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Home My WebLink About2010 05-10 EDAP • EDA MEETING City of Brooklyn Center May 10, 2010 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. April 26, 2010 — Regular Session 4. Commission Consideration Items None 5. Adjournment to Closed Executive Session o Discuss Pending Litigation Regarding a Potential Settlement with Oliver Companies Regarding the Construction of the Link — Embassy Suites Development Agreement and the D Barn Lease (Spa) ■ Attorney Client Privilege [Minn. Stat. § 13D.05, subd. 3 (b)] o Discuss the Sale of Real Property Located at 6037 Brooklyn Boulevard — Northbrook Apartments ■ [Minn. Stat. § 13D.05, subd. 3 (c)] • EDA Agenda Item No. 3a i r 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 APRIL 26, 2010 CITY HALL — COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tian Willson at 9:00 p.m. 2. ROLL CALL President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich. Also present were Executive Director Curt Boganey, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. • 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Roche moved and Commissioner Lasman seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. March 8, 2010 — Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. EDA RESOLUTION NO. 2010 -07 AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT Executive Director Curt Boganey introduced the item, discussed the history, and stated the purpose of the proposed resolution to approve and execute a second amendment to the Development Agreement for the FBI Regional Field Office Project. The EDA questioned why a change in the closing date was impacting commencement of construction. Mr. Boganey explained the EDA had an agreement with Barry Minneapolis, LLC who is assigning rights to Molasky Group of Companies and that assignment requires approval • by the GSA and the reason for the delay. He advised the transaction is scheduled to close on 04/26/10 -1- DRAFT April 29, 2010, and Barry Real Estate is asking to delay the closing date to June 10, 2010, until after they have assigned their rights to the Molasky Group. Mr. Boganey explained this may result in their inability to start construction sooner but will provide sufficient time to start construction without another request for an extension. The EDA indicated it receives many questions from the public asking when this project will start. Mr. Boganey stated he is convinced that with this action, Molasky Group of Companies will be in position to close on the property as quickly as possible and make an announcement that this project will start this surmner. He advised they have submitted penriit requests to the Watershed District and intend to schedule a ground breaking. The EDA asked staff to inform the Star Tribune of the groundbreaking date. Commissioner Roche moved and Commissioner Lasman seconded adoption of EDA RESOLUTION NO. 2010 -07 Authorizing Execution of a Second Amendment to Development . Agreement. Motion passed unanimously. 4b. CONSIDERATION OF GRANT APPLICATIONS FOR CONTAMINATION CLEANUP OF THE FORMER HOWE CHEMICAL SITE LOCATED AT 4821 XERXES AVENUE NORTH IN BROOKLYN CENTER Executive Director Curt Boganey introduced the item, discussed the. history, and stated the • purpose of the proposed resolution to approve a grant application for the contamination cleanup of the former Howe Chemical site. Director of Business and Development Gary Eitel displayed a site map and provided details of the grant applications that will be made: Minnesota Department of Employment and Economic Development (DEED) for $1,242,000; Metropolitan Council Tax Base Revitalization Account (TBRA) for $200,000, and Hennepin County Environmental Response Fund (ERF) and Environmental Protection Agency (EPA) Brownfield's Revolving Loan Fund Grants for $700,000. It was noted that in 2008, a site plan was approved for a multi - tenant office /warehouse building and the soil cleanup will allow that project to move forward. The EDA and staff discussed the reasons for the delay of this project, primarily related to getting necessary approvals from the Department of Agriculture which has some jurisdiction on this cleanup due to the agriculture chemicals on this site. Staff indicated it has been a difficult process to get the Department of Agriculture's agreement to the proposed testing and protocol that the developer could cost - effectively undertake. President Willson acknowledged the assistance received from Senator Scheid. The EDA questioned the obligation of the previous owner towards this cleanup cost. Mr. Boganey stated it is his understanding that potential responsible parties (previous owners) and involvement in cleanup was investigated by the State and the State approached some of those owners to do some cleanup work. He explained that all of the potential responsible parties reached a settlement with the Department of Agriculture and that settlement resolved their • 04/26/10 -2- DRAFT responsibilities. Mr. Eitel noted that included a claim against the City for putting 500,000 • gallons of water on the fire. 1. EDA RESOLUTION NO. 2010 -08 AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA TO APPLY FOR A CONTAMINATION CLEANUP GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT o Commissioner Lasman moved and Commissioner Roche seconded adoption of EDA RESOLUTION NO. 2010 -08 Authorizin g p the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development. Motion passed unanimously. 2. EDA RESOLUTION NO. 2010 -09 AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT Commissioner Yelich moved and Commissioner Lasman seconded adoption of EDA RESOLUTION NO. 2010 -09 Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account. • Motion passed unanimously. 3. EDA RESOLUTION NO. 2010 -10 APPROVING AN APPLICATION FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT Commissioner Roche moved and Commissioner Ryan seconded adoption of EDA RESOLUTION NO. 2010 -10 Approving an Application for a Hennepin County Environmental Financial Grant. Motion passed unanimously. 5. ADJOURNMENT Commissioner Lasman moved and Commissioner Roche seconded adjournment of the Economic Development Authority meeting at 9:21 p.m. Motion passed unanimously. • 04/26/10 -3- DRAFT