HomeMy WebLinkAbout2006-006 Council Ordinances uj� 011 01�� �.t%1f�.L
Council Member Stoltz moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-06
AN ORDINANCE VACATING A PORTION OF NORTH ROAD AND SUNRISE
DRIVE (CIRCLE PINES POLICE STATION).
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
Section 1 Findings
The City Council makes the following findings regarding the application to vacate a
portion of public right-of-way and existing street and utility easements:
1. The City of Lino Lakes has requested the City Council to vacate the unimporved right
of way which was originally recorded on the Lexington Park Lake View plat further
defined by Registered Land Survey No. 233 as Tracts F and G.
2. A public hearing was held on May 22, 2006 before the City Council in the city hall on
such request after due published and posted notice had been given, as well as personal
notice to affected property owners by the clerk on April 26`h 2006 and all persons
interested were given an opportunity to be heard;
3. It appears that it will be in the best interest of the city to approve such request
Section 2
Such request is hereby granted and that part of the North Road and Sunrise Drive right of
ways described as follows are hereby vacated:
Tract F Registered Land Survey Number 233
And
Tract G Registered Land Survey Number 233
Section 3
That any person, corporation or city owning or controlling easements contained upon the
property vacated reserves the right to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto.
Section 4
This ordinance shall be in force and effect upon its adoption and publication and in
accordance with the Lino Lakes City Charter.
JA Ber es , Mayor
Atte : Julianne artell, City Clerk
Adopted by the Lino Lakes City Council this 12th day of June, 2006.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Carlson and upon a vote being taken thereon, the following voted in favor
thereof.
Stoltz,. Carlson, Reinert, O'Donnell, Mayor Bergeson
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
Record ID 1725711
CIT Or
I NOLAKES
CITY OF LINO LAKES
CERTIFICATION
ORDINANCE NO. 06-06
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES) 2
1987429 . 00
1, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
of Minnesota, certify that I have examined the attached copy of the Site Improvement
Performance Agreement between the City of Lino Lakes and Sheet Metal Workers Federal Credit
Union, regarding Lots 2 and 3, Block 1, JADT Addition, dated August 29, 2006, and have
carefully compared the same with the original on file in this office, and that the attached copy is a
true, correct and complete copy of the original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on September 7, 2006.
City Clerk
600 Town Center Parkway,Lino Lakes, MN 55014
Phone: 651-982-2400 Fax: 651-982-2499
CITY OF LINO LAKES,MINNESOTA
SITE IMPROVEMENT PERFORMANCE AGREEMENT
THIS AGREEMENT made this day of , 2006,is by
and between the City of Lino Lakes,whose address is 600 Town enter Parkway, Lino
Lakes,Minnesota 55014, a municipal corporation organized under the laws of the State
of Minnesota,hereinafter referred to as the "City", and Sheet Metal Workers Federal
Credit Union,whose address is 1691 Cope Avenue Maplewood,Minnesota 55109,
hereinafter referred to as the "Developer".
WHEREAS,the Developer has received administrative approval of Site
Development Plans,hereinafter called the "Plans",by the City of Lino Lakes on the
day of April 28`h, 2006, 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:
Lots 2 and 3,Block 1, JADT ADDITION, according to the plat thereof on file
and of record in 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.
SMWFCU Performance Ag feemenGdoc page I of 9
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 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.
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:
Description of Improvements Estimated Costs
1. Lighting $25,000.00
2. Trash Disposal Structures $10,000.00
3. Curbing/Islands/Delineators $19,970.00
4. Storm Drainage Systems/Sewers/Catch $20,000.00
Basins/Culverts/Swales
5. Private Trials and/or Sidewalk $15,000.00
6. Driveway/Curbcut/Parking Lot/Fire Lane $52,350.00
SMWFCU Performance Agreementdoc page 2 of 9
7. Watermains/Hydrants/Sanitary Sewers $62,000.00
8. Landscaping $35,000.00
9. Site Grading $75,000.00
10. Erosion Control $9,500.00
Total Estimated Cost of Developer $323,600.00
Improvements
Security Requirement(Total * 125%) $404,500.00
III. OFF-SITE WORK
A. Right-of-Way. The Developer shall be responsible for acquiring any
right-of-way, temporary easements, or permanent easements necessary for
the making of such improvements.
B. Plans& Specifications. The Developer shall prepare plans and
specifications for the making of such improvements. Said plans and
specifications shall be subject to review and approval by the City of Lino
Lakes and Anoka County.
C. Construction Observation. The Developer shall instruct its engineer to
provide adequate field inspection personnel to assure an acceptable level
of quality control to the extent that the Developer's engineer will be able to
certify that the construction work meets the approved City and County
standards as a condition of City/County acceptance. In addition, the City
and/or County shall have one or more inspectors inspect the work on a full
or part-time basis.
The Developer,its contractors and subcontractors, shall follow all
reasonable instructions received from the City's/County inspectors.Prior
to construction, the Developer or its engineer shall schedule a
preconstruction meeting at a mutually agreeable time at the Lino Lakes
City Hall,located at 600 Town Center Parkway,Lino Lakes,Minnesota
with contractors, subcontractors, the City staff, and other parties specified
by the City to review the program for the construction work.
D. Record Plans. Within thirty(30)days after the completion of the
improvements the Developer shall supply the City with a complete set of
reproducible mylar"Record"drawings,and two complete sets of paper
copy"Record" drawings,all prepared in accordance with City standards.
An electronic copy of the plans shall also be submitted in an AutoCAD
DWG format.
E. As-Built Survey. The Developer's engineer shall certify,in writing with
an as-built survey, that all grading complies with the grading plan prior to
SMWFCU Performance AgreemenLdoc page 3 of 9
issuance of building permits. The as-built survey must include,but is not
limited to,proposed and final contours with adequate elevation shots to
show conformance,property irons(to be exposed in field),low floor and
low opening elevations,and the 100-Year High Water Level(HWL)of all
ponds,lakes,and wetland areas.
IV. COMPLETION DATE.
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
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. Upon written request,The City will grant a 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.The Developer may
make such requests three times throughout the life of this agreement, with
the third and/or final request being at the completion of the project. The
City will respond to such request within 30 days time. Prior to the final
acceptance of the Developer's Improvements the City shall require a
SMWFCU Performance Agreementdoc page 4 of 9
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 non-interest 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) $2,575.00
2. Administration(Legal,Engineering,Planning,and Contract administration) $5,471.00
4. Sanitary Sewer Trunk Area Fee(2.73 acres @ $2,640 per acre) $7,207.00
5. Sanitary Sewer Trunk Unit Fee(3 units @ $1,145 per unit) $3,435.00
6. Water Trunk Area Fee(2.73 acres @ $2,815 per acre) $7,685.00
7. Water Trunk Unit Fee(3 units @ $1,845 per unit) $5,535.00
8. Surface Water Management Fee(118,728 square feet @ $0.085 per $10,092.00
s.£)*
Total Estimated(Budget)Costs for Escrow Account*** $42,000.00
*Includes sub-watershed credit of 0.073
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. The City will not grant the developer the
right to dispute charges prior to them being charged to the escrow account.
The developer may request a statement of the account each month for
review,but the City can not delay the charging of the account and carry
those costs during the review period.
C. The further development of either lot with a separate building or an
expansion of the proposed facility(upon the platting of the two lots into
one lot)will incur the cost of additional Sanitary Sewer and Water Trunk
Unit Fees based on the Metropolitan Council's determination of
Residential Equivalent Units and the city's fee schedule at the time of
improvement.
VH. 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
SMWFCU Performance Agreement.doc page 5 of 9
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.
I. 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 written 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;provided that the work is
completed in a good and workman-like manner and in accordance
with the approved plans and specifications. 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
SMWFCU Performance Agreementdoc page 6 of 9
the building and site improvements as more fully described in the approved plans
and following issuance of a Certificate of Occupancy.
IX. INSURANCE
Developer, its contractor, or all of 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 FOR LITIGATION EXPENSES
The City and Developer agree that the prevailing party in any litigation pertaining
to the enforcement of this Agreement shall be entitled to reimbursement from the
non-prevailing party for all costs incurred by said prevailing party including court
costs and reasonable engineering and attorneys'fees.
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.
D. 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
SMWFCU Performance Agreement doc page 7 of 9
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
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 notices given as
above.
E. 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.
F. Hours of Construction Activity. All construction activity shall be
limited to the hours set out as follows:
Monday through Friday 7:00 a.m.to 7:00 p.m.
Saturday 9:00 am-to 5:00 p.m.
Sunday and Holidays No working hours allowed
XIII. UIOLATIONSBUILDING 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.
SMWFCU Performance Agreementdoc page 8 of 9
DEVE CITY INO S
By
Develop r yor
ATTEST:
By
Ci Cle
STATE OF MINNESOTA )
ss.
COUNTY OF A�}N�IO.�KA )
On this I ' day of��, 2006,before me,a Notary Public
within and for said County,personally appeared John Bergeson and Julie Bartell,to me
known to be respectively the Mayor and 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.
DAWN L BUGGE
WARY PUBLIC•WOO MA
�C �,Rn.31.1010
Notary Public
STATE OF MlNNESOTA )
) ss.
COUNTY OF ANOKA )
On this day of�� ,2006,b fore me, a Notary Public
within and for said County,personally appeared--7jgt,i.c.'y- eveloper),
who executed the foregoing instrument.
a
Notary Public EILEEN D.JOLLA
NOTARY PUWGA9N
MIv Comade M EON des,M,IM1
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes,Minnesota 55014
SMWFCU Performance AgreemenGdoc page 9 of 9
_1NO KA COI N"1'Y XIINNF,SO TA
Document No.. 1987429.002 ABSTRACT
Iherehy cerIIA, that the \tiithin instrument was riled in this
office for record on: 09 112006 2:03:00 PNI
Fees/Taxes In the .duount of: `fi46.00
RIAi 1REEN J. DEVINE
.Anoka County Properly Tax
Adnunistrator'RecorderRegistrar of Titles
BNIC, Deputy
Record ID: 1725711
- I IIIIIi lllll lllll lllll llill lilll lllll llll llll
Record ID 1713387
488511 . 001
CITY OF LINO LAKES
CERTIFICATION
ORDINANCE NO. 06-06
STATE OF MINNESOTA)
COUNTY OF ANOKA) SS
CITY OF LINO LAKES)
I, Julianne Bartell, City Clerk of the City of Lino Lakes, in the County of Anoka and State
of Minnesota, certify that I have examined the attached copy of Ordinance 06-06 "Vacating a
portion of North Road and Sunrise Drive (Circle Pines Police Station) approved by the City
Council on June 12, 2006, and have carefully compared the same with the original on file in this
office, and that the attached copy is a true, correct and complete copy of the original.
IN WITNESS WHEREOF, I have signed and affixed the
city seal on July 31, 2006.
ity Jerk i% �''� (Y • -_'
Council Member Stoltz moved for adoption of the following
ordinance:
CITY OF LINO LAKES
ORDINANCE NO. 06-06
AN ORDINANCE VACATING A PORTION OF NORTH ROAD AND SUNRISE
DRIVE (CIRCLE PINES POLICE STATION).
The City Council of the City of Lino Lakes, Anoka County,Minnesota does ordain:
Section 1 Findings
The City Council makes the following findings regarding the application to vacate a
portion of public right-of-way and existing street and utility easements:
1. The City of Lino Lakes has requested the City Council to vacate the unimporved right
of way which was originally recorded on the Lexington Park Lake View plat further
defined by Registered Land Survey No. 233 as Tracts F and G.
2. A public hearing was held on May 22, 2006 before the City Council in the city hall on
such request after due published and posted notice had been given, as well as personal
notice to affected property owners by the clerk on April 26t' 2006 and all persons
interested were given an opportunity to be heard;
3. It appears that it will be in the best interest of the city to approve such request
Section 2
Such request is hereby granted and that part of the North Road and Sunrise Drive right of
ways described as follows are hereby vacated:
Tract F Registered Land Survey Number 233
And
Tract G Registered Land Survey Number 233
Section 3
That any person, corporation or city owning or controlling easements contained upon the
property vacated reserves the right to continue maintaining the same or to enter upon
such way or portion thereof vacated to maintain, repair, replace, remove or otherwise
attend thereto.
Section 4
This ordinance shall be in force and effect upon its adoption and publication and in
accordance with the Lino Lakes City Charter.
J &Ber es , Mayor
tte�Juhanne artell, City Clerk
Adopted by the Lino Lakes City Council this 12th day of June, 2006.
The motion for the adoption of the foregoing ordinance was duly seconded by Council
Member Carlson and upon a vote being taken thereon, the following voted in favor
thereof:
Stoltz,. Carlson, Reinert, O'Donnell, Mayor Bergeson
The following voted against same:
Whereupon said ordinance was declared duly passed and adopted.
REGISTERED LAND SURVEY NO. 3 CftY of LinoLokes
Countyy of Anokaoka
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SHEET 2 OF 2 SHEETS
AGENDA ITEM 6.13.
STAFF ORIGINATOR: Paul Bengtson
CC MEETING DATE: June 12, 2006
TOPIC: PUBLIC HEARING:
2nd Reading of Ordinance 06-06
Vacating portions of the unimproved North Road and
Sunrise Drive right of way.
City of Lino Lakes
VOTE REQUIRED: 4/5
BACKGROUND
The City of Lino Lakes has initiated a vacation of the unused rights of way dedicated as part of
Lexington Park Lake View, further defined by the recently approved Registered Land Survey
No. 233 as Tracts F and G. This vacation will revert the property to the adjacent parcels of
Lexington Park Lake View and further defined by the Registered Land Survey No. 233 as Tracts
D and l.
ANALYSIS
These rights of way are no longer improved because of the realignment of North Road and Lake
Drive. When this project was completed, Sunrise Drive no longer had access to North Road and
was ended with a cul-de-sac. The new alignment alleviated a major conflict point and this new
alignment continues to function at a high level of service. Therefore there is no reason to hold
onto the right of way that is no longer improved.
RECOMMENDATION
Staff recommends approval of the Vacation of portions of the unimproved North Road and
Sunrise Drive right of way clearly defined as Tracts F and G of Registered Land Survey No. 233.
ATTACHMENTS
1. Ordinance No. 06-06
2. Vacation Exhibit
y
ANOKA COUNT- MINNESOTA
Document No.: 488511.001 TORRENS
I hereby certify that the within instrument vvas filed in this
office for record on: 08/02/2006 2:30:00 PXI
Fees,Taxes In the mount of: $46.00
MAUREEN J. DEVINE
Anoka County Property Tax
Admiiusti-atoi-IRecorder'Registrar of Titles
AID, Deputy-
Record ID: 1713387