HomeMy WebLinkAboutEDA January 2, 2008
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
January 2,2008
6:00 p.m.
Conference Rooms A & B
AGENDA
1. Call to Order - 6:00 p.m.
2. Approval of Minutes (12/18/07 Regular Mtg.)
3. Organizational Items
4. Purchase Agreement Time Extension (MVP Baseball Academies)
5. Review Purchase Agreement (Griffen Business Holdings)
6. Area Identification Signs (Andover Station North)
7. Update on Economic Development Activities
8. Legislative Research Update
9. Other Business
10. Adjourn
C I T Y o F
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NDOVE
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: January
2, 2008
INTRODUCTION
The following minutes were provided by staff for approval by the EDA:
December 4, 2007
Regular Meeting (Orttel, Twistol absent)
DISCUSSION
Attached are copies of the minutes for your review.
ACTION REOUIRED
The EDA is requested to approve the above minutes.
Respectfully submitted,
ILL' iJdZ
Vicki V olk
City Clerk
I
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3
4
5
6 ANDOVER ECONOMIC DEVELOPMENT AUTHORITY
MEETING
7
DECEMBER 4,2007 - MINUTES
8
9
10 A Meeting of the Andover Economic Development
Authority was called to order by Vice President
11 Julie Trude, December 4,2007,6:02 p.m.,
at the Andover City Hall, 1685 Crosstown Boulevard
12 NW, Andover, Minnesota.
13
14 Present:
President Mike Gamache (arrived at 6:09 p.m.) Commissioners
15
Don Jacobson, Mike Knight, and Voting resident member Robert
16
Nowak
17 Absent:
Commissioner Ken Orttel and Voting resident member Joyce
18
Twistol
19 Also present:
Executive Director, Jim Dickinson
20
Community Development Director Will Neumeister
21
City Engineer Dave Berkowitz
22
Others
23
24
25 APPROVAL OF MINUTES
26
27 November 20, 2007 Regular Meeting: Correct
as written.
28
29 Motion by Jacobson, Seconded by Knight,
approval of the Minutes as written. Motion carried
30 unanimously.
31
32
33 UPDATE ON ECONOMIC DEVELOPMENT ACTIVITIES
34
35 Mr. Neumeister gave updates on the following:
36
37 Rudnicki's Retail Building - No interest
in expanding the retail building at this time.
38
39 Office/Day Care Site - Mr. Nagwani has
not contacted staff since the last meeting.
40
41 Funeral Home - Exterior brick has been
completed.
42
43 MVP Baseball (John Larkin) - Mr. Neumeister
introduced Mr. Larkin. Mr. Larkin explained he
44 has an investor who would buy the property,
construct the building then lease the building to Mr.
45 Larkin. Mr. Larkin is requesting the
purchase agreement be assigned from Mr. Larkin to the new
46 investor.
47
48 Mr. Dickinson stated all terms on the
purchase agreement would remain the same; the only thing
Andover Economic Development Authority Meeting
Minutes - December 4, 2007
Page 2
1 changing would be the name.
2
3 Motion by Jacobson, Seconded by Trude,
to approve the assignment of the purchase agreement
4 from MVP Sports Academy to the new investor
contingent on presentation to the Executive
5 Director of the lease between MVP and
investor. Motion carried unanimously.
6
7 Dynamic Sealing Technologies - A commercial
site plan has been submitted and construction
8 will begin in the spring.
9
10 Tasty Pizza - Mr. Brenk will continue
to look at other locations.
11
12
13 APPROVE REVISED PROMISSORY NOTE
14
15 Motion by Jacobson, Seconded by Knight,
to approve the revised promissory note requiring the
16 interest payment from Bruggeman Homes.
Motion carried unanimously.
17
18
19 DISCUSS REDEVELOPMENT OPPORTUNITIES
20
21 Mr. Dickinson stated there is nothing
new to report.
22
23 OTHER BUSINESS
24
25 Commissioner Jacobson stated at the
elected officials meeting the county presented their
26 legislative proposal for the upcoming
session. In the proposal the county wants the authority to
27 approve all plats that enter or exit
on county roads. Commissioner Jacobson does not agree with
28 this proposal and believes the EDA should
send a letter to the county stating so.
29
30 Mr. Dickinson stated having both EDA
and City Council send a letter wouldn't hurt.
31
32 President Gamache suggested looking
at the League of Minnesota Cities and AMM to see where
33 this bill stands. Also looking at other
cities for support.
34
35 Mr. Dickinson will research and report
at the next meeting.
36
37 Motion by Jacobson, Seconded by Knight,
to adjourn. Motion carried unanimously. The meeting
38 adjourned at 6:34 p.m.
39
40 Respectfully submitted,
41
42 Michelle Hartner, Recording Secretary
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NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President & Commissioners
FROM: Jim Dickinson, Executive Director
SUBJECT: Organizational Items
DATE: January 2,2008
INTRODUCTION
The terms for commissioners that are also council members will coincide with that
commissioner's City Council seat.
The terms for resident member commissioners. are six (6)
years.
DISCUSSION
Attached is the Andover EDA membership listing with current term expiration. At a recent City
Council meeting the Council directed staff to request commissioners whose terms were expiring
at the first of the year to serve until either reappointed or replaced.
The EDA should discuss whether or not there is a need to change any of the officer positions
(President, Vice President, Secretary, Treasurer, and Assistant Treasurer).
ACTION REOUESTED
The EDA is requested to review the attached data and provide direction to staff.
Andover Economic Development Authority
Public Copy
Mike Gamache - President VOTING RESIDENT
MEMBERS
2815 -134 Avenue NW
Andover, MN 55304 Robert Nowak, Sr.
H. 757-6060 1306 -141 Lane NW
Email home - cmgamachera2ci.andover.mn.us
Andover, MN 55304
H.434-4371
Term Expires 1-6-09
Term Expires 1/1/08
Don Jacobson - Secretary Joyce Twistol
13335 Uplander Street NW 1518 139th
Lane NW
Andover, MN 55304 Andover, MN 55304
H. 434-3401 H. 755-8488
Email address - cmiacobson@ci.andover.mn.us
Term Expires 1/1/08
Term Expires 1-4-11
Mike Knight - Treasurer
4660 - 175th Ave NW
Andover,MN 55304
H. 421-9247
Email address - cmknililit@ci.andover.mn.us
Term Expires 1-6-09
Ken Orttel- AssistantTreasurer
2772 Bunker Lake Blvd NW
Andover, MN 55304
H. 755-8425
Email address - cmorttel@ci.andover.mn.us
Term Expires 1-6-09
Julie Trude - Vice President Jim Dickinson
- Executive Director
13862 Holly Street NW City of Andover
Andover, MN 55304 1685 Crosstown Blvd
NW
H. 862-2499 Andover, Mn 55304
Email address - cmtrude@cLandover.mn.us 763-767-5110
Term Expires 1-4-11
Recordinl! Secretary
Time Saver
Off-site Secretarial Service
File:g!data/everyone/commissions/EDA
Revised 4/29/05
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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: EDA Pre,;dent """ Bomd Y
CC: Jim Dickinson, Executive Director
FROM: Will Neumeister, Director of Community
Development 4-
SUBJECT: Purchase Agreement Time Extension (MVP Baseball Academies)
DATE: January 2, 2008
INTRODUCTION
The EDA is asked to extend the time to complete the purchase agreement with MVP Baseball
Academies for one additional month. Mr. Larkin has indicated that he is still pursuing the investor
and needs one additional month to complete the negotiations.
ACTION REQUESTED
Please allow Mr. Larkin to make a short presentation at the meeting and request a one month time
extension on the purchase agreement to buy Lot 1, Block 1, Andover Station North, to build the
ball training facility.
Respectfully submitted,
&</CI-
Will Neumeister
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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: EDA Pre,ident ,nd Boom! ~
CC: Jim Dickinson, Executive Director
FROM: Will Neumeister, Director of Community
Development~
SUBJECT: Review Purchase Agreement
(Griffen Business Holdings)
DATE: January 2, 2008
INTRODUCTION
In November 2007, the EDA reviewed the "Letter ofIntent" from Mr. Murli Nagwani (dba Griffen Business
Holdings, Inc.).
The EDA approved the preparation of a purchase agreement for the purchase of the
southern portion ofthe lot directly north of "Parkside at Andover Station". The buyer has now agreed to the
price that the EDA discussed that night and is ready to move forward with the purchase agreement.
DISCUSSION
The staff has worked with the City Attorney to prepare the attached purchase agreement and the EDA is
asked to review and approve of the language in the document.
Mr. Nagwani would like to build a new day care and Montessori school of 6,000 square feet initially and
later add an additional 3,000 square feet as his space needs grow. As discussed in November, the purchase
price of $4.40 per square foot includes the payment for park dedication and all area and connection charges
for the initial size building he would propose to build. The access will be shared with the owner of the
northerly portion of the site. The EDA would be responsible for construction of the driveway to reach the
parcel' from 139th Lane. The City Engineer would not allow direct access from this parecl to Jay Street and
thus is a requirement of selling the parcel to Mr. Nagwani.
ACTION REOUESTED
Review and determine whether the EDA agrees with the terms and conditions of the purchase agreement
(attached) for Murli Nagwani (Griffen Business Holdings, Inc.) to buy the southem portion of Lot 24, Block
1, Parkside at Andover Station, to build a new day care and Montessori School.
Respectfully submit!e~
Will Neumeister tv<
Attachment
Purchase Agreement
Letter of Intent
Concept Site Plan
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
Griffen Business
Holdings, Inc., d/b/a
Foundation Hill
Montessori
and Childcare,
a Minnesota
corporation,
("Buyer") .
2. OFFER! ACCEPTANCE.
Buyer agrees to purchase and Seller
agrees to sell real property legally described as follows:
South half of Lot 24,
Block 1,
Parkside at Andover Station
("Property"), together with a non-exclusive twenty-four (24) foot
wide easement for driveway purposes ("Driveway Easement") over
the following described parcel:
North half of Lot 24, Block 1, Parkside
at Andover Station.
All as generally shown on Exhibit A attached hereto and made a
part hereof.
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 with the additional right to
utilize a soil stockpile located
on the north half of Lot 24, Block 1,
Parkside at Andover Station for
the purpose of building up the
grade for Buyer's building site
and parking lot. Buyer's right to
utilize said soil does not include
the right to mine the site down,
but to only utilize soil from the
existing stockpilescurrentIy located
on the property.
4. PRICE AND TERMS.
The price for the real property included in
this sale: One Hundred Eighty-Eight
Thousand Five Hundred Fifty-Seven and
60/100 Dollars ($188,557.60).
This price includes $169,701.84 for land and
$18,855.76 for park dedication fees, 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 Sixty-Six Thousand Four
Hundred Sixteen and 00/100 Dollars ($183,557.60) cash on or before June 2,
2008 ("Closing Date").
In the event that Buyer has not completed its due
1
diligence within six (6) months from the date of this Agreement as provided, but
is engaged in the process of entitlement to obtain those approvals and permits
set forth in Section 5(b) below, Seller agrees to extend the Closing Date an
additional sixty (60) days. If Buyer cancels this Agreement in writing at any
time during the due diligence period, including the sixty day extension of the
Closing Date, Buyer's earnest money shall be completely refunded to the Buyer
within ten (10) business days of Seller's receipt of the written notice of
cancellation.
If Buyer fails to cancel this Agreement within said time period,
Buyer's earnest money shall become non-refundable to Buyer.
The purchase price is based upon
a site estimated to be 42,854 square
feet. The price herein represents a per
square foot price for the net area of
$4.40. Said
price includes the land price, park dedication fees, all water and
sewer area and connection charges for the initial building construction, and all
assessments for street, curb and gutter, sidewalks, storm sewer, sanitary
sewer, and water main assessments.
After a survey of the property is
completed by the AEDA as required in paragraph 8 herein and the actual gross
square footage is known, the price shall be adjusted to reflect the change in the
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, as determined by
Buyer in Buyer's sole discretion.
(b)
Buyer shall have obtained all zoning, land use, signage, watershed,
environmental and other govemmental approvals and permits Buyer shall
deem necessary to use the Property in the manner contemplated by Buyer,
including, but not limited to, 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, all as determined by Buyer in Buyer's sole discretion.
(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 Closing Date, Title shall have been
found
acceptable, in accordance with the requirements and terms of Sections 14 and
15 below.
2
(e) Buyer, on or before the Closing
Date, 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 10
shall be correct as of the Closing Date with the same force and effect as if such
representations were made at such time.
(g) Seller shall comply with the requirements
and terms of Sections 22
23, and 24 below.
(h) Seller, on or before the Closing
Date, will have created a list of
excluded uses for sites adjacent to the Property to include, but not be limited
to, adult uses and bars.
In the event any of the above contingencies have not been satisfied or waived
by Buyer on or before the Closing Date, 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
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.
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 Closing Date.
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Seller shall pay on the Closing
Date 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 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, at its sole cost and expense,
shall deliver to Buyer and Title
Company a survey (the "Survey") of the Property, prepared by a surveyor
licensed in the State of Minnesota, dated subsequent to the date of this
Agreement, certified in favor of Buyer, Buyer's nominee, if any, and the Title
Company.
(c) Seller shall cause all sanitary
sewer, water and storm drainage
utilities to be constructed to the edge of the property at Seller's expense. Such
obligation shall include the sanitary sewer connection fee, sewer availability
charge and water unit connection charges to be paid at the time of the initial
building construction.
Seller shall cause all electric, gas, telephone and cable
utilities to be constructed to the edge of the property at Seller's expense. Seller
shall cause all easements to be in place to provide ingress and egress to the
property and Seller shall pave said ingress and egress routes to City of Andover
specifications as provided in Section 22 below.
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. Both parties agree to hold
each other harmless for any claims arising from any brokers.
10. REPRESENTATIONS AND WARRANTIES OF
SELLER. 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
4
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) (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 en
ironmental 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, pnor
to 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
processmg 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.
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,
5
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").
(e) No litigation or proceedings are
pending or, to Seller's knowledge,
contemplated,
threatened or anticipated, relating to the Property,
or any
portion thereof.
(f) 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.
(g) To the 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, 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 Of
relating to the Property or otherwise; and (iv) 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.
(h) To the best of Seller's knowledge,
the Property is properly zoned for
Buyer's intended use of the Property.
(i) Within
twenty one
(21) days
of the date of this
Purchase
Agreement, Seller shall deliver to Buyer for Buyer's use and review of the
Property, all
background information
and documents
for the Property,
including engineering reports, soils .study reports and environmental studies or
assessments in possession of seller.
(j) Seller represents and warrants that
the Property is a buildable
parcel without the need of any soil corrections.
If, prior to the Closing Date, 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
6
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.
All representations, warranties,
covenants, indemnities and undertakings
made herein shall be deemed remade as of Closing and shall be true and
correct as of Closing and shall be deemed to be material and to have been
relied upon by the parties, notwithstanding any investigation or other act of
Buyer heretofore or hereafter made, and shall survive Closing and execution
and delivery of the General Warranty Deed for a period of twenty-four (24)
months after the Closing Date.
II.
BUYER'S OBLIGATIONS.
(a)
Buyer shall construct a building upon the property that will be
built of materials and design that follows the Andover Station North Design
Guidelines. Buyer's obligation shall survive the closing on this transaction.
(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 accepted the
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 in this Agreement.
12.
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.
13.
POSSESSION. Seller shall deliver possession of the Property
not
later than Date of Closing or on a date up to sixty (60) days subsequent to the
Date of Closing in the event the Date of Closing is extended in accordance.with
Section 4 above, whichever shall last occur.
14.
EXAMINATION OF TITLE. Seller shall, within a reasonable
time
after acceptance of this Agreement, furnish an Abstract of Title, or a Registered
Property Abstract, cer
ified to date to
include proper searches
covering
bankruptcies, State and Federal judgments and liens.
Buyer shall be allowed
7
30 business days after receipt for examination of title and making any
objections, which shall be made in writing or deemed waived.
15. 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. lf 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. lf 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. lf 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
1n 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,
1n 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 twelve 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.
E. lf 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 twelve months after
such right of action arises.
TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT.
16. 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.
17. MINNESOTA LAW. This contract shall
be governed by the laws of
the State of Minnesota.
18. WELL AND FUEL TANK DISCLOSURE.
Seller certifies that the
Seller does not know of any fuel tanks or wells on the described real property.
9
19. INDIVIDUAL
SEWAGE TREATMENT
SYSTEM DISCLOSURE.
Seller certifies that there is no individual sewage treatment system on or
serving the property.
20. PAYMENT OF CLOSING COSTS. Each party
will pay closing costs
which are normally allocated of Buyers and Sellers in a real estate transaction.
2l. PARK DEDICATION FEES.
Seller shall be responsible for payment
of all park and trail dedication fees due the City of Andover for development by
Buyer of the Property.
22. DRIVEWAY CONSTRUCTION AND MAINTENANCE
AGREEMENT.
All necessary parties shall enter into a shared driveway construction and
maintenance agreement prior to closing, covering the easement described in
paragraph 2.
Said agreement shall provide that a five (5) bituminous surface
driveway shall be constructed by Buyer across the
Driveway Easement
described in paragraphs 2 to provide clear access to the Property from 139th
Lane N.W. After construction of said driveway, Seller shall reimburse Buyer for
the cost of the driveway from the edge of the Property to 139th Lane N.W, upon
presentation of appropriate documentation depicting the costs incurred by
Buyer in constructing the driveway.
All future access maintenance costs for
said driveway shall be shared by, and be the responsibility of, Buyer and the
owner of the North half of Lot 24, Block 1, Parkside at Andover Station.
23. HAZARDOUS
WASTE. Seller
shall provide Buyer
with an
environmental indemnification for the Property and will pay all costs, including
reasonable attorney's
fees, associated with any additional
environmental
remediation upon the Property for a period of two (2) years following the Date of
Closing.
24. LOT SPLIT APPROVAL.
Seller shall obtain City approval of a lot
split to subdivide Lot 24, Block 1, Parkside at Andover Station into a parcel
that is suitable for the layout of the building and parking lot as anticipated by
the parties.
25. CLOSING AGREEMENT.
Seller and Buyer shall execute a Closing
Agreement at the Closing addressing all issues described at Sections 11,22, 23
and 24, and any other necessary issues.
The Andover Economic Development
I agree to purchase the property
Authority agrees to sell the
for the price and terms and
property for the price and terms
conditions set forth above.
and conditions set forth above.
10
SELLER: BUYER:
ANDOVER ECOMONIC DEVELOPMENT
GRIFFEN BUSINESS HOLDINGS
AUTHORITY
INC., dba FOUDATION HILL
MONTESSORI AND CHILDCARE
By:
By:
Michael R. Gamache,
Its:
President
By:
James Dickinson,
By:
Executive Director
Its:
11
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October 16, 2007 cbtdatio~~
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To: D~M?!ltes!!l<)rtD~
~D...> &i.>.~D
D~'Childf;:ifu:Dc::J
Mr. Will Neumeister ~
City of Andover ' .-... :,,,,,,. '"'
". ".
1685 Crosstown Blvd. NW Foundation Hill
Andover, MN 55304 Montessori & Childcare
RE: Letter of Intent to Purchase Land
SELLER: City of Andover
BUYER: Griffen Business Holdings Inc. DBA Foundation Hill Montessori and Childcare
LEGAL DESCRIPTION: South half of Lot 24, Block 1, Parkside at Andover Station
AREA: 42,854 square foot
PRICE: Net price of $4.00 per square foot (including park dedication fees), or $4.40 per
square foot (including park dedication fees and all water/sewer area and connection charges
paid). The purchase price of above named property is $171,416 (at $4.00 per square foot),
or $188,557.60 (at $4.40 per square foot). This price includes all and any assessments for
street, curb and gutter, sidewalks, storm sewer, sanitary sewer, and water main. Final sale
price shall be adjusted by above amount per square foot if final survey shows area amount
other than the area amount proposed in this Letter of Intent.
TERMS: If Seller accepts this Letter of Intent, both parties would plan to execute a written
Purchase Agreement at which time Buyer shall make a $5,000.00 refundable down payment
that will apply toward the final purchase price.
POTENTIAL CONSIDERATIONS: At time of Purchase Agreement negotiation Buyer would
potentially discuss, including but not limited to items such as, Seller's obligation to install
signs at Hanson and Jay as well as Bunker and Jay, to provide clear access to above named
property by constructing a road from 139th Lane NW, to clear any hazardous contaminants
found on the property.
TAXES: All taxes shall be prorated from the date of closing. The property shall be delivered
by Seller free of any assessments.
DUE DILIGENCE: Buyer shall have six (6) months from the date of execution of Purchase
Order to complete its Due Diligence, including but not limited to Environmental, Survey, and
Economic Viability. If Buyer is engaged in the process of entitlement, Le. getting plans
approved etc. Seller agrees to extend the closing date by an additional sixty (60) days. If
Buyer cancels this agreement in writing at any point during the Due Diligence period, the
-)5'-
( L5~.tfF /# /-t:7fV/' )
down payment shall be completely refunded to the buyer within ten working days of receiving
written notice of cancellation.
CLOSING CONDITIONS: The Seller will be responsible for obtaining City approval of a lot
split to subdivide Lot 24, Block 1, Parkside at Andover Station into the parcel that is suitable
for the layout of the building and parking lot as anticipated. At closing, Seller shall convey a
marketable fee title free of all leases, mortgages and any other encumbrances and
restrictions for the portion of the lot that would be used for the day care, and also a cross
easement to allow access to the site from 13gth Lane NW.
INTENDED USE: Parties acknowledge that the intended use of the property that will be
allowed on the list of allowable uses in the Andover Station Design Guidelines.
TYPE OF BUILDING: The building will be built of materials and design that follow the
Andover Station North Design Guidelines. Attached are example pictures of buildings that
potentially fit this conceptual idea.
EXCLUSIVITY: Seller agrees to remove site from the market and will not entertain any other
offers solicited or not during the Due Diligence or extended Due Diligence time frame.
BROKERAGE: Both parties acknowledge that there is no broker involved in this transaction.
Both parties agree to hold each other harmless for any claims arising from any brokers.
NON - BINDING: Both parties acknowledge that this is a Letter of Intent and shall not be
binding until both parties execute a written Purchase Agreement.
BUYER: SELLER:
Griffen Business Holdings, Inc. DBA
City of Andover
Foundation Hill Montessori and Childcare
By: ~~
By:
Title: PVei.icLR.A"\-t-
Title:
Date: 12./2-0/07
Date:
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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: EDA
President and Board
CC: Jim
Dickinson, Executive Director
FROM: Will
Neumeister, Director of Community Developmenttt.4-
SUBJECT:
Area Identification Signs (Andover Station North)
DATE: January
2, 2008
INTRODUCTION
The EDA discussed this in August of2006 and the consensus was to wait until more of the sites
were developed and the road connection of 139th and Hanson was nearly done. We now think it
. is time to begin construction of these signs.
DISCUSSION
As presented in 2006, staff suggests two locations for the Area Identification Signs. One on
Bunker Lake Boulevard and one on Hanson Boulevard (see attached drawing for locations).
We have checked with Great River Energy and have their approval to build up to a 25 foot high
sign at 139th and Hanson. The other potential sign location on Bunker should also be 25 feet in
height. We feel that we need that
size because there are nine sites within Andover Station
North that do not have direct exposure to either ofthe arterial streets. The cost of a sign ofthe
size we are talking about is at least $30,000 each. Staff had mentioned in the past that the cost
would initially be covered by the EDA. The site sales would offset the initial costs as they are
sold. The buyers who have already bought in the area expect this will be done.
Information provided by Leroy Signs shows there is a large range of prices for these types of
signs. Staff would like to see one sign like example "B" (25 foot high) built in the spring of
2008 along Bunker and the second sign built in the mid-to-late summer of2008.
ACTION REOUESTED
The EDA is asked to discuss this once again and provide staff direction on how they would like
to proceed.
Respectfully submitted,
w4-
Will Neumeister
Attachments: Plat Map of Andover Station; Letter from Leroy Signs; Photos
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5
OVER 60 YEARS
tFRtJY
S I G N S
DESIGN CONSULTING. FABRICATING. MAINTENANCE. SERVICE. INSTALLATION
December 7, 2007
City Of Andover
1685 Crosstown Blvd
Andover, MN 55304
Artn: Will Neumeister
RE: Signage
Dear Will:
Per our phone conversation please review the attached photos of signage & budget
number for said signage; I have marked the photos with letters & budget numbers below
with corresponding letters.
Andover Station Signage
A- Double faced interior lit sign, includes brick work & roof decoration $90,000.00
to $100,00.00 installed
B- Double faced interior lit sign, includes pole cover work $30,000.00 to 45,000.00
Installed
C- Double faced interior lit sign, includes brick work $55,000.00 to $75,00.00
installed
City Entrance Signage
A- Single faced cabinet sign, option to light or do non-lit, price would include the
brick or block type work $6,500.00 to 10,000.00 Installed
B- Single faced brick structure with non-lit letters mounted to brick or block, price
includes brick or block work $5,000.00 to 8,000.00 installed
Please call me to discuss in further detail
Thanks
Kaj Reiter
6325 Welcome Ave. N. . Minneapolis, MN 55429
Office: 763-535-0080 . Fax: 763-533-2593
-- -.------
6)
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 Director ~
SUBJECT: Update on Economic Development Activities
DATE: January 2, 2008
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:
Retail Building - Staff has had contact with a realtor that may have a client interested in buying
the hind to expand the retail building towards Bunker. The agent was told to offer a minimum of
$8 per square foot.
Bruggeman Homes Townhomes - Sales are slow.
Funeral Home - They're working on getting the structure built and expect to occupy by late
January or early February.
Office/Day Care Site - The "Letter ofIntent" has been signed by Murli Nagani and his proposal is
formalized in the form of the purchase agreement that is on the agenda for the EDA to consider.
He has indicated that he will meet the price per square foot that the EDA indicated they would like
at the meeting in November.
MVP Baseball (John Larkin) - John Larkin has submitted a request for a one-month time
extension to allow him to finish getting his financing. Mr. Larkin had previously been given until
the end of the year to complete the purchase (by the EDA). The EDA needs to decide ifhe should
be given a time extension.
Light Industrial Building (Dynamic Sealing Technologies) - They've indicated that they will
break ground on the new building around the third week of January.
Office Development (Northstar Partners) - Our real estate agents continue to market the site for
both office and light industrial uses.
ACTION REOUESTED
This is an informational update, no action is needed.
Respectfully submitted, Will Neumeister ~
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President & Commissioners
FROM: Jim Dickinson, Executive Director
SUBJECT: Legislative Research Update
DATE: January 2,2008
INTRODUCTION
At the December 4th meeting the EDA requested that the Executive Director research. a
legislative proposal that would provide the County the authority to approve all plats that enter or
exit on county roads. That research is attached.
DISCUSSION
After the December 4th meeting I contacted Lona Schreiber, the Anoka
County
Intergovernmental Relations Manager, to discuss Anoka County's legislative position related to
"Plat Review" (attached pgs 2-3). Lona indicated that this is just the County's position on the
topic and that they (or was she aware of any other organization) are not currently working on a
bill for the upcoming legislative session. I did follow up with the Association of Minnesota
Counties (AMC) and received the same feedback, AMC's legislative position on the topic is
attached (pgs 4-5) but they do not anticipate pursuing legislation in the upcoming session.
To address the concern of the City/County compromise bill during the 2004 legislative session, I
contacted the League of Minnesota Cities and the Association of Metropolitan Municipalities
(AMM) to get a better understanding of what was actually agreed to. I have attached AMM's
legislative policy and the League's response (pgs 6-13). Also attached are the Senate and House
legislative summary reports and journals for your review (pgs 14-29).
It does not appear that the "Plat Review" will be an issue pursued at the next legislative session,
but I will continue to stay on top of the issue if it does get pushed.
ACTION REOUESTED
No action necessary, informational, the EDA is requested to review the attached data.
--...
Attachments
~;:r,.,~f!!;O?'\"f"''"'"''''
rr"ft~~;;if'
t This Legislative packet is a draft document,
pending approval at the December 18, 2007
Anoka County Board meeting
2008
~
DRAFT
LEGISLATIVE
PACKAGE
Prepared by Anoka County Intergovernmental and Community Relations Committee
Commissioner Dan Erhart, Chair
Lona Schreiber, Intergovernmental Relations Coordinator
Plat Review
Anoka County is predicted to grow by an additional 100,000 pe~pl~ by t?e year 2025, resulting
in further traffic congestion and increased pressure on eXIstmg hIghway infrastructure.
Competition among communities will increas~ ~or a share of t~at growth: especially in the
commercial/industrial area. Cities are often wIllmg to comprolTIlse access Issues onto county
highways in order to attract commercial development.
The Anoka County Board of Commissioners joins with others to support: ~
The Minnesota Legislature:
1. Allow counties to approve plats adjacent to county right-of-ways.
2. Adopt the city/county compromise bill as agreed to in the 2004 session
addressing early review of proposed plats.
Utilities in Rights-of- Way
Historically Minnesota utilities have enjoyed the use of public rights-of-way with reasonable fees
or at no cost, with the understanding and agreement that any relocation costs deemed necessary
by the road or governing authority would be borne by the utility. The issue of free or franchised
use of public rights-of-way has been discussed in the context of deregulation of electric utilities.
In addition, recent rail construction negotiations requiring relocation of utilities have brought the
issue to the forefront. In the 1999 legislative session, bills were introduced and heard that would
require payment to the utilities for relocation costs on a light rail project. This would set a costly
precedent for future public projects.
The Anoka County Board of Commissioners endorses the following position with respect to
utility placements in public rights-of-way:
Support retaining county and other local units of government full authority over
rights"of-way under their jurisdiction.
31 ~
I
MINNESOTA COUNTIES
It is the mission of the Association to assist in the provision of
effective county governance for the people of Minnesota.
2007-2008
POLICY POSITIONS
December 8, 2006
Association of Minnesota Counties' 2007-08 Legislative Poiicy Positions
Page 1 ~
"'" I Y\ y\(> 5c)1 r.. C OJ",tJ~.s
Roads and Bridges
AMC supports long-term, sustainable funding streams that provide the necessary resources for safe highway and
road systems that can efficiently move people and goods.
Funding
. AMC supports passage of a comprehensive long-term transportation-funding package that addresses the
needs of counties. Revenue increases in such a package could be generated from these sources: Gas tax,
license tab fees, indexing, sales taxes, wheelage taxes, and bonding.
. AMC supports that the current revenue in the county state aid highway fund should continue to be
distributed according to the current formula and any new revenue into the county state aid highway fund
should be distributed according to the new formula, 60% based on need and 40% based on vehicle
registrations.
. AMC supports that the 60% of MVST for highways be placed into the Highway User Tax Distribution Fund.
. AMC supports a separate funding stream for right-of-way acquisition.
. AMC supports full funding for the local bridge program in the form of state general obligation bonding
authority to address the shortfall in the local bridge program.
. AMC supports increased funding for the local road improvement program for the Roads of Regional
Significance Account and for the Rural Road Safety Account.
. AMC supportS full funding for the local road wetland replacement program.
. AMC supports constitutional dedication of all motor vehicle sales tax revenues for transportation purposes.
. AMC supports the repeal of the sales tax on any county highway purchases.
. AMC opposes increased funding of ATV and snowmobile trails out of the Highway User Tax Distribution
Fund until a comprehensive study of both ATV and snowmobile trail needs have been completed.
Governance
. AMC supports partnerships and cooperation with state agencies, associations and other local units of
:t- government that advance the transportation interests of citizens and the state.
. AMC supports county approval of plats adjacent to county highways.
. AMC supports removal of local or municipal plan approval for county state aid highway projects.
egulations
. AMC supports current rules and statute as it impacts the delivery of transportation projects.
. AMC supports creating a partnership with the Minnesota Department of Transportation for
overweight/oversized vehicies for the purpose of implementing one stop shopping through standard data
collection, permit policies and fees.
. AMC supports polices that are consistent in interpretation but recognize the diversity among counties.
. AMC supports policies and programs that move to streamline processes and mitigate increased costs.
Safety
AMC supports efforts that result in a safer transportation system including:
. Support for revising the criteria and making all county roads eligible for the Rural Road Safety Account
funding under the umbrella of the Local Road Improvement Program as part of the safe route to schools
program.
. A change to the 5% flexible account that would allow all funds not used for county or municipal turn backs
to be deposited in a central safety account jointly managed by the MNDoT State Aid Division and the
MNDoT Office of Traffic.
. Supports for the "photo cop" initiative as a way to reduce accidents and injuries.
Ten-Ton Roads
. AMC supports funding for the continued development of a statewide lO-ton county state aid highway
system to support the needs of freight haulers.
. AMC supports setting all county state aid and county paved roads as seasonal ten-ton roads unless posted
down.
Weight Limits
AMC supports a weight limit policy that includes:
. The ability of counties to establish load restrictions on the county roads systems;
. The opposition to any exemptions except during harvest;
. Statewide enforcement, education and prosecution of Minnesota weight laws;
. Extending seasonal load limits on gravel roads by two weeks;
. Removing the 73,280 pound weight restriction with the condition that the three-mile access statute is
repealed; and
. MNDoT's recommendations for increased weight, axel and brake configurations.
Association of Minnesota Counties' 2007-08 Legislative Policy Positions
Page 10 (j)
I
I
I
I
I ETRO
I
I CITIES
I
f Association of Metropolitan Municipalities
I
t
I
[ January 2008
I Legislative Policies
I
I
I
, 145 University Ave. w., St. Paul, Minnesota 55103-2044 (p
Phone:(651) 215-4000 Fax: (651) 281-1299
I Website: www.amm145.org
._---,'-' '-', -"","......."...
Highway Turnbacks & Funding (V-F) 30
"3C' Transportation Planning Process: Elected Officials'
Role (V-G) 31
Photo Enforcement of Traffic Laws (V-H) 31
Airport Noise Mitigation (V-I) 31
Cities Under 5,000 Population (V-J) 32
i
! County State Aid Highway (CSAH) Distribution
Formula (V-K) 32
Municipal Input/Consent for Trunk Highways and
County Roads (V-L) 33
Plat Authority (V-M) 33
City Speed Limit Control (V-N) 33
Speed Limits Surrounding City Parks and Schools (V-O) 33
MnDOT Maintenance Budget (V -P) 33
Committee Rosters (VI)
2007 Housing & Economic Development Committee 35
2007 Metropolitan Agencies Committee 35
2007 Municipal Revenue & Taxation Committee 36
2007 Transportation & General Government Committee 37
Iv 2008 Legislative Policies
(J)
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Transportation
V-L Municipal Input/Consent for Trunk Highways and County Roads
Minnesota Statutes direct the MN Department of Transportation (MnDOT) to submit
detailed plans with city cost estimates at a point one and a half to two years prior to bid
letting, at which time public hearings are held for citizenlbusiness/municipal input. If
MnDOT does not concur with requested changes, it may appeal. Currently, that process
would take a maximum of three and a half months and the results of the appeal board are
binding on both the city and MnDOT.
Metro Cities opposes any changes to the current statute that would allow MnDOT to
disregard the appeal board ruling for state trunk highways. The result of such a change
would significantly minimize MnDOT's desire or need to negotiate in good faith with a
city for appropriate project access and alignment, and it would make the public hearing
and appeal process meaningless.
Metro Cities opposes elimination of the county road municipal consent arid appeal
process for the same reasons we oppose changing the process as it applies to MnDOT
trunk highway projects.
Plat Authority
Metro Cities supports current law granting counties review and comment authority for ~
~ access and drainage issues for city plats abutting county roads. Metro Cities opposes any
statutory change that would grant the county veto power or that would shorten the 120-
day review and permit process time. /
V-N City Speed Limit Control
Metro Cities supports a reduction in the state-wide default speed limit from 30 to 25 mph
on local residential roads. Metro Cities supports design standards that result in slower
speeds on local roads. In the event of a uniform speed limit reduction, Metro Cities
supports increased state funding for education and enforcement. ,
V-O Speed Limits Surrounding City Parks and Schools
At cities' or counties' discretion, Metro Cities supports a year round reduction of speed
limits within 500 feet of any city or county parks as well.as schools.
V-P MnDOT Maintenance Budget
The Minnesota Department of Transportation's maintenance budget has been reduced in
recent years due to a lack of state funding and as a result state right of ways, roadways,
and state owned parcels are not being adequately maintained. As a result, municipalities
are spending local dollars maintaining these properties, many of which are deteriorating
at an accelerated rate. Metro Cities supports fully funding MnDOT's maintenance
2008 Legislative Policies 33 (j)
Page 1 of 1
Jam s Dickinson
From: Harris, Laura [LHarris@lmc.org]
Sent: Friday, December 07,20073:34 PM
To: James Dickinson
Subject: City-county compromise on plat review bill
Jim,
I vaguely remember this issue since Roger Peterson (former AMM employee) took the lead in negotiating a
compromise with the counties.
Here's what I know. The original bill, HF 1913/SF 2600, would have required county board review and approval of
preliminary plats and initial plat filings, including land located in cities or towns bordering existing or proposed
county roads or highways. We obviously didn't like the legislation as introduced, so city and county groups
negotiated a compromise that would have required developers to submit information regarding "plat roadway
elements" to the county engineer at least 30 days before submitting the preliminary plat to the city. This language
is found in the 2nd engrossment of HF 1913 (hnpArQ~Jeg,rT)!:!Ll:>lOLl;>I.9l:>illJmJ)?piD=:J:j1J:l1~.~_&<~~o;:;;jQD=,Sa3).
However, the builders expressed concerns that this new requirement would essentially extend the plat review
process by at least 30 days. As a result, the House amended the bill to include the submission to the county
engineer within the 120-day preliminary plat approval limit (see lines 2.27-2.29). We objected to that particular
change since cities would be left with less time to review and approve a preliminary plat. At the end of the day, the
legislation did not pass.
Please give me a buzz if you have any questions. Thanks!
Laura Harris 1 Training & Conferences Manager
Tel: (651) 281-12511 Fax: (651) 215-4118
Iharris@lmc.org 1 www.lmc.org
League of Minnesota Cities
145 University Ave. West 1 St. Paul, MN 55103
Connecting & Innovating since 1913
G)
12/7/2007
H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 1 of 4
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H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004) Posted on Mar 30, 2004
1.1 A bill for an act
1.2 relating to highways; providing for review of proposed
1.3 preliminary plats abutting trunk highways or county
1.4 roads; amending Minnesota Statutes 2002, sections
1.5 462.352, by adding a subdivision; 462.358,
subdivision
1.6 3b, by adding a subdivision; 505.03,
subdivision 2.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2002, section 462.352,
is
1.9 amended by adding a subdivision to read:
1.10 Subd. 19. [PLAT ROADWAY ELEMENTS.] "Plat roadway elements"
1.11 means the elements or portions of a plat relating to
1.12 right-of-way land dedicated to highway purposes, drainage,
1.13 highway access control, and congestion management and traffic
1.14 flow.
1.15 Sec. 2. Minnesota Statutes 2002, section 462.358,
1.16 subdivision 3b, is amended to read:
1.17 Subd. 3b. [REVIEW PROCEDURES.]' The regulations shall
1.18 include provisions regarding the content of applications for
1.19 proposed subdivisions, the preliminary and final review and
1. 20 approval or disapproval of applications, and the coordination of
1. 21 such reviews with affected political subdivisions and state
1. 22 agencies. As provided in subdivision 3d, the regulations must
1. 23 require an applicant to include in the application proof that
1.24 the proposed plat roadway elements were submitted to the county
1. 25 engineer if the proposed subdivision abuts an existing or
1.26 proposed county highway, or to the commissioner of
2.1 transportation if the proposed subdivision abuts an existing or
2.2 proposed trunk highway. Subdivisions including lands abutting
2.3 upon any existing or proposed trunk highway, county road or
2.4 highway, or county state-aid highway shall also be subject to
2.5 review. The regulations may provide for the consolidation of
2.6 the preliminary and final. review and approval or disapproval of
2.7 subdivisions. Preliminary or final approval may be granted or
2.8 denied for parts of subdivision applications. The regulations
2.9 may delegate the authority to review proposals to the planning
2.10 commission, but final approval or disapproval shall be the
2.11 decision of the governing body of the municipality unless
2.12 otherwise provided by law or charter. The regulations shall
2.13 require that a public hearing shall be held on all subdivision
2.14 applications prior to preliminary approval, unless otherwise
2.15 provided by law or charter. The hearing shall be held following
2.16 publication ?f notice of the time and place thereof in the
2.17 official newspaper at least ten days before the day of the
2.18 hearing. At the hearing, all persons interested shall be given
2.19 an opportunity to make presentations. The county engineer's or
2.20 commissioner of transportation's comments made as authorized by
2.21 section 505.03, subdivision 2, if any, must be entered on the
2.22 record at the public hearing and considered by the municipality.
2.23 A subdivision application shall be preliminarily approved or
2.24 disapproved within 120 days following delivery of an application @
2.25 completed in compliance with the municipal ordinance by the
2.26 applicant to the municipality, unless an extension of the review
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H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 2 of4
2.27 period has been agreed to by the applicant, provided that the
2.28 time for review includes the review required under subdivision
2.29 3d. When a division or subdivision to which the regulations of
2.30 the municipality do not apply is presented to the city, the
2.31 clerk of the municipality shall within ten days certify that the
2.32 subdivision regulations of the municipality do not apply to the
2.33 particular division.
2.34 If the municipality or the responsible agency of the
2.35 municipality fails to preliminarily approve or disapprove an
2.36 application within the review period, the application shall be
3.1 deemed preliminarily approved, and upon demand the municipality
3.2 shall execute a certificate to that effect. Following
3.3 preliminary approval the applicant may request final approval by
3.4 the municipality, and upon such request the municipality shall
3.5 certify final approval within 60 days if the applicant has
3.6 complied with all conditions and requirements of applicable
3.7 regulations and all conditions and requirements upon which the
3.8 preliminary approval is expressly conditioned either through
3.9 performance or the execution of appropriate agreements assuring
3.10 performance. If the municipality fails to certify final approval
3.11 as so required, and if the applicant has complied with all
3.12 conditions and requirements, the application shall be deemed
3.13 finally approved, and upon demand the municipality shall execute
3.14 a certificate to that effect. After final approval a
3.15 subdivision may be filed or recorded.
3.16 Sec. 3. Minnesota Statutes 2002, section 462.358,
is
3.17 amended by adding a subdivision to read:
3.18 Subd. 3d. [REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING
3.19 TRUNK HIGHWAYS OR COUNTY ROADS.] At least 30 days before filing
3.20 the subdivision application with the municipality, and without
3.21 extending the time for review under subdivision 3b, an applicant
3.22 must submit the proposed plat roadway elements to the county
3.23 engineer if the proposed preliminary plat abuts an existing or
3.24 proposed county road or to the commissioner of transportation if
3.25 the proposed preliminary plat abuts an existing or proposed
3.26 trunk highway. The subdivision application to the municipality
3.27 must include proof that the proposed plat roadway elements were
3.28 submitted timely to the county engineer or commissioner of
3.29 transportation.
3.30 Sec. 4. Minnesota Statutes 2002, section 505.03,
3.31 subdivision 2, is amended to read:
3.32 Subd. 2. [PLAT APPROVAL; ROAD REVIEW.] (a)
Any proposed
3.33 preliminary plat in a city, town, or county, which includes
3.34 lands abutting upon any existing or established trunk highway or
3.35 proposed highway which has been designated by a centerline order
3.36 filed in the office of the county recorder shall first be
4.1 presented by the city, town, or county to the commissioner of
4.2 transportation for written comments and recommendations.
4.3 Preliminary plats in a city or town involving both a trunk
4.4 highway and a highway under county jurisdiction shall be
4.5 submitted by the city or town to the county highway engineer as
4.6 provided in paragraphs (b) and (c) and to the commissioner
of
4.7 transportation. Plats shall be submitted by the city, town, or
4.8 county to the commissioner of transportation for review at least
4.9 ~ 14 days prior to the home rule charter or statutory city,
4.10 town or county ~p~~~1 ~~n~' ~~~;Q~ public hearing on the
4.11 preliminary plat under section 462.358, subdivision 3b. The
4.12 commissioner of transportation shall submit the written comments
4.13 and recommendations to the city, town, or county within ~ 14
4.14 days after receipt by the commissioner of such a plat. Final
4.15 action on such plat by the city, town, or county shall not be
4.16 taken until after these required comments and recommendations db
4.17 have been received or until the <Q-g:;>~' 14-day period has elapsed.
4.18 (b) Any proposed preliminary plat or initial plat filing
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12/7/)007
H.P. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 3 of 4
4.19 that includes land located in a city or town bordering an
4.20 existing or proposed county road, highway, or county state-aid
4.21 highway that is designated on a map or county highway plan filed
4.22 in the office of the county recorder or registrar of titles,
4.23 must be submitted by the city or town to the county engineer
4.24 within five business days after receipt by the city or town of
4.25 the preliminary plat or initial plat filing for written comments
4.26 and recommendations. The county engineer's review shall be
4.27 limited to factors of county significance in conformance with
4.28 adopted county guidelines developed through a public hearing or
4.29 a comprehensive planning process with comment by the cities and
4.30 towns. The guidelines must provide for development and
4.31 redevelopment scenarios, allow for variances, and reflect
4,32 consideration of city or town adopted guidelines.
4.33 (c) Within ~ 1i days after county receipt from the city or
4.34 town of the preliminary plat or initial plat filing, the county
4.35 engineer shall provide to the city or town written comments
4.36 stating whether the plat meets county guidelines and describing
5.1 any modifications necessary to bring the plat into conformity
5.2 with the county guidelines. No city or town may approve a
5.3 preliminary plat until it has received the county engineer's
5.4 written comments and recommendations or until the county
5.5 engineer's comment period has expired, whichever occurs first.
5.6 Within ten business days following a city's or town's approval
5.7 of a preliminary plat, the city or town shall submit to the
5.8 county board notice of its approval, along with a statement
5.9 addressing the disposition'of any written comments or
5.10 recommendations made by the county engineer. In the event the
5.11 city or town does not amend the plat to conform to the
5.12 recommendations made by the county engineer, representatives
5.13 from the county and city or town shall meet to discuss the
5.14 differences and determine whether changes to the plat are
5.15 appropriate prior to final approval. This requirement shall not
5.16 extend the time deadlines for preliminary or final approval as
5.17 required under this section, section 1c:. 00 ~~ 462.358, or
any
5.18 other law, nor shall this requirement prohibit final approval as
5.19 required by this section.
5.20 (d) A legible preliminary drawing or print of a proposed
5.21 preliminary plat shall be acceptable for purposes of review by
5.22 the commissioner of transportation or the county highway
5.23 engineer. To such drawing or print there shall be attached a
5.24 written statement describing; (1) the outlet for and means of
5.25 disposal of surface waters from the proposed platted area, (2)
5.26 the land use designation or zoning category of the proposed
5.27 platted area, (3) the locations of ingress and egress to the
5.28 proposed platted area, and (4 ) a preliminary site plan for the
5.29 proposed platted area, with dimensions to scale, authenticated
5.30 by a registered engineer or land surveyor, showing the existing
5.31 or proposed state highway, county road, or county highway and
5.32 all existing and proposed rights-of-way, easements, general lot
5.33 layouts, and lot dimensions. Failure to obtain the written
5.34 comments and recommendations of the commissioner of
5.35 transportation or the county highway engineer shall in no manner
5.36 affect the title to the lands included in the plat or the
6.1 platting of said lands. A city, town, or county shall file with
6.2 the plat, in the office of the county recorder or registrar of
6.3 ti tIes, a certificate or other evidence showing submission of
6.4 the preliminary plat to the commissioner or county highway
6.5 engineer in compliance with this subdivision.
Please direct all comments concerning issues or legislation
@)
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1') /7 /')(\(\7
H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004) Page 4 of 4
to your House Member or State Senator.
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last updated: 05/0512007
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SF2600 Status in Senate for Legislative Session 83 Page 1 of1
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SF2600 Status in Senate for Legislative Session 83
Bill Name: SF2600 Companion: HF1913 Revisor Number: 04-4408
BiILLe>et Bill Text
Bill Status
House Search
Senate Ourada; Ortman
Authors
Short County boards preliminary highway plats review and approval
Description
Lana Committee Hearings and Actions Senate Counsel & Research
Description Summary
I Body II Date II Action II Description I Committeell Page IIRon canl
Isenate I 03/08/2004 Introduction and first I IEJD
reading
Isenate 1103/08/2004 II Referred to II Finance IDI I
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last updated: 06/20/2007
http://www.revisor.leg.state.mn. us/revisor/pages/search status/status detail. DhD ?b=Senate... 1?r,n(!!i)
S.F. No. 2600, as introduced - 83rd Legislative Session (2003-2004)
Page 1 of2
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KEY: ~~~~~~~~ = removed, old language. underscored = added,
new language.
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S.F. No. 2600, as introduced - 83rd Legislative Session (2003-2004) Posted on Mar 04, 2004
1.1 A bill for an act
1.2 relating to highways; providing for county board
1.3 approval of certain preliminary plats and initial plat
1.4 filings; amending Minnesota Statutes 2002, section
1.5 505.03, subdivision 2; repealing Minnesota Statutes
1.6 2002, section 162.02, subdivisions 8, 8a.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2002, section 505.03,
1.9 subdivision 2, is amended to read:
1.10 Subd. 2. [PLAT APPROVAL; ROAD REVIEW.]
(a) Any proposed
1.11 preliminary plat in a city, town, or county, which
includes
1.12 lands abutting upon any existing or established trunk highway or
1.13 proposed highway which has been designated by a centerline order
1.14 filed in the office of the county recorder shall first be
1.15 presented by the city, town, or county to the commissioner of
1.16 transportation for written comments and recommendations.
1.17 Preliminary plats in a city or town involving both a trunk
1.18 highway and a highway under county jurisdiction shall be
1.19 submitted by the city or town to the county QiglA"7:' 9~J' ~o~r
1. 20 board as provided in paragraphs (b) and (c)
and to the
1. 21 commissioner of transportation. Plats shall be submitted by the
1. 22 city, town, or county to the commissioner of transportation for
1. 23 review at least 30 days prior to the home rule charter or
1. 24 statutory city, town or county taking final action on the
1. 25 preliminary plat. The commissioner of transportation shall
1. 26 submit the written comments and recommendations to the city,
2.1 town, or county within 30 days after receipt by the commissioner
2.2 of such a plat. Final action on such plat by the city, town,
or
2.3 county shall not be taken until after these required comments
2.4 and recommendations have been received or until the 3D-day
2.5 period has elapsed.
2.6 (b) Any proposed preliminary plat or initial plat filing
2.7 that includes land located in a city or town bordering an
2.8 existing or proposed county road, highway, or county state-aid
2.9 highway that is designated on a map or county highway plan filed
2.10 in the office of the county recorder or registrar of titles,
2.11 must be submitted by the city or town to the county ~~J'~9~r
2.12 board for its review and approval within five business days
2.13 after receipt by the city or town of the preliminary plat or
2.14 initial plat filing for written comments and recommendations.
2.15 The county ~~J'~~Qr'~ board's review shall be limited to ~~~~~r~
2.16 r.-F I""'r.l,....'+-:T ~~'J......~-F~,....'=>.....('<i' ~,...., ,....r.......-Fi""\r~~.....,....o consistency with adopted
2.17 county guidelines that govern (1) the amount of right-of-way in
2.18 the platted land dedicated to highway purposes, (2) adequacy of
2.19 drainage provisions, (3) adequacy of control of access to the
2.20 highway, and (4) congestion management and traffic flow issues.
2.21 The guidelines must be developed through a public hearing or a
2.22 comprehensive planning process with comment by the cities and
2.23 towns. The guidelines must provide for development and
2.24 redevelopment scenarios, allow for variances, and reflect
@
2.25 consideration of city or town adopted guidelines.
2.26 (c) Within 30 days after county receipt from the city or
httn:/ /www.revisor.lell.state.mn. us/binlbldbill. DhD?bill=S2600.0&session=ls83
12/5/2007
S.F. No. 2600, as introduced - 83rd Legislative Session (2003-2004)
Page 2 of2
2.27 town of the preliminary plat or initial plat filing, the county
2.28 n~J;r9Qr board shall provide to the city or town written
2.29 comments stating whether the plat meets county guidelines and
2.30 describing any modifications necessary to bring the plat into
2.31 conformity with the county guidelines. No city or town may
2.32 approve a preliminary plat until it has received the
2.33 county ,",T'\'J-i T'\"'.......,...., ~ T T,....."; +-+-,.....,.,...., ..............-nn'l............+ eo ~......~ ,...........".....'"'..-n..-n.
..........~~+-..;............~ board's
2.34 approval or until rho ..........."T"'I+-:,. OT'\j"; ......i"'>.......... I co ...........TT"l'I'TIO......+- ro.,....~......,4 h=:. co
2.35 9Vr;~~? the 30 days have expired without action by the county
2.36 board, whichever occurs first. TAT"; +-h"; T'\ f-,-,-n "h" <"'..; ......r'\......C"" ?,=>:rcr
3.1 -FAllon";.,....,') i' ,....";+-:r'i' QY'" tQ,1T'\f.... ~rl:"'.....9Y7yl of ~ r.....'""..;~..;T'\'=>.....:7
rl~~, ttJQ
3.2 .......-: +-:7 ?.,... +-......'7T'\ .,....'h......'1 'i',,'h-rn"; +- +-....... +-l..,~ (''''''......+-:7 1-.'"'""........4
T'\.......+-..;,.......... ,......OF ..; ~ 'i
3.3 :::Irr.,....,....."rT~l , :::I 1 ..............') T~T; +-h i' co+-'=>+-......mo......+-
:::Ir4r4.....~'iC"..;......'J +-h...... rl..;cp......c;f-;,.....,... ,.....,-f"
3.4 yT'\:T n.......; +-+-"""'T'\ ('Q"\lWQ""'+-<"" ?.,.- 'Y"Q("Q"1'n-rn.......,...,,.4-,t-; '"""""1' TYly9<i \?:' t~Q ~O":Qt:7
3.5 =r"J': ,...,<:;>,....,.,.... TT'\ ~h~ ,.....,TY"'......+- +-h...... ........;+-~ "'..... +-,.....1...... rl......oC" .,...,....,+-
P"""'Y'T'\Q +-1--....... r'.....,t-
3.6 to ..................-1=0.,.....,.,.., to +-}-,.o .,....Q~9p"''PT>9"o,..,l~+-..;............'i' T'I"lyQQ k;-::r ttl'"' .......''"'''.,....,+-:' <i'n'J";nQQr.
3.7 .,..-or'Y't"'\C"l'"\T'\+- ~+-..; TT,...,C" oF.,............... +-1--....... ""......".,....,+-:7 '=>.........4 ,......; +-:/ ,......,....
+-......'1'1""1 1'h,=>11 ..-n'"',-...+- +,.....
3.8 r4;~""11C'C' .f-l...li' r4;-F-FoY'OT'"\""~C' -=>T'"\...4 r4o+-o.,....-rn;T'"\t'::> ~7l...l'"\+-l...^Y' ""l...=>T'"\')oC' +-Q
.f-l...^
3.9 r'ilt ~Y'~ =>rr~Qrri~.f-= r~;Q~ tQ f;T'"\~l prr:Q~1"F ! This requirement
3.10 shall not exfend the time deadlines for preliminary or final
3.11 approval as required under this section, section 15.99 or
3.12 462.358, or any other law, nor shall this requirement prohibit
3.13 final approval as required by this. section except as otherwise
3.14 provided in this paragraph.
3.15 (d) A legible preliminary drawing or print of a proposed
3.16 preliminary plat shall be acceptable for purposes of review by
3.17 the commissioner of transportation or the county h; Jh,,~~,
3.18 9:rtg;T'"\C>'i'~ board. To such drawing or print there shall be
3.19 attached a written statement describing~ (1 ) the outlet for and
3.20 means of disposal of surface waters from the proposed platted
3.21 area, (2) the land use designation or zoning category of the
3.22 proposed platted area, (3) the locations of ingress and egress
3.23 to the proposed platted area, and (4 )
a preliminary site plan
3.24 for the proposed platted area, with dimensions to scale,
3.25 authenticated by a registered engineer or land surveyor, showing
3.26 the existing or proposed state highway, county road, or county
3.27 highway and all existing and proposed rights-of-way, easements,
3.28 general lot layouts, and lot dimensions. Failure to obtain the
3.29 written comments and recommendations of the commissioner of
3.30 transportation or the approval of the county l...; '}l...n=>~/ ^T'"\'}; T'"\OO~
3.31 board shall in no manner affect the title to the lands included
3.32 in the plat or the platting of said lands. A city, town,
or
3.33 county shall file with the plat, in the office of the county
3.34 recorder or registrar of titles, a certificate or other evidence
3.35 showing submission of the preliminary plat to the commissioner
3.36 or county Ai ')1-.1 ~i>:" Q~'); T'"\,.....<:'~ board in compliance with this
4.1 subdivision.
4.2 Sec. 2. [REPEALER. ]
4.3 Minnesota Statutes 2002, section 162.02, subdivisions 8 and
4.4 8a, are repealed.
Please direct all comments concerning issues or legislation
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General questions or comments.
last updated: 05/05/2007
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HF1913 Status in House for Legislative Session 83
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HF1913 Status in House for Legislative Session 83
Bill Name: HF1913 Companion: SF2600 Revisor
Number: 04-4408
Bill Text SilLI~~
Bill Status
Senate Search
Hous Kuisle; Holberg; Juhnke; Beard; Lieder
Authors
Short County board approval of certain preliminary plats abutting trunk highways or county roads
D scription required.
Long Further Committee Actions House Research
Summary
Description
I BOdY" Date " Action
II Description I Committee II Page II Roll calli
IHouse I 02/05/2004 Introduction and first ITransportation
Policy IEJD
reading, referred to
I House I 03/04/2004 Committee report, to
Local Government and 14880 ID
pass and 're-refer to
Metropolitan Affairs
LJ 03/15/2004 Committee report, to I
ILJD
amend, no
recommendation
I House 1103/15/2004 II Re-referred to IITransportation Finance 11~246
II I
LJ 03/30/2004 Committee report, to
Rules and Legislative uD
pass as amended and
Administration
re-refer to
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last updated: 06/20/2007
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House of Representatives
House Research Bill Summary
FiI Number: H.F. 1913
Oat : April 1,2004
Version: Second engrossment
Status: Rules Committee
Authors: Kuisle
Subject: County or MnDOT review of proposed plats abutting county and trunk highways
Analyst: Deborah A. Dyson
This publication can be made available in alternative formats upon request. Please call 65f-296-6753
(voice); or the Minnesota State Relay Service at 1-800-627-3529 (TTY) for assistance. Summaries are
also available on our website at: www.house.mnlhrd/hrd.htm.
Overview
This bill changes the procedures for county or Department of Transportation
(MnDOT) review of proposed subdivisions. The review would be specific to the
"plat roadway elements." Under the bill, the developer must submit the plat
roadway elements to the county or MnDOT before applying to the municipality.
The county or MnDOT comments on the plat roadway elements would be entered
on the record at the public hearing on the subdivision application and considered
by the municipality.
Section
1 Plat roadway elements. Defines "plat roadway elements" for purposes of the municipal
land planning act as portions of a plat that relate to right-of-way land dedicated to highway
purposes, drainage, access control, and congestion management and traffic control.
2 Review procedures (subdivision applications). Requires subdivision regulations to
require an applicant to submit proof that the proposed plat roadway elements were
submitted to the county engineer if the proposed subdivision abuts an existing or proposed
county highway or to the MnDO! if it abuts an existing or proposed trunk highway.
Requires the county engineer's or MnDOT's comments on the proposed plat roadway
elements, if any, to be entered on the record at the public hearing on the proposed
subdivision and considered by the municipality (city or town).
Includes the time spent during the pre-application review by the county engineer or
@
MnDOT as part of the 120 days allowed for review of a proposed subdivision.
3 Review of proposed preliminary plats abutting trunk highways or county roads.
Requires an applicant for a subdivision to submit the proposed plat roadway elements to th
htto://ww3.house.leg.state.mn.us/hrd/bs/83/HF1913.html 1') /'\/?OO7
House Research Bill Summary Page 2 of2
county engineer or MnDOT at least 30 days before filing the subdivision application with
the municipality.
4 Plat approval; road review. Requires a municipality to submit a proposed plat to the
county or MnDOT 14 days, not 30 days, days before the municipality's public hearing, and
requires comments on the proposed plat to be submitted to the municipality within 14 days
not 30 days, of receiving the proposed plat from the municipality. Makes a technical
correction.
@
htto:/ /ww3 .house.leg.state.mn. us/hrd/bs/83/HF 1913 .html 1 2/5/2007
Versions of H.F. 1913 Page 1 of1
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H.F.1913, 1st Engrossment .... Posted on Mar 15, 2004
H.F.1913. 2nd Engrossment .... Posted on Mar 30, 2004
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last updated: 06/18/2007
@)
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H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 1 of 4
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H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004) Posted on
Mar 30, 2004
1.1
A bill for an act
1.2 relating to highways; providing
for review of proposed
1.3 preliminary plats abutting trunk highways or county
1.4 roads; amending Minnesota Statutes 2002,
sections
1.5 462.352, by adding a subdivision;
462.358, subdivision
1.6 3b, by adding a subdivision;
505.03, subdivision 2.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2002,
section 462.352, is
1.9 amended by adding a subdivision to read:
1.10 Subd. 19. [PLAT ROADWAY ELEMENTS.]
"Plat roadway elements"
1.11 means. the elements or portions of a plat relating to
1.12 right-of-way land dedicated to highway purposes, drainage,
1.13 highway access control, and congestion management and traffic
1.14 flow.
1.15 Sec. 2. Minnesota Statutes 2002,
section 462.358,
1.16 subdivision 3b, is amended to read:
1.17 Subd. 3b. [REVIEW PROCEDURES.]
The regulations shall
1.18 include provisions regarding the content of applications for
1.19 proposed subdivisions, the preliminary and final review and
1. 20 approval or disapproval of applications, and the
coordination of
1. 21 such reviews with affected political subdivisions and state
1. 22 agencies. As provided in subdivision 3d,
the regulations must
1. 23 require an applicant to include in the application proof that
1. 24 the proposed plat roadway elements were submitted to the county
1. 25 engineer if the proposed subdivision abuts an existing or
1. 26 proposed county highway, or to the commissioner of
2.1 transportation if the proposed subdivision abuts an existing or
2.2 proposed trunk highway. Subdivisions including lands abutting
2.3 upon any existing or proposed trunk highway, county
road or
2.4 highway, or county state-aid highway shall also be subject to
2.5 review. The regulations may provide for the consolidation of
2.6 the preliminary and final review and approval or disapproval of
.
2.7 subdivisions. Preliminary or final approval may be granted or
2.8 denied for parts .of subdivision applications. The regulations
2.9 may delegate the authority to review proposals to the planning
2.10 commission, but final approval or disapproval shall be the
2.11 decision of the governing body of the municipality unless
2.12 otherwise provided by law or charter. The regulations
shall
2.13 require that a public hearing shall be held on all subdivision
2.14 applications prior to preliminary approval,
unless otherwise
2.15 provided by law or charter. The hearing shall be held
following
2.16 publication of notice of the time and place thereof in the
2.17 official newspaper at least ten days before the day of the
2.18 hearing. At the hearing, all persons
interested shall be given
2.19 an opportunity to make presentations. The county
engineer's or
2.20 commissioner of transportation's comments made as authorized by
2.21 section 505.03, subdivision 2,
if any, must be entered on the
2.22 record at the public hearing and considered by the municipality.
2.23 A subdivision application shall be preliminarily approved or
@
2.24 disapproved within 120 days following delivery of an application
2.25 completed in compliance with the municipal ordinance by the
2.26 applicant to the municipality, unless an extension of
the review
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H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 2 of 4
2.27 period has been agreed to by the applicant, provided that the
2.28 time for review includes the review required under subdivision
2.29 3d. When a division or subdivision to which the regulations of
2.30 the municipality do not apply is presented to the city,
the
2.31 clerk of the municipality shall within ten days certify that the
2.32 subdivision regulations of the municipality do not apply to the
2.33 particular division.
2.34 If the municipality or the responsible agency of the
2.35 municipality fails to preliminarily approve or disapprove an
2.36 application within the review period, the application
shall be
3.1 deemed preliminarily approved, and upon demand the municipality
3.2 shall execute a certificate to that effect. Following
3.3 preliminary approval the applicant may request final approval by
3.4 the municipality, and upon such request the municipality shall
3.5 certify final approval within 60 days if the applicant has
3.6 complied with all conditions and requirements of applicable
3.7 regulations and all conditions and requirements upon which, the
3.8 preliminary approval is expressly conditioned either through
3.9 performance or the execution of appropriate agreements assuring
3.10 performance. If the municipality fails to certify final approval
3.11 as so required, and if the applicant has complied with all
3.12 conditions and requirements, the application shall be deemed
3.13 finally approved, and upon demand the municipality shall
execute
3.14 a certificate to that effect. After final approval a
3.15 subdivision may be filed or recorded.
3.16 Sec. 3. Minnesota
Statutes 2002, section 462.358, is
3.17 amended by adding a subdivision to read:
3.18 Subd. 3d.
[REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING
3.19 TRUNK HIGHWAYS OR COUNTY ROADS.] At least 30 days before
filing
3.20 the subdivision application with the municipality,
and without
3.21 extending the time for review under subdivision 3b,
an applicant
3.22 must submit the proposed plat roadway elements to the county
3.23 enqineer if the proposed preliminary plat abuts an existin~
3.24 proposed county road or to the commissioner of transportation if
3.25 the proposed preliminary plat abuts an existing or proposed
3.26 trunk highway. The subdivision application to the municipality
3.27 must include proof that the proposed plat roadway elements were
3.28 submitted timely to the county engineer or commissioner of
3.29 transportation.
3.30 Sec. 4. Minnesota
Statutes 2002, section 505.03,
3.31 subdivision 2, is amended to read:
3.32 Subd. 2.
[PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed
3.33 preliminary plat in a city, town,
or county, which includes
3.34 lands abutting upon any existing or .established trunk highway or
3.35 proposed highway which has been designated by a centerline order
3.36 filed in the office of the county recorder shall first be
4.1 presented by the city, town,
or county to the commissioner of
4.2 transportation for written comments and recommendations.
4.3 Preliminary plats in a city or town involving both a trunk
4.4 highway and a highway under county jurisdiction shall be
4.5 submitted by the city or town to the county highway engineer as
4.6 provided in paragraphs (b)
and (c) and to the commissioner of
4.7 transportation. Plats shall be submitted by the city,
town, or
4.8 county to the commissioner of transportation for review at least
4.9 ~ l! days prior to the home rule charter or statutory city,
4.10 town or county T~v4~J ~~~~, ~~~iQn public hearing on the
4.11 preliminary plat under section 462.358, subdivision
3b. The
4.12 commissioner of transportation shall submit the written comments
4.13 and recommendations to the city, town,
or county within ~ 14
4.14 days after receipt by the commissioner of such a plat.
Final @)
4.15 action on such plat by the city, town,
or county shall not be
4.16 taken until after these required comments and recommendations
4.17 have been received or until the "O-97~' l4-day period has elapsed.
4.18 (b) Any proposed preliminary plat or initial
plat filing
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12/512007
H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004)
Page 3 of 4
4.19 that includes land located in a city or town bordering an
4.20 existing or proposed county road, highway,
or county state-aid
4.21 highway that is designated on a map or county highway plan filed
4.22 in the office of the county recorder or registrar of titles,
4.23 must be submitted by the city or town to the county engineer
4.24 within five business days after receipt by the city or town of
4.25 the preliminary plat or initial plat filing for written comments
4.26 and recommendations. The county engineer's review shall be
4.27 limited to factors of county significance in conformance with
4.28 adopted county guidelines developed through a public hearing or
4.29 a comprehensive planning process with comment by the cities and
4.30 towns. The guidelines must provide for development and
4.31 redevelopment scenarios, allow for variances,
and reflect
4.32 consideration of city or town adopted guidelines.
4.33 (c) Within ~ !! days after county receipt from the city or
4.34 town of the preliminary plat or initial plat filing,
the county
4.35 engineer shall provide to the city or town written comments
4.36 stating whether the plat meets county guidelines and describing
5.1 any modifications necessary to bring the plat into conformity
5.2 with the county guidelines.
No city or town may approve a
5.3 preliminary plat until it has received the county engineer's
5.4 written comments and recommendations or until the county
5.5 engineer's comment period has expired, whichever occurs first.
5.6 Within ten business days following a city's or town's approval
5.7 of a preliminary plat, the city or town shall submit to the
5.8 county board notice of its approval, along with a statement
5.9 addressing the disposition of any written comments or
5.10 recommendations made by the county engineer. In
the event the
5.11 city or town does not amend the plat to conform to the
5.12 recommendations made by the county engineer, representatives
5.13 from the county and city or town shall meet to discuss the
5.14 differences and determine whether changes to the plat are
5.15 appropriate prior to final approval. This requirement
shall not
5.16 extend the time deadlines for preliminary or final approval as
5.17 required under this section, section 11::;
ao ,....,..... 462.358, or any
5.18 other law, nor shall this requirement prohibit final approval as
5.19 required by this section.
5.20 (d) A legible preliminary drawing or print of a proposed
5.21 preliminary plat shall be acceptable for purposes of review by
5.22 the commissioner of transportation or the county highway
5.23 engineer. To such drawing or print there shall be attached a
5.24 written statement describing; (1)
the outlet for and means of
5.25 disposal of surface waters from the proposed platted area,
(2)
5.26 the land use designation or zoning category of the proposed
5.27 platted area, (3) the locations
of ingress and egress to the
5.28 proposed platted area, and
(4 ) a preliminary site plan for the
5.29 proposed platted area, with dimensions to scale,
authenticated
5.30 by a registered engineer or land surveyor, showing
the existing
5.31 or proposed state highway, county road,
or county highway and
5.32 all existing and proposed rights-of-way, easements, general lot
5.33 layouts, and lot dimensions. Failure
to obtain the written
5.34 comments and recommendations of the commissioner of
5.35 transportation or the county highway engineer shall in no manner
5.36 affect the title to the lands included in the plat or the
6.1 platting of said lands. A city, town,
or county shall file with
6.2 the plat, in the office of the county recorder or registrar of
6.3 titles, a certificate or other evidence showing submission of
6.4 the preliminary plat to the commissioner or county highway
6.5 engineer in compliance with this subdivision.
Please direct all comments concerning issues or legislation
htto ://www .revisor.leg.state.mn. us/binlbldbill. php?bill=H1913 .2&session=ls83
12/5/2007
H.F. No. 1913, 2nd Engrossment - 83rd Legislative Session (2003-2004) Page 4 of 4
to your House Member or State Senator.
For Legislative Staff or for directions to the Capitol, visit the Contact Us page.
General Questions or comments.
last updated: 05/0512007
http://www.revisor.leg.state.mn.uslbinlbldbill.php?bill=H 1913 .2&session=ls83 12/5/2007
Journal of the House - 74th Dav - Monday, March 15, 2004 ~ Page 1 of2
Dempsey from the Committee on Local Government and Metropolitan Affairs to which was referred:
)4 H. F. No. 1913>.-A bill for an act relating to highways; providing for county board approval of certain preliminary plats and
initial plat filings; amending Minnesota Statutes 2002, section 505.03, subdivision 2; repealing Minnesota Statutes 2002,
section 162.02, subdivisions 8, 8a
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section]. Minnesota Statutes 2002, section 505.03, subdivision 2, is amended to read:
Subd. 2. [PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed preliminary plat in a city, town, or county, which
includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a
centerline order filed in the office of the county recorder shall first be presented by the city, town, or county to the
commissioner of transportation for written comments and recommendations. Preliminary plats in a city or town involving
both a trunk highway and a highway under county jurisdiction shall be submitted by the city or town to the county highway
engineer as provided in paragraphs (b)~, (c). and (d) and to the commissioner of transportation. Plats shall be submitted by
the city, town, or county to the commissioner of transportation for review at least 30 days prior to the home rule charter or
statutory city, town or county taking final action on the preliminary plat The commissioner of transportation shall submit the
written comments and recommendations to the city, town, or county within 30 days after receipt by the commissioner of such
a plat. Final action on such plat by the city, town, or county shall not be taken until after these required comments and
recommendations have been received or until the 30-day period has elapsed.
Journal oftbe House -74th Day - Monday, Marcb 15,2004 - Top of Page 5247
(b) Any proposed preliminary plat or initial plat filing that includes land located in a city or town bordering an existing or
proposed county road, highway, or county state-aid highway that is designated on a map or county highway plan filed in the
office of the county recorder or registrar of titles, must be submitted by the city or town to the county engineer within five
business days after receipt by the city or town of the preliminary plat or initial plat filing for written comments. and
recommendations. The county engineer's review shall be limited to factors of county significance in conformance with
adopted county guidelines developed through a public hearing or a comprehensive planning process with comment by the
cities and towns. The guidelines must provide for development and redevelopment scenarios, allow for variances, and reflect
consideration of city or town adopted guidelines. This paragraph does not applv to a proposed preliminary plat or initial plat
filing that borders a county state-aid highway in a county that has adopted an ordinance as provided in paragraph (d).
(c) Within 30 days after county receipt from the city or town of the preliminary plat or initial plat filing, the county engineer
shall provide to the city or town written comments stating whether the plat meets county guidelines and describing any
modifications necessary to bring the plat into conformity with the county guidelfues. No city or town may approve a
prelimfuary plat until it has received the county engfueer's written comments and recommendations or until the county
engfueer's comment period has expired, whichever occurs first. Within ten business days followfug a city's or town's approval
of a prelimfuary plat, the city or town shall submit to the couiIty board notice of its approval, along with a statement
addressing the disposition of any written comments or recommendations made by the county engfueer. In the event the city or
town does not amend the plat to conform to the recommendations made by the county engfueer, representatives from the
county and city or town shall meet to discuss the differences and determfue whether changes to the plat are appropriate prior
to final approval. This requirement shall not extend the time deadIfues for prelimfuary or final approval as required under this
section, section 15.99 or 462.358, or any other law, nor shall this requirement prohibit fmal approvaf as required by this
section. This paragraph does not apply to a proposed prelimfuarv plat or fuitial plat filing that borders a .county state-aid
highwav fu a county that has adopted an ordfuance as provided in paragraph (d).
(d) A county that has adopted a long-term comprehensive transportation plan that fucludes detailed mappfug mav by
ordinance authorize its county engfueer to review and approve any proposed preliminary plat or fuitial plat filfug that fuc]udes
land that is located in a city or town and that borders an existin~ or proposed county state-aid highway. A city or town
proposin~ such a plat or filfug fu a county that has adopted such an ordinance must submit the proposed plat or filing to the
county engineer. Upon receipt of such a notice the county engineer shall review the plat or filing for (1) conformity to the
county's long-term comprehensive transportation plan. (2) the amount of right-of-way fu the platted land dedicated to
highway purposes. (3) adequacy of drafuage provisions. (4) adequacY of control access to the highway. and (5) congestion
management and traffic flow issues. Withfu 30 dayS of receipt the county engfueer shall notify the city or town of approval or
disapproval of the prelimfuarv plat or filing. Fai]ure by the county engfueer to act withfu the 30-day period constitutes ~
httn://ww3.house.leQ.state.mn.us/cco/iollrnalsI200i-04/JOi 1 'i074 htm#'i741'l 17/"\!?On7 ~<
Journal of the House - 74th Day - Monday, March 15,2004 Page 2 of2
approval. A city or town subiect to this paragraph mav not approve a preliminlll)' plat unless it has previouslv been approved
bv the county engineer.
~ A legible preliminlll)' drawing or print of a proposed preliminlll)' plat shall be acceptable for pUrposes of review by the
commissioner of transportation or the county highway engineer. To such drawing or print there shall be attached a written
statement describing; (I) the outlet for and means of disposal of surface waters from the proposed platted area, (2) the land
use designation or zoning category of the proposed platted area, (3) the locations of ingress and egress to the proposed platted
area, and (4) a preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered
engineer or land surveyor, showing the existing or proposed state highway, county road, or county highway and all existing
and proposed rights-of-way, easements, general lot layouts, and lot dimensions. Failure to obtain the written comments and
recommendations of the commissioner of transportation or the county highway engineer. or ap.proval of the county engineer
where required. shall in no manner affect the title to the lands included in the plat or the platting of said lands. A city, town, .
or county shall file with the plat, in the office of the county recorder or registrar of titles, a certificate or other evidence
showing submission of the preliminlll)' plat to the commissioner or county highway engineer in compliance with this
subdivision. "
Journal ofthe House - 74th Day - Monday, March 15,2004 - Top of Page 5248
Amend the title as follows:
Page I, line 5, delete everything after "2"
Page I, line 6, delete everything before the period
With the recommendation that when so amended the bill be re-referred to the Committee on Transportation Finance without
further recommendation.
~
http://ww3.house.leg.state.mn.us/cco/iournals/2003 -04/J031507 4 .htm#5246 12/5/2007
Journal of the House - 82nd Day - Tuesday, March 30, 2004 ~ Page 1 of3
Kuisle from the Committee on Transportation Finance to which was referred:
~ H. F. No. 1913, A bill for an act relating to highways; providing for county board approval of certain preliminary. plats and
initial plat filings; amending Minnesota Statutes 2002, section 505.03, subdivision 2.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2002, section 462.352, is amended by adding a subdivision to read:
Subd. 19. [PLAT ROADWAY ELEMENTS.] "Plat roadway elements" means the elements or portions of a plat relating to
right-of-way land dedicated to highway purposes. drainage. highwav access control. and congestion management and traffic
flow.
Sec. 2. Minnesota Statutes 2002, section 462.358, subdivision 3b, is amended to read:
Subd. 3b. [REVIEW PROCEDURES.] The regulations shall include provisions regarding the content of applications for
proposed subdivisions, the preliminary and fmal review and approval or disapproval of applications, and the coordination of
such reviews with affected political subdivisions and state agencies. As provided in subdivision 3d.. the reg!!lations must
require an' applicant to include in the application proof that the proposed plat roadwav elements were submitted to the county
engineer if the proposed subdivision abuts an existing or proposed county hig:hwav. or to the commissioner of transportation
if the proposed subdivision abuts an existing or proposed trunk highway. Subdivisions including lands abutting upon any
existing or proposed trunk highway, county road or highway, or county state-aid highway shall also be subject to review. The
regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of
subdivisions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations
may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the
decision of the governing body of the municipality unless otherwise provided by law or charter. The regulations shall require
that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by
law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official
newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity
to make presentations. The county engineer's or commissioner of transportation's comments made as authorized by section
505.03. subdivision 2. if anv. must be entered on the record at the public hearing and considered by the municipality. A
subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application
completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review
period has been agreed to by the applicant. provided that the time for review includes the review required under subdivision
3d. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk
of the municipality shall within ten days certifY that the subdivision regulations of the municipality do not apply to the
particular division.
If the municipality or the responsible agency of the municipality fails to preliminarily approve or disapprove an application
within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall
execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the
municipality, and upon such request the municipality shall certifY final approval within 60 days if the applicant has complied
with all conditions and requirements of applicable regulations and all conditions and requirements upon which the
preliminary approval is expressly conditioned either through performance or the execution of appropriate agreements
assuring performance. If the municipality fails to certifY final approval as so required, and if the applicant has complied with
all conditions and requirements, the application shall be deemed finally approved, and upon demand the municipality shall
execute a certificate to that effect. After fmal approval a subdivision may be filed or recorded.
Journal of the House - 82nd Day - Tuesday, March 30, 2004 - Top of Page 6253
Sec. 3. Minnesota Statutes 2002, section 462.358, is amended by adding a subdivision to read:
Subd. 3d. [REVIEW OF PROPOSED PRELIMINARY PLATS ABUITING TRUNK HIGHWAYS OR COUNTY
ROADS.] At least 30 days before filing: the subdivision application with the municipality. and without extending the time for
(fj
review under subdivision 3b. an applicant must submit the proposed plat roadway elements to the county engineer if the
http://ww3.house.leg.state.mn. us/cco/iournals/2003-04/J03 30082.htm#6252 12/5/2007
Journal of the House - 82nd Day - Tuesday, March 30, 2004 Page 2 of3
proposed preliminary plat abuts an existing or proposed county road or to the commissioner of transportation if the proposed
p..reliminary plat abuts an existing or proposed trunk highwav. The subdivision application to the municipality must include
proof that the proposed plat roadway elements were submitted timely to the county engineer or commissioner of
transportation.
Sec. 4. Minnesota Statutes 2002, section 505.03, subdivision 2, is amended to read:
Subd. 2. [pLAT APPROVAL; ROAD REVIEW.] (a) Any proposed preliminary plat in a city, town, or county, which
includes lands abutting upon any existing or established trunk highway or proposed highway which has been designated by a
centerline order filed in the office of the county recorder shall first be presented by the city, town, or county to the
commissioner of transportation for written comments and recommendations. Preliminary plats in a city or town involving
both a trunk highway and a highway under county jurisdiction shall be submitted by the city or town to the county highway
engineer as provided in paragraphs (b) and (c) and to the commissioner of transportation. Plats shall be submitted by the city,
town, or county to the commissioner of transportation for review at least ~ 14 days prior to the home rule charter or
statutory city, town or county tal<if1g fl1lttl aea311 public hearing on the preliminary plat under section 462.358. subdivision
3b. The commissioner of transportation shall submit the written comments and recommendations to the city, town, or county
within ~ H days after receipt by the commissioner of such a plat. Final action on such plat by the city, town, or county shall
not be taken until after these required comments and recommendations have been received or until the ~ 14-day period
has elapsed.
(b) Any proposed preliminary plat or initial plat filing that includes land located in a city or town bordering an existing or
proposed county road, highway, or county state-aid highway that is designated on a map or county highway plan filed in the
office of the county recorder or registrar of titles, must be submitted by the city or town to the county engineer within five
business days after receipt by the city or town of the preliminary plat or initial plat filing for written comments and
recommendations. The county engineer's review shall be limited to factors of county significance in conformance with
adopted county guidelines developed through a public hearing or a comprehensive planning process with comment by the
cities and towns. The guidelines must provide for development and redevelopment scenarios, allow for variances, and reflect
consideration of city or town adopted guidelines.
(c) Within ~ 14 days after county receipt from the city or town of the preliminary plat or initial plat filing, the county
engineer shall provide to the city or town written comments stating whether the plat meets county guidelines and describing
any modifications necessary to bring the plat into conformity with the county guidelines. No city or town may approve a
preliminary plat until it has received the county engineer's written comments and recommendations or until the county
engineer's comment period has expired, whichever occurs first. Within ten business days following a city's or town's approval
of a preliminary plat, the city or town shall submit to the county board notice of its approval, along with a statement
addressing the disposition of any written comments or recommendations made by the county engineer. In the event the city or
town does not amend the plat to conform to the recommendations made by the county engineer, representatives from the
county and city or town shall meet to discuss the differences and determine whether changes to the plat are appropriate prior
to final approval. This requirement shall not extend the time deadlines for preliminary or final approval as required under this
section, section 15.99 6r 462.358, or any other law, nor shall this requirement prohibit fmal approval as required by
this section.
Journal ofthe House - 82nd Day - Tuesday, March 30, 2004 - Top of Page 6254
(d) A legible preliminary drawing or print of a proposed preliminary plat shall be acceptable for purposes of review by the
commissioner of transportation or the county highway engineer. To such drawing or print there shall be attached a written
statement describing; (I) the outlet for and means of disposal of surface waters from the proposed platted area, (2) the land
use designation or zoning category of the proposed platted area, (3) the locations of ingress and egress to the proposed platted
area, and (4) a preliminary site plan for the proposed platted area, with dimensions to scale, authenticated by a registered
engineer or land surveyor, showing the existing or proposed state highway, county road, or county highway and all existing
and proposed rights-of-way, easements, general lot layouts, and lot dimensions. Failure to obtain the written comments and
recommendations of the commissioner of transportation or the county highway engineer shall in no manner affect the title to
the lands included in the plat or the platting of said lands. A city, town, or county shall file with the plat, in the office of the
county recorder or registrar oftitles, a certificate or other evidence showing submission of the preliminary plat to the
commissioner or county highway engineer in compliance with this subdivision."
http://ww3.house.leg.state.mn.us/cco/journals/2003-04/J03 3 0082.htm#6252 121512007@
Journal of the House - 82nd Day - Tuesday, March 30, 2004 Page 3 of3
Delete the title and insert:
"A bill for an act relating to highways; providing for review of proposed preliminary plats abutting trunk highways or county
roads; amending Minnesota Statutes 2002, sections 462.352, by adding a subdivision; 462.358, subdivision 3b, by adding a
subdivision; 505.03, subdivision 2."
With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative
Administration.
The report was adopted.
.
http://ww3.house.leg.state.mn.us/cco/journals/2003 -04/J03 30082.htm#6252 ~
12/5/2007
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (7!l3) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: President & EDA Board Members
FROM: Jim Dickinson, Executive Director
SUBJECT: Supplemental Agenda Item for January 2,2008 EDA Meeting
DATE: J anuary2, 2008
The EDA is requested to receive the following supplemental information.
Item #5. Review Purchase Agreement (Griffen Business Holdings) (Supplemental)
--
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER US
TO: EDA President and Board
CC: Jim Dickinson, Executive Direct
FROM: Will Neumeister, Director of Community Development tv'd-
SUBJECT: Review Purchase Agreement (Griffen Business Holdings) - Supplemental
DATE: Janumy 2, 2008
Issue #1 - Mr. Murli Nagwani has sent an E-mail requesting the list of allowable uses be further restricted (see
attached). It should be understood that the list of excluded uses in Andover Station North already contains "Adult
Uses". Also, about a year ago the EDA discussed at length the addition of dry cleaning and processing plants and
determined that they are not considered hazardous and new facilities must meet strict requirements of the
Minnesota Pollution Control Agency. The decision was to add them to the allowable uses list.
Issue #2 - Mr. Nagwani asked for a few other changes to the Purchase Agreement language, see attached marked
up copy for details. The proposed changes are as follows:
Paragraph 2 - Change 24 feet to 30 feet wide.
Paragraph 4 - The dollar amount needs to be changed; "net area" should be changed to "gross area".
Paragraph 22 - The paragraph should be changed to add a subsection b to allow for shared parking between the
north and south half of Lot 24.
A new paragraph needs to be added to cover the buyer being entitled to a portion of the sign on the multi-tenant
sign that will be built along Bunker Lake and Hanson Boulevards.
DISCUSSION
Staff has had recent discussions with someone interested in buying the north half of the lot that would buy it for
the purpose of building a dry cleaning drop-off/processing plant. Staff recommends that the restrictions
of the
uses not include this use, as it is not considered hazardous with the modem MnPCA standards. As far as the other
uses on the proposed exclusion list (Le., another day care facility, liquor store, printers with processing plant, car
wash) we do not have a problem with putting them in the purchase agreement relative to the north half of Lot 24,
Parkside at Andover Station.
ACTION REOUESTED
The EDA is asked to discuss Issue #1, the list of allowable uses, and determine whether the list should be further
restricted as Mr. Nagawai has requested for the north half of the lot. Secondly, the EDA is asked to authorize the
changes referenced to the agreement that are described above.
Respectfully sub~~
Will Neumeister
Attachments: E-mail from Mr. Nagwani, Current Uses List for Andover Station North
From: Murlidhar Nagwani [m.nagwani@comcastnet]
Sent: Tuesday, January 01, 2008 9:37 PM
To: Will Neumeister
Subject: Re: Griffen Business Holdings Purchase Agreement
Will:
At this time we would like to propose following exclusions for the north halt
1. All "Excl4ded Uses" listed by EDA in the design standards document including "adult uses"
2. Another childcare facility
3. Liquor store
4. Dry Cleaners with processing plant
5. Printers with processing plant
6. Car Wash
Also, I left you a voice mail on Friday regarding couple of issues. One adding language regarding right to signage
area on both intersections and second providing further detail on five bituminous driveway. Let's touch base
tomorrow.
Regards, Murli
1.06 "Property" shall mean all of the real Property submitted to the provisions of these Design
Standards, including all improvements located on the real Property now or in the future. The
Property as of the date of the adoption of the Design Standards is legally described on Exhibit A.
1.07 "Permitted Uses" shall mean the permitted uses of the Property be limited to community
commercial, office, entertainment, builder's showcase, office warehouse and residential as
defined below. The uses shall be limited to those as defmed herein. If there is a question as to
whether or not a use meets the definition, the Economic Development Authority shall make that
interpretation.
1.08 "Community Commercial" shall mean the establishments engaged in commercial
operations including retail trade and services and hospitality industries. These uses shall include
the following:
. Apparel and Clothing . Barber and Beauty Shop
. Book Store . Florist
. Food and Grocery Stores . Jewelry Store
. Leather Goods . Music
Store
. Photography Studio . Optometrist
. Sporting Goods . Car Wash
. Antiques . Bicycles
. Bakeries . Candy
. Carpets & Rugs . Catering
Establishments
. China & Glassware . Clothing
& Costume Rental
. Department Stores . Electrical
Sales & Repair
. Furniture . Gifts
. Hobby Shops . Household
A liance
. Interior Decorating
Retail Laundry & Retail Dry <
Cleaning
Pickup & Processing
Facility
. Locksmith Shop . Luggage
. Office Supply & Equipment . Paint & Wallpaper Sales
. Pharmaceutical . Restaurants
. Tailoring . Tobacco
. Toys . Variety Stores
. Video Store Rental & Sales . Liquor Store Sales - Off-Sale
. Lighting Studios . Day Care
Centers
1.09 "Builders Showcase" shall mean uses related to the home building industry, these shall
include:
. Home and Office Electronics . Drywall Companies
. Cabinet Shops . Contractors
Offices
Andover Station North
Design Standards
March 20, 2007
-2-
. Interior Decorating Supplies and . Household
Appliances and
Services
Fixtures, Central Vacuums
. Other similar home
building . Indoor Showroom
related uses provided
all
materials and goods are stored
inside.
. Building Supply (Provided all materials are stored inside)
. Garden Centers (Bulk goods must be adequately screened)
· Window/Garage Door Sales (provided all materials are stored inside)
1.10 "Office Uses" shall mean establishments engaged in strictly office operations not requiring
loading or warehousing facilities, these shall include:
. Scientific and Technology Industries
. Office and Administrative Facilities
· Financial Institutions
. Conference Centers
. Health and Dental Care Facilities
. Hotels and Motels
. Day Care Facilities
. Veterinary Hospital
1.11 "Office\Warehouse Uses" shall mean establishments engaged in operations requiring both
office and warehousing facilities. Office space shall constitute at least 20% of floor area. There
shall be minimal impact upon the surrounding environment by noise, vibration, smoke, dust or
pollutants. These shall include:
. Indoor limited retail sales accessory to office\limited manufacturing uses
. Scientific and Technology Industries
. Indoor Showroom
. Office/Showroom
. Office and Administrative Facilities
1.12 "Entertainment Uses" shall mean establishments engaged in providing entertainment,
these shall include the following:
. Theatres
. Restaurants
. Health Club
· Private Clubs, Lodges, Halls or Convention Centers
· Indoor Commercial Recreation
1.13 "Residential Areas" shall be allowed on lots 4 & 5, block 1, Andover Station North.
Andover Station North
Design
Standards
March
20, 2007
-3-
1.14 "Excluded Uses" shall mean the following uses and activities are prohibited within the
Property:
. Contractors Yards
> . Auto Related Industries, including sales and repmr<< except.
car was~ (
. Used Material Yard
. Exterior storage and sales
. Manufacture, Storage or Sale of Explosives or similar dangerous
products
~rucking Te~ _
) t. "Adult Uses" as regulated by City Ordinanc~ <
SECTION 2
PROJECT DESIGN STANDARDS
The purpose of the Andover Station North development is to provide for the orderly and
integrated development of a high quality Commercial Center that includes a mix of shops,
offices, office/showroom, entertainment, housing, recreation, community facilities, and open
space. The Andover Station North Design Standards are intended to encourage creative
application of specific design principles to the Property. The goal of the design review process is
to provide a framework for performance based communication, collaboration, negotiation and
accommodation. The following are the primary categories of the Andover Station North Design
Standards:
2.01 Site Plan
2.02 Landscaping
2.03 Architecture
2.04 Parking
2.05 Lighting
2.06 Signage
2.07 Minimum Standards
2.08 Maintenance, Alterations,
Construction, Noxious Activities, Temporary
Structures
2.09 Residential Design Standards
2.01 Site Plan - Each site plan submitted within the Property shall be reviewed to be in
substantial compliance with the following:
A. Site Planning to Preserve Natural Assets-While the network of required streets is
fixed, many site decisions remain for other streets and for buildings.
B. Views and Vistas-Site planning shall recognize the role that street alignment and
topography contribute to visual prominence.
Andover Station North
Design Standards
March 20, 2007
-4-
PURCHASE AGREEMENT
1. PARTIES. This Purchase Agreement is made on
,
2008, by and between Andover Economic Development Authority, a body
corporate and politic, 1685 Crosstown Boulevard NW, Andover, Minnesota,
("Seller") and Griffen Business
Holdings, Inc., d/b/a Foundation Hill
and
a Minnesota corporation,
("Buyer") .
2. OFFERI ACCEPTANCE. Buyer agrees to purchase and Seller
agrees to sell real property legally deSCri~~d:SfOllO=S:....>7~~~1(jo)
1;> Parkside ....atAndElStBctiOrl
("Property"), together with a non-exclusive twcn~ [ 21) foot
wide easement for driveway purposes ("Driveway Easement") over
the following described parcel:
North half of Lot 24, Block 1, Parkside at Andover Station.
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 with the additional right to
utilize a soil stockpile located on the north half of Lot 24, Block 1,
Parkside at Andover Station for the purpose of building up the
grade for Buyer's building site and parking lot. Buyer's
right to
utilize said soil does not include the right to mine the site down,
but to only utilize soil from the existing stockpiles currently located
on the property.
4. PRICE AND TERMS. The price for the real property included
in
this sale: One Hundred Eighty-Eight Thousand Five Hundred Fifty-Seven and
60/100 Dollars ($188,557.60). This price includes $179,868.75 for land and
$8,688.85 for park dedication fees, 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
II~Iil!lr~Hi ~ f,)__1 ~O/ 100 Dollars ($183,557.60) cash n or before June 2,
2008 ("Closing Date"). In the event that Buyer has n t completed its due
diligence within six (6) months from the date of this Agree ent as provided, but
is engaged in the process of entitlement to obtain those provals and permits
1
t'1'7 ~~ 7&-~/~ ~
/~ ~ ~ ~11dD&~
diligence 'within six (6) months from the date of this Agreement as provided, but
is engaged in the process of entitlement to obtain those approvals and permits
set forth in Section 5(b) below, Seller agrees to extend the Closing Date an
additional sixty (60) days. If Buyer cancels this Agreement in writing at any
time during the due diligence period, including the sixty day extension of the
Closing Date, Buyer's earnest money shall be completely refunded to the Buyer
within ten (10) business days of Seller's receipt of the written notice of
cancellation. If Buyer fails to cancel this Agree:ment within said time period,
Buyer's earnest money shall become non-refundable to Buyer. J"".p
The purchase price is based upon a site estimated to be 42,8~[~qUare
feet. The price herein represents a per square foot price for the ~ ~ea of
$4.40. Sflid price includes the land price, park dedication fees, all water and
sewer area and connection charges for the initial building construction, and all
assessments for street, curb and gutter, sidewalks, storm sewer, sanitary
sewer, and water main assessments. After a survey of the property is
completed by the AEDA as required in paragraph 8 herein and the actual gross
square footage is knovm, the price shall be adjusted to reflect the change in the
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, as determined by
Buyer in Buyer's sole discretion.
(b) Buyer shall have obtained all zoning, land use, signage, watershed,
environmental and other govemmental approvals and permits Buyer shall
deem necessary to use the Property in the manner contemplated by Buyer,
including, but not limited to, 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, all as determined by Buyer in Buyer's sole discretion.
(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 Closing Date, Title shall have been found
acceptable, in accordance with the requirements and terms of Sections 14 and
15 below.
2
19. INDIVIDUAL SEWAGE
TRE..>\ TMENT SYSTEM DISCLOSURE.
Seller certifies that there is no L."1dividual sewage treatment system on or
serving the property.
20. PAYMENT OF CLOSING COSTS. Each party will pay closing costs
which are normally allocated of Buyers and Sellers in a real estate transaction.
21. PARK DEDICATION FEES. Seller shall be responsible for payment
of all park and trail dedication fees due the City of Andover for development by
Buyer of the Property.
22. DRIVEWAY CONSTRUCTION AND MAINTENANCE AGREEMENT.
~'A: All necessary parties shall enter into a shared driveway construction and
maintenance agreement prior to closing, covering the easement described in
paragraph 2. Said agreement shall provide that a five (5) bituminous surface
driveway shall be constructed by Buyer across the Driveway Easement
described in paragraphs 2 to provide clear access to the Property from 139th
Lane N.W. After construction of said driveway, Seller shall reimburse Buyer for
the cost of the driveway from the edge of the Property to 139th Lane N.W, upon
presentation of appropriate documentation depicting the costs incurred by
Buyer in constructing the driveway. All future access maintenance costs for
said driveway shall be shared by, and be the responsibility of, Buyer and the
owner of the North half of Lot 24, Block 1, Parkside at Andover Station.
~ /. ;71..M'J:-6 f<lJ4i"1 '
23. HAZARDOUS WASTE. Seller shall provide Buyer with an
environmental indemnification for the Property and will pay all costs, including
reasonable attomey's fees, associated with any additional
environmental
remediation upon the Property for a period of two (2) years following the Date of
Closing.
24. LOT SPLIT APPROVAL. Seller shall obtain City approval
of a lot
split to subdivide Lot 24, Block 1, Parkside at Andover Station into a parcel
that is suitable for the layout of the building and parking lot as anticipated by
the parties.
25. CLOSING AGREEMENT. Seller and Buyer shall execute a
Closing
Agreement at the Closing addressing all issues described at Sections 11, 22, 23
and 24, and any other necessary issues.
The Andover Economic Development I agree to purchase
the property
Authority agrees to sell the
for the price and terms and
property for the price and terms conditions set forth
above.
and conditions set forth above.
10