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HomeMy WebLinkAbout1973-180 CCR Member Maurice Britts introduced the following resolution and moved its adoption: RESOLUTION NO 73 -180 RESOLUTION ESTABLISHING AND ORDERING CONSTRUCTION OF STORM SEWER CORRECTIVE SITE IMPROVEMENT PROJECT NO. 1973 -38, AND AUTHORIZING DISBURSEMENT OF MONIES RECEIVED FROM SETTLEMENT OF THE BROOKDALE GARDENS LAWSUIT WHEREAS, the City of Brooklyn Center approved site and building plans for the Brookdale Gardens apartment complex owned by Siegel Goldman on August 8, 1966; and WHEREAS, the said owners executed a performance agreement with the City of Brooklyn Center, agreeing to construct the said site in accordance with plans approved by the City of Brooklyn Center; and WHEREAS, the said owners posted a bond in the amount of $25,000.00 to guarantee performance of said agreement; and WHEREAS, the storm water drainage system for said site was not completed in accordance with said approved plans; and WHEREAS, the City of Brooklyn Center initiated foreclosure proceedings against the said bond to enforce the obligation of said performance agreement; and WHEREAS, the Hennepin County District Court ruled in favor of the City of Brooklyn Center's said foreclosure proceedings; and WHEREAS, the City of Brooklyn Center has received from the said owners, in accordance with a stipulated settlement of the law- suit, the sum of $25,000.00, which has been deposited in an escrow account in the City's Investment Trust Fund; and WHEREAS, the said Court stipulated that of the $25,000.00 awarded to the City of Brooklyn Center to establish a storm water run -off and storm sewer system upon said site, substantially in accordance with the testimony of William E. Jensen, P. E., of Suburban Engineering, Inc., $5,132.96 be deducted to reimburse the City for attorney's fees, consulting engineering fees, expert witness fees, and Court depositions; and WHEREAS, the City Treasurer for the City of Brooklyn Center has made the following payments from the General Fund: RESOLUTION NO. 73 -180 1. Attorney's fees: $2,664.96 2. Verification of site data, analysis of storm drainage problem, and preparation of feasibility study by William E. Jensen: 2,000.00 3. Expert witness fees for trial testimony: 440.00 4. Depositions: 28.00 Total Amount: $5,132.96 and WHEREAS, the said Court further stipulated that the said corrective storm sewer work be completed and supervised by Suburban Engineering, Inc., and be designed to be completed at a cost not to exceed $19,867.04; and WHEREAS, the said Court further stipulated that the said owners agree to cooperate fully with the City on all requests made in furtherance of the work, including the granting of con- struction easements where required; and WHEREAS, the establishing of an optimum storm water run- off and storm sewer system upon said site in accordance with the testimony of William E. Jensen, P. E., of Suburban Engineering, Inc., is estimated to cost $25,650.00; and WHEREAS, it is recognized by the City Council of the City of Brooklyn Center that a modification of design is necessary to construct the corrective storm sewer system for said site with the above financial limitations; and WHEREAS, in order to carry out the stipulation of said Court, the City Council deems it necessary to initiate and order construction of Storm Sewer Corrective Site Improvement Project No. 1973 -38; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that it is hereby determined that it is necessary and for the best interests of the City that Storm Sewer Corrective Site Improvement Project No. 1973 -38 shall be constructed, described as follows: RESOLUTION NO. 73 -180 1973 -38 Storm Sewer Corrective Site Improvement Corrective storm sewer, site grading, parking lot work, and related engineering fees for the Brookdale Gardens bond foreclosure, as directed by Court action (southerly of 53rd Avenue North between T.H. 152 and Drew Avenue North). The estimated cost of $19,867.04 is to be financed by the monies received in accordance with the Court stipulation. BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized as follows: 1. To transfer $5,132.96 from the said Investment Trust Fund Escrow Account to the General Fund for reimburse- ment of previously paid expenses relative to the Brookdale Gardens bond foreclosure. 2. To disburse funds from the said Investment Trust Fund Escrow Account to pay the costs of Storm Sewer Corrective Site Improvement Project No. 1973 -38 as they occur, not to exceed $19,867.04. NovPmh 5, Date Mayo Pro T� ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: john Leary, Maurice Britts Bill Fignar and Tony Kuefler; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.