HomeMy WebLinkAbout2015 10-12 EDAPEDA MEETING
City of Brooklyn Center
October 12, 2015 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. September 28, 2015 - Regular Session
4.Public Hearings
a. Resolution Approving Purchase and Redevelopment Agreement and Conveyance
of Certain Property Located at 5649 Brooklyn Boulevard
—On September 14, 2015, the EDA called for a Public Hearing to be held
October 12, 2015; notice was published in the official newspaper on October 1,
2015.
Requested Commission Action:
—Motion to open Public Hearing.
—Take public input.
—Motion to close Public Hearing.
—Motion to adopt resolution.
5.Commission Consideration Items
a. Resolution Approving Agreements Related to the Development of the
Opportunity Site
Requested Commission Action:
—Motion to adopt resolution.
6.Adjournment
EPA Agenda Item No. 3a
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
SEPTEMBER 28, 2015
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 10:03 p.m.
2.ROLL CALL
President Tim Willson and Commissioners April Graves, Lin Myszkowski, and Dan Ryan.
Commissioner Kris Lawrence-Anderson was absent and excused. Also present were Business
and Development Gary Eitel, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off
Site Secretarial, Inc.
3.APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Ryan moved and Commissioner Graves seconded to approve the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. September 14, 2015 —Regular Session
Motion passed unanimously.
4.COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2015-20 ACCEPTING BID AND AWARDING
CONTRACT FOR DEMOLITION OF EDA OWNED PROPERTY
LOCATED AT 5900 SHINGLE CREEK PARKWAY (BROOKDALE
SQUARE COMMERCIAL CENTER)
Director of Business and Development Gary Eitel introduced the item, discussed the history, and
stated the purpose of the proposed resolution.
Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO.
2015-20 Accepting Bid and Awarding Contract for Demolition of EDA Owned Property Located
at 5900 Shingle Creek Parkway (Brookdale Square Commercial Center).
09/28/15 -1- DRAFT
Motion passed unanimously.
5. ADJOURNMENT
Commissioner Ryan moved and Commissioner Graves seconded adjournment of the Economic
Development Authority meeting at 10:09 p.m.
Motion passed unanimously.
09/28/15 -2- DRAFT
EPA Agenda Item No. 4a
EDA ITEM MEMORANDUM
DATE: October 12, 2015
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Resolution Approving Purchase and Redevelopment Agreement and Conveyance
of Certain Property located at 5649 Brooklyn Boulevard.
Recommendation:
It is recommended that the Economic Development Authority consider approval/adoption of a
Resolution Approving Purchase and Redevelopment Agreement and Conveyance of Certain
Property Located at 5649 Brooklyn Boulevard.
Background:
On September 14, 2015, the EDA considered an offer from Novak & Fleck, Inc. to acquire the
vacant lot at 5649 Brooklyn Boulevard for the purpose of constructing a 5-bedroom, 2-bath split
entry home with a three car attached garage.
The EDA adopted Resolution No. 2015-19, a resolution calling for a public hearing on October
12, 2015 regarding the sale of land located at 5649 Brooklyn Boulevard.
Attached for your reference is a copy of the September 14, 2015 staff memorandum and copy of
the floor plans and building exterior provided by Novak-Fleck, Inc. for a 2,172 sf1 split-entry
home that includes the following:
• 1,058 sf. on the main floor (3 bedrooms, bath, living room, dining room, kitchen, with
options for a deck off of the dining area);
o 108 sf. foyer with stairway to lower level;
o 1,008 sf. on the lower lookout level (identified as future 2 bedrooms, bath, family room
and mechanical room; and
• a three car garage.
On October 1, 2015, a notice of public hearing regarding this land sale was published in the
Official Newspaper. Attached is a copy of the Affidavit of Publication.
Purchase and Redevelopment Agreement
The City Attorney has prepared the enclosed Purchase and Redevelopment Agreement, which
includes the following components related to the EDA' s sales of this vacant lot for an infill
development of a new single family residence:
• The purchase price is $25,000.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
• The buyer agrees that it will construct a new single family dwelling on the Property,
intended for sale to a person or persons for residential occupancy (an Owner
Occupant).
• The minimum improvements shall consist of a house with approximately 2,172 gross
square feet, 5-bedrooms and a 3-car attached garage and shall be constructed
substantially in accordance with the plans on file in City Hall.
• The minimum improvements must be substantially completed by June 30, 2016.
Construction will be considered substantially complete when the final certificate of
occupancy has been issued by the City of Brooklyn Center building official. At this
time, a Certificate of Completion for the Minimum Improvements will be issued by
the EDA.
• The Buyer shall convey the Property to an Owner Occupant whose household income
does not exceed:
(a)100% of median income in the case of one or two person household Owner
Occupant, or
(b)115% of the median income in the case of three or more persons household
Owner Occupants. The average median income for the seven-county
metropolitan area for 2015 is $86,400.
• Provisions which provide the EDA with the rights to re-enter and take possession of
the property in the event the buyer does not carry out the obligations with respect to
the construction of the Minimum Improvements or abandons or substantially
suspends construction.
Budget Issues:
The proceeds from this land sale are considered Tax Increment Revenues and will be placed
back into the TIF 3 Housing Fund.
Strategic Priorities:
Targeted Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT
AGREEMENT AND CONVEYANCE OF CERTAIN PROPERTY LOCATED
AT 5649 BROOKLYN BOULEVARD RESOLUTION
BE IT RESOLVED by the Board of Commissioners ("Board") of the Economic
Development Authority of Brooklyn Center, Minnesota ("Authority") as follows:
Section 1. Recitals.
1.01. The Authority is authorized pursuant to Minnesota Statutes, Sections
469.090 to 469.1081 (the "EDA Act"), to acquire and convey real property and to undertake
certain activities to facilitate the development of real property by private enterprise.
1.02. To facilitate development of certain property in the City of Brooklyn Center,
Minnesota (the "City"), the Authority proposes to enter into a Purchase and Redevelopment
Agreement (the "Contract") between the Authority and Novak-Fleck Incorporated (the "Buyer"),
under which, among other things, the Authority will convey the property located in the City at 5649
Brooklyn Boulevard and legally described as:
Lot 5, Block 7, "Pearson's Northport 1st Addition", according to the recorded
plat thereof, Hennepin County, Minnesota. [Torrens]
(the "Property") to the Buyer to construct a new single family dwelling on the
Property, intended for sale to an individual or family for residential occupancy.
1.03. The Authority has on this date conducted a duly noticed public hearing
regarding the sale of the Property to Buyer, at which all interested persons were given an
opportunity to be heard.
1.04. The Authority finds and determines that conveyance of the Property to the
Buyer is in the public interest and will further the objectives of its general plan of economic
development, because it will provide an opportunity for increased housing opportunities in the City
and serve as an impetus for further development.
Section 2. Authority Approval; Further Proceedings.
2.01. The Board hereby approves the Contract in substantially the form presented
to the Board, including conveyance of the Property to Buyer, subject to modifications that do not
alter the substance of the transaction and that are approved by the President and Executive Director,
provided that execution of the Contract by those officials shall be conclusive evidence of their
approval.
2.02. Authority staff and officials are authorized to take all actions necessary to perform
the Authority's obligations under the Contract as a whole, including without
limitation execution of any documents to which the Authority is a party referenced
in or attached to the Contract, and any deed, mortgage or other documents necessary
to convey the Property to Buyer, all as described in the Contract.
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.
October 12, 2015
Date President
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA )ss
COUNTY OF HENNEPIN
Charlene Void being duly sworn on an oath,
states or affirms that he/she is the Publishers
Designated Agent of the newspaper(s) known
as:
SP Brooklyn Ctr/Brooklyn Park
with the known office of issue being located
in the county of:
HENNEPIN
with a substantial portion of the circulation
in the counties of:
HENNEPIN
and has full knowledge of the facts stated
below:
(A)The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B)This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/01/2015 and the last
insertion being on 10/01/20 15.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
ubd. 1, clause (1) or (2). If the newspapers
cnown office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspapers
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 10/01/2015.
Notary Public
MARLENE M. MITCHELL
Notary Public-Minnesota
My Commission Expires Jan 31, 2020
v -wfwww
ate Information:
Lowest classified rate paid by commercial users
or comparable space:
$46.90 per column inch
City of Brooklyn Center
(Official Publication)NOTICE OF PUBLIC HEARING
REGARDING LAND SALE
NOTICE IS HEREBY GIVEN that
the Board of Commissioners of the
Economic Development Authority
of Brooklyn Center, Minnesota (the
"EDA") will meet at City Hall at 6301
Shingle Creek Pkwy, Brooklyn Cen-
ter, Minnesota (the 'City") at or after
7:00 p.m. on Monday, October 12,
2015 to conduct a public hearing
on the proposed sale of certain real
property f'Property'i located in the
City to Novak-Fleck Incorporated.
The Property is located in the City
at 5649 Brooklyn Boulevard and le-
gally described as:
Lot 5, Block 7, "Pearson's North-
port 1st Addition", according to the
recorded plat thereof, Hennepin
County, Minnesota. [Tbrrens]
The EDA will meet at the public
hearing to determine if the sale is
advisable. A copy of the terms and
conditions of the proposed sale of
the Property will be on file and avail-
able for inspection at City Hall dur-
ing regular business hours.
Any person wishing to express
an opinion on the matters to be con-
sidered at the public hearing will be
heard orally or in writing.
BY ORDER OF THE
BOARD OF COMMISSIONERS
10/1/15, 3SP1, PHN
5649 Brooklyn Blvd, 451830
Ad ID 451830
I aij tii ILi N..WI II 1 31 fl31'AD 3I'A i
5649 Brooklyn Boulevard
Parties. This Purchase and Redevelopment Agreement is made as of October 12, 2015
between the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER,
MINNESOTA, a public body corporate and politic under the laws of Minnesota having
its office located at 6301 Shingle Creek Parkway, Brooklyn Center, MN (the "Seller"),
and NOVAKFLECK Incorporated, a Minnesota corporation (the "Buyer").
2.Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property
legally described as follows (the "Property"):
Lot 5, Block 7, Pearson's Northport Pt Addition, according to the recorded plat
thereof, Hennepin County, Minnesota. [Abstract]
3.Price and Terms. The price for the Property is Twenty-Five Thousand Dollars
($25,000.00) which Buyer shall pay as follows: Earnest money of Five Hundred Dollars
($500.00) by check, receipt of which is hereby acknowledged by Seller, and the balance
of Twenty-Four Thousand and Five Hundred Dollars ($24,500.00) to be paid by
certified check on the Date of Closing, The "Date of Closing" shall be December 15,
2015, or such other earlier or later date as the parties mutually agree.
4.Personal Property Included in Sale. There are no items of personal property or fixtures
owned by Seller and currently located on the Property for purposes of this sale.
5.Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title
to the Property to Buyer, in substantially the form attached as Exhibit A (the "Deed").
6. Real Estate Taxes and Special Assessments. The parties agree and understand that the
Property is exempt from real estate taxes for taxes payable in the current year. Seller
shall pay on Date of Closing all special assessments levied against the Property as of the
date of this agreement, including those certified for payment with taxes due and payable
in 2015. Seller represents that there are no special assessments pending as of the date of
467160v2 BR305-100
this agreement. If a special assessment becomes pending after the date of this agreement
and before the Date of Closing, Buyer may, at Buyer's option:
A.Assume payment of the pending special assessment without adjustment to the
purchase agreement price of the Property; or
B.Require Seller to pay the pending special assessment and Buyer shall pay a
commensurate increase in the purchase price of the Property, which increase shall
be the same as the estimated amount of the assessment; or
C. Declare this agreement null and void by notice to Seller, and earnest money shall
be refunded to Buyer.
7.Closing Costs and Related Items. The Seller shall be responsible for the following costs:
(a) recording fees and conservation fees for all instruments required to establish marketable
title in Seller; and (b) deed transfer taxes and conservation fees required to be paid in
connection with the Deed be given by Seller. Buyer shall be responsible for the payment of
the following costs: (c) recording fees required to be paid in connection with this
Agreement and the Deed to be given by Seller; (d) the cost of all title evidence, including all
search and commitment fees and the premium for an owner's policy of title insurance, and
(e) closing fee, if any. Each party shall be responsible for its own attorneys' fees and costs.
8.Sewer and Water. Seller warrants that city sewer and water are available at the Property
line.
9.Condition of Property. Buyer acknowledges that it has inspected or has had the
opportunity to inspect the Property and agrees to accept the Property "AS IS." Buyer has
the right, at its own expense to take soil samples for the purpose of determining if the soil
is suitable for construction of the dwelling described in section 14 below. If the soil is
determined to be unacceptable the Buyer may rescind this agreement by written notice to
the Seller, in which case the agreement shall be null and void and all earnest money paid
hereunder shall be refunded to the Buyer. Seller makes no warranties as to the condition
of the Property.
10.Marketability of Title. The Buyer may order, in Buyer's sole discretion and at the
Buyer's expense, a commitment (the "Title Commitment") issued by any title insurance
company acceptable to Buyer ("Title"), for an owner's title insurance policy in the full
amount of the Purchase Price, showing fee simple title to the Property in Seller. Buyer
shall have fifteen (15) business days after receipt of the Title Commitment to examine the
same and to deliver written objections to Title, if any, to Seller. Seller shall have the
greater of (i) the number of days remaining until the Date of Closing or (ii) thirty (30)
days to have such objections removed or satisfied.
ON
467160v2 BR305-100
11, Title Clearance and Remedies. If Seller shall fail to have title objections timely
removed, the Buyer may, at its sole election: (a) terminate this Agreement without any
liability on its part; in which event the earnest money shall be promptly refunded in
exchange for a quit claim deed to the Property from Buyer; or (b) take title to the Property
subject to such objections.
If title is marketable, or is made marketable as provided herein, and Buyer defaults in any
of the agreements herein, Seller may elect either of the following options, as permitted by
law:
A.Cancel this contract as provided by statute and retain all payments made
hereunder as liquidated damages. The parties acknowledge their intention that
any note given pursuant to this contract is a down payment note, and may be
presented for payment notwithstanding cancellation;
B.Seek specific performance within six months after such right of action arises,
including costs and reasonable attorney's fees, as permitted by law.
If title is marketable, or is made marketable as provided herein, and Seller defaults in any
of the agreements herein, Buyer may, as permitted by law:
C.Seek damages from Seller including costs and reasonable attorney's fees;
D.Seek specific performance within six months after such right of action arises.
12.Well Disclosure. Seller certifies that the Seller does not know of any wells on the
Property.
13.Individual Sewage Treatment System Disclosure. Seller certifies that there is no
individual sewage treatment system on or serving the Property.
14. Construction and Sale of Dwelling. Buyer agrees that it will construct a new single
family dwelling on the Property, intended for sale to a person or persons for residential
occupancy (an "Owner Occupant"). This covenant shall survive the delivery of the Deed.
A.The single family dwelling described in this Section is referred to as the
"Minimum Improvements."
B.The Minimum Improvements shall consist of a house with approximately 2,176
gross square feet, 3 bedrooms and 1 bathroom on the upper level, 2 future
bedrooms and 1 bath on the lower level, and a 3 car garage and shall be
constructed substantially in accordance with the plans on file in City Hall.
Construction of the Minimum Improvements must be substantially completed by
June 30, 2016. Construction will be considered substantially complete when the
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467160v2 BR305-100
final certificate of occupancy has been issued by the City of Brooklyn Center
building official.
C.Promptly after substantial completion of the Minimum Improvements in
accordance with those provisions of the Agreement relating solely to the
obligations of the Buyer to construct such Minimum Improvements (including the
date for completion thereof), the Seller will furnish the Buyer with a Certificate of
Completion for such improvements. Such certification by the Seller shall be (and
it shall be so provided in the Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and covenants in
this Agreement and in the Deed with respect to the obligations of the Buyer and
its successors and assigns, to construct the Minimum Improvements and the dates
for completion thereof.
The certificate provided for in this Section of this Agreement shall be in such
form as will enable it to be recorded in the proper office for the recordation of
deeds and other instruments pertaining to the Property. If the Seller shall refuse or
fail to provide any certification in accordance with the provisions of this Section,
the Seller shall, within 30 days after written request by the Buyer, provide the
Buyer with a written statement, indicating in adequate detail in what respects the
Buyer has failed to complete the Minimum Improvements in accordance with the
provisions of the Agreement, or is otherwise in default, and what measures or acts
it will be necessary, in the opinion of the Seller for the Buyer to take or perform in
order to obtain such certification.
D.The Buyer represents and agrees that until issuance of the Certificate of Completion
for the Minimum Improvements:
(1)Except for any sale to an Owner Occupant, the Buyer has not made
or created and will not make or create or suffer to be made or created any total or
partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in
any other mode or form of or with respect to this Agreement or the Property or
any part thereof or any interest therein, or any contract or agreement to do any of
the same, to any person or entity (collectively, a "Transfer"), without the prior
written approval of the Seller's Board of Commissioners. The term "Transfer"
does not include encumbrances made or granted by way of security for, and only
for, the purpose of obtaining construction, interim or permanent financing
necessary to enable the Buyer or any successor in interest to the Property, or any
part thereof, to construct the Minimum Improvements or component thereof.
(2)If the Buyer seeks to effect a Transfer to any person or entity other
than an Owner Occupant prior to issuance of the Certificate of Completion, the
Seller shall be entitled to require as conditions to such Transfer that:
ri
467160v2 BR305-100
(i)any proposed transferee shall have the qualifications and
financial responsibility, in the reasonable judgment of the Seller, necessary
and adequate to fulfill the obligations undertaken in this Agreement by the
Buyer as to the portion of the Property to be transferred; and
(ii)Any proposed transferee, by instrument in writing
satisfactory to the Seller and in form recordable in the public land records
of Hennepin County, Minnesota, shall, for itself and its successors and
assigns, and expressly for the benefit of the Seller, have expressly assumed
all of the obligations of the Buyer under this Agreement as to the portion
of the Property to be transferred and agreed to be subject to all the
conditions and restrictions to which the Buyer is subject as to such portion;
provided, however, that the fact that any transferee of, or any other
successor in interest whatsoever to, the Property, or any part thereof, shall
not, for whatever reason, have assumed such obligations or so agreed, and
shall not (unless and only to the extent otherwise specifically provided in
this Agreement or agreed to in writing by the Seller) deprive the Seller of
any rights or remedies or controls with respect to the Property, the
Minimum Improvements or any part thereof or the construction of the
Minimum Improvements; it being the intent of the parties as expressed in
this Agreement that (to the fullest extent permitted at law and in equity
and excepting only in the manner and to the extent specifically provided
otherwise in this Agreement) no transfer of, or change with respect to,
ownership in the Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or involuntary,
shall operate, legally, or practically, to deprive or limit the Seller of or with
respect to any rights or remedies on controls provided in or resulting from
this Agreement with respect to the Property that the Seller would have had,
had there been no such transfer or change. In the absence of specific
written agreement by the Seller to the contrary, no such transfer or
approval by the Seller thereof shall be deemed to relieve the Buyer, or any
other party bound in any way by this Agreement or otherwise with respect
to the Property, from any of its obligations with respect thereto.
(iii) Any and all instruments and other legal documents
involved in effecting the transfer of any interest in this Agreement or the
Property governed by this subsection D. shall be in a form reasonably
satisfactory to the Seller.
(3) If the conditions described in paragraph (2) above are satisfied then
the Transfer will be approved and the Buyer shall be released from its obligation
under this Agreement, as to the portion of the Property that is transferred,
467160v2 BR305100
assigned, or otherwise conveyed. The provisions of this paragraph (3) apply to all
subsequent transferors.
(4) Upon issuance of the Certificate of Completion, the Buyer may
Transfer the Property and/or the Buyer's rights and obligations under this Agreement
with respect to such Property without the prior written consent of the Seller, except
to the extent required under paragraph F of this Section.
E.The Buyer, and its successors and assigns, agree that they (a) will use the
Minimum Improvements only as a single family dwelling, and in the case of an
Owner Occupant, will occupy the Property as a residence, (b) will not seek
exemption from real estate taxes on the Property under State law, and (c) will not
transfer or permit transfer of the Property to any entity whose ownership or
operation of the Property would result in the Property being exempt from real
estate taxes under State law (other than any portion thereof dedicated or conveyed
to the City of Brooklyn Center or Seller in accordance with this Agreement). The
covenants in this paragraph run with the land, survive both delivery of the Deed and
issuance of the Certificate of Completion for the Minimum Improvements, and shall
remain in effect for 15 years after the Date of Closing.
F.The Buyer shall convey the Property (either before or after issuance of the
Certificate of Completion) to an Owner Occupant whose household income does
not exceed (a) 100% of median income in the case of one or two person household
Owner Occupants, or (b) 115% of median income in the case of three or more
person household Owner Occupants. The term "median income" means the median
income in the seven-county metropolitan area, or the State as a whole, whichever is
greater, using income data available from the Minnesota Housing Finance Agency
as of the date of closing on sale to the Owner Occupant. Prior to closing on sale the
Property by Buyer to an Owner Occupant, Buyer shall:
(1)Notify the Seller in writing that the proposed Owner Occupant will meet
the income qualifications under this paragraph; and
(2)Submit to Seller evidence of Owner Occupant's income in a form
satisfactory to Seller, evidencing compliance with the income limits described
above. The covenant in this Section applies only to the first sale of the Property to
an Owner Occupant, and does not apply to any subsequent sale by an Owner
Occupant to any other person or party.
15. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to
Buyer. In the event that subsequent to conveyance of the Property or any part thereof to the
Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the Minimum
Improvements, the Buyer, subject to Unavoidable Delays (as hereafter defined), fails to
carry out its obligations with respect to the construction of the Minimum Improvements
(including the nature and the date for the completion thereof), or abandons or substantially
6
467160v2 BR305-100
suspends construction work, and any such failure, abandonment, or suspension shall not be
cured, ended, or remedied within 30 days after written demand from the Seller to the Buyer
to do so, then the Seller shall have the right to re-enter and take possession of the Property
and to terminate (and revest in the Seller) the estate conveyed by the Deed to the Buyer, it
being the intent of this provision, together with other provisions of the Agreement, that the
conveyance of the Property to the Buyer shall be made upon, and that the Deed shall contain
a condition subsequent to the effect that in the event of any default on the part of the Buyer
and failure on the part of the Buyer to remedy, end, or abrogate such default within the
period and in the manner stated in such subdivisions, the Seller at its option may declare a
termination in favor of the Seller of the title, and of all the rights and interests in and to the
Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer,
and any assigns or successors in interest to and in the Property, shall revert to the Seller, but
only if the events stated in this Section have not been cured within the time periods
provided above.
For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond
the reasonable control of the Buyer as a result thereof which are the direct result of strikes,
other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the
Minimum Improvements, litigation commenced by third parties which, by injunction or
other similar judicial action, directly results in delays, or acts of any federal, state or local
governmental unit (other than the Seller in exercising its rights under this Agreement)
which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's
obtaining of permits or governmental approvals necessary to enable construction of the
Minimum Improvements by the dates such construction is required under this section of this
Agreement.
16. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the
Seller of title to and/or possession of the Property or any part thereof as provided in Section
15, the Seller shall apply the purchase price paid by the Buyer under Section 4 of this
Agreement as follows:
(a) First, to reimburse the Seller for all costs and expenses incurred by the Seller,
including but not limited to proportionate salaries of personnel, in connection with
the recapture, management, and resale of the Property or part thereof (but less any
income derived by the Seller from the Property or part thereof in connection with
such management); all taxes, assessments, and water and sewer charges with
respect to the Property or part thereof (or, in the event the Property is exempt from
taxation or assessment or such charge during the period of ownership thereof by
the Seller, an amount, if paid, equal to such taxes, assessments, or charges (as
determined by the Seller assessing official) as would have been payable if the
Property were not so exempt); any payments made or necessary to be made to
discharge any encumbrances or liens existing on the Property or part thereof at the
time of revesting of title thereto in the Seller or to discharge or prevent from
attaching or being made any subsequent encumbrances or liens due to obligations,
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467160v2 BR305-100
defaults or acts of the Buyer, its successors or transferees; any expenditures made
or obligations incurred with respect to the making or completion of the Minimum
Improvements or any part thereof on the Property or part thereof; and any amounts
otherwise owing the Seller by the Buyer and its successor or transferee; and
(b) Second, to reimburse the Buyer for the balance of the purchase price remaining
after the reimbursements specified in paragraph (a) above. Such reimbursement
shall be paid to the Buyer upon delivery of an executed, recordable warranty deed
to the Property by the Buyer to the Seller.
17.Time is of the essence for all provisions of this contract.
18.Notices. All notices required herein shall be in writing and delivered personally or
mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the
date of mailing.
19.Minnesota Law. This contract shall be governed by the laws of the State of Minnesota.
20.Specific Performance. This Agreement may be specifically enforced by the parties,
provided that an action is brought within one year of the date of alleged breach of this
Agreement.
21.No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or
Buyer is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given
under this Agreement or now or hereafter existing at law or in equity or by statute. No
delay or omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right and
power may be exercised from time to time and as often as may be deemed expedient.
22.No Merger of Representations, Warranties. All representations and warranties contained
in this Purchase Agreement shall not be merged into any instruments or conveyance
delivered at closing, and the parties shall be bound accordingly.
23. Recording. This Agreement shall be filed of record with the Hennepin County Registrar of
Titles. Buyer shall pay all recording costs.
8
467160v2 BR305-100
In witness of the foregoing, the parties have executed this agreement on the year and date
written above.
SELLER:
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER, MINNESOTA
By:
Tim Willson
Its President
By:
Curt Boganey
Its Executive Director
STATE OF MINNESOTA
} ss.
COUNTY OF HENINEPIN
This instrument was acknowledged before me on this day of October, 2015, by
Tim Willson and Curt Boganey, the President and Executive Director, respectively, of the
Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and
politic under the laws of Minnesota, on behalf of the public body corporate and politic.
(Stamp)
Notary Public
S1
467160v2 BR305-100
BUYER:
NOVAK-FLECK INCORPORATED
By:
Its: 6ctYr
STATE OF MINNESOTA )
} ss.
COUNTY OF HENNEPIN )
The forg9ing was ac kn owledged before me this day o&Pflti '20 15, by
AA
'
the v1S 4e4 i1t of Novak-Fleck Incorporated, a
Minnesota corporation, on behalf of the corporation.
CANDICE L. JOHN Notary Pub(^c)Notary Public-Minna t
01
This document drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
MN 55402
S-2
467160v2 BR305-100
EXHIBIT A
to
PURCHASE AND REDEVELOPMENT AGREEMENT
FORM OF QUIT CLAIM DEED
Deed Tax Due: $85.00
ECRV
QUIT CLAIM DEED
THIS INDENTURE, between the Economic Development Authority of Brooklyn Center,
Minnesota, a Minnesota public body corporate and politic (the "Grantor"), and Novak-Fleck
Incorporated, a Minnesota corporation (the "Grantee").
WITNESSETH, that Grantor, in consideration of the sum of $25,000 and other good and
valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain,
quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of
land lying and being in the County of Hennepin and State of Minnesota described as follows,
to-wit (such tract or parcel of land is hereinafter referred to as the "Property"):
Lot 5, Block 7, "Pearson's Northport 1st Addition", according to the recorded plat
thereof, Hennepin County, Minnesota. [Torrens]
Check here if all or part ofproperty is registered (Torrens)
To have and to hold the same, together with all the hereditaments and appurtenances
thereunto belonging.
SFTT()N 1
It is understood and agreed that this Deed is subject to the covenants, conditions,
restrictions and provisions of the Purchase and Redevelopment Agreement recorded herewith,
between the Grantor and Grantee, dated as of , 2015 (the "Agreement") and that
the Grantee shall not convey this Property, or any part thereof, except as permitted by the
Agreement until a certificate of completion releasing the Grantee from certain obligations of said
Agreement as to this Property or such part thereof then to be conveyed, has been placed of
record .This provision, however, shall in no way prevent the Grantee from mortgaging this
Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting
the Minimum Improvements thereon (as defined in the Agreement) in conformity with the
Agreement, any applicable development program and applicable provisions of the zoning
ordinance of the City of Brooklyn Center, Minnesota, or for the refinancing of the same.
A-i
467160v2 BR305-100
It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to
completion the redevelopment of the Property through the construction of the Minimum
Improvements thereon, as provided in the Agreement.
Promptly after completion of the Minimum Improvements in accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument
so certifying. Such certification by the Grantor shall be (and it shall be so provided in the
certification itself) a conclusive determination of satisfaction and termination of the agreements
and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee,
and its successors and assigns, to construct the Minimum Improvements and the dates for the
beginning and completion thereof. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a
mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the
Property hereby conveyed or the Minimum Improvements, or any part thereof.
All certifications provided for herein shall be in such form as will enable them to be
recorded with the County Recorder, or Registrar of Titles, Hennepin County, Minnesota. If the
Grantor shall refuse or fail to provide any such certification in accordance with the provisions of
the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by
the Grantee, provide the Grantee with a written statement indicating in adequate detail in what
respects the Grantee has failed to complete the Minimum Improvements in accordance with the
provisions of the Agreement or is otherwise in default, and what measures or acts it will be
necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain
such certification.
SFCTION 2.
The Grantee's rights and interest in the Property are subject to the terms and conditions of
Sections 14 and 15 of the Agreement relating to the Grantor's right to re-enter and revest in
Grantor title to the Property under conditions specified therein, including but not limited to the
condition subsequent that the Grantee substantially complete construction of the Minimum
Improvements by June 30, 2016 and that the Grantee shall transfer or convey the Property and
Minimum Improvements thereon only in accordance with Sections 14D and 14F.
SECTION 3.
The Grantee agrees for itself and its successors and assigns to or of the Property or any
part thereof, hereinbefore described, that the Grantee and such successors and assigns shall
comply with Section 14E of the Agreement for a period of 15 years after the date hereof.
It is intended and agreed that the above and foregoing agreements and covenants shall be
covenants running with the land for the respective terms herein provided, and that they shall, in
any event, and without regard to technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided in this Deed, be binding, to the fullest extent
A-2
467160v2 BR305-100
permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor
against the Grantee, its successors and assigns, and every successor in interest to the Property, or
any part thereof or any interest therein, and any party in possession or occupancy of the Property
or any part thereof.
In amplification, and not in restriction of, the provisions of the preceding section, it is
intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and
covenants provided herein, both for and in its own right, and also for the purposes of protecting
the interest of the community and the other parties, public or private, in whose favor or for whose
benefit these agreements and covenants have been provided. Such agreements and covenants
shall run in favor of the Grantor without regard to whether the Grantor has at any time been,
remains, or is an owner of any land or interest therein to, or in favor of, which such agreements
and covenants relate. The Grantor shall have the right, in the event of any breach of any such
agreement or covenant to exercise all the rights and remedies, and to maintain any actions or
suits at law or in equity or other proper proceedings to enforce the curing of such breach of
agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may
be entitled; provided that Grantor shall not have any right to reenter the Property or revest in the
Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its
obligations under this Section 3.
IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its
behalf by its President and Executive Director this _______ day of, 2015.
V The Seller certifies that the Seller does
not know of any wells on the described
real property.o A well disclosure certificate accompanies
this document or has been electronically
filed. (If electronically filed, insert
WDC number:o I am familiar with the property described
in this instrument and I certify that the
status and number of wells on the
described real property have not
changed since the last previously filed
well disclosure certificate.
A-3
467160v2 BR305-100
GRANTOR
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER, MINNESOTA
By
Tim Willson
Its President
By
Curt Boganey
Its Executive Director
STATE OF MINNESOTA )
) ss
COUNTY OF______ )
This instrument was acknowledged before me on this day of by
Tim Willson and Curt Boganey, the President and Executive Director, respectively, of the
Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and
politic under the laws of Minnesota, on behalf of the public body corporate and politic.
(Stamp)
Notary Public
This instrument was drafted by: Tax Statements should be sent to:
Kennedy & Graven, Charted (JSB) Novak-Fleck Incorporated
470 U.S. Bank Plaza 8857 Zealand Avenue North
200 South Sixth Street Brooklyn Park, MN 55445
Minneapolis, MN 55402
(612) 337-9300
A-4
467160v2 BR305-100
EXHIBIT B
TO PURCHASE AND REDEVELOPMENT AGREEMENT
FORM OF CERTIFICATE OF COMPLETION
B-i
467 160v2 BR305-100
CERTIFICATE OF COMPLETION
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota, a
public body, corporate and politic (the "Grantor"), conveyed land in Hennepin County,
Minnesota to Novak-Fleck Incorporated, a Minnesota corporation (the "Grantee"), by a Deed
recorded in the office of the Registrar of Titles in and for the County of Hennepin and State of
Minnesota, as Document Number
and
WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1
and 2 of said Deed; and
WHEREAS, said Grantee has performed said covenants and conditions insofar as it is
able in a manner deemed sufficient by the Grantor to permit the execution and recording of this
certification;
NOW, THEREFORE, this is to certify that all building construction and other physical
improvements specified to be done and made by the Grantee have been completed and the above
covenants and conditions in said Deed and the agreements and covenants in Sections 14 and 15
of the Agreement (as described in said Deed) have been performed by the Grantee therein, and
the Registrar of Titles in and for the County of Hennepin and State of Minnesota is hereby
authorized to accept for recording and to record, the filing of this instrument, to be a conclusive
determination of the satisfactory termination of the covenants and conditions of Sections 14 and
15 of the Agreement and the covenants and restrictions set forth in Sections 1 and 2 of said Deed;
provided that the covenants set forth in Sections 14E of the Agreement, and in Section 3 of the
Deed, remain in full force and effect through the period stated thereon.
B-2
467160v2 BR305-100
Dated: 20
ECONOMIC DEVELOPMENT AUTHORITY OF
BROOKLYN CENTER, MINNESOTA
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
)ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of___
20, by and , the President and Executive
Director, respectively, of the Economic Development Authority of Brooklyn Center, Minnesota,
a public body corporate and politic under the laws of the State of Minnesota, on behalf of the
public body corporate and politic.
Notary Public
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
B-3
467160v2 BR305-100
EDA ITEM MEMORANDUM
DATE: September 14, 2015
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Resolution Calling for a Public Hearing Regarding Sale of Land Located at 5649
Brooklyn Boulevard.
Recommendation:
It is recommended that the Economic Development Authority consider approval/adoption of the
Resolution Calling for a Public Hearing Regarding Sale of Land Located at 5649 Brooklyn
Boulevard.
Background:
On May 23, 2011, the EDA adopted Resolution No. 2011-12, A Resolution Confirming the
Acquisition of Property in Connection with the Remove and Rebuild Program (5649 Brooklyn
Boulevard)
The EDA's acquired this foreclosed property from the Federal Home Loan Mortgage
Corporation, Freddie Mac, for the amount of $34,900 which included the following levied
assessments paid by the seller:
$4,019.40 2010 Street and Drainage Improvements
$1,017.3 2009 Tree Removal
The City's housing consultant, Greater Metropolitan Housing Corporation (GMHC)
coordinated/contracted the demolition of this residence during the winter/spring of 2011-12.
Proposed Sales of 5649 Brooldyn Boulevard:
The property is an interior lot with 80 feet of frontage on the Brooklyn Boulevard frontage road
and a lot depth of 120 feet.
Attached is an aerial photograph, identifying the 2015 assessed valuations of the adjacent
properties ($113,700 to the north, $101.200 to the south, and $125,900 to the west).
Note: The property to the north, 5655 Brooklyn Boulevard, was also a foreclosed property that
was acquired by ALK Proprietors LLC. in May of 2015 for $98,000 and is being remodeled.
Novak-Fleck, Inc., an experienced residential builder with infill development, has previously
purchased 5 lots from the EDA and has built homes in the $200,000 price range on the following
properties: 5400 Bryant, 5800 Bryant, 5331 Morgan, 5338 Logan and 5905 Camden,
IkJiss!on: Ensuring an attractive, clean, safe, inclusive co,inn,inhti' that en/uuices the quality of life
for all people and preserves the public trust
UILJUI N M'AUk'A I MYA OJt&I aIJkA I
The proposed purchase price for this lot is $25,000 and does not involve a real estate fee by the
EDA.
The attached construction plans are similar to the home recently built at 5331 Morgan Avenue
North and provides for a 5 bedroom home (split entry style) having a total square footage of
2,172 sf. with a 3 car attached garage.
• 1058 sf. on the main floor (3 bedrooms, bath, living room, dining room, kitchen, with
options for a deck off of the dining area)
o 108 sf foyer with stairway to lower level
o 1008 sf. on the lower lookout level (identified as future 2 bedrooms, bath, family room
and mechanical room)
The attached resolution authorizes the setting of a public hearing for the October 12, 2015 EDA
Meeting to consider the sale of this property.
Budget Issues:
The proceeds from this land sale are considered Tax Increment Revenues and will be placed
back into the TIF 3 Housing Fund.
Strategic Priorities:
Targeted Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive community that enhancesances the (Jilaffi)' of life
for all people am! preserves the public trust
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Sale of City-Owned Land -
5649 Brooklyn Boulevard
EDA Meeting
October 12, 2015
EDA Item No. 4.a
Location MapLocation Map
Background
On May 23, 2011, the EDA adopted Resolution No. 2011-12, a Resolution
Confirming the Acquisition of 5649 Brooklyn Boulevard in Connection with
the Remove and Rebuild Program
EDA acquired this foreclosed property from the Federal Home Loan Mortgage
Corporation (Freddie Mac) for the amount of $34,900, which included the
following levied assessments paid by the seller:
$ 4,019.40 --2010 Street and Drainage Improvements
$ 1,017.30--2009 Tree Removal
City’s housing consultant, Greater Metropolitan Housing Corporation
(GMHC) coordinated/contracted the demolition of this residence during the
winter/spring of 2011-12.
Background
On September 14, 2015, the EDA considered an offer from Novak &
Fleck, Inc. to acquire the vacant lot at 5649 BrooklynBoulevard for
the purpose of constructing a 5-bedroom, 2-bath split entry home
with a three car attached garage.
The EDA adopted Resolution No. 2015-19, a resolution calling for a
public hearing on October 12, 2015 regarding the sale of land located
at 5649 Brooklyn Boulevard.
On October 1, 2015, a notice of public hearing regarding this land
sale was published in the Official Newspaper.
Sale of 5649 Brooklyn Boulevard
Thepurchasepriceis$25,000.
Buyeragreesitwillconstructanewsinglefamilydwellingonthe
Property,intendedforsaletoapersonorpersonsforresidential
occupancy(OwnerOccupant).
Theminimumimprovementsshallconsistofahousewith
approximately2,172grosssquarefeet,5-bedroomsanda3-car
attachedgarageandshallbeconstructedsubstantiallyinaccordance
withtheplansonfileinCityHall.
Theminimumimprovementsmustbesubstantiallycompletedby
June30,2016.
Sale of 5649 Brooklyn Boulevard
TheBuyershallconveythePropertytoanOwnerOccupantwhosehousehold
incomedoesnotexceed:
(a)100%ofmedianincomeinthecaseofoneortwopersonhousehold
OwnerOccupant,or
(b)115%ofthemedianincomeinthecaseofthreeormorepersons
householdOwnerOccupants.Theaveragemedianincomefortheseven-
countymetropolitanareafor2015is$86,400.
ProvisionsprovideEDAwithrightstore-enterandtakepossessionofthe
propertyintheeventbuyerdoesnotcarryoutobligationswithrespecttothe
constructionoftheMinimumImprovementsorabandonsorsubstantially
suspendsconstruction.
5 5 bedroom home bedroom home
(split entry style(split entry style))
2,172 2,172 sf. with sf. with 3 3 car car
attached garageattached garage..
Recommendation
Requested Commission Action:
–Motion to open Public Hearing.
–Take public input.
–Motion to close Public Hearing.
–Motion to adopt resolution.
Economic Development Authority consider approval/adoption
of a Resolution Approving Purchase and Redevelopment
Agreement and Conveyance of Certain Property Located at
5649 Brooklyn Boulevard.
EDA Agenda Item No. 5a
DATE: October 12, 2015
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Resolution Approving Agreements Related to the Development of the
Opportunity Site.
Recommendation:
It is recommended that the Economic Development Authority consider approval/adoption of a
Resolution Approving Agreements Related to the Development of the Opportunity Site.
Background:
On September 14, 2015, the City Council/EDA Work Session included a discussion on a
preliminary development agreement (Contract for Exclusive Negotiations with Sand
Development LLC) for the development of a market rate apartment and commercial Planned
Unit Development within the southern portion of the Opportunity Site.
The majority consensus of the City Council/EDA was to move forward with the development
plan.
Attached for your reference is a copy of the staff memorandum presented at that September 14,
2015 Work Session and excerpt of the Work Session Minutes.
Preliminary Development Agreement (Contract for Exclusive Negotiations):
The attached agreement provides for the EDA (the Authority) serving as the Master Developer of
the Opportunity Site and Sand Development LLC. (the Redeveloper) serving as the builder and
manager of the residential component of this mixed use development.
The preliminary development agreement identifies the following roles and responsibilities of
each party:
Sand Development LLC. (the Redeveloper) will undertake at its sole cost and expense the
following:
(a)the development of preliminary design schemes of the Improvements including site plans
and parking layouts along with building elevations, amenities, floor plans and unit plans;
(b)the development preliminary total development cost budgets for the Improvements;
(c)conduct feasibility analysis for the Improvements including market demand, target
markets, building features and attributes, pricing and rental rate structure, market
saturation and penetration rates, financial pro-formas and project capital and financing;
and
(d)the development of a preliminary completion schedule for the Improvements.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public (just
I ai YIIU 1 N MhYA UYA I 1k'A 0) UI QSJ I
The EDA (the Authority) will undertake at its sole cost and expense the following:
(a)development of preliminary Site design schemes for the public improvements including
streets and streetscape, parks and trails and utilities including water, sewer and storm
water (retention and treatment) infrastructure to serve the development;
(b)development of preliminary cost budgets for the public improvements for the total
development of the Site and financing options;
(c)conduct traffic studies related to the Site and Improvements; and
(d)development of preliminary design schemes for the commercial redevelopment.
Sand Development and the consulting firm, Solution Blue, have indicated that the above tasks
can be completed in a 90 day period.
Upon completion of the preliminary development tasks and the following findings:
1.the EDA finds the design schemes and planned improvements developed by Sands
Development for a residential development which meets the vision of the City for the
redevelopment of the Opportunity Site,
2.the feasibility analysis provides Sand Development with the necessary findings and
assurances that the project is feasible and marketable, and
3. the EDA approves the necessary infrastructure improvements and determines that they
are economically feasible to be funded through a Tax Increment Bond.
Then, the EDA and Sand Development LLC will proceed with the drafting of a Development
Agreement which would include the following:
o Duration of the contract.
• Land acquisition price and terms from Authority to Redeveloper for the Improvements
which shall be one dollar and other good and valuable consideration.
• Site preparation timing and costs to be paid for and completed by Authority which shall
include but not limited to demolition and environmental remediation.
• Public improvement timing and costs to be paid for and completed by Authority.
• Timing of land acquisition and construction of the Improvements and public
improvements.
• Affordability requirements, if any.
• City review and approval rights.
• Other financial assistance that may be required to complete the Improvements as
determined mutually by the Parties based on the completed feasibility analysis.
The preparation of this Development Agreement in February-March would enable a 1st phase
construction schedule to occur in 2016.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Consulting Services to complete the Preliminary Design & Feasibility Tasks
The attached proposal by Solution Blue, Inc. provides for the necessary Civil Engineering, Land
Surveying, Landscape Architecture, Public Infrastructure Coordination, Development Phasing
Plan and Traffic Analysis to complete the design items and tasks identified as the responsibility
of the EDA.
The EDA's cost for the preparation of preliminary designs, infrastructure & feasibility studies,
and budgets for a Master Development Plan for this 32 acre site have been broken into the
following design components:
Project Tasks Fees Summation
Task A: Topographic Survey $ 13,200
Task B.1: Programming and Inventory $ 21,815
Task B.2: Concept Plan $ 9,490
Task B.3: Concept Revision & City Meeting $ 11,755
Step One $56,260
Task C.1: Coordinate City Review and Comments $ 1,600
Task C.2: Refine Master Plan $11,630
Task C.3: Probable Cost Estimate $ 5,740
Task C.4 Supplemental Traffic Analysis $ 21,450
Step Two $40,420
Step One and Two Total = $96,680
Optional Services for Commercial/Civic Area
Task D. 1: Programming and Inventory $ 8,785
Task D.2: Concept Plan $ 6,115
Task D.3: Concept Revision & City Meeting $ 4,760
Task D.4: Refine Master Plan $ 5,860
Task D.3: Probable Cost Estimate $ 2,460
Total for Additional Area $27,980
The intersection of Bass Lake Road and Shingle Creek Parkway frames the southwest corner of
the EDA's 32 acre site and provides an excellent opportunity for a gateway entrance to highlight
the planned redevelopment of this area. The proposal provides for the development of two
options, 1) retail development that focuses on retail needs & services which compliments the
lifestyle of the new residents, 2) civic improvements for a potential public use facility and
amenity which distinguishes this development.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
To accomplish this task Solution Blue has added to their professional team Architectural
Consortium, LLC (led by Kathy Anderson) to aid in the evaluation of the commercial/civic
components and site options.
Mandatory Environment Assessment Worksheet.
The proposed redevelopment of Opportunity Site with a residential component that exceeds a
mandatory threshold of 375 attached units in a city within the seven-county Twin Cities
Metropolitan Area (MN Rule 4410.4300 and 4410.4400) is required prepare and process an
Environmental Assessment Worksheet (EAW)
Attached for your reference are the EAW form and the Minnesota Environmental Quality Board
(EQB) quick reference to the Environmental Assessment Work Sheet which identifies the
process.
The information provided by Solution Blue is necessary component in preparing responses to the
questions within the Environmental Assessment Worksheet.
Budget Issues:
The costs associated with the Preliminary Development Agreement 'will be funded by Tax
Increment District 3.
The development and infrastructure costs identified bu the Preliminary Design and Feasibility
Study are proposed by be funded though the creation of a Redevelopment Tax Increment District
for Southern portion of the Opportunity Site!
Strategic Priorities:
Targeted Redevelopment
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life
for all people and preserves the public trust
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING AGREEMENTS RELATED TO THE DEVELOPMENT
OF THE OPPORTUNITY SITE
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota
("EDA") is working, in accordance with the strategic plan for the City of Brooklyn Center, to
redevelop the former Brookdale Square site, which is now owned by the EDA (the "Opportunity
Site"); and
WHEREAS, the EDA is overseeing the development of the Opportunity Site and Sand
Development, LLC, 366 South Tenth Avenue, Waite Park, Minnesota 56387 ("Redeveloper") is
proposing to redevelop the southern portion of the Opportunity Site; and
WHEREAS, the EDA has negotiated a Preliminary Development Agreement with the
Redeveloper to set out certain responsibilities related to developing preliminary plans and
determining feasibility for redeveloping the Opportunity Site; and
WHEREAS, the EDA' s responsibilities under the Preliminary Development Agreement
include performing certain design work and studies on the southern portion of the Opportunity
Site; and
WHEREAS, the EDA received a proposal from Solution Blue, Inc., 318 Cedar Street, St.
Paul, MN 55101 ("Consulting Engineer") to conduct the work to be performed by the EDA.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of
Brooklyn Center, Minnesota as follows:
1.The EDA hereby approves the Preliminary Development Agreement with the
Redeveloper and authorizes and directs the President and Secretary of the EDA to
execute the agreement and to take such other actions are needed to complete the EDA' s
responsibilities under the agreement.
2.The EDA hereby selects the Consulting Engineer to perform work for the EDA related to
the development of the southern portion of the Opportunity Site in accordance with the
submitted proposal, approves the proposed agreement with the Consulting Engineer, and
authorizes and directs the President and Secretary of the EDA to execute the agreement
and to take such other actions are needed to accomplish the purposes of the agreement.
October 12, 2015
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.
'1
PRELIMINARY DEVELOPMENT AGREEMENT
(Contract for Exclusive Negotiations)
THIS AGREEMENT, made as of this O day of , 2015 is between the
Economic Development Authority of Brooklyn Center, Mi1nnesota, 6301 Shingle Creek
Parkway, Brooldyn Center, Minnesota 55430 the "Authority") and Sand Development, LLC,
366 South Tenth Avenue, Waite Park, Minnesota 56387-0727 (the "Redeveloper").
WHEREAS, Redeveloper is proposing to develop the area identified in Exhibit A (the
"Site") and is requesting that Authority negotiate exclusively with Redeveloper while the Site is
being studied, acquired and designed; and
WHEREAS, Authority is willing to negotiate exclusively with Redeveloper provided that
certain conditions described in this Agreement are met.
NOW, THEREFORE, in consideration of the mutual obligations of the Parties hereto,
each of them does hereby covenant and agree with the other as follows:
Section 1.0 Definitions. In addition to the words and terms elsewhere defined in this
Agreement, the following words and terms shall have the following meanings in this Agreement
unless a different meaning clearly appears from the context:
"Agreement" means this Agreement, as the same may be from time to time modified,
amended or supplemented by written agreement of the Parties.
"Authority" is the Economic Development Authority of Brooklyn Center, Minnesota.
"City" is the City of Brooklyn Center, Minnesota.
"Improvements" are site redevelopment and the new construction of approximately 600
multifamily residential units within multiple buildings on the Site.
"Parties" means Authority and Redeveloper together and "Party" means either.
"Redeveloper" is Sand Development, LLC, a Minnesota limited liability company.
"Contract for Private Redevelopment" means a redevelopment contract as described in
Section 4.0 of this Agreement.
"Site" means the real property described in Exhibit A of this Agreement.
"State" is the State of Minnesota.
Section 2.0 Representations by the Authority. Authority represents that it is a public
body duly organized and existing under the laws of the State and that it has the power and
authority to enter into this Agreement and carry out its obligations hereunder.
Section 2.1 Representations by the Redeveloper. Redeveloper represents that it is a
Minnesota limited liability company duly organized and existing under the laws of the State and
that it has the power and authority to entei into this Agreement and carry out its obligations
hereunder.
Section 3.0 Redeveloper Responsibilities. Redeveloper agrees to undertake and be
responsible for the following under this Agreement, at its sole cost and expense:
(A)Develop preliminary design schemes of the Improvements including site plans
and parking layouts along with building elevations, amenities, floor plans and unit plans.
(B)Develop preliminary total development cost budgets for the Improvements.
(C)Conduct feasibility analysis for the Improvements including market demand,
target markets, building features and attributes, pricing and rental rate structure, market
saturation and penetration rates, financial pro formas and project capital and financing.
(D)Develop preliminary completion schedule for the Improvements.
Section 3.1 Authority Responsibilities. Authority agrees to negotiate exclusively with
the Redeveloper for a Contract for Private Redevelopment in accordance with the terms of this
Agreement and undertake and be responsible for the following under this Agreement, at its sole
cost and expense:
(A)Develop preliminary Site design schemes for the public improvements including
streets and street scape, parks and trails and utilities including water, sewer and storm water
(retention and treatment).
(B)Develop preliminary total development cost budgets for the public improvements
for the Site and financing options.
(C)Conduct traffic studies related to the Site and Improvements.
(D)Develop preliminary design schemes for the neighboring commercial
redevelopment.
Section 4.0 Contract for Private Redevelopment, This Agreement outlines the Parties
understanding that they intend to negotiate in good faith and that such negotiations may lead to
the execution of a definitive Contract for Private Redevelopment. Each Party must find the terms
acceptable in that Party's complete and unfettered discretion. Each Party expressly acknowledges
and agrees that, as a result of the exercise of a Party's discretion, it is possible that no Contract
for Private Redevelopment or other agreement of any kind relating to the redevelopment project
may be consummated. The Contract for Private Redevelopment, if entered into, shall address the
issues involving the development of the Site, including but not limited to the following:
(A) Duration of the contract.
(B)Land acquisition price and terms from Authority to Redeveloper for the
Improvements which shall be one dollar and other good and valuable consideration.
(C)Site preparation timing and costs to be paid for and completed by Authority which
shall include but not limited to demolition and environmental remediation.
(D) Public improvement timing and costs to be paid for and completed by Authority.
(B) Timing of land acquisition and construction of the Improvements and public
improvements.
(F)Affordability requirements, if any.
(G)City review and approval rights.
(H) Other financial assistance that may be required to complete the Improvements as
determined mutually by the Parties based on the completed feasibility analysis.
Section 5.0 Termination. This Agreement shall terminate on February 1, 2016 unless
(i) written notice is given by either Party to the other Party, expressing such Party's, intention to
terminate this Agreement on an earlier date, not less than ninety days prior to such termination
date; or (ii) both Parties agree in writing to earlier terminate, or to extend this Agreement.
Section 6.0 Effect. Each Party retains throughout the course of this Agreement the
obligation to deal in good faith along with a right of complete and unfettered discretion to
conduct its negotiations and perform its responsibilities in the manner it sees fit. The Parties
agree that upon termination of this Agreement pursuant to the terms, neither shall have any
further obligation to each other and the Parties further agree to execute any document reasonably
necessary to evidence termination.
Section 7.0 Additional Provisions:
(A)Redeveloper shall not assign this Agreement or any of its rights or obligations
under this Agreement without the written consent of Authority.
(B)Each Party shall make all reasonable efforts to cooperate with the other Party.
(C) Except for any willful misrepresentation or any willful misconduct by Authority,
the City or their agents, officers and employees, Redeveloper shall hold Authority and the City,
their agents, officers and employees harmless from Authority's acts under this Agreement.
(D) The Parties are not partners or joint ventures in the redevelopment of the Site,
construction of the Improvements or in any activities contemplated by this Agreement.
IN WITNESS WHEREOF, Authority has caused this Agreement to be duly executed in
its name and behalf, and Redeveloper has caused this Agreement to be duly executed in its name
and behalf, both as of the date first above written.
ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA
Dated:
By
Its: Chair
By
Its: Secretary
SAND DEVELOPMENT, LLC
Dated:
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September 29, 2015
Solution Blue, Inc. Phone: 651-294-0038
318 Cedar Street Fax: 651-395-3326
Saint Paul, MN 55101 www.SolutionBlue.com
Gary Eltel
City of Brooklyn Center
Economic Development Authority
6301 Shingle Creek Pkwy.
Brooklyn Center, MN 55430
Re: Proposal for Civil Engineering, Land Surveying, Landscape Architecture, Public Infrastructure
Coordination & Development Phasing Plan for "Southern Portion Opportunity Site" project
located in Brooklyn Center, Minnesota
Dear Mr. Eitel -
We appreciate this opportunity to collaborate with your City team on this great redevelopment project in
Brooklyn Center, Per your request, we are submitting this Proposal for professional services to be completed
by a Professional Engineer (PE), Registered Landscape Architect (RLA), Registered Land Surveyor (RLS) Certified
Storm Water Pollution Prevention Plan (SWPPP) designer, Professional Traffic Operations Engineer (PTOE), Retail
Design Consultant and other Solution Blue team members. The following "SCOPE OF SERVICES" (pages 6-11)
outlines our proposed services and fees for this project. At our company, we are striving to develop our business
by building long lasting relationships, a commitment to the craft of sustainable site design and our ability to do
things different. Our team is committed to your process and delivering you an excellent project,
The City of Brooklyn Center and the City's developer partners (Sand Companies and others) have the unique
opportunity to enhance a blighted area and improve the overall community through the redevelopment of the
sites formerly occupied by the Ford Dealership, Brooklyn Center Mall and K-mart. The development of housing
with green space, parks, healthy streets, and commercial/retail development combines many of the ingredients
needed for a great community and neighborhood. We see this as an opportunity to further explore the
relationships between those who will live in the redeveloped area, the adjacent community, the larger public,
complete streets, and open space. We feel that through design we can develop successful solutions that help
express an intrinsic sense of place. The housing, streets, trails, parks, and creative stormwater solutions are an
interrelated series of experiences that impact use, care, and sense of ownership. These qualities are as important
to a successful design as solving the functional issues facing the project. We hope to have the opportunity to
create positive change that supports the City's goals.
Regarding our experience and commitment to serving development teams in Metro Area, our team members
have been successfully collaborating with project teams for between 4 and 26 years. We take pride in
collaborating with teams of Cities, developers, architects, engineers, contractors, neighborhood organizations
and other involved team members and stakeholders. Our team provides expertise in discussing others' ideas
throughout the planning, design, approvals and construction stages to ensure that all voices are heard and the
team can move forward together.
Additionally, our team remains focused on sustainable site design and resourceful water management
systems. We remain dedicated to providing cost effective and multi-functional site solutions for developers,
businesses, residents, cities and other stakeholders across Minnesota. Our team members are constantly
evaluating new stormwater management techniques and Best Management Practices (BMP5) to provide more
efficient and cost effective solutions for our clients. In addition, Solution Blue has embraced (and trademarked)
Water Matters" because we are committed to creating innovative and sustainable site solutions to more
Proposal vv/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn center, MN
To: city of Brooklyn center EDA Date: 09-29-15Solution Blue -Pg. 1
effectively manage our precious water resources. Through our open collaboration and ongoing diligence,
enjoy working together to create exceptional outdoor spaces that provide ongoing environmental, social and
economic benefits for years to come.
Our entire team is excited about this opportunity to collaborate with the City of Brooklyn Center and it's
developer partners, various other team members and stakeholders. The following information outlines our
specific project team (pg. 2-3), sample projects (pg. 4), scope of services and fees (pgs. 6-11), and our
willingness to enter into a subcontractor agreement with the City. Please let us know if you have any questions
or would like to discuss anything in further detail.
OUR PROJECT TEA K.°
Randal Twden, P.E. Lead CMI Fn ner
Randal is a Professional Engineer (P.E.) who provides over 26 years of experience in
the fields of civil engineering, site planning, water resources engineering and
construction administration, Mr. Tweden has worked on a variety of projects including
multi-family housing, urban re-development, public plazas, parking lots, housing,
hospitals and other commercial development projects. Randal continues to provide
feasibility studies, site analysis, design development, stormwater modeling, design
coordination, project management, plan preparation, bidding support, permitting
assistance, construction administration and project close-out services.
Randal excels in the area of multi -functional site design where he effectively integrates
the site's topography, soil conditions, water management, plants and related site
amenities to maximize the environmental, economic and social benefits. Randal
continues to expand his knowledge via stormwater management, green infrastructure
and Low Imnact Develooment (LID) events.
John 1A in AIChE - Design Project Manager & Constructability Coordinator
T
v, v' John provides over 20 years of experience in sustainable site design, project
management, design coordination and integrated construction implementation. Mr.
Hink has managed several multi-family housing, urban re-development, athletic
. -
facilities, commercial centers and over 100 brownfield redevelopment projects from
conception through design development and concluding with construction
- implementation. John continues to serve as an owner's representative, design team
leader, government liaison and project manager for various projects including over 15
years of experience working in the City of Brooklyn Center.
Notably, John provides decades of experience in Brownfield re-development, design
team coordination, water resources, project engineering and integrated construction
i management. Mr. Hink has managed over 100 Brownfield clean-ups that have been
redeveloped as public parks, housing, mixed-use development, and University campus
projects from schematic planning through design development and concluding with
construction implementation.
John provides expertise in creating efficient stormwater Best Management Practices
(BMP5) and multi-functional green spaces. He has collaborated on several projects that
incorporate innovative stormwater BMPs including tree trenches, green roofs,
infiltration basins, permeable payers, rain gardens and rainwater re-use systems.
Because of his project successes, John has been involved with several award-winning
projects including several that have received LEED® certification,
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
So/Lit/on To: City of Brooklyn Center EDA Date: 09-29-15
Pg. 2
Lauren Miller, E.I.T. Water Resotnrces Deskiner
Lauren is an Engineer-in-Training (EIT) who provides extensive experience with civil
engineering, site design, water resources, drafting, stormwater modeling and
construction administration. She has successfully worked on several projects including
multi-family housing, church campuses, urban re-development, parking lots, green
roofs, mixed-use commercial, industrial complexes and various other commercial and
residential projects.
Lauren provides expertise with the analysis, planning, design and implementation of
various stormwater Best Management Practices (BMPs) that include green roofs, rain
gardens, infiltration basins, permeable payers, tree trenches, filtration basins and
rainwater re-use systems
She is actively involved with some non-profit and professional organizations including
the American Society of Civil Engineers (ASCE), Urban Land Institute (ULI) and the St.
Paul Area Chamber of Commerce (SPACC).
Cio ("0") Fernandez, ASLA Lead Landscave Architect
Aune Fernandez Landscape Architects (AFLA)
,
Prior to starting his own firm (AFLA), C] practiced at a multi-disciplinary design firmIfor 9 years and has a total of 16 years of experience in landscape architecture. His
- experience is wide ranging from master planning, parks, and urban design to small
scale highly detailed projects of various types. C] has been involved in public
engagement for over 15 years in projects across the region. His ability to interact,
listen, and respond to the public has resulted in a design solutions that work for clients,
users, and the public. Strong design, graphic communication, presentation skills, and
construction experiences provided a solid foundation for working closely with clients
from programming through budgeting and construction.
Mike Bittner, PE, PTOE, PTP Lead Traffic Engineer
Kadrmas, Lee & Jackson, Inc. (KU)
Mike has nearly five years of experience working on transportation planning studies
ranging from metropolitan master transportation plans and corridor studies in
downtown, urban and rural environments to traffic impact studies and intersection
control evaluations. Mike also has experience with a variety of specialty planning
studies including border crossing plans, parking studies, airport ground transportation
plans, Safe Routes to School projects, pavement management plans, ADA Transition
Plans and transportation policy development plans.
As a PIP, PE, PTOE and IMSA certified Traffic Signal Field Technician Level II, Mike is
the rare hybrid transportation professional that can carry a project from the earliest
phases of planning to the most technical phases of construction. Mike's exemplary
work, creativity and communication skills have been commended nationally through
presentations at five national and regional conferences; he has also authored three
papers in the area of transportation planning and/or traffic engineering.
Traffic impacts are critical in identifying impacts from planned developed onto the
existing transportation system. Mike has completed a myriad of traffic impact studies
for varying land uses and contexts. Each study included trip generation, distribution
and assignment for the new development and capacity analysis to compare build
versus no build scenarios to help facilitate funding responsibilities and deficiencies
mitigation improvement strategy development. Each study also included a variety
analyses unique to each specific project including but not limited to on-site traffic
circulation analysis, access location/spacing evaluation, development and abutting
roadway construction phasing analysis, land use scenario analysis, signal progression
analysis, crash analysis and lighting analysis.
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
Solution
To: City of Brooklyn Center EDA Date: 09-29-15
Pg. 3
FEATURED SAMPLE P R OJECTS:
(S -
nrrii
Villages of Frost -E nglish (Maplewood, MIjL)
This redevelopment project spans over 6 acres and includes the removal of 2 commercial
buildings to make way for a new apartment complex, a senior housing complex and a
commercial lot for an undetermined tenant (as of July 2015). The project is going to be
constructed in 3 phases beginning with the 50-unit apartment complex and concluding
with the 79-unit senior housing complex. Along with the buildings, this project includes
a network of streets, utilities, parking lots, stormwater features, a playground, trees and
various landscape amenities. Construction will begin in August 2015 and is projected to
be completed in 2017.
Junction Flats Apartments (Minneapolis, MNJL.
We collaborated with the developer, architect, geotechnical engineer, mechanical
engineer, structural engineer, the City of Minneapolis and multiple contractors to
successfully plan, design, approve and build this 182-unit luxury apartment complex in
downtown Minneapolis. This project includes several site amenities including 2 plazas, a
rooftop pool, an outdoor bar and grill, a dog run and underground stormwater tanks,
pipes and pumps for seasonally high groundwater levels. This urban site is adjacent to
several other construction projects that were happening simultaneously including the
new Target Field Station and Fulton Brewery, which limited the amount of space available
for staging and construction. Construction started in 2013 and was completed in the
summer of 2014,
CHS Field - aka the St. Paul Saints' Ballpark (St Paul, MN)
We served as the lead stormwater planning and engineering firm for a system of
stormwater features for this 7,000-seat ballpark located in Downtown St. Paul. The
stormwater features include tree trenches, underground storage/filtration systems, bio-
retention basins and a rainwater harvesting and re-use system for irrigating the field and
flushing toilets. The most noteworthy stormwater management feature is the ls ever
commercial rainwater harvesting and re-use system used for flushing toilets in St. Paul
and the 2nd system in all of Minnesota! CHS Field recently received the 2015 "Clean Water
Champion" Award from the Freshwater Society for this innovative and sustainable
stormwater re-use system that is projected to save over 500,000 gallons of fresh water
every year.
Wayzata Bay Center ( Wazata, MN)
Wayzata Bay Center is a Multi-use development offering senior living, senior care, market
rate housing and street front commercial/retail businesses. The development is organized
around a central green and network of existing streets, robust sidewalks, and development
infrastructure. The design and visualization process engaged the owner/developer, public
and elected officials prior to and after project approval.
i r
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Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn Center EDA Date: 09-29-15Solution
(9" -Pg. 4
• City of St. Paul MN o Station 19 Architects
• University of MN o Wilkus Architects
• St. Paul Public Schools o BKV Group
• State of MN o James Dayton Design
• St. Paul Port Authority o ESG Architects
• United Properties o Johnson-Reiland Builders
• Welsh Construction o Ebert Construction
• Oak Ridge Country Club o Voigt Consultants
• lKaas Wilson Architects o Kevitt Excavating
• Stencil Group o Continuum Construction
ProfessonaO References:
Peter Moe
Director of Operations
University of MN Landscape Arboretum
3675 Arboretum Drive
Chaska, MN 55318
Phone: (612) 301-1246
Moexx004@umn.edu
Projects:
Grand Entry Plaza & Gatehouse
New Eastern Drive
Dahlberg Terrace Remodel
Jody Martinez
Design & Construction Manager, Park & Recreation
City of St. Paul PPro jects:25 West Fourth Street CHS Field (Lowertown Ballpark)St. Paul, MN 55102 Como Park Transportation ImprovementsPhone: (651) 266-6424
iody.martinez@ci.stpaul.mn.us
Collin Kaas
Principal
Kaas Wilson Architects
1301 American Blvd E., Suite 100
Bloomington, MN 55425
Phone: (612)879-6000
colhnk@kaaswilson.com
r Pr ojects:
Clara City Senior Housing
The Villages at Frost-English
Curren t /Recent CVllens (2 0 1 4-2015
o GenMark Builders
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn Center EDA Date: 09-29-15Solution Blue -Pg. 5
SCOPE OF SEIRVACES
STATEMENT OF PROJECT UNDERSTANDING
Based on our conversation and the proposal documents you provided, we understand the project as the design
of a Master Plan for City of Brooklyn Center Economic Development Authority ("City") and Sand Companies
("Sand") to foster a better and common understanding of the project vision as well as stormwater,
transportation and utility capacities of the site. It is understood that if the City and Sand approve the Master
Plan, we may be asked to propose services to develop construction documents for phase one construction in
2016.
WORK PLAN
This proposal describes civil, stormwater, landscape architectural, and transportation design services for the
design of a Master Plan as identified in the Exhibit A map attachment, the development of two typical road
sections, park design concept and an overall stormwater management plan. Our process will integrate civil,
landscape architectural and traffic engineering to inform stormwater management solutions, road design, and
account for utility needs as a collaborative process while developing the Master Plan design. In collaboration
with KLI Engineering and AFLA, Solution Blue proposes to complete the following work plan for the project.
TASK A: SURVEY OF EXISTING SITE CONDITIONS
Fee: $13,200
To complete this task, City/Sand will need to provide us with all available survey files, ALTA/ACSM Surveys in
electronic CADD Format from City, building plans, a current Title Commitment and other relevant plans/info.
This task will result in a Survey of the existing conditions including the topography, buildings, utilities, pavement,
fencing, landscape beds, light poles and other existing site features. Title Commitment and ALTA/ACSM survey
to be provided by Others.
1.Coordinate Gopher State 1-Call to locate existing utilities
2.Review ALTA/ACSM Survey from City
3.Survey existing site for topography, buildings, utilities, pavement, fencing, landscape beds, light
poles & other site features
4.Prepare Survey in Auto-CAD
5. Provide Survey as PDF & DWG files (basis of design plans)
TASK B: STEP 1 - CONCEPT DESIGN
Task B.1- Programming/ Inventory
1.Visit site with the design team to gather reconnaissance information and conduct a kick-off meeting
with City/Sand.
2.Gather base information that includes:
- ALTA Survey (by others), topo Survey, photography, utility information, existing conditions
information.
3.Prepare base map in coordination with City.
4.Study issues and opportunities that outline issues within the project area and relationships to
adjacent properties.
5.Due-diligence for City, and other requirements as needed.
6.Design Team Coordination, Meeting to coordinate roles, expectations and schedule between design
team members. It is assumed that City/Sand will be in attendance at this meeting. Some key items
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
Solution To: City of Brooklyn Center FDA Date: 09-29-15
Pg. 6
that will inform the design will be the site stormwater study and description of utility requirements
and recommendations for typical road sections to be provided by the traffic engineer. Coordination
with the project architect will be required to identify their experience with the plan and City thus
far, options for the master plan design, and inform appropriate design solutions.
7, Generate Sketch Master Plan for Planning Department meeting.
8. Conduct meeting with City Planning staff to review the project plans, vision, goals, requirements,
and anticipated schedule.
Task B.2- Concept Design
1.Based on the information gathered in task B.1, we will prepare a draft concept Master Plan. It is
anticipated that this task will include draft concepts for two typical road sections and park design.
Concept Master Plan will integrate civil, stormwater, transportation and landscape architectural
features. Provide Auto CAD layout.
2.The drawings will include a conceptual layout of the transportation infrastructure through the
proposed site. The drawing will consist of conceptual line work that will be developed in response
to City/Sand's conceptual layout, while incorporating a combination of "living streets" street
networks that will include driving lanes, bike lanes and sidewalks. We understand that there are a
network of bike trails surrounding the park connecting the proposed development to multiple trail
systems in the vicinity, including Shingle Creek Trailway and the Palmer Lake Trail Loop. We will
develop a conceptual plan that incorporates multiple modes of transportation.
3.The drawing will include conceptual grading and drainage plans that respond to City/Sand's
conceptual building layout. We will also develop a conceptual stormwater management plan that
responds to the City directives for the development area. These plans will be developed with Hydro-
CAD models for rate and quality measures.
4.Conduct City meeting to review draft Master Plan concept.
5. Determine revisions discussed during the City meeting.
Task 13.3— Concept Revision & City Meeting
1.Based on the City feedback, we will revise the Master Plan Concept. The revisions will be based on
continued study and engineering determinations made by collaborating design team members as
well as coordination with the City's planning department staff.
2.Perform concept revisions to Master Plan, Typ. Street Sections, Park Design, Stormwater
Management Plan, Transportation Plan and Utility Corridors.
3.Prepare Presentation Graphics for City Meeting.
4.Conduct City meeting and presentation of Master Plan Design.
5. Gather feedback from City meeting input and City department comments.
Task B: STEP 1 Deliverables
1.Site reconnaissance materials
2.Auto CAD drawing of the Master Plan Concept
3.Conceptual Stormwater Management Plan
4.Conceptual Grading Plan
5, Conceptual Utility Plan
6.Conceptual Transportation Plan
7.Concept Designs for Master Plan, Two Typ. Street Sections, and Park Design Concept. (Digital files,
one full size hard copy set, and (3) 11 x 17 hardcopy sets)
8. Concept Stormwater Model and Calculations
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
Solution Blue To: City of Brooklyn Center EDA Date: 09-29-15
-Pg. 7
TASK C: STEP 2 - REFINE MASTER PLAN
Task C.1 -Coordinate City Review & Comments
1.Conduct a project design team meeting as needed to review City meeting feedback, City
department comments, determine next steps, design revisions, review stormwater engineering, site
grading, traffic studies, other ongoing work, and schedule.
2.Develop phasing strategies and project implications.
Task C.2 - Refine Master Plan
1.Perform revisions to the Master Plan, Typ. Road Sections, Park Concept, Stormwater Management,
Transportation and Grading Plans.
2.Conduct a review meeting with the City forapproval to finalize the Master Plan and Rendering.
3.Perform design changes as needed.
4.Prepare final Master Plan Rendering, two Typ. Road Sections, final renderings, and Park Design
rendering(May be incorporated into the Master Plan rendering).
5.Identify all roadway, walkway and bicycle infrastructure that needs to be complete for the first phase
of construction.
6.Identify all utility and stormwater infrastructure that needs to be in place for the first phase of
construction.
Step 2 Deliverables:
1. Final Master Plan CAD Drawing
2, Revised Stormwater Management Plan
3.Revised Grading Plan
4.Revised Utility Plan
5.Revised Transportation Plan
6.One Final Master Plan hard copy set, (3) 11x17 card copy sets
7.Revised Stormwater Model and Calculations
8.Construction Phasing Plan (in coordination with City/Sand)
Task C.3 - Probable Cost Estimate
1. We will work with a licensed contactor and estimating consultant to develop preliminary total
development cost budgets for the public improvements that the City will utilize for financing options.
Task C.3 Deliverables:
1. Probable cost estimate for public construction improvements
SUPPLEMENTAL TASK C.4: STEP 2 - TRAFFIC ANALYSIS
A Traffic Impact study was not included in the RFP request. However, through discussion with Brooklyn Center's
Planning Director, it is apparent that a Traffic Impact Study will likely be required. We recommend that the
Traffic Impact Study be conducted prior to Completion of Step 2, so that any traffic improvement
recommendations are accommodated during design, before commencing with Final Design.
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn Center EDA Date: 09-29-15So/Lit/on Blue -Pg. 8
Background
This document presents a proposed scope of services and fee for the completion of traffic engineering services
for the site bounded by Shingle Creek Parkway, Bass Lake Road, John Martin Drive and the Minnesota School
of Business.
Existing Conditions Analysis
A.Traffic Data Collection
We will collect AM peak hour (7:00 am to 9:00 am) and PM peak hour (4:00 pm to 6:00 pm) intersection turning
movement data at the following intersections near the site:
o Bass Lake Road and Shingle Creek Parkway
o Shingle Creek Parkway and John Martin Drive
o John Martin Drive and Earle Brown Drive
o Proposed South Development Access onto Bass Lake Road
o Proposed West Development Access onto Shingle Creek Parkway
Pedestrian and bicycle data will also be collected as part of the turning movement data collection effort.
Alternative or additional study intersections can be identified through collaboration with City staff. If additional
intersections are required to be analyzed, this can added to the scope of work through a supplement.
We will also collect average daily traffic data at two locations along Shingle Creek Parkway and at one location
along John Martin Drive. Daily traffic data at other locations near the site will be obtained from MnDOT's online
traffic mapping application.
B.Existing Roadway Network
WE will identify the existing roadway characteristics in the study area defined in Traffic Data Collection, including
traffic control and intersection geometry at all study intersections.
C. Existing Multimodal Facilities
We will identify existing pedestrian, bicycle and transit facilities in the study area based on available data and a
field review.
Impact Analysis
A.Trip Generation, Distribution, Mode Choice and Assignment
Trip Generation
We will estimate the number of daily, AM peak hour and PM peak hour trips associated with the proposed
development. Trip generation assumptions will be based on data in the ITE Trip Generation Manual.
We will collaborate with City staff to estimate mode-share for site generated trips.
Trip Distribution
The origins and destinations of site generated trips will be based on existing traffic data, surrounding land uses
and transportation facilities and engineering judgment.
Assignment
The routes used to access the proposed development will be based on existing traffic patterns and engineering
judgement.
B.Traffic Operations Impact Analysis
We will evaluate AM and PM peak hour traffic operations at study intersections for the following scenarios:
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn Center EDA Date: 09-29-15Solution Blue -Pg. 9
o 2015 No-Build Scenario (Existing Conditions)
o 2015 Build Scenario (Completion of Phase 1)
o For the purposes of this study, it will be assumed that the first phase of development will be
completed in 2015.
o 2025 No-Build Scenario
o 2025 Build Scenario (Full Build-Out of Site)
o We will work with City/Sand to determine the development to assume as part of Phase 1 and full
build-out.
This analysis will help identify if any potential operational deficiencies occur under existing conditions, or if
deficiencies would be triggered by site-generated traffic.
Intersection capacity analysis will be performed at the following intersections:
o Bass Lake Road and Shingle Creek Parkway
• Shingle Creek Parkway and John Martin Drive
• John Martin Drive and Earle Brown Drive
• Proposed Development South Access onto Bass Lake Road
• Proposed Development West Access onto Shingle Creek Parkway
Traffic operations analysis will be completed using the Synchro software, which implements delay and level of
service analysis methodologies based on those in the Highway Capacity Manual.
Operations at intersection LOS 'E" or worse will be considered deficient at signalized intersections, with potential
mitigation strategies identified at these locations.
C.Traffic Control Warrant Analysis
We will complete traffic control warrant analysis at the study intersections per warrants published in the Manual
on Uniform Traffic Control Devices. This analysis will include signal warrant analysis (eight hour and four hour
warrants) and warrant analysis for unsignalized traffic control such as two-way stop control, all-way stop control
and yield control. Roundabouts will also be considered at appropriate locations.
D.Turn Lane Warrant Analysis
We will evaluate whether turn lanes are warranted at study intersections based on MnDOT design guidelines as
well as results from operational analysis. Where not warranted based on MnDOT guidelines, turn lanes will be
considered at any location where operational deficiencies would be mitigated if turn lanes were provided.
We will provide recommended storage lengths for recommended turn lanes based on expected 951h percentile
queues under projected traffic conditions.
E. Site Layout Analysis
We will evaluate the proposed internal layout of the development to promote traffic circulation that will not
impact traffic flow on public roadways.
The site layout will also be analyzed for multimodal traffic flow and connectivity to surrounding multimodal
infrastructure.
Report, Schedule and Fee
We will prepare a traffic impact study report that discusses all analyses described above. This report will include
figures/exhibits to help illustrate concepts from the report.
A. Draft Report
We will complete a draft report within 30 days of receiving a notice to proceed. Once completed, this report will
be submitted to the City of for review.
Proposal w/Contract for civil Eng. & Landscape Arch. Services for 'Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn center EDA Date: 09-29-15Solution Blue Pg. 10
B.Final Report
Upon receipt of all comments on the draft report, we will incorporate these comments into a final report within
10 days, The report will then be submitted to the City for final review.
C.Fee
The traffic impact study will be completed for a lump sum fee of $21,450. 75% of the fee will be paid upon
submittal of the draft report and the remaining 25% will be paid upon submittal of the final report.
TASK D: - Optional Services for Commercial /Civic Area (5.3-Acres)
Based on our conversation and the proposal documents you provided, we understand the additional design
request covers an area of approximately 5.3-acres of City owned land adjacent to the South West corner of the
originally proposed project extents. The additional services needed to add this area into the overall Master Plan
concept to foster a better and common understanding of the project vison as well as stormwater, utility and
transportation capacities of the site. It is understood that the City has two general ideas for the future use of
the site, 1) retail development, 2) civic improvements for a potential public use facility. In addition to our
existing team of a Professional Engineer (PE), Registered Landscape Architect (RLA), Registered Land Surveyor
(RLS), Certified Storm Water Pollution Prevention Plan (SWPPP) designer, Professional Traffic Operations
Engineer (PTOE) and other Solution Blue team members, we have added the professional team at Architectural
Consortium, LLC (led by Kathy Anderson) to aid in the evaluation of the commercial/civic components and site
options.
WORK PLAN
This Optional Services proposal describes the additional services to include the 5.3-acres site as part of the
overall Concept Master Plan project. Our process will engage civil, landscape, and traffic engineering to inform
stormwater management solutions, road design and account for utility needs as well as engage Architectural
Consortium to inform the site's retail capacity as a collaborative process while developing the Master Plan design.
We will follow the same 2 Step and multi-task work plan as outlined above in the base services proposal.
TASK D: Optional Additional Services: Commercial /Civil Study Area
1.(3) additional meetings to address City programming and review of design concepts.
2.Site visit, review and identification of opportunities and constraints.
3.Meeting with Architectural Consortium to identify the site's retail/commercial capacities and
concerns.
4.Additional City requirements related to public institution and retail development. Including
discussion, review and vetting of additional design areas within meetings identified in previous base
scope of work.
5.(2) Sketch and concept Master Plans to address development options (1-retial , 2-Civic
Center/Space).
6.Concept refinement of one preferred option.
7. Refinement and final concept rendering.
-
.
-
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
To: City of Brooklyn Center EDA Date: 09-29-15So/Lit/on Blue Pg. 11
Table 1: Fee Summaiy
Prolect Tasks Fees Summation
Task A: Topographic Survey $ 13,200
Task 13.1: Programming and Inventory $ 21,815
Task 13.2: Concept Plan $ 9,490
Task B.3: Concept Revision & City Meeting $ 11,755
Step One $56,260
Task Cl: Coordinate City Review and Comments $ 1,600
Task C.2: Refine Master Plan $ 11,630
Task C.3: Probable Cost Estimate $ 5,740
Task C.4 Supplemental Traffic Analysis $21,450
Step Two -40,420
Step One and Two Total =$96,680
Optional Services for Commercial/Civic Area
Task D.1: Programming and Inventory $ 8,785
Task D.2: Concept Plan $ 6,115
Task D.3: Concept Revision & City Meeting $ 4,760
Task D.4: Refine Master Plan $ 5,860
Task D.3: Probable Cost Estimate $ 2,460
Total for Additional Area $27,980
TASK E: STEP 3 - FINAL DESIGN AND CONSTRUCTION DOCUMENTS
We will work with City to define the Scope of Phase One Public Infrastructure construction. We will design a
final site plan, paving plan, grading plan, utility plan, landscape plan, circulation plan, typical sections and detail,
final stormwater model and calculations and detail drawings for roadways, walkways, bikeways, utilities,
stormwater BMP5 and landscape features. The final design will begin with the layout developed in Step 2.
Fees
We will develop hourly cost estimates for the scope of work and detailed deliverables necessary for Step 3 in
the future. We propose to use the hourly rate schedule itemized below.
Hourly Rates
Design Lead Principal $135
Landscape Architect Principal $135
Landscape Designer $95
Civil Engineer Principal $130
Civil Engineer $95
Senior Traffic Engineer $140
Traffic Engineer $110
CAD Technician $80
Administrative $60
ttr
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for 'Southern Portion Site" in Brooklyn Center, MN
Solution
To: City of Brooklyn Center EDA Date: 09-29-15
Pg. 12
Exclusions: The following list of items and services are excluded from our proposal. This is not a complete list of
excluded items, but rather just the immediate ones associated with this project.
1.City, Watershed, County, State, Federal and/or other regulatory permit applications and/or fees
2.Bond, letter of credit, or cash escrow for improvements as required by City, Watershed, County, State etc.
3.Any other regulatory agency applications and/or fees
4.ALTA/ACSM Survey with Boundary information
5.Final Civil and/or Landscape Design and/or Plans
6.Architectural Design and/or Plans
7.Mechanical Engineering Design and/or Plans
8.Electrical Engineering Design and/or Plans
9.Structural Engineering Design and/or Plans
10.Geotechnical Testing, Engineering and/or Plans
11.Waterproofing Design and/or Plans
12.Underground Parking Design and/or Plans
13. Staging and/or Demolition Control Plans
14, Site Lighting and/or Photometrics Plan
15.Irrigation Design and/or Plans
16.Environmental Testing and/or Engineering
17.Phase I and/or Phase II Reports
18.Approvals for Hazardous/Toxic Waste
19.Remediation Planning, Design and/or Remedial Action Plan (RAP)
20.Lift Station Engineering and/or Plans
21.Monument Signage and/or Streetscape Design
22.FEMA Floodplain Related Work
23.Wetland Planning, Mitigation and/or Design Work
24.LEED® Analysis, Design, Modeling and/or Documentation Work
25.Minnesota B3 Analysis, Design, Modeling and/or Documentation Work
26.Book-Type Construction Specifications
27. Construction Testing
28, Construction Staking
29.Construction Management
30.Plat Preparation and/or Plat Work
31.As-Built Land Surveying
32.Construction As-Built and/or Record Plans
33, Title Search and/or Title Commitment
34.Legal Work
35.Printing plans/files for City, Watershed, County, State, Federal and/or other project submittals
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
Solution To: City of Brooklyn Center EDA Date: 09-29-15
Pg. 13
CONTRACT AGREEMENT
Compensation
The cost to complete the proposed phases has been provided above. Work payments shall be invoiced as the Services are
performed by Solution Blue, Inc. ("SRI"). City of Brooklyn Center ("Client") shall pay undisputed portions of each progress
invoice within thirty (30) days of the date of the invoice. If payment is not maintained on a thirty (30) day current basis, SBI shall
suspend further performance until payments are current. Client shall notify SBI of any disputed amount within fifteen (15) days
from date of the invoice, give reasons for the objection, and promptly pay the undisputed amount. Client shall pay an additional
charge of one and one-half percent (1.5%) per month or the maximum percentage allowed by law, whichever is the lesser, for
any past due amount. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related
expenses shall be paid to the prevailing party.
Schedule
The project duration described for each phase is dependent upon several factors including, but not limited to authorization to
proceed, analysis/design period for various phases, City/County/State review schedule, weather forecast, construction schedule
and other related factors. We will do our best to perform the work as efficiently as possible to ensure the project is completed in
a timely manner. Our SBI team is ready to start the project upon authorization by Client.
Professional Responsibility
SRI is obligated to comply with applicable standards of professional care in the performance of the Services. Client recognizes
that opinions relating to environmental, geologic, and geotechnical conditions are based only on the available information. SBI is
not responsible for advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action
that may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. Additionally, SBI is not
responsible for any forces of nature including rain, intense rainfall, flooding, erosion issues, snow/ice or other possible conditions.
Responsibility for Others
SBI shall be responsible to Client for SBI Services and the services of SBI subcontractors. SBI shall not be responsible for the
acts or omissions of other parties engaged by Client nor for their construction means, methods, techniques, sequences, or
procedures, or their health and safety precautions and programs.
Documents
Provided that SBI has been paid for the Services, Client shall have the right to use the documents, maps, photographs, drawings
and specifications resulting from SRI efforts on the project. Reuse of any such materials by Client on any extension of this project
or any other project without the written authorization of SBI shall be at Client's sole risk. SBI shall have the right to retain
copies of all such materials. SBI retains the right of ownership with respect to any patentable concepts or copyrightable materials
arising from its' Services.
Authorization
If you are in agreement with this proposal, please sign, date, and return this binding Contract to SBI via U.S. mail or email at
your earliest convenience. We will submit an invoice on a monthly basis and appreciate payment within thirty (30) days. This
proposal shall be valid for sixty (60) days from the date of publication.
Signature Printed Name Organization & Title Date
If you have any questions or feedback, please feel free to contact us. We look forward to this opportunity to work together
with your exceptional City of Brooklyn Center team!
Sincerely,
John l=Iink
President & CEO
Proposal w/Contract for Civil Eng. & Landscape Arch. Services for "Southern Portion Site" in Brooklyn Center, MN
Solution To: City of Brooklyn Center EDA : 09-29-15
Pg. 14
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0 Co Quick Reference: Environmental Assessment Worksheet
ii I Q
Environmental Assessment Worksheet (EAW)
The EAW provides a brief analysis and overview of the potential environmental impacts of a specific project and to
help the RGU determine if an EIS is necessary. Of the three environmental review documents, EAWs are usually the
shortest at 15-50 pages in length. The EAW consists of a list of 20 questions and is meant to set out the basic facts of the
project's enviromnental impacts. It usually takes about two to three months for a project to complete the entire EAW
process, although it may take longer depending on the complexity of the project. The EAW is not meant to approve or
deny a project, but is a source of information to guide other approvals and permitting decisions.
Mandatory environmental review
If a project's size is above the mandatory threshold for its category then the environmental review is mandatory
(required). These thresholds are listed in MN Rule 4410.43 00 and 44 10.4400.
Helpful tip
Discretionary environmental review An appeals process
Sometimes projects that don't meet the mandatory thresholds for an EAW can still undergo
can occur at any
decision point.
environmental review. These are uncommon situations but can occur when a proj ect may have the
potential for significant environmental effects or when a project proposer volunteers. More details regarding
discretionary environmental reviews can be found in MN Rule 4410.1000
Projects exempt from environmental review
The EQB has determined that some projects are automatically exempt from environmental review. The exemptions can
be found in MN Rule 44 10.4600. If a project is smaller than an exemption threshold, it is exempt from environmental
review.
Here is an example of the EAW process:
RGU determines
JProposer completes &
EAW is necessary
submits data portions
of EAW to RGU
muu issues a press
release within 1-5 II l RGU distributes EAW
business days of r-1 to distribution list
distribution
RGIJ reviews for
completeness
RGU completes EAW
and approves it for
distribution
If
Incomplete ' RGU returns data
> portions to
proposer within
c, business days
RGU notifies
proposer within
1-5 business days
Notice is published 1RGU decides if EIS is
in EQB Monitor 7 to r dayneeded, prepares
21 calendar days ment period findings of fact, and
after receipt of EAW ,responds to
Notes:
o Time frames should be considered
minimum estimates
o Process can vary depending on RGU
RGU distributes
notice of decision
within 1-5 business
days of findings of
fact
Notice is published in
EO.B Monitor 7 to 21
calendar days after
RGU notice of decision
Gary Eitel
From: Computer <eite19.kcgj@comcast.net >
Sent: Sunday, October 04, 2015 9:57 PM
To: Gary Eltel
Subject: /eaw
Subp. 19.
Residential development.
An EAW is required for residential development if the total number of units that may ultimately be
developed on all contiguous land owned or under an option to purchase by the proposer, except land
identified by an applicable comprehensive plan, ordinance, resolution, or agreement of a local
governmental unit for a future use other than residential development, equals or exceeds a threshold of
this subpart. In counting the total number of ultimate units, the RGU shall include the number of units
in any plans of the proposer; for land for which the proposer has not yet prepared plans, the RGU shall
use as the number of units the product of the number of acres multiplied by the maximum number of
units per acre allowable under the applicable zoning ordinance or, if the maximum number of units
allowable per acre is not specified in an applicable zoning ordinance, by the overall average number of
units per acre indicated in the plans of the proposer for those lands for which plans exist. If the total
project requires review but future phases are uncertain, the RGU may review the ultimate project
sequentially in accordance with part 4410.1000, subpart 4.
If a project consists of mixed unattached and attached units, an EAW must be prepared if the sum
of the quotient obtained by dividing the number of unattached units by the applicable unattached unit
threshold, plus the quotient obtained by dividing the number of attached units by the applicable
attached unit threshold, equals or exceeds one.
The local governmental unit is the RGU for construction of a permanent or potentially permanent
residential development of:
A.
50 or more unattached or 75 or more attached units in an unsewered unincorporated area or 100
unattached units or 150 attached units in a sewered unincorporated area;
B.
100 unattached units or 150 attached units in a city that does not meet the conditions of item D;
C.
100 unattached units or 150 attached Units in a city meeting the conditions of item D if the project
is not consistent with the adopted comprehensive plan; or
D.
250 unattached units or 375 attached units in a city within the seven-county Twin Cities
metropolitan area that has adopted a comprehensive plan under Minnesota Statutes, section 473.859, or
in a city not located within the seven-county Twin Cities metropolitan area that has filed with the EQB
chair a certification that it has adopted a comprehensive plan containing the following elements:
(1)
a land use plan designating the existing and proposed location, intensity, and extent of use of land
and water for residential, industrial, agricultural, and other public and private purposes;
(2)
a transportation plan describing, designating, and scheduling the location, extent, function, and
capacity of existing and proposed local public and private transportation facilities and services;
(3)
a sewage collection system policy plan describing, designating, and scheduling the areas to be
served by the public system, the existing and planned capacities of the public system, and the standards
and conditions under which the installation of private sewage treatment systems will be permitted;
(4)
a capital improvements plan for'public facilities; and
(5)
an implementation plan describing public programs, fiscal devices, and other actions to be
undertaken to implement the comprehensive plan, and a description of official controls addressing the
matters of zoning, subdivision, private sewage systems, and a schedule for the implementation of those
controls. The EQB chair may specify the form to be used for making a certification under this item.
July 2013 version
ENVIRONMENTAL ASSESSMENT WORKSHEET
This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the
Environmental Quality Board's website at:
httt)://www.eqb.state.mn.us/EnvRevGuidaiiceDocuments.htm . The EAW form provides information
about a project that may have the potential for significant environmental effects. The EAW Guidelines
provide additional detail and resources for completing the EAW form.
Cumulative potential effects can either be addressed under each applicable EAW Item, or can be
addresses collectively under EAW Item 19.
Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period
following notice of the EAW in the EQB Monitor. Comments should address the accuracy and
completeness of information, potential impacts that warrant further investigation and the need for an EIS.
1.Project title:
2.Proposer:
Contact person:
Title:
Address:
City, State, ZIP:
Phone:
Fax:
Email:
4. Reason for EAW Preparation:
Required:
LI EIS Scoping
LI Mandatory EAW
3. RGU
Contact person:
Title:
Address:
City, State, ZIP:
Phone:
Fax:
Email:
(check one)
Discretionary:
LII Citizen petition
RGU discretion
LI Proposer initiated
If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s):
Project Location:
County:
City/Township:
PLS Location ('/4, ¼, Section, Township, Range):
Watershed (81 major watershed scale):
GPS Coordinates:
Tax Parcel Number:
page 1
At a minimum attach each of the following to the EAW:
• County map showing the general location of the project;
• U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (photocopy
acceptable); and
• Site plans showing all significant project and natural features. Pre-construction site plan and post-
construction site plan.
6. Project Description:
a.Provide the brief project summary to be published in the EQB Monitor, (approximately 50
words).
b.Give a complete description of the proposed project and related new construction, including
infrastructure needs. If the project is an expansion include a description of the existing facility.
Emphasize: 1) construction, operation methods and features that will cause physical
manipulation of the environment or will produce wastes, 2) modifications to existing equipment
or industrial processes, 3) significant demolition, removal or remodeling of existing structures,
and 4) timing and duration of construction activities.
c.Project magnitude:
Total Project Acreage
Linear project length
Number and type of residential units
Commercial building area (in square feet)
Industrial building area (in square feet)
Institutional building area (in square feet)
Other uses - specify (in square feet)
Structure height(s)
d.Explain the project purpose; if the project will be carried out by a governmental unit, explain the
need for the project and identify its beneficiaries.
e.Are future stages of this development including development on any other property planned or
likely to happen? EYes ENo
If yes, briefly describe the stages, relationship to present project, timeline and plans for
environmental review.
f.Is this project a subsequent stage of an earlier project? EYes ENo
If yes, briefly describe the past development, timeline and any past environmental review.
page 2
7. Cover types: Estimate the acreage of the site with each of the following cover types before and after
development:
Before After .1 Before After
Wetlands Lawn/landscaping
Deep
water/streams
Impervious
surface
Wooded/forest Stonnwater Pond
Brush/Grassland Other (describe)..
Cropland
TOTAL
8.Permits and approvals required: List all known local, state and federal permits, approvals,
certifications and financial assistance for the project. Include modifications of any existing permits,
governmental review of plans and all direct and indirect forms of public financial assistance including
bond guarantees, Tax Increment Financing and infrastructure. All of these final decisions are
prohibited until all appropriate environmental review has been completed. See Minnesota Rules,
Chapter 4410.3100.
Unit of government Type of application Status
Cumulative potential effects may be considered and addressed in response to individual EAW Item
Nos. 9-18, or the RGU can address all cumulative potential effects in response to EAW Item No. 19.
If addressing cumulative effect under individual items, make sure to include information requested
in EAW Item No. 19
9.Land use:
a. Describe:
i.Existing land use of the site as well as areas adjacent to and near the site, including parks,
trails, prime or unique farmlands.
ii.Plans. Describe planned land use as identified in comprehensive plan (if available) and any
other applicable plan for land use, water, or resources management by a local, regional,
state, or federal agency.
iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and
scenic rivers, critical area, agricultural preserves, etc.
b. Discuss the project's compatibility with nearby land uses, zoning, and plans listed in Item 9a
above, concentrating on implications for environmental effects.
c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility
as discussed in Item 9b above.
page 3
10. Geology, soils and topography/land forms:
a.Geology - Describe the geology underlying the project area and identify and map any susceptible
geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers,
or karst conditions. Discuss any limitations of these features for the project and any effects the
project could have on these features. Identify any project designs or mitigation measures to
address effects to geologic features.
b.Soils and topography - Describe the soils on the site, giving NRCS (SCS) classifications and
descriptions, including limitations of soils. Describe topography, any special site conditions
relating to erosion potential, soil stability or other soils limitations, such as steep slopes, highly
permeable soils. Provide estimated volume and acreage of soil excavation and/or grading.
Discuss impacts from project activities (distinguish between construction and operational
activities) related to soils and topography. Identify measures during and after project construction
to address soil limitations including stabilization, soil corrections or other measures.
Erosion/sedimentation control related to stormwater runoff should be addressed in response to
Item ll.b.ii.
NOTE: For silica sand projects, the BAW must include a hydrogeologic investigation assessing the
potential groundwater and surface water effects and geologic conditions that could create an increased
risk of potentially significant effects on groundwater and surface water. Descriptions of water
resources and potential effects from the project in EAW Item 11 must be consistent with the geology,
soils and topography/land forms and potential effects described in EAW Item 10.
11. Water resources:
a. Describe surface water and groundwater features on or near the site in a.i, and a.ii. below.
i.Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches.
Include any special designations such as public waters, trout stream/lake, wildlife lakes,
migratory waterfowl feeding/resting lake, and outstanding resource value water. Include
water quality impairments or special designations listed on the current MPCA 303d Impaired
Waters List that are within I mile of the project. Include DNR Public Waters Inventory
number(s), if any.
ii.Groundwater aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is
within a MDH wellhead protection area; 3) identification of any onsite and/or nearby wells,
including unique numbers and well logs if available. If there are no wells known on site or
nearby, explain the methodology used to determine this.
b. Describe effects from project activities on water resources and measures to minimize or mitigate
the effects in Item b.i. through Item b.iv. below.
i. Wastewater - For each of the following, describe the sources, quantities and composition
of all sanitary, municipal/domestic and industrial wastewater produced or treated at the
site.
page 4
1)If the wastewater discharge is to a publicly owned treatment facility, identify any
pretreatment measures and the ability of the facility to handle the added water and
waste loadings, including any effects on, or required expansion of, municipal
wastewater infrastructure.
2)If the wastewater discharge is to a subsurface sewage treatment systems (SSTS),
describe the system used, the design flow, and suitability of site conditions for such a
system.
3) If the wastewater discharge is to surface water, identify the wastewater treatment
methods and identify discharge points and proposed effluent limitations to mitigate
impacts. Discuss any effects to surface or groundwater from wastewater discharges.
ii.Stormwater - Describe the quantity and quality of stormwater runoff at the site prior to
and post construction. Include the routes and receiving water bodies for runoff from the
site (major downstream water bodies as well as the immediate receiving waters). Discuss
any environmental effects from stormwater discharges. Describe stormwater pollution
prevention plans including temporary and permanent runoff controls and potential BMP
site locations to manage or treat stonnwater runoff. Identify specific erosion control,
sedimentation control or stabilization measures to address soil limitations during and
after project construction.
iii.Water appropriation Describe if the project proposes to appropriate surface or
groundwater (including dewatering. Describe the source, quantity, duration, use and
purpose of the water use and if a DNR water appropriation permit is required. Describe
any well abandonment. If connecting to an existing municipal water supply, identify the
wells to be used as a water source and any effects on, or required expansion of, municipal
water infrastructure. Discuss environmental effects from water appropriation, including
an assessment of the water resources available for appropriation. Identify any measures to
avoid, minimize, or mitigate environmental effects from the water appropriation.'
iv. Surface Waters
a)Wetlands - Describe any anticipated physical effects or alterations to wetland features
such as draining, filling, permanent inundation, dredging and vegetative removal.
Discuss direct and indirect environmental effects from physical modification of
wetlands, including the anticipated effects that any proposed wetland alterations may
have to the host watershed. Identify measures to avoid (e.g., available alternatives
that were considered), minimize, or mitigate environmental effects to wetlands.
Discuss whether any required compensatory wetland mitigation for unavoidable
wetland impacts will occur in the same minor or major watershed, and identify those
probable locations.
b)Other surface waters- Describe any anticipated physical effects or alterations to
surface water features (lakes, streams, ponds, intermittent channels, county/judicial
ditches) such as draining, filling, permanent inundation, dredging, diking, stream
diversion, impoundment, aquatic plant removal and riparian alteration. Discuss
direct and indirect environmental effects from physical modification of water
features. Identify measures to avoid, minimize, or mitigate environmental effects to
surface water features, including in-water Best Management Practices that are
proposed to avoid or minimize turbidity/sedimentation while physically altering the
page 5
water features. Discuss how the project will change the number or type of watercraft
on any water body, including current and projected watercraft usage.
12. Contamination/Hazardous Materials/Wastes:
a.Pre-project site conditions - Describe existing contamination or potential environmental hazards
on or in close proximity to the project site such as soil or ground water contamination, abandoned
dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas
pipelines. Discuss any potential environmental effects from pre-project site conditions that would
be caused or exacerbated by project construction and operation. Identify measures to avoid,
minimize or mitigate adverse effects from existing contamination or potential environmental
hazards. Include development of a Contingency Plan or Response Action Plan.
b.Project related generation/storage of solid wastes - Describe solid wastes generated/stored during
construction and/or operation of the project. Indicate method of disposal. Discuss potential
environmental effects from solid waste handling, storage and disposal. Identify measures to
avoid, minimize or mitigate adverse effects from the generation/storage of solid waste including
source reduction and recycling.
Project related use/storage of hazardous materials - Describe chemicals/hazardous materials
used/stored during construction and/or operation of the project including method of storage.
Indicate the number, location and size of any above or below ground tanks to store petroleum or
other materials. Discuss potential environmental effects from accidental spill or release of
hazardous materials. Identify measures to avoid, minimize or mitigate adverse effects from the
use/storage of chemicals/hazardous materials including source reduction and recycling. Include
development of a spill prevention plan.
d. Project related generation/storage of hazardous wastes - Describe hazardous wastes
generated/stored during construction and/or operation of the project. Indicate method of disposal.
Discuss potential environmental effects from hazardous waste handling, storage, and disposal.
Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of
hazardous waste including source reduction and recycling.
13. Fish, wildlife, plant communities, and sensitive ecological resources (rare features):
a.Describe fish and wildlife resources as well as habitats and vegetation on or in near the site.
b.Describe rare features such as state-listed (endangered, threatened or special concern) species, native
plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other
sensitive ecological resources on or within close proximity to the site. Provide the license agreement
number (LA-___) and/or correspondence number (ERDB ) from which the data
were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat
or species survey work has been conducted within the site and describe the results.
c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be
affected by the project. Include a discussion on introduction and spread of invasive species from the
project construction and operation. Separately discuss effects to known threatened and endangered
species.
page 6
d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish,
wildlife, plant communities, and sensitive ecological resources,
14.Historic properties:
Describe any historic structures, archeological sites, and/or traditional cultural properties on or in
close proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3)
architectural features. Attach letter received from the State Historic Preservation Office (SHPO).
Discuss any anticipated effects to historic properties during project construction and operation.
Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic
properties.
15.Visual:
Describe any scenic views or vistas on or near the project site. Describe any project related visual
effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the
project. Identify any measures to avoid, minimize, or mitigate visual effects.
16. Air:
a.Stationary source emissions - Describe the type, sources, quantities and compositions of any
emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air
pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including
any sensitive receptors, human health or applicable regulatory criteria. Include a discussion of
any methods used assess the project's effect on air quality and the results of that assessment.
Identify pollution control equipment and other measures that will be taken to avoid, minimize, or
mitigate adverse effects from stationary source emissions.
b.Vehicle emissions - Describe the effect of the project's traffic generation on air emissions.
Discuss the project's vehicle-related emissions effect on air quality. Identify measures (e.g. traffic
operational improvements, diesel idling minimization plan) that will be taken to minimize or
mitigate vehicle-related emissions.
c. Dust and odors - Describe sources, characteristics, duration, quantities, and intensity of dust and
odors generated during project construction and operation. (Fugitive dust may be discussed under
item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby
sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate
the effects of dust and odors.
17. Noise
Describe sources, characteristics, duration, quantities-,and intensity of noise generated during project
construction and operation. Discuss the effect of noise in the vicinity of the project including 1)
existing noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise
standards, and 4) quality of life. Identify measures that will be taken to minimize or mitigate the
effects of noise.
page 7
18. Transportation
a.Describe traffic-related aspects of project construction and operation. Include: 1) existing and
proposed additional parking spaces, 2) estimated total average daily traffic generated, 3)
estimated maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip
generation rates used in the estimates, and 5) availability of transit and/or other alternative
transportation modes.
b.Discuss the effect on traffic congestion on affected roads and describe any traffic improvements
necessary. The analysis must discuss the project's impact on the regional transportation system.
If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a
traffic impact study must be prepared as part of the EA W. Use the format and procedures
described in the Minnesota Department of Transportation's Access Management Manual, Chapter
5 (available at: http://www. dot.state. inn. us/accessinanagement/resources . html) or a similar local
guidance,
c. Identify measures that will betaken to minimize or mitigate project related transportation effects.
19. Cumulative potential effects: (Preparers can leave this item blank if cumulative potential effects are
addressed under the applicable EAW Items)
a.Describe the geographic scales and timeframes of the project related environmental effects that
could combine with other environmental effects resulting in cumulative potential effects.
b.Describe any reasonably foreseeable future projects (for which a basis of expectation has been
laid) that may interact with environmental effects of the proposed project within the geographic
scales and timeframes identified above.
c. Discuss the nature of the cumulative potential effects and summarize any other available
information relevant to determining whether there is potential for significant environmental
effects due to these cumulative effects.
20. Other potential environmental effects: If the project may cause any additional environmental
effects not addressed by items I to 19, describe the effects here, discuss the how the environment will
be affected, and identify measures that will be taken to minimize and mitigate these effects.
page 8
RGU CERTIFICATION. (The Environmental Quality Board will only accept SIGNED Environmental
Assessment Worksheetsforpublic notice in the EQB Monitor)
I hereby certify that:
• The information contained in this document is accurate and complete to the best of my
knowledge.
• The EAW describes the complete project; there are no other projects, stages or components other
than those described in this document, which are related to the project as connected actions or
phased actions, as defined at Minnesota Rules, parts 44 10.0200, subparts 9c and 60, respectively.
• Copies of this EAW are being sent to the entire EQB distribution list.
Signature Date
Title
page 9
MEMORANDUM COUNCIL WORK SESSION
DATE: September 14, 2015
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business & Development
SUBJECT: Redevelopment of the Southern Portion of the Opportunity Site
Recommendation:
It is recommended the City Council consider providing direction to staff regarding proceeding
with a preliminary development agreement (Contract for Exclusive Negotiations with Sand
Development LLC) for the development of a market rate apartment and commercial Planned
Unit Development within the southern portion of the Opportunity Site.
Background
The 2016 Strategic Priorities and 2016 -2018 Strategic Plan adopted by the City Council on
April 27, 2015 identified Targeted Redevelopment as one of the City's strategic priorities and
included the completion of the 1st phased redevelopment of the southern portion of the
Opportunity Site, a mixed use residential and commercial redevelopment of the former
Brookdale Square and Brookdale Ford commercial properties as one of the Key Outcomes for
this Strategic Priority.
A strategy to achieve this strategic priority includes the following actions / initiatives by the
EDA:
- complete the demolition of the vacant Brookdale Square buildings and the former
Brookdale Ford site;
- complete the master planning of all infrastructure improvements for a multi-phased
planned unit development;
- establish a tax increment redevelopment district and financial strategies to enable the
completion of all necessary infrastructure improvements;
- enter into development agreements with a qualified developer for the phased
development of 500-600 apartment units consistent with the City's vision and master
planning of the Opportunity Site and a qualified commercial developer for the
development of approximately 5 acres of complimentary retail businesses & services.
A target within the 2016-2018 Strategic Plan is that the first phase development of approximately
120-150 market rate apartment units will commence.
Attached for reference is a copy of the Resolution No. 2015-74, Resolution Adopting the 2016
Strategic Priorities and the 2016-2018 Plan and a copy of the Strategic Plan Summary 2016-18.
]Iissio,i: Ensuring an attractive, clean, safe, inclusive counlnunity that enhances the qlwlit3' of life
for all people on (1 pi'esell'es the public trust
IIYA I ci] 1II I1uJ i1U[iJ I 'LI) 1 LI ELiIOkI
Preliminary Development Agreement (Contract for Exclusive Negotiations):
The attached draft agreement provides for the EDA (the Authority) serves as the Master
Developer of the Opportunity Site, and Sand Development, LLC (the Redeveloper) serving as
the builder and manager of the residential component of this mixed use development.
The preliminary development agreement identifies the following roles and responsibilities of
each party:
Sand Development LLC. (the Redeveloper) will undertake at its sole cost and expense the
following:
(a)the development of preliminary design schemes of the Improvements including site plans
and parking layouts along with building elevations, amenities, floor plans and unit plans;
(b)the development preliminary total development cost budgets for the Improvements;
(c)conduct feasibility analysis for the Improvements including market demand, target
markets, building features and attributes, pricing and rental rate structure, market
saturation and penetration rates, financial pro formas and project capital and financing;
and
(d)develop a preliminary completion schedule for the Improvements.
The attached sketch conceptually illustrates how 600 apartment units within 7 apartment
buildings having a parking ratio of 1 underground and 1 surface parking stall per unit could be
laid out on the EDA's 32 acres.
The EDA (the Authority) will undertake at its sole cost and expense the following:
(a)develop preliminary Site design schemes for the public improvements including
streets and street scape, parks and trails and utilities including water, sewer and storm
water (retention and treatment);
(b)develop preliminary total development cost budgets for the public improvements for
the Site and financing options;
(c)conduct traffic studies related to the Site and Improvements; and
(d)develop preliminary design schemes for the commercial redevelopment.
Sand Development has provided the attached proposal by Solution Blue, Inc. for the Civil
Engineering, Land Surveying, Landscape Architecture, Public Infrastructure Coordination,
Development Phasing Plan and Traffic Analysis to complete the design items listed above. The
EDA's cost for the preparation of preliminary designs, infrastructure studies, and budgets for a
Master Development Plan for this 32 acre site is $94,420.
Assuming that the above tasks can be completed in a 90 day period and result in the following:
1) the City finds the design schemes and planned improvements developed by Sands
Development for a residential development which meets the vision of the City for the
Mission: Ensuring an attractive, clean, Soft, inclusive coininitnhtj' that enhances the (Ji1(ilitJ' of life
for al/people and preserves the pit hi/c trust
IhYA I Ik"A (I) t1WI WJ'A II1IJ[* I !iLI] 1 I FiiIIIJl
redevelopment of the Opportunity Site, 2) the feasibility analysis provides Sand Development
with the necessary findings and assurances that the project is feasible and marketable: and
3) the EDA approves the necessary infrastructure improvements and determines that they are
economically feasible to be funded through a Tax Increment Bond; then EDA and Sand
Development LLC could proceed with a Development Agreement as outlined under Section 4.0
of the preliminary development agreement (contract for exclusive negotiations:
Section 4.0 Contract for Private Redevelopment. This Agreement outlines the Parties
understanding that they intend to negotiate in good faith and that such negotiations may lead to
the execution of a definitive Contract for Private Redevelopment. Each Party must find the terms
acceptable in that Party's complete and unfettered discretion. Each Party expressly acknowledges
and agrees that, as a result of the exercise of a Party's discretion, it is possible that no Contract
for Private Redevelopment or other agreement of any kind relating to the redevelopment project
may be consummated. The Contract for Private Redevelopment, if entered into, shall address the
issues involving the development of the Site, including but not limited to the following:
• Duration of the contract.
o Land acquisition price and terms from Authority to Redeveloper for the Improvements
which shall be one dollar and other good and valuable consideration.
• Site preparation timing and costs to be paid for and completed by Authority which shall
include but not limited to demolition and environmental remediation.
o Public improvement timing and costs to be paid for and completed by Authority.
o Timing of land acquisition and construction of the Improvements and public
improvements.
• Affordability requirements, if any.
e City review and approval rights.
• Other financial assistance that may be required to complete the Improvements as
determined mutually by the Parties based on the completed feasibility analysis.
The preparation of a Development Agreement in February-March 2016 would enable a 1st phase
construction schedule to occur in 2016.
The development strategy of this agreement seeks to minimize the overall project risks and
enable the builder to focus on the building and site enhancements that promote attractive I life
style oriented features and improve the quality of the development.
The EDA' s use of Tax Increment Financing to undertake the infrastructure improvements will
provide a source of revenue to enable an investment into the vision and preferred direction of the
City and its redevelopment goals for the Opportunity Site.
Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the qua/u)' of life
for al/people and preserves the public mist
IL'A I ak'A (I) 1I ai1YA .II]U[SJ I 'LI) 1 rI iI'fb1 (iJI
Policy Issues:
Does the EDA wish to proceed with the preliminary development agreement (exclusive
negotiation agreement) with Sand Development LLC for the redevelopment of the Opportunity
Site?
Strategic Priorities:
Targeted Redevelopment
Alissioii: Ensuring an attractive, clean, safe, inclusive coninninhty that enhances the quality of life
for all people and preserves f/ic pa b/ic tins!
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Member Lin Myszkowski introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2015-74
RESOLUTION ADOPTING THE 2016 STRATEGIC PRIORITIES AND THE
2016-2018 STRATEGIC PLAN
WHEREAS, the City Council met in a leadership planning retreat at the Earle
Brown Heritage Center on Februaiy 6 and 7, 2015, with the Management Leadership Team; and
WHEREAS, the City Council in collaboration with the Management Leadership
Team identified six Strategic Priorities to guide strategic outcomes over the next several years; and
WHEREAS, the adoption of a Strategic Plan with priorities, key outcome indicators,
targets, and strategic initiatives will provide clear policy direction, guide resource allocation, and
clarify expectations for the City Manager and Management Leadership Team; and
WHEREAS, the agreed upon Strategic Plan Summary 2016-2018 is included on
page three (3) of the attached summary report; and
WHEREAS, the Strategic Priorities for the planning period 2016-2018 are further
defined below.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota, that the attached 2013-2016 Strategic Plan with the further defined
Strategic Priorities is adopted as official policy of the City Council of the City of Brooklyn Center
and the City Manager is directed to marshal and allocate budgeted resources of the City in a manner
intended to best achieve these Strategic Priorities while continuing to deliver the other essential
quality services to the community.
STRATEGIC PRIORITIES:
Resident Economic Stability
The economic stability of residents is essential to vibrant neighborhoods and to retail, restaurant, and
business growth. We will lead by supporting collaborative efforts of education, business, and
government sectors to improve income opportunities for residents.
Targeted Redevelopment
Redeveloping properties to the highest value and best use will accomplish our goals regarding
housing, job creation, and growth of the City's tax base. We will appropriately prepare sites and
provide the necessary supporting infrastructure investments to guide redevelopment of publicly- and
privately-owned properties.
RESOLUTION NO. 2015-74
Enhanced Community Image
Our ability to attract and retain residents and businesses is influenced by the perception of the City.
We will take specific actions to assure that Brooklyn Center is recognized by residents, businesses,
stakeholders, and visitors as a high quality, attractive, and safe community.
Inclusive Community Engagement
In order to provide effective and appropriate services, we must clearly understand and respond to
community needs. We will consistently seek input from a broad range of stakeholders from the
general public, non-profit, and for-profit sectors. Efforts to engage the community will be
transparent, responsive, deliberately inclusive, and culturally sensitive.
Strengthened and Empowered Youth
Youth are a valued resource with the ability to enhance the community with their enthusiasm,
energy, and capacity to contribute. We are committed to a coordinated system of high-quality,
accessible, and fully resourced opportunities that lead to an increase in high school graduation and
pathways to college or career and reductions in young people's experience of violence.
Key Infrastructure Investments
Proactively maintaining an efficient and effective infrastructure will meet the high level of
community expectations. We will plan for and invest in critical infrastructure improvements that
enhance safety, improve life quality, and support opportunities for redevelopment, while sustaining
the natural environment.
April 27, 2015
Date Mayor
ATTEST: I 4^m_
City Clerk
The motion for the adoption of fhe foregoing resolution was duly seconded by member
Kris Lawrence-Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Tim Willson, April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
Cft y of Brooklyn Center Strategic P'an Summary 2016H8
Strategic Priority Key Outcome Target Strategic Initiatives
Indicator_(Kol)
Economic Stability
Residents
Lowest income
quartile-wages
Increase the average wage of lowest
quartile of employed population to
equal the Hennepin County Average
a)Establish workforce
collaborative
b)New job creation strategy
New higher wage Addition of _# of_ new livable wage c)Community-wide
jobs created jobs created education & training
Certificates,
graduations, training
Increase - % of residents w/post-
secondary degrees/certificates equal
strategy
d)Promotion campaign for
for BC residents to the Hennepin County resident start-up businesses
percentage
Locally owned start-Addition of 5 new start-up businesses
ECON Y ups
Redevelopment
Targetedg
CARS w/ HEART site Completion of Senior assisted living
development
a)Senior facility strategy for
212015-3/2017
b)Phase I strategy for 10-15Opportunity site Completion of Phase I mixed use
development residential development acres & 250 units
-
Shingle Creek
Crossing
Completion of Phase II c) Phase II strategy with
market analysis and
kU PIH development incentives
Community Image -
Enhanced
Expressions of pride
in community
90% respond positively on community
survey
a)Customer service training
b)Market BC to realtors
c)Establish hotel licensingSerious crime Part 1 violent crime rate 10% lower than
Hennepin County average ordinance addressing
Realtor feedback 80% of realtors recommend BC to crime reduction
clients strategies
d)Promote community onWebsite visits-300 unique page visits per year to BC
community amenities amenities promotion page website
0PEft4TI0N5_1 and promotion
Community
Engagement -
All Segments of City
Website visits by non-
English users
Increase 25%a)Comprehensive
recruitment strategy for
non-traditional applicants
b)Website enhancements
Non-traditional
applicants for
2 applicants for each opening
Commissions and for non-English speakers
volunteer positions c) Recruitment strategy for
participation at BCU
BCU participation 20 participants each session
Youth -
Strengthened and
Empowered
High School
graduation rate
Increase 2% across city a)Collaborate w/ Brooklyn
Bridge Alliance for Youth
b)Consider increasing City
allocation to strengthen
and empower youth
Youth unemployment
rate
Decrease 2%
Out-of-school Increase 10%
program
participation rate
c)City-wide crime analysis
d) Work w/ Hennepin
Leadership 25-50 youth leaders actively engaged diversion program
development
Youth crime rate Decrease 2%, with emphasis on
5T!EHO LDER5 diversion and restorative justice
Infrastructure -
Key Investments
-0 1-17
CIP funding Full funding of highest priority projects a)Comprehensive CIP plan
b)Phase II Federal Funding
for Brooklyn Blvd corridor
c) Phase I Federal Funding
forTH 252
Brooklyn Blvd
corridor
Obtain Phase 2 Federal funding
TH 252 Obtain Phase 1 Federal funding
EXCERPT
MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC
DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND
THE STATE OF MINNESOTA
WORK SESSION
SEPTEMBER 14, 2015
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work
Session called to order by Mayor/President Tim Willson at 8:51 p.m.
ROLL CALL
Mayor/President Tim Willson and Councilmembers/Commissioners April Graves, Kris
Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt
Boganey, Finance Director Nate Reinhardt, Public Works Director/City Engineer Steve
Lillehaug, Director of Business and Development Gary Eitel, Director of Community Activities,
Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City
Manager/Director of Building & Community Standards Vickie Schleuning, City Attorney Troy
Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc.
REDEVELOPMENT OF THE SOUTHERN PORTION OF THE OPPORTUNITY SITE
Director of Business and Development Gary Eitel provided background, the strategic goal
regarding targeted redevelopment, and presented a preliminary development agreement (Contract
for Exclusive Negotiations with Sand Development LLC) for the development of a market rate
apartment and commercial Planned Unit Development within the southern portion of the
Opportunity Site. He asked the City Council/EDA if they wished to proceed with the
development.
Mayor/President Willson reported on conversations he had with New Millenium Academy
developers and that the general consensus was in order to entice the millennial generation of
residents, the City needs to provide upper scale housing and amenities.
Councilmember/Commissioner Ryan stated that he supports the development plan. He asked if
the City serving as the master developer would give the City more control. Mr. Eitel replied that
he believes the City would have ultimate control because it owns the land.
Mayor/President Willson stated that the key is that the City owns it.
Councilmember/Commissioner Lawrence-Anderson stated she supports the development plan.
The majority consensus of the City Council/EDA was to move forward with the development
plan.
ADJOURNMENT
Councilmember/Commissioner Ryan moved and Councilmember/Commissioner Myszkowski
seconded adjournment of the City Council/Economic Development Authority Work Session at
10:25 p.m.
Motion passed unanimously.
Resolution Approving Agreements Related
to the Development of the Opportunity Site
Southern Southern Area: Area: 47.36 47.36 acres lying north of Bass Lake Road and south of John Martin Drive, anchored by acres lying north of Bass Lake Road and south of John Martin
Drive, anchored by
the EDA properties (the former Brookdale Square and Brookdale Ford sites)the EDA properties (the former Brookdale Square and Brookdale Ford sites)
The2016StrategicPrioritiesand2016-2018StrategicPlan
adoptedbytheCityCouncilonApril27,2015identified
TargetedRedevelopmentasoneoftheCity’sstrategic
prioritiesandincludedthecompletionofthe1phased
st
redevelopmentofthesouthernportionoftheOpportunity
Site,amixeduseresidentialandcommercialredevelopment
oftheformerBrookdaleSquareandBrookdaleFord
commercialpropertiesasoneoftheKeyOutcomesforthis
StrategicPriority.
Astrategytoachievethisstrategicpriorityincludesthefollowingactions/initiatives
bytheEDA:
completethedemolitionofthevacantBrookdaleSquarebuildingsandthe
formerBrookdaleFordsite;
completethemasterplanningofallinfrastructureimprovementsforamulti
phasedplannedunitdevelopment;
establishataxincrementredevelopmentdistrictandfinancialstrategiesto
enablethecompletionofallnecessaryinfrastructureimprovements;
enterintodevelopmentagreementswithaqualifieddeveloperforthephased
developmentof500-600apartmentunitsconsistentwiththeCity’svisionand
masterplanningoftheOpportunitySiteandaqualifiedcommercialdeveloper
forthedevelopmentofapproximately5acresofcomplimentaryretailbusinesses
&services.
Atargetwithinthe2016-2018StrategicPlanisthatthefirstphasedevelopmentof
approximately120-150marketrateapartmentunitswillcommence.
On September 14, 2015, the City Council/EDA Work Session
included a discussion on a preliminary development
agreement (Contract for Exclusive Negotiations with Sand
Development LLC) for the development of a market rate
apartment and commercial Planned Unit Development
within the southern portion of the Opportunity Site.
The majority consensus of the City Council/EDA was to move
forward with the development plan.
TheagreementprovidesfortheEDA(theAuthority)
servingastheMasterDeveloperoftheOpportunity
SiteandSandDevelopmentLLC.(theRedeveloper)
servingasthebuilderandmanageroftheresidential
componentofthismixedusedevelopment.
Thedevelopmentstrategyofthisagreementseeksto
minimizetheoverallprojectrisksandenablethebuilderto
focusonthebuildingandsiteenhancementsthatpromote
attractive/lifestyleorientedfeaturesandimprovethe
qualityofthedevelopment.
TheEDA’suseofTaxIncrementFinancingtoundertakethe
infrastructureimprovementswillprovideasourceofrevenue
toenableaninvestmentintothevisionandpreferred
directionoftheCityanditsredevelopmentgoalsforthe
OpportunitySite.
SandDevelopmentLLC(theRedeveloper)willundertakeatitssolecost
andexpensethefollowing:
thedevelopmentofpreliminarydesignschemesofthe
a)
Improvementsincludingsiteplansandparkinglayoutsalongwith
buildingelevations,amenities,floorplansandunitplans;
thedevelopmentpreliminarytotaldevelopmentcostbudgetsfor
b)
theImprovements;
conductfeasibilityanalysisfortheImprovementsincludingmarket
c)
demand,targetmarkets,buildingfeaturesandattributes,pricing
andrentalratestructure,marketsaturationandpenetrationrates,
financialproformasandprojectcapitalandfinancing;and
developapreliminarycompletionschedulefortheImprovements.
d)
TheEDA(theAuthority)willundertakeatitssolecostandexpensethe
following:
developpreliminarySitedesignschemesforthepublicimprovements
a)
includingstreetsandstreetscape,parksandtrailsandutilitiesincluding
water,sewerandstormwater(retentionandtreatment);
developpreliminarytotaldevelopmentcostbudgetsforthepublic
b)
improvementsfortheSiteandfinancingoptions;
conducttrafficstudiesrelatedtotheSiteandImprovements;and
c)
developpreliminarydesignschemesforthecommercial
d)
redevelopment.
Assumingthattheabovetasksarecompletedina90dayperiodandresultinthe
following:
theCityfindsthedesignschemesandplannedimprovementsdevelopedby
1)
SandsDevelopmentforaresidentialdevelopmentwhichmeetsthevisionofthe
CityfortheredevelopmentoftheOpportunitySite,
thefeasibilityanalysisprovidesSandDevelopmentwiththenecessaryfindings
2)
andassurancesthattheprojectisfeasibleandmarketable,and
theEDAapprovesthenecessaryinfrastructureimprovementsanddetermines
3)
thattheyareeconomicallyfeasibletobefundedthroughaTaxIncrementBond.
thenEDAandSandDevelopmentLLCcouldproceedwithaDevelopmentAgreementas
outlinedunderSection4.0ofthepreliminarydevelopmentagreement(contractfor
exclusivenegotiations)
Duration of the contract.
Land acquisition price and terms from Authority to Redeveloper for the Improvements which shall
be one dollar and other good and valuable consideration.
Site preparation timing and costs to be paid for and completed by Authority which shall include
but not limited to demolition and environmental remediation.
Public improvement timing and costs to be paid for and completed by Authority.
Timing of land acquisition and construction of the Improvements and public improvements.
Affordability requirements, if any.
City review and approval rights.
Other financial assistance that may be required to complete the Improvements as determined
mutually by the Parties based on the completed feasibility analysis.
The preparation of a Development Agreement in February-March would enable a 1phase
st
construction schedule to occur in 2016.
The proposal by Solution Blue, Inc. provides for the
necessary Civil Engineering, Land Surveying, Landscape
Architecture, Public Infrastructure Coordination,
Development Phasing Plan and Traffic Analysis to complete
the design items and tasks identified as the responsibility of
the EDA.
The EDA’s cost for the preparation of preliminary designs,
infrastructure & feasibility studies, and budgets for a Master
Development Plan for this 32 acre site have been broken into
the following design components:
Project TasksFees Summation
Task A: Topographic Survey$ 13,200
Task B.1: Programming and Inventory $ 21,815
Task B.2: Concept Plan$ 9,490
Task B.3: Concept Revision & City Meeting $ 11,755
Step One $56,260
Task C.1: Coordinate City Review and Comments $ 1,600
Task C.2: Refine Master Plan$ 11,630
Task C.3: Probable Cost Estimate $ 5,740
Task C.4 Supplemental Traffic Analysis$ 21,450
Step Two $40,420
Optional Services for Commercial/Civic Area
Task D.1: Programming and Inventory$ 8,785
Task D.2: Concept Plan $ 6,115
Task D.3: Concept Revision & City Meeting$ 4,760
Task D.4: Refine Master Plan $ 5,860
Task D.3: Probable Cost Estimate $ 2,460
Total for Additional Area $27,980
The proposed redevelopment of Opportunity Site with a
residential component that exceeds a mandatory threshold
of 375 attached units in a city within the seven-county Twin
Cities Metropolitan Area (MN Rule 4410.4300 and
4410.4400) is required prepare and process an
Environmental Assessment Worksheet (EAW)
The costs associated with the Preliminary Development
Agreement will be funded by Tax Increment District 3.
The development and infrastructure costs identified by
the Preliminary Design and Feasibility Study are
proposed by be funded though the creation of a
Redevelopment Tax Increment District for Southern
portion of the Opportunity Site.
It is recommended that the Economic Development
Authority consider approval/adoption of a Resolution
Approving Agreements Related to the Development of the
Opportunity Site