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Establishing the Snelling Midway Green Infrastructure Stormwater Management District and establishing connection and ongoing operation and maintenance charges for property and uses served by the district's stormwater infrastructure.
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WHEREAS, the City of Saint Paul (“City”) and MUSC Holdings, LLC (“Team”) entered into an agreement for the development of a professional soccer stadium on a site near of the northeast corner of the intersection of Snelling Avenue and St. Anthony Avenue in Saint Paul, Minnesota; and
WHEREAS, adjacent to the professional soccer stadium site are several privately-owned parcels of real property where commercial uses are presently located; and
WHEREAS, several of such privately-owned parcels are presently owned by RK Midway Shopping Center, LLC, RK University Midway, LLC, or affiliates of the foregoing (collectively, “RKM”); and
WHEREAS, on August 17, 2016, the City Council adopted, by Resolution PH 16-239, the Snelling Midway Redevelopment Site Master Plan (“Master Plan”) governing the real property generally bounded by Snelling Avenue to the West, University Avenue to the North, Pascal Street to the East, and St. Anthony Avenue to the South (the “Snelling Midway Redevelopment Site”) and generally establishing sustainable stormwater management design principles for the Snelling Midway Redevelopment Site; and
WHEREAS, in a letter dated November 14, 2017, the Team and RKM expressed their support for a sustainable stormwater management system to be constructed to serve the entire Snelling Midway Redevelopment Site and acknowledged that future development must pay to connect to this system as well as pay for the long-term maintenance of the stormwater management system; and
WHEREAS, on November 15, 2017, the City Council approved, by Resolution PH 17-323, limited funding to design and install certain stormwater management and stormwater re-use infrastructure (collectively, the “Green Infrastructure Stormwater Management System”) to serve the Snelling Midway Redevelopment Site; and
WHEREAS, the City studied various stormwater management systems and, based upon those studies, determined representative standard costs for the construction and long-term maintenance of such systems as sustainable stormwater management systems; and
WHEREAS, on May 22, 2019, the City Council, by Ordinance 19-29, enacted amendments to Legislative Code Chapter 81, [effective June 21, 2019], to provide for the establishment of green infrastructure stormwater management districts by resolution and to authorize the establishment of charges to connect to and maintain green infrastructure stormwater management systems; and
WHEREAS, pursuant to the amendments to Legislative Code Chapter 81 enacted under Ordinance 19-29 and Leg. Code § 81.08.1(b), [effective June 21, 2019], the City’s sewer utility manager and the water resources coordinator have jointly recommended establishing a green infrastructure stormwater management district conterminous with the Snelling Midway Redevelopment Site and further establishing connection and ongoing operation and maintenance charges in connection with the green infrastructure stormwater management system serving the Snelling Midway Redevelopment Site; and
NOW, therefore, be it RESOLVED that the City Council of the City of Saint Paul, upon the report and joint recommendation of the City’s sewer utility manager and the water resources coordinator, a copy of which is deemed included herein by reference, hereby establishes the Snelling Midway Green Infrastructure Stormwater Management District conterminous with the Snelling Midway Redevelopment Site as a green infrastructure stormwater management district; and
BE IT FURTHER RESOLVED that the purpose of the Snelling Midway Green Infrastructure Stormwater Management District is to provide additional stormwater management capacity via the District’s Green Infrastructure Stormwater Management System to benefit those parcels and uses within the boundaries of the District that are sources of stormwater; and
BE IT FURTHER RESOLVED that each parcel of land within the Snelling Midway Green Infrastructure Stormwater Management District, as now established or as established in the future, and including future development parcels and uses, must connect to the District’s Green Infrastructure Stormwater Management System and must, pursuant to Leg. Code § 81.08.2(a), pay concurrently with the issuance of a building permit a one-time connection charge of $3.53 per square foot of the net developable parcel area (land area less roads, parks, and stormwater easements) which shall inflate annually at the rate of 3 per cent; provided, if all property owners in each district shall make written application to the City requesting to pay the connection charge in annual installments and pledge further not to appeal the amount of each annual installment, the connection charge may then be paid in equal annual installments over a term of years not to exceed ten (10) years, together with interest fixed at a rate determined in accordance with the Administrative Code, along with the all administrative costs connected with the collection and certification of the connection charge. All connection charges collected shall be applied and certified as specified in Leg. Code § 81.08.2(a); and
BE IT FURTHER RESOLVED that pursuant to Leg. Code § 81.08.2(b), parcels or uses within the Snelling Midway Green Infrastructure Stormwater Management District must also pay an annual operation and maintenance surcharge. All annual surcharges collected shall be deposited, dedicated and applied as specified in Leg. Code § 81.08.2(b).