Loading...
HomeMy WebLinkAboutDecember 2, 2003 ~NDbVE* '0 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US CITY OF ANDOVER ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING December 2,2003- 6:00 p.m. CONFERENCE ROOM A AGENDA 1. Call to Order 2. Approve Minutes - November 12,2003 3. Approve LMCIT Liability Coverage 4. Andover Station EDA Approval -- (City Attorney will describe at meeting): a) Authorization to convey Outlots D and E, Andover Marketplace East to the Andover Station Owners Association. b) Authorization to convey Outlots A and B, Andover Marketplace East to the City of Andover. c) Approval of the Amended and Restated DCCR's. ~) d) Approval of the amended articles of incorporation and bylaws of the Association. e) Resignation of the existing board members from the Association. f) Approval of the Estoppel letter for Walgreens (Net Lease Development LLC). g) Approval of the environmental indemnity for Walgreens (Net Lease Development LLC). h) Approval of the environmentalindemnity for United Properties Investment LLC for Outlot C. i) Approval of the environmental undertaking agreement for Andover Station Owners Association for Outlots D and E . j) Approval of a wetland mitigation easement on EDA property located north of Bunker Lake Boulevard. k) Appointing the new board member (City representative)to the Association. I) Discuss requested signs for Target andWalgreens to be located on Outlot A. m) Authorizing the Chairman and Executive Director to sign the documents with amendments approved by the attorney (and such other documents ar~ may be necessary to complete the this transaction). n) Approval of the sign easements for Walgreens over part of Outlot A. 0) Approval of architectural elevation drawings for Walgreens Store. p) Approval of architectural elevation drawings for Target Store. 5. Other Business 6. Adjourn 0 () ü 5'\NóbVË~ / \ \~! 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW,CI,ANDOVER,MN.US ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING DECEMBER 2, 2003 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, December 2,2003,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie Trude; Voting resident members Fred Larsen and Robert Nowak Absent: Non-voting resident member Edward Schultz Also present: Executive Director, John Erar Community Development Director, Will Neumeister City Finance Director, Jim Dickinson City Engineer, Dave Berkowitz City Attorney, William Hawkins Others ':,') APPROVAL OF MINUTES November 12,2003: Correct as amended. Commissioner Trude stated on page 3, eighth paragraph down, the sentence should read "She stated Anoka County is on the map because everything else is already sold out." Commissioner Trude explained she wanted the last paragraph on page three stricken. MOTION by Jacobson, Seconded by Orttel, approval of the Minutes as indicated above. Motion i carried unanimously. APPROVE LMCIT LIABILITY COVERAGE r ; Finance Director Dickinson explained the League of Minnesota Cities Insurance Trust (LMCIT) ; ¡ requests that participating cities and special authorities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. (J Motion by Jacobson, Seconded by Trude, to not waive the monetary limits on tort liability established by Minnesota Statute 466.04. Motion carried unanimously. 0 0 , 0 Andover Economic Deve lopment Authority Meeting Minutes - December 2, 2003 Page 2 ANDOVER STATION EDA APPROVAL Community Development Director Neumeister explained this agenda item consists of multiple authorizations and approvals that all relate to the Walgreens and Target Land transactions in Andover Station. The City Attorney will be present to describe the various actions that are requested of the EDA. Commissioner Orttel asked if they will be incurring additional liability with these items. Mr. Erar explained he would have City Attorney Hawkins review the documents. He stated their position remains the same as before. Mr. Erar stated the environmental indemnification remains consistent with how they proceeded with Festival Foods. The same terms and conditions are involved in this. Mr. Erar explained the City will retain control and ownership of the pond and will retain a seat on the Andover Marketplace Association. The agreement states the Association will pay for everything relating to the maintenance and improvements. Commissioner Trude stated this will not be a typical situation; it will be a unique situation. She does not want to see this happen at i Andover Station North because they are providing ponding without payment. Mr. Erar stated all (-'" of the grading, pond work, wetland mitigation is being paid for through their negation with \.J United Properties. The EDA does not incur any costs; this is a cost associated with purchasing the property. Commissioner Orttel asked if they were only getting paid for the cost of use able land. Mr. Erar stated this was true. Commissioner Trude stated most cities would collect a fee to take the storm water into a city park so this is a highly unique negotiating situation. City Attorney Hawkins explained the following items to the Commission: a. Authorization to convey Outlots D and E, Andover Marketplace East to the Andover Station Owners Association. City Attorney Hawkins explained Outlot D is going to be the private street that runs through the development. Outlot E is the green space on the corner. Mr. Erar stated United Properties has agreed to fund any improvements to Outlot E up to $25,000 so the EDA can decide what they want to see on that site. Commissioner Jacobson asked if this is in writing. Mr. Erar stated this will be included in the documents. (Commissioner Knight arrived at 6:09 p.m.) 0 Commissioner Jacobson stated Item L should be discussed and agreed upon before any of the , others because if this is not settled, none of this will matter. City Attorney Hawkins explained : this has been settled. , u () \ Andover Economic Development Authority Meeting :, ) Minutes - December 2, 2003 Page 3 Mr. Erar explained what was discussed and settled up to the time of the meeting. b. Authorization to convey Outlots A and B, Andover Marketplace East to the City of Andover. City Attorney Hawkins explained this is conveyance of all the outlots to the City and this will be the pond areas and the City will be responsible for those areas. They will have an agreement with 116 LLC to make a contribution to the cost of maintenance of the outlots. He stated 42.8 percent will be collected from the 116 LLC contributions. Commissioner Jacobson asked if this needed to be conveyed from the EDA to the City. City Attorney Hawkins stated that was correct. c. Approval of the Amended and Restated DCCR's. City Attorney Hawkins explained there is a substantial change to this. There has been a lot of discussion regarding voting rights, cross easements for access, parking and things of that nature. He was concerned they would still have control over the design of the facility. He explained the ,~) documents state there cannot be any changes unless the plans are reviewed by the City and they must comply with the Andover Station Design Standards. City Attorney Hawkins explained if they do not maintain the grounds, the City does have the ability to do the work and assess the cost back to them. City Attorney Hawkins stated there was concern from Commissioner Trude regarding being able to dissolve the Agreements and the members have rather sever restrictions that they have been, negotiating with cross easements and this is never going to be dissolved. Commissioner Jacobson asked if they approve this and a new business comes in, do they need to follow the design guidelines. City Attorney Hawkins stated they did. , ! d. Approval of the Amended Articles of Incorporation and Bylaws of the Association. City Attorney Hawkins explained they will be a voting member of the board but they cannot vote on anything that would affect the assessments against the property owner. e. Resignation of the Existing Board Members from the Association. 0 City Attorney Hawkins stated this will be reconstituted and they need to get everyone to resign from the Association. Commissioner Jacobson stated if they all resign, how will they get a new representative in. City Attorney Hawkins explained they will also be appointing a representative in the motion. u 0 :J Andover Economic Deve lopment Authority Meeting Minutes - December 2, 2003 Page 4 f. Approval of the Estoppel Letter for Walgreens (Net Lease Development LLC). City Attorney Hawkins stated this is a standard document the buyers want for a warranty. Commissioner Trude stated there are a couple of references to the fact that the MPCA would not allow a certain record (certificate of completion) to be filed and there is a way they are going to get around it. She wondered if this is an issue. City Attorney Hawkins stated the County is very difficult to deal with but this will get recorded. g. Approval of the Environmental Indemnity for Walgreens (Net Lease Development LLC). City Attorney Hawkins eXplained Items G and H are the same. These are the environmental indemnities and they are for one year. h. Approval of the Environmental Indemnity for United Properties Investment LLC for Outlot C. ¡,-, 1. Approval of the Environmental Undertaking Agreement for Andover Station ,-) Owners Association for Outlots D and E. J. Approval ofa Wetland Mitigation Easement on EDA Property Located North of Bunker Lake Boulevard. City Attorney Hawkins stated one of the original proposals was going to be a wetland mitigation easement. Walgreens feels comfortable that in the Estoppel letter the City has indicated they have complied with everything and will make sure this is done so this item has been stricken. Commissioner Trude asked if the property Walgreens is buying is a hole with water and this will be filled in for a building pad and they will build on this. Mr. Erar stated this is a performance issue between United Properties and Walgreens. City Attorney Hawkins stated there will also be an agreement contract with United Properties to make sure this gets done. City Engineer Berkowitz stated this will require an escrow before it can be worked on. , ! k. Appointing the New Board Member (City Representative) to the Association. I. Discuss Requested Signs for Target and Walgreens to be Located on Outlot A. City Attorney Hawkins explained this is an item that is being worked on. Mr. Erar stated they have worked with all the parties regarding the sign locations and they have agreed regarding the r~\ size and relative position of each of these. Mr. Erar stated the issue is allowing a modification of U the design guidelines, which are not recorded against the property. The signs are well within the j requirements of the City's zoning. As a retail center, they do need a sign that is visible and they are less than what has already been permitted out there. 0 0 :~) Andover Economic Development Authority Meeting '-- Minutes - December 2, 2003 Page 5 Mr. Erar explained that United Properties is looking at selling the piece on the northwest corner. They will be looking at a new bank and they will want a monument. He showed on the site plan where the monument signs will be placed on the property. Community Development Director Neumeister showed a color rendering of the Target sign which showed the size and placement. Mr. Erar explained the Target sign is within what has already been allowed for the cinema. Mr. Erar stated the reason why the Target and Walgreen's signs are coming in at 12 and 20 feet is because they are trying to accommodate the Andover Station logo at the bottom. He explained both signs will be in brick and very attractive. Mr. Nowak asked if both signs will be lighted. Mr. Neumeister stated they will be lit internally. Commissioner Jacobson asked if this was a standard sign for Target because some Target signs in other cities are smaller. Mr. Neumeister stated Target will have two signs on the property. Commissioner Trude asked if everyone will have their own sign. She thought they needed to r "\ have an overall plan for the signs in order to be fair to everyone located on the property including \ ,-,j the businesses already there. Commissioner Jacobson asked if these signs were proposed to be on City easements. City Attorney Hawkins stated they would be located on Outlot A. Mr. Erar stated the Association will be maintaining the property as well as Outlot A. Commissioner Jacobson asked why they are giving eighteen months for repair or replacement of a monument sign. Mr. Erar explained this would give them time given weather conditions to repair the sign and he believed it would be repaired before then because they will want a working sign for their business. City Attorney Hawkins stated all this has changed and he has not had time to review this. Commissioner Jacobson stated on item 19, the covenant will remain in force for 75 years. This seems like a long time and he wondered why it was for such a long time. City Attorney Hawkins stated he thought this had something to do with the life of the building. Commissioner Jacobson asked if Walgreen' s went out of business and another company bought the property, what would happen. City Attorney Hawkins stated they will still have a sign for the new business. r'\, Commissioner Knight asked what happens if twenty years down the road, Target leaves, what \.J would they do with an empty business. President Gamache stated they would probably redevelop it. Mr. Erar stated if this would happen, the City would make sure this would be maintained and continue to provide the value the community wants. o 0 --... Andover Economic Development Authority Meeting r \ ~'-_) Minutes - December 2, 2003 Page 6 Commissioner Jacobson asked if the easement is only for the Walgreen's site. City Attorney Hawkins stated this was true. Mr. Neumeister stated they have received an emaillate in the afternoon that the City Attorney has not had time to review which has a number of changes showing the allowances that need to be made to make sure both of them can be placed on the corner. Mr. Neumeister stated they want to make sure it meets dearview triangle setbacks at the corner for both the City and County transportation. He stated this is all done and the emails and verbal commitments are showing there is agreement there. Mr. Erar stated both Target and Walgreen's needs a confIrmation by the EDA stating that a 20 by 12 sign for Target and a 12 by 12 sign for Walgreen's will be permitted. City Attorney Hawkins stated this is set to close on December 16, 2003 and there are still negotiations on some of the terms of the amended and restated declaration of covenants that pertain to control issues between Target and Walgreens. There will be some changes to the sign easement and some other documents. m. Authorizing the Chairman and Executive Director to Sign the Documents with Amendments Approved by the Attorney. f" City Attorney Hawkins stated they are asking authorization for the Chairman and Executive \... j Director to sign any documents that have been approved by him. He stated there is nothing of substance that affects the EDA that he is aware of. Mr. Erar stated there are a lot of documents that Target and Walgreen's are working through but this does not affect the EDA in terms of the standards or guidelines that are out there with the exception of the signage. Commissioner Trude stated they did put a heavy burr den on the first properties that came into the site and she wanted to make sure everything is equal. Mr. Erar stated they are being very careful to make sure everything is consistent. Commissioner Jacobson asked if under the current City sign ordinance, do these proposals including the signage on the buildings, meet all of the current sign standards. Mr. Neumeister stated on the Walgreen's drawing, the east and south walls would be above their sign requirements. The City would need to give approval of the east and south wall sign age otherwise they would be above the standards. He stated Walgreens is aware they are over the standards. Target is below what is allowed by the Ordinance. Mr. Erar stated the Target Store represents higher standards than what is seen in other cities. Commissioner Jacobson does not mind the Walgreen's building but all the other buildings have banding around the building and Walgreen's does not. He would like to have them matching. ,,' "- , , '\.. J ~ n. Approval of the Sign Easement for Walgreens Over Part of Outlot A. o. Approval of Architectural Elevation Drawings for Walgreens Store. 0 0 "-,, Andover Economic Development Authority Meeting I . Minutes - December 2, 2003 i ) ....- . Page 7 p. Approval of Architectural Elevation Drawings for Target Store. Commissioner Trude stated she thought that what ever applied to the standards, should apply to everyone. Mr. Erar stated ifKnowlans or Festival would have come forward and asked for bigger signs on their buildings, they would have probably tried to work with them on that issue. Commissioner Trude stated they need fairness. Motion by Orttel, Seconded by Knight, approval of items A through P with the conditions under 0 that they are approving architectural elevation drawings of Walgreen's store but they are not approving the signs on the building and approval of the free standing signs for Target (2) allowing a 20 foot high and for Walgreen's up to what is allowed by sign code and eliminate Item J and appoint Commissioner Trude to the Board and the Executive Director as an alternate and a multi-tenant sign on the corner and the exact size, location and design to be determined later. Motion carried unanimously. Mr. Keith Ulstad of United Properties also wanted to make sure the Board was approving a multi-tenant sign allowed at the corner. Commissioner Jacobson stated he would like to see it . . fIrst. Mr. Ulstad stated he wants a sign there. Mr. Erar stated there is nothing preventing this in I ~ .... -' , the guidelines. OTHER BUSINESS There was none. Motion by Trude, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 6:55 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary .' " \ ! '_J