HomeMy WebLinkAbout2001 07-23 EDAP EDA MEETING
City of Brooklyn Center
July 23 2001 AGENDA
1. Call to Order
2. Roll Call
3. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the Economic Development Authority
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. July 9, 2001 - Regular Session
4. Commission Consideration Item
a. Resolution Approving Amendment(s) to Development Agreement By and Between
Economic Development Authority of Brooklyn Center Minnesota and Bri-Mar
Company Inc. and Tri- Fortune Properties Inc. and County of Hennepin
-Requested Commission Action:
- Motion to adopt resolution.
5. Adjournment
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•
EDA Agenda Item No. 3a
S
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 9, 2001
CITY HALL
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in regular session and was
called to order by President Myrna Kragness at 7:45 p.m.
2. ROLL CALL
President Myrna Kragness, Commissioners Ed Nelson, Kay Lasman, Bob Peppe, and Tim Ricker.
Also present: Executive Director Michael J. McCauley, Assistant City Manager Jane Chambers,
Planning and Zoning Specialist Ron Warren, Public Works Director Diane Spector, City Attorney
Charlie LeFevere, and City Clerk Sharon Knutson.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
A motion by Commissioner Peppe and seconded by Commissioner Nelson to approve the agenda
and consent agenda passed unanimously.
3a. APPROVAL OF MINUTES
A motion by Commissioner Peppe and seconded by Commissioner Nelson to approve the minutes of
the June 11, 2001, regular session passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. PUBLIC HEARING REGARDING THE SALE OF LAND ALONG
BROOKLYN BOULEVARD BY THE EDA IN AND FOR THE CITY OF
BROOKLYN CENTER TO BRI -MAR COMPANY, INC.
1. RESOLUTION AUTHORIZING THE SALE OF LAND ALONG
BROOKLYN BOULEVARD BY THE ECONOMIC DEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER
TO BRI -MAR COMPANY, INC. PURSUANT TO A DEVELOPMENT
• AGREEMENT
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i
Executive Director Michael McCauley said this item relates to the redevelopment to provide access
to Ryan Oldsmobile and to provide land for the Dodge Dealership to build a new showroom. The
EDA previously approved the Development Agreement, and this would authorize the EDA to fulfill
the terms
and conditions of the Development Agreement to sell the EDA -owned roe t
p g property rty o Bn -Mar
Company, Inc.
A motion by Commissioner Peppe and seconded by Commission Lasman to continue the Public
Hearing passed unanimously.
No one wished to address the Commission.
A motion by Commissioner Lasman and seconded by Commissioner Ricker to close the Public
Hearing passed unanimously.
RESOLUTION NO. 2001-13
Commissioner Nelson introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING THE SALE OF LAND ALONG BROOKLYN BOULEVARD BY
THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN
CENTER TO BRI -MAR COMPANY INC. PU A
SUANT TO DEVELOPMENT AGREEMENT
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Peppe.
Motion passed unanimously.
5. ADJOURNMENT
A motion by Commissioner Nelson and seconded by Commissioner Ricker to adjourn the meeting at
7:47 p.m. passed unanimously.
President
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EDA Agenda Item No. 4a
MEMORANDUM
i
TO: Michael J. McCauley, City Manager
FROM: Tom Bublitz, Community Development Specialist
DATE: July 18, 2001
SUBJECT: Resolution Approving Amendment(s) to Development Agreement By and Between
Economic Development Authority of Brooklyn Center, Minnesota and Bri-Mar
Company Inc. and Tri- Fortune Properties Inc. and County of Hennepin
Economic Development Authority (EDA) Resolution 2001 -11, approved by the EDA board on
May 29, 2001, authorized execution of a Development Agreement By and Between Economic
Development Authority of Brooklyn Center Minnesota and Bri-Mar Company Inc. and Tri- Fortune
Properties and County of Hennepin. A copy of resolution 2001 -11 and the accompanying staff
memorandum is included with this memorandum, along with an aerial map showing the project
locations.
The proposed resolution would authorize the EDA Executive Director to extend the "contingency
date ", now specified in the Development Agreement as July 1, 2001. The contingency date is the
date by which the various contingencies set forth in the Development Agreement, are to be satisfied.
These contingencies include items such as letters of credit, joint access easement, review of title
commitment and environmental due diligence along with other items associated with completing the
transaction set forth in the Development Agreement. The proposed resolution would provide that the
EDA Executive Director could extend the contingency date for periods which expire no later than
nine months from the initial dates, respectively, as established in the Development Agreement.
A Resolution Approving Amendment(s) to Development Agreement By and Between Economic
Development Authority of Brooklyn Center, Minnesota and Bri-Mar Company, Inc. and Tri- Fortune
Properties, Inc. and County of Hennepin has been prepared for EDA consideration.
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING AMENDMENT(S) TO DEVELOPMENT AGREEMENT
BY AND BETWEEN ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN
CENTER, MINNESOTA AND BRI -MAR COMPANY, INC. AND TRI- FORTUNE
PROPERTIES, INC. AND COUNTY OF HENNEPIN.
WHEREAS, EDA Resolution 2001 -11 Authorizing Execution of a Development
Agreement was approved b the EDA Board of Commissioners on May 29 2001 • and
gr' pp Y Y
WHEREAS, the Development Agreement, dated May 1, 2001, provides fo r the
acquisition and amon the parties to the
and conveyance of various parcels of roe b p
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Development Agreement, which obligations to acquire and convey property are contingent upon
the satisfaction of those contingencies as set forth in Section 3.1(b) of the Development
Agreement; and
WHEREAS, the parties to the Development Agreement desire to (a) amend and
extend the Contingency Date, as defined in Section 1.1 of the Development Agreement, for the
satisfaction or fulfillment of the unsatisfied contingencies, and (b) amend and extend the date for
the acquisition and conveyance of said parcels by the EDA.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota as follows:
1. The Executive Director may from time to time in his discretion extend
the Contingency Date (now stated to be July 1, 2001), as defined in the
Development Agreement and/or the date by which the Development
Property is to be acquired (now stated to be December 1, 2001) for such
periods of time as the Executive Director deems necessary or desirable,
provided that the authority granted herein shall be limited to extensions of
said dates for periods which expire no later than nine months from the
initial dates, respectively, as established in the Development Agreement.
2. The Executive Director is hereby authorized and empowered to execute
any and all amendments, extensions and supplements to the Development
Agreement as may be necessary and/or appropriate to so extend said dates.
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.
MEMORANDUM
TO: Michael J. McCauley, City Manager
FROM: Brad Hoffman, Community Development Director
DATE: May 23, 2001
SUBJECT: Development Agreement With Hennepin County, Bri-Mar and Tri- Fortune Properties
On Tuesday the 29 of May, the Economic Development Authority will be asked to approve a
development agreement between Hennepin County, Bri-Mar (Dodge dealership) and Tri- Fortune
Properties (Ryan Oldsmobile). The agreement will conclude the acquisition of the right of way
necessary for the widening of Brooklyn Boulevard through a negotiated agreement with Ryan
Oldsmobile and Brookdale Dodge.
Hennepin County has requested the EDA's assistance with the acquisition of the car dealerships
property because the negotiated agreement is beyond the scope of the County's statutory authority. In
essence, the EDA is agreeing under certain circumstances to acquire the CarX site in total and engage
in land swaps with Bri-Mar and Tri- Fortune (the car dealerships) that facilitates the redevelopment of
the Dodge dealership and assures full access to the Oldsmobile dealership. The successful execution
of the terms of this agreement will conclude the right of way condemnation suits currently pending
• with the car dealerships and the CarX site. It is the determination of Hennepin County that this
agreement, which assembles all of the necessary parcels for the roadway project, is less expensive
than a series of partial takings by the County through their powers of eminent domain.
The EDA will assist the County and the City of Brooklyn Center by using its power of eminent
domain to acquire the CarX site in total. The EDA will agree to acquire the CarX site subject to the
terms as itemized in Section 3.1 (b) of the agreement. Included in such terms is the requirement that
the City of Brooklyn Center and Hennepin County enter into an amendment (EDA agenda item 4c) to
their cost sharing arrangements relative to the roadway project. Hennepin County is required to make
the EDA whole and indemnify the EDA from any claims relating to hazardous substances that might
be found on the site. At the time all of the requirements set forth in the agreement have been met
relative to the EDA's acquisition of the CarX site, the EDA will be asked to pass a resolution
authorizing the acquisition of CarX through condemnation.
In short, by entering into this agreement the EDA agrees to assist the County and the City of Brooklyn
Center in the acquisition of the right of way for the roadway project. In so doing, a new Dodge
dealership building will be constructed and a large parcel (the Olds dealership) of land on Brooklyn
Boulevard will retain full access at a signalized intersection. The county is also obligated to pay all
costs /expenses incurred by the EDA in the acquisition of the property. The City, under the terms of
the Right of Way Agreement with Hennepin County, would be responsible for %2 of all of the
County's acquisition cost. The Brooklyn Center City Council has before them (agenda item 9f) an
amendment recognizing the role of the EDA in the acquisition process whose assistance was
requested by Hennepin County. At this time Hennepin County is involved in a partial taking_ of the
CarX site.
Commissioner KaY Tasman introduced the following resolution and
moved its adoption:
T EDA RESOLUTION NO. 2001 -11
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 resent in either the soils or the existing structure.
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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.
RESOLUTION NO. 2001 -11
3. Because of the undertakings and commitments of the EDA pursuant to the
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�- 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 iri 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.
May 29, 2001
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
Frl 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.
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