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HomeMy WebLinkAbout2013-011 Council Resolution• • • CITY OF LINO LAKES RESOLUTION NO. 13-11 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT OTTER LAKE ROAD IMPROVEMENT PROJECT CM PROPERTIES 14, LLC WHEREAS, pursuant to Resolution No. 12 -58 adopted by the City Council on June 25, 2012, the City Engineer has prepared plans and specifications, with reference to Otter Lake Road; and WHEREAS, plans for Project No. S.A.P. 210 - 114- 001which include improvements by the extension of street, sanitary sewer, watermain, storm sewer, traffic control signals, and pedestrian improvements have been prepared and presented to the City (hereinafter referred to as the "Improvement Project "); and WHEREAS, CM Properties 14, LLC is the owner of certain real property in the City abutting said Improvement Project; and WHEREAS, the Owner wishes the City to construct the Improvement Project without notice of hearing or hearing on the special assessments levied to finance the Improvement Project, and to levy up to $374,500 of the cost of the Improvement Project against the Subject Property; and WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owner' property for street right -of -way, temporary construction easements and drainage and utility easements; and WHEREAS, the Owner wishes to donate to the City the necessary right -of -way and easements to provide for the construction of said Improvement Project; and WHEREAS, the City is willing to construct the Improvement Project without certain notices or hearings, provided the assurances and covenants, attached hereto as Exhibit A, are made by the Owner to ensure that the City will have valid and collectable special assessments as they relate to the Subject Property to finance all of the costs of the Improvement Project and that all necessary right -of -way and easements are provided to the City at no cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of The City of Lino Lakes, Minnesota: 1. The City accepts the Petition and Waiver Agreement and authorizes the Mayor and City Clerk to execute said agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28 day of Jan , 2013. The motion for the adoption of the foregoing resolution was introduced by Council Member o' Donnell and was duly seconded by Council Member R - r and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Roeser, Rafferty, SToesz, Reinert • The following voted against same: none ATTEST: • • e Bartell, City ( ler Jeff Rei ayor STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: INTRODUCTION CITY COUNCIL AGENDA ITEM 6Ai Michael Grochala, Community Development Director January 28, 2013 Consider Resolution 13 -11, Accepting Petition and Waiver Agreement from CM Properties 14, LLP, Otter Lake Road Improvement Project 3/5 Vote Required Staff is requesting Council acceptance of a petition and waiver agreement from CM Properties 14, LLP, agreeing to assessments and right -of -way dedication for the Otter Lake Road improvement project. BACKGROUND CM Properties 14, LLP is the owner of land abutting the Otter Lake Road improvement project. The owner originally submitted a petition requesting the proposed improvements in March of 2011. The agreement allows for the City to levy against the subject property the lesser of $374,500 or 50% of the actual cost of the Improvement Project plus $80,000. The $80,000 is intended to cover a portion of any gap between available funding and project costs. The agreement provides for repayment of $80,000 to CM Properties in the form of a trunk utility credit when public trunk utilities are extended across the balance of the property. The agreement also provides for the dedication, at no cost to the city, permanent right -of -way and temporary easements necessary for the construction of the improvements on their property. RECOMMENDATION Staff recommends adoption of Resolution 13 -11. ATTACHMENTS 1. Resolution 13 -11 •