HomeMy WebLinkAbout1986 03-24 HRAP HRA AGENDA
CITY'OF BROOKLYN CENTER
MARCH 24, 1986
7:00 p.m.
1. Call to Order
2. Roll Call
3. Approval of Minutes -
a. December 30, 1985
b. January 13, 1986
4. Resolution:
a. Approving Agreement wit an
PP h R an Construction Company of Minnesota Inc. for
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Construction of a Storm Drainage System Serving the Brooklyn Farm Area.
5. Adjournment
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MINUTES OF THE PROCEEDINGS OF THE HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN
CENTER IN THE COUNTY OF HENNEPIN AND THE STATE
OF MINNESOTA
SPECIAL SESSION
DECEMBER 30, 1985
CITY HALL
CALL TO ORDER
The Brooklyn Center Housing and Redevelopment Authority met in special session and
was called to order by Chairman Dean Nyquist at 11:37 p.m.
ROLL CALL
Chairman Dean Nyquist, Commissioners Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were HRA Director Gerald Splinter, Finance Director Paul
Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron
Warren, City Attorney John Dean, and Deputy City Clerk Geralyn Barone.
APPROVAL OF MINUTES - DECEMBER 11, 1985
There was a motion by Commissioner Scott and seconded by Commissioner Hawes to
approve the minutes of the December 11, 1985 Brooklyn Center Housing and
Redevelopment Authority meeting as submitted. The motion passed
p Y g P unanimously.
RESOLUTION
The HRA Director introduced a Resolution Authorizing Execution of Purchase
Agreement for Texas Air Property. Councilmember Hawes asked who RFI is, and the
City Attorney stated that this is a Minnesota Corporation with the principal owners
of Jim Ryan and Ronald Fletcher.
RESOLUTION NO. 85 -22
Member Gene Lhotka introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF REAL ESTATE AGREEMENT
The motion for the adoption of the foregoing resolution was duly seconded by member
Rich Theis, and the motion passed unanimously.
ADJOURNMENT
There was a motion by Commissioner Lhotka and seconded by Commissioner Theis to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center Housing
and Redevelopment Authority meeting adjourned at 11:40 p.m.
Chairman
12 -30 -85 -1-
L�
MINUTES OF THE PROCEEDINGS OF THE HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN
CENTER IN THE COUNTY OF HENNEPIN AND THE STATE
OF MINNESOTA
SPECIAL SESSION
JANUARY 13, 1986
CITY HALL
CALL TO ORDER
The Brooklyn Center Housing and Redevelopment Authority met in special session and
was called to order by Chairman Dean Nyquist at 8:58 p.m.
ROLL CALL
Chairman Dean Nyquist, Commissioners Gene Lhotka, Celia Scott, Bill Hawes, and Rich
Theis. Also present were HRA Director Gerald Splinter, Finance Director Paul
Holmlund, Director of Public Works Sy Knapp, Director of Planning & Inspection Ron
Warren, City Attorney John Dean, HRA Coordinator Brad Hoffman, Personnel
Coordinator Geralyn Barone, and Administrative Aid Patti Page.
RESOLUTIONS
RESOLUTION NO. 86 -01
Member Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT RELATING TO DEVELOPMENT PROPOSALS
The motion for the adoption of the foregoing resolution was duly seconded by member
Rich Theis, and the motion passed unanimously.
The City Manager introduced a Resolution Approving Apportionment of Survey,
Platting, and Engineering Costs. Councilmember Hawes asked if these costs were
anticipated, and the City Manager responded affirmatively.
RESOLUTION NO. 86 -02
Member Rich Theis introduced the following resolution and moved its adoption:
RESOLUTION APPROVING APPORTIONMENT OF SURVEY, PLATTING, AND ENGINEERING COSTS
The motion for the adoption of the foregoing resolution was duly seconded by member
Bill Hawes, and the motion passed. Commissioner Lhotka voted against the
resolution.
RESOLUTION NO. 86 -03
Member Rich Theis introduced the following resolution and moved its adoption
RESOLUTION DESIGNATING DEPOSITORIES OF HRA FUNDS
The motion for the adoption of the foregoing resolution was duly seconded by member
Gene Lhotka, and the motion passed unanimously.
ADJOURNMENT
There was a motion by Commissioner Theis and seconded by Commissioner Lhotka to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center Housing
and Redevelopment Authority meeting adjourned at 9:01 p.m.
Chairman
1 -13 -86 -1-
Member introduced the following resolution and
moved its adoption:
HRA RESOLUTION NO.
RESOLUTION AUTHORIZING THE EXECUTION OF A PETITION
AND AGREEMENT REGARDING SPECIAL ASSESSMENTS
WHEREAS, representatives of the Housing and Redevelopment Authority
in and for the City of Brooklyn Center (HRA) and the City of Brooklyn Center
(City) have presented to the HRA a proposed agreement entitled: "Petition
and Agreement Regarding Special Assessments" by and between the HRA, Brookdale
III Limited Partnership and Brookdale Corporate Center A Limited Partnership;
and
WHEREAS, the HRA has reviewed such agreement and the Project proposed
therein and finds that the same are appropriate and in furtherance are the
Earle Brown Farm Redevelopment District; and
NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment
Authority in and for the City of Brooklyn Center as follow:
1. The proposed Petition and Agreement Regarding Special Assessments_
is hereby approved.
2. The Executive Director and Commission Chairman are hereby author-
ito zed to execute such contract in the name of and on behalf of
the HRA.
3. The Executive Director and Commission Chairman are hereby author-
ized to take such steps as are necessary to carry out the
objectives of the HRA thereunder as may be required of the HRA
pursuant to the terms of the agreement.
Date Chairman
The motion for the adoption of the foregoing resolution was duly seconded
by member , 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.
PETITION AND AGREEMENT
REGARDING SPECIAL ASSESSMENTS
THIS AGREEMENT, made and entered into this day of ,
1986 by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF BROOKLYN CENTER, a Minnesota public body corporate and politic (HRA),
BROOKDALE THREE LIMITED PARTNERSHIP, a Minnesota limited partnership (Brookdale
Three), BROOKDALE CORPORATE CENTER, A LIMITED PARTNERSHIP, a Minnesota limited'
partnership (Brookdale) (said three parties being collectively referred to as
Petitioner) and the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation
(City).
WITNESSETH:
WHEREAS, Petitioners are individually the owners of those separate
tracts of land as shown on the attached Exhibit A; and
WHEREAS, the parties did on the 19th day of December, 1985 enter into
that certain agreement entitled: "Contract for Private Development"
(Development Agreement); and
WHEREAS, pursuant to said Development Agreement the parties hereto
contemplated the construction of a storm water holding pond and appurtenant
structures and facilities upon land owned by Brookdale Three and Brookdale
(Public Improvement) and to waive certain rights as described in the Development
Agreement and as hereinafter contained; and
WHEREAS, the Petitioners each agree and represent that the
construction of such public improvement will confer a special benefit upon each
Petitioner's land; and
WHEREAS, the Petitioners represent to the City that they are the owners
of all of the lands abutting upon and specially benefited by the contemplated
Public Improvement.
1
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained hereinafter and in the Development Agreement, the parties hereto
stipulate and agree as follows:
1. Petition Petitioners hereby petition the City for the construction of the
Public Improvement containing the following components
a) Storm water holding pond to be located upon the Brookdale and Brookdale
Three properties.
b) Outfall pipe system to transfer storm water from the pond to the City's
storm sewer system.
c) Four inlet pipes.
d) Water pipe from the City's well to the pond.
e) All appurtenant facilities and structures.
The Engineer's Report for such public improvement as prepared by Westwood
Planning and Engineering Company is attached hereto as Exhibit B.
2. Cost The Petitioners acknowledge that the cost of construction of such
Public Improvement will be approximately $168,543. The Petitioners also
acknowledge that their properties will be benefited in an aggregate amount
at least equal to the cost of the Public Improvement and each Petitioner for
itself represents and agrees that the portion of the cost allocated to each
such Petitioner's property as hereinafter provided, will be less than or
" equal to the special benefit conferred upon such property as measured by
fair market value.
3. Allocation of Cost -- Special Assessment Petitioners request that the City
specially assess 100% of the cost of the Public Improvement against their
property; and that the City apportion such cost in the following manner.
2
a) Storm Water Pond and Appurtenant Facilities (estimated total cost
$71,995).
Brookdale 44.15 %, plus 50% of costs exceeding the estimated costs
Brookdale Three - 44.15 %, plus 50% of costs exceeding the estimated
costs
HRA 11.70 %, but not to exceed $8,413.
b) Outfall Pipe System and Appurtenant Facilities (estimated total cost =
$69,575).
Brookdale - 42.10 %, plus 50% of costs exceeding the estimated costs
Brookdale Three - 42.10 %, plus 50% of costs exceeding the estimated
costs
HRA - 15.8 %, but not to exceed 11,031.
c) Well Connectin- Pipe and Appurtenant Facilities (estimated total cost =
$3,630).
Brookdale - 50%
Brookdale Three - 50
d) Inlet Pipes and Appurtenant Facilities
Brookdale 100% of pipe collecting its property (estimated total cost
= $,4093) and 50% of pipe collecting from Brookdale and
Brookdale Three (estimated total cost = $4,600). Estimated
total - $6,393.
Brookdale Three - 100% of pipe collecting its property (estimated total
cost – $8,623) and 50% of pipe collecting from
Brookdale and Brookdale Three (estimated total cost -
$4,600). Estimated total = $10,923.
HRA - 100% of pipe collecting its property (estimated total cost =
$6,027).
4. Waiver of Challenge Petitioners for themselves and their successors and
assigns each hereby waives its right to question the validity or the amount
of any special assessment for the Public Improvement made and apportioned as
herein contained, and specifically waives any such rights contained in
Minnesota Statutes, Section 429.031, subdivision 3.
3
5. Undertaking by City The City acknowledges receipt of the herein contained
petition, agrees to conduct the necessary proceedings for construction of
the Public Improvements pursuant to Minnesota Statutes, Chapter 429. The
City also represents that it has reviewed the allocation of the costs of the
Public Improvement as hereinabove contained and finds such allocation to be
reasonable and in conformity with established policies of the City. The
City agrees to specially assess the costs of such Public Improvements on the
basis of such allocation; such special assessments to be payable over a 10
year period and bearing interest at the rate of 10% per annum on the unpaid
balance.
IN WITNESS WHEREOF, the Petitioners have caused this Agreement and Petition
to be duly executed in their names and behalf, and the City has caused this
Agreement to be executed as of the day and year first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF BROOKLYN
CENTER, MINNESOTA
s
Its Executive Director
By
Its Commission Chairman
CITY OF BROOKLYN CENTER
By
Its Mayor
By
Its City Manager
4
BROOKDALE THREE LIMITED PARTNERSHIP
By
The
of Ryan Properties, Inc.,
its General Partner
BROOKDALE CORPORATE CENTER, A
LIMITED PARTNERSHIP
By
The
of Ryan Properties, Inc.,
its General.Partner
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing g g was acknowledged before me this day of
, 1986, by and
the Executive Director and Commission Chairman of the Housing and Redevelopment
Authority in and for the City of Brooklyn Center, Minnesota.
Notary Public
STATE OF MINNESOTA )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1986, by and
the Mayor and City Manager of the City of Brooklyn Center, Minnesota.
Notary Public
5
r
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1986, by and
the Brookdale Three Limited Partnership, a Minnesota limited partnership, on
behalf of said partnership.
Notary Public
STATE OF MINNESOTA )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1986, by and
the of Ryan Properties, Inc., the general partner of
Brookdale Corporate Center, a Minnesota limited partnership, on behalf of said
partnership.
Notary Public
6
Exhibit A
'i
Ownership
Brookdale Three
Tracts A and H, Registered Land Survey No. 1594
Brookdale
Tracts B, G, C and E, Registered Land Survey No. 1594
HRA
Tracts D and F, Registered Land Survey No. 1594
7
BROOKLYN FARM AREA STORM DRAINAGE SYSTEM
SUMMARY OF COST ESTIMATE AND SPECIAL ASSESSMENTS
PROJECT NO. 1986 -08
I COST ESTIMATE
------------------------
System I I }
Component
ICost I Holding IAugmentationl Outfall I Inlet #1 I Inlet #2 I Inlet #3 I Inlet #4 I
(Estimate I Pond I Well I Pipe I (from NE) I(from East) I(from South)I(from West) I TOTALS I
I-- ------- ------- ----- --- --- I-- ---- ------ I- --- ----- - -- I- -- ------ - -- I - -- -- --- -- I- ----- - - ---- I --- --- - - - - -- I ---- --- - - -- I ------ - -- - --
IConstruction Cost I $59,500 I $3,000 I $57,500 I $3,383 I $4,981 I $7,127 I $3,802 I $139,293 I
I----- ----- -- --------- -- ---- I - -- - ----- I- --------- -- I---- -------- I------ - - - - -- I ------ - - - - -- I-- ---- - - - - -- I ----- - --- - -- I ------ - ----- I
I 1 OX Contingency I 5,950 I 300 ( 5,750 I 338 I 498 I 713 I 380 I $13,929 I
I---- --- -- --------- ---- - ---- I- --- -- -- ---- I- ----------- I--- --- -- ---- I ---- -- - - ---- I ------ - -- --- I ----- --- - - -- I ----- -- --- -- i--- --- - ----- I
11% Administrative Cost I 595 I 30 I 575 ( 34 I 50 I 71 I 38 I $1,393 I
I---- ------ --- ---- ----- - ---- I ---- -- -- - - -- I --------- - -- I-- -- -- - --- -- I----- -- ----- I----- - - -- - -- I-- ---- - - - - -- I----- --- - - -- I ------ --- - -- I
15% Engineering Design I 2,975 I 150 I 2,875 I 169 I 249 I 356 I 190 I $6,964 I
I----- ----- --- ---- -- --- --- -- I ---- -- --- - -- I- -- ----- - - -- I- --- ---- - --- ------- -- --- --- - - -- -- I-- ---- - - - - -- I ------------ I---- -- - --- --
I5X Construction Supervision) 2,975 I 150 ( 2,875 I 169 i 249 I 356 I 190 I $6,964 I
I -=-=== I
ITotals $71,995 $3,630 $69,575 $4,093 $6,027 $8,623 $4,600 $168,543 I
II ESTIMATED SPECIAL
ASSESSMENTS
----------- ----- -- --- ----- ----- --- - - - --- I ----- - - - - - -- I -- - - -- - -- { I I I I
(1) T3�
- --------------------------------------------------------------
3 I $0 $6,027 $0 $0 $25,471
Ito HRA I $8,41 $0 $11,031
} --------------------------- I - - - - -- - - - -� ------ - - - - -- I ------- - - -(4) I ------------ I ------ - - - - -- I ------ - - - - -- i ------ - - - - -- I ------ - - - - --
Ito Brookdale I 31,791 I 1,815 I 29,272 I 0 i 0 I 8,623 I 2,300 I $73,801
I--------------------- - - - - -- I---------- [�) }------ - - - - -- I---- - - - - -- 14) 1------ - - - - -- I------ - - - - -- i-- ---- - - - - -- I- ----- - -- - -- I--- --- - - - - --
Ito Brookdale Three } 31,791 I 1,815 I 29,272 I 4,093 I 0 I 0 I 2,300 I $69,271
ITotals $71,995 $3,630 $69,575 $4,093 $6,027 $8,623 $4,600 $168,543
NOTES:
(1) Calculation of HRA share of Holding Pond costs
Total Pond costs = $71,995 $71,995
less: Brookdale's and Brookdale Three's Basic cost (40,000)
less: costs for construction of trail around pond
_ $2,800 x 1.21 (3,388)
less: costs for irrigation system around pond
$5,000 x 1.21 (6,050)
Net costs to be distributed $22,557
times HRA share of runoff as per Westwood calculations
(see Note 5) x 0.373
---- - - -- --
HRA Share $8,414 Note: 8,413171,995 = 11.7X
(2) Balance of holding pond cost distribution to be split
evenly between Brookdale and Brookdale Three:
($71,995 - 8,413) X .5 = $31,791 each parcel = 44.15% each parcel
(3) Calculation of HRA share of Outfall Pipe Cost:
Total Outfall Pipe Cost $69,575
less: Brookdale's and Brookdale Three's Basic cost (40,000)
Net costs to be distributed $29,575
times HRA share of runoff as per Westwood calculations
(see Note 5) x 0.373
HRA Share $11,031
(4) Balance of Outfall Pipe Cost distribution to be split
evenly between Brookdale and Brookdale Three
($69,575 - 11,031) X .5 = $29,272 each parcel = 42.1Z each parcel
(5) Analysis of Quantity of runoff to pond (from Westwood report)
Q from CB 51 to NE inlet 9.35 (Brookdale parcel)
Q from CB 52 to West inlet 9.10 (split between Brookdale and Brookdale Three)
Q from CB 53 to South inlet 14.67 (Brookdale Three parcel)
Q from CB 62 to East inlet 19.72
------------
TOTAL 52.84
HRA Share 19.72/52.84 = 37.3%