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HomeMy WebLinkAbout2014-082 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-82 RESOLUTION ACCEPTING PETITION AND WAIVER AGREEMENT NORTHPOINTE ROADWAY AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 14-47 adopted by the City Council on June 9, 2014, the City approved the PUD Final Plan/Final Plat for NorthPointe; and WHEREAS, the plat requires improvements to Cedar Street, 21st Avenue South. and Palm Street including municipal utilities ("Improvement Project"); and WHEREAS, Tony Emmerich Construction, Inc. (collectively, the Owner) 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 fmance the Improvement Project, and to levy and estimated amount of $1,400,000 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, as detailed in the Petition and Waiver Agreement, 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, 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 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 11th day of August. 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member jus+-ermaA4 and was duly seconded by Council Member Roesrc. and upon vote being taken thereon, the following voted in favor thereof: 14t. seA, C�a -�.�cf , S fD¢S � , va-{.t The following voted against same: ADM—. L ATTEST: a e Bartell, Cit Cler 2 L L CITY COUNCIL AGENDA ITEM 6A STAFF ORIGINATOR: Diane Hankee, City Engineer MEETING DATE: August 11, 2014 TOPIC: NorthPointe i. Consider Resolution No. 14-82, Approving Petition and Waiver Agreement from Tony Emmerich Construction, Inc. for NorthPointe Improvements ii. Consider Resolution No. 14-85, Approving the Deposit Agreement for NorthPointe Roadway and Utility Improvements iii. Consider Resolution No. 14-83, Authorizing the Preparation of Plans and Specifications, NorthPointe Roadway and Utility Improvements iv. Consideration of Resolution No. 14-87, Approving Maintenance Agreement Stormwater Management Facilities Between Rice Creek Watershed District and City of Lino Lakes VOTE REQUIRED: 3/5 INTRODUCTION The NorthPointe developer, Tony Emmerich, has requested that the City prepare the plans and specification, and bidding documents per Minnesota Statutes, Chapter 429 for the first phases of the development. The developer agrees to enter into a petition and waiver, and deposit agreement for the project to be assessed to benefitting properties. Staff is also requesting council action to approve a stormwater maintenance agreement with the Rice Creek Watershed District (RCWD) covering stormwater facilities constructed as part of the NorthPointe project. BACKGROUND On June 23, 2014 the final plat for the first phase of NorthPointe was approved which is located off of 20t Avenue South (CSAH 54), enclosed location map. Petition and Waiver Agreement The Petition and Waiver agreement allows the City to levy against the property an estimated amount of $1,400,000 for the construction of the improvements and waives all requirements for special assessments under Minnesota Statutes, Chapter 429 and City Charter requirements. The agreement also provides for the dedication, at no cost to the city, permanent right-of-way and temporary easements necessary for the paving of Cedar Street and the construction of 21St Avenue South and Palm Street including municipal utilities. Deposit Agreement In conjunction with the Petition & Waiver Agreement, the developer shall deposit a cash escrow with the City to cover the costs of preparing plans and specifications for Cedar Street, 21st Avenue South, and Palm Street. The deposit agreement is for $52,000. Authorizing Plans and Specifications for Robinson Drive Improvements The property owner Tony Emmerich, shall sign a Petition and Waiver Agreement agreeing to assessments and right-of-way dedication for the NorthPointe Roadway and Utility Improvements. Since this project will be assessed it is necessary for the City Council to formally authorize the preparation of plans and specifications. The estimated schedule for this project is as follows: City Council Authorizes Plans and Specifications City Council Approves Plans & Spec's/ Authorizes Ad for Bids City Open Bids City Council Awards Contract Construction Begins Stormwater Maintenance Agreement with RCWD August 11, 2014 September 8, 2014 October 6, 2014 October 13, 2014 October 20, 2014 The NorthPointe project includes the construction of stormwater facilities, i.e., catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters. The agreement requires the City to perform inspections and maintenance on the stormwater facilities. RECOMMENDATION Consider approval of the NorthPointe Petition and Waiver Agreement, Deposit Agreement and Preparation of Plans & Specifications subject to the conditions listed in the attached resolutions. ATTACHMENTS 1. Site Location Map 2. NorthPointe Roadway and Utility Map 3. Resolution No. 14-82 4. Petition and Waiver Agreement 5. Resolution No. 14-85 6. Deposit Agreement 7. Resolution No. 14-83 8. Resolution No. 14-87 9. Maintenance Agreement-Stormwater Management Facilities 6566-600-£9C Mad 006L-6Be-E9L :auoyd t1 OS!NW '0s0C1 oun '001 o0os u0 a0on0 80! UIDDDw ubsIabo C2 etosauum 's8!0-1 our 31NIOdH121ON NVId AJJ1I.Ui'H 3115 ANVNIWf3Nd VOESS NW '.ianopuV MN Aweived uopea5 SLBI 53INVdWO3 aro f'f1 N DRAFT PETITION AND WAIVER AGREEMENT This Agreement made this l lth day of August, 2014, by and between the City of Lino Lakes, a Minnesota municipal corporation ("City"), and Tony Emmerich Construction, Inc., a Minnesota Corporation, (collectively, the "Owner"). WITNESSETH: WHEREAS, the Owner is the fee owner of certain real property in the City described in Exhibit A hereto (the "Subject Property"); and WHEREAS, the Owner desires to have certain public improvements constructed to serve the Subject Property as described in Exhibit B hereto (hereinafter referred to as the "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 100% percent of the costs estimated to be $1,400,000 of the Improvement Project against the Subject Property on a per lot basis; and WHEREAS, the Improvement Project requires that the City obtain certain portions of the Owner's property for street right-of-way and storm water ponding; and WHEREAS, the Owner wishes to donate to the City the necessary right-of-way 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 hereinafter stated 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 is provided to the City, at no cost to the City; and WHEREAS, were it not for the assurances and covenants hereinafter provided, the City would not construct the Improvement Project without such notices, hearings and right-of-way and is doing so solely at the behest, and for the b e>, of the Owner. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Owner hereby petitions the City for construction of the Improvement Project. 2. The Owner represents and warrants that it is the owner of 100 percent of the Subject Property, that is has full legal power and authority to encumber the Subject Property as herein provided, and that as of the date hereof, it has fee simple absolute title in the Subject Property, which is not subject to an) liens, interests or encumbrances, except as listed on the attached Exhibit A. . " The Owner requests that of the cost of the Improvement Project be assessed against the Subject Property ('`Project Cost") as estimated to be $1,400,000, and divided equally per lot. The owner agrees to be assessed the actual Project Cost. The parties agree and understand that the principal amount to be assessed for the Improvement Project will not exceed the Project Cost. 4. The Owner requests that the City provide the plans and specifications, and bid administration ("Design and Bidding") for the Cedar Street, 21St Avenue South and Palm Street Roadway and Utility Improvement Project. The City will be compensated for the cost to prepare the Design and Bidding documents by a deposit of cash funds through a separate Deposit Agreement to be executed by the Owner and City. The construction administration costs will be included in the Project Cost. 5. The Owner waives notice of hearing and hearing pursuant to Minn. Stat. section 429.031, on the Improvement Project, notice of hearing and hearing on the special assessments levied to finance the Improvement Project pursuant to Minn. Stat. section 429.061, and any notice of hearing or procedure specified under the City Charter; and specifically requests that the ‘,., Improvement Project be constructed and special assessments levied therefore against the Subject Property without hearings. 6. The Owner waives the right to appeal the levy of the special assessments in accordance with this Agreement pursuant to Minn. Stat. section 429.081, or reapportionment thereof upon land division pursuant to Minn. Stat. section 429.071, subd. 3, or otherwise, and further specifically agrees with respect to such special assessments against the Subject Property or reapportionment that: a. Any requirements of Minn. Stat. chapter 429 or the City Charter with which the City does not comply are hereby waived by the Owner; b. The increase in fair market value of bject Property resulting from construction of the Improvement Project will 'Mat least equal to the amount specified in paragraph 3, and that; increase inw market value is a special benefit to the Subject Property c. Assessment of the above-speciFii. cot of the: improvement Project against the Subject Property is re onable, fair and equitaile and there are rte other properties against which such c fesuld be assessed; and d. The Owner further specifically carves notice and right to appeal reapportionment of such special assessments upon land "division pursuant to Minn. Stat. section 429.071.;;1 7. Exceptas otherwiserovided :.aragraph 4 above, the Owner understands and agrees that the City may provide s the pa yrrr+ of such special assessments in installments over a jou iod of ten (10 } innterest.te set at 2% over the rate at which the City sells bot*ir funding the IinprovemenfProject. However, the decision regarding the period of time over which the spiralassessments may be paid and the interest rate to be applied is in the absolute and sole discreti°r the council, subject only to limitations imposed by law. 8. Owner agre+ and permanent ents requ Exhibit C hereto The road ri shall be dedicated to theXii wrek to pro to the City, at no cost to the City, the right-of-way to construct the Improvement Project as legally described in f -way for Cedar Street, 21st Avenue South, and Palm Street at. 9. Owner reprents and warrants that the Subject Property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and Owner agrees that it will take no action to secure such tax status for the Subject Property during the term of this Agreement. 10. The covenants, waivers and agreements contained in this Agreement shall bind the successors and assigns of the Owner and shall run with the Subject Property and bind all successors in interest thereof. It is the intent of the parties hereto that this Agreement be in a form that is recordable among the land records of Anoka County, Minnesota, and they agree to make any changes in this Agreement that may be necessary to effect the recording and filing of this Agreement against the title of the Subject Property. 11. This Agreement shall terminate upon the final payment of all special assessments levied against the Subject Property regarding the Improvement Project, and the City shall thereupon execute and deliver such documents, in recordable form, as are necessary to extinguish its rights hereunder. IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF LINO LAKES By By TONY EMMERICH CONSTRUCTION, INC. Its Mayor Owner Its City Clerk STATE OF MINNESOTA ) ss. COUNTY OF ANOKA The foregoing: instrument was acknowledged before me this day of 20_, by Jeff Reinert and Julianne Bartell the Mayor and City Clerk of the City of Lino Lakes, Minnesota. a municipal corporation under the laws of the State of Minnesota, on behalf of the City. STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) Notary Public The foregoing instrument was acknowledged before me this day of , 20, by , the of Tony Emmerich Construction, Inc., a corporation under the laws of the State of Minnesota. Notary Public EX HBIT A LEGAL DESCRIPTION OF PROPERTY That part of the Southeast Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota, lying westerly of interstate Highway No. 35E. and The Southwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota; except the West 60 feet and also except South 795.00 feet of the West 822.00 feet. and That part of the West 720.00 feet of the Northwest Quarter of the Northwest Quarter, Section 25, Township 31, Range 22, Anoka County, Minnesota. lying southerly of t rth 1130.00 feet. and That part of the Northwest Quarter of* Northwest Quarter,.: Section 25, Township 31, Range 22, Anoka County, Minnesota, lying southerly_ of the north 560.00 feet and easterly of the west 720.00 feet. and That part of the West 205.00 feet of the East 650.00 feet of the North 560.00 feet of the Northwest Quarter of the Northwest Quarter. Section 25. Township 31, Range 22, Anoka County. Minnesota, lying northwesterly of the Northern States Power Company ownership through said Northwest Quarter of the Northwest Quarter said ownership more particularly described as follows: A strip of lan as follows: feet in width and being 25 feet in width on each side of a centerline described Commencing at a point on the north line of said Northwest Quarter, 1592.7 feet east of the northwest corner thereof; running thence South 52 degrees 27 minutes West, 1987.3 feet to a point on the west line of said Section, 1206 feet South of the northwest corner thereof. Subject to County Road 54 on the west and Cedar Street on the north. and The North 530 feet of the South 795 feet of the East 762 feet of the West 822.00 feet of the west 822.00 feet of the Southwest Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. and The westerly 604.18 feet of the Northeast Quarter of the Northwest Quarter of Section 25, Township 31, Range 22, Anoka County, Minnesota. L L., L., EXHIBIT B IMPROVEMENT PROJECT The improvement of Cedar Street from 20th Avenue South (CSAH 54) to the east 1,600 feet, and 21st Avenue South from Cedar Street to Palm Street, and Palm Street from 21St Avenue South to Red Oak Lane. For the construction of roadways, drainage, sanitary sewer and watermain which are conceptually depicted in the concept plans attached hereto. EXHIBIT C LEGAL DESCRIPTION OF RIGHT-OF-WAY 21st Avenue South and Palm Street as shown on the preliminary plat of NORTHPOINTE, dated June 9, 2014 together with drainage and utility easements for stormwater management purposes.