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EDA - May 18, 2010
C I T Y O F ,ND 4V ' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING May 18, 2010 6:00 p.m. Conference Rooms A & B 1. Call to Order— 6:00 p.m. 2. Approval of Minutes (May 4, 2010 Regular, May 4, 2010 Closed) 3. Discussion with Metro North Metro Chamber of Commerce and Andover Station 11 Owners Association 4. Andover Station Maintenance & Marketing Discussion 5. Other Business 6. Adjournment 4 C I T Y 0 F \1NDOVEA. 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: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: May 18, 2010 INTRODUCTION The following minutes were provided by Staff for EDA approval: May, 4, 2010 Regular Meeting May 4, 2010 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The EDA is requested to approve the above minutes. Respectfully submitted, ! tt Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ANDOVER ECONOMIC DEVEL OPMENT A UTHORITY MEETING MAY 45 2010 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by Vice President Julie Trude, May 4, 2010, 6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Absent: Also present: AGENDA APPROVAL President Mike Gamache (arrived at 6:03 p.m.) Commissioners Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude, Robert Nowak, Joyce Twistol None Executive Director, Jim Dickinson Community Development Director, Will Neumeister Public Works Director /City Engineer, Dave Berkowitz Others Vice President Trude stated the following items would be added to the agenda for discussion: Item 3A Metro North Chamber of Commerce letter and Item 5 will be moved to closed session. Motion by Jacobson, Seconded by Knight, to approve the agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES April 20, 2010 Regular Meeting: Correct as amended. Commissioner Trude stated the following should be added on page 4, line 9: "Vice President Trude requested a polling of the EDA members before adjornment on whether to terminate the Prairie Restorations contract rather than wait another whole season. Commissioners Jacobson, Bukkila, an d Knight indicated no and Trude Nowak and Twistol yes. Additional discussion occurred on whether native prairie was even desired." Motion by Knight, Seconded by Twistol, approval of the minutes as amended. Motion carried unanimously. ANDOVER STA TION MAINTENANCE DISCUSSION The following items were discussed: Median Maintenance on Bunker Lake Boulevard 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover Economic Development Authority Meeting Minutes —May 4, 2010 Page 2 Mr. Neumeister indicated the three year contract with Prairie Restorations is done the end of this season. Prairie Restorations will be replacing 50% of the plantings of the median end caps. Commissioner Jacobson asked what the bid was for stamped concrete to be placed in the median. Mr. Berkowitz indicated three years ago the bid for white concrete was $160,000 and stamped concrete is more expensive than white concrete. Commissioner Jacobson suggested putting concrete in the median since there is not a lot of maintenance with concrete. Commissioner Bukkila stated the EDA has an obligation to let Prairie Restorations finish out the three year contract. Mr. Dickinson indicated Prairie Restorations was selected for providing an alternative with minimal maintenance cost. Mr. Dickinson stated putting concrete in the medians would be a qualifying project to use TIF funds. President Gamache stated to give Prairie Restorations this last season, if it is not what is expected then look into doing something else next year. Commissioner Jacobson requested Staff get quotes on putting in half stamped concrete and half sod in the median. Motion by Gamache, Seconded Bukkila to finish out the contract with Prairie Restorations for this season since the project is already paid for. Motion carried 4 ayes and 3 nays (Trade, Nowak Twistol) Appearance of Pond Mr. Neumeister indicated the plants have been ordered and he showed on the map where the plants would be placed around the pond. Light up the Fountain Mr. Neumeister indicated the fountain light was cleaned and is now on. Consensus of the EDA was the fountain light looks good. Music Programs Mr. Neumeister stated Oak View Middle School has been contacted to perform music at a future event. He has not heard back yet. More details will be brought to a future meeting. LETTER FROM METRO NORTH CHAMBER OF COMMERCE Mr. Dickinson indicated a letter was received from Tom Snell, Executive Director of Metro North Chamber of Commerce. The letter states the businesses in Andover Station II have concerns about 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover Economic Development Authority Meeting Minutes —May 4, 2010 Page 3 paying for the boulevard maintenance on a public street. Mr. Dickinson stated he has contacted Mr. Snell and indicated the EDA would be more than happy to sit down with this group of business owners on May 18`x'. Mr. Dickinson is waiting for a reply. Commissioner Twistol would like a letter sent on behalf of the EDA to Mr. Snell on their feelings toward his letter. President Gamache would like a break down of the costs to the Association be sent to Mr. Snell. Motion by Jacobson, Seconded by Bukkila to schedule an EDA meeting for May 18, 2010 at 6:00 p.m. Motion carried unanimously. PURCHASE AGREEMENTILETTER OF INTENTIPROGRESS REVIEW Mr. Neumeister updated on the following: Lights in Andover Station — Public Works will be sandblasting and repainting them black in color. Public Works will start this project next week. The expense will be charged to the EDA. Kwik Trip Convenience Store — There are issues at the County with the plat. The project could be delayed up to 4 weeks. The City has received a right -of -entry from Kwik Trip to remove trees. 2010 Business Networking Events — There will be 25 pairs of Twins tickets given away randomly to the Andover businesses. Commissioner Twistol suggested sending a letter to all the businesses informing them of the drawing. Commissioner Trude would like the EDA to pre- view the letter before it is mailed out. Community Bulletin Board Sign — The quote for a new sign to be placed on the northeast corner of Bunker Lake Boulevard and Crosstown Boulevard is $40,995. The quote to fix the message board outside City Hall is approximately $17,000. More details will be brought to a future meeting. OTHER BUSINESS None. The EDA recessed at 6:55 p.m. to go to a closed session to discuss Parkside at Andover Station North Update. The EDA returned from the recess at 7:03 p.m. Motion by Trude, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 7:03 p.m. Andover Economic Development Authority Meeting Minutes —May 4, 2010 Page 4 Respectfully submitted, Michelle Hartner, Recording Secretary 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 FROM: Jim Dickinson, Executive Director SUBJECT: Discussion with Metro North Chamber of Commerce & Andover Station II Owners Association DATE: May 18, 2010 INTRODUCTION The EDA discussed the attached letter from the Metro North Chamber of Commerce at the May 4th EDA meeting, it was indicated by the Executive Director that the EDA would entertain a meeting with representatives of the Metro North Chamber of Commerce and the Andover Station II Owners Association. Representatives from the aforementioned groups will be present at the meeting to discuss the topics outlined in the letter. DISCUSSION The primary theme of the North Metro Chamber of Commerce letter is the question of who should pay for the expenses associated with the ongoing maintenance of the public boulevards that serves the Andover Station II Owners Association member businesses. Currently the responsibility to maintain the boulevards has been shared by the owner associations in the Andover Station area and the City of Andover EDA. Attached for your reference is a summary of the costs incurred since 2002 to maintain the areas in question along with the respective expense allocations to the associations and the EDA. Also attached are staff reports and minutes from the last meeting (February 19, 2008) that representatives of the Andover Station II Owners Association appeared before the EDA and reports and minutes of the subsequent results of that initial discussion. ACTION REQUESTED The EDA is requested to receive a presentation from representatives of the Metro North Chamber of Commerce and the Andover Station II Owners Association, discuss the issues at hand and provide direction to staff on how to proceed. , ffn i Man R, 11) 1 FchaimjibejF6 oniynerive April 23, 2010 Council Member 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Council Member It has come to the attention of the MetroNorth Chamber of Commerce that several businesses at Andover Station 11 are deeply concerned about having to pay for boulevard maintenance .on a public street. While cities are stretched financially in our challenging economic environment, businesses also feel the harsh brunt of the recession, particularly in the entertainment and restaurant industry which represent several primary tenants at Andover Station 11. Andover has several commonly used legal options in financing a public thoroughfare. One funding source typically used is the city's tax base. Since the boulevard is a public street, the fairest funding source is city property tax. Businesses already pay higher property taxes than Andover residents, and when the City adds additional unfair burdensome fees for street maintenance, image problems and negative relationship issues with area businesses are created. Andover is one of the premier suburban communities in the entire metropolitan area. It has an outstanding family friendly atmosphere that is the envy of many other cities. I urge you to build upon that foundation by enhancing your relationship with the businesses located at Andover Station 11. Creating a business friendly atmosphere that is the envy of many other cities is easy. It starts with fairness and common sense. Business and government need to work together and support each other. Let's forge a win/win relationship that benefits everyone. Join with the MetroNorth Chamber of Commerce in supporting uniform funding for street and boulevard maintenance between the citizens of Andover and the business community. Thank you for your attention to this situation. Please feel free to call or e-mail me if you have and questions. My phone number is (763) 783 -3553 and my email is tom@metronorthchamber.org. Sincere /6r� �Jzc -Cf Tom Snell Executive Director �L Metro North Chamber Of Commerce The 21st Century Bank Building 9380 Central Ave. NE, Suite 210 • Blaine, MN 55434 - 763.7833553 • FAX 763.783.3557 +' www.metronorthchamber.org • E -mail: chamber @metronorthchamber.org 3 O 0 N M LE (C E E ) C ca m N O U C O N O a c Co C t0 y CO cc a rn 1 Aq V P N O N V' t0 C Of V' r< T O N t0 O t0 M r O N 10 10 O (D 0) O O O N N N P It co P- 0 b N O M T P M O co P O p O N O O f: CD T N at tM m N M tD N CO (D r W) OD N N N w w r O N 0) I- W t0 O tD tD tD W r to N O N D) M W M r P CD 0) P r CO CO N O M D) m O 1L/ tV w {T P t0 CD p P r co 0) V W Cl) 0) N r to P P r p M r lc to P t0 W a U) M t0 N O N •1' N u7 CD P t0 La N N N w w t0 O N O O 'I V r N 1D r r tD 0) O to tD O O tD � M N D) r . b P N O N to O (O tD P 7 N 0) M 0) N p r b V' N O t0 r P to D) r P W p W r 0) P n N N W M t0 O W N O M M O M M' W t DO M r r r M M r Cl) E w w E (n O) n O m CO mm O r M r tDP m r C P O N P O 4) M r N 0 O Cl) N r CO t+7 '� tp M O N N Q7 P (O V, t0 N r N M N r N p r P P m N r r O N m O N N L O r r N M M N m N r M a n't N a N 01 M P P b N WCO L6 N N ar- ar- O w w Z V Q C P O O O a0 co P T b a0 r b V LL C O O N N O P M r P N O D) N CO O U} d tO ri O t0 N t] 0) (D M CO N ao YI h N C p r r (D er (0 N co P r V tD LO r CO tD F p V r V O co O N O r N M co 0) to M N CO N r M (6 Ir CD O M U r N N N C w w O V r O V t0 M W N 1p r fD /A lO O O N P 0) (D P N N N M (D N O O co O c0 0) O W to O to N CD O p CD r tD P co t0 N W N O N N N a O W r a 0) P P N tD r O 0) e r N O r r t0 O N Q N N CO N w w Ol N P m t0 m N r r O N r 01 N )O W O P m 7 N O r M r N V O r t0 O r t0 O p M D) N O (O O P O CO e} ID P O p m to ao w w tD n m tD o m N N N t0 OI O v M N CO') w N w 2) d co N O 3 a>0 7 (OD W, LO m N P w O m O P N O N N N N p 10 r N LL] P O O N M to N p W r P fA c0 N M O M N 0) 00 M N r m Cf/ eq M M N M N M vi N w Q w C TO Y c C d to L m O) m ,� 0) c O c m rn rn O O O 2 7 H y C(D V C C C `O N N (B OI O t� u I- 4 ii W W W H E 'Q N y d F d N d N o d C 0 O 0 m W d O r X )( X c c c F CL Y C 3 c 0 td7 K W Q m' M d �+ d r t6 'C l9 d= d '- 0 0 0O C N@ N Cd LL N CJ �_J rmQUUU > J Q 3: : S m 5 U C7 Q Q Q 3 O 0 N M LE (C E E ) C ca m N O U C O N O a c Co C t0 y CO cc a rn 1 Aq CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2002 Costs Prior to 2002 Street Lights Connexus Energy 6,462.68 100.00% 6,462.68 $ 27,316.81 a ,J 9 g /data /staff/Ibrezinka /Andover Station Cost Sharing 2002 5/13/2010 Area A -116 Group Area B - UP Area C - EDA Bleeker's Mowing $ 6,720.00 26.84% $ 1,803.65 15.76% $ 1,059.07 57.40% $ 3,857.28 Landscape Area 3,600.00 38.86% 1,398.96 13.66% 491.76 47.48% 1,709.28 Fertilizer 1,800.00 26.84% 483.12 15.76% 283.68 57.40% 1,033.20 Annual Plantings 2,032.29 38.86% 789.75 13.66% 277.61 47.48% 964.93 Perennials 2,856.74 50.00% 1,428.37 0.00% - 50.00% 1,428.37 Mulch 480.00 50.00% 240.00 0.00% 50.00% 240.00 Replace Maple Trees 1,218.15 0.00% - 0.00% - 100.00% 1,218.15 Spring Clean Up 1,520.00 38.86% 590.67 13.66% 207.63 47.48% 721.70 Replace 2.5" BB Trees 1,650.00 0.00% - 0.00% - 100.00% 1,650.00 Fix Bullet Edges 95.00 0.00% - 0.00% - 100.00% 95.00 Irrigation 685.00 38.86% 266.19 13.66% 93.57 47.48% 325.24 22,657.18 7,000.71 2,413.32 13,243.15 United Rentals Lane Closures on Bunker 1,118.25 38.86% 434.55 13.66% 152.75 47.48% 530.95 Street Lights Bulbs 1,726.02 50.00% 863.01 0.00% - 50.00% 863.01 Connexus Energy 6,850.99 50.00% 3,425.50 0.00% 50.00% 3,425.49 8,577.01 4,288.51 - 4,288.50 Invoice Totals 32,352.44 11,723.77 2,566.07 18,062.60 36.24% 7.93% 55.83% City Expenses 5,000.00 1,811.88 396.58 2,791.54 Grand Total $ 37,352.44 $ 13,535.66 $ 2,962.65 $ 20,854.13 Costs Prior to 2002 Street Lights Connexus Energy 6,462.68 100.00% 6,462.68 $ 27,316.81 a ,J 9 g /data /staff/Ibrezinka /Andover Station Cost Sharing 2002 5/13/2010 CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2003 g /data /staff/lbrezinka /Andover Station Cost Sharing 2003 J `' 1 511312010 Area A -116 Group Area B - United Prop Area C - EDA Bleeker's Mowing $ 5,500.00 26.84% $ 1,476.20 15.76% $ 866.80 57.40% $ 3,157.00 Landscape Area 4,999.99 38.86% 1,943.00 13.66% 683.00 47.48% 2,373.99 Fertilizer I Weed Control 2,400.00 26.84% 644.16 15.76% 378.24 57.40% 1,377.60 Annual Plantings - 38.86% - 13.66% - 47.48% - Perennials - 50.00% - 0.00% - 50.00% - Mulch 6,765.00 50.00% 3,382.50 0.00% - 50.00% 3,382.50 Pruning 660.00 0.00% - 0.00% - 100.00% 660.00 Spring Clean Up 2,100.00 38.86% 816.06 13.66% 286.86 47.48% 997.08 Replace Trees - 0.00% - 0.00% - 100.00% - Fix Bullet Edges - 0.00% - 0.00% - 100.00% - Irrigation 6,507.00 38.66% 2,528.62 13.66% 888.86 47.48% 3,089.52 28,931.99 10,790.54 3,103.76 15,037.69 United Rentals Lane Closures on Bunker 692.25 38.86% 269.01 13.66% 94.56 47.48% 328.68 Street Lights Bulbs 2,821.57 50.00% 1,410.79 0.00% - 50.00% 1,410.78 Aircon Electric 864.12 50.00% 432.06 0.00% 50.00% 432.06 Connexus Energy 5,865.85 50.00% 2,932.93 0.00% 50.00% 2,932.92 9,551.54 4,775.78 4,775.76 Invoice Totals 39,175.78 15,835.33 3,198.32 20,142.13 40.42% 8.16% 51.41% City Expenses 5,704.62 2,305.88 465.73 2,933.02 Grand Total $ 44,880.40 $ 16,141.21 $ 3,664.05 $ 23,075.15 g /data /staff/lbrezinka /Andover Station Cost Sharing 2003 J `' 1 511312010 CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2004 g /data /staffAbrezinka /Andover Station Cost Sharing 2004 / b .�q 5/13/2010 Area A Area B Area C Andover Station it Andover Economic Owners Association United Properties Development Authority % $ % $ % $ Bleaker's Mowing $ 26.84% $ - 15.76% $ - 57.40% $ - Landscape Area 38.86% - 13.66% - 47.48% - Fertilizer / Weed Control 26.84% - 15.76% - 57.40% - Annual Plantings 38.86% - 13.66% - 47.48% - Perennials 50.00% - 0.00% - 50.00% - Mulch 50.00% - 0.00% - 50.00% - Pruning 0.00% - 0.00% - 100.00% - Spring Clean Up 38.86% - 13.66% - 47.48% - Replace Trees 0.00% - 0.00% - 100.00% - Fix Bullet Edges 0.00% - 0.00% - 100.00% - Irrigation 38.86% - 13.66% - 47.48% - Talberg Lawn & Landscape Granular Pre - Emergent 852.00 26.20% 223.22 31.00% 264.12 42.80% 364.66 Olson's Custom Lawncare Fall Cleanup 540.00 0.00% - 0.00% - 100.00% 540.00 Mulch 246.02 0.00% 0.00% 100.00% 246.02 Mowing 630.00 0.00% 0.00% 100.00% 630.00 1,416.02 1,416.02 Mickman Brothers Winterization 239.00 26.20% 62.62 31.00% 74.09 42.80% 102.29 Landscape Base Bid 4,755.25 26.20% 1,245.88 31.00% 1,474.13 42.80% 2,035.24 Irrigation 1,628.54 26.20% 426.68 31.00% 504.85 42.80% 697.01 6,622.79 1,735.18 2,053.07 2,834.54 Anoka County Highway Dept Permit 110.00 26.20% 28.82 31.00% 34.10 42.80% 47.08 United Rentals Lane Closures on Bunker 1,468.24 26.20% 384.68 31.00% 455.15 42.80% 628.41 Street Lights Bulbs 1,970.76 50.00% 985.38 0.00% - 50.00% 985.38 Aircon Electric - 50.00% - 0.00% 50.00% - Connexus Energy 8,788.93 50.00% 4,394.47 0.00% 50.00% 4,394.46 10,759.69 5,379.85 5,379.84 Invoice Totals 21,228.74 7,751.75 2,806.44 10,670.55 36.52% 13.22% 50.26% City Expenses 899.52 328.46 118.92 452.14 Grand Total $ 22,128.26 $ 8,080.21 $ 2,925.36 $ 11,122.69 g /data /staffAbrezinka /Andover Station Cost Sharing 2004 / b .�q 5/13/2010 Mickman Brothers $ 397.00 Spring Cleanup $ 1,985.00 Start up Irrigation System 1,145.38 Repair Irrigation 491.49 Mid - Season Cleanup 2,997.00 Fall Cleanup 1,635.00 Winterization of Irrigation 160.00 8,413.87 Anoka County Highway Dept Permit 110.00 Water 2,465.25 United Rentals Lane Closures on Bunker 1,045.50 Street Lights Bulbs 868.08 Aircon Electric 3,921.71 Connexus Energy 6,289.37 11,079.16 Invoice Totals 23,113.78 City Expenses 248.25 Grand Total $ 23,362.03 CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2005 Area A Andover Station II Owners Association $ 20.00% $ 397.00 39.20% 448.99 39.20% 192.66 20.00% 599.40 20.00% 327.00 39.20% 62.72 20.00% 22.00 39.20% 966.38 20.00% 209.10 50.00% 434.04 50.00% 1,960.86 50.00% 3,144.69 80.00% 5,539.59 45.10% 8,764.84 15.70% 37.92% g /datalstaff /lbrezinka /Andover Station Cost Sharing 2005 94.14 $ 8,858.98 Area B Andover Station Properties Association $ 80.00% $ 1,588.00 45.10% 516.57 45.10% 221.66 80.00% 2,397.60 80.00% 1,308.00 45.10% 72.16 15.70% 6,103.99 80.00% 88.00 45.10% 1,111.83 80.00% 836.40 24.00% 208.34 24.00% 941.21 24.00% 1,509.45 0.00% 2,659.00 0.00% 10,799.22 15.70% 46.72% $ 10,915.21 Area C Andover Economic Development Authority 0.00% $ - 15.70% 179.82 15.70% 77.17 0.00% - 0.00% - 15.70% 25.12 282.11 0.00% 15.70% 387.04 0.00% 26.00% 225.70 26.00% 1,019.64 26.00% 1,635.23 2,880.57 3,549.72 15.36% 38.13 $ 3,587.85 1� III 5/13/2010 Mickman Brothers $ 541.00 Spring Cleanup $ 2,705.00 New Irrigation controller 3,219.38 Mid - Season Cleanup 2,000.00 Repair Irrigation 674.39 Winterization of Irrigation 545.00 9,143.77 Anoka County Highway Dept Permit 110.00 Water 3,275.59 United Rentals Lane Closures on Bunker 372.76 Street Lights Bulbs 369.85 Aircon Electric 7,227.96 Connexus Energy 7,616.31 15,214.12 Invoice Totals 28,116.24 City Expenses 305.08 Grand Total $ 28,421.32 CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2006 Area A Area B Andover Station II Andover Station Owners Association Properties Association 20.00% $ 541.00 39.20% 1,262.00 20.00% 400.00 39.20% 264.36 39.20% 213.64 20.00% 22.00 39.20% 1,284.03 20.00% 74.55 50.00% 184.93 50.00% 3,613.98 50.00% 3,808.16 7,607.07 11,668.65 41.50% 126.61 $ 11,795.26 g /data /staff /Ibrezinka /Andover Station Cost Sharing 2006 9 80.00% $ 2,164.00 45.10% 1,451.94 80.00% 1,600.00 45.10% 304.15 45.10% 245.80 15.70% 5,765.89 80.00% 88.00 45.10% 1,477.29 80.00% 298.21 24.00% 88.76 24.00% 1,734.71 24.00% 1,827.91 3,651.38 11,280.77 40.12% $ 11,403.17 Area C Andover Economic Development Authority $ 0.00% $ - 15.70% 505.44 0.00% - 15.70% 105.88 15.70% 85.56 696.88 0.00% - 15.70% 514.27 0.00% (0.00) 26.00% 96.16 26.00% 1,879.27 26.00% 1,980.24 3,955.67 5,166.82 18.38% 56.06 $ 5,222.88 ,� o� 1 5/13/2010 I 0 C) N M m n O O N m c c d L U O U c 0 0 a 6 d Y C �N d a E= d N i0 l0 a O O V V M O M M O o r r OtnM (D r O n n h m OD H p •� ' ' mr m(9 O N M N M 0 C Cl) A E L(n n). o LO o c Q C4 cli vi of ao U W » w E 0 0 0 0 0 0 e o 0 0 0 0 .p d 0 0 0 0 0 0 0 0 0 0 0 c ononn o n o 000 Q Q e O OO T O vi t7 N N N c �MIr O O Omm O o V a C N O to M r C R n ro N to V O co O t- M to m o r 0 to m m M N t0 n r N m to V N M y r t0 to m co N d W r Q d QOd o m 00000 0 0 0 000 O C 0 0 0 0 0 O O O 000 N Q o 0 0 0 0 0 0 0 o= ou 6L6m o 6 o avv 0() t 7 a O tQ N N N C S 1 V d L N o O N O N N O o O Q c to t0 le O M r O Cl) M N t) h O O ui tG tV Pi m to M CI to O m a 40 W Cl) W) N h co N M N N m ( m f Q o E r tri of om 0 a «. 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ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: EDA President and Board Membe s CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Director of Communi evelopment SUBJECT: Bunker Lake Boulevard Medians DATE: February 19, 2008 INTRODUCTION The EDA previously directed staff to inform the associations that the costs of the next phase of work to be done would be theirs to bear (see attached letter and EDA minutes). They were not very receptive to what was being asked of them (see attached e- mails). They plan to be at the EDA meeting to express their concerns: Based on their response, staff would like further direction from the EDA. Please give direction on how much they will be asked to pay and over what time frame. The associations need to budget for these expenses and this is the time of year to do that. They both express their concerns that their budgets can't handle these annual expenses. They would like the City to pay them. There are a few items beyond those identified in the original proposal from Prairie Restorations that will be added costs to implement the program (i.e. traffic control, periodic mowing and weeding for 2 -3 years, irrigation system repairs). Again, all .the work in the proposal would be done in the spring/summer of 2008. We need to know how this work would be paid for, and by whom, before we can sign the authorization to proceed with Prairie Restorations, Inc. Staff met with members of the the street lighting costs for Jay and jartin S save on luting costs such as shutting down the lights at intersections os 'Oli"e suggesti etc. ACTION REQUESTED Please discuss and provide staff direction. Respectfully submitted, Will Neumeister w concerns about Attachments: E- mails, Information presented at last meeting, Minutes of Jan. 15, 2008 EDA mtg. �DL �x ec(.)Q I pt cfq�3- 1836 Bunker Lake Blvd. • Andover, MN 55340 Tel: 763- 767 -8401 Fax: 763-767-9409 t P('%F Y`kiiY i5tlK�CKS ffi wP `5 9 C K. v 'I FF n 5 dr65 ¢KEW C •. rt fK Y% L 41�n�cgC � � E x€ �. �� �r����sa�a '�. ��� �. ...... .... . .. a...W..a.,.. .�_._ ,= January 31, 2008 Will Neumeister Subject: Andover Station Median Work Dear Will, After receiving your letter the board for Andover Station 11 Association had a meeting and discussed the issues to be addressed. We feel that the median on Bunker Lake Blvd is something the city of Andover and Anoka County should work out amongst themselves. Our association was never consulted with the decision to put the median in which in turn has caused unnecessary traffic thru our parking lot to get," ver to Caribou Coffee and Target. We are concerned with the high volume of cars driving thru ._ our, Wit dangerous speeds. Furthermore, we feel that now the city is trying to place the financial burdeetO some of the business in the area to correct the problems that were created with your decision to ut edian m. pwq x Yom" u i ��'SamBflte, eve were wondering why plantings in the median on Martin Street were removed but �easK`y r s nvas done to the median on day Street. day Street has become unmanageable and we are unable �r"SZ iS�siYa� 4i �. 5{ 4 Ci4FN yi e tnamm,atgsuitable standards. zo a�f'K5Y� y ya a3'wgv Y K Another we have is the excessive bill we receive at the end of the year from the city to maintain '1 them W t ` uMunker Lake Blvd as well as the lighting of the streets around our complex. This year the amour 'e city wants from us is $9399.91. We cannot continue to pay this bill,, if are to maintain a basal "e�ss in the city of Andover. Many businesses in the complex are feeling the pinch of the economic situation of the economy and are concerned that they may have to close and move elsewhere if they have to continue paying these bills. We would like to know why we are required to pay for the above mentioned issues when other businesses are not. Also we would like to know what our taxes are paying for if it is not for the above mentioned issues. In closing, we feel that we should no longer be financially responsible for these items. We look forward to discussing the matters with you and coming up with and agreement that will work for all involved. Sincerely, Andover Station H Association — Board of Directors Erica Dahlin Clayton Kearns Anne Deluca Greg Howard EN 13 . . . . . . . . . . . . . . . . . . . . . . . aCP 1L'i Andover Station (Next Stage of Median Work) (E,M,41 0 Will N umeister © From: Jenny Lenhart Dienhart@uproperties.com] Sent: Wednesday, January 23, 2008 9:23 AM To: Will Neumeister Subject. RE: Andover Station (Next Stage of Median Work) How is the 80/20 calculated? We would definitely need to split it up over either two or possibly three years. These tenants are suffering now and I would hate to see any more tenants such as Artistic Treasures, Quizno's, ITanning move out and leave us with a basically a vacant center. The landlord is already giving base rent reductions and I still feel the City of Andover didn't plan the median correctly in the first place and are now passing a majority of the costs to correct the error to these tenants. Anything you can do would be helpful. Jenny H Jennifer L. Lenhart, CPM 3500 American Btvd W - #200 Son ior Property Manager Bloomington, MN 55431 (UNITED PROPERTIES wma.upropa rties.co m Please consider Me environrr 952 837 8669 j Phone 952 893 36191 Fax 612 386 5133 j Cell jlenhart uproperties.com lent before printing this message. From: Will Neumeister [maiito:WNeumeister @ci.andover.mn.us] Sent: Friday, January 18, 2008 2:04 PM To: Jenny Lenhart Cc: James Dickinson Subject: RE: Andover Station (Next Stage of Median Work) Jenny, We would split the bill up with the other association on an 80/20 split and it would be billed in one year (80% would be your assoc.). 1 can talk to Jim Dickinson about the possibility of a two -year billing if you feel that would be better for you. There will be some other costs that weren't shown such as lane closure, irrigation repair. On -going management was shown on the last page of the proposal. We think we will need that to get it growing properly and get their guarantee to be in effect We are willing to sit down and discuss with you what options exist. We think this is the best option to get the costs under control. *1hlfWeumeister community IDelvkpmew !Director, City ofAndoves (763) 767 -5240 1/30/2008 f H © � 1DOVE N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US January 18, 2008 Jennifer L. Lenhart United Properties 3500 American Boulevard W. Minneapolis, MN 55431 Subject: Andover Station Median Work Dear Jennifer, As we have discussed this past fall, the City has been working to develop a plan to make it easier to do the maintenance of the Bunker Lake Boulevard median Last fall we hired © Hickman Brothers Landscaping to do the removal of the weeds, dead plants and excess topsoil from the median The charges to do that work amounted to approximately $13,500 and was paid for by the Andover EDA (see attached cost breakdown sheet from 2007). As you will recall we just let the weeds grow last summer until we figured out an approach that we thought would work and that did save some money. Now we are about to enter into a contract to do the native plant and grass installation and we would like to sit down with you to explain what is involved and how we would like your participation to pay for this next stage. I have attached the detailed description of what we are planning to do. We think this is the best looking and least costly of all the alternatives that we looked at. Could you call me to set up a date and time to discuss this? Please call me at (763) 767- 5140. Best Regards, l , - Will Neumeister X © Date: 1/10/2008 An outline of the suggested materials and procedures to be used to establish prairie grasses and wildflowers in the Bunker Lake Blvd Medians in Andover, Minnesota Site size: approxfmwely 22, 000 sq ft A. Project Overview: The medians on Bunker Lake Boulevard need an attractive and maintainable solution. Establishing native prairie grasses in the medians will provide a long term, ecologically sound landscape that is perfectly adapted to the existing soils. Once established, prairie grasses will require very little watering, and will add a distinctive look to the site. 2. Each of the medians will be seeded with a solid stand of one species of native short grass prairie grass. The largest median will be seeded with little bluestem and the other with side oats grama. The smaller median on Martin Street is to be seeded with June grass. 3. Both large medians will have accent gardens on each end (4 total) that will be planted with showy native wildflowers that are adapted to dry soil conditions. Five species of flowers will be used to provide blooms throughout the growing season. A base seeding of blue grama, a very short native grass, will be used to provide ecological stability. 4. To establish this planting, the site will be treated with herbicide (twice) to kill existing weeds, mowed to remove dead vegetation, harrowed to provide a smooth seedbed, seeded with native grasses, and covered with straw erosion blanket to protect the seeding and enhance germination. B. Site Preparation: 1. Allow the site to green up, followed by an application of Roundup® and Garlon 3A® herbicides as per manufacturer's directions. Spot treat Canada thistle with Transline® herbicide. Allow a minimum of 30 days before disturbing the vegetation with other procedures. 2. Respray with Roundup® if additional vegetation emerges during the waiting period. Allow a minimum of 10 days before disturbing the vegetation with other procedures. 3. Harrow or rake the soil to create a firm, smooth seedbed. C. Seed and Seeding: © 1. Seeding dates shall be in the spring or summer before August 10'b or in the fall between September 20'' and freeze -up. -011-7 3 d)Lf 16 © 2. Once the soil has been prepared, the grass seed will be broadcast throughout the project area. 3. A harrowing or hand raking will follow to incorporate the seed into the soil. 4. The seed shall consist of the following species and amounts: West Median (8000 sf): Side oats grams (Bouteloua cm- tipm" a) .... ............................4.0 lbs. East Median (13,000 sf): Little bluestem (Schizachyrhan scoparium) .. ............................6.0 lbs. Accent Gardens (400 sf): Blue grama (Bouteloua gracilis) ................... ............................0.5 lbs. Small Median (500 sf): June grass (Koeleria macrantha) ................... ............................0.5 lbs. Now A wheat or oat coves crop can be sown along with the native grasses at a rate of approximately 25 lbs. per acre. Wheat/oats is an annual grass species that germinates quickly and will reduce the risk of soil erosion on the site. © D. Erosion Control: 1. Cover crop will be sown along with the native grasses. 2. Erosion blanket (S75 or equivalent) should be applied as per manufacturer's directions to the entire project area. E. Plants and Planting: 1. Each of the four accent gardens will be planted with 90 four inch pots at an approximate spacing of 12" on center, for a total of 360 plants. 2. . From the following list a minimum of S species will be used. Wildflowers Prairie onion (Allium stellamn) Prairie smoke (Geum triflorum) Pussymes (Awennaria neglecta) Alum -root (Heuchera nchardsonfr) Butterfly weed (Asclepias tuberosa) Rough blazing star (Datris aspera) Silky aster (Aster sericeus) Showy penstemon (Penstemon grandiorus) Harebell (Campanula rotundifolia) Prairie pblox (Phlox pdosa) Grasses Prairie dropseed (Sporobolus heterolepis) H F. Management: During the first growing season the project area may need to be mowed to control annual weed development. If a "closed" canopy of weed cover develops, it should be mowed to aid in the growth of the prairie seedlings by reducing competition. Optimum cutting height would be 4 to 6 inches (depending on wildflower species present). Mowings done by PRI will be billed separately unless they are included as part of the installation contract. 2. In years following the first growing season, management services could include site monitoring, burning, mowing, spot spraying, or hand weeding. These services should be contracted separately from the installation contract. Please note that management services are billed on a time and materials basis (a breakdown of cost ingredients would be available prior to contract acceptance). In addition to service contracts, management consulting services are available upon request by calling our Services Group. G. Costs: © Site preparation (twhdes spraying,mowft, raking, harrowi"g- ............................ $1225 Seed and seeding as specified .................................... ............................... $1480 Straw Erosion Blanket (2450 sq yds installed @ 81.20 sq yd) ................ $2940 Wildflower 4" pots (360 installed @ $6.50 each) ..... ............................... $2340 Total....... ............................... ..........................$7985 Note: As an option, PRI will provide a follow -up consultation approximately l month after the completion of the project (if the project was seeded in the fall, the consultation will occur the following spring). The Restorationist (or salesperson) will meet with the project owner to assess the status of the project, answer any questions, and provide any necessary recommendations. This follow -up consultation will be provided at no additional cost EL Projected Management Procedures and Cost Estimates: Year Projected Management Procedures 2008 Complete site mowings to control annual weed canopy (I or 2 mowings may be needed). 2009 Complete site mowings (1 or 2 mowings may be needed). Integrated Plant Management (IPM) - spot spraying, spot mowing, band weeding, etc. (2 -3 visits) © 2010 Dormant season mow. IPM (2 -3 visits) Broadleaf herbicide overspray 7 e�H lg Estimated Management Costs Growing season 2008 (partial season) ................. $600 Growing season 2009 ............... ..........................$1200 Growing season 2010 ............... ..........................$1200 Please note: Management is typically billed on a time and materials basis. Work is billed upon completion until the site's maintenance needs are met (the yearly estimate is not exceeded without prior approval). L Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI crews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: 1. That PRI. materials and PRI installation services are used on the project. That the failure of the project is not due to the actions of others. That.PRI staff has been consistently involved with the maintenance of the project (consultation with the client or direct utilization of PRI management services) from the time of germination until the end of the third growing season (i. e. mowing, spot spra)ing, controlled burning). This outline provides a step -by -step plan for accomplishing the restoration of this site. If successful establishment does not occur within three full growing seasons, all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is defined as follows: That the presence of at least 75% of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no less than 75% native species. Reswmfion outline prepared by Prairie Reshmflons, Ina (PRI), Princeton, Minnesota Pro lei © Andover Economic Development Authority Meeting Minutes — January 15, 2008 Page 2 j• BUNKER LAKE BOULEVARD MEDIANS Mr. Neumeister explained the planting and services of the agreement with Prairie Restorations Inc. Commissioner Jacobson asked about the business associations sharing in the cost. Mr. Neumeister stated once the medians have been established the associations would take care of the maintenance. Mr. Dickinson stated there is a maintenance agreement in place with the associations. President Gamache would like the cost billed back to the associations. Mr. Neumeister stated Prairie Restorations Inc. have done other medians. President Gamache would like pictures from Prairie Restorations Inc. showing the medians they have planted and are established. © The cost of the medians was discussed. Commissioner Jacobson asked what the time frame is? Mr. Neumeister stated Prairie Restorations would start seeding at the end of May. Direction from.the EDA is for Mr. Neumeister to contact the business associations about contributing to the cost and getting pictures from Prairie Restorations. OTHER SINESS Mr. Neumeister wo a comments on the design drawing of the monument signs for Andover Station North from Leroy ' s. The sign would be 25 feet high with nine multi tenant spaces. The sign would be backlit on a nameplate. Each tenant would have to pay for'the nameplate. Commissioner Trade stated some of the b esses could be on the Hanson sign and some on the Bunker sign. Commissioner Orttel stated making the sign flexible since ' ' hard to know how many tenant signs will be needed. © Motion by Jacobson, Seconded by Trade, to adjourn. Motion carried unanimo . The meeting adjourned at 7:00 p.m. ❑! CITY OF ANDOVER Andover Station Maintenance Cost Sharing - 2007 Area A Area 0 Area C Andover Station 11 Andover Station Andover Economic Owners Association Propertles Association Development Authority % $ % $ % $ Mickman Brothers Anoka County Highway Dept Spring Cleanup $ - 20.00% $ New Irrigation controller - 39.20% Median Material Removal 13,500.00 0.00% - Irigalion Start Up 793.00 39.20% 310.86 Irrigation Winterization 549.95 39.20% . 215.58 14,842.95 526.44 City Expenses Grand Total IaifilbreAnkalAndover Station Cost Sharing 2007.xts I 74.85 20.70 $ 33,992.56 $ 9,399.91 80.00% $ 45.10% 0.00% - 45.10% 357.64 45.10% 248.03 605.67 80.00% 88.00 45.10% 1,787.14 80.00% 596.40 24.00% - 24.00 % 900.00 24.00% 2,521.59 3,421.59 6,498.80 19.16°% 14.34 $ 6,513.14 0.00% $ 15.7096 - 100.00% 13,500.00 15.70% 124.50 15.70% 86.34 13,710.84 0.00% 15.70% 622.13 0.00% 26.00% - 26.00% 975.00 26.00% 2,731.73 3.706.73 18,039.70 53.19% 39.81 $ 18,079.51 f l0 b� )4 Anoka County Highway Dept Permit 110.00 20.00% 22.00 Water 3,962.62 3920 %� 1,553.35 Highway Technologies Lane Closures on Bunker 745.50 20.00°% 149.10 i — — — — Street Lights — Bulbs Connexus Energy - Maintenance - ' 3,750.00 50.00 °% 50.00°% - 1,875.00 Connexus Energy 10,506.64 50.00°% 5,253.32 L— 14,256.64 I 7,128.32 �- — Invoice Totals 33,917.71 9,379.21 © 27.65% City Expenses Grand Total IaifilbreAnkalAndover Station Cost Sharing 2007.xts I 74.85 20.70 $ 33,992.56 $ 9,399.91 80.00% $ 45.10% 0.00% - 45.10% 357.64 45.10% 248.03 605.67 80.00% 88.00 45.10% 1,787.14 80.00% 596.40 24.00% - 24.00 % 900.00 24.00% 2,521.59 3,421.59 6,498.80 19.16°% 14.34 $ 6,513.14 0.00% $ 15.7096 - 100.00% 13,500.00 15.70% 124.50 15.70% 86.34 13,710.84 0.00% 15.70% 622.13 0.00% 26.00% - 26.00% 975.00 26.00% 2,731.73 3.706.73 18,039.70 53.19% 39.81 $ 18,079.51 f l0 b� )4 E C�J t � t�t3tirttt -f� 3- y -c�S' 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING February 19, 2008 6:00 p.m. Conference Rooms A & B AGENDA 1. Call to Order — 6:00 p.m. Consent Items: 2. Approval of Minutes (1/15/08 Regular Mtg.) 3. Approve Architectural Design (MBG Holdings) 4. Update on Economic Development Activities Discussion Items: �5. Public Hearing: EDA Land Sales in Andover Station North lunker Lake Boulevard Medians 7. Letter of Intent / Option Agreement (Dynamic Sealing Technologies) 8. Other Business 9. Adjourn IN nJ IL) 0 [DOVE] ANDOVER ECONOMICDEVELOPMENTAUTHORITYMEETING FEBRUARY 19, 2008 - MWUUTES A Meeting of the Andover Economic Development Authority was called to orderbyPresidentMiike Gamache, February 19,2008,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: President Mike Gamache, Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie Trude, Voting resident members Robert Nowak and Joyce Twistol Absent: None Also present: Executive Director, Jim Dickinson Community Development Director Will Neumeister r�ersDave Berkowitz ers © APPROVAL OFALUV=S January 15, 2008 Regular Meeting. Correct as written. Motion by Jacobson, Seconded by Knight, approval of the Minutes as written. Motion carried unanimously. ARCHITECTURAL DESIGN (MBG HOLDINGS) Mr. Neumeister stated the architectural design for the Moose Knuckles Restaurant is presented for review. Staff recommends more embellishments needed on the stone around the sides and possibly the rear. The roofline, screening around the dumpster and the patio plan was discussed. Commissioner Trude would like to see the lighting carried around the building and some type of panel to give the building depth. Mr. Neumeister stated the architectural design would be brought back to the EDA with the © revisions along with the site plan. NO y� 4 ly © Andover Economic Development Authority Meeting Minutes — February 19, 2008 Page 2 UPDATE ONECONOMICDEVELOPMENTACTIVITIES MVP Baseball (John Larkin) — Mr. Larkin is working on financing and is hoping to close by February 29b. PUBLIC IIEARING: EDA LAND SALES INANDOVER STATIONNORTH Mr. Neumeister indicated there is a correction on the legal description Lot 26, Block 1; it should be lot 24, Block 1. Motion by Jacobson, Seconded by Knight, to open the public hearing on the two proposed land sales. Motion carried unanimously. Motion by Orttel, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight to approve the resolution with the correction of Lot 24. Motion carried unanimously. (Res. 001 -08) © BUNgER L4AEBOULEVARD MEDMNS Mr. Neumeister stated staff is looking for further direction from the EDA regarding the cost of the Bunker Lake Boulevard medians. Mr. Neumeister has been corresponding with the associations regarding this issue. The associations are not very receptive to picking up the cost of the medians and have other concerns such as the monthly and annual cost of the lighting is getting to the point that could cause vacancies. President Gamache asked for a break down of the two associates. Area A which is Andover Station ll everything east of Martin Street. Area B, Andover Station everything west of Martin Street. Commission Knight suggested working with the associations about cutting the lighting cost Mr. Berkowitz stated he's been in contact with Connexus Energy about options to reduce the lighting cost A few of the options are shutting off every other light, a demand and energy rate and energy only light rate. He would like a meeting with Connexus and the associations within the next couple weeks. Bringing the results back to the EDA at a future meeting. Jenny Lenhart representative for Andover Swinnctated the association would like to see the median cost be reduced and the city to help with the cost. QMike Mulroney representative for Andover Station II reported other issues in Andover Station. There is a traffic circulation and safety issue with the traffic coming east on Bunker Lake Boulevard turning on to Jay Street and cutting through the parking lot. He suggested exploring the option of a left turn access only through the median on to Martin Street. Another concern is � � 15 1LI Andover Economic Development Authority Meeting Minutes — February 19, 2008 Page 3 the planting on Jay Street causing visibility issues. Trimming or removing the plantings would help with the safety aspect The last issue is the median on Bunker Lake Boulevard responsibility should not fall on the associations. President Gamache stated the best solution to the traffic issue would be a left turn lane coming from the east on Bunker Lake Boulevard.. Mr. Berkowitz suggested preparing a drawing of a left turn lane and presenting it to Anoka County. President Gamache stated the issues to be looked at is the median cost on Bunker Lake Boulevard, talking to Connexus regarding the light cost, talking to Anoka County regarding the left tam lane from Bunker Lake Boulevard and looking at the plantings on Jay Street Mr. Neumeister stated EDA provided good direction for staff. The item will be brought back to the EDA. LETTER OFINTENTIOPTIONAGREEMENT (DYNAMICSEAUNG TECMNOLOGIES) © Mr. Neumeister stated a letter of intent and Option Agreement from Dynamic Sealing Technologies, Inc. is being presented. They are offering $10,000 for an Option Agreement on the property, securing the property until July 31, 2009 allowing them time to decide whether to purchase the property. The Purchase Agreement proposes a price of $3.60 per square foot for the land excluding the easements. Commissioner Orttel asked what the price is for the lot? Mr. Neumeister stated $4.00 - $4.50 per square foot Mr. Dickinson explained the cost incurred by the city regarding the lot. Commissioner Trude suggested a closed session in the future regarding the price of the lot Mr. Dickinson stated the EDA is fine with securing the option agreement A closed session to discuss the finer details of the price of the lot will be scheduled. Staff will also take the lot off the market Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 7:00 p.m. ©! espectfully submi I. ,, ^ 1 e e rduig Secretary O� �AVND0VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: J Economic Development Authority Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works/City Engineer Update Andover Station Associations Requests March 18, 2008 INTRODUCTION This item is to update the Andover EDA on requests made by the Andover Station Associations. DISCUSSION At the February 19a` Andover EDA meeting the Andover Station Associations requested that the © EDA look at cost saving measures for the lighting and landscape maintenance to Jay Street and Martin Street. There was also a request to evaluate a left turn lane on Bunker Lake Boulevard to provide access at Martin Street. . Staff met with representative of the associations and Connexus Energy to discuss the lighting. Leo Offerman with Connexus evaluated 3 options to reduce the lighting cost. The options are as follows: 1. All the lights remain on from sunset to 2:00 am and then turn half of the lights off until sunrise. This would provide an approximate energy savings of $2,200 annually. 2. Every other light to be on from sunset to sunrise. This would provide an approximate energy savings of $5,000 and an approximate maintenance savings of $1,000. The total estimated annual savings would be $6,000. 3. Every other light to be on from sunset to 2:00 am and then all the lights to be turn off.. This would provide an approximate energy savings of $7,200 and an approximate maintenance savings of $1,000. The total estimated annual savings would be $8,200. Staff recommends option 1, which would continue the main intent of the lighting to provide safe lighting that promotes pedestrian traffic in the area and accents the vast plantings that were installed. © Option 3 is not recommended because the lighting of intersections at Station Parkway would be eliminated and the area would be extremely dark. )4g Q6 it IzIll fl pC6 EDA Members March 18, 2008 Page 2 of 2 Another concern was the amount of landscape maintenance required by the associations for the median and boulevard plantings. The area has not been maintained properly by the associations for several years. The shrubs are overgrown and need to be cut back. One issue specifically that was mentioned was the sight lines at Jay Street and the main entrance across from Kottkes Bus Company. Staff has reviewed the landscape and agrees that the sight lines at Jay Street and the main entrance is a problem. Staff recommends that the EDA clear trees and cut back the shrubs in the south median to provide proper sight lines for safety. The remainder of the landscape maintenance should be done by the associations and kept up with on an annual basis. The final request was to evaluate a left turn lane on Bunker Lake Boulevard to access Martin Street. Staff prepared a draft drawing to see if a turn lane will fit within the existing median. It appears that it will meet the geometric design standards. Staff also contacted Doug Fischer (Anoka County Engineer) to request a meeting to discuss this item. Through a series of voicemails, Mr. Fischer stated the county was not interested in a turn lane and was not willing to meet. I requested a letter stating that and to date I have not received one. A voicemail and follow up email was sent to Mr. © Fischer with no response. ACTION REQUIRED The EDA is requested to discuss the items and direct staff on how to proceed. Respectfully submitted, David D. Berkowitz cc: Erica Dablin, Andover Station II Association, Andover Lanes, 13633 Martin Street NW, Andover, MN 55304 Jennifer Lenhart, Andover Station Owners Association, United Properties, 6465 Wayzata Boulevard, Suite 130, St. Louis Park, MN 55426 1�1 � e� 6 rE F UV'-e-z'U- 0-0 Lai t4 -\ y -t -as 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING March 18, 2008 6:00 p.m. Conference Rooms A & B 1. Call to Order — 6:00 p.m. 2. Approval of Minutes (3/4/08 Regular Mtg.) 3. Architectural Review (Foundation Hill Daycare) �4. Letter of Intent (Dry Cleaner) 5.) Update Andover Station Associations Requests 6. Andover Station Design Guidelines Amendment 7. Economic Development Updates 8. Other Business PIZ 3 c;- 6 9 C I T Y O F LNDOVEI ANDOVER ECONOMICDEVELOPMENTAUTHORITYMEETING MARCH 18, 2008 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, March 18, 2008, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Orttel, Julie Trude, Voting resident members Joyce Twistol and Robert Nowak Absent: None Also present: Executive Director, Jim Dickinson Community Development Director, Will Neumeister City rms'D r Dave Berkowitz ers APPROVAL OFMIlVUTES March 4, 2008 Regular Meeting ( Trade absent): Correct as written March 4, 2008 Closed Meeting (Trade absent): Correct as written Motion by Knight, Seconded by Jacobson, approval of the Minutes as written. Motion carried unanimously. ARCHITECTURAL REVIEW (FO UNDATIONHILL DAYCARE) Mr. Neumeister introduced Mr. Nagwani, the owner of Foundation Hill Daycare. Mr. Nagwani presented the architectural /site design for the proposed Daycare/Montessori School. The plans are to build a 6,653 square foot building this summer, with a 4,739 square foot addition for firture growth. The building will be block, with three colors and some stucco. Mr. . Nagwani described the interior of the building. He would like construction to begin May 1, 2008 with a completion date of August 15, 2008. Commissioner Jacobson asked if there would be a sign on the building. Mr. Nagwani stated there would not be a sign on the building; there would be a monument sign. © Mr. Nowak asked about an outside play area. Mr. Nagwam stated there would be two play areas; both would have fencing around them. ModonNby Jacobson, Seconded by Orttel, to approve the architectural design and site plan of of C, © Andover Economic Development Authority Meeting Minutes — March 18, 2008 Page 2 the Foundation Hill Daycare and Montessori School as presented to the EDA. Motion carried unanimously. LETTER OF INTENT REPTEW (DRY CLEANER) Mr. Neumeister stated Laura Heppner submitted a letter of intent offering to purchase the north %z of Lot 26, Block 1, Parkside at Andover Station. 50% of the building would be a dry cleaning business with the remainder of the space available for lease. Ms. Heppner is offering $4.50 per square foot and would like to close June 1, 2008. Commissioner Knight asked how the parking lot would be divided between the dry cleaner and Montessori School. Mr. Neumeister stated the two businesses would have a shared driveway and each business has an adequate number of parking spaces. EDA discussed the letter of intent. © Motion by Jacobson, Seconded by Knight, to direct staff to prepare a purchase agreement based on the terms that have been discussed between EDA and Laura Heppner. Motion carried unanimously. Mr. Berkowitz updated the EDA on requests made by the Andover Station Associations. There are three issues to report on. The first issue is the lighting costs. Mr. Berkowitz stated he met with Connexus Energy. There are three options to reduce the lighting cost. The three options were discussed. Motion by Knight, Seconded by Orttel, to approve option number two; every other light to be on from sunset to sunrise. Motion carried unanimously. The second issue is the landscape maintenance on Jay Street. Mr. Berkowitz stated some of the trees and bushes need to be removed or cut back to open up the safety site line. The EDA directed staff to cut and remove trees and bushes in the south median on Jay Street. The third issue is a left tam lane on Bunker Lake Boulevard to access Martin Street. Mr. I Berkowitz stated it appears a turn lane would meet the geometric design standards. However, the ©� response from Anoka County Engineer Doug Fischer was the county was not interested in a turn lane and was not willing to meet. President Gamache recommended contacting the County Commissioners regarding this issue. 3C) S A' 6 © Andover Economic Development Authonty Meeting Mimites — March 18, 2008 Page 3 ANDOVER STATIONDESIGN GUIDELINESAMENDMENT Mr. Neumeister stated at the last meeting the EDA discussed allowing an outdoor garden center in the parking lot at Festival Foods. The Andover Station Design Guidelines need to be changed to allow for the garden center. The Andover Station Guidelines were discussed. Mr. Nowak suggested the word permanent be placed in front of garden/landscape center and exterior storage and sales in Section 1.13. Commissioner Jacobson suggested removing "in the parking lot" after the word location in Section 2.07. Motion by Jacobson, Seconded by Knight, to approve the changes to the Andover Station Design Guidelines that were discussed. Motion carried unanimously. ECONOMIC DEVELOPMENT UPDATES Mr. Neumeister gave updates on the following: Funeral Home — They should be opening next month. MVP Baseball (John Larkin) — Staff has not talked to Mr. Larkin since the last EDA meeting on March 4, 2008. Blue Fin Pool & Spa — The purchase agreement will be presented at the next EDA meeting. Restaurant (Moose Knuckles) — The name of the restaurant will remain Moose Knuckles. Dynamic Sealing Technologies — A counter offer from Dynamic for the purchase of the adjacent lot will be brought to the next EDA meeting. Office Development — Northstar Partners provided staff with the list of whom they had marketed the site to. Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 6:59 p.m. O r =ce submi &g Soy 3( Apt 1") 1 S DOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US TO: EDA President and Board Members CC: Jim Dickinson, Executive Director FROM: Will Neumeister, Director of Community Development SUBJECT: Bunker Lake Boulevard Median Update DATE: April 1, 2008 Approximately one month ago the EDA was asked to review the quote from Prairie Restorations Inc. and no final decision was made that evening on whether the EDA would pay for that work or would the EDA assess that cost to the two property owners associations. The EDA heard at the last meeting that the fnel it is the ERA's rec nncihilitr to Ra.v thi costs and then they would maintain the area once i t is %=ing. We need direction from the EDA on whether they agree to pay for this work, or if this cost will be assessed to the associations. Please be aware other incidental work will need to be included in this project, such as lane closures, and minor repairs of the irrigation system.- Last fall the EDA aereed to vav for the initial Aran ,m work and that cost was $13,500 and was not assessed to the associations. This next round of work to be done this spring will be approximately $10,000 based on what is listed above. We would like to get going on this work and need the EDA direction on who will be ultimately responsible for the new costs that are expected. ACTION REQUESTED Staff would like to have direction from the EDA whether they will pay the remaining costs or not so that we might inform the associations of what to expect as a charge later this year when the work is performed. Respectfully submitted, Will Neumeister Attachments: Quote from Prairie Restorations, Inc. Minutes from Feb. 19, 2008 EDA Meeting Cc: Erica Dahlin, Andover Station H Association, Andover Lanes, 13633 Martin Street NW, Andover, MN 55304 Jennifer Lenhart, Andover Station Owners Association, United Properties, 6465 Wayzata Boulevard, Suite 130, St. Louis Park, MN 55426 131) lob \1 ❑ DaW. in onoos An outline of the suggested mates i and procedures t© be used to establish prats0 grasses and wild,ftowers in the Bunker Lake Blvd Medians -- Site si G approxbnate4 22,000 sg ft A. Project Overview: 1. The medians on Bunker Lake Boulevard need an attractive and maintainable solution. Establishing native prairie grasses in the medians will provide a long term, ecologically sound landscape that is perfectly adapted to the existing soils. Owe established, prairie grasses will require very little watering, and will add a distinctive look to the site. 2. Each of the medians will be seeded with a solid stand of one species of native short gas prairie grass. The largest median will be seeded with little bluestem and the other with side oats g nmia. The smaller median on Martin Street is to be seeded with June grass. © 3. Both large medians will have accent gardens on each end (4 total) that will be planted with showy native wildflowers that are adapted to dry soil conditions. Five species of flowers will be used to provide blooms throughout the growing season. A base seeding of blue grama, a very short native grass, will be used to provide ecological stability. 4. To establish this planting the site will be treated with herbicide (twice) to kill existing weeds, mowed to remove dead vegetation, harrowed to provide a smooth seedbed, seeded with native grasses, and covered with straw erosion blanket to protect the seeding and enhance germination. H B. Site Preparation: Allow the site to green up, followed by an application of Roundup® and Garcon 3A® herbicides as per ms's directions. Spot heat Canada thistle with Transline® herbicide. Allow a minimums of 30 days before disturbing the vegetation with other p 2. Respray with Roundup® if addifioaal vegetation emerges during the waiting Period - Allow a minimum of 10 days before disturbing the vegetation with other procedtaes. 3. Harrow or rake the soil to create a firm, smooth seedbed. C. Seed and Seeding: Sing dates shall be in the spring or summer before August 106 or in the fall between September 20" and fi=ze up. Q� `1 2. pace the soil has been. prepared, the grass seed wiU be broadcast throughoi t the project area. 4. The seed shall consist of the following species and amounts: West Mediae (8000 sf): Side oats grams (Bowdorra cro*wAda) _-._— _..._. »......»...4.0 Ibs East Median (13,000 s): Liaie bhwo m (SchizadryriwR =Dpm mn).._ _ ».�...__.._.__..6.016s. Accent Gardens (400 six Blue grams (Bowelma grodIis) » ___ »_OS ibs- Sman Median (500 six J= Vm (Koderia macr®a ...__ ha)... lbs Nara A wheat or out oovm avP ran be sown along v" 8 the native grasses at a rate of P 25 Rm per acre. © A%CWDats is as emoal gram species that Saminstes 4niddY and wM mdum the risk of so0 erosion on. the site. D. Erosion Control: 1. Cover crop will be sown along with the native grasses. 2. Erosion blanket (S75 or equivalent) should be applied as per manu&ahirer's directions to the entire project area_ E. Plants and PlaatiF 1. Each of tide four accent gardens will be planted with 90 four inch pots at an approximate spacing of 12" on center, for a total of 360 plants. 2. From tiie following list a minimum of 8 species will be used. V "Wen Prairie onion (Aghmr steQatsm) Prairie smoke (Gem &Von=) ( rya) Aims -root (Hmchwa ridwrdsaniO weed (Asdepiw etrberosa) Ra* blazmB star (Lratrra Wsra) © � (Ater sw,iciw) Showy peasomm (Pazsrteaaorr granfijlarrrs) Eitaebell (Cmapamda r otrard d&) Prairie pblom (Phl=P90=) Grasses Prairie &mpswd (Sporoboha heter0Ie0S) Qn 11 ❑it F. Matmagement: 1 Durmz the first arowmg season the project mre& may need to be mowed to control -- w am 6E i� F566 Vai mowed to aid in the growth of the prairie seedlings by reducing competition Optimt>m cutting height would be 4 to 6 inches (depending on wildflower sped es present). Mowings done by PRI will be billed separately unless they are included as part of the installation contract. 2. In years following die f rgt growing season, manaa°ement services could include site monitoring, burnin mowing. spot spraying, or hand weeding. These services should g, be contracted separately from the installation contract_ Please note that management services are billed on a time and materials basis (a breakdown of cost ingredients would be available prior to contract acceptance)- 3. In addition to service contracts, management consulting services are available upon request by ogling our Services Group. © G. Costs: Site preparation (ate sprayig.nmbr8. rakw& bwiO"bW --- ------- -- --- ._------- S1225 Seed sad seeding as speci5ed _..._- ------- __ ...... ............. _ Straw Erosion BboW (2450 sq yds bzgaed @ Si.20 sq yL9 ......... _.... $2940 Wildflower ,r pots (360 installed @ $6.30 each) -_ ._ .._._ »_...._._.... 52340 Total............................ _ ................. .............:...S7985 Note: As an option, PRI win provide a fonow vp coasni On eppa'o>�a191 month after the completion of t)te project Of the project was seeded m the fan, the consultation win occes the following spririg). The ReWalfiamst (or salesperson) will meet with flu project owner to assess the states of the project, answer my q°mdomt. and provide any necessary r000nomtendatiML This fonow -up cooasol000n will be provided at no additional cock EL Projected Msnagment Procedures and Cost Estimates: Year Projected Management Procedures 2008 Complete site mowing to control zmnual weed canopy 0 or 2 mowing. may be needed). Q 2009 Complete sits mowing (1 or 2 mowing may be needed). mo band weeding. dc. (2 -3 visits) lategrawd Plant Management MM) - spat q rayin& � wing, 2010 Dormant season TOM IPM (2 -3 vWft) Broadleafberbicide oveIVM - 5 �01 \—J Estimated h'iana ement COStS Growing season 2008 (partial season) ......... _ ..... 5600 _ —COVM ine season 2009 ....__._. .......__.,_..._.51200 Growing season 201D_.._. please note: Maeagemeat is typically bled on a time and materials basis. Wort is billed Upon completion until the site's maintenance needs are and (tbe yearly estimate is not e=zeded without prior approval). L Guarantee: Prairie RestOTaiioas, Inc. (PRn has a Xtea tradition of successfully i mW,mg native landscapes throughout the Upper Nfidwest We feel our else in tins industry is second to none and we stand behind every one of our projects. Secaum we are confident in our abilities to provide you with the best posmble materials and services, we are proud to offer the following guarantee: on projects installed by PRI crews within the specified dates, we will guarantee successful establishment within three full growing seasons, given the following conditions: 1. That PRI materials and PRI installation services are used on the project: 2. That the failure of the project is not due to the actions of others. 3. That PRI staf}•has been consistently involved with the maintenance of the project (consultation with the client or direct idlization of PRI management services) from the time of germination until the end of the third growing season (a. e. mowing; spot spraying controlled burning). 77ris outline provides a step -by -step plan for accomplishing the restoration of this site. If successfd establishment does not occur within three full growing seasonx all necessary steps will be taken to ensure the eventual success of the project, at no additional charge. Furpwposes of this guarantee, successful establishment is alefrned as follows: That the presence of at least 75% of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no, less than 75% native species Resmretioa oodE®e paepned b9 Pnaie Res. � (� °' t�rmauta 70'- 36 S6� I) © Andover Economic Development Authority Meeting Minutes — February 19, 2008 Page 2 jBa ON ECONOMIC DEVELOPMENT ACTIVITIES MVseb ohn L arkin) — Mr. Larkin is working on financing and is hoping to close by Feb29th PUBLIC HEARING. EDA L,-"tp SALES INANDOVER STATIONNORTH Mr. Neumeister indicated there is a correc ' on the legal description Lot 26, Block 1; it should be lot 24. Block 1. Motion by Jacobson, Seconded by Knight, to open the pub earning on the two proposed land sales. Motion carried unanimously. Motion by Orttel, Seconded by Knight, to close the public hearing. Motion c 'ed unanimously. Motion by Jacobson, Seconded by Knigbt to approve the resolution with the correction-6 t 24. Motion carried unanimously. (Res. 001 -08) Q J BUNKER LAKE BOULEVARD MEDIANS Mr. Neumeister stated staff is looking for further direction from the EDA regarding the cost of the Bunker Lake Boulevard medians. Mr. Neumeister has been corresponding with the associations regarding this issue. The associations are not very receptive to picking up the cost of the medians and have other concerns such as the monthly and annual cost of the lighting is getting to the point that could cause vacancies. President Gamache asked for a break down of the two associates. Area A which is Andover Station H everything east of Martin Street. Area B, Andover Station everything west of Martin Street. Commission Knight suggested working with the associations about cutting the lighting cost. Mr. Berkowitz stated he's been in contact with Connexus Energy about options to reduce the lighting cost. A few of the options are shutting off every other light, a demand and energy rate and energy only light rate. He would like a meeting with Connexus and the associations within the next couple weeks. Bringing the results back to the EDA at a future meeting. Jenny Lenhart representative for Andover Station stated the association would like to see the median cost be reduced and the city to help with the cost © Mike Mulroney representative for Andover Station H reported other issues in Andover Station. There is a traffic circulation and safety issue with the traffic coming east on Bunker Lake Boulevard turning on to Jay Street and cutting through the parking lot: He suggested exploring the option of a left turn access only through the median on to Martin Street. Another concern is © Andover Economic Development Authority Meeting Minutes — February 19, 2008 Page 3 the planting on Jay Street causing visibility issues. Trimming or removing the plantings would help with the safety aspect. The last issue is the median on Bunker Lake Boulevard responsibility should not fall on the associations. President Gamache stated the best solution to the traffic issue would be a left turn lane coming from the east on Bunker Lake Boulevard. Mr. Berkowitz suggested preparing a drawing of a left turn lane and presenting it to Anoka County. President Gamache stated the issues to be looked at is the median cost on Bunker Lake Boulevard, talking to Connexus regarding the light cost, talking to Anoka County regarding the left turn lane from Bunker Lake Boulevard and looking at the plantings on Jay Street. Mr. Neumeister stated EDA provided good direction for staff. The item will be brought back to the EDA. LE R OFINTENTIOPTIONAGREEMENT (DYNAMICSEALING TECHNOLOGIES) © Mr. Neume er stated a letter of intent and Option Agreement from Dynamic Sealing Technologies, is being presented. They are offering $10,000 for an Option Agreement on the property, sec the property until July 31, 2009 allowing them time to decide whether to purchase the property. a Purchase Agreement proposes a price of $3.60 per square foot for the land excluding the easeme Commissioner Orttel asked what rice is for the lot? Mr. Neumeister stated $4.00 - $4.50 per s %the 4 Mr. Dickinson explained the cost incurred y regarding the lot Commissioner Trude suggested a closed session in the regarding the price of the lot. Mr. Dickinson stated the EDA is fine with securing the option ent. A closed session to discuss the finer details of the price of the lot will be scheduled. S will also take the lot off the market. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimoilsy. The meeting adjourned at 7:00 p.m. © Respectfully submitted, Michelle Hartner, Recording Secretary _,Op- . f8 "71b�ll 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ECONOMIC DEVELOPMENT AUTHORITY MEETING April 1, 2008 6:00 p.m. Conference Rooms A & B 1. Call to Order - 6:00 p.m. 2. Approval of Minutes (3/18/08 Regular Mtg.) 3. Purchase and Option Agreement (Dynamic Sealing Technologies) 4. Purchase Agreement (Blue Fin Pool & Spa) 5. Purchase Agreement (Golden Eagle II — Dry Cleaners) 6. Quotes for Area Identification Sign(s) 7. Bunker Lake Boulevard Median Update 8. Update Economic Development Activities 9. Other Business C01 ,;7q a J-11 ()�rb'U t,t CL.3 ANT Y O F Wql� 4,6- g DOVE O ANDOVER ECONOMIC DEVELOPMENT AUl HORITYMEETEVG APRIL 12 2008 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by Vice President Julie Trude, April 1, 2008, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Present: President Mike Gamache (arrived at 6:04 p.m.) Commissioners Don Jacobson, Mike Knight, Ken Orttel, and Voting resident members Robert Nowak and Joyce Twistol Absent: None Also present: Executive Director, Jim Dickinson Community Development Director, Will Neumeister City Engineer, Dave Berkowitz Others ® Mr. Neumeister stated agenda item number 5; Purchase Agreement (Golden Eagle 11-Dry Cleaners) was to be removed. E APPROVAL OFMINUTES March 18, 2008 Regular Meeting. Correct as written. Motion by Jacobson, Seconded by Orttel, approval of the Minutes as written. Motion carried unanimously. PURCHASEAND OPTIONAGREEMENT (DYNAMIC SEALING TECHNOLOGIES) Mr. Dickinson stated Dynamic Sealing has made a counter offer of $3.80 per square foot with an additional $15,000 between the Option Agreement and earnest money for the purchase of Lot 3, Block 3, Andover Station North. Staff is supportive of the offer. Motion by Jacobson, Seconded by Knight, to approve the Option and Purchase Agreement for Dynamic Sealing Technologies. Motion carried unanimously. PURCHASEAGREEMENT (BLUE FINPOOL & SPA) Mr. Neumeister stated since the proposal at the last meeting the lot size has increased to a 100- n i Ll 0 "l I O Andover Economic Development Authority Meeting Minutes —April 1, 2008 Page 2 foot wide lot to allow for a 6,000 square foot building. No variance is needed. Parking is adequate for this building. Mr. Dickinson stated the agreement price includes area and connection charges. The driveway access was discussed. Commissioner Orttel asked if there would be an outdoor display area. Mr. Brenner stated he would like an outdoor display area. Mr. Neumeister stated any outdoor display or storage area would need to be approved by the EDA. Motion by Jacobson, Seconded by Knight, to approve the Purchase agreement as amended for Blue Fin Pool and Spa. Motion carried unanimously. QUOTES FOR AREA IDENTIFICATIONS SIGN(S) Mr. Neumeister went over the quotes from three sign companies, recommending Leroy Signs. One sign will be built now and the second sign will be built at a later time. Designs have been checked by an engineer. Mr. Dickinson stated the city would be the general contractor for this project. The size of the sign was discussed. Motion by Jacobson, Seconded by Orttel to approve the sign quote from Leroy Signs. Motion carried unanimously. BUNXER LAKE BOULEVARD MEDIAN UPDATE Mr. Neumeister stated staff is looking for direction regarding the Bunker Lake Boulevard medians on whether the EDA or Andover Station Associations will cover the cost. . Dickinson stated the current agreement states the associations are responsible for the cost of the medians. President Gamache asked if the maintenance cost would go down with the current plan from Prairie Restorations. Mr. Neumeister stated it would. © Mr. Berkowitz stated the associations could work with the city on the maintenance and then the C would bill the associations. Motion by Jacobson, Seconded by Trude, to approve the EDA to pay the cost for the medians to �I ti06 4 C4w] N Andover Economic Development Authority Meeting Minutes —April 1, 2008 Page 3 be planted and for the Andover Station Associations to pay for the maintenance cost thereafter. Motion carried 6 ayes and I nay (Nowak) vote. UPDATE ECONOMIC DEVELOPMENT ACTIVITIES Mr. Neumeister stated Mr. Larkin would be at the next EDA meeting asking for another time extension. Motion by Jacobson, Seconded by Orttel, to adjourn Motion carried unanimously. The meeting adjourned at 7:00 p.m. Respectfully submi ed, Mi elle Hartner, Recording Secretary 1 L� a 11 e� 11 v 15a f Wed ,Mkt OS kDQVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: EDA President and Board FROM: Jim Dickinson, Executive Director SUBJECT: Bunkeulevard Turn Lane i Jndate DATE: May 6, 2008 At this point it does not appear that the County Commissioners are lining up to support the median opening on Bunker Lake Boulevard and Martin Street. I have prepared the attached memo to the County Highway Engineer, one to be on the record that we don't agree, and secondly to request a meeting to discuss further! To date, no meeting date has been set; I will provide any updates to the EDA at the meeting. q3 io�4 ltoo ,� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923. WWW.CI.ANDOVER.MN.US April 28, 2008 Douglas Fischer, County Engineer .Public Services DivisionEighway Department County of Anoka 1440 Bunker Lake Boulevard N.W. Andover, MN 55304 -4005 Subject: CSAH 116'at Martin Street Dear Mr. Fischer: In response to your letter (attached) denying the City of Andover request for a median opening on CSAH 116 (Bunker Fake Boulevard) at Martin Street, I offer the following counter arguments to your denial rational: County position #1: "The County must try to balance the need for access versus the need for mobility on its county highway system and do this in the safest manner possible." Response: I agree the County must balance needs for access versus the need for mobility on its county highway system, but the County also needs to balance that with allowing for prosperous commercial/industrial within the county. Excessive .limitation on access to the county highway system can choke out commercial/industrial ventures within the county. The City request for a median opening is made with no cost to the county and the proposed design is no different than numerous other median openings currently existing on the county highway system. CgIM position #2: "The access spacing for this route was determined and agreed upon in the development of these highway plans almost 10 years ago. The businesses developed after the roadway improvements were completed so there have been no change caused by the county. In fact, the signals installed at Jay Street and Quinn Street were only accepted by the county due to the city's assertion that the limited - access to the adjacent businesses . necessitated these installations. New access would invalidate this argument and concurrence by the county." Response: I agree that over 10 years ago the City and County settled on the highway plans for this area. Over the past 10 years the City and County have seen this area develop much differently than what was originally planned, what was to be a pedestrian driven development is now dominated by big box development with a mixture of commercial and office buildings. The County is right in their assertion that the County did not cause the development to happen the way it did, and that is why the request for a median opening is made with no cost to the County. April 28, 2008 Douglas Fischer, County Engineer Public Services Division/Highway Department Page 2of2 The City is requesting the median opening to improve access to the Andover Station business district and to mitigate some internal traffic concerns. Bottom line is what was agreed to over ten years ago does not completely make sense today and to balance the broad array of government services our governments need to provide, a prosperous commerciallindustrial tax base within the county is a necessity. ConclusigpMNuest: I am requesting a meeting with County Highway staff to provide the opportunity for City staff to present in more detail our median opening request and the reasons and rational why the County should reconsider our request. Please contact me at 763 - 767 -5110 at your earliest convenience to schedule the meeting. Administrator Attachment C: Andover Economic Development Authority 4 � 30p q March 31, 2008 CC : 'sane OrW1%4.00 11 GlPC COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. N.W. ANDOVER, MINNESOTA 55304 -40D5 (763) 862 -4200 FAX (763) B62 -4201 Mr. David Berkowitz Public Works Director / City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: CSAH 116 at Marlin. Street Dear Mr. Berkowitz: ;r U ; APR 3� In response to your request for a median opening on CSAH 116 (Bunker Lake Boulevard) at sP The county muss try to ba]ance the Martin Street, the Highway Department denies this request em and do this in the need for access versus the need for mobility on its county highway safest manner possible. The access spacing for this route was determined and agreed upon in the development of these highway plans almost 10 years ago. The businesses developed after the f adwaaYsimPrO were completed so there have been no change caused by the county ids installed at Jay Street and Quinn Street were only accepted by the county due to the city's assertion that the limited access to the adjacent businesses necessitated these installations. New access would invalidate this argument and concurrence by the county. if you have any quesfions regarding this response, please let me know. 41 � o W. Fischer, P.E. County Engineer C: Commissioners, Berg, Lang and LeDou x Affinnafive Action Equal opportunity Employer Li 49 2 AGREEMENT FOR MAINTENANCE OF ANDOVER STATION MARKETPLACE EAST POND AND BOULEVARD IMPROVEMENTS This Agreement ( "Agreement ") is made and entered on this 2nd day of April , 2004 by and between 116, LLC, a Minnesota limited liability company, ( "116, LLC ") and the City of Andover, a municipal corporation organized under the laws of the State of Minnesota, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304 ( "City"). WITNESSETH: WHEREAS, the City is the fee title owner of Outlots A and B, Andover Marketplace East, in the County of Anoka, State of Minnesota (the "Outlots ") on which the City plans to construct (or cause to be constructed) certain storm water drainage facilities, storm water detention and retention facilities and related improvements for the benefit of the Andover Station Property including other property owned by 116, LLC, legally described as: Lots 1 -15, Andover Station 11, Anoka County, Minnesota, (such other real property being referred to herein as the "Benefited Property" ); and WHEREAS, 116, LLC, as a result of developing their property within the Andover Station Development needs to utilize the storm water drainage facilities, storm-water detention and retention facilities and related improvements for the drainage of their Benefited Properties; and WHEREAS, as a condition to permitting the drainage of the Benefited Properties into the outlots, the City requires 116, LLC to contribute a proportionate share of the cost to maintain, repair and replace storm water facilities, storm water detention or retention facilities and related improvements after the same have been constructed; and 1 WHEREAS, the City will perform or contract to have performed such maintenance, repair and replacement obligation with respect to such storm water drainage facilities, storm water detention or retention facilities and related improvements after the same have been constructed. WHEREAS, the parties desire to enter into this Agreement to delineate the parties' respective responsibilities as to maintenance and future reconstruction of such storm water drainage facilities, storm water detention or retention facilities, related improvements, boulevard landscape maintenance and street lighting. NOW, THEREFORE, the parties mutually agree and stipulate: ARTICLE 1. DEFINITIONS Section 1.1 . The following words, when used in this Agreement, unless the context shall. prohibit, shall have the following meanings: a. "116, LLC" shall mean and refer to the Andover Station II Owners Association, a nonprofit corporation under the laws of the State of Minnesota. b. "CITY" shall mean the City of Andover, a Minnesota corporation established under the laws of the State of Minnesota. c. "POND AREA IMPROVEMENTS" shall mean all ponds, wetland areas and /or drainage improvements, including all "NURP" (National Urban Run -off Program) or storm water retention or detention ponds (including all storm drains and sewers, storm water detention and retention facilities, culverts and conduits to and from the same and all other drainage. improvements and appurtenances related thereto) that are either within the Outlots A & B, Andover Marketplace East (see Exhibit A), or within easements affecting any portion of the Andover Station Property that run in favor of the EDA or the City. d. "LANDSCAPE MAINTENANCE" shall mean all irrigation maintenance and operation, planting beds (such as plant material, mulch, etc.), annual plantings, mowing, tree replacement and maintenance and turf replacement (Exhibits B & C). 2 ARTICLE 11. RIGHTS AND OBLIGATIONS OF THE PARTIES Section 2.1 City Obligation to Construct Pond Area Improvements. The City shall construct or cause to be constructed the Pond Area Improvements. Section 2.2 City Maintenance Responsibilities. The City shall maintain, repair and replace, the Pond Area Improvements as are necessary for the proper maintenance and functioning of the Pond Area for storm water drainage, detention, and retention for the benefit of the Andover. Station Property and the Benefited Property (the "Pond Area Improvement Maintenance Responsibilities "). The .City may contract with third parties to have said Pond Area Improvement Maintenance performed. The costs of maintaining, repairing . and replacing the Pond Area improvements are referred to herein as the "Pond Maintenance Costs." Section 2.3 116, LLC's Share of Pond, Landscape & Lighting Maintenance Costs. 116, LLC shall reimburse the City for 43.46% of the Pond Maintenance Costs and one hundred percent (100 %) of storm water pipe maintenance or replacement costs (see Exhibit A) as such costs are incurred by the City and pursuant to billings provided. 116 LLC shall reimburse the City as such costs are incurred by the City and• pursuant to billings provided by the City to 116 LLC (but such billings shall not occur more frequently than once per calendar month), and such billings shall include invoices; or other reasonable documentation of the Pond Maintenance Costs and the percentage thereof payable by 116, LLC. 116, LLC shall pay such billings within thirty (30) days of receipt thereof, and if not paid when due, such billings shall bear interest at the lesser of eight percent (8 %) per annum. In addition to any other remedies for breach of this Agreement if 116, LLC does not make payment to the City of its proportionate share of the Pond Maintenance Costs due hereunder, the City may certify the delinquent charges for payment with its real estate taxes against all or any part of the 116, LLC. property upon the same notice and procedure provided by Minnesota law for nonpayment of sewer or water utility charges. shall with pl�U�ll r,l`,I, YY�:µVr 1J�„UI If\I7 UI \4 ✓VM.V YG4.4 �YY Y. ...V V.IJ .a... vv..a.wva .v. and invoice 116, LLC for the expenses as proNded for herein (Exhibits D & C). 116, LLC shall pay the City for 39 % of the water usaje f, pr irrigattion 3 0 Bunker Lake Boulevard NW to Station Parkwav NW and 50% of the median ARTICLE 111. TERM OF AGREEMENT The term of this Agreement shall be for a period of 30 years from the date hereof unless terminated by written agreement of the parties hereto. At the expiration of said 30 year period, all terms and conditions contained herein shall continue to bind both parties for successive periods of ten years unless six months prior to the termination of such initial term or extended term one of the parties hereto notifies the other of its intent to terminate this agreement at the end of said term. ARTICLE IV. DEFAULT 4.1 Force Majeure: Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure; fire, flood, epidemic, strikes, wars, acts of nature, unusually severe weather, acts of public authorities,- or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 4.2 Performance. The parties shall make every reasonable effort to perform their respective obligations under this Agreement. 4.3 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. ARTICLE V. CONTRACT /RIGHTS REMEDIES 5.1 Rights Cumulative. All remedies available to either party under the terms of this Agreement or by law 4 or equity are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 5.2 Waiver. Wavier for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breath of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the parties. ARTICLE VI. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representatives of the parties hereto. ARTICLE Vill. SEVERABILITY The provisions of this Agreement shall be deemed severable. If'any part of this Agreement is rendered void, invalid; or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE Vlll. MERGER-- . This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement. of the terms agreed upon,. and shalt supersede all "prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. ARTICLE IX. DISPUTE RESOLUTION The City and 116, LLC agree in good faith attempt to settle any dispute arising under this Agreement. In the event that any of the parties hereto cannot resolve a dispute, the matter shall be referred to a panel of three arbitrators as determined under the Rules of the American Arbitration Association. The purpose of the arbitrators shall be to resolve any dispute arising under the terms of this Agreement as expeditiously as possible so as not to impair duties, benefits and obligations arising under the terms of this Agreement. All proceedings before the arbitrator shall be informal. The arbitrator shall render a decision upon.the conclusion of the proceedings as expeditiously as possible: The decision shall be in writing. In its decision, the arbitrator shall decide the extent to 6 which each of the parties shall bear the reasonable costs in resolving the dispute. The decision shall be final and binding upon the parties. ARTICLE X. AUDIT OF RECORD The books, records and documents and accounting procedures and practices relevant to this Agreement are subject to reasonable examination by each of the parties hereto. ARTICLE XI. MISCELLANEOUS 11.1 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 11.2 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery, provided, however, that invoices for Pond Maintenance Costs may be sent by United States first class mail, postage prepaid. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party and Walgreen may change from time to time their respective address for notice hereunder by like notice to the other parties. The initial• notice -addresses of the-parties are as set forth in the introductory paragraph of this Agreement. ..:. City:. Andover Station Owners Association Minnesota 116, LLC: Andover Station II Owners Association Minnesota 11.3 Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. 0 11.4 Counterparts. This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one agreement dated as of the date hereof. 116, LLC By i i STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ;z day of q�6A�na sL 2004, by 22:,& -� Pcp and the of 116, LLC, a Minnesota limited liability company, on behalf of said company. i Notary Publi 4 :,• �. �RtEYII CLINTOIy AtyComm�fon 7 CITY OF ANDOVER: sy s Mayor STATE OF MINNESOTA ) ) ss. Its Clerk COUNTY OF ANOKA ) On this day of , 2004, before me, a Notary _e_ Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, a municipal corporation organized under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said municipal corporation. ob, 11' 11111111 A C�'7A. EIER ESOTA AV @.x2005 ;. . THIS INSTRUMENT WAS DRAFTED BY:. William G. Hawkins William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427 -8877 M i � M{ { srai147 €� R€ Og€ ti q 31 s g ¢q8 t�R ON i q g a gzt Big �� a c ill Illalll.,,l � I� I 5111 ��� il� S °�qag ' '4y8� Z� iNg y "'fig: y Y aa O j'jg9g� F 4 z Fl g85M ' j y Sit - µH 9p / • O m T1 \ W.: ww FIR w C•1 1�b W IEV3.g1f IYf 1� �i MIY�aY�Y�� �� Ntin �A,11��LAM �� " Lw^•'^'.,..,,°^"""w w." =,' °e / ROPmtes �•• .., u+. uw "-.•.. O.I� lG M "�" J 'p-10 Y a R �xa & 8 EO° �a4J a 3 A v y. a x�+ E `o A cy_ pG � p, O i n � E y m w a c Z �U �m 6 LU C y a O y (^^u`` u W 3'J I x m O E MZ- k 1SN3Atl21 O � S s GA IQ NOSMVH q m « m° CL 0 0 J Ul 1 Q K \76 a EO° �a4J Smp A v y. a ,UC GI « ' 15 NIlTJtlW q m « m° CL 0 0 J Ul 1 Q K \76 SUN oil�1 ��� ■��� r� • �r_r ,aid !_t. s + LAG•._ W N C I� I T Y O F DOVE 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 FROM: Jim Dickinson, Executive Director SUBJECT: Andover Station Maintenance & Marketing Discussion DATE: May 18, 2010 INTRODUCTION The EDA last discussed this topic on May 4`h and this report is meant to address a few remaining concerns: 1. Prairie Restorations work on maintaining the median - We have engaged with them more vigorously in what they will be doing this spring/summer to improve the area. 2. Decision on how to distribute the Twins tickets. 3. When the summer music program should start and how best to advertise it. DISCUSSION Median Maintenance on Bunker Prairie Restorations said they would replant about 50% of the end cap plants (as they were guaranteed). They will coordinate a herbicide spray, weeding, and planting day with the city staff (and public works). Relative to the guarantee and Prairie Restorations understanding, please refer to the attached correspondence. Distribute the Twins Tickets The EDA will need to decide how best to distribute the 25 pairs of Twins tickets. Suggestions on this include: 1. Mail a letter to all businesses (as suggested at the last meeting). 2. Randomly draw 25 businesses out of a hat. 3. Have 25 long standing businesses be selected by EDA Commissioners. Summer Music Program Oak View Middle School is interested in helping to get this started but the event would need to take place before school is out (June P), this would likely not leave enough time to advertise a successful event. Staff believes it would best to start after "Fun Fest" to allow plenty of time to advertise it in the newsletter and during the "Fun Fest ". "Fun Fest" is going to be July 9th & 10th this summer. The EDA should choose an evening that they would like this to happen. Staff suggests either Thursday, July 15th or Thursday, July 22 °d ACTION REQUESTED The EDA is asked to further discuss the issues presented in this staff report and provide direction to staff. submitted, Dickinson Dave Berkowitz From: Ryan Gerth [rgerth @prairieresto.comj Sent: Thursday, May 13, 2010 11:56 AM To: Dave Berkowitz; Dave Berkowitz Subject: Bunker Lake Medians Attachments: Bunker Lake Medians invoice - copy.jpg; Bunker Lake Medians guarantee.jpg; Bunker Lake Medians management timeline - techniques.jpg Dave, Attached you will find a copy of the invoice we sent after the original seeding was completed. I have also sent a copy of our guarantee stating that there will be successful establishment after three full growing seasons. According to our records we are currently in the 2nd growing season and will not start our 3`d growing season until August 5d' of 2010..On Auouste. 2011 our third growina season will be completed and vo j wilt find sucr.Pgsf d establishment of the prairie. The third attached document is the projected management procedures to be expected along with the correlate season years. W, a stand committed to this project and will do everything we can to see it reach maturity. Let me know if you have any questions. Thanks! Ryan Gerth Land Management Supervisor Prairie Restorations Inc. (763)- 631 -9439 office (612)- 708 -9439 cell (763)- 631 -9480 fax rgerth(rD_prairieresto.com .1 Prairie FILE COPY Restorations, Inc.li- P.D. Box 327 a Princeton, Minnesota 55371 Office: 763 -389 -4342 Fax: 763-389-4346 SOLD TO: City of Andover DATE: August 12, 2008 Attn: Will Neumeister 1685 Crosstown Blvd_ NW INVOICE NO, 114666 Andover, MN 55304 PRODUCT or SERVICE DESCRIPTION: PRICE RE: BUNKER LAKL BOULLVAkD — Site preparation, seed and seeding, erosion blanket, delivery and installation of plants. Work completed August 5. 2008. Site Preparation Seed and Seeding. Straw Frosion Blanket Wildflowers Note: See attached list for seed and plants used. $1,225.00 $1,480.00 $2,940.00 $2,340.0 $7,985.00 Total Due ........................... J. $71985.00 Thank you for choosing Prairie Restorations, Inc. CONDITIONS OF SALE: Although all seed and plant orders are made on the be" or existing inventory, we must reserve the right to cancel should losses from fire. wind or other natural causes redvo dvailable svoplie5. We 9uefdntea all sales to be true to name and will replace or refund up to the orlginat order should any portion prove otherwise Accounts not paid in full within 30 days of the invoice dale will have monthly finance charges added at a rate of 1.5 0A THIS 19 YOUR INVOICE — PLEASE PAY FROM THIS INVOICE F. Management: During the first growing season the project area may need to be mowed to control annual weed development. if a "closed" canopy of weed cover develops, it should be mowed to aid in the growth of the prairie seedlings by reducing competition. Optimum cutting height would be 4 to 6 inches (depending on wildflower species present). Mowings done by PRI will be billed separately unless they are included as part of the installation contract. 2_ In years following the first growing season, management services could include site monitoring, burning, mowing, spot spraying, or hand weeding. These services should be contracted separately from the installation contract. Please note that management Services are billed on a time and materials basis (a breakdown of cost ingredients would be available prior to contract acceptance). 3. In addition to service contracts, management consulting services are available upon request by calling our Services Group, G. Costs: Site preparation (mWIA V *rWfffi'.wo ft ram, lam+�wiw) ............... I...... $ ] 225 Seed aad seeding as specified ....................................... ..............................5 1480 Straw Erosion Blanket (2450 sgyds imrafkd@ $1.20 sq yd) ................52440 Wildflower 4" pots (360 imialled (aj $6.50 each) .......... ..........................$2340 Total....... ............................... ..........................57985 Note: As mi option, PRI will provide a follow -up consultation approximately 1 month after the completion of the project (if the project was seeded in the fall, the consultation will occur the following spring). The Restorationist (or salesperson) will meet with the project owner to assess the status of the project, arswer any questions, and provide any necessary recommendations. This follow -up consultation will be provided at no additional cost. H. Projected Management Procedures and Cost Estimates: iq' a- Year Projected Management Proeedxnes A,, s w. r - A-? s 1 2009 Complete site mowings to control annual weed canopy (i or 2 mawings may be needed)_ yr 2 1 2009 Complete site mowings (lor 2 mowings maybe naedod), Integrated Plant Management QPM) - spot spraying, spot mowing, hand weeding, etc. (2 -3 visits) p Y` '5 t 1"9 s ra i L, ,d., r :` ,tr 3010 Dormant season maw. IPM (2 -3 visits) Broadleaf herbicide overspray 3 Estimated Management Costs Growing season 2009 (partial season) .................$600 Growing season 2009 .............. ..........................51200 Growing season 2010 .............. ..........................$1200 Please note: Management is typically billed on a time and materials basis Work is billed upon completion until the site's maintenance netds are Fort (the yearly estimate is mot azceeded without prior approval). L Guarantee: Prairie Restorations, Inc. (PRI) has a great tradition of successfully installing native landscapes throughout the Upper Midwest. We feel our expertise in this industry is second to none and we stand behind every one of our projects. Because we are confident in our abilities to provide you with the best possible materials and services, we are proud to offer the following guarantee: On projects installed by PRI crews within the specied dates, we will guarantee successful establishment within three full growing seasons, givers the following conditions: 1. That PRI materials and PRI installation services are used on the project Z That the failure of the project is not due to the actions of others. I 71at PRI staff has been consistently involved with the maintenance of tine project (consultation with the client or direct utilization of PRI management services) from the time of germination until the end of the third growing season a e, mowing, spot spraying controlled burning}. Ais outline provides a step -by -step plan for accomplishing the restoration of this site. If successful establishment does not occur within three full growing seasons, 4211 necessary steps will be taken to ensure the eventual success of the project, at no additional charge. For purposes of this guarantee, successful establishment is def red as follows: That the presence of at least 75% of the original seeded or planted species can be found on site, and that the overall density of vegetation is comprised of no less than 75% native species. RcsMM ibn m,dine plepsred by Prairie Reibme ns, iv (PRJ) Prilmm. M mcsob .pro Im re 6q4 AGREEMENT FOR MAINTENANCE OF ANDOVER STATION MARKETPLACE EAST POND AND BOULEVARD IMPROVEMENTS This Agreement ( "Agreement") is made and entered on this 2nd day of Apri 1 , 2004 by and between 116, LLC, a Minnesota limited liability company, ( "116, LLC ") and the City of Andover, a municipal corporation organized under the laws of the State of Minnesota, 1685 Crosstown Boulevard NW, Andover, Minnesota 55304 ("City"). LUT111 �,t�4A1.A WHEREAS, the City is the fee title owner of Outlots A and B, Andover Marketplace East, in the County of Anoka, State of Minnesota (the "Outlots ") on which the City plans to construct (or cause to be constructed) certain storm water drainage facilities, storm water detention and retention facilities and related improvements for the benefit of the Andover Station Property including other property owned by 116, LLC, legally described as: Lots 1 -15, Andover Station It, Anoka County, Minnesota, (such other real property being referred to herein as the "Benefited Property" ); and WHEREAS, 116, LLC, as a result of developing their property within the Andover Station Development needs to utilize the storm water drainage facilities, storm- water detention and retention facilities and related improvements for the drainage of their Benefited Properties; and WHEREAS, as a condition to permitting the drainage of the Benefited Properties into the outlots, the City requires 116, LLC to contribute a proportionate share of the cost to maintain, repair and replace storm water facilities, storm water detention or retention facilities and related improvements after the same have been constructed; and 1 In 6 WHEREAS, the City will perform or contract to have performed such maintenance, repair and replacement obligation with respect to such storm water drainage facilities, storm water detention or retention facilities and related improvements after the same have been constructed. WHEREAS, the parties desire to enter into this Agreement to delineate the parties' respective responsibilities as to maintenance and future reconstruction of such storm water drainage facilities, storm water detention or retention facilities, related improvements, boulevard landscape maintenance and street lighting. NOW, THEREFORE, the parties mutually agree and stipulate: ARTICLE 1. DEFINITIONS Section 1.1 . The following words, when used in this Agreement, unless the context shall. prohibit, shall have the following meanings: a. 1% LLC" shall mean and refer to the Andover- Station II Owners Association, a nonprofit corporation under the laws of the State of Minnesota: b. "CITY" shall mean the City of Andover, a Minnesota corporation established under the laws of the State of Minnesota. c. "POND AREA IMPROVEMENTS" shall mean all ponds, wetland areas and /or drainage improvements, including all "NURP" (National Urban Run -off Program) or storm water retention or detention ponds (including all storm drains and sewers, storm water detention and retention facilities; culverts and conduits to and from the same and all other drainage improvements and appurtenances related thereto) that are either within the Outlots A & B, Andover Marketplace East (see Exhibit A), or within easements affecting any portion of the Andover Station Property that run in favor of the EDA or the City. d. "LANDSCAPE MAINTENANCE" shall mean all irrigation maintenance and operation, planting beds (such as plant material, mulch, etc.), annual plantings, mowing, tree replacement and maintenance and turf replacement (Exhibits B & C). 2 E ARTICLE II. RIGHTS AND OBLIGATIONS OF THE PARTIES Section 2.1 City Obligation to Construct Pond Area Improvements. The City shall construct or cause to be constructed the Pond Area Improvements. Section 2.2 City Maintenance Responsibilities. The City shall maintain, repair and replace, the Pond Area Improvements as are necessary for the proper maintenance and functioning of the Pond Area for storm water drainage, detention, and retention for the benefit of the Andover.Station Property and the Benefited Property (the "Pond Area Improvement Maintenance Responsibilities "). The City may contract with third parties to have said Pond Area Improvement Maintenance performed. The costs of maintaining, repairing . and replacing the Pond Area Improvements are referred to herein as the "Pond Maintenance Costs." Section 2.3 1169 LLC's Share of Pond, Landscape & Lighting Maintenance Costs. 116, LLC shall reimburse the City for 43.46% of the Pond Maintenance Costs and one hundred percent (100 %) of storm water pipe maintenance or replacement costs (see Exhibit A) as such costs are incurred by the City and pursuant to billings provided. 116 LLC shall reimburse the City as such costs are incurred by the City and. pursuant to billings provided by the City to 116 LLC (but such billings shall not occur more frequently than once per calendar month), and such billings shall include invoices; or other reasonable documentation of the Pond Maintenance Costs and the percentage thereof payable by 116, LLC. 116, LLC shall pay such billings within thirty (30) days of receipt thereof, and if not paid when due, such billings shall bear interest at the lesser of eight percent (8 %) per annum.' In addition to any other remedies forrbreach of this Agreement if 116, LLC does not make payment to the City of its proportionate share of the Pond Maintenance Costs due hereunder, the City may certify the delinquent charges for payment with its real estate taxes against all or any part of the 116, LLC. property upon the same notice and procedure provided by Minnesota law for nonpayment of sewer or water utility charges. 116, with for herein (Exhibits D & C). 116, LLC shall pay the City for 39% of the water usage for�irrigation. Martin for on jays eei ivvv ano mama zcreei rvvv. i ne anina costs alono the east side of Jav Street from Bunker Lake Boulevard. NW to Station Parkway NW and 50% of the median ARTICLE 111. TERM OF AGREEMENT The term of this Agreement shall be for a period of 30 years from the date hereof unless terminated by written agreement of the parties hereto. At the expiration of said 30 year period, all terms and conditions contained herein shall continue to bind both parties for successive periods of ten years unless six months prior to the termination of such initial term or extended term one of the parties hereto notifies the other of its intent to terminate this agreement at the end of said term. ARTICLE W. DEFAULT 4.1 Force Majeure, Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure; fire, flood, epidemic, strikes, wars, acts of nature, unusually severe weather, acts of public authorities,- or delays or defaults caused by .public carriers, provided the defaulting party gives notice as soon as possible to the other patty of the inability to perform. 4.2 Performance. The parties shall make every reasonable effort to perform their respective obligations under this Agreement. 4.3 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. ARTICLE V. CONTRACT /RIGHTS REMEDIES 5.1 Rights Cumulative. All remedies available to either party under the terms of this Agreement or by law 4 or equity are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 5.2 Waiver. Wavier for any default shall not be deemed to be a waiver of any subsequent default. Waiver of breath of any provision of this Agreement shall not be construed to be modification for the terms of this Agreement unless stated to be such in writing and signed by authorized representatives of the parties. ARTICLE VI. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, and signed by authorized representatives of the parties hereto. ARTICLE VII. SEVERABILITY The provisions of this Agreement shall be deemed severable. If 'any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. ARTICLE Vlll. MERGER... This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement, of the terms agreed upon,. and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. ARTICLE IX. DISPUTE RESOLUTION The City and 116, LLC agree in good faith attempt to settle any dispute arising under this Agreement. In the event that any of the parties hereto cannot resolve a dispute, the matter shall be referred to a panel of three arbitrators as determined under the Rules of the American Arbitration Association. The purpose of the arbitrators shall be to resolve any dispute arising under the terms of this Agreement as expeditiously as possible so as not to impair duties, benefits and obligations arising under the terms of this Agreement. All proceedings before the arbitrator shall be informal. The arbitrator shall render a decision upon.the conclusion of the proceedings as expeditiously as possible: The decision shall be in writing. In its decision, the arbitrator shall decide the extent to A which each of the parties shall bear the reasonable costs in resolving the dispute. The decision shall be final and binding upon the parties. ARTICLE X. AUDIT OF RECORD The books, records and documents and accounting procedures and practices relevant to this Agreement are subject to reasonable examination by each of the parties hereto. ARTICLE XI. MISCELLANEOUS 11.1 Attorneys' Fees. In the event a party institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding. 11.2 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery, provided, however, that invoices for Pond Maintenance Costs may be sent by United States first class mail, postage prepaid. Notice shall be deemed given upon receipt or refusal to accept delivery. Each party and Walgreen may change from time to time their respective address for notice hereunder by like notice to the other parties. The initial• notice addresses of the-parties are as set forth in the introductory paragraph of this Agreement. . .: City:. Andover Station Owners Association Minnesota 116, LLC: Andover Station 11 Owners Association Minnesota 11.3 Governing Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. n C 11.4 Counterparts. 11 This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one agreement dated as of the date hereof. 116, LLC/ gy /dam Its: <_ STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this ;z day of Q Ana s� , 2004, by ` 2zs&t rAuZ < %4c - and - the -r A. g ',41,eand of 116, LLC, a Minnesota limited liability company, on behalf of said company. Notary Publi NOUN A CLIN N �+yroa'�,iaaa 7 11 CITY OF ANDOVER: By �G� .-- s Mayor STATE OF MINNESOTA E By &4om/ 011,1 Its Clerk ) ss. COUNTY OF ANOKA ) On this day of , 2004, before me, a Notary Public within and for said County, personally appeared Michael R. Gamache and Victoria Volk, to me known to be respectively the Mayor and Clerk of the City of Andover, a municipal corporation organized .under the laws of the State of Minnesota, and who executed the foregoing instrument and acknowledged that they executed the same on behalf of said municipal corporation. Mi 7,,�jMMISS11 E80T f s 1 'E90TA s N ° 2005 ? THIS INSTRUMENT WAS DRAFTED BY: William G. Hawkins William G. Hawkins and Associates 2140 Fourth Avenue North Anoka, Minnesota 55303 (763) 427 -8877 K EZr' M, FBI 31, Fj A NJZ MA R K 74 R g X549 i gig !gMg >2 a3 oBE � es5 5�gj '� �� aRy y7Rs. 3p 4 ie - -4 1449 'Ra IF, ONE �1 � �g� �� Fly€ 3 1 � w2 e�,gil Nor. 2 !{ s • ER \ �/F �// A w % ,/ �/ <�,✓/ -4 s t' la :a gi Sbi wm ..'a -1 . rI �I I y � a 1 V ° ° ° ° ° 0 I ' el ° n ° N SJ W c tz cq £ AD- ER � 5 /18 ANDOV MARKE:P m U� _�^ ,e.:o ss �•- . TTiSolxaolA IPROPFRTES aWSSI41 S e1. 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