HomeMy WebLinkAbout2003-071 Council Resolution•
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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
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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
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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
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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
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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.
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$ 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
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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
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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
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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
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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)
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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
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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,
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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.
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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