HomeMy WebLinkAbout2009 08-24 EDAP EDA MEETING
City of Brooklyn Center
August 24, 2009 AGENDA
1. Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. July 27, 2009 Regular Session
4. Commission Consideration Items
a. Resolution Authorizing the Dedication of Easements on EDA Property Pertaining
to the Bass Lake Road Streetscape and Regional Trail Project
Requested Commission Action:
—Motion to adopt resolution.
5. Adjournment
�I
EDA Agenda Item No. 3a
i
MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
JULY 27, 2009
CITY HALL COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 7:37 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Kay Lasman, Dan Ryan, and Mark Yelich.
Commissioner Tim Roche was absent and excused. Also present were Executive Director Curt
Boganey, Director of Business Development Gary Eitel, Police Chief Scott Bechthold, City
Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Lasman moved and Commissioner Yelich seconded approval of the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. July 13, 2009 Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2009-13 AUTHORIZING THE STIPULATION OF
SETTLEMENT IN CONNECTION WITH THE REAL PROPERTY LOCATED
AT 6742 REGENT AVENUE NORTH, BROOKLYN CENTER, MINNESOTA
Director of Business Development Eitel introduced the item, discussed the history, and stated
the purpose of the proposed resolution.
Commissioner Yelich asked about the error in filing the mortgages. Mr. Eitel described that
several errors had occurred in the filing of the mortgage.
07/27/09 -1- DRAFT
Commissioner Ryan noted the EDA could choose to hold the bank to satisfy the entire $20,000
but the EDA is offering to accept one-half that amount to settle it. Mr. Eitel stated their attorney
proposed the one-half amount. Staff had originally asked for 100% with the loan forgiven if sold
as owner-occupied.
Commissioner Yelich noted the agreement stipulates if purchaser is owner-occupied, the loan is
forgiven. He asked what is the duration for owner-occupied status. Mr. Eitel stated it is satisfied
at the time of closing. Commissioner Yelich stated in that case, the purchaser could convert to
non-owner-occupied property within several months. Mr. Eitel explained if the mortgage is
through the FHA Renew Loan Program so they could not use this mortgage if converted to
rental.
Commissioner Yelich stated he would like to ensure that owner-occupied housing is retained in
Brooklyn Center. Mr. Eitel advised this is a nice property so if purchased as owner-occupied, he
believed there was a good opportunity it would remain in that manner.
Commissioner Lasman moved and Commissioner Ryan seconded adoption of EDA
RESOLUTION NO. 2009-13 Authorizing the Stipulation of Settlement in Connection with the
Real Property located at 6742 Regent Avenue North, Brooklyn Center, Minnesota.
Motion passed unanimously.
5. ADJOURNMENT
nded ad'ournment of the Economic
Commissioner Lasman moved and Commissioner Ryan seco
Development Authority meeting at 7:49 p.m.
Motion passed unanimously.
07/27/09 -2- DRAFT
EDA Agenda Item No. 4a
r
EDA COUNCIL ITEM MEMORANDUM
TO: Curt Boganey, City Manager
FROM: Steve Lillehaug, Director of Public Works
DATE: August 17, 2009
SUBJECT: Resolution Authorizing Dedication of Easements on Economic Development
Authority (EDA) Property Pertaining to the Bass Lake Road Streetscape and
Regional Trail Project
Recommendation:
Staff recommends that the EDA authorize the dedication of easements on EDA property
pertaining to the Bass Lake Road Streetscape and Regional Trail Project.
Background:
On July 13, 2009, the City Council determined the necessity for and authorized the acquisition of
certain property easements for the Bass Lake Road Streetscape and Regional Trail
Improvements. As part of this project, proposed improvements and existing elements such as
sidewalks and other streetscape elements have been identified that fall outside of existing public
easement areas. The attached maps show the extent of the easements needed for the proposed
improvements within the EDA-owned parcels located along Bass Lake Road (County Road 10)
east of Shingle Creek Parkway.
The proposed dedication would provide for the needed acquisition of approximately 4,433
square-feet of perpetual non-exclusive streetscape easement on the parcel located in the southeast
quadrant of Bass Lake Road and Shingle Creek Parkway (old Boulevards site) and acquisition of
approximately 19,653 square-feet of perpetual non-exclusive streetscape easement on the parcel
located in the northeast quadrant of Bass Lake Road between Shingle Creek Parkway and
Highway 100 (old Ford site). The proposed easements will not change the required building and
parking lot setbacks for any future redevelopment of the property.
The City Attorney has drafted the easement document attached to the resolution authorizing the
dedication of the easement.
Budget Issues:
None.
Easement Acquisition Resolution
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE DEDICATION OF EASEMENTS ON EDA
PROPERTY PERTAINING TO THE BASS LAKE ROAD STREETSCAPE AND
REGIONAL TR.AIL PROJECT
WHEREAS, existing sidewalk and construction of new sidewalk and streetscape
improvements in the southeast corner of Bass Lake Road (County Road 10) and Shingle Creek
Parkway necessitates the acquisition of a perpetual streetscape and sidewalk easement for public
sidewalk or trailway, retaining walls, decorative landscape features, irrigation systems and lighting
purposes within 2545 County Road 10, Tract A, REGISTERED LAND SURVEY NO. 1430,
Hennepin County, Minnesota; and
WHEREAS, existing sidewalk and construction of new sidewalk and streetscape
improvements in the northeast corner of Bass Lake Road (County Road 10) and Shingle Creek
Parkway necessitates the acquisition of a perpetual streetscape and sidewalk easement for public
sidewalk or trailway, retaining walls, decorative landscape features, irrigation systems and lighting
purposes within 2500 County Road 10, that part of Lot 2, Block 2, BROOKDALE SQUARE,
embraced within Tract A, REGISTERED LAND SURVEY NO. 1256, and within Outlot 1,
BROOKDALE FIR5T ADDITION, Hennepin County, Minnesota; and
WHEREAS, the City Attorney has prepared easement documents for said perpetual
easements, copies of which are attached hereto; and
WHEREAS, the City of Brooklyn Center has agreed to dedicate said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn
Center, Minnesota, that the Mayor and City Manager are hereby authorized to execute the permanent
easements within Tract A, REGISTERED LAND SURVEY N0.1430; and within that part of Lot 2,
Block 2, BROOKDALE SQUARE, embraced within Tract A, REGISTERED LAND SURVEY NO.
1256, and within Outlot 1, BROOKDALE FIRST ADDITION in the name of the City of Brooklyn
Center.
Au�ust 24. 2009
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
Bog 198 Parcel7
Kennedy Graven, Chartered Torrens
EASEMENT
THIS INSTRLTMENT is made by Economic Development Authority of Brooklyn Center, a
public body corporate and politic organized under the laws of tlie State of Minnesota, Grantor, in
favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of certain real properly in Hennepin County, Minnesota legally
described on the attached Exhibit A(the "Property").
B. Grantor desires to grant to the Grantee an easement, according to the terms and conditions
contai.ned herein.
Terms of Easement
1. Grant of Easement. For good and valuable consideration, receipt of which is aclmowledged
by Grantor, Grantor grants and conveys to the Grantee the easement legally described on the
attached Exhibit A and depicted on the attached Exhibit B.
2. ScoDe of �asement. The perpetual s�eetscape easement granted herein includes the right
of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable
times for the purpose of installing, constructi.ng, reconstructing, operating, maintaining,
inspecting, altering and repairing within the described easement azea any of the following
facilities and amenities: public sidewalk or trailway; retaining walls; decorative landscaping
features including planting beds, boulders, shrubs, trees, and other landscape improvements; and
irrigation systems.
The easement granted herein also includes the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
354142v1 CBR BR291-301
1
3. Warrantv of Title. The Grantor warrants it is the owner of the Pro erty and has the ri t,
P
title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and r.easonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the da.te of this instrument.
5. Bindins Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 20Q9.
Economic Development Audioriry of Brooklyn Center
By:
Its:
i BY�
Its:
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2009, by and the
and of Economic Development
Authority of Brooklyn Center, a public body corporate and politic organized under the laws of the
State of Minnesota, on behalf of the corporation, Grantor.
Notary Public
NOTA.RY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
354142v1 CHR BR291-3Q1
7
I
EXFIIBIT A
Owner: Economic Development Authority of Brooklyn Center
P.I.N. 02-118-21-31-0049.
Description of Property:
Tract A, REGISTERED LAND SURVEY NO. 1430, Hennepin County, Minnesota.
Description of Easement:
A permanent non-exclusive easement for public streetscape purposes being that part of the above
described Property which lies within the following described area:
Commencing at the southeasterly corner of said Tract A, REGISTERED LAND
SURVEY NO. 1430, Hennepin County, Minnesota; thence on an assumed bearing of
South 63 degrees 30 minutes 25 seconds West, along the south line of said Tract A, a
distance of 195.32 feet to the point of beginning; thence North 23 degrees 18 minutes 35
seconds West, 12$.09 feet; thence North 16 degrees 1 I minutes 35 seconds West, 29.62
feet; thence North 0 degrees 17 minutes 35 seconds West, 57.46 feet; thence North 80
degrees 26 minutes 43 seconds West, 8.13 feet to the northwesterly line of said Tract A,
REGISTERED LAND SURVEY NO. 1430; thence nvrtheasterly 170.03 feet along the
arc of a non tangential curve concave to the southeast having a central angle of 63
degrees 27 minutes 52 seconds and a radius of 153.50 feet, having a chord bearing of
North 42 degrees 53 minutes 47 seconds East to the northeast comer of said Tract A,
REGISTERED LAND SURVEY NO. 1430; thence South 28 degree 11 minutes 07
seconds East, along the east line of said Tract A, REGISTERED LAND SURVEY NO.
1430, a distance of 22.94 feet; thence South 61 degrees 20 minutes 37 seconds West,
89.09 feet; thence southwesterly 88.07 feet along the arc of a non tangential curve
concave to the southeast having a central angle of 36 degrees 41 minutes 55 seconds and
a radius of 137.50 feet, having a chord bearing of South 19 degrees 51 minutes 57
seconds West; thence South 0 degrees 17 minutes 35 seconds East, 32.00 feet; thence
South 16 degrees 11 minutes 35 seconds East, 28.61 feet; thence South 23 degrees 18
minutes 26 seconds East, 127.50 feet to said south line of Tract A, REGISTERED LAND
SURVEY NO. 1430; thence South 63 degrees 30 minutes 25 seconds West, along said
south line of Tract A, a distance of 5.00 feet to the point of beginning.
Said permanent easement containing 4,433 square feet (0.102 acres) more or less.
I
354142v1 CHR BR291-301
A-1
I
EX1iIBIT B
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I �O�ES PROPOSED PERI�ANE�T E ��ENT
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T:�F. DENOTES PRdPOSED TEMPO R EASE �NT R S
NOTE: NO BOUNDAR SURVEY YyORK YyAS PERFORi�E AS� p
TO THE PRECISE LOC�7i0N OF 7HIS 7RACT
.�.i. r..t
J SHORT EW01T HENDRICKSON INC. F��E No. EASEMENT SKETCH Qa-��8� a
BUTLER SWARE BUILDiNG 109139
o No�n� sn� smEET BASS LAKE ROAD TREETSCAPE P C
SEH uiN►�nPOUS, ►e►� ss�oa �A�� REGIONAL TRAIL IMPROV
PHONE (672) 758-6700 7�28�OJ BROOKLYN CENTER �1nN
c
Box 198 Parcel 8
Kennedy Graven, Chartered Torrens
EASEMENT
THIS INSTRUMENT is made by Economic Development Authority of Brool:lyn Center, a
public body corporate and politic organized under the laws of the State of Minnesota, Grantor, in
favor of the City of Brooklyn Center, a Minnesota municipal corporation, Grantee.
Recitals
A. Grantor is the fee owner of certain real property in Hennepin County, Minnesota legally
described on the attached Exhibit A(the "Property").
B. Grantor desires to grant to the Grantee an easement, accordin� to the terms and conditions
contained herein.
Terms of Easement
1. GranE of Easement. For good and valuable consideration, receipt of which is acknowledged
by Grantor, Grantor D ants and conveys to the Grantee the easements legally described on the
attached Exhibit A and depicted on the attached Exhibit B.
2. Scone of Easement. The perpetual streetscape easement granted herein includes the right
of the Grantee, its contractors, agents, and employees to enter the premises at all reasonable
times for the purpose of installing constructing, reconstnicting, operating, maintaining,
inspecting, altering and repairing within the described easement area any •of the following
facilities and amenities: public sidewalk or trailway; retaining walls; decorative landscaping
features including planting beds, boulders, shrubs, trees, and other landscape improvements; and
irrigation systems.
3i�l�l3vl Cf3R BR291-301
1
The easement granted herein also includes the right to cut, trim, or remove from the
easement areas trees, shrubs, or other vegetation as in the Grantee's judgment unreasonably
interfere with the easement or facilities of the Grantee, its successors or assigns.
3. Warrantv of Title. The Grantor warrants it is the owner of the Property and has the right,
title and capacity to convey to the Grantee the easement herein.
4. Environmental Matters. The Grantee shall not be responsible for any costs, expenses,
damages, demands, obligations, including penalties and reasonable attorney's fees, or losses
resulting from any claims, actions, suits or proceedings based upon a release or threat of release
of any hazardous substances, pollutants, or contaminants which may have existed on, or which
relate to, the easement area or Property prior to the date of this instrument.
5. Bindins Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, its successors and assigns.
STATE DEED TAX DUE HEREON: NONE
Dated this day of 2009.
Economic Development Authority of Brooklyn Center
$Y
Its:
B
Its:
35�11d3v1 CBR BR391-301
7
I
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this day of
2009 by and the
and of Economic Development
Authority of Brooklyn Center, a public body corporate and p�litic organized under the laws of the
State of Minnesota, on behaIf of the corporation, Grantor.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFI'ED BY:
Kennedy Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 5540Z
(612) 337-9300
3�41=t3v1 CBR BR291-301
3
EXHIBIT A
Owner: Economic Development Authority of Brooklyn Center
P.I.N. 02-118-21-24-0019
Description of Property:
That part of Lot 2, Block 2, BROOKDALE SQUARE, embraced within Tract A,
REGISTERED LAND SURVEY NO. I256 and within Outlot 1, BROOKDALE FIRST
ADDITION, Hennepin County, Minnesota.
Description of Easement:
A permanent non-exclusive easement for public streetscape purposes being that part of the above
described Property which lies within the following described area:
Commencing at the northwest comer of said Lot 2, Block 2, BROOKDALE SQUARE;
thence on an assumed beu of Soulh 0 degrees O1 minules 01 seconds East, along the
west line of said Lot 2, Block 2, BROOKDALE SQUARE, a distance of l 35.36 feet to
the point of beginning; thence continuing South 0 degrees O1 minutes 0.1 seconds East,
along the west line of said Lot 2, Block 2, BROOKDALE SQUARE, a distance of 30.07
feet; thence South 45 degrees 51 minutes 34 seconds East, along [he southweslerly line of
said Lot 2, Block 2, BROOKDALE SQUARE, a distance of 14.14 feet; thence North 89
de�rees 09 minutes 08 seconds East, �long the south line of said Lot 2, Block 2,
BROOKDALE SQUARE, a distance of 900.56 feet; thence North 77 degrees 42 minu[es
33 Seconds East, along the south line of said Lot 2, Bloek 2, BROOKDALE SQUARE, a
distance of 3�.72 feet; thence North 51 degrees 45 minutes 29 seconds East, along the
southeasterly line of said Lot 2, Block 2, BROOKDALE SQUARE, a discance of 13.16
feet; thence South 89 degrees 09 minutes 08 seconds West, 502.44 feet;� thence North 0
degrees 50 minutes 52 seconds West, 12.00 feet; thence South 89 degrees 09 minutes 08
seconds Wesc, 424.51 feet; thence North 65 degrees 28 minutes 49 seconds West, 30.50
Ceet the point of beginning.
Said permanent easement containing 19,653 square feet (0.451 acres) more or less.
35d1�13v1 Ct3R 6R291-3U1
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Box 198 Parcel 8
Kennedy Graven, Chartered Torrens
CONSENT AND JOINDER BY MORTGAGEE
Firstar Bank of Minnesota, N.A., now by merger US Bank, National Association, a
nalional banking association, holder of a mortgage on the property which is described as follows:
That part of Lot 2, Block 2, Brookdale Square, embraced within Traet A, Registered
i.and Survey No. 1256 and within Outlot 1, Brookdale First Addition
hereby consents and joins in the Easement dated 2009, filed
2009 in the office of the Hennepin County Reaistrar of Titles as Document No.
so as to subject and subordinate the undersigned's interest to said Easement.
Dated:
US Bank, Nalional Association
By:
Its:
By:
Its:
3saia��i cea BR��t-aot
1
STATE OF
SS.
COUNTY OF
The foregoing instrument was acl:nowledged before me this day of
2009 by and the
and of US Bank, National Association. a
national banking association organized under the laws of the United States of America, on behalf of
the banking association.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
Suite 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
35�11�13v1 CBR BR291-301
Box 198 Parcel8
Kennedy Graven, Chartered Torrens
CONSENT AND JOINDER BY MORTGAGEE
Bremer Bank, National Association, a national banl:ing Association, holder of a mortgage
on the property which is described as follows:
That part of Lot 3, Block 2, Brookdale Square, embraced within Tract A, Registered
Land Survey No. 125b and within Outlot 1, Brookdale First Addition
hereby consents and joins in the Easement dated 2009, filed
2009 in the office of the Hennepin County Registrar of Titles as Document No.
so as to subject and subordinate the undersigned's interest ta said Easement.
Dated:
Bremer Bank, National Association
By:
Its:
By:
Its:
35�11a3v1 CBR DR291-301
3
STATE OF
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
2009 by and the
and of Bremer Bank, National, National
Association, a national banking association organized under the laws of the United States of
America, on behalf of the banking association.
Notary Public
NOTARY STAMP OR SEAL
THIS INSTRUMENT DRAFTED BY:
Kennedy Graven, Chartered
SuiCe 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
35d143v1 CBR [iR291-301