HomeMy WebLinkAbout2016 05-09 EDAPEDA MEETING
City of Brooklyn Center
May 9, 2016 AGENDA
1.Call to Order
—The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2.Roll Call
3. Approval of Agenda and Consent Agenda
—The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a.Approval of Minutes
1. April 25, 2016 —Regular Session
b.Resolution Approving the Termination of the Declaration of Covenants and
Restrictions on Property Located at 6121 Brooklyn Boulevard
4. Commission Consideration Items
—None
5. Adjournment
EDA 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
APRIL 25, 2016
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 10:20 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 Executive
Director Curt Boganey, Director of Business and Development Gary Eitel, City Attorney Troy
Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Ryan moved and Commissioner Myszkowski seconded to approve the Agenda
and Consent Agenda, and the following item was approved:
3a.APPROVAL OF MINUTES
1. March 28, 2016— Regular Session
3b.RESOLUTION NO. 2016-10 APPROVING AN APPLICATION FROM
THE EDA, ACTING ON BEHALF OF HYDE DEVELOPMENT FOR A
HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT TO
ASSIST IN FINANCING ADDITIONAL CLEAN-UP COSTS WITH THE
FORMER HOWE FERTILIZER SITE, LOCATED AT 3101 49TH AVENUE
NORTH
Motion passed unanimously.
4. PUBLIC HEARINGS
4a. RESOLUTION NO. 2016-11 APPROVING CONVEYANCE OF CERTAIN
PROPERTY LOCATED AT 6121 BROOKLYN BOULEVARD
04/25/16 -1- DRAFT
Director of Business and Development Gary Eitel introduced the item, discussed the history, and
stated the purpose of the proposed Resolution to convey 6121 Brooklyn Boulevard to The
Sanctuary of Brooklyn Center to construct a 158-unit senior assisted living housing project. It
was noted that notice was published in the official newspaper on April 14, 2016. He described
the proposed project and terms of the purchase agreement for this 4.5-acre site in the amount of
$1.5 million.
Commissioner Graves asked about the potential impact of State action related to Tax Increment
Financing (TIF). Mr. Bitel stated this was created as a new housing TIF District, is pay-as-you-
go, and stands on its own so he does not see an issue with any pending legislation.
Commissioner Ryan moved and Commissioner Graves seconded to open the Public Hearing.
Motion passed unanimously.
No one appeared to speak.
Commissioner Myszkowski moved and Commissioner Ryan seconded to close the Public
Hearing.
Motion passed unanimously.
Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO.
2016-11 Approving Conveyance of Certain Property Located at 6121 Brooklyn Boulevard.
Motion passed unanimously.
5. COMMISSION CONSIDERATION ITEMS
5a. RESOLUTION NO. 2016-12 ACCEPTING BID AWARD CONTRACT
FOR DEMOLITION OF EDA OWNED PROPERTY LOCATED AT 2500
BASS LAKE ROAD (FORMER BROOKDALE FORD SITE)
Director of Business and Development Gary Bitel introduced the item, discussed the history, and
stated the purpose of the proposed Resolution to accept bids and award the contract to demolish
2500 Bass Lake Road, the former Brookdale Ford site. It was noted that notice was published in
the official newspaper on April 14, 2016. Mr. Eitel reviewed the demolition specifications and
stated the low bid was submitted by Rachel Contracting in the amount of $114,700 and $55 per
yard for Bid Alternate #1. Mr. Bitel stated the demolition costs for this site are funded from Tax
Increment District No. 3.
Commissioner Ryan noted the restaurant is located in the area of the apartment proposal. Mr.
Eitel clarified the restaurant has a lease with the EDA and expressed some interest in relocating.
04/25/16 -2- DRAFT
Commissioner Myszkowski moved and Commissioner Graves seconded to adopt
RESOLUTION NO. 2016-12 Accepting Bid Award Contract for Demolition of EDA Owned
Property Located at 2500 Bass Lake Road (Former Brookdale Ford Site).
Motion passed unanimously.
6. ADJOURNMENT
Commissioner Ryan moved and Commissioner Graves seconded adjournment of the Economic
Development Authority meeting at 10:41 p.m.
Motion passed unanimously.
04/25/16 -3- DRAFT
EDA Agenda Item No. 3b
DATE: May 9, 2016
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Resolution Approving the Termination of the Declaration of Covenants and
Restrictions on Property Located at 6121 Brooklyn Boulevard
Recommendation:
It is recommended that the Economic Development Authority adopt the Resolution Approving
the Termination of the Declaration of Covenants and Restrictions on Property located at 6121
Brooklyn Boulevard.
Background:
On November 12, 2013, the EDA authorized the acquisition of the former Cars with
Heart/BRAG Auto property, located at 6121 Brooklyn Boulevard, which the City later acquired
for $1,500,000 from Kagel Investment Company. Immediately thereafter, City staff began to
market the acquired property as a development site for senior housing and/or assisted living.
On March 23, 2015, the EDA adopted Res. No. 2015-06, which approved a Letter of Intent to
Purchase with SCA Properties, LLC ("SCA") to sell and develop the subject site. On January
25, 2016, the City Council approved SCA's plans to redevelop the subject site with a new 158-
unit senior housing and assisted living facility to be titled "The Sanctuary of Brooklyn Center."
As part of the title work and investigation in this site, it was discovered an existing Declaration
of Covenants and Restrictions ("DCR") document remains recorded against the property
(attached). This DCR was created as part of the original PUD zoning on the former Brookdale
Chrysler-Plymouth Dealership (September 28, 1998). The DCR stipulated the main dealership
lot can only be used for "motor vehicle sales, leasing, service and the sale of vehicle parts." and
the secondary lot "...shall be used only for parking and display ofpassenger vehicles for sale."
On January 25, 2016, the City Council approved Resolution No. 2016-19, A Resolution
Regarding the Disposition of Planning Commission Application No. 2016-01, Submitted by
SCA Properties, LLC. Requesting Approval of a Planned Unit Development Amendment and
Site and Building Development Plan Approval for the Sanctuary of Brooklyn Center, the 158-
Unit Senior Assisted Living Housing Project Located at 6121 Brooklyn Boulevard.
This resolution provided for the City Council's approval to amend the 1998 Planned Unit
Development of the Brookdale Chrysler-Plymouth Dealership, enabling the redevelopment of
the subject site consistent with the approved Site and Building Plan known as the Sanctuary of
Brooklyn Center Senior Living", which shall serve as the new (and approved) Development Plan
to this amended PUD.
Mission: Ensuring an attractive, clean, safe, inclusive coinnuinhty that enhances the quality of life
for al/people and preserves the public trust
I M Ji1 V ,IYA UhY I Mk1 (I) )1lJh'AI
The City Attorney recommends the EDA adopt this resolution in order to terminate this original
DCR, thereby removing the auto sales/display restrictions currently in place. A new Termination
of Declaration of Covenants and Restrictions agreement has also been prepared for signatures
and recording (attached); and a new DCR will be prepared and recorded upon closing of the site.
Budget Issues:
There are no budget issues to consider.
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. 2016 -
RESOLUTION TERMINATING DECLARATION OF COVENANTS AND
RESTRICTIONS ON PROPERTY LOCATED AT 6121 BROOKLYN
BOULEVARD
WHEREAS, the Economic Development Authority of Brooklyn Center,
Minnesota (the "EDA") owns certain real property legally described as follows (the "Property"):
Parcel 1:
That part of Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition lying
North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin
County, Minnesota. Being registered land as is evidenced by Certificate of Title
No. 1384364.
Parcel 2:
Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition, except that part lying
North of the North line of Lot 23, Auditor's Subdivision No. 25, Hennepin
County, Minnesota. Abstract Property
Parcel 3:
The property legally described as Lot 1, except that part thereof which lies
Northeasterly of a line run parallel with and distant 42 feet Southwesterly of the
following described line:
From a point on the North line of Section 3, Township 118 North, Range 21 West,
distant 1741.08 feet West of the Northeast corner thereof, run Southeasterly at an
angle of 68 degrees 01 minutes 52.3 seconds with said North Section line for
104.54 feet; thence deflect to the right at an angel of 17 degrees 20 minutes 35.2
seconds for 536.92 feet to the point of beginning of the line to be described;
thence run Northwesterly along the last described course for 100 feet; thence
deflect to the left on a 2 degree 00 minute curve (delta angle 17 degrees 20
minutes 35.2 seconds) for 867.16 feet and there terminating; Block 6, Wangstad's
Brooklyn Terrace, according to the plat thereof on file or of record in the office of
the Registrar of Titles in Hennepin County, Minnesota.
WHEREAS, as part of a past rezoning approval, from C-2 (Commerce) and C-1
(Service/Office) to an overall and current zoning of PUD/C-2 (Planned Unit
Development/Commerce) for the Property, the City required a covenant be placed on the
property limiting its use to the sale and leasing of vehicles; and
WHEREAS, pursuant to that certain Declaration of Covenants and Restrictions,
dated June 22, 1999 and filed June 30, 1999 as Document No. 7138755 (the "Declaration"), the
Property was made subject to certain restrictive covenants as set out in the Declaration; and
WHEREAS, Section 5 of the Declaration provides that the Declaration may be
amended by a written amendment executed by the City and the owner or owners of the lot or lots
to be affected by the amendment; and
WHEREAS, the restrictions expressed in the Declaration no longer apply to the
Property and it is the desire of the EDA to consent to terminate the Declaration.
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority of Brooklyn Center, Minnesota as follows:
The EDA hereby approves the proposed Termination of Declaration of
Covenants and Restrictions on the Property, terminating, in its entirety, the
Declaration.
2. The EDA President is hereby authorized to execute the Termination of
Declaration of Covenants and Restrictions on the Property on behalf of the
EDA.
May 9, 2016
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.
I M^-
DECLARATION OF COVENANTS
AND RESTRICTIONS.
TFM DECLARATION made thise day of , 1999, by
William I. Bartram and by Chrysler Realty Cooration, a Delaware corporation (hereinafter
collectively referred to as the "Declarants");
WHEREAS, Declarant William I. Bartram is the owner of the real property
described as Lot 1, except that part thereof which lies Northeasterly of a line run parallel with
and distant 42 feet Southwesterly of the following described line:
From a point on the North line of Section 3, Township 118 North, Range 21 West,
distant 1741.08 feet West of the Northeast corner thereof, run Southeasterlyat an
N angle of 68 degrees 01 minutes 523 seconds with said North Section line for 104.54
N feet; thence deflect to the right at an angle of 17 degrees 20 minutes 35.2 seconds for
536.92 feet to the :point of begizning of the line to be described; thence run
L Northwesterly along the last described ôoursc for 100 feet; thence deflect to the left
on a 2 degree 00 minute curve (delta angle 17 degrees 20 minutes 35.2 seconds) for
867.16 feet and there terminating. Block 6, Wangstad's Brool<lyn Tettace, according
4
to the plat thereof on Me or of record in.. the office of the Registrar of. Titles in
Hennepin County, Minnesota.
)and Declarant Chrysler Realty Corporation is the owner of real property described as:
Lot 1, Block 1, CHRYSLER MOTORS CORPORATION 2ND ADDON
according to the reorded plat thereof, Hennepin County, Minnesota
Q)_4t)
(hereinafter collectively referred to as the "Subject Propertie&'); and
WHEREAS, the Subject Properties are subject to certain zoning and laud use
restrictions imposed by the city of Brooklyn Center, Minnesota ("City") in connection with
the rezoning of the Subject Properties from the zoning classifications C-i (Service/Office)
and C-2 (Commerce) to PUD/C-2 as provided in City Resolution No. 99469 adopted on
September 28, 1998; and
CLL-153140
BR291454
WHEREAS, the City has approved such rezoning on the basis of the determination
Of the City Council of the City that such rezoning is acceptable only by reason of the details
of the development proposed and the unique land use characteristics of the proposed use of
the Subject Properties; and that but for the details of the development proposed and the
unique land use characteristics of such proposed use, the rezoning would not have been
approved; and
WHEREAS, as a condition of approval of the rezoning, the City has required the
execution and filing of this Declaration of Covenants, Conditions and Restrictions
(hereinafter the 4 Declaratioif); and
WHEREAS, to secure the benefits and advantages of such rezoning, Declarants
desire to subject the Subject Properties to the terms hereof.
NOW, THPJ.EFORE, the Declarants declare that the Subject Properties are, and
shall be, held, transferred, sold, conveyed and occupied subject to the covenants, conditions,
and restrictions, hereinafter set forth,
1.The use and development of the Subject Properties shall conform to the Site
Plan attached hereto as Attachment One, the Landscape Plan attached hereto as Attachment
Two, the Shop Additioriand Renovation Floor Plans attached hereto as Attachment Three,
the Office/Showroom Renovation Floor Plans attached hereto as Attachment Four, and the
Exterior Elevations, Roof Plan attached hereto as Attachment Five, all of which Attachments
are hereby made a part hereof. No buildings or structures other than those shown on
Attachments One through Five may be erected or maintaineid on the Subject Properties.
2.The Subject Properties shall be limited to the following uses:
CLL-153140 2BR291-154
-• -
4t
II
a.The property legally described as Lot 1, Block 1, CHRYSLER
MOTORS CORPORATION 2ND ADDITION, according to the
recorded plat thereof, Hennepin - County,. Minnesota, shall be used
only for motor vehicle sales, leasing, service and the sale of vehicle
Pam,
b.The property legally described as Lot 1, except that part thereof which
lies Northeasterly of a line nm parallel with and distant 42 feet
Southwesterly of the.following described line:
From a point on the North line of Section 3, Township 118 North,
Range 21 West, distant 174108 feet West of the Northeast corner
thereof, run Southeasterly at an angle of 68 degrees 01 minutes 52.3
seconds with said North Section line for 104.54 feet; thence deflect to
the right at an angle of 17 degrees 20 minutes 35.2 seconds for 536.92
feet to the point of beginning of the line to be described; thence rim
Northwesterly along the last described course for 100 feet; .thence
deflect to the left on a 2 degree 00 minute curve (delta angle 17
degrees 20 minutes 35.2 seconds) for 867.16 feet and there
terminating. Block6,. Watigstad's Brooklyn Terrace, according to the
plat thereof on file or of record in the office of the Registrar of Titles
in Hennepin County, Minnesota.
shall be used oaiy for parking and display of passenger vehicles for
sale.
3. The Subject Properties may only be developed and used in accordance with
Paragraphs 1 and 2 of these Declarations unless the owner first secures , approa1 by the City
Council of an amendment to the planned unit development plan or a rezoning to a zoning
classification which permits such other development and use. Changes to the layout and
design of the interior of buildings shown on Attachments Three and Pour may be made
without amendment to the planned unit development plan provided no changes are made to
CX.L-X53140
-
lid
location or size of exterior doors or windows and provided such changes are otherwise in
compliance with the requirements of law and ordinance applicable thereto.
4 Except as provided herein use of the Subject Properties shall conform to the
regulations of the City of Brooklyn Center appliôable to C2 (Commerce) DistrIct.
5. The obligations and restrictions of this Declaration run with the land of the
Subject Properties and shall be enforceable against the Declarants, their successors and
assigns; by the City acting through its City Council. This Declaration may be amended from
time to time by a written amendment executed by the City and the owner or owners of the lot
or lots to be affected by said amendment.
N WiTNESS WEBREOF the undersigned as duly authorized agents, officers or
representatives of Declarants. have hereunto set their hands and seals as of the day and year
Em above written. Or O1_
William J. Bartram
CHRYSLER REALTY CORPORATION
By:
By:
(SEAL)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledgedrA o24— 1999 by William J. Bartram.
me this ay of
NotaryPu
CLL-153140 4BR291-184
STAFE bbF MICHIGAN ) -.
)ss
C4ON$Y OF_______
• --
J The fbrgoing üistruieit WJltoyledged before me this ____ day of
_I999 by a1 • the RO E pREsIIJE1'ff ancIP the ASSISTAAIrfor and on behalf of
CliyIr Realty Corpomton, a Delaware oorporati
'Notary Pubb6 cL i;
PETER J TOMPKINSNotary Public, Macom b County, MichIn Oaianci County, Mi ch ,tgaiMy Commission Expires OcL 6 F 2000 1.
THIS 1NSTRUMET WAS DRAFrED BYj
KENNEDY & GRAVENCHARLES L. LE1EVERE
470 PILLSBURY CENTER200 SOUTH SIXTR STREETMtNNEAPOL1S) MN 55402
(612) 37-9300
SCLL-1$3I4O
BR291-154
TERMINATION OF DECLARATION OF COVENANTS AND RESTRICTIONS
THIS TERMINATION OF DECLARATION OF COVENANTS AND RESTRICTIONS (this
"Termination") is made as of April , 2016, by the City of Brooklyn Center, Hennepin
County, Minnesota (the "City") and the Economic Development Authority of Brooklyn Center,
Minnesota, a body politic and corporate organized and existing under the Constitution and laws
of the State of Minnesota (the "Authority").
RECITALS:
A.Pursuant to that certain Declaration of Covenants and Restrictions, dated June 22,
1999 and filed June 30, 1999, as Document No. 7138755 (the "Declaration"), certain real
property legally described in Exhibit A attached hereto and made a part hereof (the "Property"),
was made subject to certain restrictive covenants as set out in the Declaration.
B.Section 5 of the Declaration provides that the Declaration may be amended by a
written amendment executed by the City and the owner or owners of the lot or lots to be affected
by the amendment.
C. The Authority is the owner of the Property and the City and the Authority
(collectively, the "Parties") wish to terminate the Declaration as it no longer applies to the
Property.
NOW, THEREFORE, the Parties hereby declare as follows:
1.The Recitals are hereby incorporated into this Termination as if fully set forth
herein.
2.The Declaration is hereby terminated in its entirety as of the date hereof and shall
have no further force or effect.
3. This Termination inures to the benefit of the Authority and its respective
successors and assigns as owners of all or any portion of the Property.
4. This Termination is entered into and shall be governed by and construed in
accordance with the laws of the State of Minnesota.
IN WITNESS WHEREOF, the parties have executed this Termination as of the date set
forth above.
AUTHORITY:
ECONOMIC DEVELOPMENT AUTHORITY
OF BROOKLYN CENTER, MINNESOTA, a
body politic and corporate organized and existing
under the Constitution and laws of the State of
Minnesota
By:_
Name:
Its:
CITY:
THE CITY OF BROOKLYN CENTER,
MINNESOTA
By:_
Name:
Its:
STATE OF MINNESOTA )
)
COUNTY OF_______ )
The foregoing instrument was acknowledged before me this ______ day of April, 2016,
by, the _ of the Economic Development Authority of
Brooklyn Center, Minnesota, a body politic and corporate organized and existing under the
Constitution and laws of the State of Minnesota, on behalf of such public body.
Notary Public
2
STATE OF MINNESOTA
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of April, 2016,
by, the of the City of Brooklyn Center, Minnesota.
Notary Public
THIS DOCUMENT WAS DRAFTED BY:
McGrann Shea Carnival
Straughn & Lamb, Chartered (KAS)
800 Nicollet Mall, Suite 2600
Minneapolis, MN 55402
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The property located in the City of Brooklyn Center, Hennepin County, Minnesota legally
described as:
Parcel 1:
That part of Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition lying North of the North
line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota.
Being registered land as is evidenced by Certificate of Title No. 13 843 64.
Parcel 2:
Lot 1, Block 1, Chrysler Motors Corporation 2nd Addition, except that part lying North of the
North line of Lot 23, Auditor's Subdivision No. 25, Hennepin County, Minnesota.
Abstract Property
Parcel 3:
The property legally described as Lot 1, except that part thereof which lies Northeasterly of a
line run parallel with and distant 42 feet Southwesterly of the following described line:
From a point on the North line of Section 3, Township 118 North, Range 21 West, distant
1741.08 feet West of the Northeast corner thereof, run Southeasterly at an angle of 68 degrees 01
minutes 52.3 seconds with said North Section line for 104.54 feet; thence deflect to the right at
an angel of 17 degrees 20 minutes 35.2 seconds for 536.92 feet to the point of beginning of the
line to be described; thence run Northwesterly along the last described course for 100 feet;
thence deflect to the left on a 2 degree 00 minute curve (delta angle 17 degrees 20 minutes 35.2
seconds) for 867.16 feet and there terminating. Block 6, Wangstad' s Brooklyn Terrace,
according to the plat thereof on file or of record in the office of the Registrar of Titles in
Hennepin County, Minnesota.
834 163.DOCX
A-1