HomeMy WebLinkAboutEDA June 19, 2007
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1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
June 19,2007
6:00 p.m.
Conference Rooms A & B
AGENDA
1. Call to Order - 6:00 p.m.
2. Approval of Minutes (5/15/07 Regular Mtg.)
3. Consider Architectural / Site Plans (MVP Baseball Academy, Inc.)
o 4. Review Purchase Agreement (David Harman)
5. Update on Economic Development Activities
6. Other Business
7. Adjourn
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
TO:
~cono.mi~ Developme~t AU~Ority ~ ""/
. Jnn DIckinson, Executive DIrector ~
Vicki V olk, City Clerk ~
CC:
FROM:
SUBJECT:
Approval of Minutes
DATE:
June 19,2007
INTRODUCTION
The following minutes were provided by staff for approval by the EDA:
May 15,2007
Regular Meeting (Twistol absent)
DISCUSSION
Attached are copies of the minutes for your review.
ACTION REOUlRED
The EDA is requested to approve the above minutes.
Respectfully submitted,
U. IJ,r/b
Vicki V olk
City Clerk
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ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING
MAY 15,2007 - MINUTES
A Meeting of the Andover Economic Development Authority was called to order by President Mike
Gamache, May 15,2007,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Present:
Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie
Trude (arrived at 6:04 pm); and Voting resident member Robert
Nowak
Executive Director, Jim Dickinson and Voting resident member
Joyce Twistol
Cornmunity Development Director, Will Neumeister
City Engineer, Dave Berkowitz
Others
Absent:
Also present:
APPROVAL OF MINUTES
May 1, 2007
MOTION by Knight, Seconded by Orttel, approval of the Minutes as written. Motion carried
unanimously.
REVIEW LETTER OF INTENT (DA VID HARMAN)
Mr. Neumeister introduced David Harmon, Andy Stoner and Derrick Johnson representing
Sportsman's Grill House. They are interested in purchasing Lot 4, Block 3, Andover Station
North to build a full service restaurant.
Mr. Stoner made a power-point presentation of the Sportsman's Grill House. The building
would be either single or multi-level. The main level would be a full service restaurant and bar.
The upstairs being a full service sports bar and banquet area There would be an outdoor area.
The restaurant would have an outdoors feeling, non-smoking and be geared toward families.
The Sportsman's Grill House is not a franchise.
Commissioner Jacobson stated there are architectural design standards for Andover Station
North. The Sportsman's Grill House does not fit into those standards.
Mr. Neumeister stated whatever they design the building materials and architectural design have
to be approved.
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Andover Economic Development Authority Meeting
Minutes - March 6, 2007
Page 2
Mr. Neumeister explained the letter of intent.
MOTION by Jacobson, Seconded by Orttel, approval to authorize the City Attorney to prepare a
purchase agreement. Motion carried unanimously.
NAMING NEW BALL FIELD FACILITY/ANDOVER STATION NORTH
Discussion on naming the new ball field facility at Andover Station North.
MOTION by Jacobson, Seconded by Trude, to name the ball field facility, Andover Station
North Fields. Motion carried unanimously.
UPDATE ON ECONOMIC DEVELOPMENT ACTIVITIES
Mr. Berkowitz gave an update on the Hanson Boulevard construction and noted the Andover
Station North Fields building has a footing to grade permit.
Mr. Neumeister gave updates on the following:
Rudnicki's Retail Building- Mr. Rudnicki would like to put an addition on to his retail center.
Bruggeman Homes-Single unit townhomes have not been selling; Bruggeman is encouraged to
bring in another design.
Funeral Home Proposal-The title company found an encumbrance on the lots in Andover Station.
This encumbrance needs to be removed. The closing is still scheduled for May 22nd.
Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
adjourned at 7:00 p.m.
Respectfully submitted,
Michelle Hartner, Recording Secretary
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CLANDOVER.MN.US
TO:
EDA President and Board ~
Jim Dickinson, Executive Director ~
Will Neumeister, Director of Community Development ~
CC:
FROM:
SUBJECT:
Consider Architectural / Site Plans (M\'P Baseball Academy, Inc.)
DATE:
June 19,2007
INTRODUCTION
The land purchaser, John Larkin, has been working to prepare a site plan as well as an
architectural plan for the proposed MVP Baseball Academy.
o DISCUSSION
The EDA is asked to review the details and decide if they accept the developers proposed
site and architectural plans for the site that is being purchased by John Larkin and MVP
Baseball, Inc.
ACTION REOUESTED
The EDA is asked to review the proposed site and architectural plans and determine if
they agree with the design being proposed. If so, then authorize staff and the attorney to
proceed forward with closing on the land sale with the buyer, John Larkin.
Respectfully submitted,
~
Will Neumeister
Attachment
Site Plan
Architectural Plan
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
CC: Jim Dickinson, Executive Director
FROM: Will Neumeister, Director of Cornmunity Development u.d-.
SUBJECT: Purchase Agreement Review (David Harmon)
DATE: June 19,2007
INTRODUCTION
The City Attorney and staff have prepared the "draft" of the purchase agreement for the
land sale to Sportsmans Grill, Inc. (see attached).
DISCUSSION
The EDA is asked to review the details and decide if they are agreeable to the deal points.
ACTION REOUESTED
The EDA is asked to review the proposed language in the purchase agreement and make
any changes they feel are needed.
Respectfully submitted,
Will Neumeister
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Attachment
Purchase Agreement
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PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on ,
2007, by and between Andover Economic Development Authority, a body corporate and
politic, 1685 Crosstown Boulevard NW, Andover, Minnesota, Seller and Sportsmen's
Grill House, Inc., Buyer
2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to
sell real property legally described as follows:
Lot 4, 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.
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B.
Buyer is purchasing a vacant lot.
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4. PRICE AND TERMS. The price for the real property included in this sale:
Three Hundred Seventy Thousand Four Hundred Sixty Three and 50/100 Dollars
($370,463.50) 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
Three Hundred Sixty Five Thousand Four Hundred Sixty Three and 50/100 Dollars
($365,463.50) cash on or before November 15,2007, DATE OF CLOSING.
The purchase price is based on a net site area of 67,357 square feet (exclusive
of road easement). The price herein represents a per square foot price of $5.50 and of
that amount 10% is earmarked as park dedication fee. The remainder includes all land
costs, and assessments for sanitary sewer and storm sewers, streets, water mains,
sidewalks, trails and water area charges.
5. CONTINGENCIES. Buyer's obligations under this Purchase Agreement
are contingent upon the following: .
(a) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct
investigations and testing and Buyer shall be completely satisfied with the
environmental and soil conditions of the Property.
(b) Buyer shall have obtained all zoning, lan~ 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
o limitation, a full building permit for a building conforming to Seller's design standards
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which Buyer determines can be built for a price acceptable to Buyer, in Buyer's sole
discretion.
(c) Buyer shall have determined that the roads, utilities, points of access and other
infrastructure serving the Property will be adequate for Buyer's purposes.
In the event any of the above contingencies have not been satisfied or waived by Buyer
on or before the date of closing, this Agreement shall be voidable at the option of the
Buyer.
6. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall
execute and deliver a Warranty Deed conveying marketable title, subject to:
A. Building and zoning laws, ordinances, state and federal regulations;
B. Restrictions relating to use or improvement of the property without
effective forfeiture provisions;
C. Reservation of any mineral rights by the State of Minnesota;
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D. Utility and drainage easements which do not interfere with planned
improvements.
E. Declaration of Covenants filed by the Andover Economic
Development Authority.
7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate
taxes due and payable in and for the year of closing shall be prorated between Seller
and Buyer on a calendar year basis to the actual DATE OF CLOSING.
SELLER SHALL PAY on DATE OF CLOSING all special assessments for
street, storm sewer, sanitary sewer, water main and water area charges levied as of the
date of closing.
BUYER SHALL PAY real estate taxes due and payable in the year
following closing and thereafter and any special assessments levied and payable after
the date of closing. Seller makes no representation concerning the amount of future
real estate taxes or of future special assessments.
8. SELLER'S OBLIGATIONS.
(a) Seller warrants that there has been no labor or material furnished to the
property in the past 120 days for which payment has not been made. Seller warrants
that there are no present violations of any restrictions relating to the use or improvement
() of the property. These warranties shall survive the delivery of the warranty deed.
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(b) SELLER shall 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.
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 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.
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(b) Buyer shall provide to Seller, 30 days prior to the date of closing, financial
statements and such other documentation indicating that they have the financial
capability of constructing and operating the building identified in Exhibit A. Seller shall
have the right to determine the adequacy of the financial records submitted by Buyer
and shall, in its sole discretion, determine whether or not Buyer has the financial
capability to comply with the requirements of this section. In the event Seller is not
satisfied with the financial capabilities of the Buyer, Seller may, in its discretion,
terminate this agreement and all earnest money paid hereunder shall be refunded to
Buyer.
(c) 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 and 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 Title Commitment, certified to date to include
o proper searches covering bankruptcies, State and Federal judgments and liens. Buyer
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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 '!lade 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.
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If notice is given and Seller proceeds in good faith to make title
marketable but the 120 day period expires without title being made
marketable, Buyer may declare this Agreement null and void by
notice to Seller, neither party shall be liable for damages hereunder
to the other, and earnest money shall be refunded to Buyer.
C. If Seller does not give notice of intention to make title marketable,
or if notice is given but the 120 day period expires without title
being made marketable due to Seller's failure to proceed in good
faith, Buyer may seek, as permitted by law, anyone or more of the
following:
(1) Proceed to closing without waiver or merger in the deed of
the objections to title and without waiver of any remedies,
and may: (a) Seek damages, costs, and reasonable
attorney's fees from Seller as permitted by law (damages
under this subparagraph (a) shall be limited to the cost of
curing objections to title, and consequential damages are
excluded); or, (b) Undertake proceedings to correct the
objections to title;
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(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;
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(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.
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.
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19. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which
are normally allocated of Buyers and Sellers in a real estate transaction.
The Andover Economic Development
Authority agrees to sell the
property for the price and
terms and conditions
set forth above.
SELLER:
ANDOVER ECOMONIC DEVELOPMENT
AUTHORITY
I agree to purchase the property
for the price and terms and
conditions set forth above.
BUYER:
SPORTSMEN'S GRILL HOUSE, INC.
By: By:
Michael R. Gamache, President Its:
By:
James Dickinson, Executive Director
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(f)
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US
TO: EDA President and Board
CC: Jim Dickinson, Executive Director
FROM: Will Neumeister, Community Development Directort4-
SUBJECT: Update on Economic Development Activities
DATE: June 19,2007
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. The following is the update on activities:
Rudnick's Retail Building - He is still marketing to fill the spaces.
Bruggeman Homes - Sales are doing well on the multi-unit townhomes.
Funeral Home Proposal - They closed on the land sale on May 22nd. They are in the process of preparing
the site plans.
OffICe Development - The staff has begun to market the site to office developers. There is some interest in
building a 5,000 square foot building with the potential to add up to four or five other buildings that would be
condo'd.
MVP Baseball (John Larkin) - Purchase agreement is signed and they are working on the architectural and
site plans. The EDA has those plans before them for review and approval.
Light Industrial Building (Dynamic Sealing Technologies) - The final form of the purchase agreement is
before them for signature. They indicate that they will sign it very soon and have hired an architect to begin
designing the building and prepare a site plan.
OffICe Development (Northstar Partners) - They have been pursuing office developerslbanks. The most
promising prospect has backed away from making any serious efforts to locate in that space. The EDA will
be kept informed of any potential buyers as they materialize.
Restaurant Prospects - At the last meeting the EDA heard a proposal for a restaurant from Sportsmans Grill,
the City Attorney has written the purchase agreement and that is before the EDA for review and approval.
The other restaurant has not begun any other negotiations however staff has talked to them about their
architecture matching the retail strip center built by Louis Rudnicki and keeping it to a one level design.
ACTION REOUESTED
This is an informational update to the EDA only, no action is needed.
Respectfully submitted,
Will Neumeister 0L