HomeMy WebLinkAboutNovember 21, 1995
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~ 01 ANDOVER 1685 Crosstown Blvd. N.W. . Anoka, Minnesota 55303 · (612) 755-5100
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ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING
NOVEMBER 21, 1995 - MINUTES
A Meeting of the Andover Economic Development Authority was called to
order by Mayor Jack McKelvey on November 21, 1995, 8:10 p.m. , at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Present: Councilmembers Dehn, Jacobson, Knight, Kunza
Absent: None
Also present: City Attorney, William G. Hawkins
City Engineer, Scott Erickson
City Finance Director, Jean McGann
City Administrator, Richard Fursman
Others
PURCHASE ANDOVER AUTO PARTS
Attorney Hawkins explained an agreement has been reached with Robert and
Bonnie Pears, owners of Andover Auto Parts. The property is currently
occupied by Jerry Haluptzok. The purchase price is $259,605, plus the
City will pay the assessments for Commercial Boulevard and the
improvements put in by the City in the last year. An issue in the past
has been the $10,000 interest on the assessments. The Pears' have
agreed to pay that interest. The closing date is set for January, but
the City will enter into a lease with Mr. Haluptzok allowing him to stay
there until the end of May. Mr. Haluptzok will be paying rent during
that time and will vacate the premises and all automobiles by May 31.
The amount of the rent will probably be $1,600 month, which is what he
is paying now. Mr. Hawkins will draft a lease agreement and negotiate
the rent, which will be brought back to the EDA for action.
Councilmember Jacobson questioned Items d and e on Page 4, as it appears
all equipment must be removed prior to closing. How will Mr. Haluptzok
be able to operate without equipment? Mr. Hawkins explained those items
refer to the equipment owned by Mr. Pears personally, not those of Mr.
Haluptzok. Mayor McKelvey asked for a motion to enter into a purchase
agreement with Mr. and Mrs. Pears.
MOTION by Dehn, Seconded by Kunza, to so move. Motion carried
unanimously.
EXPAND EDA
Mr. Fursman asked the EDA to consider expanding the Authority to appoint
citizens. The thought is to include individuals with backgrounds which
could be helpful in making decisions on the future economic development
/ of the City. Councilmember Jacobson was concerned that certain
expenditures of the TIF funds require a 4/5 vote of the Authority. If
the EDA is expanded by two more people, would the vote then need to be
6 out of 7 members? Secondly, he recommended one of the members be the
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Regular Economic Development Authority Meeting
Minutes - November 21/ 1995
Page 2
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(Expand EDA/ Continued)
chairperson of the Planning and Zoning Commission because of the
planning that goes into economic development. He suggested the second
person be someone experienced in economic development activities. A
drawback to adding citizens to the EDA is the meeting times. It may not
be convenient for them to attend Council meetings and have to wait until
the EDA meets.
Mr. Fursman stated an idea may be to have the EDA meet prior to the City
Council meeting once a month, starting at 6 p.m. Or start the EDA at 7
and change the regular Council meeting to 7:30 or 8 p.m. The EDA items
would be handled in front of the Council agenda. Mr. Hawkins stated the
EDA By-Laws would be changed to reflect the new membership and a change
in the vote requirement. Where it now reflects a 4/5 vote required, it
would require an extraordinary majority requirement of 5 out of 7 votes.
Several members felt it may be unnecessary and too difficult to attend
a 6 p.m. meeting once a month.
MOTION by Knight, Seconded by Kunza, to enlarge the EDA to seven. That
one of those be the Chairman of the Planning and Zoning Commission. The
other being an applicant from the community with experience in financial
matters. That the majority be left as 5 in all voting; and that the EDA
have a special meeting prior to the City Council each third meeting if
) there are things to consider. The By-Laws of the EDA be changed to
reflect those changes.
AFTER DISCUSSION, Councilmember Knight amended the motion to "the EDA
meeting would be scheduled at the head of the Council agenda when
scheduled as needed. Where an extraordinary vote is needed, now we
would make it five out of seven; but the other matters would require a
simply majority as it is now". Motion carried unanimously.
BEST AUTO PARTS
Mr. Fursman recalled the EDA authorized a study of Best Auto Parts for
soils contamination. Small levels of contamination were found in the
ground water directly below some contaminated soil samples. The City is
being advised to do further study and have water samples taken via a
different method, as it may be possible that the first sample may have
been contaminated because of its method of collection. The
contamination was found at only one source on the entire site. It will
take a few months until anything conclusive is determined. If there is
contamination because of something in the past, the WDE Group would have
to assume all responsibility for the clean up. The WDE Group is the
responsible party through 1997, and their action plan calls for
continuous monitoring of the site through then. The WDE Group will be
approaching the EPA in Chicago, and he thought they will recommend
additional wells be drilled and further tests to see if the level of
,I contamination is something to be concerned with.
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Regular Economic Development Authority Meeting
Minutes - November 21, 1995
'. Page 3
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(Best Auto Parts, Continued)
In the mean time, the owners of Best Auto Parts have completely cleaned
out the lot, liquidated their inventory and their building and are
anxious to start business at their new location. The people at the new
location will not close because Best Auto Parts does not have any money
to close with. Mr. Fursman believed they have been operating in good
faith. The owners have agreed to an escrow for any potential cleanup.
The City is developing an escrow account to be held until an all clear
or action plan on how to deal with the hazard is received from the EPA
on the additional studies. Once that is received, the escrow would be
released.
Mr. Fursman proposed $40,000 in escrow. He based that on the fact that
the clean up of the ATV site, which consisted of taking several inches
of dirt off of the entire property and hauling it away, much of it out
of state, cost $63,000. The potential hazard at Best Auto Parts seems
minimal compared to that. If the EDA approves, the sale will be closed
with Best Auto Parts.
Attorney Hawkins advised potentially there is some exposure, but the
best indications are that it isn't likely the case. He is comfortable
with this procedure, and Mr. Fursman appears to be satisfied with the
$40,000 figure based on the clean up of the ATV site. However, there is
/ no guarantee that the escrow amount will be enough.
MOTION by McKelvey, Seconded by Jacobson, to proceed with the buyjng of
the Best Auto Parts with the holding of $40,000 in escrow for any
possible clean up costs. Motion carried unanimously.
MOTION by Dehn, Seconded by Knight, to adjourn. Motion carried
unanimously.
The EDA meeting was adjourned at 8:40 p.m.
Respectful~,
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Ma ella A. Peach
Recording Secretary
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