HomeMy WebLinkAboutEDA April 6, 2004
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CITY OF ANDOVER
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
April 6, 2004 - 6:00 p.m.
CONFERENCE ROOM A
AGENDA
1. Call to Order
2. Approve Minutes - March 16, 2004
3. Review TIF District for Hughs Industrial Park - Finance/Planning
4.
Consider Design Selection for Monument Signs - Planning
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5.
Schedule April 21 51 or April22nd Special Meeting/Review Andover Station North RFP's
- Planning
6. Schedule Business Appreciation Golf Outing Day/June 23rd - Planning
7. Other Business
8. Adjourn
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CITY OF ANDOVER
ECONOMIC DEVELOPMENT AUTHORITY
MEETING
April 6, 2004 - 6:00 p.m.
CONFERENCE ROOM A
AGENDA
Call to Order
Approve Minutes - March 16, 2004
Review TIF District for Hughs Industrial Park - Finance/Planning
Consider Design Selection for Monument Signs - Planning
Schedule April 21 51 or April 22nd Special MeetingJReview Andover Station North RFP's
- Planning
6. Schedule Business Appreciation Golf Outing Day/June 23rd - Planning
7. Other Business
8. Adjourn
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Economic Department Authority
CC: John Erar, Executive Directo(
FROM: Vicki V olk, City Clerk
SUBJECT: Approval of Minutes
DATE: April 6, 2004
INTRODUCTION
The following minutes were provided by TimeSaver for approval by the EDA:
March 16,2004
Regular Meeting (Schultz, Larsen absent)
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DISCUSSION
Attached is a copy of the minutes for your approval.
ACTION REOUIRED
The EDA is requested to approve the minutes of March 16,2004.
Respectfully submitted,
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Vicki V olk
City Clerk
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ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING
MARCH 16, 2004 - MINUTES
A Meeting of the Andover Economic Development Authority was called to order by Vice President
Julie Trude, March 16,2004,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota
Also present:
President Mike Gamache (arrived at 6:02 p.m.), Commissioners
Don Jacobson, Mike Knight, Ken Orttel, Julie Trude; Voting
resident member Robert Nowak
Voting resident member Fred Larsen and Non-voting resident
member Edward Schultz.
Community Development Director, Will Neumeister
City Finance Director, Jim Dickinson
Others
Present:
Absent:
APPROVAL OF MINUTES
March 1, 2004: Correct as written.
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Commissioner Jacobson stated on page two the title is spelled incorrectly and should be "Lien"
instead of "Lean".
MOTION by Nowak, Seconded by Ortte1, approval of the Minutes as corrected. Motion carried
unanimously.
TIF DISTRICT FOR HUGHS INDUSTRIAL PARK
Community Development Director Neumeister explained at the February 3, 2004 EDA meeting
there was discussion regarding Rick Lindquist's plans for a new industrial building at the
southeast corner of Round Lake Boulevard and 1620d Lane. Staff was asked to review a "pay as
you go" Tax Increment Finance (TIP) district on three parcels that Mr. Lindquist is interested in
developing further. Staffwas also directed to investigate the list of potential qualifying expenses
that TIF could be used for.
President Gamache arrived at 6:02 p.m.
Mr. Dickinson discussed the "pay as you go" process with the Board.
\ Commissioner Jacobson asked when doing a project, would they wait until they have enough of
" ) the increment in the bank or would they up front the money and hope it comes in the next seven
years. Mr. Dickinson stated they would put in place a note with the developer who can take the
note to the bank and get financing on the note, knowing that the City has either agreed to a
maximum termor maximum amount. The developer can get fmancing outside of the City as the
\ Andover Economic Development Authority Meeting
, ~ Minutes - March 16, 2004
Page 2
developer pays the taxes, the City will reimburse him for the amount of tax in that district that he
did pay.
Mr. Nowak asked if it would be reimbursed until he recoups the entire amount or until the set
number of years comes about. Mr. Dickinson stated the maximum term in a redevelopment
district is twenty-five years and they cannot go beyond that. He stated that in this area, they
would not recommend a twenty-five year district.
Commissioner Jacobson asked what would happen to the agreement or money if the property is
sold. Mr. Dickinson stated it would depend on if the City would agree to assign the note. He
stated if the developer were to sell the property and the note was not assigned or the note was
gone, they could decertify the district. He stated that if you allow him to assign the agreement to
another developer, the terms and everything will go onto the new owner. They will have to give
a prove out, receipts for out of pocket costs for the items.
Commissioner Trude asked if there were enough eligible items to qualify this for approval. Mr.
Dickinson stated there were.
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Commissioner Trude asked if it was pretty much limited to infrastructure and prepping the site.
She asked if it could go for wells or septic systems. Mr. Dickinson stated he did not think that
would qualify. Demolition would qualify but building a new building would not qualify.
Mr. Dickinson discussed and showed the Board the internal analysis of the project.
Commissioner Orttel asked if the County needs to approve this. Mr. Dickinson stated they would
run this by the County but it can be done whether they agree or not.
Commissioner Jacobson asked what they would be capturing from the school. Mr. Dickinson
stated they would not be capturing anything from the school district.
Mr. Dickinson stated they made this ten years because septic systems usually last ten to fifteen
years and at that time they could add the property to City sewer and water.
Commissioner Knight asked if there would be enough in the system to take in a commercial site.
Mr. Neumeister thought there could be.
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Commissioner Orttel asked what the object was to only go ten years or would it make more sense
to go longer. Mr. Dickinson stated this becomes an issue of whether they are struggling to pull
enough taxes into the operational side and unlike abatement, they cannot levy outside of the levy
limits for the dollar amount.
Commissioner Orttel asked if this would reduce the cost. Mr. Dickinson stated it would cost any
where from $7,500 to $10,000 to set up.
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Andover Economic Development Authority Meeting
Minutes - March 16, 2004
Page 3
Commissioner Trude stated when they set up the district, they do not need to put a time period on
it, and the time limit is only for the bond. Mr. Dickinson stated the maximum they can do is
twenty-five years. He stated it was highly unlikely this will meet the test in some of the other
areas if they bring in more parcels. He stated they are bringing in some of the lower value
parcels within that area. Some of the adjacent parcels have taxable values in the $300 to $370
thousand range and when they look at taking that off and what they would be able to put back on,
knowing there will have to be septic systems in that area, it will be extremely difficult to make
that work.
Mr. Nowak stated this is not as positive an image to others in Hughs Park. Mr. Dickinson stated
it could be because if they are looking at a fa~ade improvement, they could look at other
community development. They could put in place a revolving loan fund that they could loan out
money for fa~ade improvements and other building.
Commissioner Trude asked if they could use excess TIP to set up a revolving fund because
generally there is extra increment that is not dedicated to payoff. Mr. Dickinson stated they will
have a very difficult time proving the blight on other parcels.
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Commissioner Knight asked about the pieces that are open right now and he wondered if they
would be eligible. Mr. Dickinson stated they would recommend to put them in the district
because they think that when the building is constructed the other parcel will want to develop.
Mr. Nowak stated they are trying to decide why the entire Hughs Industrial Park is not being
recommended for the TIP District. Mr. Dickinson stated the time frame will be, they can put all
of the parcels in, if activity does not happen, they are all going to fallout and then the operational
side is going to be less all of the tax revenue.
Mr. Neumeister stated if they start the TIF District and there is not any activity, they are wasting
what could have been productive years at a later time. If they wait, they will see a much bigger
increase in value and they will get much more that will work for you. If they do not see a big
increase in value, they could have ten or fifteen years that nothing happens but they burn those
years as producing years in the increment and they cannot go back. Mr. Dickinson stated they
can be decertified and then they would need to start over again.
Commissioner Jacobson asked how easy it is to decertify. Mr. Dickinson stated it is fairly easy
to do.
Commissioner Trude stated she did not have any problem moving forward with that and they can
always change the parameters in the district. Mr. Dickinson stated he would recommend the
., entire area as the parameter. Commissioner Orttel suggested they add the additional ten acres to
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Commissioner Orttel thought they should look at the traffic routing in the area and possibly set
up a traffic management program in the area.
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Andover Economic Development Authority Meeting
Minutes - March 16, 2004
Page 4
Commissioner Jacobson wondered how much of the district do they use if they go ahead with
this. Commissioner Orttel thought they should make the entire area the district. Commissioner
Trude thought staff could look at this and come back to them with the area.
Mr. Dickinson stated what he understood from discussion was a TIF District looks favorable.
They should look at a "pay as you go" concept with Mr. Lindquist on his parcel. The Board
wants staff to explore if it makes more sense to put more parcels into the district and have the
project area expanded.
Commissioner Orttel thought they should move ahead with what was recommended.
Motion by Trude, Seconded by Orttel, authorize staff to work with EWers Associates and Briggs and
Morgan would begin the process of preparing the necessary paperwork to establish the TIF district
and to approve establishing two parcels along Round Lake Boulevard as a "pay as you go" TIP
Distri ct.
Mr. Dickinson stated he did not need a motion at this time.
'. Motion Dies
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It was the Board's consensus to have staff work with EWers Associates and Briggs and Morgan to
begin the process of preparing the necessary paperwork to establish the TIP District.
AUTHORIZE RESOLUTION - REDEVELOPMENT PLAN/COMMUNITY CENTER
EDA Treasurer Dickinson explained as the Andover Community Center Project proceeds to an
ultimate decision by the City Council within the month to move forward or not, the EDA will be
called upon to provide lease revenue fmancing for the project. Furthermore, if a decision is made
to move forward and to achieve the opening date of October 4, 2004 for the ice arena the process
for the financing plan needs to start now.
Mr. Dickinson discussed the fmancing steps with the Board.
Commissioner Jacobson asked if the City Councilor the Planning Commission held the Public
Hearing. Mr. Dickinson stated the public hearing would be held by the City Council.
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Commissioner Orttel asked how they determined the site. Mr. Dickinson stated the site is a draft
and the Board needed to approve it before they went forward with it. He stated the question was
why they would expand the district beyond the particular parcel. The reason is to meet the letter
of the law that what they are putting in there, redevelopment plan, will inevitably spur
public/private development within the spill over area He stated the parcels included are parcels
that have been discussed before as potentially being put on a tax abatement program with the
County. He stated this is favorable towards a redevelopment plan. Not all of the parcels need to
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Andover Economic Development Authority Meeting
Minutes - March 16, 2004
Page 5
be in the plan at this time but they need to make it larger than the site.
Commissioner Trude asked if this would impact other property owners in any way. :Mr.
Dickinson stated it did not and they did not have to redevelop; it is a plan in this particular area
for development.
Commissioner Jacobson stated this did not need to be used for commercial development only.
Mr. Dickinson stated this was true.
Motion by Trude, Seconded by Orttel, approval of the attached resolution. (Res. R002-04)
Commissioner Orttel asked why they need to have a redevelopment plan in order to issue lease
revenues. Mr. Dickinson stated this was also done on the Public Works building.
President Gamache asked ifit made a difference if they moved the plan up to the Grey Oaks area.
Mr. Dickinson stated it did not make a difference.
Motion carried unanimously.
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OTHER BUSINESS
Mr. Neumeister stated there was a question that came up from Ryan Construction that because the
Target closing is coming up, they would like to move heavy equipment onto the site before the
closing. They wondered if the EDA, would agree to put in writing that they can store the heavy
equipment on site before the closing with the indication that there will not be any digging or grading
until the closing has happened.
Motion by Jacobson, Seconded by Knight to move forward with a hold hannless agreement to allow
Ryan Construction to move heavy equipment to the site before closing. Motion carried unanimously.
Mr. Neumeister stated Bruggeman will be closing before April I, 2004 with the balance of the
money that was owed and they want to get their first building permit before April 15th . They want to
do their own construction of streets and utilities so they are ready to move rapidly once spring is
here.
Mr. Neumeister updated the Board on Andover Station items.
Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 6:50 p.m.
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Respectfully submitted,
Susan Osbeck, Recording Secretary
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
FROM:
President and EDA Commissioners
John Erar, Executive Directo~
Jim Dickinson, Finance Directo
Will Neumeister, Community De pment Directo~
TO:
CC:
SUBJECT: Review TIF District for Hughs Industrial Park - Finance/Planning
DATE: April 6, 2004
INTRODUCTION
The staff have been working with EDA Bond Counsel to determine the best course of action related to Rick
Lindquist's request for assistance to build a new building at the southeast comer of Round Lake Boulevard
and 162nd Lane. The Fiscal Advisor and Bond Counsel thought that there may be another alternative that
could be considered, that being the modification of existing TIF district I-I and 1-2. A brief summary of
both options is presented below.
DISCUSSION
Establish a new Tax Increment Finance (TIF) District - This is what was suggested at the last meeting of
the EDA. However, there are costs associated (including inspections) with setting up a new TIF district and
there are limitations on what is eligible to be funded with the money (i.e. site improvements).
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Modifv TIF Districts 1-1 and 1-2 development program and budget - This is possible by following the
proper procedures. It would give the EDA and the developer greater flexibility on how the money would be
able to be used. The older TIF laws were more open to using the money on improvements other than site
improvements. There are likely to be less costs associated with this compared to setting up a new district,
although there will still be some. With the projected land sales and increment activity in the Andover
Station area, Finance believes increment will be available to provide assistance for this redevelopment
project.
ACTION REOUESTED
The EDA is requested to discuss and select one of the two options; request that Rick Lindquist file an
application for financial assistance (see attached form) and submit the required escrow deposit.
The next step will be to prepare a resolution to bring before the EDA at the next meeting depending upon
w. ich course of action is selected and whether Rick Lindquist files the required escrow/application.
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Will Neumeister
a ments
Financial Assistance Form
CC: Rick Lindquist, 16191 Round Lake Blvd., Andover, MN 55304
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CITY OF ANDOVER
PRE-APPLICATION
BUSINESS ASSISTANCE FINANCING
Legal name of applicant:
Address:
Telephone number:
Name of contact person:
REQUESTED INFORMATION
Addendum shall be attached hereto addressing in detail the following:
1. A map showing the exact boundaries of proposed development.
2. Give a general description of the project including size and location of building(s); business
type or use; traffic information including parking, projected vehicle counts and traffic flow;
timing of the project; estimated market value following completion.
3. The existing Comprehensive Guide Plan Land Use designation and zoning of the property.
Include a statement as to how the proposed development will conform to the land use
designation and how the property will be zoned.
4. A statement identifying how the increment assistance will be used and why it is necessary to
undertake the project.
5. A statement identifying the public benefits of the proposal including estimated increase in
property valuation, new jobs to be created, hourly wages and other community assets.
6. A written description of the developer's business, principals, history and past projects
I understand that the application fee will be used for City staff and consultant costs and may be partially
refundable if the request for assistance is withdrawn. Refunds will be made at the discretion of the City
Council and be based on the costs incurred by the City prior to the withdraw of the request for assistance.
Ifthe initial application fee is insufficient, I will be responsible for additional deposits.
SIGNATURE
Applicant's signature:
Date:
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CITY OF ANDOVER
Application for Business Assistance Financing
GENERAL INFORMA nON:
Business Name:
Date:
Address:
Type (Partnership, etc.):
Authorized Representative:
Phone:
Description of Business:
Legal Counsel:
Address:
Phone:
FINANCIAL BACKGROUND:
1. Have you ever filed for bankruptcy?
2. Have you ever defaulted on any loan commitment?
3. Have you applied for conventional financing for the project?
4. List financial references:
a.
b.
c.
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5. Have you ever used Business Assistance Financing before?
If yes, what, where and when?
PROJECT INFORMATION:
1. Location of Proposed Project:
2. Amount of Business Assistance requested?
3. Need for Business Assistance:
4. Present ownership of site:
5. Number of permanent jobs created as a result of project?
6. Estimated annual sales:
Present:
Future:
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8. Anticipated start date:
Completion Date:
FINANCIAL INFORMATION:
1. Estimated project related costs:
a. Land acquisition
b. Site development
c. Building cost
d. Equipment
$
e. Architectural/engineering fee
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f. Legal fees
g. Off-site development costs
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2. Source of financing:
a. Private fmancing institution
b. Tax increment funds
c. Other public funds
d. Developer equity
$
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PLEASE INCLUDE:
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1. Preliminary financial commitment from ban1e
2. Plans and drawing of project.
3. Background material of company.
4. Pro Forma analysis.
5. Financial statements.
6. Statement of property ownership or control.
7. Escrow deposit of $5,000.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Andover Econornic Development Authority
CC:
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John Erar, City Administrato
Will Neumeister, Community Development Director t(/i.r--
Jon Sevald, Planning Intern:J'?
FROM:
SUBJECT:
Consider Design Selection for Monument Signs - Planning
DATE:
April 6, 2004
INTRODUCTION
This project is included within the 2004-2008 CIP. There are two components to this project; (l) the installation
of monument signs at seven key entrance points into the City, and (2) replacement of the green DOT population
signs. The purpose of this report is to update the EDA on the progress of the monument signs and to request
direction as to how to proceed with the project.
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DISCUSSION
These monument signs will establish a visual boundary of the city limits and will exemplify Andover's quality of
life. For the selection of the four design options, staff began with photographs of 50 signs, and then narrowed it
down to 12. ARC selected four of the twelve designs to bring forward to the EDA (see attached). An
architectural drafter was commissioned to complete preliminary design work. These drawings were then
distributed to six sign contractors for cost estimates. The estimated costs ranged from $11,000 to $32,000 each
(see attached).
The cost estimates are above what was expected primarily due to the amount of stonework involved with each
design. It may be possible to eliminate some of the stonework or replace the stone with other material (i.e.
limestone slab replaced by metal cabinet). Staff would like to gather input from the EDA relative to which design
is preferred.
BUDGET
Council approved a budget of$126,500 to be spread out between 2004 and 2006. Four monument signs would be
constructed in 2004, two in 2005, and one in 2006. The green DOT signs would be installed in 2004.
Each Total
Preliminary Desian Work $500
Construction/Bid Documents rest.) $2,500
Easement/Gradina/Utilities (est.) $5,000 $35,000
Monument SiCln Fabrication/lnstallation (est.' $11,500 $80,500
Green DOT Siqn Fabrication/lnstallation $400 $7,200
TOTAL $125,700
PROJECT BUDGET $126,500
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LOCATION
The locations for the monument signs may be found on the attached map. It is anticipated that the County will
not permit the monument signs to be located within the ROW for safety concerns. If this remains so, Staffwill
pursue options to purchase easements outside of the ROW.
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ACTION REOUESTED
The EDA is requested to choose one of the three options listed below to proceed with the project:
1. Chose one of the four designs. A sign designer will be hired to produce constructionlbid documents. The
project will go out for bid. The designer and contractor will work together to try to decrease costs.
Depending on the cost of the design chosen, this may limit the number of locations (i.e. $1 1,000 design =
seven locations, $30,000 design = three locations).
Advantage: Enabling several contractors to bid on one design will assure the lowest price for sign
fabri cation/installation.
Disadvantage: Hiring a sign designer may add $2,500 - $3,000 to the project. If the design is still over
budget, the contractor may need to redesign the sign anyway.
2. Ask contractors to design a sign within a specific budget, "what kind of a sign can you build for $10,000,
$12,000, $15,000, etc." The information will be brought back to the EDA for their consideration.
Advantage: This option will save money on the design phase.
Disadvantage: The sign contractor hired may not be as skilled at designing the signs compared to
a "sign designer," leading to a substandard design.
3. Install green DOT/population signs and reject or postpone the monument sign project.
Advantage: $118,800 may be reallocated to other projects.
Disadvantage: Council approved CIP project will not be completed.
Attachments
Sign Cost Estimates ../
Location Map v
CIP Budget ./
Sign Designs ./
Respectfully submitted
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Jon Sevald
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
The following estimates are based on preliminary design work.
A
(No Estimate Provided)
$12,400 $49,600
$11,000 $44,000
$11,000 $44,000
(No Estimate Provided)
$13,720 $54,880
Manufacturer
Each
Est Total (4 signs)
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DeMars Signs
Nordquist
Serigraphics
Sign Crafters
Sign Images
Signs With Dimension
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~ III Nordquist (Incomplete Information Provided)
:~( ...1~1'~<"1 Serigraphics (No Estimate Provided)
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'."'''- "AI". Sign Crafters $20,000 $80,000
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II , I 1 I I III ~-'-"<'-"" Sign Images (No Estimate Provided)
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1111 I I I 1111 Signs With Dimension $14,800 $59,520
Manufacturer Each Est Total (4 signs)
J~ ~l DeMars Signs (No Estimate Provided)
Nordquist (No Estimate Provided)
.~.- ~~d;/ l Serigraphics (No Estimate Provided)
.....~. ~ -'..--. .....'-'0.__._1 Sign Crafters $32,000 $128,000
Sign Images (No Est,imate Provided)
Signs With Dimension $15,016 $60,064
Manufacturer
Each
Est Total (4 signs)
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DeMars Signs
_ Nordquist
~ Serigraphics
_l\: Sign Crafters
Sign Images
Signs With Dimension
(No Estimate Provided)
$16,000 $64,000
(No Estimate Provided)
(Incomplete Information Provide)
(No Estimate Provided)
$14,480 $57,920
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CAPITAL IMPROVEMENT PLAN
PROJECT NAME: MONUMENT ENTRANCE SIGNS
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Capital Plan
City of Andover, MN
2004 thru 2008
Project # 04-41910-01
Project Name Monument Entrance Signs
Type
Useful Life
Category
Improvement
30 Years +
Improvements
Priority
Contact
Department
I - High
Will Neumeister
Planning & Zoning
Total Project Cost
$126,500
Description I
The major entry points into the City should be identified with monument signs. There are major arterial roads that would be logical places to
construct the monument signs. however. land may need to be acquired to place the sign if the County doesn't allow them in the right.of.way.
Entrance monument signs are needed at the following locations:
2004: Bunker Lake Blvd and 7th Avenue & Bunker Lake Blvd and Ham Lake City Limits
Hanson Blvd and 133rd Avenue & Round Lake Blvd and 133rd Avenue
2005: Round Lake Blvd and 181st Avenue & Hanson Blvd and 181st Avenue
2006: 7th A venue and Rum River
There may also be a need for smaller metal signs to be placed at the minor entry points into the City. Since the cost of these signs are relatively
low, this could be done with a portion of each years dollars.
Justification I
Identify geographical and political boundaries of the City, provide community with an aesthetically pleasing boundary marker.
Expenditures 2004 2005 2006 2007 2008 Total
Construction 62,000 31,000 16,000 109,000
Right of Way 10,000 5.000 2,500 17,500
Total 72,000 36,000 18,500 126,500
Funding Sources
EDA
2004
72,000
72,000
2005
36,000
36,000
2006
18.500
18,500
2007
2008
Total
126,500
126,500
Total
Operational Impact/Other I
Placement of City entrance monuments will require annual maintenance and landscaping upkeep. Right-of-way for signs will need to be verified
with Anoka County and permission will need to be obtained. If right-of.way in unavailable, private land acquisition may need to occur to provide
an adequate location.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US
TO:
President and EDA Commissioners
John Erar, Executive Director
Will Neumeister, Community Development Director ~
CC:
FROM:
SUBJECT: Schedule April2l st or 22nd Special Meeting/Review Andover Station North RFP's
DATE:
April 6, 2004
INITRODUCTION
The deadline for Andover Station North Request for Proposals (RFP's) is April 7th. Those
submittals will need to be reviewed by the EDA as soon as possible; thus, the need for the
EDA to set a special meeting date.
DISCUSSION
"
/
There are a couple of dates that staff suggests be considered for the special meeting night,
either April 21st or 22od. The meeting will likely be two hours or more in length. A 7:00
p.m. start time is suggested.
ACTION REQUESTED
The EDA is requested to select a time and date for a special meeting to review the RFP's for
Andover Station North.
Respectfully Submitted,
aal(~
Will Neumeister
/
@
" "-
j
1685 CROSSTOWN BOULEVARD N.w. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO:
President and EDA Commissioners
CC:
John Erar, Executive Directo~
Will Neumeister, Community Development Director 4'i-
FROM:
SUBJECT: Schedule Business Appreciation Golf Outing Date/June 23rd
DATE:
April 6, 2004
INITRODUCTION
It is time to select a date for the annual EDA Business Appreciation Golf Outing. The staff
has. checked with Greenhaven Golf Course for availability of their golf course for the EDA
Business Appreciation Golf Outing.
Staff suggests that late June that would be the best time for the event to occur before it gets too
hot. That also would give adequate time to put out brochures to the business community
r '\ giving them notice of the event.
\.j
" 'i
~-- ./
DISCUSSION
The date that seems to work the best for City staff that would like to attend is June 23rd. The
only other date that was available was June 16th.
ACTION REQUESTED
The EDA is requested to select the date for the EDA's Annual Business Appreciation Day Golf
Outing (either June 16th or 23rd).
Respectfully Submitted,
~~
Will Neumeister
(3
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA Board Members
FROM: John Erar, City Administrator
SUBJECT: Supplemental Agenda Items for April 6, 2004 EDA Meeting
DATE: April 6, 2004
The City Council is requested to review the supplemental material for the following Agenda Items:
Accent Additional Item under Other Business
Item #7a. Authorize Declaration and Affidavit of Wetland Replacement Areas (Supplemental)-
Administration/Engineering
Respectfully submitted,
. vP~<" --,
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: EDA President and Board
FROM: John Erar, EDA Executive Director
SUBJECT: Authorize Declaration and Affidavit of Wetland Replacement Areas
DATE: April 6, 2004
INTRODUCTION
The attached document references the wetland mitigation replacement work that will be
conducted as part of the Target Greatland redevelopment project in Andover Station South. The
wetland mitigation work will be performed by Ryan Companies with mitigation work occurring
in Andover Station North property.
DISCUSSION
This item was approved by the EDA Board several months ago, and this document will formalize
the action and provide the necessary documentation for the sale of the property to Target
Corporation. The City Attorney has reviewed the attached document and concurs with the action
being recommended.
ACTION REOUlRED
Approve the attached Declaration of Restrictions and Covenants for Replacement Wetland and
Affidavit of Landowner(s).
(Above Space is Reserved for Recording Information)
DECLARATION OF RESTRICTIONS AND COVENANTS
FOR
REPLACEMENT WETLAND
This Declaration of Restrictions and Covenants for Replacement Wetland (Declaration) is
made this _ day of , _ by the undersigned Declarant:
RECITALS
A. The Declarant holds the fee title or perpetual easement on the real property described
as follows:
[Insert legal description of the smallest parcel ofland possible containing the Replacement
Wetland. ]
B. This real property is the site of a Replacement Wetland, as defined in Minnesota
Rules 8420.0110, subp. 40.
C. The Declarant is seeking approval of (1) a replacement plan under Minnesota Statutes
section 103G.222 and Minnesota Rules 8420.0530 or (2) a bank plan under Minnesota Rules
8420.0740,
D. The Replacement Wetland is subject to the Wetland Conservation Act of 1991, as
amended, Minnesota Statutes section 1 03G .222 et seq ., and all other provisions oflaw that apply to
wetlands, except that the exemptions in Minnesota Statutes section 103G.2241 do not apply to the
Replacement Wetland, pursuant to Minnesota Rules 8420.0115.
FORM A - DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND
Page I of4
E. The Local Government Unit (LGU) charged with approval of the Replacement or Banking
Plan is , whose address is
F. All references in this instrument to Minnesota Statutes and Rules are to the Statutes and
Rules currently in effect and as amended or renumbered in the future.
RESTRICTIONS AND COVENANTS
The Declarant makes the following declaration of restrictions and covenants for the
Replacement Wetland. These restrictions and covenants shall run with the land, and bind Declarant,
and Declarant's heirs, successors, and assigns:
1. The Declarant shall maintain a Replacement Wetland of the size and type specified in
the replacement plan or bank plan approved by the LGU and on file at the offices of the LGU.
Declarant shall not make any use of the Replacement Wetland that would adversely affect the
functions or values of the wetland as determined by Minnesota Rules 8420.0540, subp. 10, and as
specified in the replacement plan or bank plan.
2. Declarant shall pay the costs of maintenance, repairs, reconstruction, and replacement
of the Replacement Wetland, which the LGU or the State of Minnesota through the Minnesota Board
of Water and Soil Resources may deem necessary to comply with the specifications for the
Replacement Wetland in the approved replacement plan or bank plan.
3. Declarant grants to the LGU, the State of Minnesota, and the agents and employees of
the LGU and the State of Minnesota, reasonable access to the Replacement Wetland for inspection,
monitoring, and enforcement purposes. This Declaration grants no access to or entry on the lands
described to the general public.
4. Declarant represents that he or she has a fee simple or easement interest in the land on
which the Replacement Wetland is or will be located. Declarant represents that he or she has
obtained the consent of all other parties who may have an interest in the land on which the
Replacement Wetland is or will be located to the creation of the restrictions and covenants herein,
and that, all such parties have agreed in writing to subordinate their interests to these restrictions and
covenants, pursuant to the attached Consent and Subordination Agreement(s).
5. Declarant shall record or file this Declaration, pay all costs associated with recording
or filing, and provide proof of recording or filing to the LGU. If this Declaration is given pursuant to
a replacement plan, such proof shall be provided to the LGU before proceeding with construction of
the Replacement Wetland.
FORM A - DECLARATION OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND
Page 2 of 4
6.
recorded.
These restrictions and covenants shall be unlimited in duration, without being re-
7. If the replacement plan or bank plan approved by the LGU and on file at its offices
requires the establishment of areas of permanent vegetative cover, the term AReplacement Wetland=
as used in this Declaration shall also include the required areas of permanent vegetative cover, even
if such areas are not wetlands. All provisions of this Declaration that apply to the Replacement
Wetland shall apply equally to the required areas of permanent vegetative cover. In addition, the
Declarant:
(a) Shall comply with the applicable requirements of Minnesota Rules 8420.0540, subpart
2.D;
(b) Shall, at Declarant=s cost, establish and maintain permanent vegetative cover on areas
specified in the replacement plan or bank plan for permanent vegetative cover, including any
necessary planting and replanting thereof, and other conservation practices, in accordance with the
replacement plan Or bank plan;
(c) Shall not produce agricultural crops on the areas specified in the replacement plan or
bank plan;
(d) Shall not graze livestock on the areas specified in the replacement plan or bank plan;
(e) Shall not place any materials, substances, or other objects, nor erect or construct any type
of structure, temporary or permanent, on the areas specified in the replacement plan or bank plan,
except as provided in the replacement plan or bank plan;
(f) Shall, at Declarant=s cost, be responsible for weed control by complying with noxious
weed control laws and emergency control of pests necessary to protect the public health on the areas
specified in the replacement plan or bank plan; and
(g) Shall comply with any other requirements or restrictions specified in the replacement
plan or bank plan, including, but not limited to, haying, mowing, timber management or other
vegetative alterations that do not enhance or would degrade the ecological functions and values of
the replacement site or bank site.
8. This Declaration may be modified only by the joint written approval of the LGU and
the State of Minnesota through the Minnesota Board of Water and Soil Resources. Such
modification may include the release of land contained in the legal description above, if it is
determined that non-wetland areas have been encumbered by this Declaration, unless the approved
replacement plan or bank plan designates these non-wetland areas for establishment of permanent
vegetative cover.
FORM A - DECLARATIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENT/BANKING WETLAND (2000)
Page 3 of 4
9. This Declaration may be enforced, at law or in equity, by the LGU, or by the State of
Minnesota. The LGU and the State of Minnesota shall be entitled to recover an award of reasonable
attorneys fees from Declarant in any action to enforce this Declaration.
Signature of Declarant
Signature of Declarant
STATE OF MINNESOTA)
) ss.
COUNTY OF. )
This instrument was acknowledged before me on
(date) by
(name(s) ofperson(s).
(Signature of Notarial Officer)
(Title)
My commission expires:
This instrument drafted by:
FORM A - DE CLARA TIONS OF RESTRICTIONS AND COVENANTS
FOR REPLACEMENTffiANKING WETLAND (2000)
Page 4 of 4
AFFIDAVIT OF LANDOWNER(S)
STATE OF MINNESOTA )
)ss
COUNTY OF )
sworn, deposes and says:
, the Affiant herein, being first duly
1. Affiant is the owner of land described as follows, to-wit:
(see attached legal description in Declaration)
2. Affiant is well-acquainted with the above-described land.
3. As of
claiming title to said land other than Affiant.
, no persons were in possession of or
4. There have been no improvements made during the one hundred twenty (120) days prior
to the above date for which any mechanics' liens might have arisen.
5. All taxes and assessments levied against the property have been paid when due, and such
property is free and clear of any tax lien except for current taxes not yet due or not yet delinquent.
6. No lien for unpaid income taxes has been filed or is outstanding against the property.
7. The land described above is free of all mortgages, easements, liens and other
encumbrances except as specified on the attached Form A-2 (Consent to Replacement Wetland).
8. No judgment or decree has been entered against Affiant that remains unsatisfied.
9. Affiant has not filed a bankruptcy petition nor had one filed against him under Title 11 of
the United States Code.
Affidavit of Landowners
Page lof2
Further your Affiant sayeth not.
Subscribed and sworn to before me
this day of
Notary Public
Affidavit of Landonwers (2000)
Page 2 of2