Loading...
HomeMy WebLinkAboutEDA - June 3, 2014N O D VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV ECONOMIC DEVELOPMENT AUTHORITY MEETING June 3, 2014 6:30 p.m. Conference Rooms A & B 1. Call to Order — 6:30 p.m. 2. Public Hearing — Parkside at Andover Station 2 - Land Sale a. Approve Purchase Agreement — Povlitzki Properties, LLC 3. Andover Station North Update (verbal) 4. Redevelopment Discussion Update (verbal) 5. Other Business 6. Adjournment NDOq^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US TO: EDA President and Board CC: Jim Dickinson, Executive Director FROM: David L. Carlberg, Community Development Director SUBJECT: Public Hearing on EDA Land Sale: Lots 1 -6, Block 3, Parkside at Andover Station 2 DATE: June 3, 2014 According to State Statute, the EDA must hold a public hearing prior to any land sale. Lots 1 -6, Block 3, Parkside at Andover Station 2 are being sold. The legal notice has been published at least ten days prior to this meeting (on 5/23/14). ACTION REQUESTED The EDA is requested to open the public hearing and request public comment. Upon receiving public comment, the EDA may close the public hearing and discuss the proposed resolution. The EDA should pass a resolution indicating it is in the public's interest to sell the property and that the specified intended use of the parcels is in keeping with the interest of the City of Andover EDA to further the development of Andover Station North area which includes the Parkside at Andover Station additions (see attached resolution). Staff recommends the land sale be completed as the sale meets the original objective of developing the area with a diversity of housing opportunities that will meet the needs of the broader community. ACTION REQUIRED The EDA is requested to hold a public hearing and take public comment on the proposed land sale. The EDA is also requested to review and consider the attached resolution. If the EDA agrees with the findings in the resolution, a motion to approve the resolution and allow the land sale would be in order. Respectfully submitted David L. Carlberg Attachments Legal Notice Resolution Location Map NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The Economic Development Authority of the City of Andover will hold a public hearing at 6:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 3, 2014 at the Andover City Hall, 1685 Crosstown Blvd NW, Andover, MN. This public hearing is to discuss the land sale of Lots 1 -6, Block 3, Parkside at Andover Station 2 located on 139`, Avenue NW. The land sale will be reviewed to determine if the land sale is in keeping with the intent outlined in Minnesota State Statute 469.105. All written and verbal comments will be received at that time and location. A copy of the proposed land sale information will be available for review prior to the meeting at City Hall. Please contact David L. Carlberg, Community Development Director, with any questions at (763) 767- 5140. -12 &Z. avid L. Carlberg, Community evelopment Director Publication date: May 23, 2014 CITY OF ANDOVER EDA COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. -14 A RESOLUTION APPROVING THE LAND SALE OF PARCELS LOCATED IN PARKSIDE AT ANDOVER STATION 2 WHEREAS, the City of Andover EDA has held a public hearing to gather public comments on the proposed land sale and to disclose the pending land sale of Lots 1 -6, Block 3, Parkside at Andover Station 2, and WHEREAS, the findings substantiating that it is in the public interest to sell the EDA owned parcels to the buyer include the following: The land sale meets the original objective of developing the area with a diversity of housing opportunities that will meet the needs of the broader community: NOW, THEREFORE, BE IT RESOLVED by the EDA of the City of Andover, Anoka County, Minnesota, that the public hearing has been held and it has been found to be in the public's interest to sell EDA owned land described as Lots 1 -6, Block 3, Parkside at Andover Station 2. Adopted by the EDA of the City of Andover this 3d day of June, 2014. CITY OF ANDOVER EDA Michael R. Gamache, President Attest: Michelle Hartner — Deputy City Clerk C 1 O F NI D1' O Map N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E that compiles records, information, and data from various city, county, state and federal resources. Copyright © 2013 City of Andover, All Rights Reserved s Printed 05/29/2014 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 DirecYDevement FROM: David L. Carlberg, Community Director SUBJECT: Approve Purchase Agreement with Povlitzki Properties, LLP - Lots 1 -6, Block 3, Parkside at Andover Station 2 DATE: June 3, 2014 The EDA is requested to approve the attached Purchase Agreement with Povlitzki Properties, LLP for the sale of Lots 1 -6, Block 3, Parkside at Andover Station 2 BACKGROUND The EDA earlier on tonight's agenda, held a public hearing and adopted a resolution approving the land sale. The EDA found that it is in the public's interest to sell the property and that the specified intended use of the parcel is in keeping with the interest of the City of Andover EDA to further the development of Andover Station North area. Staff recommends the land sale be completed as the sale meets the original objective of redeveloping the area with a diversity of different uses that will meet the needs of the broader community. ACTION REQUESTED The EDA is requested to approve the attached Purchase Agreement (subject to final review by the City Attorney) and direct Staff to complete the land sale. Respectfully submitted, David L. Carlberg Attachments Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on June 3. 2014, by and between Andover Economic Development Authority, a body corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, ( "Seller ") and Povtitzki Properties, LLP, a Minnesota limited liability partnership, 13643 Jefferson St. NE, Ham Lake, MN 55304 ( "Buyer"). 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell real property legally described as follows: Lots 1 -6, Block 3, Parkside at Andover Station 2, according to the recorded plat thereof, Anoka County, Minnesota. Subject to, and together with, easements of record. (hereinafter collectively referred to as the "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 vacant lots. 4. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Seventy Five Thousand and 00 /100 Dollars ($75,000), which Buyer shall pay as follows: Earnest money of Ten Thousand and no /100 Dollars ($10,000) by check or other immediately available funds payable to Seller upon Buyer's execution and delivery of this Agreement, and Sixty Five Thousand and 00 /100 Dollars ($65,000) cash or other immediately available funds on or before September 1, 2014 ( "Date of Closing "), subject to the contingencies in paragraph 5 below, for which Buyer can reasonably extend the Date of Closing. Buyer shall have 60 days from the date of this Agreement within which to complete its due diligence. Thereafter, the earnest money shall become non - refundable. 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, as determined by Buyer in Buyer's sole discretion. Buyer shall indemnify and hold Seller harmless from all loss, cost, damage and expense (including court costs and reasonable attorney's fees) that Seller may suffer or incur as a result of Buyer's entry onto and investigation and testing of the Property, and Buyer's obligation under this sentence shall survive Closing. (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. (c) Buyer shall have determined that the roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (d) On or before the Date of Closing, Title shall have been found acceptable, in accordance with the requirements and terms of Sections 12 and 13 below. (e) Buyer, on or before the Date of Closing, shall have received, reviewed and determined that it is satisfied with the matters disclosed by the survey of the Property. (f) The representations and warranties made by Seller in Section 8 shall be correct as of the Date of Closing with the same force and effect as if such representations and warranties were made at such time.. 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 Limited 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 which do not interfere with Buyer's intended use of the property; C. Reservation of any mineral rights by the State of Minnesota; D. Utility and drainage easements which do not interfere with Buyer's intended use of the property. 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 and sewer area charges and any and all other special assessments against the Property levied and pending 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 REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Property and that Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of any, violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property or any portion thereof; and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property, or any portion thereof. (d) 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. (e) (1) The Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property and (B) to Seller's knowledge, is not in, or with any applicable notice and/or lapse of time, and/or failure to take certain curative or remedial actions, will not be in violation of any Environmental Laws (as herein defined). (2) Seller shall not allow, prior to the Date of Closing, any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall immediately notify Buyer should Seller become aware of (A) any Hazardous Substance or other environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. 3 As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other applicable, federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes collectively hereinafter referred to as "Environmental Laws "). (f) No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property, or any portion thereof. (g) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no tenants, persons or entities occupying any portion of the Property and no claim exists against any portion of the Property by reason of adverse possession or prescription. (h) To the best of Seller's knowledge (i) there is no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like, (other than general real estate taxes, sewer connection fee, sewer availability charge and water unit connection charge, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iii) there is no unexecuted paving agreement or undertaking with any government agency respecting construction or any acceleration or de- acceleration lane, access, or street lighting. If, prior to the Date of Closing, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement without further liability by giving written notice thereof to Seller, in which event the earnest money shall promptly be returned to Buyer. 9. BUYER'S REPRESENTATIONS AND WARRANTIES. (a) Buyer is a Minnesota corporation and has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; this Agreement is valid, binding and enforceable against Seller in accordance with its terms. M (b) 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, subject to the express warranties herein contained, accepted that Property in "AS IS" and "WHERE IS" condition with any and all faults, except as specifically provided in this Agreement. 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, except as specifically provided otherwise in this Agreement. Buyer's acceptance of title to the Property shall represent Buyer's acknowledgment and agreement that, except as expressly set forth in this Agreement or the closing documents: (i) Seller has not made any written or oral representation or warranty of any kind with respect to the Property (including without limitation express or implied warranties of title, merchantability, or fitness for a particular purpose); (ii) Buyer has not relied on any written or oral representation or warranty made by Seller, its agents or employees with respect to the condition or value of the Property; (iii) Buyer has had an adequate opportunity to inspect the condition of the Property, including without limitation, any environmental testing, and to inspect documents applicable thereto, and Buyer is relying solely on such inspection and testing; and (iv) the condition of the Property is fit for Buyer's intended use. 10. 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. 11. POSSESSION. Seller shall deliver possession of the property not later than Date of Closing. 12. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Seller shall furnish to Buyer a commitment ( "Title Commitment ") for a 2006 Form ALTA Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, insuring title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of Seventy Five Thousand and 00 /100 Dollars ($75,000) issued by a title insurance company acceptable to Buyer, subject only to the Permitted Encumbrances. B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. 13. 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 5 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 Date of Closing, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may, as its sole remedy, cancel this contract as provided by statute and retain Buyer's earnest money. C. 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) Cancel this contract as provided by statute and receive a return of Buyer's earnest money from Seller; or (2) Seek specific performance within six (6) months after such right of action arises. D. If Buyer gives Seller written notice of Buyer's title and survey objections, and Seller (i) elects not to cure such defects, (ii) commences to cure but fails to cure such defects to completion within 120 days, or (iii) fails to notify Buyer within ten (10) business days of receipt of Buyer's written objections, the Seller shall be deemed to have elected not to cure Buyer's title objections and title shall be unmarketable; in such event, Buyer shall be permitted to cancel this Agreement by providing written notice to Seller. Upon Buyer's delivery of its notice to terminate the Agreement under this Section 13(D), Buyer's earnest money shall be refunded to Buyer within five (5) days and the Parties shall have no further liability to each other except that which expressly survives termination of this Agreement. Buyer's right to terminate this Agreement and receive a refund of its earnest money for want of marketable title shall apply even after expiration of the sixty (60) day inspection period provided to Buyer in Section 4 of this Agreement. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All notices required herein shall be in writing, and shall be deemed to have been given on the earlier to occur of when personally delivered to the addressee, or when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and mailed to the address as shown at paragraph 1 above. Either party may change the address(es) to which notice to such parry thereafter shall be given, by providing notice of such change to the other party. Any written notice given in a manner other than as provided in ns this Section 14 shall be effective only upon actual receipt by the addressee(s). A fax (telecopy) shall be deemed written notice provided the receipt thereof is electronically confirmed by the sending machine and an original, manually signed original of such notice also is given on the date of such fax transmission. 15. ASSIGNMENT. This Agreement, and rights hereunder, may be sold, assigned or transferred at any time by Buyer to Buyer's parent, affiliates or subsidiaries, any party that merges or consolidates with Buyer or its parent, or any entity which acquires substantially all of the assets of Buyer, without the consent of Seller. As to other parties, this Agreement may not be sold, assigned, or transferred without the prior written consent of Seller, with such consent not to be unreasonably withheld or delayed. For purposes of this paragraph, a "parent," "affiliate" or "subsidiary" means an entity which directly or indirectly controls, is controlled by or under common control with Buyer. In the event of a sale, assignment or transfer to a parent, affiliate or subsidiary, Buyer shall remain liable for the full performance of Buyer's obligations hereunder unless Seller expressly releases Buyer from such liability in writing. 16. WELLS, STORAGE TANKS, AND SEPTIC SYSTEMS. Seller certifies to Buyer that Seller does not know of any wells, private septic systems, or underground storage tanks located on or serving the Property. 17. BROKERAGE. Buyer and Seller each represents and warrants to the other that it has not caused the other to incur any brokerage commission or other third party compensation in connection with the transactions contemplated by this Agreement. Buyer and Seller each agrees to indemnify and hold the other harmless for costs or damages incurred by the indemnified party arising out of a breach by the indemnifying party of any representation or warranty under this Section 17. 18. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction. 19. CAPTIONS. The captions contained herein are for convenience only and are not a part of this Agreement. 20. MISCELLANEOUS PROVISIONS. A. Attorneys' Fees and Jury Waiver. If either Party shall be required to employ an attorney to enforce or defend the rights of such Party hereunder, the prevailing Party shall be entitled to recover reasonable attorneys' fees. EACH PARTY HERETO WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BROUGHT BY ANY PARTY IN CONNECTION WITH ANY MATTER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS CONTRACT, THE RELATIONSHIP OF BUYER AND SELLER HEREUNDER OR THE PROPERTY. 7 B. Integration. This Agreement contains the complete agreement between the Parties and cannot be varied except by the written agreement of the Parties. The Parties agree that there are no oral agreements, understandings, representations, or warranties which are not expressly set forth herein. C. Binding Effect. This Agreement shall inure to the benefit of and bind the Parties hereto and their respective heirs, representatives, successors, and assigns. D. Interpretation. The Parties acknowledge and agree that each has been given the opportunity to independently review this Agreement with legal counsel, and/or has the requisite experience and sophistication to understand, interpret, and agree to the particular language of the provisions hereof. The Parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of any ambiguity in or dispute regarding the interpretation of this Agreement, the interpretation of this Agreement shall not be resolved by any rule of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the draftsman. This Agreement shall be construed in accordance with the laws of the State of Minnesota. E. Counterpart. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original and together shall constitute one and the same instrument. 21. ENTIRE AGREEMENT. This Agreement, including any exhibits attached hereto, contains the entire agreement between Seller and Buyer. All other representations, negotiations and agreements, written or oral, with respect to the Property or any portion thereof, are superseded by this Agreement and are of no force and effect. This Agreement may be amended and modified only by a written instrument executed by both parties hereto. 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 Lo James Dickinson, Executive Director I agree to purchase the property for the price and terms and conditions set forth above. BUYER: POVLITZKI PROPERTIES, LLP Its: Lo 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: EDA FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for June 3, 2014 EDA Meeting DATE: June 3, 2014 The EDA is requested to receive the following supplemental information. Add -On Item. Approval of Minutes (May 20, 2014) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755.8923 • WWW.AN DOVE RM N.GOV TO: Economic Development Author CC: Jim Dickinson, City Administr: FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: June 3, 2014 The following minutes were provided by TimeSaver reviewed by Administration and submitted for EDA approval: May 20, 2014 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The EDA is requested to approve the above minutes. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: Minutes i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER ECONOMIC DEVELOPMENTAUTHORITYMEETING MAY 20, 2014 - MINUTES The meeting of the Andover Economic Development Auf Mike Gamache, May 20, 2014, 6:30 p.m., at the Andover NW, Andover, Minnesota. Present: Commissioners N Cleven and Joyce Absent: Sheri Bukkila Also present: Executive Directc Community Deve SWEAR IN COMMISSIONER IWISTOL" President Gamache administered the APPROVAL OF May 6, 1 abstain by to Dickinson called to order by President 1685 Crosstown Boulevard Julie Trude, Timothy , Dave Twistol. 6, 2014 minutes as presented. Motion PUBLIC HEARING — ANDOVER STATION NORTH 2ND ADDITION LAND SALE Mr. Carlberg reviewed the stafffeport with the Commission. Mr. Carlberg indicated the resolution to approve°te land sate needs to be amended to correct the lot and block reference. He noted the advertisement for the public hearing did have the correct lot and block reference. Mr. Marshall Weems was at the meeting. Motion by Trude, seconded by Knight, to open the public hearing at 6:33 p.m. Motion carried unanimously. No one wished to address the Commission. Motion by Twistol, seconded by Howard, to close the public hearing at 6:34 p.m. Motion carried unanimously. Andover Economic Development Authority Meeting Minutes — May 20, 2014 Page 2 2 Commissioner Twistol thought this was a great opportunity for the EDA. Commissioner Trade 3 stated if the developer decides to assign the purchase agreement the EDA should have the right 4 to review the assignment, particularly if a change of use is proposed. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Motion by Trade, seconded by Howard, to approve the land sale resolution with lot and block amendments as recommended by City staff. Motion carried unanimously. (See EDA Resolution R001 -14) APPROVE PURCHASE AGREEMENT — MISSION DEVELOPMENT Mr. Carlberg reviewed the staff report with the Commission. Commissioner Trade asked if the drive isle between the proposed building and Blue Fin will stay so they can get to the back of the buildings. Mr. Carlberg stated there will be parking in the front with a drive isle going behind it. It will either go through or all the way around to the back of the building. Mr. Carlberg stated the second component that they included in the purchase agreement was there is potential for the Great River Energy site to develop so they want to make sure the same cross access agreement is in place prior to the September 24, 2014closing date. Mr. Dickinson stated he has already discussed the possibility of development and access with Great River Energy so this will not be a surprise to them. Mr. Carlberg did not think there would be a problem with a cross access agreement because it would benefit both properties. President Gamache wondered if they should purchase the Great River property so it will be marketed the same as the rest of the area. Mr. Dickinson stated they will work the cross access easement out and the EDA could facilitate a development proposal, but the EDA would not need to purchase the property to do so. President Gamache stated he wants to make sure they have the same design guidelines as to what has already been done in Andover Station North. Commissioner Knight stated they need to make sure there is enough parking throughout the entire area. Mr. Carlberg stated staff would make sure that each user has sufficient parking for their use. Commissioner Trade stated the point she wanted to stress is there is an assignment clause that does require the EDA's approval if the purchase agreement is assigned to someone else. She does not know who the apparent subsidiaries or affiliates are or if they would create them. Mr. Weems indicated they were buying the property as Mission Development LLC and by September they will create another LLC for the construction and owning it. Commissioner Trade wondered if something could be incorporated in the first page or where they have the promises. She thought they should add another sentence that if plans were to Andover Economic Development Authority Meeting Minutes — May 20, 2014 Page 3 1 change, approval would be required by the Executive Director of the EDA or the assignments 2 would need to be reviewed by the Executive Director of the EDA. 4 Motion by Trude, Seconded by Knight, the EDA authorizes the signatures on the purchase 5 agreement with language added that requires that any assignment would require approval by the 6 Executive Director of the EDA. Said changes are to be made by the City Attorney to the 7 purchase agreement. Motion carried unanimously. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ANDOVER STATION NORTH UPDATE Mr. Carlberg updated the Commission on Andover Station North — Measurement Specialties. Mr. Dickinson updated the Commission on the four plex site along with the small outlot adjacent along 139h Avenue in the Parkside at Andover Station Development. There is a proposed purchase from Povlitzki Properties LLP for the development of single family homes. President Gamache thought it would be nice on the west side of the Povlitzki property to keep a buffer of trees so when the new development butts up to the old development there is a buffer of woods. REDEVELOPMENT DISCUSSION UPDATE There was no update. OTHER BUSINESS There was none. 29 ADJOURNMENT 30 31 Motion by Commissioner Knight, Seconded by Commissioner Howard, to adjourn. Motion 32 carried unanimously. The meeting adjourned at 7:00 p.m. 33 34 Respectfully submitted, 35 36 Sue Osbeck, Recording Secretary 37