page 10 deals with confidentiality and he asked if we
can keep this in confidence if we are a public body. Mr. Dickinson stated that the
confidentiality clause is a standard item in most letters of intent.
Mr. Karasch explained that if the purchaser can't get this site, he has another opportunity
to pursue.
Commissioner Trude stated there is a vacant site on Round Lake Boulevard north of
Tasty Pizza that might work.. Mr. Neumeister noted that a funeral home would not be
allowed at that site.
Motion by Jacobson, seconded by Nowak that we accept the proposal for Lot 2, Block 3,
Andover Station North.
Vote on Motion: Yes - Twistol, Nowak, Jacobson; No - Knight, Gamache, Orttel,
Trude. Motion fails.
Economic Development Authority Meeting
August 15,2006 - Minutes
Page 4
Motion by Gamache, seconded by Trude to recess the EDA meeting for not less than one
hour. Motion carried. Meeting recessed at 7:00 pm.
Respectfully submitted,
Vicki V olk
City Clerk
ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING, CONTINUED
AUGUST 15,2006 - MINUTES
The EDA reconvened at 8:36 p.m.
LETTER OF INTENT - REVIEW DAY CARE PROPOSAL (TRACY SONTERRE)
Community Development Director Neumeister stated a Letter of Intent has been submitted for
approximately the south half of the parcel located northeast of Bruggeman Townhomes along Jay
Street. StafIis of the opinion that this is a strong proposal as it provides a transition to the
townhomes and will have a residential look to the building.
Commissioner Trude asked if there is a better way to place a cross easement rather than next to
the pond. She asked if it will be done nice and not just concrete up to the edge. Mr. Berkowitz
stated this is a mitigated wetland area and the pond is further over than it looks.
Commissioner Orttel asked if there will be posts or something for safety of driving. Mr.
Berkowitz indicated the wetland does not have that much water in it.
Commissioner Jacobson asked if the property owner will be paying entirely for the driveway.
Mr. Neumeister stated as they work on another parcel, if they are making improvements to an
evasive property that the EDA still owns, they may be putting that improvement into the ground
just to make it work for the potential buyer. Commissioner Orttel asked if they will be charging
for it. Mr. Neumeister indicated it will be charged for later because it will be something they will
benefit by. Commissioner Jacobson stated the daycare will be using the driveway also and will
have a cross access and he wondered if this is included in the cost. Mr. Neumeister stated it is.
Motion by Jacobson, Seconded by Knight, to approve the letter of intent for Tracy Sonterre for the
Day Care Center.
Commissioner Orttel asked if they will be assessed for the driveway or ifit is included in the cost of
the property. Mr. Neumeister stated it is included.
Motion carried unanimously.
REVIEW BASEBALL ASSOCIATION'S BUILDING PROPOSAL
City Engineer Berkowitz explained a representative of the Andover Baseball Association will be
present at the meeting to present the attached plans for a new service building that they would
like to build this Fall at Andover Station North.
Andover Economic Development Authority Meeting
Minutes - August 15, 2006
Page 2
Mr. Joe Dietz of the Andover Baseball Association expressed his concern to the Commission
over the Hockey Association dominating most of the gambling sites in Andover.
Mr. Dietz presented a model of the proposed building and made a presentation to the
Commission.
Mr. Dietz noted he did not know how they will get the building done without having an
establishment to accommodate their lawful gambling.
Motion by Jacobson, Seconded by Orttel, to approve the building proposal. Motion carried
unanimously.
REVIEW PROPOSED MONUMENT SIGN AT ANDOVER STATION NORTH
Community Development Director Neumeister stated staff has begun looking at various options
related to construction Area Identification Signs for Andover Station North.
Commissioner Knight asked if they will be paying for the full price of the sign. Mr. Neumeister
stated they will because they need to get the advertising out for the businesses within the
development.
Mr. Dickinson indicated that signage is extremely important. They are trying to identifY the area
and businesses and it is important for a business to be successful in any community.
Commissioner Jacobson asked if there will be two signs. Mr. Neumeister stated there will be
one at each end of the development. Commissioner Jacobson stated he did not see a problem
with this except that in Andover Station South everyone wants their own sign and he did not
want that to happen.
President Gamache asked what the total cost of the signs will be. Mr. Neumeister stated it will
be $60,000, $30,000 for each sign.
President Gamache indicated he likes option one. Mr. Neumeister stated they could get more
designs and costs for other ideas.
UPDATE ON ECONOMIC DEVELOPMENT ACTIVITIES
Community Development Director Neumeister updated the Commission on EDA activities in the
City.
Andover Economic Development Authority Meeting
Minutes - August 15, 2006
Page 3
ANOKA AREA CHAMBER OF COMMERCE
Community Development Director Neumeister stated staff has begun to prepare the "Spotlight"
Article and photographs for the Resource Guide.
Mr. Neumeister reviewed the information with the Commission.
Commissioner Jacobson thought it will be more readable to show photos with captions under
them instead of a full page of text. He thought this will be more visually appealing.
Commissioner Jacobson thought the photos should have people in them and they should focus on
the natural features of the City.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 9:20 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
CC: Jim Dickinson, Executive Directo
FROM: Will Neumeister, Community Development Directortif~
SUBJECT: Review Purchase Agreement / Tracy Sonterre
DATE: September 5, 2006
INTRODUCTION
The attached purchase agreement was prepared by the City Attorney, Bill Hawkins, and has been reviewed
by Tracy Sonterre for accuracy and details that follow the original letter of intent that was submitted and
approved by the EDA on August 15,2006.
DISCUSSION
The EDA needs to review the document and if it is acceptable make a motion to approve.
The original proposal for a day care center provides a transition to the townhomes and will have a
residential look to the building. You will recall the site drawing indicates that the day care center would be
approximately 8,000 square feet in size. The owner sees the need for this type of facility in the area
because of the large youth population in Andover, the nearby schools and ballfields. The site would lend
itself to having a day care center with adequate parking to meet the City's day care center requirements and
allow a use to occupy about half of a site that once was conceived as having all offices. The day care use
would still enable about 9,000 square feet of office to be built on the remainder of the site.
ACTION REOUIRED
The EDA is asked to review the purchase agreement and if it is acceptable make a motion to approve the
purchase agreement to sell the south half of Lot 24, Parkside at Andover Station to Tracy Sonterre for a
children's day care facility.
Respectfully submi~e?, /
Will Neumeister ~
Attachments
Purchase Agreement
Letter ofIntent from August 15,2006
Plat Drawing of Area
Site Drawing
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on
, 2006, by and between Andover Economic Development
Authority, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover,
Minnesota, Seller and JMZ Property Management, LLC, a Minnesota limited
liability company, Buyer.
2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller
agrees to sell real property legally described as follows:
The South Half of Lot 24, Block 1, Parkside at Andover Station, Anoka County,
Minnesota ("Property"). .
3. PURCHASE OF LOT WITH BUILDING OR VACANT LOT. (Check
paragraph that pertains.)
A. Buyer is purchasing the lot with an existing building.
x
B.
Buyer is purchasing a vacant lot.
4. PRICE AND TERMS. The price for the real property included in
this sale: One Hundred Seventy One Thousand Four Hundred Seventeen and
no/100 Dollars ($171,417.00) which Buyer shall pay as follows: Earnest money
of Five Thousand and no/100 Dollars ($5,000.00) by check, receipt of which is
hereby acknowledged, and One Hundr~d Sixty Six Thousand Four Hundred
Seventeen and no/100 Dollars ($166,417.00) cash on or before March 1,2007
DATE OF CLOSING.
The purchase price is based on a site estimated to be 42,854 square feet
of gross area. The price herein represents a net per square foot price of $4.00
($3.64 per square foot for assessments, property, water connection fees, and
$0.36 per square foot for park dedication fees). After the survey of the property
is completed by the AEDA as required in paragraph 8 herein and the actual gross
square footage of the site is known, the price shall be adjusted to reflect the
change in land area based upon the square foot price set out in this paragraph.
5. CONTINGENCIES. Buyer's obligations under this Purchase
Agreement are contingent upon the following:
(a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to
conduct investigations and testing and Buyer shall be completely satisfied with
the environmental and soil conditions of the Property.
(b) Buyer shall have obtained all zoning, land use, signage, watershed,
environmental and other governmental approvals and permits Buyer shall deem
necessary to use the Property in the manner contemplated by Buyer, including,
without limitation, a full building permit for a building conforming to Seller's design
2
standards which Buyer determines can be built for a price acceptable to Buyer, in
Buyer's sole discretion.
(c) Buyer shall have determined that the roads, utilities, points of access and
other infrastructure serving the Property will be adequate for Buyer's purposes.
In the event any of the above contingencies have not been satisfied or waived by
Buyer on or before the date of closing, this Agreement shall be voidable at the
option of the Buyer.
6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller
shall execute and deliver a Warranty Deed conveying marketable title, subject to:
A. Building and zoning laws, ordinances, state and federal
regulations;
B. Restrictions relating to use or improvement of the property
without effective forfeiture provisions;
C. Reservation of any mineral rights by the State of Minnesota;
D. Utility and drainage easements which do not interfere with
existing improvements.
E. Declaration of Covenants filed by the Andover Economic
Development Authority.
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real
estate taxes due and payable in and for the year of closing shall be prorated
between Seller and Buyer on a calendar year basis to the actual DATE OF
CLOSING.
SELLER SHALL PAY on DATE OF CLOSING all special
assessments for street, storm sewer, sanitary sewer, water main and water area.
charges levied as of the date of closing.
BUYER SHALL PAY real estate taxes due and payable in the year
following closing and thereafter and any unpaid special assessments payable
therewith and thereafter. Seller makes no representation concerning the amount
of future real estate taxes or of future special assessments.
8. SELLER'S OBLIGATIONS.
(a) Seller warrants that there has been no labor or material furnished to
the property in the past 120 days for which payment has not been made. Seller
warrants that there are no present violations of any restrictions relating to the use
or improvement of the property. These warranties shall survive the delivery of
the warranty deed.
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(b) SELLER shall provide a survey of the property reflecting boundary
lines, topographic indications, subdivision, easements, restrictions and other
matters customarily reflected in a survey of real property.
(c) SELLER shall cause all offsite utilities, storm drainage, street lights
and paving to be constructed, if not already completed, necessary to serve the
subdivision at Seller's expense. Such obligation shall not include the sanitary
sewer and water connection charges. Said charges shall be the responsibility of
the Buyer.
(d) SELLER shall deliver the property with all mass grading completed.
9. BROKERAGE. Buyer and Seller represent that neither party is
represented by a real estate agent or broker and no brokerage commissions are
due any third parties as a result of this transaction.
10. BUYER'S OBLIGATIONS.
(a) BUYER will provide a preliminary site plan on or before
, 2006 for approval by the City of Andover.
(b) BUYER will provide a final site plan to the City on or before
,2007.
(c) BUYER shall construct a building upon the property which is in
substantial conformance to the building identified in attached Exhibit A. Buyer's
obligation shall survive the closing on this transaction.
(d) Buyer acknowledges that it has had (and will have) an adequate
opportunity to inspect the Property and, upon closing the transaction
contemplated by this Agreement, shall be deemed to have accepted that
Property in "AS IS" and 'WHERE IS" condition with any and all faults. Seller
hereby disclaims all warranties, whether oral or written, express or implied, as to
the Property's merchantability, fitness for a particular purpose, condition, type,
quantity or quality.
11. DISCLOSURE OF NOTICES. Seller has not received any notice
from any governmental authority as to violation of any law, ordinance or
regulation. If the property is subject to restrictive covenants, Seller has not
received any notice from any person as to a breach of the covenants.
12. POSSESSION. Seller shall deliver possession of the property not
later than DATE OF CLOSING.
13. EXAMINATION OF TITLE. Seller shall, within a reasonable time
after acceptance of this Agreement, furnish an Abstract of Title, or a Registered
Property Abstract, certified to date to include proper searches covering
4
bankruptcies, State and Federal judgments and liens. Buyer shall be allowed 30
business days after receipt for examination of title and making any objections,
which shall be made in writing or deemed waived.
14. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120
days from receipt of Buyer's written title objections to make title marketable.
Upon receipt of Buyer's title objections, Seller shall, within ten (10) business
days, notify Buyer of Seller's intention of make title marketable within the 120 day
period. Liens or encumbrances for liquidated amounts which can be released by
payment or escrow from proceeds of closing shall not delay the closing. Cure of
the defects by Seller shall be reasonable, diligent, and prompt. Pending
correction of title, all payments required herein and the closing shall be
postponed.
A. If notice is given and Seller makes title marketable, then
upon presentation to Buyer and proposed lender of
documentation establishing that title has been made
marketable, and if not objected to in the same time and
manner as the original title objections, the closing shall take
place within ten (10) business days or on the scheduled
closing date, whichever is later.
B. If notice is given and Seller proceeds in good faith to make
title marketable but the 120 day period expires without title
being made marketable, Buyer may declare this Agreement
null and void by notice to Seller, neither party shall be liable
for damages hereunder to the other, and earnest money
shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title
marketable, or if notice is given but the 120 day period
expires without title being made marketable due to Seller's
failure to proceed in good faith, Buyer may seek, as
permitted by law, anyone or more of the following:
(1) Proceed to closing without waiver or merger in the
deed of the objections to title and without waiver of
any remedies, and may: (a) Seek damages, costs,
and reasonable attorney's fees from Seller as
permitted by law (damages under this subparagraph
(a) shall be limited to the cost of curing objections to
title, and consequential damages are excluded); or,
(b) Undertake proceedings to correct the objections
to title;
(2) Rescission of this Purchase Agreement by notice as
provided herein, in which case the Purchase
5
Agreement shall be null and void and all earnest
money paid hereunder shall be refunded to Buyer;
(3) Damages from Seller including costs and reasonable
attorney's fees, as permitted by law;
(4) Specific performance within six months after such
right of action arises.
D. If title is marketable, or is made marketable as provided
herein, and Buyer defaults in any of the agreements herein,
Seller may elect either of the following options, as permitted
bylaw:
(1) Cancel this contract as provided by statute and retain
all payments made hereunder as liquidated damages.
The parties acknowledge their intention that any note
given pursuant to this contract is a down payment
note, and may be presented for payment
notwithstanding cancellation;
(2) Seek specific performance within six months after
such right of action arises, including costs and
reasonable attorney's fees, as permitted by law.
E. If title is marketable, or is made marketable as provided
herein, and Seller defaults in any of the agreements herein,
Buyer may, as permitted by law:
(1) Seek damages from Seller including costs and
reasonable attorneys' fees;
(2) Seek specific performance within SIX months after
such right of action arises.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
15. NOTICES. All notices required herein shall be in writing and
delivered personally or mailed to the address as shown at paragraph 1 above
and, if mailed, are effective as of the date of mailing.
16. MINNESOTA LAW. This contract shall be governed by the laws of
the State of Minnesota.
17. WELL AND FUEL TANK DISCLOSURE. Seller certifies that the
Seller does not know of any fuel tanks or wells on the described real property.
6
18. INDIVIDUAL SEWAGE TREATMENT SYSTEM DISCLOSURE.
Seller certifies that there is no individual sewage treatment system on or serving
the property.
19. PAYMENT OF CLOSING COSTS. Each party will pay closing costs
which are normally allocated of Buyers and Sellers in a real estate transaction.
20. PARK DEDICATION FEES. Seller shall be responsible for payment
of all park dedication fees due the City of Andover for development by Buyer of the
Property.
21. CROSS PARKING AGREEMENT. The parties shall enter into a
driveway access and cross parking agreement prior to closing for access and
use of the common driveway and parking areas between the parcel being
conveyed to the Buyer described in paragraph 2 herein and the remainder parcel
owned by the Seller.
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The Andover Economic Development
Authority agrees to sell the
property for the price and
terms and conditions
set forth above.
SELLER:
ANDOVER ECONOMIC DEVELOPMENT
AUTHORITY
By:
Michael R. Gamache, President Its:
By:
James Dickinson, Executive Director
I agree to purchase the property
for the price and terms and
conditions set forth above.
BUYER:
JMZ PROPERTY MANAGEMENT, LLC
By:
8
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
FROM:
Will Neumeister, Community Develop
TO:
EDA President and Board Memb r
CC:
Jim Dickinson, Executive Director
SUBJECT: Letter of Intent / Office Building Proposal
DATE:
September 5, 2006
INTRODUCTION
A letter of intent has been submitted to the EDA related to a new office building proposal. This letter was
submitted by Andy Stoner (Nassau Builders Inc.) for the north half of Lot 24, Block I, Parkside at
Andover Station. Please find the letter of intent attached for your review.
DISCUSSION
The developer is proposing to build a set of two new office buildings that would total approximately 9,200
square feet (see attached site plan). These buildings would be located directly north of the day care center
that Tracy Sonterre was interested in building on the south half of lot The developer will present his
proposal for the architectural design of the building at the EDA meeting. The attached site plan shows the
footprint of the building and the parking lot/driveway access that he would plan to build. This works quite
nicely with the day care center as it is a good transitional use adjacent to the townhomes and day care. The
buildings would be one story in height and have a residential character.
Please note that there is a request from the buyer's agent for the EDA to pay a 5% commission if the sale
occurs. Staff is recommending approval of the commission payment as it is similar to what had previously
been agreed to for other realtorlbrokers that asked for commissions if they were instrumental in bringing
the EDA a buyer.
ACTION REQUESTED
The EDA is asked to discuss the letter of intent and determine whether there is interest in selling the land
to Mr. Stoner based on the proposal that he submitted (price of $200,577). Also, the EDA needs to
acknowledge whether the commission would be paid to the buyer's agent.
Respectfully submitted,
~
Will Neumeister
Attachments
. Letter of Intent
. Drawing of Subject Site/Site Plan
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August 28, 2006
~r. Jim Dickensen
Mr. Will Neumeister
City of Andover
1685 Crosstown Blvd. NW
Andover, MN 55304
Sirs:
Please accept this letter as a Letter of Intent to Purchase property located on
Jay Street within the area known as Andover Station North. Specifics are:
Parties:
Nassau Builders, Inc (buyer) and City of Andover (seller)
Legal Description: Lot 24, Block 1 Parkside at Andover Station inclusive of
westerly triangle of land northwest of this lot.
Approximate Area: Approximately 50,144 finished square feet of buildings
(9,146 in office structures), parking lot and greenspace.
Price:
$200,577.00. CEased on $4.00 per square foot.) This price
includes all assessments such as sanitary and storm
sewers, streets, water mains, sidewalks, trails, park
dedication fees and area charges.
Terms:
Buyer will provide a refundable $5000.00 deposit that will
apply to the final purchase price. If buyer requests seller
to extend Due Diligence by additional 6 months, the
deposit can become non-refundable, but still apply to the
final purchase price.
Effective Date:
August 30, 2006
Taxes:
All taxes shall be prorated as of the day of closing. The
property shall be delivered by seller free of any
assessments.
Due Diligence:
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Buyer shall have six months to complete Due Diligence,
including but not limited to site survey, economic
viability, and review of already completed environmental
studies for the site. If the buyer is engaged in the process
of entitlement (i.e. getting plans approved, etc.) seller will
agree to extend the closing an additional 6 months. If
Buyer cancels this agreement in writing during the the
first 6 months of the Due Diligence period, the down
payment shall be refunded to the buyer within 10 working
days of the receipt by the seller of the written
cancellation.
Buyer agrees to provide the seller with monthly updates
of marketing and Due Diligence progress.
Closing Conditions:Approval of Preliminary plat on the property
Negotiated and agreed economical elevation and
landscaping plans.
Intended Use:
Exclusivity:
Compensation:
The buyer plans on developing and marketing office/small
retail space to include, but not limited to, professional
services such as real estate, insurance or other as yet
undetermined office/small retail oriented occupations.
Seller agrees to remove site from the active selling market
and will not entertain any other offers solicited or not
during the Due Diligence time frame.
Seller acknowledges Devon Walton, of RE/MAX associates
plus, Inc. as buyer's agent for Nassau Builders, Inc.
Seller agrees to pay RE/MAX associates plus, Inc. a fee of
five percent (5%) of the gross sale price upon successful
closing of the transaction. Both parties represent that
they have not dealt exclusively with any other
agentlbroker in connection with this transaction and
agree to hold each other harmless for any claims arising
from any other brokers.
~~\
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Non - Binding:
Each of the parties acknowledges that this is a Letter of
Intent and shall not be binding until a written purchase
agreement is executed by both parties.
Buyer
Na8'a~~/"
By: % ~7-;b ./8;C
Title: ?~"" ~r
Date. CZ5: ~~ 'h
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Seller
City of Andover
By:
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CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
EDA President and Board Members
CC:
Jim Dickinson, Executive Director
FROM:
Will Neumeister, Community Development Director W.h--
SUBJECT: Letter oflntent / Funeral Home Proposal (Continued)
DATE:
September 5,2006
INTRODUCTION
A revised letter of intent has been submitted to the EDA related to a funeral home and crematorium
proposal. This new letter was submitted once again by Daniel DeShaw for the westerly 318 feet of Lot I;
Block 3, Andover Station North. Please find the letter of intent attached for your review.
DISCUSSION
At the August 15, 2006 EDA meeting the list of allowed uses for Andover Station North was modified to
allow the funeral home as a permitted use and a conditional use for a crematorium. Staff has checked with
Bruggeman Homes and they still have the same concems as before (see attached letter). A staff person
from Bruggeman Home will be at the EDA meeting to explain their concerns.
At four previous EDA meetings this has been discussed and this proposal is their final request to locate in
Andover Station North. They do not want to consider the site adjacent to WDE at 139th and Hanson
Boulevard.
The City staffwill recommend a utility/access easement be preserved across the north 40 feet of the lot to
enable utilities and street/driveway access to the easterly portion of Lot I, Block 3 (see drawing on page 4).
ACTION REQUESTED
The EDA is asked to discuss the letter of intent and determine whether there is interest in selling the land
to Mr. DeShaw based on the newest proposal that he submitted (price of$394,916).
Respectfully submitted,
w~
Will Neumeister
Attachments
· Newest Letter oflntent (Daniel DeShaw)
. Drawing of Subject Site
· Architectural Drawing of Pun era I Home
. Letter from Bruggeman Homes
AUG-30-2006 WED 02:02 PM
p, 002/004
Mr. Will Neumeister
City of Andover, MN
1685 Crosstown Blvd N.W.
Andover, MN 55304
RE: Purchase of City land located on Jay StreetN.W.
Dear Mr. Neumeister:
This letter is a proposal for the purchase of a parcel ofland located on Jay Street N.W. from the
City of Andover, MN and its subsequent development into a funeral home.
1. SELLER: City of Andover, MN
2. BUYER: JO)'ce and Daniel DeShaw
3. LEGAL DESCRIPTION: W. 1/2 of Lot 1 Block 3 of Andover Station North
(Approximately 98,729 square feet)
4. PRICE: $394,916.00 (Three Hundred Ninety Four Thousand Nine Hundred
Sixteen and nO/lOO dollars), or $4.00 per square foot, (98,729 total square feet).
Purchase price to include land purchase, park dedication fees, non-residential water
connection charge and assessments. Final price of the land will be adjusted once
survey is complete, but would be based on the above square foot calculations.
5. CLOSING: Closing shall be on or before February 1, 2007 with construction to
begin Spring of2D07. At closing, seller shall convey a marketable fee
title free of all leases, mortgages and other encumbrances and
restrictions.
6. TAXES AND ASSESSMENTS: All taxes shall be prorated as of the day of
closing. The property shall be delivered by
SELLER free of any Special Assessments.
7. BROKERAGE: Buyer and Seller represent that neither party is responsible for
. . Brokerage commissions.
8. INTENDED USE: The parties acknowledge that the intended use of the property
would be used to construct an approximate 7,000 square foot
Funeral Home with crematorium. Architecture would be per
City of Andover, MN requirements. Attached site plan, along
with previous floor plan and elevations depict conceptual
design.
-2..-
AUG-30-2006 WED 02:02 PM
P. 003/004
9. CONDITIONS PRECEDENT TO CLOSING; Buyer shall agree to or receive from
City of Andover, MN the following:
a. Approval of conditional use pennit for the use of a crematoriwn at the
funeral home site.
b. Proposed preliminary site plan and el,evation approval by Buyer and Seller.
c. Approved administrative lot split as shown on site plan (From 353 feet to
319 feet west to ~t) .
10. CONFIENTIALITY: Each of the parties (and their respective agents and repre-
sentatives) will keep the existence and terms of the letter in strict confidence both
before and after closing, except in the course of conveying necessary information to
third parties involved in the transaction and except as may be required by law or
otherwise mutually agreed upon in writing by both parties.
11. NON~BINDING: Each of the parties acknowledges that this is a Letter of Intent
and shall not be binding until a written Purchase Agreement is executed by both
parties.
Please acknowledge your acceptance of this Letter of Intent by signing and returning
by mail or fax. Thank you for your assistance in the process and your favorable
response for the proposed use. We look forward to be coming a part of the
community of Andover, MN.
Sincerely,
Daniel DeShaw
Funeral Director
Acknowledged this
day of _,2006
City of Andover, MN
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~ Building Commun
PROPERTIES
ities Since 1959
June 8, 2006
Mr. Will Neumeister
Andover Economic Development Authority
1685 Crosstown Blvd. N.W.
Andover, MN 55304
Re: Andover Station North
Dear Will,
As you recall, at the EDA meeting on May 16, 2006 Bruggeman Properties, LLC was asked to review and
respond to the proposal for the Thurston Funeral Home Andover Chapel. We have reviewed the proposal
with our staff and the sales staff of Bruggeman Homes. The consensus was the construction of a funeral
home and crematorium on Jay Street near the entrance to the Parkside neighborhood could have a
negative impact on the sale of homes. This was in view of the other concems impacting the property
salability related to the WOE landfill and the lighted ball fields. Although we are aware of those existing
constraints, introduction of one more possible sales objection could compound the problem, particularly in
light of alternatives available in Ramsey.
In addition, we believe the air quality issues related to a crematorium have been adequately addressed.
However, we believe the crematorium has a considerably more negative image perception than a funeral
home alone. Although we are opposed to the change, if the Andover EDA were to revise the use
restrictions to allow the funeral home, we ask them to consider the following:
1) Consider altemative sites within Andover Station North that do not front on Jay Street
2) Require "low key" signage identifying the facility.
3) Umit signage to the words "Thurston Funeral Home Andover Chapel", with no reference to the
crematorium permitted on any exterior signage within Andover Station North.
The proposed architecture for the facility is attractive and appropriate and enhanced landscaping could
further mitigate negative perceptions of the use. We appreciate the continuous support and concem the
Andover EDA has consistently shown and welcome the opportunity to discuss this issue with you in further
detail.
Sincerely,
a
-.8'-
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
TO:
EDA Pre~dent aad BoanI ~ ~
Jim Dickinson, Executive Director ~
Will Neumeister, Community Development Director ~
CC:
FROM:
SUBJECT: Update on Economic Development Activities
DATE:
September 5, 2006
INTRODUCTION
This memo is provided as a status update for all the economic development activities that the staff
has been engaged in over the past month.
DISCUSSION
The following is the update on activities:
Rudnicki Building - Mr. Rudnicki's building is above grade and will be completed by the end of
October. For the last two weeks they have been using a travel trailer on the adjacent site to promote
their new business location. The trailer will be gone very soon.
Bruggeman Homes - They have indicated they would like to move to their second phase as quickly as
possible as they would like to have all the streets and utilities completed by late fall. Engineering has
worked overtime to get the street and utility plans done so that this will be possible The fIrst eight-
unit building is expected to be ready for the "Parade of Homes" on September 8th. At the September
5th Council Meeting, the approval of the final plat for their 2nd Addition of Parks ide at Andover Station
is on the agenda. They will soon ask for a building permit for one of their one-unit townhomes. They
want to have that unit available for the spring 2007 Parade of Homes. .
Funeral Home Proposal- The newest proposal for a location in Andover Station is on the September
5th EDA agenda for consideration. They propose to purchase the west 'li of Lot I, Block 3, Andover
Station North Gust north of where Casey was proposing to build).
Town Center Companies - Due Diligence Progress Review - Since the July 18th EDA meeting, staff
received the signed copy of the agreement with Town Center Companies and received the $25,000
down payment/earnest money to complete the agreement. They have been getting ready to market the
property and a debate between Town Center Companies and Northstar Partners had caused a slight
delay, but they have resolved who will be paying to prepare the marketing materials. The signs
marketing brochures will be put out very soon.
Other New Proposals - Staffhas contacted the building materials storage company and they are
waiting to see what the housing market does. At this point they are only considered a prospect for the
easterly 4 acres in the southem part of Andover Station North adjacent to the power substation.
Day Care Proposal- The staffhas worked out a purchase agreement for the EDA to consider for
th
approval on Sept. 5 .
Small Office Development - To the north of the site for the day care, staff has been working with a
developer to build 9,000 square foot of office space. The "Letter ofIntent" is on the agenda for Sept.
5th EDA consideration.
EP A Clearance of Institutional Controls - Staff has received word from EP A in Chicago that they
have made a slight change that the State Attomey General's office must agree to first then they will
remove the institutional controls placed on the Andover Station North parcels and establish a reduced
set of requirements.
Ballfield Completion - The ballfields are projected to be completed by the end of September 2006.
The ballfields will be ready for use in the summer of2007.
ACTIQN REQUIRED
This is an informational update to the EDA only, no action is needed.
Respectfully submitted,
Will Neumeister ~
2