HomeMy WebLinkAbout2007-124 Council ResolutionCouncil Member Reinert introduced the following resolution and moved
its adoption:
CITY OF LINO LAKES
RESOLUTION NO. 07-124
RESOLUTION EXTENDING THE SITE IMPROVEMENT PERFORMANCE
AGREEMENT AND THE CONDITIONAL USE PERMIT FOR THE RUSSIAN
BAPTIST CHURCH
WHEREAS, the Site Building Plan Review and Conditional Use Permit for the Russian Baptist
Church was approved with Resolution No. 02 -82 by the City Council on September 23, 2002,
and
WHEREAS, the City Council adopted Resolution 03 -148 on September 8, 2003, which extended
the project initiation time for the project until June 30, 2004; and
WHEREAS, the City Council adopted Resolution 05 -90 on July 11, 2005, which further
extended the project initiation time for the project until September 23, 2005; and
WHEREAS, the City Council adopted Resolution 05 -91 on July 11, 2005, which approved the
Site Improvement Performance Agreement; and
WHEREAS, the City's zoning ordinance and conditions of Site and Building Plan approval
provide for the execution of a performance agreement to insure satisfactory completion of the
improvements,
• NOW, THEREFORE BE IT RESOLVED THAT the Lino Lakes City Council approves an
extension of the substantial construction date required by the Conditional Use Permit issued to
the Russian Baptist Church to no later than November 1, 2007.
BE IT FURTHER RESOLVED THAT Lino Lakes City Council approves an extension of the
Site Improvement Performance Agreement with Russian Baptist Church to require completion of
construction activities by November 1, 2007, subject to the following condition of approval:
1. The perimeter screening of the site shall be completed in conformance with the
requirements of Section 3.4.Q. of the City's Zoning Ordinance.
ATTEST:
e ' artell, City Cler
Adopted by the Lino Lakes City Council this 24th day of September, 2007.
41U--
J : --fgeson, Mayor
The motion for the adoption of the foregoing resolution was duly seconded by Council Member
and upon vote being taken thereon, the following voted in favor thereof:
Stoltz, Carlson, O'Donnell, Reinert, Bergeson
The following voted against same:
none
Whereupon said resolution was declared duly passed and adopted
4
Carlson
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AGENDA ITEM 6.A.
STAFF ORIGINATOR: Paul Bengtson
C.C. MEETING DATE: September 24, 2007
TOPIC: Consideration of Resolution No. 07 -124:
Russian Baptist Church
• C.U.P. Completion Date Extension
• Performance Agreement Extension
VOTE REQUIRED: Simple Majority
BACKGROUND
9/23/2002 The City Council approved the Site and Building Plans and Conditional
Use Permit for the Russian Baptist Church per Resolution No. 02 -82
9/8/2003 The City Council approved an Extension of the project initiation for the
for the Site and Building Plans and Conditional Use Permit per Resolution
No. 03 -148
7/11/2005 The City Council approved a 2nd Extension of Time for the initiation of
construction, extending the deadline to September 23, 2005 per Resolution
No. 05 -90
7/11/2005 The City Council approved a Site Improvement Performance Agreement
for construction of the Russian Baptist Church per Resolution No. 05 -91
7/25/2005 The Site Improvement Performance Agreement was executed by the
developer and the city with full financial guarantees submitted
As indicated above, the development project is covered by three levels of approval,
including the Conditional Use Permit; Site and Building Plan Approval; and the
Performance Agreement. Because of the multiple levels of controls the project is subject
to multiple dates requiring the initiation of construction, substantial completion of
construction, and ultimate completion of construction. Based on the previously indicated
background information, the following deadlines are active at this time:
Initiation
Date
Substantial
Completion
Ultimate
Completion
Conditional Use Permit
9/23/2005
9/23/2005
Not Applicable
Site and Building Plans
9/23/2005
Not Applicable
Not Applicable
Performance Agreement
1/25/2006
Not Applicable
1/25/2007
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CONDITIONAL USE PERMIT
The City Council previously approved extensions of the `initiation date' for construction
activities to begin on the site. The zoning ordinance requires construction to begin within
12 months after the Conditional Use Permit was approved. The construction did begin in
a timely manner after the final extension was granted. However, the zoning ordinance
also requires `substantial construction' be completed within 36 months of the approval.
Since the extensions of time previously granted by the City Council did not specifically
extend this `substantial construction' date, staff is requesting that this be done at this time
to clarify that the `substantial construction' of the project would be required to be
completed by October 31, 2007.
SITE AND BUILDING PLANS
The Zoning Ordinance requires initiation of construction within six months of approval.
This deadline was extended by both of the Extension of Times to a date of 9/23/2005. As
construction did begin prior to this date, the Site and Building Plans approval is therefore
deemed to be active and up to date at this time.
SITE IMPROVEMENT PERFORMANCE AGREEMENT
The Site Improvement Performance Agreements does not have an expiration date and is
in full force and effect until completion of the project. The agreement does include a
section titled `Completion Date' which sets a deadline for the project to be completed.
The activities authorized by site and building plan approval shall be initiated within
six (6) months. If such activity is not completed within eighteen (18) months, the
site approval shall no longer be in effect, and re- application and approval of site and
building plans shall be required unless an extension is granted by the City.
If the construction on the site is not completed within the 18 months, the city may grant
an extension to the completion date. If this time is not extended by the city the developer
is in breach of contract. A breach does not void the agreement, but rather requires the
city to use the `Remedies For Breach' portion of the contract to guarantee satisfaction.
Under the terms of the agreement the City may direct the Developer to undertake and
complete the work in a specified reasonable time.
As the developer is still making progress towards completion of the project and has
indicated that all work can be completed by November 1, 2007; staff is recommending
that the Completion Date for the Performance Agreement be extended to that date.
PERIMETER LANDSCAPING
At the previous City Council meeting, neighbor's expressed a concern over the perimeter
landscaping of the site. The original approvals did require that perimeter landscaping be
provided in accordance with the zoning ordinance. Since the meeting the developer has
been working with the neighbors to address the perimeter landscaping requirements of
the ordinance. A condition of approval is being attached to the extension resolution that
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will require appropriate perimeter landscaping.
RECOMMENDATION
Staff is recommending adoption of Resolution No. 07 -124 approving an extension of the
Site Improvement Performance Agreement completion date and the substantial
construction completion date of the Conditional Use Permit.
ATTACHMENTS
1. Resolution No. 07 -124
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