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HomeMy WebLinkAbout2006 04-10 EDAP EDA MEETING City of Brooklyn Center April 10, 2006 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 --Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. March 27, 2006 Regular Session 4. Commission Consideration Items a. Resolution Amending Purchase Agreement Between Eastbrook Properties, LLC, and the Brooklyn Center Economic Development Authority •Requested Commission Action: —Motion to adopt resolution. 5. Adjournment EDA Agenda Item No. 3a MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER 1N THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MARCH 27, 2006 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session and was called to order at 9:08 p.m. by President Myrna Kragness. 2. ROLL CALL President Myrna Kragness, Commissioners Kathleen Carmody, Kay Lasman, Diane Niesen, and Mary O'Connor. Also present: Executive Director Michael McCauley, Assistant City ManagerlDirector of Operations Curt Boganey, City Attorney Mary Tietjen, and Deputy City Clerk Camille Yungerberg. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Lasman moved and Commissioner Carmody seconded to approve the agenda and consent agenda and the following item was approved: 3a. APPROVAL OF MINUTES —Councilmember O'Connor abstained from the vote on the minutes, as she was absent and excused from the March 13, 2006, meeting. 1. March 13, 2006 Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. REPORT ON PURCHASE AGREEMENT WITH EASTBROOK PROPERTIES, LLC Mr. McCauley stated the City has an agreement with Eastbrook Properties who will not be able to comply with requirements. He sta.ted the City received notice from MNDOT that it has to acquire the property by April 15, 2006. He stated this was an informational item but there may be a item on the agenda for the April 10, 2006, EDA meeting. He reviewed the memo in the EDA packet. 03/27/06 1 DRAFT Commissioner Niesen stated she would not be in favor of using money for land speculation at this time. 5. ADJOURNMENT Commissioner Carmody moved and Commissioner Niesen seconded adjournment of the meeting at 9:15 p.m. Motion passed unanimously. President I 03/27/06 2 DRAFT EDA Agenda Item No. 4a MEMORANDUM TO: Michael J. McCauley, City Manager T FROM: Tom Bublitz, Community Development Specialist DATE: Apri15, 2006 SUBJECT: Resolution Amending Purchase Agreement Between Eastbrook Properties, LLC, And The Brooklyn Center Economic Development Authority In Apri12005, the Brooklyn Center Economic Development Authority (EDA) approved an agreement with Eastbrook Properties, LLC to purchase and develop MnDOT Right of Way property located adjacent to Highway 252 between 68�'Avenue North and 69�' Avenue North. This sale is to be a pass through of a little over 1'/z acres of excess Right of Way from MnDOT to the EDA, with a simultaneous closing/ sale from the EDA to Eastbrook Properties, LLC. Eastbrook Properties, LLC is to pay all costs associated with the sale, including all land, closing costs and legal fees for the transaction and Eastbrook Properties, LLC will be required to provide all funds at closing. Due to a number of issues, including the illness of the developer and problems with creating a survey of the property adequate to secure title insurance, the sale has not yet taken place. Because of these delays, Eastbrook Properties, LLC has not completed the final plat approval and has not commenced construction of public improvements but is proceeding to accomplish those items. MnDOT has set a deadline of April 15,2006 to close the sale. The City Attorney has prepared an amendment to the 2005 purchase agreement which would require Eastbrook Properties, LLC to secure fmal plat approval for the development of single family homes and commence construction of public improvements within one year from the closing date. The amendment also requires Eastbrook Properties, LLC to execute a declaration of covenants which will be filed with the deed and will require the land may not be used for any purpose other than detached single family residences. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AMENDING PURCHASE AGREEMENT BETWEEN EASTBROOK PROPERTIES, LLC, AND THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Economic Development Authority ("EDA") is a party to a purchase agreement dated April 11, 2005 (the "Purchase Agreement") with Eastbrook Properties, LLC, under which the EDA has agreed to convey certain excess right-of-way legally described as follows: That part of Tracts A and B described below: Tract A. That part of Lot 24, Auditor's Subdivision Number 310, shown as Parcel 17 on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Tract B. Lots 25, 26 and the south 112 feet of Lot 27, Auditor's Subdivision Number 310, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerly of Line 1 described below: Line 1. Commencing at Right of Way Boundary Corner B35 as shown on said Plat No. 27- 20; thence westerly on an azimuth of 269 degrees 35 minutes 20 seconds along the boundary of said plat for 195.49 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 354 degrees 58 minutes 30 seconds for 268.52 feet; thence on an azimuth of 89 degrees 35 minutes 20 seconds for 129.14 feet; thence on an azimuth of 355 degrees 02 minutes 49 seconds for 112.35 feet to Right of Way Boundary Corner B40 as shown on said Plat No. 27-20 and there terminating; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 110, renumbered 252, from the lands herein conveyed; and WHEREAS, the EDA has determined that amendment of the Purchase Agreement is in the best interests of the public and would further the general plan for economic development of the City; and WHEREAS, the EDA has received and considered a proposed amendment to the Purchase Agreement ("Amendment to Purchase Agreement"). EDA RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota, as follows: 1. The Amendment to Purchase Agreement is hereby approved. 2. The President and Executive Director are authorized and directed to execute the Amendment to Purchase Agreement and take all steps necessary to effect conveyance of the property in accordance with the terms of the Purchase Agreement, as amended. Anril 10, 2006 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. AMENDMENT TO PURCHASE AGREEMENT THIS AMENDMENT is made by and between Eastbrook Properties, LLC, a Minnesota limited liability company ("Buyer"), and the Brooklyn Center Economic Development Authority (hereinafter referred to as the "Seller"). WITNESSETH: WHEREAS, the Buyer and Seller are parties to an agreement entitled "Purchase Agreement" dated April 11, 2005 (the "Purchase Agreement") for the purchase and sale of property described as follows: That part of Tracts A and B described below: Tract A. That part of Lot 24, Auditor's Subdivision Number 310, shown as Parcel 17 on Minnesota Department of Transportation Right of Way Plat No. 27-20 as the same is on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; Tract B. Lots 25, 26 and the south 112 feet of Lot 27, Auditor's Subdivision Number 310, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota; which lies westerl of Line 1 described below: Y Line 1. Commencing at Right of Way Boundary Corner B35 as shown on said Plat No. 27- 20; thence westerly on an azimuth of 269 degrees 35 minutes 20 seconds along the boundary of said plat for 195.49 feet to the point of beginning of Line 1 to be described; thence on an azimuth of 354 degrees 58 minutes 30 seconds for 268.52 feet; thence on an azimuth of 89 degrees 35 minutes 20 seconds for 129.14 feet; thence on an azimuth of 355 degrees 02 minutes 49 seconds for112.35 feet to Right of Way Boundary Corner B40 as shown on said Plat No. 27-20 and there terminating; Subject to the following restriction: No access shall be permitted to Trunk Highway No. 110, renumbered 252, from the lands herein conveyed. and WHEREAS, the parties have agreed that it is in the best interest of the parties and the people of the City of Brooklyn Center, and furthers the general plan of economic development of the City, for the Purchase Agreement to be amended as provided herein; 286814v1 CLLBR305-77 1 NOW, THEREFORE, on the basis of the premises and the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: 1. Paragraph 3 of the Purchase Agreement is hereby deleted, and the following substituted therefor: "The Property must be improved with a single-family residential development approved by the city council of the City of Brooklyn Center and the Seller. Development of the Property in accordance with the preliminary plat for the development thereof previously approved by the city council is hereby approved by the Seller. Buyer will secure final plat approval for its development including all of the Property, for a single-family residential development and will commence construction of public improvements by one year from the date of closing on the sale of the Properly. Prior to conveyance of the Property, Seller will execute a declaration of covenants against the Property providing that the Property may not be used for any purpose other than detached single-family residential development. Such declaration shall be recorded at Buyer's expense and enforceable by Seller." 2. Except as explicitly modified herein, the Purchase Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of the day of 2006. BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY By: Its President And by: Its Executive Director EASTBROOK PROPERTIES, LLC I By: Its: 286814v1 CLL BR305-77 2 Public Copy I I I Please include this with the City Council Work Session materials as: Item 2. Discussion of Tabled Parking Ordinance restricting number of cars in driveway. City of Brooklyn Center A Millennium Community To: Mayor Kragness and Co cil Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: Apri17, 2006 Re: Code Enforcement/Parking Ordinance Discussion At the Apri124�' regular City Council meeting, Chief Bechthold will make a presentation on code enforcement. Attached is the draft presentation. We are also exploring the use of a city-wide mailing of common ordinance issues that would include more than one language as a means of heightening awareness. We are suggesting that an evaluation of the proposed enforcement efforts and finalization of storm clean-up occur prior to a decision on potentially adding more parking regulations. I would suggest going forward with reviewing how we regulate parking in the back yard as the complaints regarding back yard parking are about matters that are currently permitted. This is as contrasted with the complaints in the front yard which generally are not permitted under our existing ordinances. 6301 Shin le Creek Parkway Recreation and Community Center Phone TDD Number g Brooklyn Center, MN 55430-2199 (763) 569-3400 City Hall TDD Number (763) 569-3300 FAX (763) 569-3434 FAX (763) 569-3494 www.cityof6roohlyncenter.org 0 CODE ENFORCEMENT 2006 ac roun Prob em dentification: Gradual increase in parking related complaints, includin both ille al off-street and on-street parking g g Significant increase in parking and code related complaints at the beginning of the year ac rou n Ana ysis: Increase in single family home rentals Need to inform new residents on quality of life ordinances Late season storm in 2005 that the City has not fully recovered from Increase in problem and chronic properties ac rou n Response: The City will take a proactive and aggressive stance against those who are in violation of the City of Brooklyn Center Ordinances City departments will work in collaboration in receiving, responding and monitoring code complaints The City will systematically track cases and identify which staff member (s) or department will be responsible for follow-up The entire City will be inspected and re-inspected on a regular basis throughout the year City staff will respond to a11 code violation complaints within three (3) business days Po ice Communit Deve o ment, Staff from y p b ic Works Cit En ineerin and the City Pu y g g Atto rn e's Off i ce wo rki n i n a co a bo rative Y g �anner. City Inspectors Neighborhood Liaison Officers Police Cadets Community Service Officers Sector Ser eants Cultural Liaison g City Attorney i REC EIVING/REPSONDING/M�NIT�RING VIULATIONS AND COMPLAINTS 1. P MS System (Property nformation Management System) All de artments will be trained to use. p 2. Use of Fie d Notebooks 3. G S 4. Week CRS Re ortin Y p g 5. �rackin Court Dis ositions g p 6. Month Pro ress Re orts to Cit Manager Y g p Y 1. Public Awareness Campaign 2. Initial Swee of Problem and Chronic p Properties. mmediate citation for any code vio ations at prob em and chronic properties Problem Properfies are defined as properties that have required actions beyond a second /etter and/or who have had violations for more than one Code enforcement season. Sector One (1) Sector Two l2) 55xx James Ave 11 xx Emerson Lane 56xx Fremont 70xx Oliver 55xx Lilac 66xx Bryant 56xx James 69xx West River Rd 53xx 4th St 56xx Fremont 60xx Dupont Problem praperties cont'd Sector Three (3) Sector Four (4) 70xx Drew Ave 29xx 53rd 69xx Palmer Lake Drive 59xx June 66xx U n ity Ave 61 xx B 6 70xx Regent 48xx Twin Lake Ave 67xx Scott 33xx Mumford 67xx Toledo 54xx Sailor Lane 67xx Regent 36xx 55th 68xx Perry Chronic properties are defined as properties that have been referred to court on more than one occasion and/or who continue to have city ordinance violations. Sector One 11) Sector Two (2) 5732 Knox Ave 6842 West River Rd 5712 Logan 5315 Humboldt 5422 Humboldt 5337 Lyndale I �I� Sector Three (3) Sector Four (4) 6318 Unity 5655 BB 4106 71 st 4756 Lakeview I 3. Summer Sweep nspection of entire city: First etter with dead ine date to comp y; Knock Ta k; Citation/Forma Comp aint Charges. 4. Code Enforcement Procedure outside summer sweep time ine: 1. nspection: Warning with ten (10) day dead ine to comp y; 2. Re- nspection 3. Citation or Forma Com aint p I P rkin Enforcement 5. a g Methodica sweep done quartery of S e cto rs 1-4 Ta r et i eg a o n-street a n d off-street g parking Citations for arkin vio ations p g Community Liaison Education Cu tura issues Lan ua e issues g g Meetin with both parties for reso ution g Community Mediation Services Social Service Agencies April Inspections of problem and chronic properties. Parking enforcement sweep for 2nd quarter May Summer Sweep Report to City Manager-May 8 June Report to City Manger-June 12 Completion of first inspections residential Initial inspections for multi-housing units i July Report to City Manager-July 10 Commercial property initial inspections I August Report to City Manager August 14 Completion of all inspec�ions for entire city September Final inspections and clean-up Final report to City Manager O