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Home My WebLink AboutEDA September 19, 2006 ~.'_.I"\'l'~..--._'- ... . .. I. . ... NDOVE ' . 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 19,2006 6:00 p.m. Conference Rooms A & B AGENDA 1. Call to Order - 6:00 p.m. 2. Approval of Minutes (9/5/06 Regular Mtg.) 3. Letter oflntent/Purchase Agreement Review (DeShaw Funeral Home) 4. Purchase Agreement Review (NBI - Office Building) 5. Review Proposed Signs at Andover Station (United Properties) 6. Review Proposed Neon Band Signage (Northgate Liquor) 7. Update on Economic Development Activities 8. Other Business 9. Adjourn 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 V olk, City Clerk SUBJECT: Approval of Minutes DATE: September 19,2006 INTRODUCTION The following minutes were provided by TimeSaver for approval by the EDA: September 5, 2006 Regular Meeting DISCUSSION Attached are copies of the minutes for your review. ACTION REOUlRED The EDA is requested to approve the above minutes. Respectfully submitted, ILL. u../b Vicki V olk City Clerk @ ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING SEPTEMBER 5, 2006 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by Vice President Julie Trude, September 5, 2006, 6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Absent: Also present: President Mike Gamache (arrived at 6:05 p.m.) Commissioners Don Jacobson, Mike Knight, Ken Orttel (arrived at 6:04 p.m.); Voting resident members Joyce Twistol and Robert Nowak Edward Schultz (Advisor to the EDA) Executive Director, Jim Dickinson City Engineer, Dave Berkowitz Others Present: APPROVAL OF MINUTES August 15, 2006: Correct as written. MOTION by Jacobson, Seconded by Knight, approval of the Minutes as indicated above. Motion carried unanimously. REVIEW PURCHASE AGREEMENT/STACY SONTERRE Executive Director Dickinson stated 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. Commissioner Jacobson stated on item 21, they are selling this without any access to the property. Legally, does item 21 take care of that? Mr. Dickinson indicated they currently own the parcel that has access. Commissioner Jacobson thought they would need to have access to this parcel in order to sell it. He thought it would be sold based on road access. Commissioner Ortte1 arrived at 6:04 p.m. President Gamache arrived at 6:05 p.m. Motion by Knight, Seconded by Nowak, 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. Andover Economic Development Authority Meeting Minutes - September 5, 2006 Page 2 Motion carried unanimously. LETTER OF INTENT/OFFICE BUILDING PROPOSAL Mr. Dickinson explained 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 1, Parkside at Andover Station. Mr. Andy Stoner, Nassau Builders, Inc. presented a project proposal to the Commission. Commissioner Knight asked if the buildings would be identical even though they are different sizes. Mr. Stoner indicated they would be. Commissioner Trude asked if they would build the buildings before they have tenants. Mr. Stoner stated they will try to find occupants while building these and their goal is to have fifty percent occupancy before starting to build. Commissioner Trude asked if they would own the buildings instead of condoing them. Mr. Stoner stated that was correct but they have had inquiries about purchasing them. President Gamache asked if they have any restrictions on the signs. Mr. Dickinson stated they do not. President Gamache asked if the exterior finish meets their guidelines. Mr. Dickinson stated Nassau Builders was given the guidelines and have met them. Mr. Dickinson stated the down payment will become non-refundable after the six month due diligence period. Commissioner Trude stated she wants to make sure the trash enclosures meet their requirements and she does not want plastic gates. She wants to see some architectural interest to the back of the building because the back of the building will be facing the ballpark. Mr. Stoner explained there will be similar architecture around the building on all sides. Commissioner Knight indicated he likes the fac;ade. Commissioner Jacobson explained they do have signage requirements in this development so Nassau Builders may not get all of the signs they want. Mr. Dickinson stated the builder would have to follow code. Commissioner Orttel wants to make sure they are aware of the cross easement access for the other parcel. Mr. Stoner indicated he was aware of this. Andover Economic Development Authority Meeting Minutes - September 5, 2006 Page 3 Commissioner Trude asked if the City was in charge of the dry pond and wetlands. Mr. Berkowitz stated they are monitoring this. Commissioner Trude asked if they are making sure they are not getting any invasive plantings in there. Mr. Berkowitz stated this is only the second year but they will continue to check this to make sure there would not be any invasive plantings. . Commissioner Jacobson stated the parking and cross access is not in the letter and he wants to make sure it is known and intended. Mr. Stoner stated he is aware of this. Motion by Jacobson, Seconded by Orttel to approve the letter of intent as presented. Mr. Nowak stated in regard to the terms in the agreement, the sentence reading "If buyer requests seller to extend due diligence by an additional six months, the deposit can become non- refundable..." He thought the wording should be "will" instead of "can". The Commission agreed it should be changed. Commissioner Trude asked in regard to compensation in the agreement if this is something they looked at last fall regarding a potential commission to be paid to the realtor for bringing this forward to the Commission. Mr. Dickinson indicated it is because Mr. Walton brought this to the City without the City talking to the applicant previously. Motion carried unanimously. LETTER OF INTENT/FUNERAL HOME PROPOSAL (CONTINUED) Mr. Dickinson explained 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 1, Block 3, Andover Station North. Mr. Dickinson stated the City would like to retain a cross easement access across the northern area of the property. Commissioner Jacobson wondered on the north end of the property, if the utility easement was going to be a private driveway. Mr. Dickinson stated they would try to share the driveway. Commissioner Trude stated the applicant does not have an access plan. Commissioner Jacobson asked if the easement would end at the property line. Mr. Dickinson stated that is correct. Commissioner Jacobson asked if it was like a driveway or more of a City Street. Mr. Berkowitz stated they are looking at a two-lane road, twenty feet in width. Commissioner Trude asked if this would accommodate large semi-trucks to get to the parcel in back. Mr. Dickinson showed on the map how they plan to have other access to the back parcel. Commissioner Jacobson asked who would be responsible for the cost of the access road. Mr. Andover Economic Development Authority Meeting Minutes - September 5, 2006 Page 4 Dickinson stated the EDA would have to pay for part of the cost of the access road because they are the developer. Commissioner Jacobson asked if they could extend the road onto the outlot. Mr. Berkowitz stated they need to reserve the outlot for the storm water pond. Commissioner Trude thought they would need to run another north/south road like they did with the Rudnicki parcel. Mr. Dickinson explained how they developed an industrial site in Big Lake. He stated the intent is to preserve access to the back parcel. He noted their intention is to try to keep the back parcel one lot and not sell it off as two. Commissioner Trude stated the other issue is the letter from Bruggeman Homes and their concern of the funeral home being close to their development. She stated this is a concern of hers also because Bruggeman purchased the land before this was even envisioned in the area. Commissioner Jacobson asked Mr. DeShaw if the EDA did not allow a crematorium, would they still want to build a funeral home. Mr. DeShaw stated they would still be interested because they would not want a competitor to build on this site. President Gamache stated Bruggeman Homes wants the signage to be low visibility. Mr. DeShaw stated every funeral home whether there is a crematorium or not on premises has the word in the sign. Commissioner Trude stated she would not vote in favor of this because of her concern with the Bruggeman Home issues and more people are looking to bring businesses closer to home. Motion by Jacobson, Seconded by Twistol, to approve the letter of intent with the signage not indicating any crematorium and the purchaser will not put in a crematorium and to include a $5,000 deposit to make sure the development goes through. Mr. DeShaw stated they would still need to get a Conditional Use Permit in order to get a crematorium in the funeral home. Commissioner Knight stated he did not want to be a part of hiding anything. Mr. Dickinson stated they would need to go through a full CUP notification, including a public hearing in order to get a crematorium in. Mr. Greg Shlink, Bruggeman Homes, stated the thing he would ask them to consider is a time limit so they can get up and running. There is a concern with a funeral home being close to their homes but a crematorium is even a greater concern. Mr. Dickinson stated as a suggestion on the letter of intent, they may want to request a deposit. Commissioner Trude asked if the other owners of Andover Station North are aware of the changes. Mr. Dickinson indicated they are and First Regents Bank is in favor of this. Andover Economic Development Authority Meeting Minutes - September 5, 2006 Page 5 Commissioner Trude asked if they should include a moratorium on this for Bruggeman to develop. Mr. Shlink thought they could approve the funeral home now and restrict the crematorium. Mr. Dickinson stated they are looking at a six month due diligence period to allow Bruggeman Homes to get started. President Gamache stated the issue is that they do not want the signage to indicate cremation services but they can advertise elsewhere that they have cremation services available at other sites. Motion carried 6 ayes, 1 nay (Trude) Commissioner Trude stated she was voting no on this item because the sale would have a negative impact on townhome sales and that it subdivides a large parcel limiting the marketability of the parcel behind it and it does not enhance their goals for Andover Station for providing local jobs and retail customers. UPDATE ON EDA ACTIVITIES Mr. Dickinson updated the Commission on EDA activities. Commissioner Knight asked if the individual who wanted the sports facility was still interested. Mr. Dickinson indicated the interest was on the individual's backburner because of personal Issues. OTHER BUSINESS There was none. Motion by Trude, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting adjourned at 6:54 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 Members FROM: Will Neumeister, Community Deve10pmen CC: Jim Dickinson, Executive Director SUBJECT: Letter of IntentJPurchase Agreement Review (DeShaw Funeral Home) DATE: September 19,2006 INTRODUCTION At the September 5,2006 EDA meeting, the EDA asked for revisions to Mr. DeShaw's Letter of Intent (attached). Also attached is the purchase agreement for the EDA to review and approve for the funeral home. The letter of intent and purchase agreement both pertain to the land the EDA is planning to sell to Daniel DeShaw as the site for a new funeral home. Based on the EDA's direction, the crematorium has been removed from the language in the documents. DISCUSSION In the documents it has been indicated that the City will dedicate a fifty-foot wide utility/access easement across the northerly portion of the lot to enable utilities and street/driveway access to the easterly portion of Lot 1, Block 3 (see drawings). The purchase agreement indicates the purchaser must construct a driveway and utilities to the east edge of the property at their expense. ACTION REOUESTED The EDA is asked to discuss the revised letter of intent and purchase agreement. . If they are acceptable, then the EDA should move to authorize the Executive Director to sign the documents. Respectfully submitted, wL Will Neumeister Attachments Revised Letter of Intent Purchase Agreement Drawings of Subject Site PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on , 2006, by and between Andover Economic Development Authority (AEDA), a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, Seller and Daniel DeShaw and Joyce DeShaw, husband and wife, Buyer. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: The West 318.24 feet of Lot 1, Block 3, Andover Station North, 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: Three Hundred Ninety Four Thousand Nine Hundred Sixteen and no/100 Dollars ($394,916.00) which Buyer shall pay as follows: Non-refundable earnest money of Five Thousand and no/100 Dollars ($5,000.00) by check, receipt of which is hereby acknowledged, and Three Hundred Eighty Nine Thousand Nine Hundred Sixteen and 00/100 Dollars ($389,916.00) cash on or before February 19, 2007, DATE OF CLOSING. The purchase price is based on a site estimated to be 98,729 square feet of gross area. The price herein represents a net per square foot price of $4.00 ($3.64 per square foot for property inclusive of all assessments/water area charges and a $0.36 per square foot for park/trail 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. 1 (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 standards which Buyer determines can be built for a price acceptable to Buyer, in Buyer's sole discretion. Such approval shall not include a conditional use permit for a crematorium. (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. F. Restrictive covenant described in paragraph 22 herein. 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. 2 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. (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 property at Seller's expense. Such obligation shall not include the sanitary sewer and water connection charges or the cost of extending utilities described in paragraph 10. (d). Said costs and 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 January 19, 2007 for approval City of Andover. (b) BUYER will provide a final site plan to the City on or before February 19, 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 shall construct sanitary sewer, storm sewer and watermain to serve the lot to the east of the subject property. These utilities shall be constructed within the area along the northerly 50 feet of the property that is being dedicated as a utility and cross access easement area. (e) 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 3 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 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: 4 (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 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 by law: (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. 5 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. 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. PARKlTRAIL DEDICATION FEES. Seller shall be responsible for payment of all park/trail dedication fees due the City of Andover for development by Buyer of the Property. .21. CROSS ACCESS AND UTILITY AGREEMENT. The parties shall enter into a cross access and utility agreement prior to closing for access and utilities between the parcel being conveyed to the Buyer described in paragraph 2 herein and the remainder parcel owned by the Seller. 22. RESTRICTIVE COVENANT. Seller and Buyer agree that at the time of the closing, they will execute a restrictive covenant to be recorded against the Property which requires the Buyer, its successors and assigns to construct a "vapor barrier" under any building that is constructed upon the Property. Said restrictive covenant shall also include a provision that prevents any new wells from being bored or drilled on any of the Property described in this paragraph. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. I agree to purchase the property for the price and terms and conditions set forth above. SELLER: BUYER: ANDOVER ECOMONIC DEVELOPMENT AUTHORITY DANIEL DESHAW AND JOYCE DESHAW By: By: 6 Michael R. Gamache, President By: James Dickinson, Executive Director Daniel DeShaw By: Joyce DeShaw 7 1_.,..._.h.,....Nrl""..._ ~ l.1l.l1 ~ ru:,::,::T ~- ," / / \ ~- \ J \"'1 .. 1:\' '" ww W, :.;:::r !.~\.. \ "" .~l\ H i, i\ 1 " \\\ ~s '1\ 3 .. Ii ...... 1 if H " !~ Se9TJ8'39"E' I I : I . -I I ~ t-: _ rr....J ._ _. -'L ! _. 1 ; t-; :J .' .1~_. Cl cr: ~ w - ...J ::> 0 - '" z .0 rJl . Z ..: :I: ./ __If. l.... ""_ VV-".,.....ltrl;~..'- ~,,":; R.t NI' .' .:.l.-...,......,.'~.,...ItC,,,...,_..H. l.o.l,ll~ :.., . OUTLOI,,~ -------- r--- "'>=" I I , I I I 2 e 3 " I I 3 I I 1""--- -I I I I I I I I I r-___ ., ~~I :i: I , I I I I -o! _LL_ . : ~-----~~-----__J ~.::: ;~;-.::. . = I ~ "i-~ SIoa'-VUior'''_'''SGll~i';'"1I'''''',_"",.:!lI__~. BUNKEMjLA~ B.oU.bEV~Q.UNTY STAT~Aro HI~~WJlv",':'-. 4 5 fF-7ZAN!' 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J~'-'\ "r:-~ f-..r.,t.,.IVVL...,1,\ I ~ ;..... {...,...../'"\J 11, 'T"\.I ,VVVI'i r I SEP-14-2006 TEU 04:22 PM P. 002/003 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: Joyce 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/too 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. TERMS: Buyer shall make a $5,OOO.00(Five Thousand and no/100 dollars) non- refundable payment that will be applied to the final purchase price of the land. 6. CLOSING: Closing shall be on or before February I, 2007 with construction to . begin Spring of2007. At closing, seller shall convey a marketable fee title free of al11eases, mortgages and other encumbrances and restrictions, 7. 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. 8. BROKERAGE: Buyer and Seller represent that neither party is responsible for Brokerage commissions. 9, 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, SEP-14-2006 TEU 04:23 PM P. 003/003 10. CONDITIONS PRECEDENT TO CLOSING: Buyer shall agree to or receive from City of Andover, MN the following: a. Proposed preliminary site plan and elevation approval by Buyer and Seller, b. Approved administrative lot split as shown on site plan (From 353 feet to . 319 feet west to east). c. Cross access and utility agreement across the north 50 feet of the property line 11. CONFIDENTIALITY: Each of the parties (and their respective agents and repre- . sentatives) will keep the existence and tenns 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, 12, 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 ~y: Printed: Title: , @ 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 Develop SUBJECT: Purchase Agreement Review (NBI - Office Building) DATE: September 19,2006 INTRODUCTION The City Attorney has prepared a purchase agreement based on the letter of intent submitted by Andy Stoner (Nassau Builders Inc.) for the north half of Lot 24, Block 1, Parkside at Andover Station (attached). DISCUSSION Again, the developer is proposing to build a set of two new office buildings that would total approximately 9,200 square feet. Please note that the purchase agreement contains a statement to allow the buyer's agent to receive a 5% commission if the sale occurs. As stipulated at the last EDA meeting, a cross access and parking agreement is also included in the purchase agreement to allow the property owner to the south to gain access to the City street and allow shared driveway access and parking to occur. ACTION REOUESTED The EDA is asked to review and approve the purchase agreement and authorize the Executive Director to sign the document. Respectfully submitted, W::I-- Will Neumeister Attachment Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on , 2006, by and between Andover Economic Development Authority (AEDA), a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, Seller and Nassau Builders, Inc. a Minnesota corporation, Buyer. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows (and shown on attached Exhibit A): The North One-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: Two Hundred Thousand Five Hundred Seventy Seven and no/100 Dollars ($200,577.00) 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 Hundred Ninety Five Thousand Five Hundred Seventy Seven and 00/100 Dollars ($195,577.00) cash on or before February 19,2007 DATE OF CLOSING. The purchase price is based on a site estimated to be 50,144 square feet of gross usable area (exclusive of the triangular area at the northwest corner of the parcel which is not considered to be usable). The price herein represents a net per square foot price of $4.00 ($3.64 per square foot for property inclusive of all assessments/area charges and $0.36 per square foot for park/trail 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. Net square footage is defined as the gross area minus the unusable triangular area at the northwest corner of the parcel. 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. 1 (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 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. If Buyer requests that Seller extend anyone of the contingencies by an additional 6 months, the deposit will still be applied to the final purchase price. 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. F. Restrictive covenant described in paragraph 22 herein. 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 conceming the amount of future real estate taxes or of future special assessments. 2 8. SELLER'S OBLIGATIONS. (a) Seller warrants that there has been no labor or material fumished 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. (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 property 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. Seller acknowledges Devon Walton, of RElMAX Associates Plus, Inc. as Buyer's agent for Nassau Builders, Inc. Seller agrees to pay RElMAX 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 agenUbroker in connection with this transaction and agree to hold each other harmless for any claims arising from any other brokers. 10. BUYER'S OBLIGATIONS. (a) BUYER will provide a preliminary site plan on or before January 19, 2007 for approval City of Andover. 2007. (b) BUYER will provide a final site plan to the City on or before February 19, (c) BUYER shall construct a building upon the property which is in substantial conformance to the building identified in attached Exhibit B. 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. 3 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 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, 4 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 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 by law: (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. 5 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. 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 nonnally allocated of Buyers and Sellers in a real estate transaction. 20. PARKlTRAIL DEDICATION FEES. Seller shall be responsible for payment of all park/trail dedication fees due the City of Andover for development by Buyer of the Property. 21. CROSS ACCESS AND PARKING AGREEMENT. The parties shall enter into a cross access and parking agreement prior to closing for access and parking between the parcel being conveyed to the Buyer described in paragraph 2 herein and the remainder parcel owned by the Seller. 22. RESTRICTIVE COVENANT. Seller and Buyer agree that at the time of the closing, they will execute a restrictive covenant to be recorded against the property described herein which requires the Buyer, its successors and assigns to construct a "vapor barrier" under any building that is constructed upon the Property. Said restrictive covenant shall also include a provision that prevents any new wells from being bored or drilled on any of the Property. The Andover Economic Development Authority agrees to sell the property for the price and terms and conditions set forth above. I agree to purchase the property for the price and tenns and conditions set forth above. SELLER: BUYER: ANDOVER ECONOMIC DEVELOPMENT AUTHORITY NASSAU BUILDERS, INC. By: Michael R. Gamache, President By: Its: 6 EXHIBIT A (PROPOSED LOT DIVISION DIAGRAM) =-- 3 1 "'0; ........ co co ~~ ~~ " " S~ ........ co co ~~ ~!:; ~<: " " ~~ ........ co co " " -!;-!; ........ "-ill: \\\ \ '" \ I: \ \' \ t \ \ \ \~ \ \ (E --- --- ItE7lND I ~ JTLOT 0 1 :8,257 sq.R 4.32 Acre. I I I I . I I I I I I I , , , I I , , I I I \ \ \ I \ ~\I '" .... ...... b~ 0", ".."" 294,858 sq. ft. 6.77 acre. (Excluding existing easements) 2 316,676 .q.ft. 7.27 acres (T otol) -. -. .-. ----~ 17.33 " '--- ./ ,,/------N. L~" of the SEI/4 of Ihe NCt/4 of S~. .J4, i: J.2."R. 24 &: I .s: Lint! of Ihe NEI/4 of Ihe NE1/4 of Sec. .J4, T. .J2, R. 24 / nllTI nTA ~ ~ -7--: Exhibit B (Building Diagram) i~0~~\:)::~~~. .,.~t~:~ 7l_"~ ~~~~=-~:~~~ ~."- '~'" '~.'_ . :;~.f.~'!.:<( .'l:r .""'~ ...-" ;{r......'{J .t~a 1 ~..~..""'.:,,;; ~' --...... ;'-,.~;~:~;~~'7:~~ ,~:"i. JJL :.' .,.C_:":;t'"~ ;~:~,., f"~ ;r.", "_">>L-.,._.. ........ ..(.",":'r..;;t~ _._ .".. ~ ", ~":,Y~:T~..""',:"....;..'$: '. .""~ ~'-..... "'.~" ....{"\ '$~ 'Ii . ".;':l~""\~;'''' ~.~. - -1lo l~::;';'_L".' ";..;'.'.~.. ~. .'. "......'""""'....~ ..-.'. ~... ~~!o.r:', ..-.:;," ~""'" '-{I.ot1\; :-'. ,"~ ....~..~:...... " ,- - ',M.....'..... .""!;~.'~.'':~ "".~. ......-~.""':...I_~.,. .. . -w' "'" ~... ~.".,...r"..-o:loL...,.. ... '. ~- ".Jj1<.......... :r.)i~ ~~ ~ r"'. ~...~.,~.,~ "'~.-8:.,.-tl;,' ~~''''' " ~~~~:....".' ;,~_':.." ~ I., .....\ t!::~_1 r;~-ih. ,.. ';- ~ -: . ,"~"!ool ;;r. .. .. ~~ Description: Two single level office structures and Pergola with corresponding amenities. 8 0) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US CC: President and EDA Members ~ Jim Dickinson, Executive Directo~ Will Neumeister, Community Development Director ~ TO: FROM: SUBJECT: Review Proposed Signs at Andover Station (United Properties) DATE: September 19,2006 INTRODUCTION United Properties has asked for the EDA to review their request to update their monument sign package at Andover Station. Please refer to the attached letter, photos and drawings describing what they are proposing. They will be present at the meeting to provide answers to any questions the EDA may have. DISCUSSION As you may recall, in 2003 Walgreens and TARGET were given permission to locate two monument type signs next to each other at the Southeast corner of Quinn Street and Bunker Lake Boulevard. The new request from United Properties asks for similar treatment with two new monument signs to serve the tenants in the existing retail center where Festival Foods is located and also the new Northgate Liquor Store (located south of the Walgreens). Also be aware that another monument sign for a future TCF bank will (someday) be located along Bunker Lake Boulevard in the same general area (refer to the attached photos and drawings). Similar to the Walgreens/TARGET case, the property owner is stating they need more signs and the EDA will need to evaluate whether the signs are acceptable in design, size and location. Staff requests that the vacant space on the sign for Northgate Liquor be used as the advertising space for United Properties marketing sign instead of the banner attached to the existing monument sign. The banner doesn't look that attractive and the space below Northgate Liquors will likely remain vacant for some time. ACTION REQUESTED The EDA is asked to review the request from United Properties and allow the property owners to make their case for new monument signs for their properties. Respectfully submitted} Will Neumeister ~ Attachments PhotoslDrawings of Proposed Signs Letter from United Properties Current Sign Code Site Map of Andover Station -2.. - W t- eta: ~o J:;:) t-o a:- 0.... z i) I I I i L_ -1- fiT ~tfiil. ,. --h + r I , ! I I i I I i u__~ ~~~ I 1 t:stiVo~l. + I~- , ! I I I i , ~'r + :" + :" "11' -l- EXIS11NG MON\MNf -1.-- NORTHGATE LIQUOR -r- 09/14/2006 14:42 UP/LLC 7 97637558923 NO.964 1i002 UNITED PROPERTIES September 14, 2006 Andover Economic Development Association (EDA) CIO Will Neumeister Director of Community Development City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Request for New Monuments Sign Program Andover Station Dear Members of the EDA, United Properties, on behalf of current and future tenants of the Andover Station retail center located at Bunker Lake Blvd. and Quinn, respectfully ask for your consideration in adopting the following request to update the current monument sign criteria at Andover Station. 1. Increase the size of the shopping center monument for the grocery anchor and shop tenants as shown on the attached exhibit. 2. Combine the monuments for the two new lots of Andover Marketplace East 2nd Addition into one monument placed in the location shown on the attached exhibit, replacing the existing monument in that location. Approving this request will give more meaningful and effective signage to the tenants of Andover Station while at the same time. reducing the number of monument signs on site by combining the signs from Andover Station East 2nd Addition. The proposed new monuments would reflect and compliment the current monuments occupying Andover Station. United Properties and the tenants of Andover Station look forward to your consideration and approval of this request. Thank you for your time and consideration in this matter. Sincerel , UNIT PROPE]Tj.ES, INC. ca~ Bruce D. Car1son Vice President Retail Development -s- 3500 American Blvd. W.. Minneapolis. MN 55431 . 952.831.1000 · lax 952.893.8206 · www.uproperlies.com _I ~~II . - ;.;:;;; J!3Mjrmt =-p ~ ~ ~ I ~k E V _ ~ ~I' !I ,i.. i ii~. . a ------\!r ..~! j\J I \'ir: ! n'i i i:~ i :"t ~Ii-i :. ! 2~. ~ ~~;q i:i ".~. "! 2 I:~~ =fiEi!'!1lf 5,. ! e;g: ~ l!'~ t . b '~i I !~! ~ f~;! ~~ l'~~ rEIi e! ~ ~;;ilt l:B ~'! s" - e- m iil~ -I:~i~;:n~i!~ o ejl' DJ;~b ,.; 'eo< i" Ill. El ~ "I-B . · ;E~ :: i[;i is I :~ ',' 5 ~. mlB~:q=liIP":1 ~ a.d .. . . :l tL 1'./ L ~~i I i!~! ~i~51 ~b~i . ~ f 'J' s.. J~ tn ~ ~ ~ ""2, ~ . ~ ;\; v-:. ~ ~~ '- ~ ~ ''-(-; o -,6:- - tii c::: ?i- s ::l I t) 1:: In ~ r I I I L E. 12-16-9: /tz H-- - (:7 Pf;;:;. , - r'rr C""! rcr--C!'--r.......- - _C/ -../,:::.,-<"1 f \"..00". Y .;;:> 6r":;Y~ ___ 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height No taller than the highest outside wall or parapet or twenty-fNe feet (25'), whichever is less. General Business (G8) District 1. Type: Area identification, ball field advertisinCl. business identification, institutional, scoreboard advertisinCl. temporary, any sign exempted in section 12-16-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet, except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height No sign shall be more than twenty-five feet (25') above g~ Industrial (I) District: 1. Type: Area identification, ball field advertisinCl. business identification, scoreboard advertisinCl. temporary, any sign exempted in section 12-16- 4. . 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. 4. Height: No sign shall be more than twenty-five feet (25') above grade. Signs Allowed By Conditional Use Permit -7- -, I I I I //11~ofa-se9 y "-/Ott'fH6n---r6 /.,fq w€,. 516l{ (yf/TV,z-r;:;.}Tc r Si6iJ I -~ --------- .-..-..-..-. ~_&Ul~~1tl. -..-..-..-..-..-..-..-..---..-..-.-.-..-..--~ ---"-"-'-..-..-..-..-..---..-.-..-..-.---.-- -.-..-..-----.-.-..-..-..-..-..-..-.----.-. SITE NO' I --t::.. \ ...... ~ 0.- """"""'" , "'............ -""'"""" SlW.LIYWEllIA.' ca VM!411ONS AlL"""""'" _NO' .......""'" .............. """'" NJ. I ObOWlSt NOl .............. All...... ... 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WWW.CI.ANDOVER.MN.US TO: President and EDA Members' CC: Jim Dickinson, Executive Director Will Neumeister, Community Development Director t-V/v-- FROM: SUBJECT: Review Proposed Neon Band Signage (Northgate Liquors) DATE: September 19, 2006 INTRODUCTION Bruce Knowlan, Northgate Liquors owner, has requested approval of a signage package for the new location of North gate Liquors. DISCUSSION The proposed sign request is in conformance with the current sign code, however, the neon signs need to be reviewed by the EDA to determine if it is in conformance with the Andover Station Guidelines pertaining to lighting/signs (see attached). The EDA has the sole discretion to determine whether this meets the guidelines or whether the guidelines should be modified to allow this type of signage on the new building. ACTION REOUESTED The EDA is requested to consider the request from Bruce Knowlan and allow the property owner to make their case for the neon signs for their proposed new liquor store. Respectfully SUb~~ Will Neumeister Attachments Sign / Building Facade Drawings Andover Station Design Guidelines (portion pertaining to signs and lighting) .1 ' II . , , 1 ~ 3 I'i H Y , , ~ ~ li~;~~~1~(; 0~~,.I(~t, '~ 111m. I ! ~m c .g . > . 1ll ~ . ~ -S S z ifl ~ o p o ~ ~ i > ..:l .g c < r;;:;: g- 8 '5 ...... on """ ~ ~ ~ c ~ < ...... < 8 ~ o Z . 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 foUowing standards apply to on-site lighting, including lighting of signs, structures, landscaping, plazas, parking and service areas. . Intensity and Direction of Lighting AU 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 O.4-foot candles at the property line, as measured horizontally and vertically from the adjacent grade to a height of 14 feet. No mercury vapor utility yard lights or other light fixtures with high intensity discharge lamps or bulbs, which are not designed to limit or control light direction or which do not shield the light source from view of neighboring residential properties, shall be permitted. . Lamp Color and Consistency Subsequent to the adoption of these covenants, 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 foUowing standards apply: Andover Station Commercial Park Covenants June 15, 200l - 16 - o 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. ~ o 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. o 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. o Landscaping and Furnishing Up lighting is recommended for all landscaping and furnishings (in both public and private areas) that require accenting (such as specimen trees and shrubs and sculptural features). Specific areas include streets, parks and plazas. o 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. . o 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. Andover Station Commercial Park Covenants June 15,200 I - 17 - . 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. 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 ~J/ the adjacent facade. Self-illuminating signs may be used only upon approval of the ::x- EDA. The EDA shall determine appropriateness based upon size, scale, colors, materials, and compatibility with neighboring signs and stmctures within the property. E) Plastic, plexi-glass, clear plex or similar material signs and awnings are prohibited t unless used in conjunction with other decorative materials. F) Signs may be painted, prefinished or utilize exposed metal. Any exposed metal shall be stainless steel, titanium, bronze, or other similar non-corrosive materials. Andover Station Commercial Park Covenants June 15,2001 - 18 - G) Consistency in signage shall relate to color, size, materials and heights. H) All signs must meet the requirements of the City of Andover, including receipt of permits prior to erection. I) Pylon signs are prohibited 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. > 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. > Canister signs. > Signs that project above a parapet or the highest point of a roof. . Andover Station Commercial Park Covenants June 15, 200 I - 19- >- Hand-painted wall or ground signs of a permanent nature. >- Signs attached to or painted 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 a.nd proportion of graphics shall be compatible with buildings' architectural character. >- Signs are to be free of all labels and fabricator's advertising, except for those required by code. >- All electrical signs and their installation must comply with all local building and electrical codes. >- All electrical service to sign lights shall be fully concealed. No sign shall have exposed wiring, raceways, ballasts, conduit or transformers. >- All exterior, mounted letters exposed to the weather shall be mounted at least three-quarters of an inch (3/4") from the building wall to permit proper dirt and water drainage. All bolts, fastenings and chips shall be of stainless steel,' 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. ""* Andover Station Commercial Park Covenants June 15,2001 - 20- ~ 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 Iandsc'aping 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 Typography and graphics shall be constructed of durable materials capable of being permanently maintained, such as metal lettering, framed panels or engraved masonry. Any advertisement text, symbols or other indications displayed on the sign face shall be limited to not more than five (5) words, letters, numbers, figures, symbols or other. indications used as a substitut~ for words. Lettering on Gateway and Project Identity ~ signs shall not exceed a height of 24 inches, while lettering on tenant signs is limited to a l'" 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.. 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 Andover Station Commercial Park Covenants June 15,2001 - 21 - 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. · 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 fa~ade 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 limes-tone 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. Andover Station Commercial Park Covenants June 15.2001 - 22- >- 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, banI?ers 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. >- 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 si:cty-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, mJes and regulations of any governmental body that may be applicable, including without limitation, environmental laws and regulations. Where the following restrictive covenants are more stringent than the zoning ordinance, or other laws and regulations of the City of Andover or any other appl icable 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 Andover Station Commercial Park Covenants June 15.200 I - 23- ::E VI III II> 0 ... r::: ... m ~ iD m < Z iD IU ... 0 < 25" ... IU ... ... :I ~ 0' m :I iD < IU ... 0' :I ~ 0 ~ 8 > ~ ... > :I ~ c.. 0 < III > ... VI ... 8 IU ... 0. t;j ,:I > :I ~ c.. 0 < III ~ ::' ~ 0 z d m IU II> ... 0 m iD < ~ IU ... 0' :I 00 z o ... ... ~ ~ III II> ... m iD < IU ... 0. :I ",,l:I"'~ 5c:ii~ ~;~~ ~i;ll ~!! :~i L A M p E . R T (J) 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 Direct FROM: Will Neumeister, Community Development Director SUBJECT: Update on Economic Development Activities DATE: September 19,2006 INTRODUCTION This memo is provided as a status update for all the economic development activities related to Andover Station North that the City staff have recently been engaged in. DISCUSSION The following is the update on activities: Rudnicki Building - Mr. Rudnicki's building has all the walls standing, waiting for steel to be delivered, ready to pave the parking area. Bruggeman Homes - They have received approval on the plat of their second phase. They began installing utilities in the second phase on Tuesday, September 12th. The first eight-unit building was ready for the "Parade of Homes" that started on September 8th. 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 revised "Letter of Intent" and purchase agreement will be on the September 19th EDA agenda for consideration. Town Center Companies - Due Diligence Progress Review - The marketing sign has been installed along Hanson Boulevard on September 12th. The site plan and marketing brochures are being designed and will be put out very soon. Other New Proposals - John Larkin is still indicating he is interested in the sports training facility on the site located east of the ball fields. He will be preparing a "Letter of Intent" for the site in the next 45 days. He feels he can build a building that the EDA may approve (with high quality design and materials, etc.). Day Care Proposal - The purchase agreement was prepared and mailed out to Tracy Sonterre. NBI Office Development - The purchase agreement was prepared for the September 19th EDA meeting for approval. EPA Clearance of Institutional Controls - Staff has received acknowledgement from EPA in Chicago that they have sent the State Attorney General's office a document that they will remove the institutional controls placed on the Andover Station North parcels and establish a reduced set of requirements. The Attorney General's Office will be preparing a new set of documents that will be recorded against the property indicating there will be "Vapor Barrier" protection on all buildings in the northerly 80 acres and no ground water extraction will be allowed. The City Attorney is preparing the purchase agreements for all land sales to include this provision as a restrictive covenant. Ballfield Completion - The ballfields are on schedule to be completed by the end of September 2006. The ballfields will be ready for use in the summer of2007. . POV's Ballfield Netting - The contractor has been hired and will complete the installation of boles and netting along the edge of Jay Street adjacent to POV's ballfields by Wednesday, September 20th. The installation of the netting was agreed to by the City when the easement negotiations took place to assure Mr. Povlitzki that no balls from his fields would be hitting vehicles on Jay Street. ACTION REQUIRED This is an informational update to the EDA only, no action is needed. Respectfully submitted,...- ) Will Neumeister a/~ 2