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HomeMy WebLinkAbout2003-071 Council Resolution• • CITY OF LINO LAKES RESOLUTION NO. 03-71 RESOLUTION APPROVING THE PERFORMANCE AGREEMENT WITH LIVING WATERS LUTHERAN CHURCH WHEREAS, the City Council approved an amendment to a conditional use permit and a site and building plan for Living Waters Lutheran Church with Resolution 03 -33 on March 10, 2003, and; WHEREAS, Section 2, Subd. 6.E.4. of the Lino Lakes Zoning Ordinance requires a performance agreement for all site plans, and Resolution 03 -33 includes such an agreement as a condition of approval, and; NOW, THEREFORE, BE IT RESOLVED that the Lino Lakes City Council hereby approves the Site Improvement Performance Agreement between the City of Lino Lakes and the Living Waters Lutheran Church and authorizes the Mayor and City Clerk to execute such agreement on behalf of the City. Adopted by the Lino Lakes City Council this /o, day of ilia./ 2003 ATTEST: Ann Blair pity Clerk a Joh iJ Berg son y o r • • • AGENDA ITEM 7 I STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: May 12, 2003 TOPIC: Resolution No. 03 -71: Approving the Performance Agreement With Living Waters Lutheran Church VOTE REQUIRED: 3/5 BACKGROUND The City Council approved the expansion of Living Waters Lutheran Church on March 10th of this year (Resolution 03 -33). For all commercial and institutional projects, the City requires a performance agreement to ensure that specific site work is completed. The attached performance agreement addresses the site work for the church addition. For the Council's information, Anoka County has agreed that a right turn lane will be created by striping the existing pavement in Birch St. If the church expands further in the future, the County likely will require reconstruction of the pavement for the turn lane. OPTIONS 1. Approve Resolution 03 -71, approving the performance agreement with Living Waters Lutheran Church. 2. Return to staff with direction. RECOMMENDATION Option 1 • • CITY OF LINO LAKES, MINNESOTA SITE IMPROVEMENT PERFORMANCE AGREEMENT LIVING WATERS LUTHERAN CHURCH THIS AGREEMENT made this _12th _ day of May, 2003, is by and between the City of Lino Lakes, whose address is 600 Town Center Parkway, Lino Lakes, Minnesota 55014, a municipal corporation organized under the laws of the State of Minnesota, hereinafter referred to as the "City ", and Living Waters Lutheran Church, whose address is 865 Birch St., Lino Lakes, MN 55014, hereinafter referred to as the "Developer ". WHEREAS, the Developer has received approval of Site Development Plans, hereinafter called the "Plans ", by the City Council of the City on the 10th day of March, 2003, by Resolution No. 03 -33 (Exhibit A) and in accordance with the Plans all of which are made a part hereof by reference. In consideration of such approval, the Developer, its successors and assigns, does covenant and agree to perform the work as set forth in the Plans, in the aforesaid approval, and as hereinafter set forth upon the real estate (hereinafter referred to as "Property ") described as follows: The East 536.63 feet of the West 1036.63 feet of Government Lot 3, Section 28, T31N, R22W lying North of the North line of the South half of said Section 28 and that part of Government Lot 3, Section 28, T31N, R22W, lying east of the West 500 feet thereof, Northerly of a line 10 foot Northerly of and parallel to the Northerly line of Anoka County Highway right -of -way Plat 11, South of the North line of the South half of said Section 28 and West of the following described line: Beginning at a point on the North line of the South half of said Section 28 distant 1036.65 feet East of the West line of said Government Lot 3, said point being 1036.63 feet, as measured at right angles, east of the West line of said Government Lot 3, said North line assumed to bear South 88 degrees 56 minutes 15 seconds East; thence South 11 degrees 13 minutes 53 seconds East 152.18 feet, more or less, to the Northerly right -of -way line of said Highway right -of -way Plat 11 and there terminating, subject to a 10 foot drainage Living Waters Church Performance Agreement page 1 • • and utility easement over the West, East and Southerly 10 feet thereof. and That part of Government Lot 3, Section 28, T31N, R22W, lying Northerly of Anoka County Highway right -of -way Plat 11, Southerly of a line 10 feet Northerly of and Parallel to the Northerly line of Anoka County Highway right -of -way Plat 11 and Easterly of the West 500 feet of said Government Lot 3, Anoka County, Minnesota; NOW, THEREFORE, in consideration of the mutual promises of the parties made herein, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO: I. DESIGNATION OF IMPROVEMENTS. A. Improvements on the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "On -site Work ". B. Improvements off the project site to be installed at the Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Off -site Work ". C. Developer shall dedicate easements to the City for sanitary sewer, water main, and drainage and utility purposes. D. Developer shall enter into an operation and maintenance agreement for stormwater treatment facilities on the site. II. ON -SITE WORK. A. On -Site Work. The On -site Work shall consist of the improvements described in the approved Plans, to include any approved subsequent amendments, and shall be in compliance with all applicable statutes, codes and ordinances of the City. The Work includes all on -site exterior amenities as shown on the approved Plans and as required by the plan approval, such as, but not limited to: landscaping, private driveways, parking areas, storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting, fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, exterior building architectural design and building elements, site grading, tree preservation work and erosion control measures. Living Waters Church Performance Agreement page 2 • Such improvements shall be completed in accordance with Section IV herein. B. Cost Estimates. The Developer shall provide the City with a written estimate of all applicable costs of the On -Site Work, itemized by type; the estimates shall be based upon the actual estimates provided by the contractors who are to do the Work. Said cost estimates shall be reviewed by the City, and the City shall establish the actual amount of the financial guarantee. The description and estimated cost of Developer's On -site Work is as follows: 1. 2. Description of Improvements Estimated Costs Storm Drainage System, Site Grading/Erosion $ _5,000 Control/Restoration Landscaping $ 2,000 Total Estimated Cost of Developer $ 7,000 Improvements Security Requirement (Total * 125 %) Ill III. OFF -SITE WORK None. IV. COMPLETION DATE. • $ 8,750 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 City may exercise any remedies as set forth in Section VII., unless an extension is granted by the City. V. GUARANTEE. A. The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Developer's Off -site Work and hereby guarantees the workmanship and materials for a period of one year following the City's final acceptance of the Developer's Off -site Work. Concurrently with the execution hereof by the Developer, the Developer will furnish to, and at all times thereafter maintain with the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on one hundred twenty -five (125 %) percent of the total estimated cost of Developer's On -site and Off -site Work. An Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of Lino Lakes and Living Waters Church Performance Agreement page 3 • shall state thereon that the same is issued to guarantee and assure performance by the Developer of all the terms and conditions of this Development Contract and construction of all required improvements in accordance with the ordinances and specifications of the City. The City reserves the right to draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the purpose of guaranteeing the terms and conditions of this contract. The Irrevocable Letter of Credit shall be automatically extended for additional periods of one year from present or future expiration dates unless thirty (30) days prior to such the City Clerk or Administrator is notified in writing by certified mail that the Letter of Credit will not be renewed. B. The Developer may request reduction of the Letter of Credit, or cash deposit based on prepayment or the value of the completed improvements at the time of the requested reduction. Prior to the final acceptance of the Developer's Improvements the City shall require a Letter of Credit or Cash Escrow to cover the warranty provisions of the agreement. The amount shall be determined by the City Engineer. VI. REIMBURSEMENT OF COSTS. A. The Developer agrees to establish a noninterest bearing escrow account with the City in an amount established by the City Engineer or his designee for the payment of all City fees and costs incurred by the City related to the On -site and Off -site Work, including, but not limited to, the following: 1. Site Plan Review Fee (Existing escrow deficit) $2164.82 2. Administration (Legal, Engineering, Planning, and $2000.00 Contract administration) Total Estimated (Budget) Costs for Escrow Account $4164.82 B. The City shall have a right to reimburse itself from the Escrow. If it appears that the actual costs incurred will exceed the estimate, then Developer and City shall review the costs required to complete the project. In such case, Developer shall deposit additional sums with the City to pay for the agreed upon increase. VII. REMEDIES FOR BREACH A. The City shall give prior notice to the Developer of any default hereunder before proceeding to enforce such financial guarantee or before the City undertakes any work for which the City will be reimbursed through the financial guarantee. If within ten (10) days after such notice to it, the Living Waters Church Performance Agreement page 4 • • • Developer has not notified the City by stating in writing the manner in which the default will be cured and the time within which such default will be cured, the City will proceed with the remedy it deems appropriate. B. At any time after the completion date and any extensions thereof, if any of the work is deemed incomplete, the City may proceed in any one or more of the following ways to enforce the undertakings herein set forth, and to collect any and all expenses incurred by the City in connection therewith, including, but not limited to, engineering, legal, planning and litigation costs and expense. The enumeration of the remedies hereunder shall be in addition to any other remedies available to the City. 1. Specific Performance. The City may in writing direct the surety or the Developer to cause the Work to be undertaken and completed within a specified reasonable time. If the Developer fails to cause the Work to be done and completed in a manner and time acceptable to the City, the City may proceed to bring an action for specific performance to require work to be undertaken. 2. Completion by the City. The City, after notice, may enter the premises and proceed to have the Work done either by contract, by day labor or by regular City forces. The Developer may not question the manner of doing such work or the letting of any such contracts for the doing of any such work. Upon completion of such work, the Developer shall promptly pay the City the full cost thereof as aforesaid. 3. Deposit of Financial Guarantee. In the event the financial guarantee has been submitted in the form of a Letter of Credit, the City may draw on the Letter of Credit the sum equal to the estimated cost of completing the Work, plus the City's estimated expenses as defined herein, including any other costs, expenses, and damages for which the surety may be liable hereunder, but not exceeding the amount set forth on the Letter of Credit. The money shall be deemed to be held by the City for the purpose of reimbursing the City for any costs incurred in completing the Work as hereinafter specified. Any funds remaining after completion of the project shall be returned to the Developer. VIII. OCCUPATION OF PREMISES The Developer agrees that it will not cause to be occupied any portion of the building or improvements to be constructed upon the premises until completion of the building and site improvements as more fully described in the approved plans and following issuance of a Certificate of Occupancy. Living Waters Church Performance Agreement page 5 IX. INSURANCE Developer or all its subcontractors shall take out and maintain until one (1) year after the City has accepted the private improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of the Developer's Work or the Work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than Five Hundred Thousand and no /100 ($500,000.00) Dollars for one person and One Million and no /100 ($1,000,000.00) Dollars for each occurrence; or a combination single limit policy of One Million and no /100 ($1,000,000.00) Dollars or more. The City, its employees, its agents and assigns shall be named as an additional insured on the policy, and the Developer or all its subcontractors shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. X. REIMBURSEMENT OF COSTS FOR DEFENSE The Developer agrees to reimburse the City for all costs incurred by the City in defense of enforcement of this Agreement, or any portion thereof, including court costs and reasonable engineering and attorneys' fees if the City prevails in such action. XI. VALIDITY If a portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Site Improvement Performance Agreement. XII. GENERAL A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. B. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when Living Waters Church Performance Agreement page 6 • • deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. C. Incorporation by Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. D. Hours of Construction Activity. All construction activity shall be limited to the hours set out in City Ordinances as follows: Monday through Friday 7:00 a.m. to 7:00 p.m. Saturday 9:00 a.m. to 5:00 p.m. Sunday and Holidays No working hours allowed XIII. VIOLATIONSBUILDING PERMITS In the event that Developer violates any of the covenants and agreements contained in this Site Improvement Performance Agreement and to be performed by the Developer, the City, at its option, in addition to the rights and remedies as set out hereunder may refuse to issue building permits to any property within the development and/or stop building construction within the development until such time as such default has been corrected to the satisfaction of the City. Living Waters Church Performance Agreement page 7 • • DEVELOPER CITY OF LINO LAKES Developer STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) By John J. Bergeson, Mayor ATTEST: By Ann Blair, City Clerk On this day of , 2003, before me, a Notary Public within and for said County, personally appeared John J. Bergeson and Ann Blair, to me known to be respectively the Mayor and City Clerk of the City of Lino Lakes, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 2003, before me, a Notary Public within and for said County, personally appeared Ted Erkenbrack, to me known to be the Owners Representative of Living Waters Lutheran Church (Developer), and that they/he executed the foregoing instrument and acknowledged that they/he executed the same on behalf of said Living Waters Lutheran Church. Notary Public This instrument was drafted by: City of Lino Lakes 600 Town Center Parkway Lino Lakes, Minnesota 55014 Living Waters Church Performance Agreement page 8 • Resolution No. 03 -33 Councilmember O'Donnell introduced Resolution No. 03 -33 and moved its adoption. The motion for adoption of the foregoing resolution was duly seconded by Councilmember Dahl and upon vote being taken thereon, the following voted in favor thereof: Dahl, Reinert, Bergeson, Carlson and O'Donnell. The following voted against same: None. Whereupon said resolution was declared passed and adopted. CERTIFICATION OF RESOLUTION NO. 03-33 LIVING WATERS LUTHERAN CHURCH SITE AND BUILDING PLAN REVIEW AND CUP (TO CONSTRUCT A NEW SANCTUARY) • STATE OF MINNESOTA ) COUNTY OF ANOKA ) CITY OF LINO LAKES ) I, the undersigned, being the duly qualified City Clerk of the City of Lino Lakes, Minnesota, do hereby certify that the attached document is a true copy of Resolution No. 03 -33 with the original thereof on file in the City Clerk's office, and the same is a full, true and complete copy insofar as the same relates to: CERTIFICATION OF RESOLUTION NO. 03-33 LIVING WATERS LUTHERAN CHURCH SITE AND BUILDING PLAN REVIEW AND CUP (TO CONSTRUCT A NEW SANCTUARY) Witness my hand as said City Clerk and the Corporate Seal of the City this 1 lth day of March, 2003. a._ (SEAL) • • CITY OF LINO LAKES RESOLUTION NO. 03-33 RESOLUTION APPROVING SITE AND BUILDING PLANS AND A CONDITIONAL USE PERMIT FOR EXPANSION OF THE LIVING WATERS LUTHERAN CHURCH TO INCORPORATE A NEW SANCTUARY WHEREAS, the City has received an application from Armstrong Torseth Skold & Rydeen, Inc. (ATS &R) on behalf of Living Waters Lutheran Church for a site and building plan review and a conditional use permit to allow expansion of the existing church structure to incorporate a new sanctuary; and WHEREAS, a conditional use permit for the site was previously approved by the City in April 1993; and WHEREAS, the legal description of the property pursuant to a survey by Comstock & Davis, Inc. dated November 18, 2002 is: and The East 536.63 feet of the West 1036.63 feet of Government Lot 3, Section 28, T31N, R22W lying North of the North line of the South half of said Section 28 and that part of Government Lot 3, Section 28, T31N, R22W, lying east of the West 500 feet thereof, Northerly of a line 10 foot Northerly of and parallel to the Northerly line of Anoka County Highway right -of -way Plat 11, South of the North line of the South half of said Section 28 and West of the following described line: Beginning at a point on the North line of the South half of said Section 28 distant 1036.65 feet East of the West line of said Government Lot 3, said point being 1036.63 feet, as measured at right angles, east of the West line of said Government Lot 3, said North line assumed to bear South 88 degrees 56 minutes 15 seconds East; thence South 11 degrees 13 minutes 53 seconds East 152.18 feet, more or less, to the Northerly right -of -way line of said Highway right -of -way Plat 11 and there terminating, subject to a 10 foot drainage and utility easement over the West, East and Southerly 10 feet thereof. (Parcel — contains 9.34 acres more or less) (10 foot taking by Anoka County — contains 0.24 acres more or less) That part of Government Lot 3, Section 28, T31N, R22W, lying Northerly of Anoka County Highway right -of -way Plat 11, Southerly of a line 10 feet Northerly of and Parallel to the Northerly line of Anoka County Highway right -of -way Plat 11 and Easterly of the West 500 feet of said Government Lot 3, Anoka County, Minnesota; • WHEREAS, the subject property is zoned R -1 Single Family Residential which establishes religious institutions such as "churches" as conditionally permitted uses; and • • WHEREAS, the site and building plan/conditional use permit approval request is based upon the following plans prepared by ATS &R and Comstock & Davis, Inc. and related correspondence: Boundary and Topographic Survey dated 11.18.02 Tree Preservation Plan dated 01.13.02 Site Plan dated 01.13.02 Site Grading Plan dated 01.13.02 Birch Street Elevation dated 12.09.02 Exterior Image dated 12.09.02; and WHEREAS, at their meeting on February 12, 2003, the Planning & Zoning Board considered the site and building plans and conditional use permit application and recommended approval subject to the conditions listed in the meeting minutes; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 2 Subd. 2.B.7 of the Zoning Ordinance that establishes conditional use permit evaluation criteria. a. This application will not be detrimental to or endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. b. This application will be harmonious with the general and applicable specific plans and policies of the Comprehensive Plan of the City and the Zoning Ordinance. c. This application will be designed, constructed and operated, and maintained so as to be harmonious and appropriate in appearance with the existing and/or intended character of the general vicinity and will not change the essential character of that area. d. This application will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools; or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. e. This application will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. f. This application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, • • • g. property, or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare, or odors. This application will have vehicular approaches to the property that are so designed as not to create traffic congestion or an interference with traffic on surrounding thoroughfares. h. This application will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. i. This application will conform to specific standards of the Zoning Ordinance applicable to the particular use; and WHEREAS, the City Council of the City of Lino Lakes makes the following findings of fact, as required by Section 6 Subd. 1.J.1 of the Ordinance which establishes "churches" as conditionally permitted uses in R -1, Single Family Residential zoning districts provided that: a. Side yards shall not be less than fifty (50) feet; b. Adequate screening from abutting residential uses and landscaping is provided in compliance with Section 3, Subd. 4.S. of the Ordinance; c. Adequate off - street parking and access is provided on the site in compliance with Section 3, Subd. 5 of the Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 3, Subd. 4.S. of the Ordinance; and d. Adequate off - street loading and service entrances are provided and regulated where applicable by Section 3, Subd. 6. of the Ordinance. NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves the site and building plans and a conditional use permit to allow the expansion of the existing church building to incorporate a new sanctuary subject to the following conditions: 1. Associated roadway improvements shall be subject to comment and recommendation by the City Engineer and the Anoka County Highway Department. The applicant must comply with all recommendations and requirements of the Anoka County Highway Department. 2. Building colors shall be subject to City approval. • 3. The drop -off area shall be designed so as to minimize vehicular conflict (prevent vehicle backup upon CSAH 10 and to promote safety and efficient traffic flow throughout the site). 4. The site shall be adequately screened from the residential property located northwest of the site. 5. All signage shall conform to the provisions of Ordinance 12 -97 regulating signs. 6. Designated disabled parking spaces must be appropriately signed, including designation of one space as "van accessible ". 7. A striped pedestrian crossing from the designated disabled parking stalls to the sidewalk shall be installed. 8. Exterior light fixtures must have a 90 degree cutoff to reduce glare and light pollution. All such lighting shall conform to the provisions of Section 3 Subd. 4.H. of the Ordinance. 9. All utilities or construction over existing utility service lines are subject to review and approval by the City Engineer • 10. All conditions set forth in the Memorandum from the City Engineer dated January 31, 2003 have been met. 11. All recommendations of the Environmental Board set forth in the Memorandum dated February 3, 2003 have been met. All landscaping shall be in compliance with Section 3, Subd. 4(S) of the Ordinance. 12. Prior to the commencement of any site work, the applicant shall enter into a development agreement with the City and post all the necessary securities required by such development agreement. 13. A fire sprinkler system must be installed in the entire building. 14. Approval of drainage plan by the Rice Creek Watershed District. Passed by the Lino Lakes City Council this 10th day of March 2003. ATTEST: • Ann Blair, City Clerk John J. Bergeson, Mayor