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HomeMy WebLinkAbout05-05-2008 700 Special MeetingSPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 5, 2008 Council Chambers, City Hall Meeting No. 13-08 A. B C D. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:14 p.m. by Mayor Longrie. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Nephew. Ayes -All The motion passed. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present Present Present NEW BUSINESS Carver Crossing Development -Consider Litigation Settlement a. Consider Conditional Use Permit for Planned Unit Development b. Consider Directing Vacation of Existing Easements c. Consider Preliminary Plat d. Consider Approval of Settlement of Litigation through Approval of Development Contract i. John Baker, Attorney, Greene Espel, PLLP, gave the presentation and addressed and answered questions of the council. Clark Wicklund, Engineer, Alliant Engineering, 233 Park Avenue S., Ste. 300, Minneapolis. Chuck Ahl, Maplewood Acting City Manager, Public Works Director addressed and answered questions of the council. Tom Ekstrand, Maplewood Senior Planner addressed and answered questions of the council. Kurt Schneider, CoPar Companies, 8677 Eagle Point Blvd., Lake Elmo addressed and answered questions of the council. Bruce Melkerson, Attorney for the applicant, 1900 US Bank Plaza, Minneapolis addressed and answered questions of the council. The council took a break at 9:00 p.m, at the request of Mr. Melkerson so the applicant could speak with their legal counsel. The council reconvened at 9:15 p.m. May 5, 2008 Special City Council Meeting Minutes Mr. Melkerson said during the break he spoke with his client and his client stated that "if this is denied by the city council this denial will not constitute a basis for a separate claim and lawsuit against the city". Mayor Longrie opened the discussion. 1. Dale Trippler, Planning Commission Member, 1201 Junction Avenue, Maplewood. 2. Ron Cockriel, Chairperson, Historical Preservation Commission, 943 Century Avenue, Maplewood. (Mr. Cockriel submitted information for the record). 3. Ms. Michael Bailey. 1615 Sterling Street South, Maplewood. (Ms. Bailey submitted a report for the record). 4. Tom Dimond, 2119 Skyway Drive, St. Paul. (Mr. Dimond submitted handouts for the record). 5. Mark Bonitz, 1635 Sterling Street South, Maplewood. (Mr. Bonitz submitted a document for the record). 6. John Gores, 2870 Arcade Street, Maplewood. 7. Steve Mylnarczyk, 1364 Dorland Road South, Maplewood. 8. Ron Cockriel, Chairperson, Historical Preservation Commission, 943 Century Avenue, Maplewood. (spoke twice) 9. Sue Bonitz, 1635 Sterling Street South, Maplewood. (Ms. Bonitz submitted a document for the record). Councilmember Rossbach moved to recommend the Resolution for a Conditional Use Permit (CUP) fora 165 unit Planned Unit Development (PUD). Seconded by Councilmember Juenemann. The councilmembers had a lengthy discussion before calling the vote to question. At 11:35 p.m, the council took a 10-minute break so the applicant, theirlegal counsel, city staff and the city's legal counsel could have a discussion. The council reconvened at 11:45 p.m. Attorney John Baker said "the applicant and their legal counsel sat down with the city's legal counsel (during the break) but there is still a need to "run some numbers" to determine whether or not some of the issues that were discussed (this evening) are conceptually potential ways to resolve this dilemma. The suggestion was made by Mr. Ahl and himself (Mr. Baker) that a recommendation be made to table the matters before the counsel this evening until the next regularly scheduled council meeting which is May 12, 2008. With the understanding that the city expects to hear from the developer within 48 hours regarding whether one or not concepts are available as alternatives. It is suggested that the council set a Closed Session meeting for the purpose from a settlement point of view at 4:30 p.m. on May 12, 2008. At that point the developer would have had an opportunity to review the numbers and city staff and legal counsel will have had an opportunity to examine the information from a planning and financial point of view". Councilmember Rossbach moved to withdraw his original motion Councilmember Juenemann agreed to withdraw her second motion. Councilmember Juenemann moved to table this discussion and requested that the city council have a (Special Closed Session Meetingl at 4:30 p.m. on Mav 12. 2008. and that this item be placed on the agenda for the 6:30 p.m. council meeting. May 5, 2008 2 Special City Council Meeting Minutes Seconded by Councilmember Rossbach. Ayes -All The motion to table passed. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:55 a.m. May 5, 2008 Special City Council Meeting Minutes