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Home My WebLink AboutEDA May 25, 2004 , '\ -J 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 May 25, 2004 - 6:00 p.m. Conference Room A & B AGENDA 1. 2. 3. 0 4, Call to Order Approval of Minutes - April 19, 2004 and April 20, 2004 Approve Subordination, Non-disturbance and Attornment Agreement for Andover Cornmunity Center - Administration Review Request from TCF/Ryan Construction for Bank Use of Lot and Lot Split- Planning 5. Discuss Request for Proposals for Andover Station North - Planning 6. Consider Andover Bowling Center at Andover Station - Planning 7. Update - TIF District no. 1-4 - Finance/Planning 8, Other Business 9. Adjourn .-~ '-.J .~ ~J '0 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 May 25, 2004 - 6:00 p.m. Conference Room A & B AGENDA 1. Call to Order 2. Approval of Minutes - April 19, 2004 and April 20, 2004 3. Approve Subordination, Non-disturbance and Attornment Agreement for Andover Community Center - Administration 4. Review Request from TCF/Ryan Construction for Bank Use of Lot and Lot Split- Planning 5. Discuss Request for Proposals for Andover Station North - Planning 6. Consider Andover Bowling Center at Andover Station - Planning 7. Update - TIF District no. 1-4 -Finance/Planning 8. Other Business 9. Adjourn r \ '0 '\ '\.J '0 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: INTRODUCTION Economic Department Authority . '0 Jim Dickinson, Interim Executive Director~ Vicki V olk, City Clerk . j Approval of Minutes May 25, 2004 The following minutes were provided by staff for approval by the EDA: April 19, 2004 April 20, 2004 DISCUSSION Special Meeting (Schultz, Larsen, Nowak absent) Regular Meeting (Larsen, Schultz absent) Attached is a copy of the minutes for your approval. ACTION REOUIRED The EDA is requested to approve the minutes of April 19 and 20, 2004. Respectfully submitted, 2~1- ti/L Vicki V olk City Clerk (2) '\ ',-~ CITY OF NDOVE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING APRIL 19, 2004 -MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, April 19, 2004, 6:06 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 member Robert Nowak. Voting resident member Fred Larsen and Non-voting resident member Edward Schultz. Executive Director, John Erar Community Development Director, Will Neumeister Others Absent: Also present: " ) APPROVAL OF MINUTES '0 April 6, 2004: Correct as written, MOTION by Orttel, Seconded by Knight, approval of the Minutes as written. Motion carried nn.nimously. REVIEW ANDOVER STATION NORTH RFP'S Community Development Director Neumeister explained the Request For Proposal (RFP) announcements were sent out to developers on February 10,2004 and five developers responded by April 7, 2004 with proposals to purchase EDA land in Andover Station North. EDA members need to review the five proposals that were submitted and make a recommendation on which developer they are interested in selling the property to, United Properties/Meriditzn Land Co. Mr. Keith illstad from United Properties made a presentation to the EDA, He stated they looked at the north site and they do not feel comfortable with the sub-station there. The main premise is to get an idea on the cost of moving the sub-station. Their proposal to the City is based on their making a contribution to the City to move the sub-station. He showed a layout of the proposed development on the site, Mr. Don Jenson, Meridian Land Co., sister company to United Properties, also made a presentation to the EDA. 1- " \. ~ ~) o Andover Economic Development Authority Meeting Minutes-April 19,2004 Page 2 Commissioner Trude asked if Mr. Jenson is the broker. Mr. Jenson he is not; they have other people do this. Mr. Jenson explained Meridian Land Company thought everything west of Jay Street should be residential and there should be a park in that area They believe they have a strong open space feel. Commissioner Knight asked how many acres the residential area is. Mr. Jenson stated it was approximately fifteen acres. Commissioner Knight stated there is a piece of land that is owned by someone else and he wondered why this was included. Mr. Jenson stated they thought this would blend the commercial into the residential and they spoke with one of the family members and he is open to coming up with something and is not opposed to working with whoever is selected. Commissioner Knight stated there is a substantial decrease in land space for the sub-station compared to what they have now. He wondered if they have talked to the electric company about this. Mr. Jenson stated the sub-station would fit in the smaller area Mr. Ulstad noted they have called regarding this but have not received a response in regard to what the cost would be. Commissioner Jacobson stated the price to move the sub-station out of there is approximately eight million. Mr. Jenson stated there is land that the EDA has bought and cannot be used for anything else, which they thought would be a good spot for the sub-station. Commissioner Jacobson asked if the sub-station were not moved what this would do to the presentation. Mr. Ulstad stated if it were not moved, it would substantially dampen their retail user use and it would probably not be able to be commercial but would rather need to be industrial. It affects their land value substantially and they would need to go back to the drawing board. Commissioner Jacobson stated two years ago it cost 1.8 million to move the smaller part of the sub-station including buying the land. Mr. Ulstad stated they could swap land to lower the cost Mr. Erar stated there are quite a few easements on the property so if the sub-station were moved they would still have to deal with the easements. There are also other constraints with the sub- station being moved so close to the WDE site. Commissioner Jacobson asked if the developer was asking the City to put in all of Jay Street and sewer and water before they start their development and are they prepared to pay some of the costs to bring these utilities up to the site. Mr. Ulstad stated they would be willing to cost share the expenses. Commissioner Orttel asked if Mr. Ulstad felt the residential was a distressed site or if it was a , , , / \ ,) , '\ I '-J Andover Economic Development Authority Meeting Minutes - April 19. 2004 Page 3 market rate site. Mr. Ulstad stated he thought it was at market rate. Mr. Jenson stated the residential would be a town home market but it would not be the most expensive homes in the City. Mr. Ulstad stated retail is not limited by the space. By adding more residential, it does not mean there will be less retail. Commissioner Jacobson asked if the residential area would be all owner-occupied. Mr. Jenson stated everything would be owner-occupied except for assisted living. Commissioner Jacobson asked about the contingency with the County regarding road improvements on Hanson and Bunker. Mr. Ulstad stated they would need to discuss full movement access into the area Discussion ensued in regard to the sub-station and building Jay Street. Motion by Jacobson, Seconded by Orttel to recess the EDA Meeting at 6:55 p.m. Motion carried lIn~nimously. Andover EDA reconvened at 7:28 p.m. REVIEW ANDOVER STATION NORTH RFP'S (CONTINUED) Town and Country Homes Ms. Krista Fleming and Mr. Terry Matula from Town and Country Homes made a presentation to the EDA. Ms. Fleming stated the proposal they came up with is a back-to-back town home development. She stated they are open to build housing within the commercial area. Commissioner Knight asked if they had common firewalls all around the town homes shown. Ms. Fleming stated there were. Commissioner Jacobson asked how many units are in each building. Mr. Fleming stated they have six, eight and ten unit buildings. Ms. Fleming stated they would put the park to the north for a buffer and ponds within the development. Commissioner Trude asked if the product was entry level pricing or higher. Ms. Fleming stated these would be a little higher based on the layout but it tends to be a first time homebuyer price. , \ '- ) ~) ~) Andover Economic Development Authority Meeting Minutes-April 19, 2004 Page 4 Mr. Nowak stated he read the price would be $180,000 to $210,000 per unit. Mr. Nowak asked if the town home development in Brooklyn Park is similar to what is being presented. Ms. Fleming stated it is. Commissioner Jacobson asked if there is a reason why they went with the design they did and not a one-story. Ms. Fleming stated they looked at this project as being a more first time home buyer or young singles or couples. Mr. Matula stated ninety percent of the retired segment want to live on one floor and they are not highly motivated to buy immediately and there are already so many town homes on the market that are geared toward the older retired couple. The Board discussed the townhomes and buyers for them. Mr. Matula stated they have more options for the designs of the homes than other developers. Commissioner Jacobson asked if they will have private roads and if they have associations where everyone needs to belong. Ms. Fleming stated they do. She stated the association will maintain the private roads but the main roads will be public. Commissioner Jacobson asked if the developers would be willing to cost share construction of the road going into the development. Ms. Fleming stated they would be willing to contribute and look at this. Mr. Matula stated the way to look at this as a developer, they can predict what the marketplace is going to be and they can budget money for surrounding improvements. Bruggeman Homes Mr. Greg Schlenk from Bruggeman Homes and Mr. Leon Opatz, RLK made a presentation to the EDA. Commissioner Jacobson asked if the units would be similar to the ones in Andover Station. Mr. Schlenk stated the eight unit townhomes would be similar. Commissioner Jacobson asked if Bruggeman Homes were the preferred developer, would they go to Mr. Povlitzki and get his approval first. Mr. Schlenk stated he would like to do both at the same time. He thought Mr. Povlitzki was very receptive to selling the twenty acres. Commissioner Knight asked what the price range would be. Mr. Schlenk stated it would be $170,000 to $190,000 on the two levels and the one level would be low $200,000. Commissioner Knight asked if they are planning some kind of buffer to the east between the townhomes and commercial. Mr. Schlenk stated they would. Andover Economic Development Authority Meeting ", Minutes-April 19, 2004 , ~ Page 5 Commissioner Jacobson asked what the density would be. Mr. SchIenk stated it would be close to 6 units per acre. President Gamache asked if they have an agreement with the Met Council pertaining to density. Mr. Neumeister stated they do but he felt it was agreed upon for medium density throughout the residential. Commissioner Jacobson asked if the developer was willing to share in the cost of land improvements with the City. Mr. SchIenk stated they could look into it and they could do this to a point. Mr. Erar stated there would always be a level of contribution by the developer. Mr. Erar stated it is difficult to design the street until a design is chosen. Mr. Neumeister stated it would be hard to get retail in the area with the sub-station where it is. President Gamache asked if it is better to have commercial go in before residential. Mr. Erar stated this was the plan because then they would have the road done for residential development. Mr. Neumeister stated they need to have this development pay for itself. , \ '-~ Commissioner Trude stated they have the engineering studies available for the developers to review. Ryland Homes Mr. Chris Engler and Mr. Brian Sullivan from Ryland Homes made a presentation to the EDA. The Commission looked at the layout and discussed where the wetland area will be in the proposal and how this will handle the development. Commissioner Jacobson asked if the road would be able to handle the residential traffic. Mr. Neumeister stated the road would be a loop road built to City standards. Commissioner Orttel asked if they have talked to the landowner to the south. Mr. Sullivan stated they have not. Commissioner Trude asked what the pricing would be on these. Mr. Sullivan stated it would start at mid to upper $100,000 to low to mid $200,000 and the plans would be 1200 square feet to 1600 square feet with double car garages and maintained by a homeowner's association. Commissioner Jacobson asked what the density would be. Mr. Sullivan stated there would be six "'\ units per acre but they could go seven units per acre. Mr. Neumeister stated he told them to show '-", more green space in the project but he thought seven units per acre would be fine. Commissioner Trude asked what market they saw in Andover. Mr. Sullivan stated he aimed this , j Andover Economic Development Authority Meeting Minutes - April 19, 2004 Page 6 toward first time homebuyers. Commissioner Knight liked the green area in this plan. Commissioner Jacobson asked what the timeline would be if they were accepted. Mr. Sullivan stated they would like to start immediately. Commissioner Knight asked how they felt about contributing to developing the road. Mr. Sullivan stated it would be put into the price of the home. Commissioner Jacobson asked if the roads would be public or private. Mr. Sullivan stated they would be private. Commissioner Jacobson asked how they would buffer the area between the single family and townhomes. Mr. Sullivan stated they could berm the area or add a fence. President Gamache asked if there would be variations in color on the buildings. Mr. Sullivan stated they could have multiple colorings on the buildings. , '\ '--j Mr. Neumeister asked if the developer saw any merit of bringing the housing in from the south east part of this development Mr. Engler stated they could and they could get started earlier also. Mr. Engler stated if they could put more homes on more land, they could add amenities to the project. The Commission took a ten-minute recess at 9: I 0 p.m. Positive Development, Inc. Mr. Jay Feider from Positive Companies, Inc. made a presentation to the EDA. He stated they specialize in smaller tenants. Commissioner Jacobson asked if the EDA owns the far lot Mr. Neumeister stated the EDA owns the left half and the developer could have the option of buying the right half from the energy company. Commissioner Orttel asked if the developer behind this would want a view corridor. Mr. Neumeister stated there would be a few different views between the buildings. ') \.-J Commissioner Jacobson asked how the property would be accessed because he did not know if the County would allow access off of Bunker. Mr. Feider stated he did not think this would be a problem because people would be willing to get to the building by using a service road if needed. Mr. Erar stated from a developer's perspective, given the sub-station on the comer, commercial '-__J Andover Economic Development Authority Meeting Minutes-April 19, 2004 Page 7 considers it extremely critical for a site point Mr. Neumeister thought the Commission would need to ask the developers to the north how much of a view corridor would be needed. Mr. Erar thought developing the land in the front of the site would be detrimental to development of the rest of the site. He thought the developer in the front could work with the developer in the back to develop at the same time. Commissioner Jacobson stated with the relative new development of his company, does he have the economic ability to do a development like this. Mr. Feider stated he used to have a construction company and sold it a year and a half ago and then developed using his own name and recently decided to incolpOrate. He stated he has been doing this type of thing for the last twenty years and his investors have a large net worth and he does have a credit line with a bank and could get a letter from the bank. Mr. Feider described the projects he has done and will be doing in the next year. '- _./ , \ Discussion ensued in regard to what developments would be viable on the site. / '\ '--'; Commissioner Trude asked what kind of tenants Mr. Feider could bring to the space. Mr. Feider stated he was not sure because the entrepreneurs in the area typically determine it. The Commission discussed the co=ercial proposal and the possibility of moving the sub- station to another site. President Gamache stated they need to make a decision as to whether they want more residential than what they previously discussed. Commissioner Trude stated they need to have more commercial in the City. Commissioner Jacobson stated he would be willing to look at expanding' the residential a little further east and south. Commissioner Jacobson stated they also need to look at the sewer study to find out what they have available for the area Commissioner Knight thought they should split up the construction of Jay Street OrHER BUSINESS There was none. Motion by Jacobson, Seconded by Nowak, to adjourn. Motion carried unanimously. The meeting adjourned at 9:55 p~m. " \ '-/ , 1 \.- ./ Andover Economic Development Authority Meeting Minutes - Apri/19, 2004 Page 8 Respectfully submitted, Susan Osbeck, Recording Secretary '~J CITY OF NDOVE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING APRIL 20, 2004 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by President Mike Gamache, April 20, 2004, 7:33 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Present: Commissioners Don Jacobson, Mike Knight, Ken Grttel, Julie Trude Voting resident members Fred Larsen and Robert Nowak; and Non-voting resident members Edward Schultz Executive Director, John Erar Co=unity Development Director, Will Neumeister EDA Treasurer, Jim Dickinson Assistant City Engineer, Todd Haas City Attorney, William Hawkins Others Absent: Also present: ~J APPROVE RESOLUTION APPROVING REDEVELOPMENT PROJECT AREA AND PLAN/COMMUNITY CENTER PROJECT EDA Treasurer Dickinson stated as the Andover Co=unity Center Project proceeded to an ultimate decision by the City Council, a requirement for the fmancing plan by the EDA was the creation of a Redevelopment Project Area and Plan for the Co=unity Center Project. That process was initiated on March 16, 2004 with the calling of a public hearing on the plan on April 20,2004. Mr. Dickinson discussed the information with the EDA. Motion by Grttel, Seconded by Knight, to approve the attached resolution "Resolution Approving Redevelopment Project Area and Plan". Chairman Daninger of the Andover Planning Commission arrived at the EDA meeting and asked Mr. Dickinson to review the reasons for this. Mr. Dickinson reviewed the information. '~J President Gamache asked if Chairman Daninger had any other questions. Chairman Daninger stated he did not have any other questions and he would make sure to report this information to the Planning Commission at their next meeting. ~) Andover Economic Development Authority Meeting Minutes - April 20, 2004 Page 2 President Gamache stated they changed one item which may have helped the Planning Commission. It was under the Redevelopment Program under number two, item number seven where they removed the word "fmancial". Planning Commissioner Daninger stated one word makes a difference to the Commission he is on. Commissioner Knight stated he appreciates the diligence the Planning Commission has. Commissioner Ortiel stated the discussion is as much benefit as the vote and the Planning Commission does an excellent job. Commissioner Jacobson stated Exhibit B is incorrect and the correction made in the City Council meeting should be reflected in this information. Commissioner Trude stated the correction would be on page three; item seven deleting "financial". Motion carried unanimously. (Res. 004-04) APPROVE REVENUE BOND RESOLUTION AUTHORIZING ISSUANCE OF THE o BONDS/COMMUNITY CENTER PROJECT EDA Treasurer Dickinson explained the EDA is called upon to provide lease revenue fmancing for the project. He stated the bond total will vary slightly from what is in the report. Mr. Steve Yanish, RBC Dain Rauscher, Inc. explained the EDA Bond information to the Commission. Mr. Yanish thought the bonds would be sold at 5.33 percent but they were actually at 5.28 percent. The amount of bonds sold was $19,580,000. He slated they have had a lot of interest in the bonds. Commissioner Jacobson asked what the bonds were rated at. Mr. Yanish stated the bonds were rated at "A". President Gamache stated when looking at the bonds and looking at the City, they look at the project but they also look at the City and its fmancial position. Mr. Yanish stated they look at the City, the Council and how the City is run. They look at the City's fmancial condition as the prime consideration. o Motion by Knight, Seconded by Trude, to approve the attached resolution, "Resolution Authorizing the Issuance of$I9,580,000 Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center) and the Execution and Delivery of a Lease Agreement, Ground Lease Agreement and a Mortgage and Security Agreement and Indenture Trust in Connection Therewith". Commissioner Jacobson asked on page 2, sub-section three, what number should be in there. Mr. Dickinson stated it should be $19,580,000. " Andover Economic Development Authority Meeting , 1 V Minutes - April 20, 2004 Page 3 Motion carried unanimously. (Res. 005-04) OTHER BUSINESS There was none. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 7:50 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary ~) o o o / , o Q) CITY OF NDOVE 1685 CROSSTOWN BOULEVARO N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: President and EDA Members FROM: Jim Dickinson, Executive Director SUBJECT: Approve Subordination, Non-Disturbance and Attornment Agreement for Andover Community Center DATE: May 25, 2004 Section 10.3 of the YMCA Sublease Agreement references a Subordination, Non-Disturbance and Attornment Agreement. The EDA is requested by bond counsel to formally approve the attached Subordination, Non-Disturbance and Attornment Agreement as a housekeeping item. The City Council and the YMCA have already approved the agreement. A brief presentation . be provided at the meeting if necessary. lly submitted, "nson , \ ,--) SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT This Subordination, Non-Disturbance and Attornment Agreement (this "Agreement") is made as of May I, 2004, by and among City of Andover, Minnesota (the "City"), a Minnesota municipal corporation and political subdivision; Economic Development Authority of the City of Andover, Minnesota ("EDA"), a public body corporate and politic; and The Young Men's Christian Association of Metropolitan Minneapolis (the "YMCA"), a Minnesota corporation; and is based on the following facts: A. The City owns real property situated in Anoka County, Minnesota, legally described on Exhibit "A" attached hereto and made a part hereof by reference (the "Land"). ~ ) '- B. Pursuant to a Ground Lease between the City, as Landlord, and EDA, as Tenant, dated as of May 1,2004 (as the same may be amended from time to time, the "Ground Lease"), the City has leased the Land to EDA and EDA has leased the Land from the City, in order that EDA may construct on the Land a building and related improvements to serve as a community center (the "Project"). C. The Ground Lease was filed for record in the office of the County Recorder in and for Anoka County, Minnesota on May _,2004 and recorded as Document No. D. In order to fmance the costs of the Project, EDA is issuing $19,580,000 Economic Development Authority of the City of Andover, Minnesota Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center) (the "Bonds"), pursuant to a Mortgage and Security Agreement and Indenture of Trust, dated as of May 1,2004 (as the same may be amended or supplemented from time to time, the "Indenture") between EDA and U.S. Bank National Association, as trustee (together with its successor(s) in trust under the Indenture, the "Trustee"). / \ V E. Pursuant to a Lease Agreement between EDA, as Landlord, and the City, as Tenant, dated as of May 1,2004 (as the same may be amended from time to time, the "Prime Lease"), EDA has agreed to lease the Land and the Project to the City. 667660/5 . "- v F. A Memorandum of the Prime Lease was filed for record in the office of said County Recorder on May _, 2004 and recorded as Document No. G. Pursuant to a Sublease Agreement between the City, as Landlord, and the YMCA, as Tenant, dated as of May 1,2004 (as the same may be amended from time to time, the "Sublease"), the City has agreed to sublease to the YMCA, and the YMCA has agreed to sublease from the City, a portion of the Land and the Project as specified in the Sublease. H. A Memorandum of the Sublease was filed for record in the office of said County Recorder on May -' 2004 and recorded as Document No. L The YMCA has requested, as a condition to its execution and delivery of the Sublease, and the City and EDA have agreed, that the City and EDA execute and deliver this Agreement to the YMCA. NOW, THEREFORE, in consideration of the facts stated above, the mutual covenants and agreements set forth below, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the City, EDA and the YMCA, the parties hereby agree as follows: 1. Recitals Incomorated. The facts stated above are hereby incorporated into this Agreement and made a part of this Agreement by reference. ~ 2. Subordination of Sublease. The YMCA hereby agrees that its rights and interest in the Land and the Project as Tenant under the Sublease are and shall be junior and subordinate to the rights of the City as fee owner of the Land and Landlord under the Ground Lease, to the rights of EDA as Landlord under the Prime Lease, and to the rights of the Trustee under the Indenture, except as otherwise provided in this Agreement 3. Notices and Opportunitv to Cure. The City, as Landlord under the Ground Lease, and EDA, as Landlord under the Prime Lease, each hereby agrees to provide to the YMCA, in the manner provided for notices to be given to the YMCA pursuant to the Sublease, a copy of any and all notices of breach or default which are given pursuant to the Ground Lease or the Prime Lease, as the case may be, and notice of any Non-appropriation under the Prime Lease. The City hereby agrees that the YMCA shall have the right, but not the obligation, to cure any breach or default by EDA under the terms and conditions of the Ground Lease, and EDA hereby agrees that the YMCA shall have the right, but not the obligation, to cure any breach or default by the City under the terms and conditions of the Prime Lease, within the same period of time after such notice is given to the YMCA as is permitted to EDA as tenant under the Ground Lease or to the City as tenant under the Prime Lease, as the case may be. EDA agrees that, so long as the YMCA is not in breach or default under the Sublease, EDA promptly will pay and perform all of its obligations under the Ground Lease, and the City agrees that, so long as the YMCA is not in breach or default under the Sublease, the City promptly will pay and perform all of its obligations under the Prime Lease. .~ " \...J 667660/5 2 u r ) '--' u 4. Prime Lease Issues. Pursuant to the Prime Lease, the City has the right and option to purchase the Project from EDA, and the City also has the right and option to terminate the Prime Lease in the event of a "Non-appropriation" (as defined in the Prime Lease). In the event of a "Non-appropriation" or in the event that the City defaults under the Prime Lease such that EDA or the Trustee terminates the Prime Lease or terminates the City's right to possession of the Land and the Project pursuant to the Prime Lease, EDA, the Trustee and the YMCA shall have the following rights and obligations. (a) Initial Notice. In the event that the City has defaulted in the terms of the Prime Lease and EDA or the Trustee has terminated the Prime Lease or the City's rights to possession pursuant to the Prime Lease, or in the event of a "Non-appropriation," EDA or the Trustee shall give notice (the "Initial Notice") to the YMCA of such event, specifYing the effective date on which the Prime Lease or the City's possessory rights thereunder were terminated or the effective date of the Non-appropriation. (b) Affirmation of Sublease. EDA may elect, by notice to the YMCA (the "Affmnation Notice"), given not later than ninety (90) days after the date of the Initial Notice, to affirm the Sublease, in which event EDA and the YMCA shall be bound by all of the terms and conditions of the Sublease with the same effect as ifEDA had been the original Landlord under the Sublease, and the YMCA will acknowledge, recognize and attorn to EDA, which attornment automatically shall be effective immediately upon timely Affirmation Notice from EDA to the YMCA, without the necessity of the execution of any further document on the part of the City, EDA, the Trustee, the YMCA or any other party. However, upon the request of either EDA, the Trustee or the YMCA, the other agrees that it promptly will execute and deliver a writing confirming and setting forth the YMCA's attornment and the survival or revival of the Sublease. (c) Termination of Sublease. IfEDA does not timely give the Affirmation Notice, the YMCA shall be entitled, by notice (the "Termination Notice") to EDA given within thirty (30) days after the last day on which the Affirmation Notice could have been given, to terminate the Sublease as of a date (the "Termination Date") specified in the Termination Notice. The Termination Date shall be not later than twenty-four (24) months after the date of the Termination Notice. If the YMCA timely gives the Termination Notice, all rights and obligations of the YMCA pursuant to the Sublease shall cease as of the Termination Date. (d) Right of First Refusal to Purchase. If the YMCA does not timely give the Termination Notice'and the YMCA has continued to perform all of its obligations under the Sublease, the YMCA shall have the right (the "Purchase Right of First Refusal") to purchase the Land and the Project, as set forth in this Subsection (d). IfEDA receives a bona fide, binding written offer (the "Purchase Offer") to purchase the Land and the Project and EDA decides that it wishes to accept the Purchase Offer, EDA shall provide to the YMCA a true, correct and complete copy of the Purchase Offer, and the YMCA shall have the right, by notice (the "Purchase Notice") given to EDA within ninety (90) days after the YMCA's receipt of the Purchase Offer, to elect to purchase the Land and the Project on the terms and conditions set forth in the Purchase Offer. If the YMCA 667660/5 3 ~ ~ , '-) '-.J) o 66766015 timely gives the Purchase Notice, the YMCA shall be obligated to purchase the Land and the Project, and EDA shall be obligated to sell and convey the Land and the Project to the YMCA, on the terms and subject to the conditions set forth in the Purchase Offer. If the YMCA fails to timely give the Purchase Notice, EDA shall be entitled to sell and convey the Land and the Project on the terms set forth in the Purchase Offer; provided, however, that if the sale and purchase contemplated by the Purchase Offer is not consummated on the terms set forth in the Purchase Offer, the Purchase Right of First Refusal shall be revived. (e) Surviving Possessorv Rights. Ifno timely Affirmation Notice has been given, and if the YMCA has timely' given the Termination Notice or fails timely to give the Purchase Notice, and if the Land and the Project are thereafter conveyed pursuant to the Purchase Offer, the YMCA shall have the right to continue in possession of the Premises under the Sublease, upon paying and performing all of the obligations of the YMCA pursuant to the Sublease, for a period of two (2) years after the earlier of the Termination Date or the date of the YMCA's receipt of the Purchase Offer. (t) Right of First Refusal to Lease. If the YMCA does not timely give the Termination Notice, the YMCA has continued to perform all of its obligations under the Sublease and the Land and the Project have not been conveyed pursuant to a Purchase Offer, the YMCA shall have the right (the "Lease Right of First Refusal") to lease all or any portion of the portions of the Land and the Project that are not encompassed within the Premises under the Sublease (the "Available Space"), as set forth in this Subsection (t). IfEDA receives a bona fide, binding written offer (the "Lease Offer") to lease any or all of the Available Space and EDA decides that it wishes to accept the Lease Offer, EDA shall provide to the YMCA a true, correct and complete copy of the Lease Offer, and the YMCA shall have the right, by notice (the "Lease Notice") given to EDA within ninety (90) days after the YMCA's receipt of the Lease Offer, to elect to lease the Available Space, or the portion thereof specified in the Lease Offer, on the terms and conditions set forth in the Lease Offer. If the YMCA timely gives the Lease Notice, the YMCA shall be obligated to Lease the Available Space or portion thereof specified in the Lease Offer, and EDA shall be obligated to lease the same to the YMCA, on the terms and subject to the conditions set forth in the Lease Offer. If the YMCA fails to timely give the Lease Notice, EDA shall be entitled to lease the Available Space or portion thereof, as specified in the Lease Offer, on the terms set forth in the Lease Offer; provided, however, that if the lease contemplated by the Lease Offer is not consummated on the terms set forth in the Lease Offer, the Lease Right of First Refusal shall be revived as to the Available Space or portion thereof specified in the Lease Offer; provided, further, that the Lease Right of First Refusal as to any part of the Available Space that is not covered by a Lease Offer shall not be impaired or otherwise affected by the YMCA's failure timely to give a Lease Notice as to any other portion of the Available Space. (g) Base Rent Increase. Notwithstanding anything to the contrary contained in this Section 4, effective as of a Non-appropriation or the date on which the Prime Lease, or the City's possessory rights under the Prime Lease are terminated, Base Rent becoming due under the Sublease shall be limited to $650,000 per year, and the last 4 , , , ) : ) ~ , ') 'J sentence of Section 4. 1 (b) of the Sublease shall be amended accordingly if and when such event occurs. 5. Amendments; Conflicting Provisions. The City, EDA and the YMCA each hereby agrees with the others that it will not terminate, modifY or amend the Ground Lease, the Prime Lease or the Sublease without written notice to and, except in the case of a termination as a result of default or a Non-Appropriation, the consent of, the other parties to this Agreement and the Trustee. To the extent that any provision in this Agreement conflicts or appears to conflict with any provision in the Ground Lease, the Prime Lease or the Sublease, the provision in this Agreement shall control. 6. Notices. Any notices required or permitted to be given pursuant to this Agreement shall be given in the manner provided in this paragraph. Any notices given between the City and EDA shall be given in the manner provided in the Prime Lease. Any notices given to the YMCA, and any notice given by the YMCA to the City, shall be given in the manner provided in the Sublease. Any notice given by the YMCA to EDA shall be given in the manner provided in the Prime Lease. Any notice given to the Trustee shall be given in the manner provided in the Indenture. Any notice given to EDA by the City or the YMCA shall also be given to the Trustee so long as any of the Bonds remain outstanding. 7. Successors and Assigns. The benefits and obligations of the City, EDA and the YMCA pursuant to Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns including, without limitation the Trustee which succeeds to the rights of ED A as a result of default by EDA on the Bonds, or otherwise. Unless and until the Trustee succeeds to the rights of ED A, any decision, notice, election or exercise of any remedy by EDA pursuant to Section 4 of this Agreement shall require the written consent of the Trustee in order to be effective. If and when the Trustee succeeds to the rights of ED A under the Ground Lease, the Prime Lease and this Agreement, any such notice, election, exercise of remedy or any other action required or permitted to be given, made or taken by EDA shall be given, made or taken solely by the Trustee. IN WITNESS WHEREOF, the City, EDA and the YMCA have caused this Agreement to be duly executed as of the day and year first above written. CITY: YMCA: CITY OF ANDOVER, MINNESOTA THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF METROPOLITAN MINNEAPOLIS By: Its: Mayor And Its: Clerk By: Its: And Its: 667660/5 5 ,- \ "j EDA: ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER, MINNESOTA . By: Its: President And: Its: Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF ) ~_) The foregoing instrument was acknowledged before me this _ day of May, 2004, by and the Mayor and Clerk, respectively, of the City of Andover, Minnesota, a Minnesota municipal corporation and political subdivision, on behalf of the municipal corporation and political subdivision. / , , '---" Signature of Notary Public or Other Official STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of May, 2004, by and the President and Secretary, respectively, of the Economic Development Authority of the City of Andover, Minnesota, a public body corporate and politic, on behalf of the public body corporate and politic. Signature of Notary Public or Other Official 66766015 6 .~.~ r \ \_) , " <) STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of May, 2004, by ~d the ~d , respectively of The Young Men's Christi~ Association of Metropolitan Minneapolis, a Minnesota corporation, on behalf of the corporation. Signature of Notary Public or Other Official THIS INSTRUMENT WAS DRAFTED BY: MOSS & BARNETI (lL W) A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-4129 Telephone: (612) 347-0300 667660/5 7 ~~ / \ \.j / ' \.J EXHIBIT "A" The Land The following described real property situated in Anoka County, Minnesota: That part of the Northeast Quarter of the Southeast Quarter, Section 22, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast corner thereof, for the purposes of this description, said east line is assumed to bear North 0 degrees 42 minutes 30 seconds West; thence on a bearing of West a distance of 125.01 feet to the west right-of-way line of County Road No. 78 and to the point of beginning of the property being described; thence North 0 degrees 42 minutes 30 seconds West, along said west right-of-way line a distance of 41.34 feet; thence on a bearing of West a distance of 889.24 feet; thence South 0 degrees 21 minutes 31 seconds East a distance of 41.34 feet; thence on a bearing of East a distance of 29.86 feet; thence on a bearing of South a distance of 503.00 feet; thence on a bearing of West a distance of 17.47 feet; thence South 20 degrees 49 minutes 09 seconds East a distance of55.74 feet; thence on a bearing of East a distance of206.56 feet; thence easterly a distance of 109.76 feet along a tangential curve concave to the south, having a radius of 581.33 feet and a central angle of 10 degrees 49 minutes 06 seconds; thence easterly a distance of 95.26 feet along a reverse curve concave to the north having a radius of 168.67 feet and a central angle of 32 degrees 21 minutes 29 seconds; thence easterly a distance of 105.76 feet along a reverse curve concave to the south, having a radius of 281.33 feet and a central angle of 21 degrees 32 minutes 23 seconds; thence on a bearing of East, tangent to said curve, a distance of 145.11 feet; thence on a bearing of South a distance of 20.00 feet; thence on a bearing of East a distance of 117.34 feet; thence on a bearing of North a distance of 557.00 feet to the intersection with a line drawn on a bearing of West from the point of beginning; thence on a bearing of East a distance of82.29 feet to the point of beginning. TOGETHER WITH a perpetual, non-exclusive easement for surface water drainage purposes over and across the following-described seven (7) parcels ofIand, and a perpetual, non-exclusive easement for ponding purposes over Parcels 1,2,3,4 and 5 described below, all being part of the Northeast Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota: Parcell: Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast corner thereof, for the purposes of this description, said east line is assumed to bear North 0 degrees 42 minutes 30 seconds West; thence on a bearing of West a distance of 125.01 feet to the west right-of-way line of County Road No. 78; thence North 0 degrees 42 minutes 30 seconds West, along said 667660/5 8 , \. j '--" F '\ <J , " \._j west right-of-way line a distance of 41.34 feet; thence on a bearing of West a distance of 340.00 feet to the point of beginning of the parcel being described; thence continue on a bearing of West a distance of 317.57 feet; thence North 00 degrees 51 minutes 45 seconds West a distance of 70.74 feet; thence South 78 degrees 22 minutes 03 seconds East a distance of 136.34 feet; thence North 82 degrees 13 minutes 25 seconds East a distance of 176,03 feet; thence South 09 degrees 03 minutes 16 seconds East a distance of 67.91 feet to the point of beginning. Parcel 2: Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935,81 feet northerly of the southeast comer thereof; thence on a bearing of West a distance of 125.01 feet to the west right-of-way line of County Road No. 78; thence North 0 degrees 42 minutes 30 seconds West, along said west right-of-way line a distance of 41.34 feet; thence on a bearing of West a distance of687.16 feet to the point of beginning of the parcel being described; thence continue on a bearing of West a distance of 202.08 feet; thence North 41 degrees 03 minutes 37 seconds East, a distance of 85.54 feet; thence North 87 degrees 34 minutes 51 seconds East a distance of 131.23 feet; thence South 11 degrees 54 minutes 40 seconds East, a distance of 71.58 feet to the point of beginning. Parcel 2A: A strip of land 20.00 feet in width, the center line of which is a line drawn from a point on the west line ofthe above described Parcell, distant 32.81 feet north of the southwest corner thereof, to a point on the east line of the above described Parcel 2, distant 32.33 feet northerly of the southeast corner thereof. The side lines of said strip of land shall be lengthened or shortened to terminate on the west line of said Parcel I and on the east line of said Parcel 2. Parcel 3: . Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast corner thereof; thence on a bearing of West a distance of 125.01 feet to the west right-of-way line of County Road No. 78; thence North 0 degrees 42 minutes 30 seconds West, along said west right-of-way line a distance of 41.34 feet; thence on a bearing of West a distance of 889.24 feet; thence South 0 degrees 21 minutes 31 seconds East a distance of 41.34 feet; thence on a bearing of East a distance of 29.86 feet; thence on a bearing of South a distance of 503.00 feet; thence on a bearing of West a distance of 17.47 feet; thence South 20 degrees 49 minutes 09 seconds East a distance of55.74 feet; thence on a bearing of East a distance of206.56 feet; thence easterly a distance of 20.81 feet along a tangential curve concave to the south, having a radius of 581.33 feet and a central angle of 2 degrees 03 minutes 04 seconds to the point of beginning of the parcel being described; thence continue easterly a distance of 88.95 feet along said 581.33 foot radius curve, having a central angle of 8 667660/5 9 .f '\ '--' , '\ ,j , ') '~-' degrees 46 minutes 02 seconds; thence easterly a distance of 95.26 feet along a reverse curve concave to the north, having a radius of 168.67 feet and a central angle of 32 degrees 21 minutes 29 seconds; thence easterly a distance of 56.72 feet along a reverse curve concave to the south, having a radius of 281.33 feet and a central angle of II degrees 33 minutes 08 seconds; thence South 56 degrees 09 minutes 04 seconds West, not tangent to said curve, a distance of 106.50 feet; thence South 12 degrees 39 minutes 33 seconds West a distance of39.15 feet; thence South 78 degrees 51 minutes 48 seconds West a distance of 69.65 feet; thence South 2 degrees 46 minutes 04 seconds West a distance of 65.88 feet; thence South 89 degrees 02 minutes 54 seconds West a distance of 89.71 feet; thence North 12 degrees 42 minutes 35 seconds East a distance of 67.84 feet; thence North 4 degrees 02 minutes 39 seconds East a distance of98.13 feet to the point of beginning. Parcel 3A: Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast comer thereof; thence on a bearing of West a distance of 125.01 feet to the west right-of-way line of County Road No. 78; thence North 0 degrees 42 minutes 30 seconds West, along said west right-of-way line a distance of 41.34 feet; thence on a bearing of West a distance of 889.24 feet; thence South 0 degrees 21 minutes 31 seconds East a distance of 41.34 feet; thence on a bearing of East a distance of 29.86 feet; thence on a bearing of South a distance of 503.00 feet; thence on a bearing of West a distance of 17.47 feet; thence South 20 degrees 49 minutes 09 seconds East a distance of55.74 feet; thence on a bearing of East a distance of206.56 feet; thence easterly a distance of 109.76 feet along a tangential curve concave to the south, having a radius of 581.33 feet and a central angle of 10 degrees 49 minutes 06 seconds; thence easterly a distance of 95.26 feet along a reverse curve concave to the north, having a radius of 168.67 feet and a central angle of 32 degrees 21 minutes 29 seconds; thence easterly a distance of 69.98 feet along a reverse curve concave to the south, having a radius of 281.33 feet and a central angle of 14 degrees 15 minutes 09 seconds to the point of beginning of the parcel being described; thence continue easterly a distance of 35.78 feet along said 281.33 foot radius curve, having a central angle of 7 degrees 17 minutes 14 seconds; thence on a bearing of East, tangent to said curve, a distance of 145.11 feet; thence on a bearing of South, a distance of 16.28 feet; thence North 85 degrees 34 minutes 11 seconds West a distance of 181.34 feet to the point of beginning. Parcel 4: Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast comer thereof; thence on a bearing of West a distance of 207.30 feet; thence on a bearing of South a distance of 557.00 feet to the point of beginning of the parcel being described; thence on a bearing of West a distance of 73.37 feet; thence South 7 degrees 32 minutes 48 seconds West a distance of 176.86 feet; thence South 00 degrees 52 minutes 41 seconds East a distance of 90.99 feet; 667660/5 10 '0 o () Parcel 5: 667660/5 thence South 88 degrees 57 minutes 56 seconds East a distance of 154.46 feet; thence North 00 degrees 39 minutes 27 seconds West a distance of269.12 feet to the intersection with a line drawn on a bearing of East from the point of beginning; thence on a bearing of West a distance of56.15 feet to the point of beginning. Commencing at a point on the east line of said Northeast Quarter of the Southeast Quarter, distant 935.81 feet northerly of the southeast corner thereof; thence on a bearing of West a distance of 143.23 feet to the point of beginning of the parcel being described; thence continue on a bearing of West a distance of 64.07 feet; thence on a bearing of South a distance of 557.00 feet; thence on a bearing of East a distance of 64.07 feet; thence on a bearing of North a distance of 557.00 feet to the point of beginning. 11 CITY OF NDOVE B , '\ ,) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: President and EDA Members ~ Jim Dickinson, Executive Director ~ Will Neumeister, Community Development Director ~ CC: FROM: SUBJECT: Review Request from TCFfRyan Construction for Bank Use of Lot and Lot Split - Planning DATE: May 25, 2004 INTRODUCTION o The request before the EDA is whether the lot at the southwest corner of Martin Street and Bunker Lake Boulevard could be allowed to be used for a TCF Bank with an attached retaiVrestaurant space. Initially they indicated that they would like to split the 1.75 acre parcel for two separate sites. They have determined that they will develop a site plan that eliminates the need for the lot split. Essentially, additional tenant space is added to the TCF building to better utilize the available land area. A drawing is being prepared that shows this concept, with a shared wall, and shared parking. The drawing will be distributed at the meeting. DISCUSSION The Andover Station Design Standards do not preclude the use of the property for a financial institution. The developer, Ryan Companies, has provided information related to the attempts that they have made to market the site for a sit-down restaurant. They indicate that they would like to accommodate the desire of the EDA for a site-down restaurant, but the reality is that the market will not support it. The EDA has been requested to review the plans to determine whether the building would be consistent with the design standards and the vision the EDA has for the area. Ryan has a Letter of Intent executed with TCF Bank, and Ryan and TCF would like to appear before the Andover EDA to discuss this use of the property. Tom Palmquist, Ryan Companies, will be available at the EDA meeting to address this matter with the EDA. ACTION REOUESTED The EDA is requested to review the information and request from the developer. Respectfully submitted, tv&.- Will Neumeister / \ V Attachments Andover Station Design Standards (section 1.12 Allowed Uses) E-mail Letter from Welsch Companies List of restaurants that have been approached ,--) ,) :) 1. "Lot" shall mean a portion of the Property identified as a lot on a subdivision plat prepared in cordance with Minnesota Statutes, Chapter 505, and filed for recording in the Anoka County order's Office. 1.()6 parcel. shall mean any Person, other than an owner, in possession of a lot or 1.()7 "Owner" shall me the recorded owner of a lot or parcel, whether one or more persons, but excluding contract for d vendors, mortgagees and other secured parties. The term "Owner" includes, without limitation, ontract for deed vendees and holders of a life estate. 1.08 "Parcel" shall mean a tract 0 d separately de'scribed and identified as a "Parcel" within the Property. The conditions and re 'ctions in these Design Standards which apply to each lot shall also apply to each parcel. 1.09 "Person" shall mean a natural individual, corpor . on, limited liability company, partnership, trustee, or other legal entity capable of holding title to re Property. 1.10 "Property" shall mean all of the real Property submitte 0 the provisions of these Design Standards, including all improvements located on the real Prope now or in the future. TEeProperty as of the date of the adoption of the Design Standards is leg y described on Exhibit A. 1.11 "Street" shall mean a portion of the Property dedicated to the public and sh as a street orintemal drive on a subdivision plat prepared in accordance with Minnesota Statue Chapter 505 and filed for recording in the Anoka County Recorder's Office. 1.12 "Permitted Uses" shall mean the permitted uses of the Property be limited to community commercial, office, entertainment, office warehouse and residential as defined below. The uses shall be limited to those as defined herein. If there is a question as to whether or not a use meets the definition, the Economic Development Authority shall make that interpretation. Permitted uses shall be allowed only in the areas specified on Exhibit B for which they are specified below. The Block and Lot designations in final plats approved for phases of development may differ from those specified below. However, the permitted uses shall continue to be those specified below for the Lots identified on Exhibit B. Community Commercial Establishments engaged in commercial operations including retail trade and services and hospitality industries. Areas designated as Community Commercial are shown on Exhibit B. Preferred uses shall include, but are not limited to, the following: Andover Station Design Standards December 18, 2001 - 2 - , , o . Apparel and Clothing · Book Store · Food and Grocery Stores · Leather Goods · Photography Studio · Sporting Goods Permitted uses shall include the following: , " \..J . Antiques . Bakeries · Carpets & Rugs · China & Glassware . Department Stores . Furniture . Hobby Shops . Interior Decorating . Locksmith Shop · Office Supply & Equipment · Phannaceutical . Tailoring . Toys · Video Store Rental & Sales · Barber and Beauty Shop . Florist . Jewelry Store · Music Store . Optometrist . Bicycles . Candy . Catering Establishments · Clothing & Costume Rental · Electrical Sales & Repair . Gifts · Household Appliances · Laundry & Dry Cleaning Pickup . Luggage -. Paint & Wallpaper Sales . Restaurants . Tobacco . Variety Stores · Liquor Store Sales - Off-Sale Office Establishments engaged in strictly office operations not requiring loading or warehousing facilities. Areas designated for Office uses are shown on Exhibit B. The following are permitted uses: · Scientific and Technology Industries · Office and Administrative Facilities ) . Financial Institutions · Conference Centers · Health and Dental Care Facilities · Hotels and Motels . Day Care Facilities . Veterinary Hospital Office\Warehouse Establishments engaged in operations reqwnng both office and warehousing facilities. Office space shall constitute at least 20% of floor area. There shall be minimal impact upon the surrounding environment by noise, vibration smoke, ~) Andover Station Design Standards December] 8, 200] - 3 - ". , \ \.J \ , ) o dust or pollutants. Areas designated as Office\Warehouse are shown on Exhibit B. The following are permitted uses: · Indoor limited retail sales accessory to office\manufacturing uses · Scientific and Technology Industries · Indoor Showroom · Office and Administrative Facilities Entertainment Areas designated as Entertainment are shown on Exhibit B. The following are permitted uses: . Theatres · Restaurants (with or without on sale liquor) · Health Club · Private Clubs, Lodges, Halls or Convention Centers · Indoor Commercial Recreation Residential Areas designated as residential are shown on Exhibit B. 1.13 "Excluded Uses" within the Property: · Contractors Yards · Lwnber Yards . Home Improvement\Building Supply · Garden\Landscape Center · Auto Related industries including sales and repair · Used Material Yard . Exterior SfoFage and sales · Manufacture, storage or sale of explosives or similar dangerous products · Trucking Terminal · "Adult Uses" as regulated by city ordinances shall mean the following uses and activities are prohibited SECTION 2 PROJECT DESIGN STANDARDS Development Theme The purpose of the Andover Station development is to provide for the orderly and integrated development of a high quality Commercial Center that includes a mix of shops, offices, entertainment, housing, recreation, community facilities, and open space. The Andover Station intends to offer citizens a place to enjoy an active street life, community activities, and a neighborhood retail experience. Andover Station Design Standards December 18, 2001 -4 - ~) o Andover Marketplace - Originals Couriered 5-20-2004 Page I ofl Will Neumeister 1 'J From: Tom Palmquist [Tom.Palmquist@RyanCompanies.com) Sent: Thursday, May 20, 2004 11 :33 AM To: Will Neumeister Subject: FW: Andover Marketplace - Originals Couriered 5-20-2004 Dear Tom: Attached is a list of restaurant prospects who were contacted to ascertain their interest in the 1.75 acre parcel located at Block I, Lot 2, Andover Marketplace in Andover Minnesota. We understand the City of Andover's preference for a restaurant on this site, but unfortunately the market is not producing a viable restaurant user as a result of our marketing efforts since last August, 2003. The reasons for lack of interest in the site range most predominately from a particular concept not expanding in the Twin Cities' market; the Andover market not meeting a restaurant's specific requirements in terms of demographics, daytime traffic and density; to the site being too large for a particular restaurant's specific prototype. Welsh Companies specializes in finding viable users for both land opportunities and existing buildings. We have assisted not only Ryan Companies is procuring restaurant users for other outlot opportunities in the market, but other developers as well. Our job is make sure a site is presented to as many viable users as possible to let them know about the opportunity as they consider their expansion plans in a particular market. Although the attached list does not include every single restaurant use currently in business in the Twin Cities' market, it is a very comprehensive category of active and viable restaurants not only locally, but regionally and nationally as well. We believe the lack of interest in the site indicates a low feasibility offuture restaurants for the site; or at least a significantly long holding period until the right candidate surfaces. We hope this provides the information you requested. If you have questions or would like additional information, please feel free to contact us. Sincerely, Terese Reiling Vice President Welsh Companies LLC Christopher Simmons Senior Vice President Welsh Companies LLC -5'- 5/20/2004 Company American Dairy Queen Corp. , American Restaurant Group, Inc, '-"'128 Cafe Applebee's Arby's Inc. (RTM Restaurant Group) 13 Moons Angeno's Pizza Arezzo Restaurant Atlanta Bread Company Bonfire Grill Aveda Corporation Awada's Grille Awada's on Plato Axel's River Grille Bahama Breeze Baker's Square Bennigan's Big Bowl Fresh Asian Cooking Burger King Corporation Bear Rock Cafe Chevy's Mexican Restaurant Bellisio's Biaggi's Ristorante Davanni's Dixie's Bar & Smokehouse Grill Famous Dave's (c/o FOREMARK) "Birchwood Cafe '- ../Blackwoods Bar & Grill Bobino/Mojito's Great Wall Buffet Green Mill Pizza Broadway Pizza Buca di Beppo Buffalo Wild Wings Buona Sera Cafe Biaggio Cafe Latte Cafe Marimar Cafe Tempo California Cafe Bar and Grill California Pizza Kitchen Canyon Grille Captiva Restaurant Group (Redstone Grill) Carbone's Pizza Casper's Cherokee Sirloin Room Panera Bread/St. Louis Bread Company Rock Bottom Restaurants, Inc, Ruby Tuesday's, Inc, Champps Charley's Steakery Christos r , , )Yum! Brands, Inc,lCorp, KFC) - - Cracker Barrell D'Amico and Son's Damons Int'l Denny's Contact Jim Goeppner Ken Mucha Natalie Obee Steve Canada Dan James Brian and Roxy Herman John Mooney Dwight Bonewell Ed McRae Charlie Burrows Kathi Palmer Kris Awada Walter Awada Charlie Burrows Bob Hartmann Elizabeth Angel Den Way Lisa Warren Charan J, Jackson Gary Bryant Bill Beard Ron Aderson Dick Grones Roger Schelper Joe Maun Doug Alcott Tracy Singleton Bryan Flaherty Chris Paddock Yong Chris Bangs Mike Shraulh Michelle Armstrong Dan Walsh Wayne Cullinan Shari Breed Peter Quinn Mary Cashman Ted Dewson Pat Bohm Tom Jenneman Rod Dodds Craig Oberlander Tom Carbone Rick Casper Jim Rand Ted Williams Guerrino A. Ruta, Jr. Craig Oberlander Ted Chang Gus Parpas Anita Behrens Les Taylor Richard D'Amico Ed Williams Jeffrey Wong -(;- Comments Passed - site too large for concept. Passed - no interest in market. No new expansion at this time, Too close to Coon Rapids, Demos too light. Passed - no sites at this time, Passed - site too large for concept. No new expansion at this time, No franchisee's for market. Passed - other sites under way. Passed, Passed - no interest at this time, Passed - no interest at this time. Passed - other sites under way, No expansion in area at this time. Demos too light. Franchise out of money, Not typical market for concept. Site too large for concept. No interest at this time, Not expanding currently, Not expanding currently, Not typical market for concept. Site too large for concept. No expansion in area at this time, Just did Coon Rapids this year. No interest in expanding at this time, No interest in expanding at this time. No interest in this market. No interest in Andover market. Too close to Coon Rapids. Currently working on another project. Not expanding currently. Site too large for concept. No interest in expanding at this time, No interest in expanding at this time. No interest in expanding at this time, No interest in expanding at this time. No interest in expanding at this time, Not typical market for concept. Not typical market for concept. No interest in expanding at this time. Doing regional mall restaurants, Site too large for concept. No interest in expanding at this time, Passed on site, No expansion in area at this time, Demos too light. Too green of a trade area, No interest in Twin Cities' market. Not in expansion mode, Demos too light. Not in expansion mode. No interest in suburban locations. Passed on market. Passed on market. Don Pablo's Doolittles Air Cafe Downtowner Woodfire Grill , 'Edina GrilVHighland Grill \....-Giorgio's Restaurant Grandma's Restaurant Houlihan's Restaurant Group Hops Grill and Bar IHOP Innovative Restaurant Concepts, Inc. J. Cousineau's Joes Crab Shack Johnny Carino's Country Italian Keys Restaurant La Belle Vie La Bodega Restaurant and Lounge La Fougasse Restaurant Landry's Seafood Restaurants Lettuce Entertain You Loon Cafe Longhorn Steakhouse Lucia's Mansetti's Market BBQ McCormick & Schmick Seafood Restaurant Modern Cafe New Capitol Cafe Noodles & Company 'Old Chicago \. -,,'Olive Garden Original Pancake House Outback Steakhouse PF Changs Pane Vino Dolce Parasole Perkins Pickled Parrot PrimalThree Fish Punch Pizza Rainforest Cafe Red Lobster Red Robin Restaurants Unlimited (Kincaids, Palomino) Salt Grass Steakhouse Romano's Macaroni Grill Seed Restaurant Group Shells Seafood Restaurants Sidney's Restaurant Group Timberlodge Steakhouse Pizzeria Uno Zelo , '- Company . ~ Boulder Properties Inc. Braman & Associates Cambridge Commercial Realty Cambridge Commercial Realty Mike Orlander John Sheehan Moe Sharis Dave Burley Giorgio Andy Borg David Rockaway Dan Parz Bill DuBois Bill Schrader Misty Zapp Karl Chaeney Christopher Burton Gene Hunn Tim McKee Maurilio Purpural Lindell Mendoza Karl Cheaney Jay Steieber Mike Andrews Patrick Eulberg Lucia Watson Troy Smith Steven Polski William McCormick Jim Grell Cass Gilbert Mark Braun Liz Parker Bob Hartmann Eleanor Highet Henry Harris John Middleton David Hahne Peter Milhajlov Bruce Newton John White Elliot King John Pucket Stephen Cohen Bob Hartmann Todd Brighton Rick Giboney Mike Dimond Hank Janik Tom Lally Warren Nelson Ken Plunket Bill Boger Ron Busch Rick Webb Broker Mailing List Contact George S, Daniels Tom Braman Tom Commerford Richard Grones -7- In Bankruptcy, No expansion in area at this time. Not currently expanding, Not currently expanding, Not currently expanding. Not currently expanding, Corporation is bankruptcy, Not currently expanding, Site too large for concept. Not currently expanding, Not currently expanding. Not regional enough location, No interest in opportunity, Site too large. No interest in expanding at this time. Working on another opportunity. No interest in expanding at this time, Passed on market territory, Passed - prefers regional markets. No expansion in area at this time. No expansion in area at this time, Not currently expanding, Not currently expanding, Not currently expanding, Market doesn't fit prototype. No expansion in area at this time. Market doesn't fit prototype. Site too large Daytime population not high enough. Demos too light. Expansion on in urban markets. No further expansion in market. Site doesn't fit requirements. No expansion in area at this time, No expansion in area at this time. No franchise for area, No expansion in area at this time. Looking in SW quadrant only. Site too larger for format. Site doesn't fit requirements, Not expanding currently, No Twin Cities' expansion currently, Site doesn't fit requirements. Site doesn't fit requirements, Site doesn't fit requirements. Site doesn't fit requirements, No expansion in area at this time. No expansion in area at this time, No expansion in area at this time. No expansion in area at this time, Not currently expanding. Comments Cambridge Commercial Realty Cambridge Commercial Realty Cardinal Development Corporation - CB Richard Ellis \ __ CB Richard Ellis CB Richard Ellis CB Richard Ellis Coldwell Banker Commercial Garfield Clark Colliers Towle Turley Martin Tucker Colliers Towle Turley Martin Tucker Commercial Real Estate Services Commercial Real Estate Services Grey Solon Realty, Inc, Griffin Companies Griffin Companies Hillcrest Development Inco Properties JB Realty Company Jim Grobe & Associates Kraus-Anderson Companies Land For Sale, Inc. Lanmark Real Estate Services Lanmark Real Estate Services Leonard Associates Madison Marquette Madison Marquette Realty Services Madison Marquette Realty Services Meridian Real Estate Group, LLC 'New City Commercial \. ,/Northco Real Estate Services Park Midwest Commercial Real Estate Park Midwest Commercial Real Estate Park Midwest Commercial Real Estate Paster Enterprises Premier Real Estate Group Results Real Estate Richard F. Annoni & Associates Richard F. Annoni & Associates SCHAFERICHARDSON INC. Security Development Company, Inc, Security Development Company, Inc. Semper Holdings Semper Holdings Sharon K, Emmons Associates Smith & Associates Staubach Suntide Realty Services, Inc. Suntide Realty Services, Inc, Suntide Realty Services, Inc. The Beard Group, Inc, United Properties United Properties '. United Properties I. . United Properties , - United Properties Upland Real Estate Group, Inc. Upland Real Estate Group, Inc, W, K Smith & Associates, Inc. Walsh Partners Wellington Management Roger Lenahan John J, Wiesner Jim Dimond Tim Bloom Peter Dugan David Kirkland Andy McConville Garfield Clark Andrea Christenson Jim Rock Susan Smith Terry R. Smith Harry E, Podgorski Bob Dunbar Linda Zelm Scott Tankenoff Jean Murdock Bill Rosenbloom Jim Grobe Paul Sevenek Laurie E. Karnes Jake Dahl Mark Dickson Ken Leonard Russ McGinty Jim Larson Tedd Schuster Lonnie R. Pierce John Nelson Julie Yeazle George Bestrom Jamie Cohen Doug Sailor Howard Paster Susan Matzke Anna Murray Richard Annoni Pam Stovern Brad Schafer Dewey Johnson Bruce E. Lundgren Howard Bergerud Craig Christensen Sharon K. Emmons Wendell Smith Matthew Friday Stephen C. Dombrovski Michael J. Finkelstein Tim Igo Bill Beard Kim Meyer Stefanie Meyer Tricia Pitchford Ned Rukavina Mike Scott Michael Houge Keith Sturm Wendell Smith Andy Radatz - 8'- Steve Wellington o ~J ~) CITY OF NDOVE 1685 CROSSTOWN BOULEVARO N.W, . ANOOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANOOVER.MN.US TO: EDA President and Board Memb~ Jim Dickinson, Executive Director~ Will Neumeister, Community Development Directortt/L CC: FROM: SUBJECT: Discuss Andover Station North RFP Project Proposals - Planning DATE: May 25, 2004 INTRODUCTION April 19, 2004 the EDA heard the "Request For Proposals" (RFP) for Andover Station North from five developers. EDA members at that meeting indicated they needed more time to review the proposals that were submitted and make a recommendation on which developer they are interested in selling the property to. DISCUSSION The information that was presented the evening of April 19th will be reviewed once again. EDA Commissioners will need to bring the previously distributed information to the meeting. As a refresher, the developers that submitted proposals included the following: United Properties & Meridian Land Co.; Town and Country Homes; Bruggeman Homes; Ryland Homes; Positive Development, Inc. Meridian Land Company has submitted a letter clarifying their position regarding assisted living andlor senior housing (attached). ACTION REOUESTED The EDA is asked to review the previous materials from April 19, 2004, and discuss whether there is support for selecting a developer to begin negotiations on land sales at Andover Station North. Once a decision is made, the developers will be contacted to begin negotiations. Respectfully submitted, cYL Will Neumeister Attachment Letter from Meridian Land Company @ ( o o o MERIDIAN LAND COMPANY LLC 646 East River Road Anoka, MN 55303 Merldlanlandcompany.com (763) 323-0820 (763) 323-9105IFax) Residential Develooment Soecialists for Professional Builders April 26, 2004 Mr. Will Neumeister Community Development Director City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Re: Response to questions on Andover Station Proposal Dear Mr. Neumeister: Last week the City allowed United Properties & Meridian Land Company to clarify and present a proposal for Commercial uses and Residential development. Thank you for the invitation. We described how we were planning to have Town & Country Homes of Minnesota build the larger buildings for row and back to back products, Hanson Builders, Inc for the southerly detached home sites and that Common Bond Communities had expressed initial interest in an assisted living structure. At the meeting a fair amount of discussion centered on what type of project Common Bond would be able to build. I stated that their approach was to provide what the City believed was a need, but that they usually built when welcomed into the community. It appeared that several of the EDA members had reservations about whether a need was currently in Andover. Given that the design team's goal is to create a workable and successful project sooner than later, and that there is some concern that assisting seniors to live in Andover is not yet desired, we wish to remove any continued perceptions that our proposal must have this component in order to proceed forward. We have merely confirmed that the site location lends itself to several potential land uses, one of which could be senior housing. Should the City Decision Makers believe that a specific senior housing site be part of the project in the future we would attempt to incorporate it into the plans. Absent a high density per acre housing user such as Common Bond, we would propose it to be medium density housing, expanding the neighborhoods of the preferred medium density homebuilder selected by the City. We would be happy to respond to any other questions staff or the EDA has about our residential design. Sincerely, Donald Jensen President, Meridian Land Co. Cc: Keith UIstad - UP Doug Mayo - Common Bond / '\ '-..I \J o (Q CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Andover Economic Development AuthOri~ Jim Dickinson, Interim City Administrator Will Neumeister, Community Development . ector Ct&-1-- FROM: Jon Sevald, Planning Intem::)0 TO: CC: SUBJECT: Consider Andover Bowling Center at Andover Station- Planning DATE: May 25, 2004 INTRODUCTION Dan Dahlin, an Andover resident has proposed to construct a bowling alley in Andover Station, adjacent to Tanner's Steakhouse, The EDA is asked to review the proposal for conformance with the Andover Station Design Guidelines and comment on the project. DISCUSSION A bowling alley classified as "Indoor Commercial Recreation" is a permitted use under the Design Guidelines. The preliminary design of the bowling alley shows a 35,000 sq ft building with 24 lanes, a game room, arcade, bar, lounge and snack area with seating for 240 customers. The bowling alley will be located on the south side of Tanner's Steakhouse, where a sit-down restaurant was originally planned. The Andover Review Committee has reviewed the plan and is in favor of the development. Attached are architectural plans for the bowling alley. In order to move forward with the project, the applicant will need approval of the Andover Station Association, complete the commercial site plan process, and obtain a conditional use permit for alcohol sales. ACTION REOUESTED The EDA is requested to review and comment on the proposed bowling alley. Attachments Letter from the applicant Architectural plans Respectfully submitted, aon0~ Jon Sevald CC: Daniel Dahlin, 16825 Ward Lake Drive, Andover, MN 55304 Mike Quigley, 1875 Station Parkway, Andover, MN 55304 Daniel Dahlin u April 19, 2004 16825 Ward lake Drive Andover, MN 55304 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Sir or Madam: I would like to bring a Family Entertainment Center to the Andover community. The proposed site that I am looking at is in the Andover Station Complex next to the Cinema. The center would include 24 bowling lanes as the core of the business, with a full service bar, restaurant, arcade and billiards area complimenting the bowling lanes. I believe that the businesses would compliment each other very well and give area residents and their children a healthy entertainment altemative. Bowling is one of America's most popular participation sports and is enjoyed by millions of people each year. Bowling is a life long sport that any age family member can enjoy, and is an activity that encourages people to socialize. Andover, with the addition of the High School and many homes, could benefit in having a local bowling C) center at their disposal. s;nc.e,,~ C) f---J , ." L1 )> ~ ~ I\J ~ -i UJ NEW FACILITY for ANDOVER BOWLING CENTER MOOVER, MI'<<:SOTA u , '-- Ig <> -l I m r m <> l~ < <> )> -l -l 0 Z m <> r m < <> )> -l 0 <> z <> <> <> <> <> <> <> .<> <> <> EO .. 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PRELIM NARY NOT FOR CONSTRUCTION 5/4/2004 A Mf..~/!g,lJ!'.6914 ~ o.-;:,'~ ;:;;, ...~, 02550.5.521 llEWICN!l:5-0.3-2004 C) \ \. ~j - "- (.._..... ~ CD 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 Membe~ Jim Dickinson, Executive Director :!!:s" Will Neumeister, Community Development Directord- CC: FROM: SUBJECT: Update - TIF District No. 1-4-- Planning DATE: May 25, 2004 INlRODUCTION The City staff in conjunction with EWers Associates, have been working on preparing the paperwork to establish TIF District No. 1-4 and make modifications to Development District No.1. A public hearing has been scheduled for the City Council meeting ofJune 1,2004. DISCUSSION Anoka County has scheduled Jim Dickinson and myselfto attend the County Board meeting on the morning of May 25th to present general information regarding the potential Development District modifications and the potential establishment of the new TIF District No.I-4. EWers Associates is currently working on completing the necessary paperwork to bring this forward for action. Inspections have been done on three structures in the proposed district to determine whether the proposed parcels will qualifY for Tax Increment Financing. ACTION REOUESTED No action is needed. This item was only an informational update. Respectfully submitted, (~ Will Neumeister Attachment Map of Development District No.1 and TIF District No. 1-4 , , \ ) ~ tL ~~ j-- \ " ..' .' \ \. - \.l ~ ~ - o .......... ./ / I' ( )1 !i! ~ z ~~ d" ~ = . TI: ~NDbVE~ Tax Increment Financing District No.1.4 Development District No.1 City of And over Anoka County, Minnesota < ""'IfVE, 4:! ft Wi ~ U In :: ~n ~' .. TIF District No. 1-4 JJy ~ ttt_~1 f!: I-. = J-~ ,I. fJ. i: m II i#fuI Development 11~:&tPI District No.1 (J,,"~ ~- \ r----- , ' , ' , 1_____ II" " . " .,.... ....... ....... . ........ . ....... . ........ . . ... . . . . . ........ . . . . . . . . . ........ . .. ........ ........ . ....... . ........ . .'. .'..... . . . . . . . . . ....... . ........ . . . . . . . . . ........ . . . . . . . . . ........ . _IL Development District NO.1 181STAVE L.l I - Lc = ..... -.;~ ~ ~~ / ;;:: Vl iii: ~~~ - ~~ . .~. . Tax Increment Financing District No. 1-4 (Subject Site)