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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