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HomeMy WebLinkAbout2001-011 EDAR1 1 1 Commissioner Kay Lasman moved its adoption: EDA RESOLUTION NO. 2001 -11 introduced the following resolution and RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (the "EDA a body corporate and politic organized and existing under the laws of the State of Minnesota, has the power to engage in development and redevelopment activities pursuant to Minnesota Statutes 469.090 to 469.018 and related statutes. WHEREAS, there has been duly adopted and is now in legal effect a Modified Redevelopment Plan for Housing Development and Redevelopment Project No. 1, which was initially adopted by the Brooklyn Center Housing and Redevelopment Authority and the Brooklyn Center City Council on July 22, 1985, which initial plan has been subsequently modified and amended by various resolutions. WHEREAS, the EDA has negotiated a Development Agreement made as of May 1, 2001, by and between the EDA, Bri -Mar Company, Inc., a Minnesota corporation (the "Developer Tri- Fortune Properties, Inc., a Minnesota corporation "Tri- Fortune and County of Hennepin, a body politic and corporate organized and existing under the laws of the State of Minnesota (the "County WHEREAS, the County and the City of Brooklyn Center (the "City have previously agreed to bring about the complete reconstruction of County State Aid Highway 152 (also known as Brooklyn Boulevard) between 64 Avenue North and 71 Avenue North, also known as County Project No. 9322 (the `Boulevard Reconstruction Project for which the County has previously prepared plans and specifications and has acquired certain properties in connection with the Boulevard Reconstruction Project. WHEREAS, the Developer is the owner of a certain parcel of improved property used, in part, for a new car dealership located in the City, which parcel has frontage on Brooklyn Boulevard and lies adjacent to certain parcels of excess right -of -way acquired by the County in connection with the Boulevard Reconstruction Project (the "Dodge Dealership Property WHEREAS, the Dodge Dealership Property lies adjacent to two separate parcels of excess right -of -way owned by the County and a third parcel owned by a third party, which three parcels all have frontage on Brooklyn Boulevard (defined in the Development Agreement as the "Development Property WHEREAS, the parcel of real property owned by a third party is owned by Cook Properties Bloomington/Brooklyn Center, LLC, a Minnesota limited liability company, which has used the property as an automotive repair facility; WHEREAS, in order for the Project contemplated by the Development Agreement to proceed, it will be necessary to combine the parcels of excess right -of -way with the property owned by Cook Properties Bloomington/Brooklyn Center, LLC, and for the existing structure on the parcel to be demolished and for all existing improvements thereon to be RESOLUTION NO. 2001 -11 removed, raising concerns regarding whether various hazardous substances, pollutants, or contaminants may be present in either the soils or the existing structure. WHEREAS, Tri- Fortune is the owner of a certain parcel of improved property used, in part, for a new car dealership located in the City, which parcel has frontage on Brooklyn Boulevard, over which the County acquired certain easements and which property lies adjacent to property owned by the Developer. WHEREAS, the various properties referenced above, lie in an area marked by obsolescence, faulty arrangement or design, obsolete layout, and other deficiencies which negatively impact upon adjacent property values and prevent the full development and tax capacity of the immediate area. WHEREAS, as set forth in the Development Agreement, the area under consideration also requires changes in ingress and egress to Brooklyn Boulevard from the affected properties. WHEREAS, the Developer desires to construct improvements to its facilities by replacing certain existing structures and to improve and restore its facilities. WHEREAS, in the Development Agreement, the EDA will undertake to assist the Developer with the acquisition of certain property in order to construct the Project and the Developer is willing to sell a portion of the Dodge Dealership Property to Tri Fortune in order to provide access by Tri- Fortune at the intersection of 68 Avenue North, which agreement will rationalize the boundary lines between the two development parcels. WHEREAS, the Developer and Tri Fortune, as a part of the consideration for the EDA's participation in the Project, agree to replat their properties and agree to certain covenants and restrictions upon future subdividing of their properties, which restrictions will prevent the future subdividing of the parcels and provide for parcels of sufficient size and shape as to be readily redevelopable by private parties in the future, should such redevelopment become economically feasible. WHEREAS, the EDA staff has worked cooperatively with the Developer, Tri Fortune, and the County to develop a Project which minimizes the use of taxpayer funds while maximizing the future potential tax capacity and development potential of the area. NOW, THEREFORE, the Economic Development Authority of in and for the City of Brooklyn Center, Minnesota in view of the foregoing determinations which are hereby adopted as findings of fact, hereby resolves as follows: 1. The Board of Commissioners hereby approves the Development Agreement in substantially the form submitted, and hereby authorizes and directs its officers to execute the Development Agreement on behalf of the Authority. 2. The Board of Commissioners hereby authorizes and directs its Executive Director to continue with and to carry out the tasks and responsibilities of the EDA as set forth in the Development Agreement. 1 1 RESOLUTION NO. 2001 -11 May 29, 2001 Date 3. Because of the undertakings and commitments of the EDA pursuant to the Development Agreement, the Board of Commissioners hereby determines that it has reason to believe that acquisition of portions of the Development Property may need to be acquired by the EDA pursuant to eminent domain proceedings. 4. Because of the prior use of some of the portions of the Development Property for automotive repair and because of the need to demolish existing structures in order for redevelopment to proceed, the EDA hereby determines that pursuant to Minnesota Statutes 117.041, it has good reason to believe that one or more hazardous substances, pollutants, and/or contaminants are present on the Development Property and the release of one or more hazardous substances, pollutants, and/or contaminants (as defined in Minnesota Statutes Chapter 115B) may have occurred on the Development Property, whereby the Board of Commissioners hereby determines that early entry onto the Development Property is rationally related to the health, safety, or welfare concerns of the EDA and the citizens of the City of Brooklyn Center, whereby the Board of Commissioners of the EDA hereby further determines that it is necessary, pursuant to the requirements of Minnesota Statutues 117.041 to enter upon the Development Property for purposes of investigation, monitoring, testing, surveying, boring, or other similar activities, as the EDA's staff determines are necessary and appropriate to identify the existence and extent of any release or threat of release of a hazardous substance, pollutant, or contaminant. 5. The Board of Commissioners hereby directs the EDA staff and its legal counsel, contractors, or agents, in conjunction with Hennepin County and the Developer, to promptly obtain the consent of the owners of the Development Property or to proceed to obtain a court order pursuant to Minnesota Statutes 117.041 to allow for all necessary environmental testing and inspection on the Development Property. 6. The Board of Commissioners hereby further authorizes and directs it's Executive Director to publish notice for and schedule a Public Hearing on the sale of the Development Property to the Developer upon the terms and conditions as set forth in the Development Agreement, such Public Hearing to be held on Monday, June 25 2001. The motion for the adoption of the foregoing resolution was duly seconded by commissioner Ed Nelson and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe; and Tim Ricker; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted.