HomeMy WebLinkAbout11-09-2007 1200 SMMINUTES
MAPLEWOOD CITY COUNCIL
SPECIAL MEETING
Friday, November 9, 2007
Council Chambers, City Hall
12:00 p.m.
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 12:00 p.m. by Mayor Longrie.
B. ROLL CALL
A
C
Diana Longrie, Mayor Present
Rebecca Cave, Councilmember Present
Erik Hjelle, Councilmember Absent
Kathleen Juenemann, Councilmember Present
Will Rossbach, Councilmember Absent
APPROVAL OF AGENDA
City Manager Copeland added item D3.
Mayor Longrie moved to approve the agenda as amended
Seconded by Councilmember Cave. Ayes - All
NEW BUSINESS
Election Results Canvass
City Clerk, Citizen Services Manager, Karen Guilfoile presented the report.
Mayor Longrie moved to approve the resolution canvassing the results of the General Election
held on November 6, 2007
RESOLUTION
CANVASS OF ELECTION
RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a
canvassing board on November 9, 2007, hereby declares the following results in the November 6,
2007, Municipal General Election.
COUNCIL MEMBER:
Rebecca Cave
John Nephew
DelRay (Rocky) Rokke
Will Rossbach
2,496
3,760
2,368
3,911
Write -In Votes:
November 9, 2007, Special Meeting
Deborah Bauers
Christopher Bierwerth
Bob Bowsel
Bob Cardinal
Dick Carle
Charlie Dobihal
John Doe
James Driscoll
George Farr
Carol Foss
Eric Hjelle
Father Mark Huberty
Hilary Imm
Mary Jones
1 Kathleen Juenemann 1
1 Lames Lileks 1
1 Tom Lobay 1
2 David D. Marshall 1
1 Matt Marchatti 1
1 Mark Mcdonald 1
1 Nathan 1
1 Ron Smieja 1
1 Steve Smith 1
1 Stephen Stenzel 1
1 Kathy Trost 1
1 Joan Wigfield 1
1 Bill Zollman 1
As the top vote getters on the November 6, 2007 General Election, John Nephew and Will
Rossbach will be sworn in on January 7, 2008.
Seconded by Councilmember Juenemann. Ayes - All
2. Legacy Village Tax Abatement 2 nd Amendment
Finance and Administration Manager, Bob Mittet presented the report.
Mayor Longrie moved approval of the amendment allowing staff to release the funds held to
Ramsey County in the amount of $208,502.11 and to Kennard East for the remainder, estimated
to be $20.941.26 to Kennard East.
SECOND AMENDMENT TO
SPECIAL ASSESSMENTS ESCROW AGREEMENT
THIS SECOND AMENDMENT TO SPECIAL ASSESSMENTS ESCROW AGREEMENT
( "Agreement ") is made and entered into this 9 th day of November, 2007, by and between
LEGACY HOLDINGS -MW, LLC, a Minnesota limited liability company ( "Legacy); FIRST
AMERICAN TITLE INSURANCE COMPANY, a California corporation ( "Title "); KENNARD
PROFESSIONAL BUILDING EAST, LLC, a Minnesota limited liability company ( "Kennard East ")
and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city ( "City "), (collectively, the
"Parties ").
RECITALS
A. Pursuant to the terms of the First Amendment to Special Assessments Escrow
Agreement ( "First Amendment ") Title disbursed funds under Section 1 of such First Amendment
to allow Kennard East to make payments of principal and interest of 2006 installments of special
assessments which are a lien against the Property ( "Special Assessments ") all as described in
the First Amendment, which reduced the amount held by Title to a current Amount of $49,465.68.
November 9, 2007, Special Meeting 2
B. Notwithstanding the provisions of the Special Assessments Escrow Agreement
( "Original Agreement ") and the First Amendment, Title did not disburse the remaining escrow
funds to the City by November 1, 2006 and the Special Assessments were not paid off as
contemplated by the Original Agreement.
C. Kennard East has now paid the two installments of principal and interest due and
payable on the Special Assessments during 2007 and the full amount needed to pay off the
Special Assessments at this time is $208,502.11.
D. The City had agreed to pay $179,977.69 of the Special Assessments and that
amount combined with the money that Title can deliver to the City, that is $49,465.68, the City will
have a total of $229,443.37.
E. The City is willing to disburse that total amount as follows: (i) $208,502.11 to the
County to pay off the Special Assessments in full, and (ii) $20,941.26 to Kennard East to partially
reimburse Kennard East for the payments of principal and interest on the Special Assessments
that Kennard East made during 2007.
F. Legacy has been asked to execute this amendment to acknowledge that it has no
right to any of the funds described herein notwithstanding the language of Section 3 of the
Original Agreement because the surplus created herein is not the same as the "Excess Escrowed
Funds" as described in such Section 3.
NOW, THEREFORE the Parties agree as follows:
1. The Recitals as set forth above are incorporated for all purposes into this
Agreement.
2. The City acknowledges that Kennard East has not as of the date hereof fulfilled
the terms of Section 6.2(a) of the Development Agreement because a building permit has not
been issued by the City for any proposed development on the Property, but notwithstanding such
fact, the Parties have agreed that Title will immediately pay the amount of $49,465.68 to the City.
The City will accept such amount and provide necessary City funds to pay off the total amount of
the Special Assessments of $208,502.11, which payment will be made to the County by no later
than November 10, 2007, so as to prevent another full year's interest being added to the
outstanding principle amount of the Special Assessments.
3. Because as described above, the Kennard East payments of principle and interest
on the Special Assessments during 2007 created a surplus, the City will reimburse Kennard East
in the total amount of $20,941.26 by check which will be delivered to Kennard East by no later
than November 10, 2007.
4. Legacy acknowledges that it has no right to any of the amounts described herein
and the City is authorized to make the payments as described herein.
5. Unless specifically changed herein, the terms and conditions of the Original
Agreement and the First Amendment to the Special Assessments Escrow Agreement remain in
full force and effect and if the payments are made as described herein, the Original Agreement,
the First Amendment and this Second Amendment will terminate.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first above written.
LEGACY HOLDINGS -MW, LLC
A Minnesota limited liability company
November 9, 2007, Special Meeting 3
a
Its
FIRST AMERICAN TITLE INSURANCE
COMPANY
a California corporation
go
Its
KENNARD PROFESSIONAL BUILDING
EAST, LLC
A Minnesota limited liability company
By
Its
CITY OF MAPLEWOOD, MINNESOTA
A Minnesota statutory city
By
Its
By
Its
Seconded by Councilmember Juenemann. Ayes — All
3. Death of Kurt Parsons
November 9, 2007, Special Meeting 4
City Manager, Greg Copeland reported on the death of Maplewood Firefighter and Paramedic
Kurt Parsons and the arrangements for his funeral.
E. ADJOURNMENT
Mayor Longrie moved to adjourn the meeting at 12:10 p.m.
November 9, 2007, Special Meeting 5