HomeMy WebLinkAbout11-26-2018 Council Meeting PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, November 26, 2018
***********
City Council Meeting
6:30 p.m.
(Broadcast live: http://northmetrotv.com/local-
meetings/lino-lakes/)
City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1. Watermark (Executive Summary of Master Development Agreement attached;
Regular Agenda Item 6A is full report)
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Roll Call - Council Members Rafferty, Stoesz, Manthey, Maher, and Mayor Reinert were
present
Pledge of Allegiance
Open Mike / Public Comment - Jamie Jensen, Arden Hills, developer of the St. Clair Estates
project, requested return of his remaining escrow account with the City. Mayor Reinert noted
that Mr. Jensen has met with City staff and the mayor; he believes Mr. Jensen has received
information as needed.
Setting the Agenda: Addition or deletion of agenda items
The agenda was approved as presented
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) November 26, 2018 (Check No. 109245 - 109347) in the amount of $639,131.69
B) Consider approval of November 5, 2018 Council Work Session Minutes
C) Consider approval of November 13, 2018 Council Meeting Minutes
Council Member Rafferty Absent
D) Consider Resolution No. 18-167, Consenting to the Redemption of a Revenue Note
(YMCA Project), Series 2006A
Action Taken: Motion by Rafferty, seconded by Manthey, to approve Consent
Agenda Items 1A, 1B and 1D as presented, was adopted;
Motion by Stoesz, seconded by Manthey, to approve Consent Agenda Item 1C as
presented, was adopted; Rafferty abstained from voting on Item 1C
Council Agenda -2- November 26, 2018
E) Consider Resolution No.18-170, Consenting to the Rice Creek Watershed District’s
Request to Conduct Proceedings for Anoka-Washington Judicial Ditch 3
Item 1E was not acted upon by the council
2. FINANCE DEPARTMENT
A) 2019 City Fee Schedule, Sarah Cotton
i) Consider Second Reading and Adoption of Ordinance No. 18-18, Establishing the
2019 City Fee Schedule
Action Taken: Motion by Maher, seconded by Rafferty, to approve the 2nd
Reading and adoption of Ordinance No. 18-18 as presented, was adopted:
Yeas, 5; Nays none
ii) Consider Resolution No. 18-168, Approving Summary Publication of Ordinance
Action Taken: Motion by Manthey , seconded by Stoesz, to approve Resolution
No. 18-168 as presented, was adopted
3. ADMINISTRATION DEPARTMENT
A) Consider 2nd Reading of Ordinance No. 17-18, Adjusting the Salaries of the Mayor and
Councilmembers, Jeff Karlson
Action Taken: Motion by Manthey, seconded by Stoesz, to approve the 2nd
Reading and adoption of Ordinance No. 17-18 as presented, was adopted:
Yeas, 5; Nays none
B) Consider 2nd Reading of Ordinance No. 08-18, Amending Chapter 203 of Lino Lakes
City Code, Jeff Karlson
Action Taken: Motion by Maher, seconded by Rafferty, to approve the 2nd
Reading and adoption of Ordinance No. 08-18 as presented, was adopted:
Yeas, 5; Nays none
C) Consider Resolution No. 18-164, Approving On-Sale Wine and Beer License with no
Sunday Sales for Chili Thai Cuisine, Julie Bartell
Action Taken: Motion by Maher, seconded by Manthey, to approve Resolution
No. 18-164 as presented, was adopted
4. PUBLIC SAFETY DEPARTMENT
No report.
5. PUBLIC SERVICES DEPARTMENT
No report.
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Watermark, Katie Larsen
i. Consider Resolution No. 18-143, Approving PUD Final Plan/Final Plat
ii. Consider Resolution No. 18-144, Approving Master Development Agreement
iii. Consider Resolution No. 18-145, Approving 1st Addition Development Agreement
Council Agenda -3- November 26, 2018
Action Taken: Motion by Maher, seconded by Rafferty, to postpone Item 6A to
December 10 (item will be discussed at December 3rd Work Session), was
adopted
B) Right of Way and Easement Vacation
i) Consider 2nd Reading of Ordinance No. 16-18, Vacating Right-of-Way Along
Sandpiper Drive and drainage and Utility Easements within Lakes Addition No.
1
Action Taken: Motion by Rafferty, seconded by Maher, to approve the 2nd
Reading and adoption of Ordinance No. 16-18 as presented, was adopted:
Yeas, 5; Nays none
ii) Consider Resolution No. 18-161, Approving Summary Publication of
Ordinance No. 16-18
Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution
No. 18-161 as presented, was adopted
C) Consider 1st reading of Ordinance No. 19-18, Rezoning Certain Properties Along West
Shadow Lake Drive from R, Rural to R-1X, Single Family Executive Residential and
PSP, Public and Semi-Public, Katie Larsen
Action Taken: Motion by Maher, seconded by Manthey, to approve the 1st
Reading of Ordinance No. 19-18 as presented, was adopted
D) Consider Resolution No. 18-165, Approving a Variance for Curb Cut/Driveway
Width for 111 Robinson Drive, Katie Larsen
Action Taken: Motion by Maher, seconded by Stoesz, to approve Resolution No.
18-165 as presented, was adopted
E) Consider Resolution No. 18-166, Approving a Variance for Roof Materials for 47
Gladstone, Katie Larsen
Action Taken: Motion by Rafferty, seconded by Maher, to approve Resolution
No. 18-166 as presented, was adopted
F) Consider Resolution No. 18-169, Approving Final Payment for the 2018 Mill and
Overlay Project, Diane Hankee
Action Taken: Motion by Manthey, seconded by Stoesz, to approve Resolution
No. 18-169 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Stoesz, seconded by Manthey, to adjourn at 7:50 p.m., was adopted
Community Calendar – A Look Ahead
Council Agenda -4- November 26, 2018
November 27, 2018 through December 10, 2018
Wednesday, November 28 6:30 pm, Council Chambers Environmental Board
Monday, December 3 6:00 pm, Community Room Council Work Session
Thursday, December 6 8:00 am, Community Room EDAC
Monday, December 10 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, November 26, 2018
***********
City Council Meeting
6:30 p.m.
(Broadcast live: http://northmetrotv.com/local-
meetings/lino-lakes/)
City Council: Mayor Reinert, Councilmembers Maher, Manthey, Rafferty and Stoesz
City Administrator: Jeff Karlson
COUNCIL WORK SESSION, 5:30 P.M.
Community Room (not televised)
1. Watermark (Executive Summary of Master Development Agreement attached;
Regular Agenda Item 6A is full report)
2. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment
Setting the Agenda: Addition or deletion of agenda items
1. CONSENT AGENDA
A) Consideration of Expenditures:
i) November 26, 2018 (Check No. 109245 - 109347) in the amount of $639,131.69
B) Consider approval of November 5, 2018 Council Work Session Minutes
C) Consider approval of November 13, 2018 Council Meeting Minutes
Council Member Rafferty absent
D) Consider Resolution No. 18-167, Consenting to the Redemption of a Revenue Note
(YMCA Project), Series 2006A
E) Consider Resolution No.18-170, Consenting to the Rice Creek Watershed District’s
Request to Conduct Proceedings for Anoka-Washington Judicial Ditch 3
2. FINANCE DEPARTMENT
A) 2019 City Fee Schedule, Sarah Cotton
i) Consider Second Reading and Adoption of Ordinance No. 18-18, Establishing
the 2019 City Fee Schedule
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
Council Agenda -2- November 26, 2018
ii) Consider Resolution No. 18-168, Approving Summary Publication of Ordinance
3. ADMINISTRATION DEPARTMENT
A) Consider 2nd Reading of Ordinance No. 17-18, Adjusting the Salaries of the Mayor
and Councilmembers, Jeff Karlson
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
B) Consider 2nd Reading of Ordinance No. 08-18, Amending Chapter 203 of Lino
Lakes City Code, Jeff Karlson
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
C) Consider Resolution No. 18-164, Approving On-Sale Wine and Beer License with
no Sunday Sales for Chili Thai Cuisine, Julie Bartell
4. PUBLIC SAFETY DEPARTMENT
No report.
5. PUBLIC SERVICES DEPARTMENT
No report.
6. COMMUNITY DEVELOPMENT DEPARTMENT
A) Watermark, Katie Larsen
i. Consider Resolution No. 18-143, Approving PUD Final Plan/Final Plat
ii. Consider Resolution No. 18-144, Approving Master Development
Agreement
iii. Consider Resolution No. 18-145, Approving 1st Addition Development
Agreement
B) Right of Way and Easement Vacation
i) Consider 2nd Reading of Ordinance No. 16-18, Vacating Right-of-Way
Along Sandpiper Drive and drainage and Utility Easements within Lakes
Addition No. 1
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii) Consider Resolution No. 18-161, Approving Summary Publication of
Ordinance No. 16-18
C) Consider 1st reading of Ordinance No. 19-18, Rezoning Certain Properties Along
West Shadow Lake Drive from R, Rural to R-1X, Single Family Executive
Residential and PSP, Public and Semi-Public, Katie Larsen
D) Consider Resolution No. 18-165, Approving a Variance for Curb Cut/Driveway
Width for 111 Robinson Drive, Katie Larsen
Council Agenda -3- November 26, 2018
E) Consider Resolution No. 18-166, Approving a Variance for Roof Materials for 47
Gladstone, Katie Larsen
F) Consider Resolution No. 18-169, Approving Final Payment for the 2018 Mill and
Overlay Project, Diane Hankee
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Community Calendar – A Look Ahead
November 27, 2018 through December 10, 2018
Wednesday, November 28 6:30 pm, Council Chambers Environmental Board
Monday, December 3 6:00 pm, Community Room Council Work Session
Thursday, December 6 8:00 am, Community Room EDAC
Monday, December 10 6:30 pm, Council Chambers City Council Meeting
EXECUTIVE SUMMARY
MASTER DEVELOPMENT AGREEMENT
U.S. HOME CORP. AND MATTAMY HOMES
Parties
Both U.S. Home Corporation (“Lennar”) and Mattamy Homes (“Mattamy”) are parties to
the proposed Master Development Agreement (“MDA”). Given the size and phasing of the
project, Mattamy will retain ownership of portions of the overall development. Title to future
phases will be acquired by Lennar in timed take-downs. Consequently, it is necessary to bind
both Lennar and Mattamy to the terms of the MDA. Note that Lennar is referred to as the
“Developer” and Mattamy is referred to as the “Owner” in the MDA.
Conditions Precedent to Development/Article I
Section 1.4 identifies those tasks and submittals that must be completed and in place prior
to development work. These include financial guaranties, engineering and construction plans,
Homeowners Association covenants, all required permits, and easements and deeds required by
the MDA.
Phasing/Article IV
Article IV recognizes the intended multiple phasing of the overall project. It requires
project-specific development agreements for each future phase. Consequently, the terms of the
MDA as well as the terms of the pertinent phase-specific development agreement will govern a
future phase. Concurrently with approval of the MDA, the Council is being asked to approve the
phase-specific development agreement for the 1st Addition. You will note a provision in the 1st
Addition development agreement that ties the 1st Addition and Master Agreements together. This
provision will be included in all future phase-specific development agreements.
Lot Standards/Article IV
Section 4.2 identifies the Zoning Ordinance Standards for single family and townhouse
lots. It recognizes that flexibility may be reflected in final plats for future phases of the
development as more fully discussed in Section 4.3 of the MDA.
122529 2.
Flexibility/Core Values/Article IV
Section 4.3 gives the City the ability “in its sole discretion” to consider changes to the
approved master plans as full development of the property occurs. It contains certain standards,
called “core values”, that would guide and control deviations that may be permitted by the City.
For example, Section 4.3(d) allows the location of the three private parks identified in the
approved master plans to be adjusted slightly within certain guidelines. Likewise, Section 4.3(i)
allows trail locations as shown on the master plans to be adjusted slightly. These core values
recognize the realities that adjustments can be necessary in the phasing of large developments.
Architectural Guidelines/Article IV
Section 4.4 establishes guidelines for dwellings constructed within the project. The
guidelines generally require anti-monotony in design. The guidelines also dictate building
material types and certain design features.
Storm Water Outlet/Article V
Section 5.1 establishes a City obligation to construct the Peltier Lake Outlet by December
31, 2020. The City commits to “take all steps necessary” to acquire land and complete the outlet.
Plans for the work must be approved by the Council by June 1, 2019. This outlet is generally
necessary to support future phases of the project beyond the initial phase. It is also, in a broader
sense, a part of the City’s storm water plan to serve additional development properties.
CSAH 54 Turn Lave/Article V
Under Section 5.2, the Developer is responsible for constructing turn lanes from 20th Ave
(CSAH 54) into the Development at a time determined by the City.
Subdivision Improvements/Article VI
Article VI establishes varied requirements for improvements within the Development,
including construction and timing requirements for the construction of streets, sanitary sewer,
water, storm sewer, landscaping, street lighting, and signage. Section 6.9 requires the posting of
security for the work. The Developer is entitled to reduce the security posted on a periodic basis.
Open Space/Article VII
Article VII requires that certain areas of the Development be preserved as open space. These
areas are generally Outlots A, C, E, F, G, H, K, L, M, N, and O as identified in the approved
Preliminary Plat. The MDA imposes a blanket easement over the Development Property (except
the 1st Addition) until these areas are refined in future phase approvals. At that time, the open
space areas will be specifically encumbered by an open space easement denoted on the final plat
of that phase, and the blanket easement will be released as to the property within the
development phase not comprising open space. The Homeowner’s Association Covenants are
required to also contain an open space declaration to coincide with these areas. The Developer
will not be given dedication credit for the open space. Note this Article also requires drainage
and utility and trail easements.
122529 3.
Public/Park Dedications/Article VIII
Article VIII establishes and imposes park dedication requirements over the total project. Section
8.1 calls out the park dedication fee. As a condition of initial development, the Developer will
place a deed for the public park in escrow. The deed will be delivered to the City and recorded
once the Council awards the contract for the Peltier Lake Outlet. The Developer will be credited
for the value of the land (approximately 5 acres) once the deed is recorded. This Article also
requires the construction of trails throughout the development as depicted on the Parks and Open
Space Plan, and requires the construction of private parks as indicated on this plan. The
Developer will be given park dedication credit for the private parks.
Club House/Article IX
Article IX requires the construction of a clubhouse once 518 building permits have been issued.
Fees and Credits/Article X
Article X establishes the varied fees that will apply to the overall Development. They include
trunk sanitary and sewer accessibility charges, trunk water and water availability charges, and
surface water management charges. The sanitary and water charges are imposed on a phase-by-
phase basis. The surface water management charge is being secured by special assessments and
further secured by letters of credit in the amount of the assessment balances. The letters of credit
will be reduced as assessments are paid. As a future phase is approved, the Developer will be
required to pay the balance of the assessments for that phase.
Homeowner’s Association/Article XI
Article XI requires the creation of a Master Homeowner’s Association and Neighborhood
Associations. The City has the right to review and approve the Covenants of the Association(s)
to assure they contain terms that may be required by the Master Development Agreement.
Section 11.2 given the City the right to step in and perform maintenance to common areas within
the Development if the responsible association fails to maintain them. The City can assess its
costs of doing so.
Environmental/Article XII
Article XII acknowledges the approved AUAR, and requires the Developer to deal with
wetland impacts as required by pertinent regulation.
CITY COUNCIL WORK SESSION November 5, 2018
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : November 5, 2018 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 8:50 p.m. 6
MEMBERS PRESENT : Council Member Rafferty, Maher, 7
Manthey, Stoesz and Mayor Reinert 8
MEMBERS ABSENT : None 9
10
Staff members present: City Administrator Jeff Karlson; Public Safety Director John 11
Swenson; Community Development Director Michael Grochala; City Planner Katie 12
Larsen; Finance Director Sarah Cotton; City Engineer Diane Hankee. 13
14
1. Watermark – a. Master Development Agreement; b. 1st Addition Development 15
Agreement - City Attorney Jay Squires gave an update on the Master Development 16
Agreement and 1st Addition Development Agreement that staff has been working on with 17
Lennar and Mattamy. The Council did not have the drafts to review prior to the work 18
session. Staff acknowledged they were not as far along as they would have liked because 19
there so many moving pieces that needed to be worked out. 20
21
Lennar is working hard to get the first phase going, which will be around 100 lots. They 22
will be working on Phase 1 as late in the year as they can. 23
24
The agreements will be on the November 13, 2018 agenda for Council approval, but the 25
Council may not have all the information they need. Staff will update the agreements and 26
provide additional exhibits. 27
28
2. Northeast Drainage Area Project Funding – Community Development Director 29
Grochala reported. Project costs for the NE Drainage Area improvements are $3-4 30
million, which will be funded primarily through the Surface Water Management Fund 31
(SWMF), including cash reserves, future fees, special assessments, and abatement 32
revenues. The City collects a SWM fee with all new residential, commercial and industrial 33
developments, which is based on net developable area. The current fee is $6,865 per acre 34
for single/two family lots, $9,235 for multi-family lots, and $10,225 for 35
commercial/industrial. 36
37
The City’s Financial Advisor, Mikaela Huot, explained that Tax Abatement Bonds are the 38
most efficient method of financing projects because the City can obtain a lower interest 39
rate. The bonds would be paid back as the City collects special assessment fees into the 40
SWMF. Staff will continue t o refine the City’s financing options. 41
42
3. All Seasons Rental Update – City Planner Larsen updated the council on changes to 43
All Season Rental’s building project. The owners submitted revised building plans for a 44
one-story building instead of a two -story facility. The building footprint remains 7,740 45
CITY COUNCIL WORK SESSION November 5, 2018
DRAFT
2
square feet. Exterior materials include shake siding, wall panels with stucco finish, 46
versetta stone and glass. Colors are brown and tan earth tones. The exterior materials and 47
percentages meet ordinance performance standards 48
49
4. 49/J Trunk Utility Easement Acquisition – Community Development Director 50
Grochala reported. Staff has been talking to two property owners along Ash Street 51
regarding easements and possible property acquisition. 52
53
Sanitary sewer and trunk water mains are proposed to be extended across the rear of 54
255 Ash Street. The owner is asking $200,000 for the property, which is appraised at 55
$167,000. A 20’wide easement will be required across the rear of this property. After 56
WSB completed the Minimum Damage Acquisition Report, the property owner agreed to 57
accept $13,500 for a utility easement. The Council agreed to consider a resolution 58
authorizing acquisition of the easement at a cost of $13,500. Funding would come from 59
the Trunk Area and Unit Fund. 60
61
Acquisition of another property at 275 Ash Street is being evaluated. WSB met with the 62
property owners and is preparing an acquisition report for review by the City Council and 63
property owner. 64
65
5. 2040 Comprehensive Plan Update – Staff report ed that the Planning & Zoning 66
Board discussed proposed Land Use District and residential land use changes and reached 67
consensus on several of them. The Board will be having further discussion regarding the 68
Planned Residential/Commercial and the Signature Gateway to refine development 69
parameters in the individual district locations. 70
6. Council Updates on Boards/Commissions, City Council – There were no updates. 71
7. Monthly Progress Report – City Administrator Karlson reviewed his written report. 72
He pointed out that Arbitration with the sergeants is scheduled for November 20. 73
8. Review Regular Agenda – Items on the regular council agenda of November 13th 74
were reviewed. 75
The meeting was adjourned at 8:50 p.m. 76
77
These minutes were considered, corrected and approved at the regular Council meeting held on 78
November 26, 2018. 79
80
81
82
83
Julianne Bartell, City Clerk Jeff Reinert, Mayor 84
85
COUNCIL MINUTES November 13, 2018
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
4
DATE : November 13, 2018 5
TIME STARTED : 6:30 p.m. 6
TIME ENDED : 8:20 p.m. 7
MEMBERS PRESENT : Council Member Maher, 8
Manthey, Stoesz and Mayor Reinert 9
MEMBERS ABSENT : Council Member Rafferty 10
11
Staff members present: City Administrator Jeff Karlson; Community Development Director Michael 12
Grochala; Director of Finance Sarah Cotton; City Engineer Diane Hankee; City Planner Katie Larsen; 13
Human Resources Manager Karissa Bartholomew; Director of Public Safety John Swenson 14
15
PUBLIC COMMENT 16
17
Bernadine Skoglund, 7481 Lake Drive, reported that she’s seen a timber wolf roaming near her home 18
several times. She would like people to know because it presents a danger. 19
20
SETTING THE AGENDA 21
22
The agenda was approved as presented. 23
24
CONSENT AGENDA 25
26
Council Member Maher moved to approve the Consent Agenda, Items 1A through 1D, as presented. 27
Council Member Manthey seconded the motion. Motion carried on a voice vote. 28
29
ITEM ACTION 30
31
Consideration of Expenditures: 32
33
November 13, 2018 (Check No. 109142 – 34
109244, $349,547.37) Approved 35
36
October 22, 2018 Council Work Session Minutes Approved 37
38
October 22, 2018 City Council Meeting Minutes Approved 39
40
Consider Resolution No. 18-153, Denial of Therapeutic 41
Massage Business License and Resolution No. 18-154, 42
Denial of Individual Therapeutic Massage License Approved 43
44
FINANCE DEPARTMENT REPORT 45
COUNCIL MINUTES November 13, 2018
DRAFT
2
2A) Consider Resolution No. 18-157, Awarding the Sale of $7,169,000 General Obligation 46
Bonds, Series 2018A - – Finance Director Cotton explained that staff is requesting authorization to 47
proceed with the sale of City general obligation bonds to fund the West Shadow Lake Drive and 48
Lamotte Improvement Projects and water main improvements along Lake Drive. She introduced the 49
City’s financial advisor, Terri Heaton of Springsted, Inc., to provide detailed information. 50
Ms. Heaton reviewed a PowerPoint presentation that included information on: 51
- Upgrade of the City’s bond rating from AA to AA+ bond; 52
- Bonds will finance three projects; bond amount has been reduced from original estimate; 53
- Bids results (seven bids received); 54
- Bond rating process and implications of the city’s bond rating; 55
- Reasoning for the city’s upgrade to AA+; 56
- Rationale for strong management rating. 57
Mayor Reinert recognized the long term work that’s gone into receiving a bond rating increase. The 58
City has been responsible with its money. He noted that the City has the same S&P rating now as the 59
United States Government. 60
Council Member Manthey moved to approve Resolution No. 18-157 as presented. Council Member 61
Stoesz seconded the motion. Motion carried on a voice vote. 62
2B) Consider Resolution No. 18-158, Calling for a Public Hearing on Consenting to the 63
Issuance of Senior Housing Facility Revenue Notes to Finance a Senior Housing Project – Finance 64
Director Cotton reviewed the written staff report outlining a request for the council set a public hearing 65
for December 10th to consider granting consent for the City of Falcon Heights to issue revenue notes that 66
will finance a new senior living facility for Lingblomsten Company in the City of Lino Lakes. She noted 67
that the issuance will also serve to refinance bonds for an existing facility not located in the City, for the 68
same company. 69
Council Member Manthey moved to approve Resolution No. 18-158 as presented. Council Member 70
Stoesz seconded the motion. Motion carried on a voice vote. 71
2C) Consider 1st Reading of Ordinance No. 18-18, Establishing the 2019 City Fee Schedule – 72
Finance Director Cotton requested that the council approve the 1st Reading of a fee schedule for the 73
coming year. She noted that the fees presented in the ordinance have been reviewed by staff, amended 74
as appropriate and she is recommending approval. 75
Council Member Maher moved to approve the 1st Reading of Ordinance No. 18-18 as presented. 76
Council Member Manthey seconded the motion. Motion carried on a voice vote. 77
78
ADMINISTRATION DEPARTMENT REPORT 79
3A) Consider 1st Reading of Ordinance No. 17-18, Adjusting the Salaries of the Mayor and 80
Councilmembers – Administrator Karlson asked the council to approve the 1st reading of this 81
ordinance that would raise the salaries of council members and the mayor. He noted that the council 82
has not had a salary increase for ten years. He also reviewed comparison information included in his 83
written report indicating what like cities are paying for council salaries (this City is considerably below 84
COUNCIL MINUTES November 13, 2018
DRAFT
3
the average). He added that as part of their discussion of this topic, the council decided to eliminate 85
special meeting pay. The ordinance also includes language requiring that staff bring the salary 86
discussion to the council every two years. 87
Mayor Reinert remarked that there are reasons that this topic hasn’t been discussed for ten years: it 88
can be contentious and also because people don’t serve on the council for monetary reasons but 89
because they want to serve the City. It can be an uncomfortable topic but it is time to update. 90
Council Member Manthey moved to approve the 1st Reading of Ordinance No. 17-18 as presented. 91
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 92
3B) Consider 1st Reading of Ordinance No. 08-18, Amending Chapter 203 of the Lino Lakes 93
Code of Ordinances – Administrator Karlson explained that this ordinance provides for amendments 94
to the city code relating to council salaries and it will impact that subject only until the previously 95
adopted ordinance takes effect in 2020. He reviewed the changes. 96
Council Member Maher moved to approve the 1st Reading of Ordinance No. 08-18 as presented. 97
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 98
3C) Consider approval of Labor Agreement between City of Lino Lakes and LELS Local 99
199 – Administrator Karlson asked that the council approve the labor agreement proposed for the 100
City’s police officers. The agreement did go to arbitration and the language is representative of what 101
came forward from that process. 102
Council Member Manthey moved to approve the Labor Agreement as recommended. Council 103
Member Stoesz seconded the motion. Motion carried on a voice vote. 104
3D) Consider approval of Resolution No. 18-151 and Resolution No. 18-152, Establishing the 105
2018 and 2019 Compensation Plans for Non-Union Employees- Administrator Karlson reviewed 106
the written recommendation proposing a wage increase for the City’s non union employees that is the 107
same as increases granted for union employees. 108
Administrator Karlson added that the one group that has not settled their agreement are the Police 109
Sergeants and that is under arbitration. 110
Council Member Maher moved to approve Resolution No. 18-151 as presented. Council Member 111
Manthey seconded the motion. Motion carried on a voice vote. 112
Council Member Manthey moved to approve Resolution No. 18-152 as presented. Council Member 113
Stoesz seconded the motion. Motion carried on a voice vote. 114
3E) Consider Appointment of Utilities Supervisor – Human Resources Manager Bartholomew 115
read her written report. 116
Council Member Maher moved to approve the appointment of Justin Williams as recommended. 117
Council Member Manthey seconded the motion. Motion carried on a voice vote. 118
COUNCIL MINUTES November 13, 2018
DRAFT
4
3F) Consider Appointment of Utilities Maintenance Worker – Human Resources Manager 119
Bartholomew read her written report. 120
Council Member Stoesz moved to approve the appointment of Layne Chapman (contingent upon Mr. 121
Chapman obtaining proper licensing) as recommended. Council Member Maher seconded the motion. 122
Motion carried on a voice vote. 123
3G) Consider Appointment of Paid On-Call Firefighter – Human Resources Manager 124
Bartholomew read her written report. 125
Council Member Manthey moved to approve the appointment of Lucas Evens as recommended. 126
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 127
3H) Consider Appointment of Community Development Intern – Human Resources Manager 128
Bartholomew read her written report. 129
Council Member Maher moved to approve the appointment of Monika Mann as recommended. 130
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 131
132
PUBLIC SAFETY DEPARTMENT REPORT 133
4A) Consider request for approval to enter into a JPA for the investigation of financial 134
crimes – Public Safety Director Swenson reviewed his written report requesting authorization to 135
participate in this task force that is overseen by the Minnesota Bureau of Criminal Apprehension. He 136
noted that Lino Lakes Police have been involved in numerous complex investigations of financial 137
crimes. By becoming a member of the group, the City will receive the financial backing of the group 138
for overtime and with no staffing changes to the City. 139
Mayo r Reinert remarked that this represents an efficiency in government whereby the BCA can engage 140
local law enforcement through reimbursement. 141
Council Member Maher moved to authorize execution of the JPA as recommended. Council Member 142
Stoesz seconded the motion. Motion carried on a voice vote. 143
4B) Consider Lease Agreement with North Memorial Ambulance Service – Public Safety 144
Director Swenson explained that staff is requesting authorization to renew this lease agreement providing 145
ambulance services to the City; services alternate from between the two fire stations. 146
Council Member Maher moved to authorize participation in the lease agreement as recommended. 147
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 148
149
PUBLIC SERVICES DEPARTMENT REPORT 150
151
There was no report from the Public Services Department. 152
153
COMMUNITY DEVELOPMENT DEPARTMENT REPORT 154
155
COUNCIL MINUTES November 13, 2018
DRAFT
5
6A) Public Hearing; i. Consider 1st Reading of Ordinance No. 16-18, Vacating Right of 156
Way along Sandpiper Drive and drainage and utility easements Lakes Addition No. 1; 157
City Engineer Hankee reviewed her written staff report requesting a public hearing and 1st reading of 158
an ordinance that would vacate a portion of land (currently golf course) that is no longer needed. 159
160
Mayor Reinert opened the public hearing. There being no one present wishing to speak, the public 161
hearing was closed. 162
163
Council Member Manthey moved to approve the 1st Reading of Ordinance No. 16-18 as presented. 164
Council Member Stoesz seconded the motion. Motion carried on a voice vote. 165
166
6B) Watermark: Consider: Resolution No. 18-143, Approving PUD Final Plan; Final Plat; 167
ii) Resolution No 18-144, Approving Master Development Agreement; iii) Resolution No. 18-168
145, Approving 1st Addition Development Agreement – Mayor Reinert remarked that the council 169
received information just recently on this matter and they will need further time for individual review; 170
he understands that the council will not act this evening. 171
172
City Planner Larsen noted that the Master Development Agreement, which is unique to this 173
development, is just being finalized and will be forwarded to the council for review very soon. She 174
then reviewed a PowerPoint presentation including information on the PUD and Final Plan: 175
- Land use plan history and final land use plan map; 176
- Watermark 1st Addition plan, including types of housing included; 177
- Area currently graded and final plat; 178
- Architectural standards overall; 179
- Review of townhome and single family designs and elevations; 180
- Landscaping plans; 181
- HOA Center concept; 182
- Subdivision actions required; 183
- Public land dedication required; 184
- Agreements involved in this development; 185
- Recommendations of the Planning & Zoning Board and staff. 186
187
Mayor Reinert remarked that the council will take this information under review and forward 188
questions to staff. He expects discussion at the next work session. 189
190
Council Member Stoesz moved to table the matter until November 26, 2018. Council Member 191
Manthey seconded the motion. Motion carried on a voice vote. 192
193
6C) Consider Resolution No. 18-156, Approving Comprehensive Plan Amendment for I-35E 194
Corridor – Community Development Director Grochala reported that the resolution will provide for 195
an amendment relating to the 35E corridor. This is intended to promote economic development by 196
improving project readiness. This impact s 33 parcels (generally vacant or agricultural) and owners 197
were notified and granted a hearing before the Planning and Zoning Board. He reviewed the 198
proposed changes from urban reserve to other comp plan categories. 199
200
COUNCIL MINUTES November 13, 2018
DRAFT
6
Council Member Manthey moved to approve Resolution No. 18-156, as presented. Council Member 201
Stoesz seconded the motion. Motion carried on a voice vote. 202
203
6D) Consider Resolution No. 18-155, Approving Payment No. 4 and Final for the 2017 Trail 204
Improvement Project – City Engineer Hankee reviewed the written staff report. She noted the 205
project involved and the staff request for authorization to make final payment. 206
207
Council Member Maher moved to approve Resolution No. 18-155, as presented. Council Member 208
Stoesz seconded the motion. Motion carried on a voice vote. 209
210
6E) Consider Resolution No. 18-159, Authorizing Acquisition of Permanent Easement, 49 & 211
J Trunk Utility Improvements – City Engineer Hankee explained that by this resolution staff is 212
requesting that the council authorize the acquisition of certain private property required for utility 213
improvements. She noted communication with the land owner, the cost of acquisition and the funding 214
source. 215
216
Council Member Maher moved to approve Resolution No. 18-159, as presented. Council Member 217
Stoesz seconded the motion. Motion carried on a voice vote. 218
219
6F) Consider Resolution No. 18-160, Approving Quotes for Trunk Waterman Connection, 220
Birch Street and Black Duck Drive – City Engineer Hankee requested approval of the resolution 221
that will accept the low quote for the service of making an improvement to the water line noted. The 222
work will improve water services to the area. 223
224
Council Member Manthey move to approve Resolution No. 18-160 as presented. Council Member 225
Stoesz seconded the motion. Motion carried on a voice vote. 226
227
UNFINISHED BUSINESS 228
229
There was no Unfinished Business. 230
231
NEW BUSINESS 232
233
There was no New Business. 234
235
COMMUNITY EVENTS 236
237
MONTHLY RECYCLE DAY will be held at Lino Park (7850 Lake Drive) on Saturday, November 238
18th from 10:00 a.m. to 2:00 p.m. See city website for a list of accepted items. 239
240
TURKEY BINGO will be held at St. Joseph’s Church on Sunday, November 18th from 1:00 p.m. to 241
4:00 p.m. 242
243
244
245
COUNCIL MINUTES November 13, 2018
DRAFT
7
COMMUNITY CALENDAR 246
Community Calendar – A Look Ahead 247
November 13, 2018 through November 26, 2018 248
249
CITY HALL CLOSED NOVEMBER 22 & 23 - THANKSGIVING HOLIDAY 250
Wednesday, November 14 6:30 pm, Council Chambers Planning & Zoning Board 251
Monday, November 26 6:00 pm, Community Room Council Work Session 252
Monday, November 26 6:30 pm, Council Chambers City Council Meeting 253
254
255
ADJOURN 256
257
There being no further business, the council adjourned at 8:20 p.m. 258
259
These minutes were considered and approved at the regular Council Meeting, November 26, 2018 260
261
262
263
264
Julianne Bartell, City Clerk Jeff Reinert, Mayor 265
266
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Sarah Cotton, Finance Director
MEETING DATE: November 26, 2018
TOPIC: Consider Resolution No. 18-167, Consenting to the Redemption
of a Revenue Note (YMCA Project), Series 2006A
VOTE REQUIRED: 3/5
BACKGROUND
On June 28, 2006, the City of Lino Lakes issued Revenue Note (YMCA Project), Series 2006A
and loaned the proceeds to the Young Men’s Christian Association of the Greater Twin Cities
to finance a portion of the costs associated with the Lino Lakes YMCA Project.
The YMCA would like to refinance the Project, along with other recreational facilities owned,
and has requested that the City of White Bear Lake issue its revenue obligations, a portion of
which will be utilized to refinance the City’s o utstanding Series 2006A Note.
Per Minnesota State Statutes, a municipality is authorized to issue bonds to finance or refinance
a project located in another municipality if the governing body of the municipality in which the
project is located consents by resolution to the issuance of the bonds. In order for the City of
White Bear Lakes to issue the Revenue Obligations, the City of Lino Lakes must “consent to”
and approve the issuance of the bonds.
RECOMMENDATION
Staff recommends approval of Resolution No. 18-167.
ATTACHMENTS
Resolution No. 18-167
CITY OF LINO LAKES, MINNESOTA
RESOLUTION NO. 18-167
RESOLUTION CONSENTING TO AND APPROVING THE ISSUANCE BY THE
CITY OF WHITE BEAR LAKE OF REVENUE OBLIGATIONS TO
REFINANCE A PROJECT ORIGINALLY FINANCED WITH THE PROCEEDS
OF REVENUE OBLIGATIONS ISSUED BY THE CITY OF LINO LAKES AND
TAKING OTHER ACTIONS WITH RESPECT THERETO
BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota (the “City”), as
follows:
Section 1. Background.
1.01. The City is authorized by the provisions of Minnesota Statutes, Sections 469.152 through
469.1655, as amended (the “Act”), to issue revenue bonds to finance or refinance, in whole or in part, the
costs of the acquisition, construction, reconstruction, improvement, betterment, or extension of projects,
including any properties, real or personal, used or useful in connection with a revenue producing
enterprise, whether or not operated for profit .
1.02. Pursuant to Minnesota Statutes, Section 471.656, as amended, a municipality is
authorized to issue obligations t o finance the acquisition or improvement of property located outside of
the corporate boundaries of such municipality if the governing body of the city in which the property is
located consents by resolution to the issuance of such obligations .
1.03. On June 28, 2006, the City issued its Revenue Note (YMCA Project), Series 2006A (the
“Series 2006A Note”), in the original aggregate principal amount of $3,500,000 and loaned the proceeds
thereof, along with the proceeds of the Revenue Note (YMCA Project), Series 2006B, issued by the City
in the original aggregate principal amount of $500,000 and no longer outstanding, to the Young Men’s
Christian Association of the Greater Twin Cities, a Minnesota nonprofit corporation doing business as the
YMCA of the Greater Twin Cities (the “Borrower”), as successor to the YMCA of Greater Saint Paul, to
finance a portion of the costs of the acquisition, construction, and equipping of an approximately 45,000
square foot recreational facility located at 7690 Village Drive in the City (the “Lino Lakes Project ”).
1.04. The Borrower has proposed that the City of White Bear Lake, Minnesota (the “Issuer”)
issue its revenue obligations (the “Bonds”), in one or more series, as taxable or tax-exempt obligations, in
an aggregate principal amount not to exceed $22,000,000, under the provisions of the Act and Minnesota
Statutes, Section 471.656, as amended, and loan the proceeds thereof to the Borrower to, among other
things, refinance the Lino Lakes Project through the refinancing of t he Series 2006A Note.
1.05. The Borrower also intends to use a portion of the proceeds of the Bonds to refinance
other facilities owned by the Borrower and located throughout the Minneapolis/Saint Paul metropolitan
area.
Section 2. Findings; Authorizations and Approvals.
2.01. In accordance with Section 469.155, subdivision 12 of the Act and Minnesota Statutes,
Section 471.656, as amended, the City consents to the issuance of the Bonds by the Issuer to, among other
things, refinance the outstanding Series 2006A Note, thereby refinancing the Lino Lakes Project, subject
544491v1 JAE MN450-6 2
to final approval by the governing body of the Issuer, following the preparation of bond documents and a
determination by the Issuer to issue the Bonds.
2.03. The Borrower has agreed and it is hereby determined that any and all costs incurred by
the City in connection with the refinancing of the Series 2006A Note and the Lino Lakes Project will be
paid by the Borrower.
2.03. City staff are authorized and directed to take all other act ions necessary to carry out the
intent of this resolution.
Adopted by the City Council of the City of Lino Lakes, Minnesota this 26th day of November,
2018.
Mayor
ATTEST:
City Clerk
CITY COUNCIL
AGENDA ITEM 1E
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: November 26, 2018
TOPIC: Request from RCWD to Repair Judicial Ditch 3
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to approve Resolution No. 18-170, consenting to the Rice
Creek Watershed District’s (RCWD) request to repair Judicial Ditch 3.
BACKGROUND
The RCWD needs municipal approval in order to facilitate prompt repair of Anoka-Washington
Judicial Ditch 3. The ditch is located at Clearwater Creek. A map is attached with the
approximate location.
RECOMMENDATION
Approve Resolution No. 18-170, consenting to the RCWD’s request to repair Anoka-
Washington Judicial Ditch 3.
ATTACHMENTS
Resolution No. 18-170
Letter from Rice Creek Watershed District
Judicial Ditch 3 Location Map
CITY OF LINO LAKES
RESOLUTION NO. 18-170
RESOLUTION CONSENTING TO RICE CREEK WATERSHED DISTRICT’S
REQUEST TO CONDUCT PROCEEDINGS FOR ANOKA-WASHINGTON
JUDICIAL DITCH 3 UNDER MINNESOTA STATUTES, CHAPTER 103D
WHEREAS, Rice Creek Watershed District (RCWD) is the drainage authority for Anoka-
Washington Judicial Ditch 3 (the “Drainage System”); and
WHEREAS, RCWD is proceeding on a petition to repair the Drainage System;
WHEREAS, the RCWD Engineer is preparing a repair report recommending a repair option that
balances the drainage function of the Drainage System with ecological concerns in the watershed; and
WHEREAS, Minnesota Statute 103D.621, subd. 4, grants RCWD the authority to undertake
proceedings related to the Drainage System in accordance with the Watershed Law (Minnesota
Statutes, Chapter 103D) rather than the Drainage Code (Minnesota Statues, Chapter 103E), subject
to concurrence by city councils and town boards where the Drainage System is located; and
WHEREAS, RCWD has requested concurrence from the City of Lino Lakes to conduct the
necessary proceedings related to the Drainage System under the Watershed Law rather than the
Drainage Code; and
WHEREAS, the purpose of conducting proceedings under the Watershed Law is to provide
consistent management of all drainage systems under RCWD management, comprehensive wetland
management, and appropriate administration of resource management plans; and
WHEREAS, conducting the proceedings under the Watershed Law will facilitate flexibility in
financing the recommended repair option.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes that the
City consents to RCWD’s request to conduct proceedings for Anoka-Washington Judicial Ditch 3
under Minnesota Statutes, Chapter 103D.
Adopted by the Council of the City of Lino Lakes this 26th day of November 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon vote
being t aken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 2A
STAFF ORIGINATOR: Sarah Cotton, Finance Director
MEETING DATE: November 26, 2018
TOPIC: 2019 City Fee Schedule
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to approve the second reading of Ordinance No. 18-18,
Establishing the 2019 City Fee Schedule and Resolution No. 18-168, Authorizing Summary
Publication of Ordinance No. 18-18.
BACKGROUND
In order to provide for a more efficient and timely method of reviewing and adjusting the
various fees charged by the City, fees are consolidated into one schedule to be reviewed and
adopted on an annual basis. The City’s current fee schedule has been circulated to department
directors with a request to update or amend the schedule as appropriate for 2019. Staff has
reviewed the fees in place to ensure their ongoing equity and cost recovery ability.
Ordinance No. 18-18 (the proposed 2019 Fee Schedule) is attached. Recommended
amendments to the ordinance are tracked throughout the document . The changes proposed for
2019 are outlined below for your review:
• Weed & Mowing Violation Charges, Building Permits, Escrow Deposits, Water Meter
Rental and Testing Fees, Trunk Utility Connection Fees, Lateral Service Connection
Fees, Surface Water Management Fees, and Development Fees – Staff has adjusted fees
to account for inflationary increases; they are generally consistent with neighboring
cities.
The Council approved the first reading of Ordinance No. 18-18 on November 13, 2018. Staff
is now recommending approval of the second reading and summary publication of the
ordinance.
RECOMMENDATION
1. Approve the second reading of Ordinance No. 18-18, Establishing the 2019 Fee Schedule
2. Approve Resolution No. 18-168, Authorizing Summary Publication of Ordinance No. 18-
18
1
1st Reading:
November 13, 2018
Publication:
December 4, 2018
2nd Reading:
November 26, 2018
Effective:
January 4, 2019
City of Lino Lakes
Ordinance No. 18-18
An Ordinance Adopting The 2018 City of Lino Lakes Fee Schedule and Providing for the Issuance Of
Licenses, Permits and Collection of Fees Thereof; Repeals All Ordinances, Parts Of Ordinances and
Previous Fee Schedules that Conflict Therewith.
The City of Lino Lakes City Council does ordain the following:
Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter, and the Lino Lakes City Code,
and upon a review of a study conducted by City Staff, a fee schedule for City services and licensing is hereby
adopted as follows:
2019 FEE SCHEDULE
ALCOHOLIC BEVERAGES
3.2 Beer Investigation, Initial Application Only $267.75 (1 or 2); $471.75 (3+)
3.2 Beer Off-Sale $200.00/Year
3.2 Beer On-Sale $300.00/Year
3.2 Beer On-Sale Temporary $50.00 + $5.00/Day
Club License $300.00
Liquor License Investigation Fee, Initial Application Only $267.75 (1 or 2); $471.75 (3+) Liquor
On-Sale License $4,500.00/Year
Liquor Off-Sale $200.00
Liquor Temporary Permit $50.00
Temporary Set-Up License $25.00
Wine License Investigation Fee, Initial Application Only $267.75 (1 or 2); $471.75 (3+) Wine
$500.00/Year
Sunday Liquor $200.00/Year
On-Sale Brewer Taproom $500/Year
Off-Sale Growler $200/Year
AMUSEMENT & COMMERCIAL RECREATION
Cabaret License $35.00
Dances $200.00/Year
Gambling Permit Application $10.00
State Licensed Gambling Regulation Tax
0.10% of gross receipts less prizes paid
BUSINESS & MISCELLANEOUS
Assessment Search Fee $20.00/Search
Background Check Fee $35.00/Background
Burning Permit $50.00
Dog Kennel - Private $20.00/Year
Formatted: Indent: Left: 0.58"
Formatted: Indent: Left: 0.58"
Formatted: Indent: Left: 0.58"
2
Dog Kennel – Commercial $105.00/Year
Dog License Male/Female $10.50
Dog License Male/Female $5.25(Spayed or Neutered)
Copies: Per Page 1-10 pages - Free; 11-100 pages - $.25 per page;
Over 100 pages – Actual Cost
Copies: New Resident Labels $5.00 per Month Flat Fee
Copies: Large Scale (>11”x17”) $.50 per sq. foot
City Charter 1st Copy Free; $10.00 Each Add’l
City Code Book $75.00
City Map $2.50
Comp. Plan. $55.00
CD or DVD $7.00
Environmental Handbook $55.00
Fax Charge 1st 10 Pages Free, then $.25 per Page
Garbage Hauler License $75.00/First Truck; $45.00 each add’l
Lawn Sprinkling Violation $25.00 for first violation
$50.00 for each subsequent citation
Overweight Permit $20.00
Pawn Shop Class A $10,000.00
Pawn Shop Class B $7,000.00
Class A Secondhand Goods Dealer $720.00
Class B Secondhand Goods Dealer $105.00
Class C Secondhand Goods Dealer No Fee
Massage Therapist License (Individual) $50 annually
Therapeutic Massage Business License $200 annually
Pawn Shop Investigation $15,400 (deposit on costs)
Pawn Shop In-State Investigation $765.00
Pawn Shop Out-State Investigation $20,400.00
Peddler, Solicitor, Transient Merchant $250.00/6 months (Up to 3 Backgrounds – Each
Additional Background $35/Background)
Rental License (annual) $67.00 for 1 or 2 units
$67.00 + $15 per unit for 3 or more units (fee to
be reduced by 50% if issues less than six months
from expiration date)
Rental License Re-inspection Fee $67.00
Return Check Charge $30.00
Special Event Permit $50.00
Tobacco License $50.00
Weed & Mowing Violation $150.00 for first hour
$75.00/hr for each additional hour
Return Check Charge $30.00
Zoning Maps $5.00/Large or Colored
Zoning Ordinance $25.00
PARK & RECREATION USER FEES
Field Rental – Resident Only
Baseball/Softball Drag Only $20.00/Evening
Baseball/Softball Drag & Chalk $30.00/Evening
Soccer (Excluding Youth) $65.00/Evening Picnic
3
Shelter Reservation Residents - No Fee; Non-Resident - $25.00
Playground Grab Bags $10.00 / $25.00
FIRE REGULATIONS
Annual Permit for Sale $350 exclusive retail seller/ $100 in
oOf Consumer Fireworks conjunction with existing retail store
POLICE FEES (Costs include all applicable taxes)
Achieving Compliance through Education (ACE) Program Fees
Equipment Violation $50.00
Moving Violation $100.00
Ordinance Violation $75.00
Parking Violation $100.00
Status Offense $50.00
Other Violations $100.00
Copy of Report Free to subject of data up to 3 pages; 4th page
$1.00; then $.25 add’l pages up to 100
Copy of Report – Mail In $4.00 up to 4 pages; $.25 per page thereafter
Vehicle Lockouts No charge
Clearance Letter $15.00
Fingerprinting $15.00 by appointment
Photographs $25.00 plus developing cost
Electronic Photographs $10.00 per page of four
False Alarms 3 free; 4-10 $52.50;
11 or more $105.00/calendar yr.
Vehicle Forfeiture Fee $100.00 per vehicle
DVD (Police Dept) $25.00
Dangerous Dog Registration $255.00/Year
BUILDING - CONSTRUCTION UTILITIES
Building Permit Fee Schedule
Building Permit Fees shall be based on the Fee Table. Fire
Suppression Permit fee shall be based on Fee Table
Minimum fee of $67.00 for all permits
Fee Table
Total Valuation Fee
$1.00 to $1,360.00 $67.00
$1,361.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00,
or fraction thereof, to and including $2,000.00
$2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
4
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each additional
$1,000.00, or fraction thereof
Other Inspections and Fees:
Work commencing before permit issuance Double Permit Fee
Erosion Control Inspection Fee (single, two-family, townhomes up to 8 units) $160.00
Multi-family > 8 units, Commercial, Industrial and Institutional determined
by separate agreement.
Change of use/occupancy inspections $67.00 per trip
Erosion Control Re-inspection Fee $67.00 per trip
Inspections outside of normal business hours $67.00 per hour*
Re-inspection fee $67.00 per trip
Inspections for which no fee is specifically designed $67.00 per trip
Additional plan review required by changes, additions, or revisions $67.00 per hour**
For use of outside consultants for plan checking and inspections, or both Actual Cost***
Plan Review Fee
a. 65% of the Building Permit Fee
b. 25% of the Building Permit Fee for review of similar plans (Master Plan) in a 12 month period
Easement Encroachment Fee County Recording Fee plus $25.00
Accessory Building Permit: 200 sq. ft. or under in size $67.00
Accessory Building Permit: over 200 sq. ft. in size See Building Fee Table
Fence Permit: 6 feet or under in height $67.00
Fence Permit: over 6 feet in height See Building Fee Table
Grading Permit $155.00
Grading Permit Escrow Deposit (if not included in Dev. Contract) $300.00
Roofing Permit $103.00
Siding Permit $103.00
Swimming Pool Permit: In Ground $155.00
Swimming Pool Permit: Above Ground $103.00
Window/Door Replacement Permit $77.00 per unit (max. $155.00)
5
Retaining Wall Permit $67.00
Mechanical (HVAC) permit: Gas Fireplace $67.00 (plus $32.50 for each addt’l fireplace)
Mechanical (HVAC) Permit: Residential (except new construction) $67.00
Mechanical (HVAC) Fee: New Construction Residential (does not include fireplaces)
$77154.00 Mechanical (HVAC) Permit: Commercial 2% of the contract price ($67.00 minimum fee)
Manufactured Home Permits
$155250.00
Plumbing Permit 11.00 per fixture ($67.00 minimum fee)
Sewer Connection Inspection Fee $200.00
Water Connection Inspection Fee $250.00
Contractor License Verification $5.00 per permit
Contractor Lead Certification Verification (effective Feb 1, 2011) $5.00 per permit
Contractor License $50.00
Metropolitan Council SAC (Sewer Availability Charge) Per Met Council
¾” Water Meter City cost plus 10% handling fee
1” Water Meter City cost plus 10% handling fee
MXU Unit City cost plus 10% handling fee
Touch Pad $18.00
Curb Stop Covers $70.00
Septic Installation or Repair Permit $250.00
Septic Pumping Permit $10.00
Demolition Permit $67.00
Lawn Sprinkler/Irrigation System Permit (effective June 26, 2008) $67.00
Irrigating or Watering of New Landscaping Permit (sod or seed) No Charge
Lawn Sprinkling Violation $25.00 for first violation
$50.00 for each subsequent citation
Driveway Replacement Permit $67.00
Formatted: Justified, Indent: Left: 0.08", Right: 0.49",
Space Before: 0.15 pt, Line spacing: At least 26 pt, Tab
stops: 5.69", Left + 6.61", Left + 6.75", Left
6
Sign Permit: Existing Billboard $85.00 per year
Sign Permit: Permanent See Building Fee Table
Sign Permit: Sandwich Board $25.00
Sign Permit: Temporary (portable/banner) $25.00/Term
Fee Refund – Per applicant request, City staff may refund permit fees up to 80% for voided permits.
Plan review fees and state surcharge fees are non-refundable. No refund shall be provided if permit has expired.
All permits issued are subject to applicable State surcharge fees.
* Inspections made outside of normal business hours is a three-hour minimum charge
** Or the total hourly cost to the jurisdiction, whichever is greatest. This cost shall include supervision,
overhead, equipment, hourly wages, and fringe benefits of the employees involved.
*** Actual costs include administrative and overhead costs.
An escrow may be required, as determined by the City Engineer, to cover all costs incurred by the City for plan
revision and construction observation.
ESCROW DEPOSITS
In order to obtain a Certificate of Occupancy, escrow deposits shall be collected if exterior work cannot be
completed due to inclement weather, as determined by City Staff, whereupon a Temporary Certificate of
Occupancy would be issued subject to the execution of an escrow agreement and payment thereof. Any
unfinished work must be completed within six months (weather permitting) from the date of issuance. The
following escrow amounts are hereby established:
a. Driveway - $1,000.00
b. Exterior Concrete - $1,000.00
c. As-built Surveys - $1,000.00
d. Stucco (final coat only) - $1,000.00
e. Garage Floor - $1,000.00
f. Landscaping - $2,500.00 (landscaping may be escrowed year-round per City Staff)
Escrow deposits include will be charged a $75100.00 non-refundable administrative fee.
Escrow deposits can be submitted through one of the following procedures:
a.) Escrow can be paid to the City upon execution of an agreement signed by both the payee and the City.
b.) The title company or lending institution can hold the escrow upon execution of an agreement signed by
both the title company or lending institution and the City.
A partial release, of a multi-item escrow, will be charged a $75.00 non-refundable administrative fee.
RIGHT-OF-WAY MANAGEMENT
Excavation Permit Fees
Hole (includes administration, plan review, inspection, testing and mapping)...………….. $125.00
Trench (includes administration, plan review, inspection, testing & mapping)...$70.00 per 100 lineal
feet plus hole fee
Formatted: Font: 12 pt, Condensed by 0.05 pt
7
Obstruction Permit Fee (includes administration, recording, review & inspection)…$50.00 plus $.05 per
lineal foot
Permit Extension Fee (includes administration, recording & review)………………………………$55.00
Delay Penalty ……………………………………………………………………………………….$60.00
for up to three days of non-completion and non-prior notice before specified date.
After three days an additional charter of $10.00 per day will be levied
Degradation Fee Formula:
This formula covers degradation for depreciation caused by intrusion into the right-of-way. The
depreciation applies to the original surface of the right-of-way and to the overlays and seal-coats applied to
the surface. The formula includes life expectancy schedules for each and has an estimated cost per square yard
based on the quality of the right-of-way surface required for different levels of traffic. This formula creates a
degradation fee which is determined by the cost per square yard for street, overlay, and seal-coat, multiplied by the
depreciation schedule, multiplied by the area of the street patch.
Degradation Fee: (cost per square yard for street overlay, and seal-coat x depreciation schedule rates)
x area of street patch = degradation fee.
UTILITY FEES
Sewer Utility Rates (to be considered by separate Ordinance, No. 11-13)
Water Meter Rental $400600.00 (Deposit) / $25 Per
Month Additional Accessories $25.00 Per Month
Utility Non-Payment Certification Fee $30.00
Underground Utility Permit $50.00
Meter Testing (Our Cost, Delivered To Minneapolis)
5/8” – 3/4" Meter Test $50100.00
1” Meter Test $65150.00
1-1/2” – 2” Meter Test
$10025
0.00
City Trunk Utility Connection Fees
The Trunk Utility Connection Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of hook-up, whichever is
first. Residential trunk charges are based on one unit per dwelling unit. Commercial/Industrial/Institutional
(CII) trunk charges are based on a factor of 2.92 units per acre.
Sanitary Sewer $1,5051,573.00 Per Unit
Water $2,1622,259.00 Per Unit
8
Availability Charge
For residential properties, the availability charge shall be paid at the time of subdivision approval or at the
time of hook-up, whichever is first. Commercial/Industrial/Institutional availability charges shall be paid
at the time of building permit. Fees are based on the number of sanitary access charge (SAC) units
assigned by Metropolitan Council Environmental Services (MCES). Residential uses shall be assigned one
unit per dwelling unit unless otherwise noted by MCES.
City Sewer (CSAC) $1,4081,471.00 Per SAC Unit
City Water (CWAC) $1,3601,421.00 Per SAC Unit
Lateral Service Connection Fees: If the lot or tract of land, or portion thereof, to be served by a lateral
connection has not been assessed for the cost of construction, then the applicant shall pay, upon hook-up, a
lateral connection in accordance with Resolution No. 02-149 (Bisel Amendment) based on the following
front foot charges:
Sanitary Sewer $42.0052.50 Per Front Foot
Watermain $39.5049.50 Per Front Foot
The Lateral Service Connection Fee shall be in addition to the City Trunk Utility Connection Fees.
Water Utility Rates (to be considered by separate Ordinance, No. 11-13)
Late Penalty: 10% of unpaid balance, assessed quarterly
Vacant Buildings: Owners of a commercial/industrial building(s) connected to City water and/or sewer
utilities that are vacant due to business closures or other reasons may apply to have the number of billed REU’s
reduced to one (1) REU for purposes of calculating utility fees effective from the date the building(s) were vacated
for as long as the building(s) remain unoccupied. When the building(s) again becomes occupied the owner must
inform the City of such occupation, at which time the number of REU’s will be determined and utility fees
assessed according to the current fee structure. (Ordinance No. 06-13, passed 8-26-13)
* REU = a residential equivalent connection:
1. Residential – a single housing unit
2. Non-Residential REU = per Met Council Service Availability Charge Procedures Manual
SURFACE WATER MGMT Land Use Type
I. II. III.
Single/Two Multi Family Commercial/Industrial/
Family Lots Lots Institutional Property
Fee Charge per Acre of Development $7,1736,865
$9,2359,646
Area
$10,22510,685
Fees are based on developable land in accordance with the policy provisions established in
Resolution No. 92-70. Credits may be earned for subwatershed trunk improvements.
CULVERT PRICES
All culvert prices are based on market prices and include tax & delivery and 15% administration fee
10
ESCROW
LAND USE FEE DEPOSIT
Alternative Urban Area-wide Review (I-35E AUAR) $269 per acre
To be charged at the time of land use approval for
projects within the I-35E Corridor AUAR area that require
preliminary plats; conditional use permits; site and building plans;
and planned unit developments. Once paid, the same land will not be
charged again.
Administrative Permit $67
(no fee for Transient Merchant if issued by City Clerk)
Application Fee (Required With Each Submittal) $200
Comprehensive Plan Amendment
40 Acres or Less $3,000
More Than 40 Acres $5,000
Conditional Use Permit
Residential $1,000
Commercial/Industrial/Institutional $5,000
Environmental Assessment Worksheet $10,000
Interim Use Permit $1,000
Ordinance Amendment
Map Amendment (Rezone)
40 Acres or Less $1,500
Over 40 Acres $5,000
Text Amendment $1,500
Planned Unit Development
General Concept Plan
$3,000
Development Stage Plan $10,000
Final Plan $5,000
Site Plan Review $5,000
Subdivision
Concept Plan Review
$1,500
Minor
SubdivisionPreliminary Plat
40 Acres or Less
$3,000
$5,000
Over 40 Acres $10,000
Final Plat $2,000
11
Tax Increment Financing or Tax Abatement $7,500
Vacation (Street, Utility, Drainage) $1,000
Variance or appeal $750
Zoning Confirmation Letter $30
*An escrow account shall be established as indicated above to cover all expenses incurred by the City as part of the
plan review. In the case of applications including multiple requests the highest escrow deposit amount will be the
only one initially required. The applicant is responsible for all costs incurred by the City during plan review. If the
escrow account drops below 10% of the original deposit amount the City will require the submittal of an additional
escrow deposit sufficient to cover any anticipated expenses. Upon City determination that the project is complete
or expired, the City will return the remaining escrow deposit to the applicant.
DEVELOPMENT FEES
GIS Mapping Fee $90.00 per lot
Park Dedication – Commercial / Industrial $2,400 per acre
Park Dedication - Residential $3,000 per unit
Street Sealcoating $0.345 36 per square foot
Tree Preservation Mitigation Fee $300.00 per tree
Street Lighting Operation Fee (New Development) $105 per light ($7/mo/light x 15 months)
ENGINEERING
Flood Plain
Elevation Certificate $200.00 Fee
Elevation Certificate Survey Add’l $1,000.00 Escrow Deposit
Digital Contour Mapping $800 per ½ Section Increment
STAFF TIME
Staff time for chargeable event/projects shall be charged as the employee’s hourly rate of pay plus benefits
plus calculated overhead costs (when applicable). Overtime will be charged at 1.5 times the calculated hourly rate.
LATE FEE
Late penalty fee: a late charge of 10% or $25.00, whichever is greater, will be charged for fees not paid when due.
Section 2. Effective Date of Ordinance. This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 26th day of November, 2018.
Jeff Reinert, Mayor
ATTEST: Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 18-168
APPROVING A SUMMARY OF ORDINANCE NO. 18-18
FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 18-18, Establishing the 2019 Fee
Schedule, for first reading on November 13, 2018 and second reading and final passage
on November 26, 2018; and
WHEREAS, Ordinance No. 18-18 is lengthy and MN statute 412.191 allows the city to
publish a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the
public of the intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full
printed copy of the ordinance is available at City Hall;
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The
City o f Lino Lakes, Minnesota:
That the City Council approves the summary in Attachment A for publication according
to state law and the City Charter.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member _____________ and was duly seconded by Council Member _____________
and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
ATTACHMENT A, RESOLUTION 18-168
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 18-18
AN ORDINANCE ADOPTING THE 2019 CITY OF LINO LAKES FEE
SCHEDULE; REPEALS ALL ORDINANCES, PARTS OF ORDINANCES AND
PREVIOUS FEE SCHEDULES THAT CONFLICT THEREWITH.
The City of Lino Lakes City Council does ordain the following:
Section 1. Findings. Pursuant to Minnesota Law, the Lino Lakes City Charter,
and the Lino Lakes City Code, and upon a review of a study conducted by City staff, a
fee schedule for City services and licensing is hereby adopted as follows:
2019 FEE SCHEDULE
A. Alcoholic Beverages;
B. Amusement and Commercial Recreation;
C. Business and Miscellaneous;
D. Park & Recreation User Fees;
E. Fire Regulations;
F. Police Fees;
G. Building – Construction Utilities;
H. Escrow Deposits;
I. Right -Of-Way Management;
J. Utility Fees;
K. Surface Water Management;
L. Culvert Prices;
M. Land Use;
N. Development Fees;
O. Engineering;
P. Staff Time;
Q. Late Fee
Section 2. Effective Date of Ordinance. This ordinance shall be effective 30
days after its publication.
Passed by the Lino Lakes City Council on November 26, 2018.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is
available at City Hall.
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: November 26, 2018
TOPIC: 2nd Reading of Ordinance No. 17-18, Adjusting Council Salaries
*Council may vote to dispense with the full reading of the ordinance
*A roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 2nd Reading of Ordinance No. 17-18, adjust ing
the salaries of the mayor and councilmembers.
BACKGROUND
During the September 4th work session, staff recommended the City Council adopt an
ordinance that would adjust Council salaries. A recent salary survey of comparable cities
showed that the Lino Lakes City Council was well below the average given that the mayor and
councilmembers last received a raise in 2010.
Staff presented an updated survey at the October 1st work session that included compensation
for work sessions and special meetings. When the Council’s current meeting stipend is
included in the survey, the compensation gap is still less than other cities.
To be more consistent with what other cities are doing, the Council determined that the $40
meeting stipend should be eliminated. Instead, the Council proposed an annual salary of
$10,112 for the mayor and $8,500 for councilmembers. This is consistent with total wage
adjustments for City employees from 2011-2019.
The proposed ordinance would become effective January 1, 2020, and would be reviewed
every two years.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 17-18, adjust ing the
salaries of the mayor and councilmembers.
ATTACHMENTS
Ordinance No. 17-18
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 17-18
AMENDING CHAPTER 203 OF THE LINO LAKES CITY CODE
BY ADJUSTING THE SALARIES OF THE MAYOR AND COUNCILMEMBERS
The City Council of Lino Lakes ordains:
Section 1. That Chapter 203 of the Lino Lakes Code of Ordinances be
amended to read as follows:
CHAPTER 203: COUNCIL COMPENSATION
§ 203.01 COMPENSATION OF MAYOR AND COUNCILMEMBERS.
(1) Salaries. The compensation of the Mayor and the compensation of each
Councilmember shall be established by City Council ordinance pursuant to M.S. §
415.11, as it may be amended from time to time. Effective January 1, 2020, the salary of
the Mayor shall be $10,112.00, and the salary of each Councilmember shall be $8,500.00.
Thereafter, every two years the City Council will consider whether a salary adjustment is
warranted. This salary is intended to cover all meetings that may be attended by the
Mayor or Councilmembers except as expressly provided in this Section.
(2) Payment. The salaries established hereby are to be paid monthly.
(3) Additional Council Compensation. Whenever extra meetings are called and
attendance is required by all members of the City Council over and above the two
regularly scheduled meetings, members will be compensated for a maximum of four
extra meetings per month at a per meeting rate established in the Council member salary
ordinance. Council members will be required to attend at least 50% of each meeting for
compensation. Members must sign a voucher proving their attendance for
reimbursement.
(3) Economic Development Authority (EDA) Meetings. The City Council will be
compensated for attendance at EDA meetings at the rate of $40.00 per meeting.
§ 203.02 WORKER'S COMPENSATION.
Pursuant to M.S. § 176.011, Subd. 5, as it may be amended from time to time, all
of the City Council members shall be covered by worker's compensation.
Section 2. Effective Date. This Ordinance shall be effective January 1, 2020.
Adopted by the Lino Lakes City Council this 26th day of November 2018.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember_____________and was duly seconded by Councilmember ___________
and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3B
STAFF ORIGINATOR: Jeff Karlson, City Administrator
MEETING DATE: November 26, 2018
TOPIC: 2nd Reading of Ordinance No. 08-18, Amending Chapter 203
*Council may vote to dispense with the full reading of the ordinance
*A roll call vote is required for adoption of the ordinance
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider the 2nd Reading of Ordinance No. 08-18,
Amending Chapter 203 of the Lino Lakes Code of Ordinances regarding Council
compensation.
BACKGROUND
The current ordinance states councilmembers must sign a voucher proving their attendance in
order to be compensated for special meetings. After adoption of this ordinance, meeting
minutes will serve as proof of attendance at work sessions and special meetings. This
amendment will only be in effect until January 1, 2020, when the special meeting pay stipend is
eliminated in accordance with Ordinance No. 17-18.
RECOMMENDATION
Approve 2nd Reading of Ordinance No. 08-18, amending Chapter 203 of the Lino Lakes Code
of Ordinances.
ATTACHMENTS
Ordinance No. 08-18
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 08-18
AMENDING CHAPTER 203 OF THE LINO LAKES CITY CODE
The City Council of Lino Lakes ordains:
Section 1. That Chapter 203 of the Lino Lakes Code of Ordinances be
amended to read as follows:
CHAPTER 203: COUNCIL COMPENSATION
§ 203.01 COMPENSATION OF MAYOR AND COUNCILMEMBERS.
(1) The compensation of the Mayor and the compensation of each
Councilmember shall be established from time to time by City Council ordinance
pursuant to M.S. § 415.11, as it may be amended from time to time.
(2) Payment. The salaries established hereby are to be paid monthly.
(3) Additional Council Compensation. Whenever extra meetings are called and
attendance is required by all members of the City Council over and above the two
regularly scheduled meetings, members will be compensated for a maximum of four
extra meetings per month at a per meeting rate established in the Council member salary
ordinance. Council members will be required to attend at least 50% of each meeting for
compensation. Members must sign a voucher proving their attendance for
reimbursement. The Council minutes will provide proof of attendance at work sessions
and special meetings.
§ 203.02 WORKER'S COMPENSATION.
Pursuant to M.S. § 176.011, Subd. 5, as it may be amended from time to time, all
of the City Council members shall be covered by worker's compensation.
Adopted by the Lino Lakes City Council this 26th day of November 2018.
Section 2. This ordinance shall be effective until January 1, 2020, when the
special meeting pay stipend is eliminated in accordance with Ordinance No. 17-18.
The motion for the adoption of the foregoing ordinance was introduced by
Councilmember____________ and was duly seconded by Councilmember ___________
and upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
AGENDA ITEM 3C
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy Clerk
MEETING DATE: November 26, 2018
TOPIC Consider Resolution 18-164, Approving
On-Sale Wine and 3.2 Beer License
for Chili Thai Cuisine
VOTE REQUIRED: 3/5
INTRODUCTION
Chili Thai Cuisine is an established restaurant located at 717 Apollo Drive, Suite 140. The
restaurant owners are: Mu Win, Lee Ah Lay Mar and Pa Pra. They have applied for a license to
serve wine and strong beer.
BACKGROUND
The owners currently do not have a liquor license at their location. The previous tenant Tasty
Asia held the same licenses that Chili Thai Cuisine is applying for.
The application submitted to the City is complete, the related fees have been paid and insurance
information has been provided to the City as required. In addition, the Lino Lakes Public Safety
Department has conducted the required background investigation on the applicant .
In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to Liquor
Licensing, this application requires approval by the City Council. The code also requires that
opportunity shall be given to any person to be heard for or against the granting of the license.
The council may then, in its discretion, grant or refuse the applicatio n.
If local approval is granted, the application for a wine license will be forwarded to the Minnesota
Alcohol & Gambling Enforcement Division for review. The State of Minnesota is the licensing
authority for wine and liquor licenses; the city can grant the beer license.
The applicant is aware that approval is subject to all the provisions, approvals, conditions and
waiting periods of the laws of the city, state and federal government.
RECOMMENDATION
Staff recommends the approval of the On-Sale Wine and 3.2 Beer License with no Sunday Sales
for Chili Thai Cuisine.
ATTACHMENTS
Resolution No . 18-164
CITY OF LINO LAKES
RESOLUTION NO. 18-164
APPROVING ISSUANCE OF NEW ON-SALE WINE AND BEER LICENSE
FOR CHILI THAI CUISINE
WHEREAS, the city has received an application for a wine and 3.2 beer license from
Mu Win, Lee Ah Lay Mar and Pa Pra, owners of Chili Thai Cusine, located at 717
Apollo Drive, Suite 140; and
WHEREAS, the Public Safety Department of the City of Lino Lakes has conducted an
investigation of the applicants, and;
WHEREAS, the applicant has provided proof of insurance as required and paid the
necessary fees;
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino
Lakes hereby approves a new on-sale wine and beer license for Chili Thai Cusine to all
the fees, provisions and conditions of the laws of the city, state and federal government
and the applicant will comply with all said laws.
Adopted by the Lino Lakes City Council this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member
_____________and was duly seconded by Council Member ________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
______________________________
Jeff Reinert, Mayor
ATTEST:
______________________________________
Julianne Bartell, City Clerk
1
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: November 26, 2018
TOPIC: Watermark
i. Consider Resolution No. 18-143 Approving PUD Final
Plan/Final Plat
ii. Consider Resolution No. 18-144 Approving Master
Development Agreement
iii. Consider Resolution No. 18-145 Approving Development
Agreement and Planned Unit Development Agreement for
Watermark
VOTE REQUIRED: 3/5
INTRODUCTION
At the November 13, 2018 City Council meeting, staff reviewed the PUD Final Plans and Final
Plat. The Council motioned to continue the item to tonight’s meeting to further review the
Master Development Agreement and Watermark Development Agreement.
Watermark is a master planned residential community located in the northwest quadrant of I-
35E and CSAH 14/Main Street. It contains 12 parcels totaling approximately 372 gross acres
and consists of a residential mix of 692 single family lots and 172 townhome units totaling 864
housing units. Lennar submitted a Land Use Application for Watermark 1st Addition PUD
Final Plan/Final Plat. The 1st Addition proposes 93 townhome units and 100 single family lots
for a total of 193 housing units.
Previous Council approvals include:
• June 13, 2016: Resolution No. 16-51 approving PUD Development Stage
Plan/Preliminary Plat
• October 9, 2017: Resolution No. 17-95 approving amendment #1 to Land Use Plan
• December 11, 2017: Resolution No. 16-133 approving amendment #2 to Architectural
Design Standards
• June 11, 2018: Resolution No. 18-69 approving Grading and Trunk Utility Agreement
The following staff report is based on the following information received by the City on
November 9, 2018:
• Watermark Grading, Development & Erosion Control Plan, Sheets 1-24 prepared by
Carlson McCain revision date November 8, 2018
2
• Watermark Sanitary Sewer, Watermain, Storm Sewer and Street Construction Plans,
Sheets 1-45 prepared by Carlson McCain revision dated November 8, 2018
• Watermark 1st Addition Overall Irrigation Plan, Sheets i1-6, prepared by Carlson
McCain revision date November 8, 2018
• Watermark 1st Addition Site Landscape Plan, Sheets L1-6, prepared by Carlson McCain
revision date November 8, 2018
• Watermark Final Plat containing 7 sheets, prepared by Carlson McCain received
November 9, 2018
BACKGROUND
PUD Development Stage Plan/Preliminary Plat
The PUD Development Stage Plan approved by Resolution No. 16-51 establishes Watermark’s
overall land use plan, street and utility layout, parks and open space plan, architectural design
standards, landscaping and lot development standards. These standards are summarized in the
PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement.
Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the
PUD Development Stage Plan.
In October 2017, Council approved an amendment to the PUD Development Stage Plan’s
overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has
worked through final plan design to address City and RCWD comments from the preliminary
plat, the number of 55’ wide Villas was reduced from 127 units to 120 units. The net number
of housing units is now 864.
The density reduced from 3.40 units per acre to 3.39 units per acre. This density remains
consistent with the comprehensive plan’s required 3.0 to 4.5 units per acre.
October
2017
October
2018
Gross Area (acres) 372.24 372.24
Wetlands & Water Bodies 45.21 45.09
Public Parks & Open Space 64.43 66.25
Arterial ROW 5.46 5.46
Other (Undevelopable) 0.68 0.62
Net Area (acres) 256.46 254.82
# of Housing Units 871 864
Gross Density (units/acre) 2.34 2.32
Net Density (units/acre) 3.40 3.39
Grading and Trunk Utility Improvements
Lennar commenced grading and trunk utility improvements in September 2018. Phase I
grading limits incorporate approximately 150 acres (south 1/3 of the development). The 1st
Addition “developed lot” area is approximately 100 acres.
3
PUD Final Plan
Watermark 1st Addition proposes to construct 93 townhome units and 100 single family lots for
a total of 193 housing units. The PUD Final Plan is consistent with the PUD Development
Stage Plan in regards to the land use plan, street and utilities, parks and open space, lot
standards and landscaping. Required revisions to the PUD Development Stage Plan have been
submitted and approved.
The following housing types and products proposed for the 1st Addition are consistent with the
Land Use Plan.
Housing Type Lot Width Housing Product # Units
Single Family 65’ Landmark & Discovery 70
Single Family 55’-60’ Discovery 30
Townhomes 32’-42’ Colonial Patriot (row) 69
Townhomes 32’-45’ Colonial Manor (back-back) 24
TOTAL 193
Architectural Standards
Resolution No. 17-133 details required architectural design standards for the Watermark
development. As required, a summary booklet titled Watermark 1st Addition Home Plans was
submitted as part of the PUD Final Plan. The booklet includes an Architectural Standards
Matrix detailing compliance of each housing product with Resolution No. 16-133 in regards to
exterior materials and styles, house elevations and garage and porch requirements. Per the
matrix, there are 25 different single family house plans with a combination of over 90 different
elevations and floor plans proposed for the 1st Addition. Color packages and anti-monotony
plans will be submitted with building permit to ensure that the homes elevations are varied with
a minimum of five different styles and those homes in proximity to each other not look alike in
terms of the combination of color of siding, accent and roofing materials. Coventry by Alside
vinyl siding with .042” panel thickness is proposed on all the housing units. As required,
engineered hardboard product will be used for the trim on the townhomes.
One specific requirement of the resolution was the side elevations of the four (4) townhome
buildings facing 21st Avenue North shall be unique since they face a major roadway in the
development. The proposed elevations include brick, lap siding and board and batten. They
also include a 6 foot deep porch with decorative columns.
In summary, the housing types and products meet the architectural design standards
requirements of Resolution No. 17-133.
Landscaping
4
The Watermark 1st Addition Site Landscape Plan details landscaping, fencing, berms, entrance
monuments, tot lot, protected open space signs and townhome unit landscaping. The Plan is
consistent with the PUD Development Stage Landscaping Plan.
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The Watermark 1st Addition final plat has been reviewed for compliance with the
comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the
performance standards of the subdivision and zoning ordinance and is consistent with
preliminary plat.
Blocks and Lots
The final plat creates 194 lots and 14 outlots. One (1) lot is the common area surrounding the
townhome neighborhood. The remaining 193 lots are housing units (100 single family and 93
townhome). The following chart summarizes the intended purpose of the outlots:
Outlot Purpose
A Future development
B Future development
C Future development
D Future development
E Future development
F Future development
G Stormwater pond
H Future development
(TH-townhome)
I Private Park (TH)
J Stormwater pond
K Private Park
(Discovery)
L Future development
M Stormwater pond
N Stormwater pond
The Master Development Agreement details the timing of the platting and deeding of these
outlots.
5
Easements
Standard drainage and utility easements are being dedicated on individual lots and outlots
containing stormwater ponds.
An Open Space Easement is being drafted per the terms of the Master Development
Agreement. This easement will be dedicated over outlots containing wetlands, open space,
stormwater ponds, berms etc. Sheet L6 of the Watermark 1st Addition Site Landscape Plan
details the location of required “Protected Open Space Area” signs.
A Conservation Easement and Declaration establishing wetland buffer (both favor of RCWD)
have been recorded over Wetland 17 as required by RCWD.
Street and Utilities
The 1st Addition proposes construction of the following streets which are consistent with the
PUD Development Stage Plan:
Street Name Right-of-Way Width Street Width
(Back to Back)
21st Avenue North 80 feet 38 feet
48 feet (median)
Watermark Drive 60 feet 32 feet
Harriet Lane 60 feet 28 feet
Geneva Court 60 feet 28 feet
Crane Drive 100 feet
60 feet
48 feet
32 feet
Diamond Lane 60 feet 28 feet
Balsam Way 60 feet 32 feet
Private Road
(Townhomes)
Ada Drive NA 28 feet
Bay Drive NA 28 feet
Cass Drive NA 28 feet
Dora Drive NA 28 feet
Fall Drive NA 28 feet
Gull Drive NA 28 feet
The private roads (townhomes) will be owned and maintained by the homeowners association
(HOA). Per City details, the public street signs will be white letters on green background and
private street signs will be white letters on brown background. The Sheets 38-40 of the
6
Watermark 1st Addition Street Construction Plans include “Road will be Extended in the
Future” signs and locations.
Watermain, sanitary sewer main, stormwater facilities, sidewalks and trails are being
constructed consistent with the PUD Development Stage Plan.
Public Land Dedication and Fees
As approved with Resolution No. 16-51, the City will require the following combination of
land dedication and cash is lieu of land dedications:
1. Land dedication for the public and private parks will be credited from the total payment
in lieu.
2. Costs for public park improvements and trail construction will be credited from the total
payment in lieu.
3. Improvements to the private parks and recreational center will not be credited from the
total payment in lieu.
The 1st Addition will dedicate to the HOA for ownership and maintenance the private park in
the townhome neighborhood and the private park in the Discovery home neighborhood. The
tot lot in the townhome neighborhood shall be constructed with the 1st Addition. The private
park in the Discovery neighborhood is an open space area and will not be developed.
Trail will be installed along 21st Avenue North from the south boundary to 20th Avenue and
then north along 20th Avenue approximately 560 feet. Trail will also be installed along the
northern edge of the townhome neighborhood.
The Master Development Agreement (MDA) further details the timing and value method for
land dedication and as well as cash payments. The Developer shall pay a cash fee in lieu of
park dedication at the time of subdivision approval of each phase. The present fee in lieu of
park dedication is $3,000.00 per residential unit. Trail construction costs will be credited. Upon
conveyance of title for the Public Park, Developer shall be credited park dedication fees in an
amount equal to the fair market value of the unplatted land. The Public Park shall be deeded in
fee to the City at the time of the final plat for the first phase of the Development. The deed shall
be placed in escrow and released to the City at a future date as specified in the MDA.
Watermark 1st Addition
Total # Units = 193
x Park Dedication Fee $3,000
= Cash in Lieu Value $579,000
(Trail Construction Costs) = ($56,560)
TOTAL CASH FEE DUE = $522,440
7
Wetlands
Wetland delineations were approved by RCWD and USACE in 2015. The delineation
identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA
Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and
upland buffer establishment. In April 2018, the developer revised the application to purchase
3.3671 acres of wetland banking credits as the proposed compensatory mitigation action.
The 3.3671 acres of wetland fill, impacts and mitigation (wetland bank credits) occur with the
Phase I grading limits. As previously noted, a Conservation Easement and Declaration
establishing wetland buffer (both favor of RCWD) have been recorded over Wetland 17.
“Protected Open Space Area” signs are located along the wetland buffer. When the lots
abutting this buffer are graded in the future, these signs will be located along the rear lots lines.
The establishment of the greenway corridor including wetlands, trails and open space on the
north end of the Watermark development is a critical component of the project and will be
developed in future phases. The Master Development Agreement details the timing,
establishment and management of that corridor.
Development Agreement
Master Development Agreement
Unique to the Watermark development is the requirement of a Master Development
Agreement. This Agreement covers the entire 372 acre site and Lennar, Mattamy Homes and
the City of Lino Lakes are parties to it. The Agreement details the terms and conditions of City
approvals, the Development Plans, the required public and private improvements as part of the
first and subsequent phase, the standards for the timing and financing of the improvements,
required HOA documents and the terms of payment.
The City Attorney, city staff, Lennar, and Mattamy Homes have negotiated the terms of the
Master Development Agreement. The Agreement shall be approved by City Council.
Development Agreement and Planned Unit Development Agreement
The City will also require our standard Development Agreement specific to each phase of
development. This agreement further details required improvements and securities. The City
Engineer has drafted this Agreement and it shall be approved by the City Council.
Title Commitment
The City Attorney has received the title commitment and final plat and will provide comments
prior to final plat approval.
Stormwater Maintenance Agreement
A Declaration for Maintenance of Stormwater Facilities for Ponds 100, 200, 300 and 20 was
recorded on September 10, 2018. This agreement will eventually be replaced by the City’s and
8
RCWD Programmatic Stormwater Management Facility Maintenance Agreement and the City
will be responsible for maintenance of theses public facilities.
The stormwater facilities in the townhome neighborhood will be privately maintained by the
HOA. A Declaration for Maintenance of Stormwater Facilities shall be recorded by Lennar.
Findings of Fact
The Findings of Fact for the PUD Final Plat/Final Plat are detailed in Resolution No. 18-143.
RECOMMENDATION
The Planning & Zoning Board reviewed the PUD Final Plan/Final Plat on October 10, 2018.
The Board recommended approval of the PUD Final Plan/Final Plat with a 6-0 vote.
Staff presented the PUD Final Plan and Final Plat to Council on November 13, 2018. Council
then continued this agenda item to the November 26, 2018 Council meeting.
.ATTACHMENTS
1. City Engineer Letter dated November 19, 2018
2. Environmental Coordinator dated November 19, 2018
3. Resolution No. 18-143
4. PUD Final Plan-(Townhome Elevations, Landscaping, Berms, Monument Signs,
Clubhouse Concept)
5. Final Plat Sheet 2
6. Resolution No. 18-144
7. Master Development Agreement
8. Resolution No. 18-145
9. Development Agreement and Planned Unit Development Agreement
S:\Community Development\Projects\Planning Cases\Watermark\1st Addition PUD Final Plan-Final
Plat\Engineering\20181119 Engineering Review\1. 20181119 Engineering Review Memo - Watermark 1st Addition.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM Memorandum
To: Katie Larsen, City Planner, City of Lino Lakes
From: Dane Ekdom, EIT, WSB & Associates
Diane Hankee, City Engineer, City of Lino Lakes
Date: November 19, 2018
Re: Watermark 1st Addition
Final Plat Review Submittal 11/09/18
12443-000
As requested by City Staff, WSB and Associates, Inc. has review the revised Final Plat for Watermark 1st
Addition in Lino Lakes, MN prepared by Carlson McCain received on November 9, 2018. The following
documents were reviewed:
Watermark 1st Addition Utility & Street Construction Plans prepared by Carlson McCain dated
November 8, 2018.
Watermark Phase 1 Grading, Development & Erosion Control Plan revision date November 8,
2018.
Watermark 1st Addition Final Plat received November 9, 2018.
Watermark Irrigation plans dated November 8, 2018.
Watermark 1st Addition Landscape Plan dated November 8, 2018.
The following are our review comments that should be responded to in writing by the applicant. Applicant
responses to comments are in red. Additional engineering review comments below are blue.
Engineering
General
The 1st Addition of the Watermark Development is located on the south side of the development,
connecting to 21st Avenue North to the south and 20th Avenue North (CSAH 54) to the west. The 1st
Addition would consist of 100 single-family homes as well as 93 townhomes including associated
infrastructure.
Comments:
1. The applicant shall adjust 1st Addition Boundaries to include Outlot J. Storm sewer
is proposed to discharge to this outlot and grading will be completed prior to storm
sewer installation.
Outlot J added to 1st addition outline.
Grading, Erosion and Sediment Control
The Watermark Development proposes mass grading in multiple phases of the development.
Phase 1 of the mass grading includes the 1st Addition, a portion of the proposed lake on site, as
well the remaining townhomes and adjacent lots to the southwest and north sides of the 1st
Addition. Below are the comments for the Phase 1 Grading, Development & Erosion Control Plan.
Comments:
1. Open space buffer signs MUST be surveyed and locations shall be shown with final
grading as-built. The applicant shall note, grading as-built must be approved prior to
release of any building permits.
Ms. Katie Larsen
11/19/18
Page 2
Watermark 1st Addition Engineering Review
Noted. Buffer signs will be shot and shown on grading as-built.
2. The applicant shall label bench for Pond 100
Labels added.
3. The applicant shall show silt fence around entire perimeter of ponds (until street &
utility construction is complete).
Silt fence revised.
4. SWPPP Plan to be reviewed by the City’s Environmental Coordinator and not included
here within.
Noted.
5. The applicant shall install an outlet control structure at the temporary pond prior to
outletting to Lake 20.
Per discussion, perforated riser added to temp. sediment basin. See sheet GE2.
Stormwater Management
The stormwater management for the Watermark 1st Addition development includes a storm sewer
conveyance system to Pond 100, Pond 200, and Pond 300 for treatment and storage, with an
eventual outlet to Lake 20.
Comments:
1. The applicant shall provide storm sewer calculations for all of proposed piped systems.
Storm Sewer spreadsheet attached.
Engineering staff is still reviewing the storm sewer spreadsheet & calcs at this time.
2. The applicant shall clarify NWL for Pond 100. Detail OCS 100A shows Pond NWL at 901
and orifice at 900.2, plan shows NWL at 900.2. Additionally, show location of OCS100A on
Storm Sewer plan.
Phase 1 Grading Pond 100 NWL set at 900.2. Ultimate NWL to be set at 901.0 and
temporary structures removed. All Interim pond data updated on final grading as well as
final street & utility plans (in Italics). See updated sheet 18 and 44 for OCS 100A. OCS
was mislabeled in details on sheet 44.
3. The applicant shall provide profile and detail for OCS between Pond 20 & Lake 20. OCS
is shown on the Storm Sewer Sheet Index, but not on a detailed plan sheet.
OCS added to plan and profile sheets.
4. The applicant shall label bench for Pond 300.
Bench labels added on grading plans at all ponds.
5. The applicant shall note that CB’s installed adjacent to ped ramps shall allow enough
space for ADA curb transitions.
Reviewed structures and revised location of CBMH 270 & 271.
6. The applicant shall limit storm sewer crossings underneath sidewalk when feasible.
Per discussion with city, storm sewer to remain in order to avoid structures in wheel path. 3
locations in phase 1 will be underneath ped ramps.
7. The applicant shall add a CB on Crane Drive, approx. Sta. 0+50, 20’ LT.
CB 359 added.
8. The applicant shall add a CB on Cass Drive, approx. Sta. 0+50, 15’ LT.
Per discussion, CB on 21st ave. has the capacity to pick up Cass Drive intersection. A 3%
grade is shown along radius from Cass Drive to 21st Ave. See sheet 28.
9. The applicant shall provide narrative regarding re-use system, connections to City supply
(if necessary), specific areas watered by re-use system, irrigation used for wetland buffer
establishment (if applicable), and why the irrigation area appears to be slightly greater
than what was analyzed for the feasibility report. Option 2 from that report included the
berm, townhomes, and park. This plan includes additional area from streetscaping.
The re-use system will be the primary source for water in the irrigation system. The
secondary city water connection should only be needed if there is an issue with the
primary pump system. The connection to the city water supply shall include a “Double
check backflow device” that will make certain that the potable water supply is not
hampered with.
Ms. Katie Larsen
11/19/18
Page 3
Watermark 1st Addition Engineering Review
The applicant shall check with City maintenance staff for recommendations/requirements
specifications for this device.
10. The applicant shall address how the taller native grasses shall be watered by the
irrigation system.
The irrigation system in the outlots is intended to establish the native seed mix. Once
the native seed mix is established with 1’-3’ root systems, the native seeds will not rely
solely on the irrigation system. The irrigation system also will be placed in the “No
Mow” seed mix which grows to a height of under 8”.
The applicant shall clarify the following:
a. After the root systems have been established for the native seed mixes, will the
irrigation system still be used in these areas? Or will it be abandoned after the seed
mixes are “established”?
b. Will there be any irrigation lines that will not be in use/abandoned after seeding is
established (entire site)?
11. Based on the watering schedule on Sheet P13, The average rate of the system is higher
than the rate proposed in the feasibility report. This will increase the storage volume by 2
MG and change the water level drop to 5 ft versus 4 ft as discussed previously. Since the
system is proposed to be expanded in the future, this water level drop will only further
increase. The applicant shall provide further analysis and explanation into the storage
volumes and watering area for this irrigation line.
Feasibility report has been received. We will provide updated irrigation system information
pertaining to the storage volumes and watering areas for these irrigation lines. This will not
affect 1st addition utilities.
12. The applicant shall provide further detail on the pump station shown on sheet P12. It is
likely that this source will need disinfection. Does the current pump station include a plan
for a filter system or disinfection?
Please see “Critical Analysis” on sheet i4 for additional information. The source will not
require disinfection as the water is deemed non-potable water. The grass is able to uptake
the nutrients in the water from the pond better than city water that contains chlorine and
fluoride.
The applicant shall clarify the following: will there be signs noting the non-potable water
use?
13. Fountain shop drawings were reviewed and approved by Public Works Superintendent.
Noted.
Water Supply
As part of the City’s Comprehensive Plan, 16-inch diameter trunk watermain would be extended
north/south, extending from a stub at 21st Avenue, along Street A and north along Street O. A 12-
inch watermain loop would serve the townhome area on the southeast side of the development, and
8- inch watermain would serve the remaining lots. 1-inch Type K copper services would be extended
to each lot.
Comments:
1. The applicant shall space all fire hydrants at a maximum distance of 400 feet.
Per discussion with city, hydrants have been reviewed and set at approximately 400 feet.
2. The applicant shall supply details regarding the interconnect with the City of Centerville.
Approval shall be required from both the City of Lino Lakes and the City of Centerville. A
Joint Powers Agreement with the City of Centerville is required and being drafted.
Per discussion with Centerville, Interconnect moved as is shown on sheet 7.
Please revise the water meter detail with attached detail.
Sanitary Sewer
The City’s Comprehensive Plan requires 18-inch diameter trunk main be extended north/south in
this area to serve future developments to the north. There is an existing 18-inch diameter trunk
sanitary sewer located on 21st Avenue along the south side of the Watermark development. This
Ms. Katie Larsen
11/19/18
Page 4
Watermark 1st Addition Engineering Review
18-inch diameter trunk sewer would be extended through Street A, and then along the west side of
the development. The remainder of the first addition of the development would be served by
extending 8- inch poly-vinyl chloride (PVC) pipe along with 4-inch diameter Schedule 40 PVC
service pipe to each lot.
Comments:
1. No comments.
Transportation
A Traffic Study Report was prepared by Spack and reviewed with the Watermark Preliminary
Plat. The following comments address the 1st Addition street construction plan sheets as well as
the 1st Addition Turn Lane Plans.
Comments:
1. The applicant shall submit turn lane plans to Anoka County for approval. Please update the
City once the plans are approved.
Plans have been submitted to the county and are under review.
2. The applicant shall verify that townhome parking will contain any necessary ADA parking spaces.
ADA will not be required as discussed.
3. The applicant shall address the following flagging/traffic control items:
a. Will the roadway be opened back up to 2 lanes at night?
Comments to be addressed with county review. As proposed, roadway will be opened to
two-way traffic when no flaggers are present.
b. Will there be nighttime traffic control, shoulder closure, etc.?
Comments to be addressed with county review. All necessary signage and traffic control
(no shoulder, uneven lanes, etc) will be used in interim conditions.
4. Applicant shall adjust median on Crane Drive to have concrete approach nose, and provide
a detail.
Approach noses added. See sheets 35 & 44.
5. The applicant shall add a pedestrian curb ramp on Bay Drive, on the trail towards Outlot H.
Pedestrian ramp added. See sheet 30.
6. The applicant shall provide street lighting plan.
Lighting plan added to “Signing, Striping & Lighting Plan”
7. The applicant shall show striping along 21st Avenue in the signing and striping plan (double
yellow on centerline and white fog lines 11’ from center).
Striping added along 21st Avenue. Per discussion fog lines removed.
8. The applicant shall tie-in existing striping to 21st Avenue to the south (show on striping plan).
No fog line to south. Tying in centerline only.
9. That applicant shall show a left turn lane and right/thru arrow on 21st Avenue at the intersection
of CSAH 54 as previously discussed.
Per discussion, the extra lane will be omitted. Turn lane to possibly be added in the future by
city based on traffic needs.
10. The applicant shall show crosswalk striping across 21st Avenue at the intersection with
20th Avenue.
Crosswalk striping added.
11. The applicant shall add a note to the detail for street name signs (includes Lino Lakes City
logo), to be purchased from EF Anderson.
Note added.
Wetlands and Mitigation Plan
Comments:
Landscaping
Ms. Katie Larsen
11/19/18
Page 5
Watermark 1st Addition Engineering Review
1. The applicant shall show the correct right-of-way and property lines on the landscaping plans
(existing landscape plans do not show sight clearances at intersection of 20th Ave and 21st
Ave).
Noted and shown on L2 & L3.
2. The applicant shall adjust tree locations on 21st Avenue so that trees are outside of
sight clearances (sight triangle) at intersections with adjacent streets.
Please see Sheet L2 for revised location.
3. The applicant shall move the trees located in the median on 21st Avenue (adjacent to
intersection of 20th Avenue) out the sight clearances.
Please see Sheet L2 for revised location.
4. The applicant shall show a legend for the conservations signs on the landscaping plans.
Please see Sheet L6 for locations and detail of sign.
5. The applicant shall note that final restoration shall be in place prior to release of building permits.
Please see Sheet L4 in “City of Lino Lakes Specifications”
Geotechnical
No comments at this time.
Floodplain
The Watermark Development proposed fill of, and changes to, the effective FEMA
floodplain boundaries with future additions of the development.
1. The applicant shall submit CLOMR application to FEMA (CC City) prior to 1st Addition Final
Plat approval. An approved CLOMR will be required prior to final plat approval for the 2nd
Addition.
CLOMR is in progress. CLOMR needed all of the modeling information from the city of Lino
Lakes to complete, which was received in October, 2018.
2. The applicant is required to have a LOMR prior to the construction of any lots adjacent to the
lake or lots impacted within the existing floodplain.
Comment noted. LOMR will be completed prior to any construction in the existing floodplain.
Based on the phasing and timing of development and the construction of the new outlet to Lake
Peltier, delaying construction of homes on the lake until the LOMR is completed is not feasible.
Drainage and Utility Easements
Generally, roadways are proposed within Right-of-way and lots include standard drainage and
utility easements. The applicant shall provide adequate drainage and utility easements over to
accommodate surface water management per Lino Lakes rules.
Comments:
1. All storm sewer greater than 10 feet depth should have a drainage and utility easement that is 2
times the depth of the storm sewer. The storm sewer segments between CBMH101 to Pond 100
appear to not meet this standard. The applicant should provide a storm sewer calculation
spreadsheet that could be used for confirming drainage and utility easements are adequate for
all storm sewer that is deeper than 10 feet.
CBMH101-fes P100 (page 23) has a depth of 13’ at front of houses with a 20’ easement, per
discussion, a structure can be added between lots 12 & 13 near the pond to shallow up this
section, or can be left as is knowing that houses on either side will have full depth foundations.
Currently left as is, please advise if depth needs to be less. From 372-371-370-fes pipe depths
are at 15’. A 30’ easement is provided. 325-324 has a depth of 14’ and a 30’ easement is
provided
Public Works staff has reviewed the easements and are okay with leaving this area as is.
Development Agreement
Ms. Katie Larsen
11/19/18
Page 6
Watermark 1st Addition Engineering Review
A development agreement will be required with the final plat.
Noted.
Grading Agreement
A Grading and Trunk Utility agreement was completed for Phase 1 of the Grading, Development
& Erosion Control.
Noted.
Stormwater Maintenance Agreement
The stormwater maintenance for public facilities will be covered under the City’s Programmatic
Stormwater Management Agreement including storm sewer systems, Ponds 100, 200, 300 and 20. A
stormwater declaration will be required for the private facilities in the Townhome area.
Permits Required
1. NPDES General Construction Permit
Received. Attached.
2. City of Lino Lakes Zoning Permit for construction
In process.
3. Minnesota Pollution Control Agency Sanitary Sewer Extension Permit Received
4. Minnesota Department of Health Received
5. Anoka County Permit for Work Within Right-of-Way
In process.
6. Rice Creek Watershed Permit for Erosion and Sediment Control
Received.
7. Proof of CLOMR submission (as previously noted)
In progress.
8. Army Corp of Engineers Permit Received
If you or the applicant have any questions regarding these comments, please contact Diane Hankee at
(651) 982-2430 or diane.hankee@ci.lino-lakes.mn.us. You may also contact Dane Ekdom at (763) 762-
2815 or dekdom@wsbeng.com.
Memo
To: Katie Larsen
From: Marty Asleson
Date: November 19, 2018
Re: Final Plat Watermark Comments
• Comments from Carlson McCain 10/26/18
• Additional EB Staff Comments 11/14/18
Last issues concerning landscape issues for the final plat of Watermark:
• Landscape needs to be shown on all boulevards. Boulevards need to be irrigated
sod. Show irrigation and sod on the plan sheets.
• All sod is irrigated in the boulevards of primary roads, this will be part of
the HOA’s responsibility. Secondary roads shall be irrigated and
maintained by the homeowner.
• Define the private park use on Balsam Way. If this is going to be an active park, then
it should be irrigated sod. If it is just open space, than it should be no mow fescue.
Must be irrigated in either case.
• The park has been defined as a passive park (Greenspace.) The park
shall be sodded and irrigated per the HOA’s responsibility.
• Areas on the back sides of lots along 21st Ave. north should be changed to sod
abutting the lots to the side walk. This would be for lots 46, 47, 48, 49, and lots 1-9.
• Properties adjacent to 21st Ave N and Crane Drive have had the 20’ strip
of native seed converted to sod. This will create a cleaner space for the
homeowner to maintain.
• All Planting Notes, item 27 should have the “Grading Index”, page 2 of 24 Topsoil
Requirements (For Builder) added to it.
• All Boulevard areas scheduled for sod should have the same requirement as
above (Blue Bullitt Item above this bullet).
• Item Number 28 in Planting-notes needs to be defined better. Please define
“engineered soils”, and where they are proposed to be placed.
Environmental
1
CITY OF LINO LAKES
RESOLUTION NO. 18-143
RESOLUTION APPROVING THE PUD FINAL PLAN/FINAL PLAT
FOR WATERMARK
WHEREAS, the City received an application for PUD Final Plan/Final Plat approval for
Watermark hereafter referred to as “Development”; and
WHEREAS, City staff has completed a review of the proposed “Development” based on
the following plans and information:
• Watermark Grading, Development & Erosion Control Plan, Sheets 1-24 prepared
by Carlson McCain revision date November 8, 2018
• Watermark Sanitary Sewer, Watermain, Storm Sewer and Street Construction
Plans, Sheets 1-45 prepared by Carlson McCain revision dated November 8, 2018
• Watermark 1st Addition Overall Irrigation Plan, Sheets i1-6, prepared by Carlson
McCain revision date November 8, 201
• Watermark 1st Addition Site Landscape Plan, Sheets L1-6, prepared by Carlson
McCain revision date November 8, 2018
• Watermark Final Plat containing 7 sheets, prepared by Carlson McCain received
November 9, 2018; and
WHEREAS, the City Council the approved the PUD Development Stage
Plan/Preliminary Plat with Resolution No. 16-51, PUD Amendment #1-Land Use Plan
with Resolution No. 16-133 and PUD Amendment #2-Architectural Design Standards
with Resolution No. 16-133; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
Watermark final plat at the October 10, 2018 meeting; and
WHEREAS, the proposed development is not considered premature and meets the
performance standards of the subdivision and zoning ordinance; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
FINDINGS OF FACT
1. The final plat substantially conforms to the approved preliminary plat subject to the
conditions listed below.
2. The City Attorney shall approve the status of title/property ownership related to the
final plat.
3. A Master Development Agreement and 1st Addition Development Agreement have
been completed.
2
4. Conditions attached to approval of the preliminary plat have been fulfilled or
secured by the Development Agreement.
5. All fees, charges and escrow related to the preliminary or final plat have been paid
in full.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves the PUD Final Plan/Final Plat for Watermark, subject to the following
conditions:
1. All comments from the City Engineer letter dated November 19, 2018 shall be
addressed.
2. All comments from the Environmental Coordinator letter dated November 19,
2018 shall be addressed.
3. The Master Development Agreement shall be approved by the City Council,
executed by all parties and recorded against the property.
4. The Development Agreement and Planned Unit Development Agreement for
Watermark shall be approved by the City Council, executed and recorded against
the property.
5. A private Declaration for Maintenance of Stormwater Facilities in the townhome
neighborhood shall be recorded by Lennar.
6. The City Attorney shall review and approve the title commitment and final plat.
7. Watermark 1st Addition Site Landscape Plan:
a. All landscaping, fences and berms shall be installed with 1st Addition
along the entire south boundary of the development as well as east of the
townhome neighborhood along I-35E. Plans shall be revised.
i. Sheet L2, does not reflect correct phase line along Pond 100.
Please revise on all plan sheets and include landscaping as part of
1st Addition.
ii. Sheet L3 indicates I-35E fence and landscaping being installed in
Phase 2. These shall be installed in 1st Addition. Please revise.
b. Fence details and location shall be shown on the plans.
i. Per above comment, fence is required along entire south property
line with 1st Addition. Please revise.
c. Entrance monuments details and locations shall be shown on the plans.
i. Add location details for each monument on Sheet L2.
d. The berm cross sections sheets as shown on Sheet L7 and L8, Site Section
Plan of the original plan set shall be included in this plan set.
i. Sheet L8 shall also include the horizontal berm elevations.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member
_______________and was duly seconded by Council Member ________________ and
upon vote being taken thereon, the following voted in favor thereof:
3
The following voted against same:
______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
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F U T U R EA D D I T I O N SF U T U R EA D D I T I O N SF U T U R EA D D I T I O N SF U T U R EA D D I T I O N SofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK61.TOPSOIL SHALL BE PLACED AT A MINIMUM DEPTH OF 4” PRIOR TOSODDING. ALL SUBGRADE SOILS SHALL BE LOOSENED TO A DEPTH OF 6INCHES, AND ½ THE TOPSOIL SHALL BE PLACED OVER THE LOOSENEDSUBGRADE AND INCORPORATED INTO THE TOP 2 INCHES OF SUBGRADE.THE REMAINING 2” OF TOPSOIL MUST THEN BE ADDED. CITY INSPECTIONIS REQUIRED PRIOR TO SOD PLACEMENT2.PLACE A "NO-MOW FESCUE" 3' FROM DRIP EDGE AROUND ALLEVERGREEN TREES IN LIEU OF NATIVE SEED. NO MOW SEED FORMULAFROM SPECIALTY TURF & AG INC, FREEDOM MIX, AT 200LB/ACRE ORAPPROVED EQUAL. - WWW.SPECIALTYTURFAG.COM - 188-685-4521L2L3
OPEN SPACE 3993,644 sfOPEN SPACE 6257,213 sfOPEN SPACE 841,826 sfOPEN SPACE 971,038 sfOPEN SPACE 1037,098 sfOPEN SPACE 11105,155 sfOPEN SPACE 11105,155 sfOPEN SPACE 12474,151 sf6' PRIVACYFENCEPASSIVE PARKPRIVATEPARKOPEN SPACE50' SITE TRIANGLERM56' PRIVACYFENCEHB44HL34CB5BL3BH3TL10RM28SB67RM6RM10CB5TL3HB29TL3BL23SM18RB3WO3RM6AL5SP12HB5BH5SS19RM4SM23CB4CH12CH5WO8AL3TEMPORARY SEED & MULCH(TO BE SODDED WITH HOMECONSTRUCTION.)SEE DETAIL SHEET 45"TYPICAL STREET SECTION"FENCE DETAILSEE DETAILSB/L6 & C/L6SEE DETAILSB/L6 & C/L6PHASE LINEPHASE LINEPHASE LINERM5HB44HL34CB5BL3BH3TL10RM28SB67WO25RM6RM10CB5TL3HB29TL3BL23SM18RB3WO3RM6AL5SP12HB5BH5SS19RM4SM23CB4BL3CH12CH5WO8AL3OPEN SPACE 4419,204 sfSEED AREA 189,229 sfOPEN SPACE 3993,644 sfOPEN SPACE 2232439 sfOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfOPEN SPACE 5176,365 sfOPEN SPACE 6257,213 sfOPEN SPACE 841,826 sfOPEN SPACE 971,038 sfOPEN SPACE 11105,155 sfOPEN SPACE 12474,151 sfOPEN SPACE 2232,439 sfOPEN SPACE 6257,213 sfSEED AREA 4419,204 SFOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfSEED AREA 2222,739 sfSEED AREA 2222,739 sfSEED AREA 3920,084 sfSEED AREA 841,826 sfSEED AREA 11105,155 sfSEED AREA 6257,213 sfSEED AREA 6257,213 sfSEED AREA 971,038 sfSEED AREA 5176,365 sfOPEN SPACE 189,229 sfSEED AREA 12474,151 sfOPEN SPACE 760,954 sfSEED AREA 758,401 sfOPEN SPACE 10 -SEED AREA37,098 sfTEMPORARY SEED & MULCH(TO BE SODDED WITH HOMECONSTRUCTION.)SEE DETAIL SHEET 45"TYPICAL STREET SECTION"PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE LINEPHASE LINEPHASE LINEPHASE LINEBOTANICAL NAMEDECIDUOUS TREESKEYCOMMON NAME2.5"BB34SIZEROOTQTY.2.5"BB362.5"BB29Gleditsia triacanthos SHADEMASTER HONEYLOCUST2.5"BB78Celtis occidentalisHACKBERRY2.5"BB59Acer rubrum 'Nothwoods'NORTHHWOODS MAPLEvar. inermis 'Shademaster'Quercus bicolorSWAMP WHITE OAKWOHLBLHBRMTilia americana 'Boulevard' BOULEVARD LINDENPHASE 1 - LANDSCAPE LEGENDSTRAIT LEADER NO "V" CROTCH2.5"BB41Acer saccharumSUGAR MAPLESM15'50'INSTALLHEIGHTMATUREHEIGHT10'50'15'60'15'50'14'50'14'50'QUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.1.5"BB3ORNAMENTAL TREESAUTUMN BRILLIANCE1.5"BB67Amelanchier x grandiflora'Autumn Brilliance'RBSBSTRAIT LEADERNO "V" CROTCHSPRING SNOW CRABAPPLE1.5"BB19Malus x 'Spring Snow'SSEVERGREEN TREESBLACK HILLS SPRUCE6'BB8Picea glauca var. DensataBHFULL FORMTO GRADE14CANDICAND WHITE FIR6'BBAbies concolor 'Candicanas'CBCLUMPFORMJAPANESE TREE LILAC1.5"BB19Syringa ReticulataTL12SCOTCH PINE6'BBPinus sylvestrisSPSERVICEBERRY8'25'8'20'8'20'6'40'6'55'6'50'8'25'AMERICAN LARCHLarix LaricinaALCHCANADIAN HEMLOCKTsuga canadensis86'BB176'BB6'60'6'40'SHILOH SPLASH RIVER BIRCHBetula nigra 'Shilo Splash' NATIVE WET PRAIRIE MN SEED MIX 34-262 (OLD BWSR W3) WETLAND FRINGEMN SEED MIX 33-261 (OLD BWSR U6) COMMERCIAL TURF - SODHIGHLAND SODMNDOT 260MN SEED MIX 25-131 (OLD MNDOT 260) &ALL AREAS DISTURBED BY CONSTRUCTION NOT INTENDED (USE EROSION CONTROL BLANKETSODDED, OR RETENTION BASINS FOR SLOPES OVER 3:1)HARDWOOD MULCH (NATURAL COLOR)SHREDDED HARDWOOD MULCHNO MOW FESCUESPECIALITY TURF AND AG OR APPROVED EQUAL.** NO MOW SEED FORMULA FROM SPECIALTY TURF & AG INC, FREEDOM MIX, AT 200LB/ACREOR APPROVED EQUAL. - WWW.SPECIALTYTURFAG.COM - 188-685-4521 SEED MIXTYPESYM.SEED MIX LEGEND (FOR ALL SHEETS)L3L2SW LANDSCAPE PLAN1ST ADDITIONL2ofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK6
RM5HB44HL34BL3BHTL10RM28SB67WO25RM6RM10CB5TL3HB29TL3BL23SM23CB4BL3CH12CH5WO8AL3TEMPORARY SEED & MULCH(TO BE SODDED WITH HOMECONSTRUCTION.)SEE DETAIL SHEET 45"TYPICAL STREET SECTION"PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE LINEPHASE LINEPHASE LINERM5HB44HL34CB5BL3BH3TL10RM28SB67WO25RM6RM10CB5TL3HB29TL3BL23SM18RB3WO3RM6AL5SP12HB5BH5SS19RM4SM23CB4BL3CH12CH5WO8AL3OPEN SPACE 4419,204 sfSEED AREA 189,229 sfOPEN SPACE 3993,644 sfOPEN SPACE 2232439 sfOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfOPEN SPACE 5176,365 sfOPEN SPACE 6257,213 sfOPEN SPACE 841,826 sfOPEN SPACE 971,038 sfOPEN SPACE 11105,155 sfOPEN SPACE 12474,151 sfOPEN SPACE 2232,439 sfOPEN SPACE 6257,213 sfSEED AREA 4419,204 SFOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfOPEN SPACE 3993,644 sfSEED AREA 3920,084 sfSEED AREA 2222,739 sfSEED AREA 2222,739 sfSEED AREA 3920,084 sfSEED AREA 841,826 sfSEED AREA 11105,155 sfSEED AREA 6257,213 sfSEED AREA 6257,213 sfSEED AREA 971,038 sfSEED AREA 5176,365 sfOPEN SPACE 189,229 sfSEED AREA 12474,151 sfOPEN SPACE 760,954 sfSEED AREA 758,401 sfOPEN SPACE 10 -SEED AREA37,098 sfTEMPORARY SEED & MULCH(TO BE SODDED WITH HOMECONSTRUCTION.)SEE DETAIL SHEET 45"TYPICAL STREET SECTION"PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE 2FENCE DETAILSEE DETAILSB/L6 & C/L6FENCE DETAILSEE DETAILSB/L6 & C/L6PHASE LINEPHASE LINEPHASE LINEPHASE LINE L3L2SE LANDSCAPE PLAN1ST ADDITIONL3ofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK6EXISTING GRADEGUY WIRE WITH WEBBINGFLAGGING- ONE PER WIREPLANTING SOIL MIXTURE (SEE SPEC.)MINIMUM 1/2 WIDTH OF ROOT BALL4"-6" SHREDDED BARKMULCHUNDISTURBED OR STABILIZEDSUBSOILNOTE: GUY ASSEMBLY OPTIONAL BUTCONTRACTOR ASSUMES FULLRESPONSIBILITY FOR MAINTAINING TREEIN A PLUMB POSITION FOR THEDURATION OF THE GUARANTEE PERIODGUY ASSEMBLY- 16"POLYPROPYLENE OR POLYETHYLENE(40 MIL) 1-1/2" WIDE STRAP (TYP)DOUBLE STRAND 10 GA. WIRE, 2-7"ROLLED STEEL POSTS (MnDOT 3401)@ 180° O.C. (SEE STAKING DIAGRAM)COORDINATESTAKING TO INSUREUNIFORMORIENTATION OF GUYLINES AND STAKES2. TRIM OUT DEAD WOOD AND WEAK AND/ORDEFORMED TWIGS. DO NOT CUT A LEADER. DONOT PAINT CUTS.4. PLACE PLANT IN PLANTING HOLE WITHBURLAP AND WIRE BASKET, (IF USED), INTACT.BACKFILL WITHIN APPROXIMATELY 12" OF THETOP OF ROOTBALL, WATER PLANT. REMOVETOP 1/3OF THE BASKET OR THE TOP TWOHORIZONTAL RINGS, WHICHEVER IS GREATER.REMOVE ALL BURLAP AND NAILS FROM TOP1/3 OF THE BALL. REMOVE ALL TWINE.3. SET PLANT ON UNDISTURBED NATIVE SOILOR THOROUGHLY COMPACTED BACKFILL SOIL.INSTALL PLANT SO THE ROOT FLARE IS AT ORUP TO 2" ABOVE THE FINISHED GRADE.6. WATER TO SETTLE PLANTS AND FILLVOIDS.5. PLUMB AND BACKFILL WITHBACKFILL SOIL.7. WATER WITHIN TWO HOURS OFINSTALLATION. WATERING MUST BESUFFICIENT TO THOROUGHLY SATURATEROOT BALL AND PLANTING HOLE.8. PLACE MULCH WITHIN 48 HOURS OFTHE SECOND WATERING UNLESS SOILMOISTURE IS EXCESSIVE.1. SCARIFY BOTTOM AND SIDES OF HOLEPRIOR TO PLANTINGPLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6"2'(MIN.)6"6"3 REQUIRED AT 1202'(MIN.)6"12"UNDISTURBED SUBSOIL( SEE LANDSCAPE NOTES FOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THENBACKFILL MIX4 INCHES MULCHofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK
ROCKMULCHHARDWOOD MULCHSODSODSOD6' PRIVACY FENCE BETWEEN UNITS (TYP)3GFS3SVJ2KBL3PDS2DBW3BES1GLS3KFG2KBL1GLS3SVJ3BES3BJD3GFS3KBL3SPL3BCA3AWS3DBB3APC2BCB3TAU6DBB2BCB4AWS3SVJ2BCB3TAU3DBB3AWS3BCA3SPL3DBW3APCROCK MULCHHARDWOOD MULCHROCK MULCHSODSODHARDWOOD MULCH2BJD3KBL3KFG3WLC3DBB3BES3SPL5AWS5TAU4SRF5AWS3BCA3GFS3BES3WLC3KFG3KBL2BDL2BJD3KBL3KFG3KFG3KBL2BDL3SVJ3SMS7MYS3SVJ3DBW6AWS5TAU4SRF5AWS3BCA3GFS3WLC3BES3BES3WLC3GFS3SPL5AWS6' PRIVACY FENCE BETWEEN UNITS (TYP)CONCEPTUAL LOCATIONS, TO BE FINALIZEDWITH ARCHITECTURAL PLANSDETAILED TOWNHOMELANDSCAPE PLANL4Forsythia 'Sunrise'SUNRISE FORSYTHIA#5CONT.FOR-Hemerocallis 'Stella d'Oro' STELLA D'ORO DAYLILY#1CONT.SDD-Euonymus alatus 'Compactus'DWARF BURNING BUSH#5CONT.DBB-SHRUBSBOTANICAL NAMEKEYCOMMON NAMESIZEROOTQTY.REMARKSPERENNIALSNepeta x faasenii 'Walker's Low'WALKER'S LOW CATMINT#1CONT.WLC-Rhus aromatica 'Gro-Low'GRO-LOW FRAGRANT SUMAC#5CONT.GLS-#5CONT.SVJ-#5CONT.SMS-Hemerocallis 'Baja'BAJA DAYLILY#1CONT.BDL-Hemerocallis 'Pardon Me'PARDON ME DAYLILY#1CONT.PMD-#5CONT.-Spiraea x bumalda 'Anthony Waterer'ANTHONY WATERER SPIREA#5CONT.-AWS#5CONT.-DBWJuniperious Horizoantalis 'Savin'SAVIN JUNIPERSalix purpurea 'Nana'DWARF BLUE ARCTIC WILLOWSpiraea nipponica 'Snowmound'SNOWMOUND SPIREACalamagrostis acutiflora 'Karl Foerster'KARL FOERSTER FEATHER REED GRASS#1CONT.KFG-PLANT 2' O.C.Sporobolus heterolepisPRAIRIE DROPSEED#1CONT.PDS-PLANT 2' O.C.Viburnum trilobum 'Bailey Compact'COMPACT AMERICAN CRANBERRYBUSH#5CONT.BCA-LANDSCAPE LEGENDSyringa x "Bailsugar'SUGAR PLUM LILAC #5CONT.SPL-#5CONT.-GOLD FLAME SPIREASpiraea x bumalda 'Gold Flame'1.5'4'x4'INSTALLHEIGHTMATUREHEIGHT1'3'x4'1'3'x4'1'2.5'x5'1.5'4'x4'1.5'3'x4'1.5'3'x4'1'3'x4'1.5'3'x4'1.5'5'x5'1.5'4'x4'6"4'x2'6"2'x2'6"2'x1.5'6"1.5'x1.5'6"1.5'x1.5'6"1'x1'MYSSpiraea thunbergii 'Ogon'MELLOW YELLOW SPIREAGFS-PURPLE FLOWERLiatris spicata 'Kobold'KOBOLD LIATRIS#1CONT.KBL-Hosta sp.HOSTA#1CONT.HST-WHITE FLOWERRudbeckia fulgida 'Goldsturm'BLACK EYED SUSAN#1CONT.BES-YELLOW FLOWERQUANTITIES SHOWN IN THE PLANTING SCHEDULE ARE FOR THE CONTRACTOR'S CONVENIENCE.CONTRACTOR TO VERIFY QUANTITIES SHOWN ON THE PLAN.6"1.5'x1.5'6"1.5'x1.5'6"1'x1'PURPLE FLOWERYELLOW FLOWERYELLOW FLOWERRED FLOWER#5CONT.ALPINE CURRANTRibes alpinum1.5'3'x4'ALP#5CONT.TAU-Taxus x media 'Tauntoni'TAUNTON SPREADING YEW1'3'x4'Ilex verticillata 'Jim Dandy'JIM DANDY WINTERBERRY#5CONT.JDW-Ilex verticillata 'Red Sprite'RED SPRITE WINTERBERRY#5CONT.RSW-#5CONT.-BLACK CHOKEBERRYAronica melonocarpa elata1.5'4'X4'1.5'3'X3'1.5'3'X3'BCB#5CONT.-RED TWIG DOGWOODCornus Sericea 'Bailey'1.5'5'x5'RTD1.5'3'x3' NATIVE WET PRAIRIE MN SEED MIX 34-262 (OLD BWSR W3) WETLAND FRINGEMN SEED MIX 33-261 (OLD BWSR U6) COMMERCIAL TURF - SODHIGHLAND SOD (PEAT SOD IS UNACCEPTABLE)MNDOT 260MN SEED MIX 25-131 (OLD MNDOT 260) &ALL AREAS DISTURBED BY CONSTRUCTION NOT INTENDED (USE EROSION CONTROL BLANKETSODDED, OR RETENTION BASINS FOR SLOPES OVER 3:1)HARDWOOD MULCH (NATURAL COLOR)SHREDDED HARDWOOD MULCH1/2" CRUSHED GRANITECRUSHED QUARRY GRANITE SEED MIXTYPESYM.SEED MIX LEGEND (FOR ALL SHEETS)ofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK2' MIN.TO PAVEDSURFACELCBACKFILL WITH PLANTINGALL SPACE BETWEEN THE PLANTS TO FULL DEPTH.UNDISTURBED SOILFINAL GRADEPOLY EDGER4" DEEP HARD WOOD MULCHSIDEWALK/CURBMIN. 6" (TYP.)MIX 6" AT THE SIDES AND 1.TOPSOIL SHALL BE PLACED AT A MINIMUM DEPTH OF 4” PRIOR TO SODDING. ALL SUBGRADE SOILS SHALL BE LOOSENEDTO A DEPTH OF 6 INCHES, AND ½ THE TOPSOIL SHALL BE PLACED OVER THE LOOSENED SUBGRADE AND INCORPORATEDINTO THE TOP 2 INCHES OF SUBGRADE. THE REMAINING 2” OF TOPSOIL MUST THEN BE ADDED. CITY INSPECTION ISREQUIRED PRIOR TO SOD PLACEMENT2.PLACE A "NO-MOW FESCUE" 3' FROM DRIP EDGE AROUND ALL EVERGREEN TREES IN LIEU OF NATIVE SEED. NO MOW SEEDFORMULA FROM SPECIALTY TURF & AG INC, FREEDOM MIX, AT 200LB/ACRE OR APPROVED EQUAL. -WWW.SPECIALTYTURFAG.COM - 188-685-45213.FINAL RESTORATION SHALL BE IN PLACE PRIOR TO RELEASE OF BUILDING PERMITS.6
w BBSITE LANDSCAPE PLANDETAILSL5ofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK6
PROTECTED OPEN AREAMONUMENT SIGNLOCATION PLANL6·PLACE SIGN ON A 4"X4"TREATED WOOD POSTWITH SIGN A MINIMUM OF3' ABOVE GRADE.·COORDINATE WITH THECITY OF LINO LAKESFOR SIGN LAYOUT ANDPRINTING.denotes open spacearea signPROTECTED OPEN SPACE SIGNSEE DETAIL A/L7ofWATERMARKLino Lakes, MNof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\preliminary\6731_land.dwgSave Date:11/09/18environmentalengineeringsurveying···Revisions:1. 11/8/18 Per City CommentsLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota8/7/18JAK8/7/18James A. Kalkes, RLA45071JAK6PROTECTED OPEN SPACESIGN SEE DETAIL A/L7PROTECTED OPEN SPACESIGN SEE DETAIL A/L7PHASE LINEPHASE LINEPHASE LINEPHASE LINEPROTECTED OPEN SPACESIGN (FUTURE PHASE)PROTECTED OPEN SPACESIGN (FUTURE PHASE)PROTECTED OPEN SPACESIGN (FUTURE PHASE)PROTECTED OPEN SPACESIGN (FUTURE PHASE)
Entrance Monuments
1
2
3
Sign Location Map
Main Entry Sign Neighborhood Entry Sign
Roundabout Entry Sign
Note: Conceptual Only - Subject to Change - Construction Plans to be Submitted with Permit
1 3
2
Page 23
Southwest View21
Exterior Image
Interior Image
HOA Center Site Plan
HOA Center Concept
Note: Example Only and Subject to Change Upon Further Site Planning at Time of Construction Page 27
CITY OF LINO LAKES
RESOLUTION NO. 18-144
RESOLUTION APPROVING MASTER DEVELOPMENT AGREEMENT
FOR WATERMARK
WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Watermark with
Resolution No. 18-143 on November 26, 2018; and
WHEREAS, given the size and scope of the Development, it is in the City’s, the Developer’s
(US Home Corporation (Lennar)) and the Owner’s (Mattamy Minneapolis LLC) best interest to
allow the Development to proceed in multiple phases based on a final plat for each phase and to
enter into a Master Development Agreement in order to establish certain terms and conditions of
approval prior to the final plat of any phase of the Development.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Master Development Agreement between the City of Lino Lakes, US Home
Corporation (Lennar) and Mattamy Minneapolis LLC for Watermark and authorizes the Mayor
and City Clerk to execute such agreement on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
{00149157 12}
MASTER DEVELOPMENT AGREEMENT
BY AND BETWEEN
LINO LAKES
AND
U.S. HOME CORPORATION AND
MATTAMY HOMES
This document was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
{00149157 12} i
TABLE OF CONTENTS
Page
Article I. Findings and Recitals; Right to Proceed .......................................................... 1
1.1 Findings and Recitals ........................................................................... 1
1.2 Master Development Agreement ......................................................... 2
1.3 Other Agency Approvals ..................................................................... 2
1.4 Right to Proceed ................................................................................... 2
Article II Definitions........................................................................................................ 3
Article III Representations and Warranties ....................................................................... 4
3.1 Representations by City ....................................................................... 4
3.2 Representations by Developer ............................................................. 5
3.3 Representations by Owner……………………………………………5
Article IV Land Use Controls; Phased Development ....................................................... 6
4.1 Master Plan and Lot Standards ............................................................ 6
4.2 Ordinances and Resolutions Incorporated by Reference ..................... 6
4.3 Development Flexibility; Core Values ................................................ 8
4.4 Architectural Guidelines ...................................................................... 9
4.5 Assignment to Other Developers ....................................................... 11
Article V Master Plan Public Improvements ................................................................. 11
5.1 Stormwater Outlet to Peltier Lake ..................................................... 11
5.2 CSAH 54 (20th Avenue) Turn Lane Improvements ........................... 11
Article VI Subdivision Improvements ............................................................................ 12
6.1 Adherence to Plans ............................................................................ 12
6.2 Streets ................................................................................................. 12
6.3 Sanitary Sewer ................................................................................... 12
6.4 Watermain .......................................................................................... 12
6.5 Surface Water Management;.............................................................. 12
6.6 Landscaping ....................................................................................... 13
6.7 Street Lighting and Signs ................................................................... 13
6.8 Surface Water Reuse Irrigation System ............................................. 13
6.9 Security for Completion of Subdivision Improvements .................... 13
{00149157 12} ii
Page
Article VII Easements, Declarations and Protections ...................................................... 14
7.1 Open Space Declaration ..................................................................... 14
7.2 Open Space Easement ........................................................................ 14
7.3 Drainage and Utility Easements ......................................................... 15
7.4 Trail Easements .................................................................................. 15
Article VIII Parks and Park Dedication ............................................................................. 15
8.1 Cash in Lieu Contribution .................................................................. 15
8.2 Public Parks and Improvements......................................................... 16
8.3 Public Trails ....................................................................................... 16
8.4 Private Parks and Open Space ........................................................... 17
Article IX Club House..................................................................................................... 18
9.1 Site Plan Approval ............................................................................. 18
Article X Fees and Credits; Payment Phasing ............................................................... 18
10.1 Sanitary Sewer Fees and Credits........................................................ 18
10.2 Water Fees and Credits ...................................................................... 19
10.3 Surface Water Management Fees ...................................................... 19
Article XI Homeowners’ Association ............................................................................. 21
11.1 Homeowners’ Association Covenants and Restrictions .................... 21
11.2 Maintenance of Neighborhood and Community Common Areas ..... 21
Article XII Environmental Matters................................................................................... 21
12.1 Alternative Urban Areawide Review (AUAR) .................................. 22
12.2 Wetlands Mitigation, Buffering and Monitoring ............................... 22
Article XIII Miscellaneous ................................................................................................ 22
13.1 Notices ............................................................................................... 22
13.2 Agreement Runs with the Land ......................................................... 23
13.3 Representations not Individually Liable; Indemnification ................ 24
13.4 Insurance ............................................................................................ 24
13.5 Reimbursement of Costs .................................................................... 25
13.6 Severability ........................................................................................ 25
13.7 Counterparts ....................................................................................... 25
13.8 Governing Law .................................................................................. 26
13.9 Non-Waiver........................................................................................ 26
13.10 Headings ............................................................................................ 26
13.11 City’s Remedies Upon Default .......................................................... 26
13.12 Developer’s Remedies Upon Default ............................................... 28
13.13 Amendments ...................................................................................... 28
13.14 Disclaimer of Relationship ................................................................ 28
13.15 Certificate of Completion…………………………………………...29
{00149157 12} iii
SIGNATURES ....................................................................................................................... 30
EXHIBIT A-1: Legal Description of Owner’s Property
EXHIBIT A-2: Legal Description of Developer’s Property
EXHIBIT B: List of Plan Documents
EXHIBIT C: Preliminary Plat
EXHIBIT D: PUD Master Plan Booklet (includes Parks and Open Space Plan)
EXHIBIT E: Wetland Permit Application, Figure 15-Replacement Overview with Final
WMC Limit
EXHIBIT F: Restoration and Management Plan
EXHIBIT G: Elevation Plans
EXHIBIT H: Legal Description of Properties on which Storm Water Management Fee
Balance will be Assessed
EXHIBIT I: Depiction and Description of Area of Outlot E Drainage and Utility Easement
MASTER DEVELOPMENT AGREEMENT
Article I. Findings and Recitals; Right to Proceed
1.1 Findings and Recitals
This Master Development Agreement (the “Master Agreement) is made this ____day of
______, 2018, by and between the City of Lino Lakes, a municipal corporation under the laws of
Minnesota (the “City”), US Home Corporation, a Delaware corporation (the “Developer”) and
Mattamy Minneapolis LLC, a Delaware limited liability company (“Owner”).
WHEREAS, Owner is the fee owner of certain property located in the City, which is
legally described on the attached Exhibit A-1 (the “Owner’s Property”); and
WHEREAS, Developer is the fee owner of certain property located in the City, which is
legally described on the attached Exhibit A-2 (the “Developer’s Property” and collectively with
the Owner’s Property, referred to as the “Property”); and
WHEREAS, Developer has the option to purchase the Owner Property in multiple phases
pursuant to the terms of a certain Option Agreement dated June 2, 2017, as amended (the
“Developer Option Agreement”); and
WHEREAS, the Developer has proposed to subdivide and construct improvements on the
Property to support 864 residential units (the “Development”) when complete; and
WHEREAS, the City approved a comprehensive plan amendment by Resolution No. 16-
50, adopted on June 13, 2016; approved the Development Stage Plan/Preliminary Plat by
Resolution No. 16-51, adopted on June 13, 2016, rezoned the Property to Planned Unit
Development by Ordinance No. 04-16, adopted on June 27, 2016; approved Amendment No. 1
to the Development Stage Plan by Resolution No. 17-95, adopted on October 9, 2017, approved
Amendment No. 2 to the Development Stage Plan by Resolution No. 17-133, adopted on
December 11, 2017 (collectively the “City Approvals”). The terms and conditions of the City
Approvals are hereby incorporated into this Master Agreement by reference. Development of
the Property shall be in conformance with the City Approvals and the Plans as hereinafter
defined, except as may be specifically authorized in this Master Agreement; and
WHEREAS, the City Approvals incorporate the plans and specifications submitted by the
Developer and approved by the City (the “Plans”), all of which are enumerated on Exhibit B; and
WHEREAS, given the size and scope of the Development, it is in the City’s and the
Developer’s best interest to allow the Development to proceed in multiple phases based on a
final plat for each phase and to enter into this Master Agreement in order to establish certain
terms and conditions of approval prior to the final plat of any phase of the Development.
{00149157 12} 2.
NOW, THEREFORE, in consideration of the Recitals set forth above, which are hereby
incorporated herein, and based on the mutual covenants and obligations contained herein, the
parties agree to the following:
1.2 Master Development Agreement
This Master Agreement confirms the terms and conditions of the City Approvals and the
Plans for the Development, the required public and private improvements as part of the first and
subsequent phases of the Development, the standards for the timing and financing of required
improvements and terms of payment of development fees. Except as otherwise approved by the
City following request by the Developer, final plats for each phase of the Development shall be
consistent with the Plans and the City Approvals, subject to the flexibilities allowed in the Core
Values in Section 4.3 of this Master Agreement. The final plat for each phase shall also be
accompanied by a subdivision agreement that confirms the required public and private
improvements, responsibilities of the City and the Developer and development fees for each
phase.
The approved Preliminary Plat for the Development (the “Preliminary Plat”) is valid
through November 26, 2028 which is 10 years from the date of approval by the City of this
Master Agreement. The Preliminary Plat will not need to be updated or amended as long as
adequate progress is being made towards approval of final plats for phases of the Development.
For this purpose, “adequate progress” is defined as recording one or more final plats which
cumulatively contain at least 120 lots within a 36-month period. Up to 3 one-year extensions
may be granted by the City, in the City’s sole discretion, upon written request from the
Developer. The Developer has submitted the final plat application for the first phase of the
Development.
1.3 Other Agency Approvals
In addition to the City Approvals, other governmental agencies have reviewed and
approved components of the Plans, or may be required to review and approve components of the
Plans. It is the responsibility of the Developer to ensure that all permits from appropriate
governmental agencies are received prior to beginning construction of any improvements for the
phase for which such other approvals are required.
1.4 Right to Proceed
Except with regard to the grading and related site improvements as specifically
authorized by the June 21, 2018 Grading and Trunk Utility Agreement, as amended and
approved by the City Council, the Developer may not construct public or private improvements
or any buildings within any phase of the Development until the following conditions have been
satisfied:
a. this Master Agreement has been executed by the Developer and the City;
{00149157 12} 3.
b. the Developer and the City have executed a subdivision agreement for the phase
to be developed and the final plat for that phase has been submitted to Anoka
County for recording and proof of submission has been provided to the City;
c. the required Financial Guarantees and security required by this Agreement have
been received by the City;
d. final engineering and construction plans for the applicable subdivision
improvements for that phase have been submitted by the Developer in digital
form and approved by the City engineer; such approval shall not be unreasonably
withheld.
e. the Developer has reimbursed the City for all legal, engineering and
administrative expenses reasonably incurred by the City to date regarding the City
Approvals;
f. the Developer has submitted Homeowners’ Association Covenants and
Restrictions to the City for that phase and the City Attorney has reviewed them
and confirmed in writing that the covenants and restrictions contain all provisions
required by this Agreement;
g. the Developer has received required permits and approvals for that phase from
governmental agencies having jurisdiction over the Development;
h. the Developer or the Developer’s engineer has initiated and attended a
preconstruction meeting with the City engineer and staff;
i. the City has received in recordable form approved by the City, easements for
public trail purposes for the phase to be developed as required by City Approvals;
j. the City has received from Developer, in recordable form approved by the City,
all easements and deeds concerning Developer’s property as required by this
Agreement, the Plans, and City Approvals; and
k. The Owner has placed in escrow in recordable form approved by the City, the
open space easement required by Section 7.2 hereof and the drainage and utility
easements required by Section 7.3 hereof.
l. the Owner has placed in escrow, in recordable form approved by the City, the
deed and easement for the Public Park and Park access required by Section 8.2
hereof.
Article II Definitions
The following terms are defined in this Master Agreement and shall have the meanings
given to them:
City-City of Lino Lakes, a municipal corporation under the laws of Minnesota.
City Approvals-consists of all documents listed in Exhibit B of this Master Development
Agreement, all resolutions approved as part of this development, all minutes associated
with this development, and any other valid document associated with the City approval
process for the Watermark Preliminary Plat.
Core Values-refers to section 4.3 of this Master Agreement; the intended values to be
preserved when examining changes from preliminary plat to final plat.
{00149157 12} 4.
Developer-U.S. Home Corporation and any successors or assigns, or any future
landowner of undeveloped property within the Developer’s Property.
Financial Guarantee-A letter of credit, cash escrow, or other guarantee acceptable to the
City that serves as an assurance of completion of the required improvements.
Master Development Agreement-this document, which serves as the basis and reference
for development requirements associated with subsequent final plats and Subdivision
Agreements.
Owner- Mattamy Minneapolis LLC, a Delaware limited liability company, and any
successors or assigns, or any future landowner of undeveloped property within the
Owner’s Property.
Parks and Open Space-the land identified on Exhibit D, page 11, Parks and Open Space
Plan, of this Agreement and that land subject to the provisions of the Restoration and
Management Plan.
Petition and Waiver Agreement-an agreement with the City which petitions the City for
certain improvements and waives the right to the assessment process stated in M.S.
Statute 429.
Plans-consists of all documents listed in Exhibit B of this Master Development
Agreement.
Property-the Owner’s Property and the Developer’s Property, legally defined in Exhibit
A-1 and A-2, respectively, of this Master Development Agreement, which shall be
amended with each phase of development.
Restoration and Management Plan a separate document intended to provide for the
establishment and ongoing management of actively managed private park and open space
areas.
Article III Representations and Warranties
3.1 Representations by City
The City makes the following representations as the basis for the undertakings on its part
contained herein:
a. The City is a municipal corporation organized under the laws of Minnesota.
b. The City has the authority to execute, deliver and perform its obligations under
this Master Agreement.
{00149157 12} 5.
3.2 Representations by Developer
The Developer makes the following representations as the basis for the undertakings on
its part contained herein:
a. The Developer is comprised of U.S. Home Corporation, a Delaware corporation,
the fee owner of the separate parcels which constitute the Developer’s Property.
Developer is duly organized under the laws of Delaware and, to the best of the
Developer’s knowledge, is not in violation of any of its organizational documents.
Developer has the authority to execute this Master Agreement.
b. The Developer has the authority to execute, deliver and perform its obligations
under this Master Agreement.
c. The Developer is not in default under any lease, contract, or agreement to which it
is a party or by which it is bound which would affect its performance under this
Master Agreement. The Developer is not a party to or bound by any mortgage,
lien, lease, agreement, instrument, order, judgment, or decree that would prohibit
the execution or performance of this Master Agreement by the Developer or
prohibit any of the transactions provided for herein.
d. To the best of its knowledge, the Developer is in compliance with all applicable
federal, state and local statutes, laws, ordinances and regulations including,
without limitation, any permits, licenses, and applicable zoning, environmental, or
other laws, ordinances, or regulations affecting the Developer’s Property or the
Development.
e. The Developer has the ability to fulfill its financial obligations under this Master
Agreement.
3.3 Representations by Owner
The Owner makes the following representations as the basis for the undertakings on its
part contained herein:
a. Owner is a limited liability company duly organized under the laws of Delaware
and, to the best of the Owner’s knowledge, is not in violation of any of its
organizational documents. Owner has the authority to execute this Master
Agreement and to perform its obligations under this Master Agreement.
b. Owner is not in default under any lease, contract, or agreement to which it is a
party or by which it is bound which would affect its performance under this
Master Agreement. Owner is not a party to or bound by any mortgage, lien, lease,
agreement, instrument, order, judgment, or decree that would prohibit the
{00149157 12} 6.
execution or performance of this Master Agreement by Owner or prohibit any of
the transactions provided for herein.
d. To the best of its knowledge, Owner is in compliance with all applicable federal,
state and local statutes, laws, ordinances and regulations including, without
limitation, any permits, licenses, and applicable zoning, environmental, or other
laws, ordinances, or regulations affecting the Owner’s Property or the
development thereof, as contemplated herein.
Article IV Land Use Controls; Phased Development
4.1 Phased Development; Final Plats
a. The Developer plans to develop the Property in phases, subject to and consistent
with the City Approvals and the Plans.
b. The Developer and the City will enter into a series of separate subdivision
agreements requiring the Developer to construct all necessary subdivision
improvements for each phase in accordance with this Master Agreement. The
Developer will be responsible to pay for all road, utility, water, sanitary sewer and
stormwater management improvements required to service each phase, except as
otherwise provided in this Master Development Agreement.
c. The Developer shall be required to provide for park dedication and/or pay park
fees in lieu of dedication and pay any fees required by this Master Agreement
applicable to each phase as confirmed in the subdivision agreement for such
phase.
4.2 Master Plan and Lot Standards
The Plans reflect the City Approvals of the Development. Additional terms may be
specified in the subdivision agreement to be executed in connection with each phase of the
Development, provided that such terms are consistent with the Master Agreement. Lot size, bulk
standards, and engineering standard flexibilities for the Development shall be confirmed with the
final plat of each phase based on the following lot standards, as approved by City Council,
subject to the Core Values specified in Section 4.3 of this Master Agreement:
{00149157 12} 7.
Table 4: Single Family Lot Standards
Min Lot Width at Front Setback (ft) Min. Lot Depth (ft)1 Min. Lot Area (sf) Front Setback (ft) Rear Setback (ft) Detached Accessory Structures (side & rear) setback (ft) Side Setback (corner lot) (ft)2 Side Setback (house & garage) (ft) Height (ft) 55’ wide
lots 55 130 7,150 25 25 5 20-25 7.5 35
60’ wide
lots 60 130 7,800 25 25 5 20-25 7.5 35
65’ wide
lots 65 130 8,450 25 25 5 20-25 7.5 35
75’ wide
lots 75 130 9,750 25 25 5 20-25 7.5 35
1Per Resolution No. 16-51: Flexibility may be allowed during PUD Final Plan/Final Plat phases
to allow for a lot depth of 120 feet only if a public value of creating open space or protecting a
natural resource is achieved.
2.See Plan Sheet 19-22, Site Plan for specific corner lot setback details
Table 5: Townhome Lot Standards
Front Setback (house/porch) to ROW/BOC (ft) Front setback (garage) to ROW/BOC (ft) Side setback to ROW/BOC (ft) Rear setback (deck/porch) to base lot line (ft) Rear setback (house) to base lot line (ft) Separation between buildings (ft) Height (ft) Townhome (row
house) 20 25 20 5 15 30 35
Townhome
(back to back) 20 25 20 NA NA 30 35
{00149157 12} 8.
4.3 Development Flexibility; Core Values
The City will consider in its sole discretion changes or deviations to the Plans as part of
the final plat submission for a phase without amending the PUD Development Stage Plan and
Preliminary Plat (the “Proposed Change”), will reasonably cooperate with such requests from
Developer or Owner so long as any such changes do not conflict with, and are consistent with,
the following Core Values of the Development:
a. If the number of lots within a phase is more or less than the number of lots shown
in the same area on the Preliminary Plat, the Developer must demonstrate how
future phases will be configured to accommodate the change so that the total
number of lots in the Development, including townhome units, is never greater
than 864;
b. The total amount of Public and Private Open Space, as provided for in Exhibit D,
page 6, Land Use Plan, and as depicted on the Preliminary Plat, will not be less
than 60.79 and 10.02 acres, respectively;
c. The boundaries of the public park reflected on the Preliminary Plat (the “Public
Park”) may be adjusted provided that it continues to be located in the center of the
Development as shown on the Preliminary Plat and the total upland area remains
no less than 5.31 acres.
d. The location and configuration of the three private parks, totaling 2.76 acres, as
provided for in Exhibit D, page 6, Land Use Plan, and depicted on the Preliminary
Plat, as Outlots B, D and P may be revised provided that (i) the center of each
park is not moved by more than 200 feet; (ii) the size of each park is not reduced;
(iii) the configuration of each park remains consistent with its originally intended
function; and (iv) the equipment to be installed by the Developer in the tot lot
park remains the same or provides a similar or greater functionality to what was
provided for in the Plans.
e. For the purpose of Phase I of the development, the storm water treatment system
may utilize Anoka County Ditch No. 55, subject to approval by the Rice Creek
Watershed District. Subsequent phases shall re-route all on-site storm water
drainage through the ponds and lake of the approved on-site storm water system
and drain to the west to Lake Peltier, consistent with approved Plans;
f. There are no material changes to the Parks and Open Space Plan, as depicted in
Exhibit D, page 11, of this Master Agreement and in the Homeowners
Association Covenants and Restrictions;
g. Grading will not encroach into any wetlands, or wetland buffers, except as
allowed in the Plans;
{00149157 12} 9.
h. The size of the landscape buffer between 20th Avenue and the rear lot lines for
residential properties within the Development shall not be reduced by more than 5
feet or 20 percent, whichever is greater, and shall be a minimum of 20 feet; and
i. All trails shall remain generally where depicted on the Preliminary Grading and
Erosion Control Plan. The location of a public trail may be shifted, provided that
at no time shall the trail be closer than 5 feet to an abutting property line of a lot
containing a residential unit.
4.4 Architectural Guidelines
Architectural guidelines and sample renderings have been submitted with the preliminary
plat for each phase of the Development and will be verified upon issuance of building permits.
Additional plans shall be approved provided they meet the following conditions set forth below.
The architectural guidelines and sample renderings will be approved if they comply, as
reasonably determined by the City, with City Council Resolution 17-133, including but not
limited to the following:
a. They contain provisions for anti-monotony, specifically related to the use of each
design or home plan for townhomes and single-family homes;
b. They meet the City’s building design standards for the R-2, Two Family
Residential District, with modifications as detailed in City Council Resolution 17-
133.
c. The following are acceptable exterior materials and styles for both the single
family homes and the townhomes:
i. Exterior Materials
a) Vinyl, aluminum or steel siding
1. If vinyl siding is used on the townhomes, engineered trim
products shall also be incorporated.
b) Brick
c) Stone
d) Stucco
e) Wood
f) Engineered siding products such as LP board, Hardie board or similar
ii. Styles
a) Lap siding
b) Board and batten
c) Shakes
d. All single family home front elevations shall include brick, stone or similar
engineered product. The front elevations shall also include 2 other exterior
materials, or 1 other exterior material and 2 styles. The 2 styles shall be of
contrasting or complimentary colors.
{00149157 12} 10.
e. One of the following three architectural features shall be incorporated into the
single family home side and rear elevations that are visible from 20th Avenue
(CSAH 54), 21st Avenue North and the Public Park:
i. A minimum of 4 inch window trim on side and/or rear elevations to match the
dimensions of the front elevation.
ii. Incorporate trim and banding in complementary colors to add interest and
variety to the side and/or rear elevations.
iii. Incorporate more than one exterior material and/or style on the side and/or
rear elevation.
f. Garages. All single family homes shall have, at a minimum, a double garage and
shall comply with the following:
i. Compliance with the Building Type and Construction Standards of §1007.043
of City Code (2), and
ii. All garages, except side or rear loaded garages, shall not protrude forward of
the front wall of the house, unless the house includes a front porch that is
unenclosed, a minimum of 6 feet in depth, and extends across 100 percent of
the front façade of the house. The garage shall then not protrude forward of
the front porch more than 6 feet, and
iii. If the garage door faces the street, the length of the garage wall facing the
street shall not be greater than fifty-five percent (55%) of the length of the
entire front facade of the structure; except on houses that comply with all of
the following conditions:
a) The second floor living space extends over the two-car portion of
the garage; and
b) The garage doors are decorative and have a strip of windows; and
c) Garages in excess of two stalls shall be broken up so the additional
stalls are recessed two feet from the main garage façade; and
d) Garage width does not exceed 32 feet except on four stall garages.
g. Townhome minimum standards:
i. A minimum of three (3) unique building facades for each elevation of the
townhomes shall be provided.
ii. A table of architectural façade data shall be included for each building
elevation.
iii. A unique and separate building color package shall be included for each phase
of development.
iv. At no point shall the same color package be specified on buildings that are
immediately adjacent to or directly across the road from each other.
v. A minimum of 4 inch window trim on side and/or rear elevations to match the
dimensions of the front elevation.
vi. In no case shall any of the required exterior materials or styles per elevation
be less than 10%. Any additional exterior materials and/or styles included on
an elevation that exceeds the minimum requirement do not need to meet the
10 % requirement.
vii. Front elevations shall include brick, stone or similar engineered product. The
front elevations shall also include 2 other exterior materials, or 1 other
exterior material and 2 styles. Exterior materials and styles are defined above.
{00149157 12} 11.
viii. Rear elevations shall, at a minimum, have a combination of 2 exterior
materials, or 1 exterior material and 2 styles. The 2 styles shall be of
contrasting or complimentary colors.
ix. Rear elevations shall include some vertical and horizontal trim or element to
break up the longer elevation planes.
x. Side elevations of Townhomes that will face 21st Avenue North shall include
brick, stone or similar engineered product. These side elevations shall also
have 2 other exterior materials, or 1 other exterior material and 2 styles. The 2
styles shall be of contrasting or complimentary colors. Per the First Addition
Final Plat, these are Block 6, Lots 1, 58, 59 and 63. Plans provided in Exhibit
“G” have been deemed acceptable to meet the intent of this requirement.
xi. Side elevations not exposed to public roadways shall require only one exterior
material.
h. Garages: All townhomes shall include, at a minimum, a double garage and shall
comply with the following:
i. Garages shall be a minimum of 379 square feet.
ii. Garages shall be a minimum of 18’ 3” in width.
iii. Decorative garage doors with windows are required on all units.
4.5 Assignment to Others
The Developer may not assign this Master Agreement without the prior written
agreement of the City; provided, however, the Developer may assign this Master Agreement to
any affiliate, subsidiary, parent or successor entity of Developer, or to Owner, without the City’s
consent. City consent shall not be unreasonably withheld, conditioned or delayed. Upon
assignment to a third party, the Developer’s obligations under this Master Agreement for the
affected phase or phases of the Development shall be terminated.
Article V Master Plan Public Improvements
5.1 Storm Water Outlet
The City shall construct a storm water outlet from the western boundary of the
Development to Peltier Lake, and shall complete the same on or before December 31,
2020. The City shall take all necessary and available steps, including, if necessary, the
commencement of eminent domain proceedings, to acquire title to the properties
necessary to construct the outlet, and shall have prepared and approved plans for the
project on or before June 1, 2019.
5.2 20th Avenue N. (CSAH 54) Turn Lane Improvements
Turn lane improvements from 20th Avenue North (CSAH 54) into the Development shall
be constructed by Developer, pursuant to approved Plans and at Developer’s sole cost.
The turn lane completion date shall be determined by the City based on when the turn
lane is needed for access to the Development. Developer is responsible for acquiring
{00149157 12} 12.
permanent and temporary easements for construction of the improvements contemplated
in this Agreement.
Article VI Subdivision Improvements
6.1 Adherence to Plans
Public and private improvements will be required for each phase of the Development,
subject to the City’s approval of the applicable subdivision agreement that incorporates the
approved plans and specifications for such phase.
6.2 Streets
All streets within the Development shall be constructed according to the Plans and the
requirements listed herein. The final wear course of all streets shall be completed upon
construction of 80% of the residential units within each phase or no later than two years after
completion of the base course, and a one-year warranty bond shall be provided prior to
acceptance of streets by the City to ensure the quality of the construction. A seal-coat fee shall be
paid by Developer upon approval of each phase for all public streets within that phase of the
Development in the amount specified in the City’s fee ordinance. The sealcoat fee is adjusted
annually.
6.3 Sanitary Sewer
All sanitary sewer shall be installed within the Development according to the Plans, and
the requirements listed herein. A two-year warranty bond shall be provided prior to acceptance
of the sanitary sewer improvements by the City to ensure the quality of construction. A
drainage and utility easement shall be provided to the City and dedicated on the plat, consistent
with City requirements, along 20th Avenue North up to Watermark Way as identified in the
approved Preliminary Plat.
6.4 Watermain
Watermain shall be installed within the Development according to the Plans and the
requirements listed herein. A two-year warranty bond shall be provided prior to acceptance of
watermain improvements by the City to ensure the quality of construction. A drainage and
utility easement within the right-of-way for Watermark Way and Crane Drive as identified in the
approved Preliminary Plat shall be provided to the City and dedicated on the plat, consistent with
City requirements.
6.5 Surface Water Management
Storm sewers, including all necessary laterals, catch basins, inlets and other
appurtenances, shall be furnished and installed within the Development according to the Plans,
{00149157 12} 13.
and the requirements listed herein. A two-year warranty bond shall be provided prior to
acceptance of storm sewer improvements by the City to ensure the quality of construction.
6.6 Landscaping
Final landscaping plans shall be submitted with the final plat for each phase of the
Development. They will be consistent with the Plans and will include species, location, size, and
type of tree to be planted in such phase. The Developer shall install street trees, as shown on the
Plans, which shall be located in accordance with approved PUD Landscape Plan. A letter of
credit or cash escrow in an amount to cover the City’s financial risk for the phase being
developed, separate from the Financial Guarantee for street and utility work within that phase,
will be submitted regarding the landscaping work, subject to the reasonable approval of the City
engineer. The letter of credit or cash escrow shall be reduced as Developer completes the
required landscaping within such phase as may be permitted by Section 6.9(d) hereof.
6.7 Street Lighting and Signs
For each phase of development, Developer shall submit a street lighting plan (as drafted
by Connexus and approved by the City). Developer shall establish an escrow with the City for
street light installation and the payment of 15 months of street light maintenance and energy
costs at the current rate as determined by the utility provider. A street sign plan will be provided
by Developer with the final plat of each phase of the Development. Street signs, for both public
and private streets, shall be designed in accordance with City Standard Specifications. Traffic
control and street signs shall be paid for by the Developer but installed by the City. Developer
shall establish a cash escrow with the City for acquisition and installation of signs, which shall
be used as street light work is done.
6.8 Surface Water Reuse – Irrigation System
a. Developer shall design and, install at its own expense an irrigation system for the
townhome area and the I-35E berm that utilizes the surface water as the primary source
for the irrigation water. Said system shall be operated and maintained by the
Development’s homeowners association.
b. The City shall irrigate the Public Park utilizing the surface water as the primary source
for the irrigation water. The City shall design and install its own irrigation system in all
Public Parks.
6.9 Security for Completion of Work in Plans and Subdivision Improvements
a. The Developer shall fully and faithfully comply with the terms of this Agreement and
phase-specific Development Agreements. The Developer will furnish to the City a cash
deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty (150%)
percent of the total estimated cost of Developer's obligations under this Agreement, on a
phase by phase basis as determined by the City. For the phase of Development that will
include the Public Park and Outlot E, the Security shall include (but not be limited to)
security for the cost of grading the Public Park and the lake, identified as Outlot E, in the
approved Preliminary Plat to assure that it may be integrated into the City’s stormwater
{00149157 12} 14.
system and linked to the storm water outlet from Peltier Lake to the western boundary of the
property as described in Section 5.1 hereof.
b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized as security, it shall
be for the exclusive use and benefit of the City of Lino Lakes and shall state that it is issued
to guarantee and assure performance by the Developer of all the terms and conditions of this
Development Agreement or phase-specific Development Agreements and construction of all
required improvements referenced therein in accordance with the ordinances and
specifications of the City. The letter shall be in a form, and from a bank, as approved by 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
Agreement or phase-specific Development Agreements. The Developer shall be provided
written notice and given 10 days to cure identified issues prior to a City draw on Letter of
Credit. The Irrevocable Letter of Credit shall be automatically extended for additional
periods of one year from present or future expiration dates. The Irrevocable Letter of Credit
may not be terminated without the City’s written consent.
c. Alternatively, the Developer may enter into a Public Improvement Surety Agreement,
subject to City approval.
d. Reduction of Security. 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. Requests for reduction may be made no more frequently than once per
month. Reductions shall be made within 30 days from Developer request.
Article VII Easements, Declarations, and Protections
7.1 Open Space Declaration
The Homeowner’s Association Covenants and Restrictions shall contain an open space
declaration covering the open space within the Developer’s Property and (to the extent
easements for such open space have been executed by Owner and, if initially placed in escrow,
released therefrom) Owner’s Property, which outline the legal mechanism for protection of the
Parks and Open Space depicted on the Parks and Open Space Plan. The intention of the open
space declaration is to protect the Property from any disturbance, cutting, clearing, or other work
that is not consistent with the Restoration and Management Plan requirements identified in
Exhibit F and the phase-specific Restoration and Management Plans approved by the City under
Section 7.2 below.
7.2 Open Space Easement
Owner shall provide the City with a perpetual open space easement, which shall be free
and clear of all liens and encumbrances at the time of release of the easement from escrow and
recording of the same, over those areas of Outlots A, C, E, F, G, H, K, L, M, N and O as
identified in the approved Preliminary Plat that are to remain undisturbed by property owners.
Initially, such easement shall be in “blanket” form in that it will cover the entirety of the outlots
referenced above. However, such easement shall provide that the parties will confine the
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boundaries of the easement area as each such outlot is further subdivided, and shall contain, as an
exhibit, a depiction of the currently-proposed open space easement areas. The parties
acknowledge that the exact dimensions of the open space easement on each outlot will not be
determined until the platting and subdivision of such outlot. The parties shall cooperate in good
faith to amend the open space easement as to each outlot, as and when further subdivided, to
confine the open space easement as agreed upon by and among the parties. The terms and
conditions of the open space easement shall be approved by the City prior to recording and, at a
minimum, shall permit the City to utilize the above-referenced outlot areas in a manner
consistent with the Parks and Open Space Plan set forth in Exhibit D hereof. Developer shall
submit to the City, with each phase of development, a Restoration and Management Plan for that
phase and City shall approve the Plan. Prior to the issuance of a grading permit for work within
a given outlot, Owner is permitted to allow farming within the outlot, provided no manure,
biosolids, or other offensive-smelling fertilizers are used. The City may, upon 6 months written
notice, request the termination of all farming activity on any given outlot. The open space areas
shall be platted as separate outlots, and the Homeowner’s Association Covenants and
Restrictions shall prohibit any disturbance, cutting, clearing, or other work within the open space
that is not expressly permitted by the Restoration and Management Plan. Until the respective
parcels in which such open space areas are platted, Owner shall retain the right to farm the lands
covered by the proposed easement and the right to perform grading pursuant to grading permits
approved by the City.
7.3 Drainage and Utility Easements
Standard drainage and utility easements in accordance with City requirements will be
established on all lots and dedicated to the public on the final plat of each phase of the
Development consistent with the approved Preliminary Plat or as otherwise agreed upon by and
between the City and Developer. In addition, Owner will grant to the City and place in escrow
drainage and utility easements across portions of Outlots E, G and K as depicted and described in
Exhibit I and as would be necessary to construct the drainage outlet referenced in Section 5.2
hereof, as well as drainage and utility easements over the rights of way of Crane Drive,
Watermark Way from Crane Drive to 20th Avenue North, and Forest Lane from Watermark Way
to the north border of the Public Park. The legal description for the drainage and utility
easements may be modified by Developer and the City to match the separate outlots shown on
the final plat of each phase of the Development.
7.4 Trail Easements
The Developer shall provide the City with trail easements over all proposed public trails
with each phase. Such easements shall be no less than 20 feet in width based on trail centerline.
Article VIII Parks and Park Dedication
8.1 Cash in Lieu Contribution
The Developer shall pay a cash fee in lieu of park dedication at the time of subdivision
approval of each phase. The present fee in lieu of park dedication is $3,000.00 per residential
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unit, but Developer acknowledges the City adjusts the charge from time to time, and Developer
is responsible for payment of the per unit fee in place at the time of approval of a particular
phase. Upon release of the deed for the Public Park from escrow and recording of the deed, as
described in Section 8.2, Developer and/or Owner, as the case may be, shall either be (i) credited
park dedication fees in an amount equal to the fair market value of the unplatted land as of the
date of this Agreement or (ii) if no additional park dedication fees are then due, paid such fair
market value in cash; such credit or cash payment will be made to the party, whether Developer
or Owner, which owns such land at the time the deed therefor is released from escrow, as
provided in Section 1.4.l. above or otherwise as agreed upon in writing between Owner and
Developer. The Developer and Owner shall advise the City of their agreement as to credit for
the Public Park. The parties agree that the fair market value of the Public Park shall be based on
an appraisal or appraisals. Developer shall also be given credit in an amount equal to the land
value of the private parks within the Development as of the date of Final Plat approval for that
phase. Said credit shall be provided upon recording of the final plat for such phase. Developer
will also be given a credit for the cost of purchasing and installing gravel base and asphalt for the
trail construction. Said credits shall be provided upon recording of the final plat for such phase.
The credits for the private parks and the trail construction shall be based on the fair market value
of the land as of the date of this Agreement, and shall be delineated in future phase specific
development agreements.
8.2 Public Parks and Improvements
The Development includes one Public Park, which shall be deeded in fee to the City at
the time of the final plat for the first phase of the Development. The deed shall be placed in
escrow, to be released to the City for recording after the City’s award of a contract for the Outlet
referenced in Section 5.1 hereof and upon direction of the City to the Escrow Agent. At the time
of release, the property for the Public Park shall be free and clear of all liens and encumbrances.
A Master Plan for the Public Park has been developed by the City as shown on Exhibit D, Page
12, Public Park Conceptual Layout. The cost of developing the Public Park shall be paid by the
City, except for grading as set forth below.
a.In addition to deeding the Public Park to the City, the Developer agrees to make
improvements to the Public Park consistent with the Grading Plan, and including soil corrections
as determined by the City. Grading of the park areas shall be in conformance with the plan.
Once the as-built demonstrates conformance to plan, Developer’s obligations relating to grading
of the Public Park shall be considered met. Any financial securities relating to the Public Park
shall be released at that time.
b.In addition to delivering a deed to the Public Park into escrow, the Owner shall
concurrently deliver into escrow an access easement connecting the Public Park to 20th Avenue
North in a location acceptable to City.
8.3 Public Trails
Approximately 3.35 miles of public trail will be constructed throughout the
Development as depicted on the Parks and Open Space Plan. Easements shall be granted as
described in Section 7.4, at no cost to the City, at the time of final plat of each phase of the
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Development. The general location of paved trails shall comply with the Parks and Open Space
Plan and shall be constructed within the public easements at the sole expense of the Developer,
subject to the credit provisions of section 8.1.
Trails shall be completed within 18 months of granting of a certificate of occupancy by the City
for the first home in that phase, excluding model homes, or prior to acceptance of the subdivision
improvements in that phase, whichever occurs first. The land and trails within public easements
shall be maintained by the City. All trails will be field-located in consultation between the
Developer and the City and located in outlots, rights of way or easements. It is understood that
the final locations of the trails may be adjusted to take into account topography and vegetation.
If any public trails have been constructed outside previously granted easements, amendments to
easements may be required by the City to ensure that they are fully within the easement area.
Granting of amendments to easements due to location changes shall not be unreasonably
withheld, conditioned or delayed.
8.4 Private Parks and Open Space
The Developer shall provide private parks and open space in accordance with the Parks
and Open Space Plan of the Agreement. These areas shall be indicated as outlots on the final plat
for the appropriate phase, and shall be owned and maintained by the Homeowner’s Association.
These areas may vary in size from that shown on the Parks and Open Space Plan in accordance
with the Core Values specified in Section 4.3 of this Master Agreement, and as may otherwise be
requested by Developer and approved by the City as reflected in final plat approvals of specific
phases.
Improvements to the private parks and open space areas shall be set forth in the approved
Parks and Open Space Plan and the Landscaping Plan. Improvements in these areas are subject
to review by the City through its site plan review process, but flexibility may be allowed based
on the needs of the community in a given phase at the time of construction. All natural and built
improvements to the private parks and open space shall be completed in accordance with the
approved Parks and Open Space Plan and the Landscape Plan and shall be constructed prior to
final acceptance of the phase of the Development that includes such private parks and open
spaces.
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Article IX Club House
9.1 Site Plan Approval
The Developer shall construct a private club house for the use of the residents of the
Development once 518 building permits have been issued for the Project. Outlot I of the
Preliminary Plat has been identified as the location by the Developer on the Plans and is
generally acceptable to the City. Formal approval will be granted through a site plan review at
the time the Developer constructs the club house. Although the City retains its full legal
discretion with regard to review of the plan for the club house, approval by the City will not be
unreasonably withheld, conditioned or delayed if plans for the private clubhouse are consistent
with the Plans, as shown in Exhibit D, page 27, HOA Center Concept. The private clubhouse
shall be for the sole use of residents of the Development who are members of the Homeowners
Association created by Developer.
Article X Fees and Credits; Payment Phasing
10.1 Trunk Sewer Connection Fees
The City has established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure. The Trunk Sewer Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge for a particular phase shall be paid at the time of subdivision
approval of that phase. The present trunk sewer charge is $1,505.00 per unit, but
Developer acknowledges the City adjusts the charge annually, and Developer is
responsible for payment of per unit fee in place at the time of approval of a
particular phase.
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval of a particular phase. Fees are based on the number of
sanitary access charge (SAC) units assigned by Metropolitan Council
Environmental Services (MCES). Residential uses shall be assigned one unit per
dwelling unit unless otherwise noted by MCES. The present availability is $1,408
per unit, but Developer acknowledges the City adjusts the charge annually, and
Developer is responsible for payment of the per unit fee in place at the time of
approval of a particular phase.
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services.
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A credit to Developer will be allowed by the City for oversizing and overdepth of
sanitary sewer system to serve other properties as reasonably determined by the
City Engineer in consultation with Developer’s engineer.
The specific amounts due for trunk and availability charges for each phase of the
Development will be confirmed in the subdivision agreement for such phase.
10.2 Trunk Water Connection Fees
The City has established trunk water connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Water Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge for a particular phase shall be paid at the time of subdivision
approval of the phase. The present Water Trunk Charge is $2,162 per unit, but the
Developer acknowledges the City adjusts the charge annually, and Developer is
responsible for payment of the per unit fee in place at the time of approval of a
particular phase.
Availability Charge
The availability charge for a particular phase shall be paid at the time of
subdivision approval of that phase. The present Availability Charge is $1,360.00
per unit, but the Developer acknowledges the City adjusts the charge annually,
and Developer is responsible for payment of the per unit fee in place at the time of
approval of a particular phase.
A credit to Developer will be allowed by the City for upsizing of water main to
serve other properties as reasonably determined by the City Engineer in
consultation with Developer’s engineer.
The specific amounts due for trunk and availability charges for each phase will be
confirmed in the subdivision agreement for such phase.
10.3 Surface Water Management Fee
The City has established a fee to uniformly distribute the costs of public trunk
surface water infrastructure and water quality improvements. The Surface Water
Management Fee is based on developable acreage, which, for the entire Development, is
determined to be 302.99 acres, calculated as follows:
Acres Square Feet
Gross Acres 372.24 16,214,774.40
Wetlands1 (23.08) (1,005,365)
Public Open Space2 (13.24) (576,734)
{00149157 12} 20.
CSAH 54 ROW (5.46) (237,837.60)
Public Park (5.46) (237,837.60)
Lake (22.01) (958,755.6)
Total Net Developable
Acres 302.99 13,198,244
1Includes mitigation
2 WMC and WCA Upland Buffer from 02/22/2016 Replacement Plan
The amount payable shall be $2,134,157.10 based on 280.15 acres of Single Family
residential land at $6,865.00 per acre and 22.84 acres of multi-family residential land at
$9,235.00 per acre.
A credit to Developer will be allowed by the City for upsizing of storm sewer from
Outlot E to Outlot K to serve other properties as reasonably determined by the City
Engineer in consultation with Developer’s engineer.
Developer shall pay that portion of the total Surface Water Management Fee for the
overall development, as specified in the Development Agreement for the 1st Addition, at
the time of final plat approval of the 1st Addition. Developer shall also pay the Surface
Water Management Fee for any other additions that have received final plat approval
prior to the City levying the assessment provided under this Section.
As additional security for payment of the balance of the Surface Water Management Fee
for the Project, the City shall, upon award of the Peltier Lake outlet contract referenced in
Section 5.1 hereof, assess under Minnesota Statutes Chapter 429 the balance of the
Surface Water Management Fee against the properties as to which the Surface Water
Management Fee has not then been paid (Developer’s Property except the 1st Addition
and the entirety of Owner’s Property, as described on Exhibit H). The assessment shall be
for a 10 year term at an interest rate of 1 ½% over the City’s interest rate on the bonds
funding the Peltier Lake outlet contract. The parties shall cooperate in allocation of the
assessments. Developer shall also post a letter of credit for the principal balance of the
above-described assessments levied against Developer’s Property. Likewise, Owner
shall post a letter of credit for the principal balance of the assessments levied against
Owner’s Property. The letters of credit shall remain in force until the Surface Water
Management Fee is fully paid.
When phases beyond the 1st Addition are final platted, the Developer shall pay all
outstanding assessments on the future phase property, and the letter of credit referenced
above shall be reduced accordingly.
As Developer acquires portions of the Owner’s property in the future, the City agrees to
accept a substitute letter of credit from the Developer, and release or reduce the letter of
credit from the Owner pertinent to that property acquired by Developer.
The Developer and Owner, each on their own behalf, and on behalf of future owners,
hereby waive any and all procedural or substantive objections, under Chapter 429 or
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otherwise, to the assessments set forth in this Section, including notice and hearing
requirements, and any claim that the assessments exceed the benefit to the Property. This
waiver shall be effective provided the total Surface Water Management Fee does not
exceed $2,134,157.10.
Article XI Homeowners’ Association
11.1 Homeowners’ Association Covenants and Restrictions
The Developer shall establish a Master Homeowners’ Association (the “HOA”) for all
phases of the Development and has submitted the Master Homeowners’ Association Covenants
and Restrictions to the City Attorney for review. The Master Homeowners’ Association
Covenants and Restrictions shall, among other matters, provide for the collection of annual dues
for the HOA’s maintenance obligation for the open space, restoration, wetland and buffer, and
storm water treatment areas (collectively, the “Open Space”) within each phase of the
Development, together with reasonable reserves. The Master Covenants and Restrictions shall
provide that the City has the right to perform maintenance of the Open Space if the HOA fails to
do so in compliance with applicable rules and regulations, and allow for the City to assess a lien
or a Minn. Stat. Ch. 429 special assessment against the homesites for work which was to be paid
for by the HOA dues. Homeowners’ Association Covenants and Restrictions applicable to each
phase will be submitted at the time of final plat approval of each phase, and the City shall have
the right to review and to approve those portions of the Covenants and Restrictions for each
Community within the Development that are required by the terms of this Agreement. Any
amendments to the Master or Community Covenants impairing the rights of the City shall be
approved by the City Attorney. The Developer may create sub-HOA’s for distinct areas of the
Development. The Developer and Owner hereby waive, on their own behalves and on behalf of
future owners, any procedural or substantive challenge to assessments under this section.
11.2 Maintenance of Neighborhood and Community Association Common Areas
All improvements, turf, and landscaping located in or on common areas, boulevards,
rights-of-way, open space, Association-maintained streets, and Association easements on private
homesites shall be maintained by an Association formed by the Developer. The Covenants and
Restrictions shall provide that the Association designated as the entity responsible for
maintenance of a particular matter or feature fails to meet its maintenance obligations, the City
may, but is not obligated to provide for maintenance of that matter or feature and may specially
assess the costs of maintenance to individual lot owners as provided for in the Association
Covenants, may file a lien as provided for in the Covenants, or may specially assess the costs to
individual lots under Minn. Stat. Ch. 429. The Developer and Owner, hereby waive, on their own
behalves and on behalf of future owners, any procedural or substantive challenge to assessments
under this section. All Covenants for the Project shall include language consistent with this
section.
Article XII Environmental Matters
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12.1 Alternative Urban Areawide Review (AUAR)
The City approved an Alternative Urban Areawide Review in 2006, an AUAR Update on
April 18, 2011, and June 29, 2015. The AUAR detailed environmental conditions and specified
required mitigation measures regarding the Property. The Plan complies with the applicable
mitigation measures specified in the AUAR,
12.2 Wetlands Mitigation, Buffering and Monitoring
a. The Developer has proposed permanent wetland impacts totaling 9.454 acres.
Mitigation obligations for the Development total 13.03 acres. The impacts will be
mitigated in accordance with the Wetland Permit Application (the “Application)
dated 02/22/2016 as shown on Exhibit E, subject to approval of the LGU.
Mitigation for this impact will consist, generally, of restoration and creation.
b. The Developer may choose to purchase wetland bank credits to offset the required
mitigation requirements under WCA, however, in no case shall the total number
of restoration and wetland creation acres proposed in the Application be reduced
without approval of the City. Restoration will be conducted in the same phase of
the Development as the wetland impacts occur. A five-year monitoring report
from the time of completion of the work is required for each phase.
c. Prior to construction of the first phase of the Development impacting wetlands,
the Developer will be required to submit to the City or LGU, if applicable, a letter
of credit in the amount of the expected costs of the work covered by the letter of
credit, to be held until certification of a successful replacement and monitoring
plan.
d. Wetland buffers are required in accordance with the Wetland Mitigation Plan for
the Development. All buffers shall be maintained as part of the Park and Open
Space Plan and must be designated with the establishment of a wetland buffer
monument in accordance with City and RCWD policy. Wetlands and buffer areas
located within protected open space that is already signed as such will not require
additional signage.
Article XIII Miscellaneous
13.1 Notices
Any notice or correspondence to be given under this Master Agreement shall be deemed to
be given if delivered personally or sent by United States mail, postage prepaid, certified mail, return
receipt requested:
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a. as to Developer: US Home Corporation
Attn: Joe Jablonski
16305 36th Ave. North, Suite 600
Plymouth, MN 55446
With a required copy to: Lennar Corporation
Attn: Phil Wolf, Region Counsel
3030 N. Rocky Point Dr. W.
Tampa, FL 33607
b. as to Owner: Mattamy Minneapolis LLC
4901 Vineland Road, Suite 450
Orlando, FL 32811
Attn: Jeffrey Parks, Vice President
With a required copy to: Mattamy Minneapolis LLC
4901 Vineland Road, Suite 450
Orlando, FL 32811
Attn: Leslie C. Candes, Vice President
c. as to City: City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
ATTN: City Administrator
with a copy to: Jay Squires
Rupp, Anderson, Squires & Waldspurger
333 South Seventh St., Ste. 2800
Minneapolis, MN 55402
or at such other address as any party may from time to time notify the others in writing in
accordance with this Section 15.1. The Developer and Owner shall each notify the City if there is
any change in its respective names or legal status.
13.2 Agreement Runs with the Land
This Master Agreement shall run with the Property and shall be recorded against the title
thereto and shall be binding against any successor owners of the Property. The Property shall
not be developed except in compliance with this Agreement. The Developer covenants with the
City, its successors and assigns, that the Developer has fee title to all of the Developer’s
Property, that there are no unrecorded encumbrances or interests relating to the Developer’s
Property and that the Developer will indemnify and hold the City harmless for any breach of the
foregoing covenants. The Owner covenants with the City, its successors and assigns, that the
Owner has fee title to all of the Owner’s Property, that there are no unrecorded encumbrances or
interests relating to the Owner’s Property and that the Owner will indemnify and hold the City
{00149157 12} 24.
harmless for any breach of the foregoing covenants. Notwithstanding anything to the contrary
contained herein, (i) Owner consents to the terms of this Agreement and the recording thereof
against the Owner’s Property and (ii) Owner acknowledges and agrees that, in the event
Developer fails to or elects not to exercise the option to acquire any portion of the Owner’s
Property in accordance with the terms of the Developer Option Agreement (the “Developer
Option”) and, as a result, the option granted to Developer therein shall expire, lapse or otherwise
terminate, the further development of the portion of the Owner’s Property as to which the
Developer Option has terminated shall be governed by the terms hereof. In the event either
Owner or a successor developer shall desire to develop any portion of the Owner’s Property,
such party shall, as a condition to the issuance of any further permit, consent or approval from
the City for or relating to the development of the Owner’s Property or the construction of homes
thereon, assume, pursuant to an assumption agreement acceptable to the City in its reasonable
discretion, the obligations of Developer hereunder with respect to the portion of the Owner’s
Property as to which the Developer Option has terminated, including without limitation the
posting of all security required hereunder, prorated equitably based on the portion of the Owner’s
Property then proposed to be developed.
13.3 Representatives Not Individually Liable; Indemnification
The City and its officers, agents, servants and employees shall not be liable for any
damage or injury to the Developer, or its successors, transferees, or assigns, or its officers,
agents, servants or employees, or the Property, due to any act of negligence by any person other
than the officers, agents, servants and employees of the City. No officer, agent or employee of
the City shall be personally liable to the Developer, or any successor in interest, in the event of
any default or breach by the City on any obligation or term of this Master Agreement. Developer
shall defend, indemnify, and hold the City and its officers, agents, and employees harmless from
any and all claims, demands, suits, actions, attorney’s fees, or other proceedings arising or
purportedly arising from Developer’s negligent or otherwise wrongful actions or inactions under
the terms of this Agreement. Owner shall defend, indemnify, and hold the City and its officers,
agents, and employees harmless from any and all claims, demands, suits, actions, or other
proceedings arising or purportedly arising from Owner’s negligent or otherwise wrongful actions
or inactions under the terms of this Agreement. Furthermore, the deeds and easements required
to be escrowed hereunder shall convey the fee or easement, as the case may be, free and clear of
any prior liens or encumbrances, and the Owner or Developer, as the case may be, shall defend,
indemnify and hold the City harmless from any and all liens or encumbrances.
The Developer and its successors, transferees or assigns, or its officers, agents, servants
and employees shall not be liable for any injury to the City, its officers, agents, servants or
employees, due to any act of negligence by any person other than the Developer, its successors,
transferees or assigns or its officers, agents, servants and employees. No officer, agent, servant
or employee of the Developer or Owner shall be personally liable to the City or its officers,
agents, servants or employees in the event of any default or breach by the Developer or Owner of
any obligation or term of this Master Agreement.
13.4 Insurance
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As will be specified in each Subdivision Agreement with regard to the applicable phase
of the Development, the Developer or its general contractor shall take out and maintain until one
year after the City accepted the Developer 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 or general contractor’s work, as the case may be, 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; limits
for property damage shall be not less than One Million and no/100 ($1,000,000.00) Dollars for
each occurrence; or a combination single limit policy of Two Million and no/100
($2,000,000.00) 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 its general contractor 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 days advance written notice of the cancellation of the
insurance. The certificate may not contain any disclaimer for failure to give the required notice.
13.5 Reimbursement of Costs
The Developer agrees to pay the City for its actual costs and expenses in
reviewing the Plans and in granting the City Approvals, including the drafting and
negotiation of this Master Agreement and related documents and agreements.
The Developer agrees to establish a non-interest bearing escrow account with the
City in an amount reasonably determined by the City Administrator or his
designee for the payment of all costs incurred by the City related to the
development of the Subdivision. The City Administrator will provide Developer
with the basis on which the amount is determined in reasonable detail. The
amount shall be determined at the time of final plat approval for each phase. The
Developer agrees to reimburse the City for the actual cost incurred in the
enforcement of any provision of this Master Agreement, including reasonable
engineering and attorneys’ fees, but only in the event the Developer is found to be in
default of its obligations beyond a cure period defined in Section 13.11 of this
Master Agreement. Upon request of the Developer, the City shall provide detailed
information describing the actual costs incurred by the City and for which it is
seeking reimbursement from the Developer.
13.6 Severability
In the event that any provision of this Master Agreement shall be held invalid, illegal or
unenforceable by any court of competent jurisdiction, such holding shall pertain only to such section
and shall not invalidate or render unenforceable any other provision of this Master Agreement.
13.7 Counterparts
This Master Agreement may be executed simultaneously in any number of counterparts,
each of which shall be an original and shall constitute one and the same Master Agreement.
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13.8 Governing Law
This Master Agreement shall be governed by and construed in accordance with the laws
of Minnesota.
13.9 Non-waiver
Each right, power or remedy conferred by this Master Agreement is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter arising, or
available at law or in equity, or under any other agreement. Each and every right, power and
remedy herein set forth or otherwise so existing may be exercised from time to time as often and
in such order as may be deemed expedient and shall not be a waiver of the right to exercise at
any time thereafter any other right, power or remedy. If either party waives in writing any default
or nonperformance by the other party, such waiver shall be deemed to apply only to such event and
shall not waive any other prior or subsequent default.
13.10 Headings
The subject headings of the sections of this Master Agreement are included for purposes
of convenience only, and shall not affect the construction or interpretation of any of its
provisions.
13.11 City’s Remedies Upon Default
If the Developer or Owner fails to perform one or more of its obligations under this
Master Agreement or fails to abide by one or more restrictions this Master Agreement imposes
on the Developer or Owner, the City shall give the Defaulting party notice of the default and the
Defaulting party shall have 30 days to cure the default or such additional time as reasonably
needed to cure the default provided curative work has substantially commenced within 30 days
of receipt of actual notice from the City and the Defaulting party is exercising reasonable
diligence in pursuing cure of the default. If the Defaulting party does not cure the default within
the required period or such longer period as may be necessary if the default may not reasonably
be cured within such period, then the City may avail itself of any remedy afforded by law and
any of the following non-exclusive remedies.
a. the City may specifically enforce this Master Agreement, including without
limitation, the use of temporary restraining orders, temporary injunctions and
permanent injunctions;
b. the City may suspend any work, improvement or obligation to be performed by
the City until the City receives assurances from the Defaulting party, deemed
adequate by the City in its sole discretion, that the Defaulting party will cure its
default and continue its performance under the Master Agreement;
c. the City may collect on any Financial Guarantees provided by the Defaulting
party pursuant to this Master Agreement or any phase-specific subdivision
{00149157 12} 27.
agreement, to the extent necessary to cure the default and, if the security is a
Letter of Credit, the City may draw on the Letter of Credit for any amount up to
the full amount of the Letter of Credit. The Defaulting party shall be provided
written notice and given 10 days to cure identified issues prior to a City draw on
Letter of Credit or exercise of any other remedy. If the City elects to perform
obligations of the Defaulting party, the City may withdraw from said account and
retain an amount equal to the total amount of the costs and expenses which the
City incurs in connection with the performance of such obligations. If the City
elects to perform obligations of the Defaulting party under this Master Agreement
or any subdivision agreement, Defaulting party is entitled to recover from the City
any balance of the proceeds of the Letter of Credit remaining after the City has
reimbursed itself for all costs and expenses which the City incurs in connection
with the full performance of the Developer’s obligations and Defaulting party is
liable to the City for the amount by which the costs and expenses which the City
incurs in connection with the performance of the Defaulting party’s obligations
under this Master Agreement or any phase-specific subdivision agreement exceed
the proceeds of the Letter of Credit;
d. the City may deny building permits for buildings and may withhold approval of
any new phase proposed by the Developer, until the default is cured;
e. the City may at its sole option and in the case of a Developer breach perform the
work or improvements to be performed by the Developer, in which case the
Developer shall within 30 days after written billing by the City reimburse the City
for any costs and expenses incurred by the City. Alternatively, the City may
specially assess the cost and expenses against any and all of Developer’s Property
and Developer waives all procedural and substantive objections to the assessment.
f. If the Defaulting party’s default is the failure to perform one or more of its
monetary obligations under this Master Agreement, the City may commence an
action against the Defaulting party for monetary damages.
Notwithstanding anything else in this Section 13.11 to the contrary, if the Defaulting
party’s default is the failure to obtain an extension or renewal of a Letter of Credit or a
replacement Letter of Credit within 30 days of the date an existing Letter of Credit will expire or
if applicable law prevents the City from giving the notice of default described in this Section
13.11, the City may exercise the remedies described above without prior notice to the Defaulting
party and without the Defaulting party having an opportunity to cure the Defaulting party’s
default. If the City draws on a Letter of Credit as a result of the Defaulting party’s failure to
provide an extension or renewal of a Letter of Credit or a replacement Letter of Credit the City
may use the proceeds of the Letter of Credit in the same manner and to the same extent the City
may use proceeds of a draw on a Letter of Credit and will remit unused proceeds of the Letter of
Credit to the Defaulting party upon the Defaulting party’s delivery to the City of a new Letter of
Credit in the form and in the amount this Master Agreement or any phase-specific subdivision
agreement requires. Further notwithstanding anything else in this Section 13.11 to the contrary,
in the event that (i) the Developer Option lapses, expires or is terminated as to any portion of the
{00149157 12} 28.
Owner’s Property and (ii) Owner or a successor developer of a portion of the Owner’s Property
assumes the obligations of Developer hereunder pursuant to an assumption agreement acceptable
to the City in its reasonable discretion, Owner or such successor developer shall not be deemed
in default hereunder as a result of any then-uncured or future default by Developer. In addition,
the City shall not condition the issuance or granting of any permit, approval or consent requested
by Owner or a successor developer with respect to any portion of the Owner’s Property on the
curing by Developer of any then-existing default by Developer hereunder.
13.12 Developer’s Remedies Upon Default
If the City defaults in the performance of any of its obligations under this Master
Agreement, the Developer shall give the City notice of such default and the City shall have 30
days to cure the default. If the City, after the notice to it by the Developer, does not cure the
default within such 30 day period, or such longer period as may be necessary if the default may
not reasonably be cured within such 30 day period, provided curative work has substantially
within 30 days of receipt of actual notice from Developer and City is exercising reasonable
diligence in pursuing cure of default, the Developer may avail itself of any remedies afforded by
law and any of the following non-exclusive remedies:
a. the Developer may specifically enforce this Master Agreement, including without
limitations the use of temporary restraining orders, temporary injunctions and
permanent injunctions;
b. the Developer may suspend its performance under this Master Agreement until it
receives assurances from the City, deemed adequate by the Developer at its sole
discretion, that the City will cure its default and continue performance under this
Master Agreement;
c. the Developer may terminate or cancel and rescind this Master Agreement and
terminate and recover any Financial Guarantees held by the City; and
d. if the City’s default is the failure to perform one or more of its monetary
obligations under this Master Agreement, the Developer may commence an action
against the City for monetary damages.
13.13 Amendments
Any amendment to this Master Agreement shall be in writing and signed by all parties.
13.14 Disclaimer of Relationship
Nothing in this Master Agreement nor any act by the City or the Developer or Owner
shall be deemed or construed by the Developer or by any third party as creating any relationship
of third-party beneficiary, principal/agent, limited or general partner or joint venture between the
Developer and Owner and the City.
{00149157 12} 29.
13.15 Certificate of Completion
Each individual homesite within the Development shall be deemed released from the
obligations of this Agreement and this Agreement may be disregarded as to such homesite upon
substantial completion of the homesite without further action by City or Developer and without
need to record a separate release. Substantial completion will occur when the City issues a
certificate of occupancy for the homesite. Such certification by the City shall be a conclusive
determination of satisfaction and termination of the agreements and covenants in this Agreement
as to such homesite. The City agrees to provide to the Developer a final certificate of completion
and release once the City determines that all obligations of the Developer and Owner under this
Agreement have been fully performed and all warranty periods for which Developer has
deposited a financial guaranty have expired.
{00149157 12} 30.
SIGNATURES
U.S. HOME CORPORATION
By: __________________________
Its: __________________________
MATTAMY MINNEAPOLIS, LLC d/b/a MATTAMY HOMES
By: __________________________
Its: __________________________
CITY OF LINO LAKES
By: _________________________
Mayor Jeff Reinert
Attest:
___________________________
Julie Bartell, City Clerk
16407625v2
EXHIBIT A-1
Legal Description of Owner’s Property
EXHIBIT A-2
Legal Description of Developer’s Property
EXHIBIT B
List of Plan Documents
Watermark Plan Set prepared by Carlson-McCain revision date August 27, 2018
containing:
o Sheet 1, Cover
o Sheet 2, Existing Conditions
o Sheet 3, Preliminary Plat Index
o Sheets 4-18, Preliminary Plat
o Sheets 19-22, Site & Utility Plan
o Sheets 23-42, Preliminary Grading and Erosion Control Plan
o Sheets 43-45, Details
o Sheets T1-T15, Tree Preservation Plan
o Sheets L1-L12, Landscape Plan
o Sheets I1-I7, Irrigation Plan
o Sheet F1-F2, Floodplain Exhibit
o Sheet R1, Resource Inventory
EXHIBIT C
Preliminary Plat
161718141311129874515106 SITE DATA BENCHMARKSPRELIMINARY PLATINDEX SHEET3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp-index.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of Minnesotaof453LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.3/23/18403613/23/18TRBJABRevisions:06/01/18 Revise Block 21.08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
20TH AVENUE NORTH (C.S.A.H. NO. 54) 20TH AVENUE NORTH (C.S.A.H. NO. 54) CRANECRANE DRIVECRANE DRIVE21ST AVENUE N.BALSAM WAYBAL
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M SEE SHEET 5 OF 45 SHEETSSEE SHEET 9 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaThomas R. Balluff, L.S.PRELIMINARY PLATof454LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.JABTRB403613/23/183/23/18
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SEE SHEET 4 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaThomas R. Balluff, L.S.PRELIMINARY PLATof455JAB40361TRBLENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 554463/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
SEE SHEET 7 OF 45 SHEETS
SEE SHEET 5 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof456LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
WATERMARK WAYJOHANNA CIRCLE SEE SHEET 12 OF 45 SHEETS
SEE SHEET 6 OF 45 SHEETSSEE SHEET 8 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof457LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
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SEE SHEET 5 OF 45 SHEETSSEE SHEET 9 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof458LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
20TH AVENUE NORTH (C.S.A.H. NO. 54) 20TH AVENUE NORTH (C.S.A.H. NO. 54) EDEN CIRCLEWAYCRANE DRIVEDIAMOND LANEFOREST LANE
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20TH AVENUE NORTH (C.S.A.H. NO. 54) 20TH AVENUE NORTH (C.S.A.H. NO. 54) CIRCLEEDEN CIRCLEFOREST LANEFOREST
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EMILYSEE SHEET 11 OF 45 SHEETSSEE SHEET 15 OF 45 SHEETS
SEE SHEET 9 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4510LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
WATERMARK WAYCRANE DRIVEW
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SEE SHEET 8 OF 45 SHEETSSEE SHEET 10 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4511LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
LOTUS LANEKORONIS CIRCLEW
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SEE SHEET 11 OF 45 SHEETSSEE SHEET 7 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4512LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
LOTUS LANEMILLE LACS LANEPEPIN DRIVEL
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SEE SHEET 14 OF 45 SHEETSSEE SHEET 12 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4513LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
MILLE LACS LANENORWAY LANE MILLE LACS LANELOTUS
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SEE SHEET 17 OF 45 SHEETS
SEE SHEET 13 OF 45 SHEETSSEE SHEET 15 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4514LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
20TH AVENUE NORTH (C.S.A.H. NO. 54) NORWAY LANENORWAY LANEWATE
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SEE SHEET 14 OF 45 SHEETSSEE SHEET 16 OF 45 SHEETS
SEE SHEET 10 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4515LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
20TH AVENUE NORTH (C.S.A.H. NO. 54) NORWAY LANERAINY LANEOSAKIS STREETVICTORIA CIRCLE
SEE SHEET 15 OF 45 SHEETS SEE SHEET 17 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4516LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.Revisions:06/01/18 Revise Block 21.08/07/18 City Comments.08/27/18 Update Street Names per City Comments.40361TRBJAB3/23/183/23/18
SWAN STREETRAINY LANETRAVERSE DRIVELOTUS LANE
PEPIN DRIVESEE SHEET 16 OF 45 SHEETSSEE SHEET 18 OF 45 SHEETSSEE SHEET 14 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4517LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:06/01/18 Revise Block 21.08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
SWAN STREETTRAVERSE DRIVE
TRAVERSE DRIVE
PEPIN DRIVESWAN STREET
PEPIN DRIVE
SEE SHEET 13 OF 45 SHEETSSEE SHEET 17 OF 45 SHEETS3890 Pheasant Ridge Drive NE,Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comWATERMARKLino Lakes, Minnesotaf:\jobs\6721 - 6740\6731 - watermark\cad c3d\survey\prel. plat\6731_prp.dwgSave Date:08/27/18Print Name:Signature:Date:License #:Drawn:Designed:Date:environmentalengineeringsurveying···I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPRELIMINARY PLATof4518LENNAR16305 - 36th Avenue N. Suite 600Plymouth, MN 55446Thomas R. Balluff, L.S.40361TRBJAB3/23/183/23/18Revisions:08/07/18 City Comments.08/27/18 Update Street Names per City Comments.
EXHIBIT D
PUD Master Plan Booklet (includes Parks and Open Space Plan)
PUD MASTER PLAN BOOKLET
August 31st, 2018
Developer - Lennar Corporation
16305 36th Ave N Ste 600
Plymouth, Mn United States
T. 952.249.3014
Contact: Joseph Jablonski
Site Planning / Surveyor / Engineer - Carlson McCain
3890 Pheasant Ridge Drive Suite 100
Blaine, MN 55449
Tel: 763-489-7900
info@carlsonmccain.com
Table of Contents
Introduction
Existing Conditions Plan
Guide Plan and Zoning
Approved Land Use Plan
Concept Grading Plan
Overall Sanitary Sewer Main Line Plan
Overall Watermain Plan
Overall Water Drainage Plan
Parks and Open Space Plan - Sidewalks and Trails
Public Park Conceptual Layout
Roadway Plan
Typical Street Sections
Phasing Plan - Utility
Phasing Plan - Grading
PUD Development Standards
Development Standards: Single Family
Development Standards: Attached Townhomes
Back to Back Homes
Entrance Monuments
Potential Bridge Design
Berm Sections
HOA Center Concept
High Visibility Location Map
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Lennar Homes is pleased to submit our PUD Master Plan & Standards
and Preliminary Plat for Watermark Development to the City of Lino
Lakes, Mn.
Watermark is located in the northwest quadrant of I-35E and County
Road 14/Main Street. Its boundaries encompass 12 parcels totaling
approximately 372 gross acres.
Since 1954, we’ve had the privilege of helping hundreds of thousands
of families across America move into the next stage of their lives with a
new home. We build homes in some of the most desirable cities in the
nation and for all stages of your life: first home, move-up home, or a
multigenerational home to accommodate your changing family needs.
Our communities cater to all lifestyles and include urban, suburban,
active adult and golf course living.
Respectfully,
Joe Jablonski
Lennar
Page 2
Existing Conditions Plan
Total Site Area +/- 372.24 ac
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Vegetation
Main Drain Tile
Page 3
Guide Plan and Zoning
Guide Plan - Mixed Use
Zoning - PUD, Planned Unit Development
Page 4
Overall Concept
Land Use Plan
Page 6
Concept Grading Plan with Spot Elevations
PrivatePark
PrivatePark
Private Park
PublicPark
Page 7
Overall Sanitary Sewer Main Line Plan
Legend
PrivatePark
PrivatePark
PrivatePark
PublicPark
Page 8
Overall Watermain Plan
Legend
PrivatePark
PrivatePark
PrivatePark
PublicPark
Page 9
Overall Water Drainage Plan
Legend
PrivatePark
PrivatePark
PrivatePark
PublicPark
Page 10
Parks and Open Space Plan - Sidewalks and Trails
Highway No. 35 E
20th Avenue (CSAH 54)
Highway No. 35 E
Lake
Lake
Pond PrivatePark
PrivatePark
Private Open Space
PrivatePark
PublicPark
HOA
Pond Pond
PondPondPondPond
Pond
Pond
Pond
Pond
Wetland (typical)
Wetland (typical)
Wetland (typical)
Utility E
a
s
e
m
e
nt
Wetland (typical)
Pond
20th Avenue (CSAH 54)
Legend Trails +/- 17,700 LF
Sidewalks +/- 34,000 LF
Open Space
Public Park
Private Park
Berm Berm Berm Berm
Berm
Page 11
Public Park Conceptual Layout - Master Plan as Designed by City
Page 12
Roadway Plan
Legend A 100’Corresponds to Typical Street
Section Exhibit Right Of Way Width
PrivatePark
PrivatePark
PrivatePark
PublicPark
D60’
D60’
D60’
B60’
B60’
C
D60’
B60’
D60’
D60’
C1 C1 C1 C1
B60’
D60’
D60’
D60’
D60’
F66’
E180’
B60’
E80’B60’B60’
B60’
A110’
B60’
B60’
B60’
B60’
B60’
G100’
B60’
B60’
Page 13
Typical Street Section
A
C1
B
D
C
E
Page 14
Typical Street Section
E1 F
G
Page 15
Phasing Plan - Utility
Legend Phases
PrivatePark
PrivatePark
PrivatePark
PublicPark
Page 16
Phasing Plan - Grading
Legend Phases
PrivatePark
PrivatePark
PrivatePark
PublicPark
Page 17
PUD Standards
ARCHITECTURAL DESIGN STANDARDS
Per Approved Resolution 17-133
1. The following are acceptable exterior materials and styles for both the single family homes and the townhomes:
a. Exterior Materials
i. Vinyl, aluminum or steel siding
1. If vinyl siding is used on the townhomes, engineered trim products shall also be incorporated.
ii. Brick
iii. Stone
iv. Stucco
v. Wood
vi. Engineered siding products such as LP board, Hardie board or similar
b. Styles
i. Lap siding
ii. Board and batten
iii. Shakes
2. All single family home front elevations shall include brick, stone or similar engineered product. The front elevations shall also include 2 other exterior materials, or 1 other exterior material and 2
styles. The 2 styles shall be of contrasting or complimentary colors.
3. One of the following three architectural features shall be incorporated into the single family home side and rear elevations that are visible from 20th Avenue (CSAH 54), Street A and the public
park:
a. A minimum of 4 inch window trim on side and/or rear elevations to match the dimensions of the front elevation.
b. Incorporate trim and banding in complementary colors to add interest and variety to the side and/or rear elevations.
c. Incorporate more than one exterior material and/or style on the side and/or rear elevation.
4. Garages. All single family homes shall have a double garage and shall comply with the following:
a. Compliance with the Building Type and Construction Standards of §1007.043 (2), and
b. All garages, except side or rear loaded garages, shall not protrude forward of the front wall of the house, unless the house includes a front porch that is unenclosed, a minimum of 6 feet
in depth, and extends across 100 percent of the front façade of the house. The garage shall then not protrude forward of the front porch more than 6 feet, and
c. If the garage door faces the street, the length of the garage wall facing the street shall not be greater than fifty-five percent (55%) of the length of the entire front facade of the structure;
except on houses that comply with all of the following conditions:
i. The second floor living space extends over the two-car portion of the garage; and
ii. The garage doors are decorative and have a strip of windows; and
iii. Garages in excess of two stalls shall be broken up so the additional stalls are recessed two feet from the main garage façade; and
iv. Garage width does not exceed 32 feet except on four stall garages.
5. The following minimum architectural standards shall be incorporated into the townhome neighborhood:
a. A minimum of three (3) unique building facades for each elevation of the townhomes shall be provided.
b. A table of architectural façade data shall be included for each elevation.
c. A unique building color package shall be included for each phase of development.
d. At no point shall the same color package be specified on buildings that are immediately adjacent to or directly across the road from each other.
e. A minimum of 4 inch window trim on side and/or rear elevations to match the dimensions of the front elevation.
f. In no case shall any of the required exterior materials or styles per elevation be less than 10%.
i. Any additional exterior materials and/or styles included on an elevation that exceeds the minimum requirement do not need to meet the 10 % requirement.
g. Front elevations shall include brick, stone or similar engineered product. The front elevations shall also include 2 other exterior materials, or 1 other exterior material and 2 styles. Exteri-
or materials and styles are defined above.
h. Rear elevations shall, at a minimum, have a combination of 2 exterior materials,or 1 exterior material and 2 styles. The 2 styles shall be of contrasting or complimentary colors.
i. Rear elevations shall include some vertical and horizontal trim or element to break up the longer elevation planes.
j. Side elevations facing Street A shall include brick, stone or similar engineered product. These side elevations shall also have 2 other exterior materials, or 1 other exterior material and 2
styles. The 2 styles shall be of contrasting or complimentary colors.
i. Per the Preliminary Plat, these are lots 899, 903, 904 and 808.
k. Side elevations not exposed to public roadways shall require only one exterior material.
6. Garages: All townhomes shall include, at a minimum, a double garage and shall comply with the following:
a. Garages shall be a minimum of 379 square feet.
b. Garages shall be a minimum of 18’ 3” in width.
c. Decorative garage doors with windows are required on all units.
NOTE: Architectural analysis will be conducted at each phase.
Home styles subject to change throughout the building of neighborhoods Page 18
55’- 60’ Single Family Homesites
(2 car Single Family Development)
Lot Width @ Setback (min): 55 - 60 ft.
Lot Depth (min): 130 ft.
Note: Flexibility may be allowed during PUD final plan/final plat phases to allow for
a lot depth of 120 feet only if a public value of creating open space or protecting a
natural resource is achieved.
Lot Area (min): 7,150 - 7,800 sf
Setbacks (Minimum)
Front Yard Setback: 25 ft.
Side Yard Setback (interior): 7’.5 / 7.5’ (15 ft. total)
Side Yard Setback (corner): 20-25 ft.
Rear Yard Setback: 25 ft. Primary Structure
5 ft. Deck
Max Lot Coverage: Up to 60%
Max Building Height: 35 ft.
2-Car Garage Option: 68 Lots Available
Notes:
• Fireplaces, cantilevered bump outs and AC units up to 3’ allowed into setbacks.
• No encroachment allowed within Drainage & Utility easements.
Development Standards:
Single Family
Street
Not to Scale
Curb
ROW
Boulevard
5’ Sidewalk
5’ D/U Easement
25’ Rear Setback - Primary
Structure (5’ Deck Setback)
55’- 60’ House Pad
130’ Minimum Lot Depth10’ D/U Easement
10’ D/U Easement
55’ Lot Width
7.5’ Side Setback - 55’
Minimum
Lot Areas
55’ = 7,150
60’ = 7,800
25’ Front Setback
Page 19Page 19
65’ Single Family Homesites
(3 Car Single Family Development)
Lot Width @ Setback (min): 65 ft.
Lot Depth (min): 130 ft.
Note: Flexibility may be allowed during PUD final plan/final plat phases to allow for
a lot depth of 120 feet only if a public value of creating open space or protecting a
natural resource is achieved.
Lot Area (min): 8,450 sf
Setbacks (Minimum)
Front Yard Setback: 25 ft.
Side Yard Setback (interior): 7.5’ / 7.5’ (15 ft. total)
Side Yard Setback (corner): 20-25 ft.
Rear Yard Setback: 25 ft. Primary Structure
5 ft. Deck
Max Lot Coverage: Up to 60%
Max Building Height: 35 ft.
2-Car Garage Option: Available
75’ Single Family Homesites
(3 and 4 Car Single Family Development)
Lot Width @ Setback (min): 75 ft.
Lot Depth (min): 130 ft.
Note: Flexibility may be allowed during PUD final plan/final plat phases to allow for
a lot depth of 120 feet only if a public value of creating open space or protecting a
natural resource is achieved.
Lot Area (min): 9,750 sf
Setbacks (Minimum)
Front Yard Setback: 25 ft.
Side Yard Setback (interior): 7.5’ / 7.5’ (15 ft. total)
Side Yard Setback (corner): 20-25 ft.
Rear Yard Setback: 25 ft. Primary Structure
5 ft. Deck
Max Lot Coverage: Up to 60%
Max Building Height: 35 ft.
2-Car Garage Option: Available
Notes:
• Fireplaces, cantilevered bump outs and AC units up to 3’ allowed into setbacks.
• No encroachment allowed within Drainage & Utility easements.
Development Standards:
Single Family
Street
Not to Scale
Curb
ROW
Boulevard
5’ Sidewalk
5’ D/U Easement
25’ Rear Setback - Primary
Structure (5’ Deck Setback)
65’ & 75’ House Pad
130’ Minimum Lot Depth10’ D/U Easement
25’ Front Setback
10’ D/U Easement
Lot Width Varies
65’, 75’
7.5’ Side Setback Lot
Minimum
Lot Areas
65’ = 8,450
75’ = 9,750
Page 20Page 20
Development Standards:
Attached Townhomes
28’ Private Drive
28’ Private DriveCurb
25’ Setback
Min.
10’ Setback
Min.
Setbacks (Minimums)
Front Setback to ROW / Private Drive B.O.C.: 25 ft. min. garage
20’ min. House/Porch
Side Setback to ROW / Private Drive B.O.C.: 20 ft. Primary Structure
Separation - Building to Building: 30 ft. min.
Private Drive Street Widths: 28 ft. B-B
Proposed Garage Area: 379-408 sf per unit
Private Driveway Length: 25 ft. typ. min
Off-Street Guest Parking required: 0.5 stall / unit (86 stalls)
Off-Street Guest Parking provided: (84 stalls)
Guest Parking Length: 20 ft. min.
Rear Setback - Structures 15’
Rear Setback - Patio-Setback 5’
Max. Building Ht. 35’
Total Townhome Impervious 47%
Notes:
• Fireplaces, cantilevered bump outs and AC units up to 3’ allowed into setbacks.
• No encroachment allowed within Drainage & Utility easements.
30’
Setback
Min.
10’
Setback
Min.
15’ Setback
Min.
5’ Setback
Min.
Not to Scale
Page 21Page 21
Development Standards:
Attached Townhomes
28’ Private Drive
28’ Private DriveCurb
25’ Setback
Min.
25’ Setback
Min.
10’ Setback
Min.
Setbacks (Minimums)
Front Setback to ROW / Private Drive B.O.C.: 25 ft. min. garage
20’ min. House/Porch
Side Setback to ROW / Private Drive B.O.C.: 20 ft. Primary Structure
Separation - Building to Building: 30 ft. min.
Private Drive Street Widths: 28 ft. B-B
Proposed Garage Area: 379-408 sf per unit
Private Driveway Length: 25 ft. typ. min
Off-Street Guest Parking required: 0.5 stall / unit (86 stalls)
Off-Street Guest Parking provided: (84 stalls)
Guest Parking Length: 20 ft. min.
Max. Building Ht. 35’
Total Townhome Impervious 47%
Notes:
• Fireplaces, cantilevered bump outs and AC units up to 3’ allowed into setbacks.
• No encroachment allowed within Drainage & Utility easements.
30’
Setback
Min.
10’
Setback
Min.
5’ Setback
Min.
Not to Scale
Page 22Page 22
Entrance Monuments
1
2
3
Sign Location Map
Main Entry Sign Neighborhood Entry Sign
Roundabout Entry Sign
Note: Conceptual Only - Subject to Change - Construction Plans to be Submitted with Permit
1 3
2
Page 23
Potential Bridge Design
Bridge Location Map
Front Views
Side View
Note: Conceptual Only - Subject to Change - Construction Plans to be Submitted with Permit Page 24
Berm Sections
A
B
Section
Section
C Section
Page 25
Berm Sections
D
F
Section
Section
Section
E
Page 26
Southwest View21
Exterior Image
Interior Image
HOA Center Site Plan
HOA Center Concept
Note: Example Only and Subject to Change Upon Further Site Planning at Time of Construction Page 27
High Visibility Structures/Lots and Locations
Highway No. 35 E
20th Avenue (CSAH 54)
Legend
High Visibility Structures/Lots and Locations
Highway No. 35 E
20th Avenue (CSAH 54)
Highway No. 35 E
Lake
Lake
Pond PrivatePark
PrivatePark
Private Park
PublicPark
Pond Pond
PondPondPond
Pond
Pond
HOA
Model
Homes
Pond
Pond
Pond
Wetland (typical)
Wetland (typical)
Wetland (typical)
Wetland (typical)
Pond
20th Avenue (CSAH 54)
*
Page 28
EXHIBIT E
Wetland Permit Application, Figure 15-Replacement Overview with Final
WMC Limit
Figure 15 - Replacement Overview with Final WMC Limit
Figure 15Watermark (KES 2015-002)Lino Lakes, MinnesotaNote: Boundaries indicated on this figure are approximate and do not constitute an official survey product.
0 450
Feet Stormwater Ponds
Flow Path
Wetland Boundary
WCA Mitigation
WMC Mitigation
WCA Upland Buffer
WMC Upland Buffer (Final WMC)
WCA Enhancement-WCA Mitigation112,452 sqft
WCA Enhancement137,423 sqft
WMC Mitigation95,872 sqft
WCA Mitigation287,376 sqft
WMC Upland Buffer106,811 sqft
WCA Enhancement73,504 sqft
WCA Mitigation71,078 sqft
WCA Upland Buffer237,104 sqft
WCA Upland Buffer227,401 sqft
RA2
RA3
RA1
Watermark Lake
EXHIBIT F
Restoration and Management Plan Requirements
The purpose of the Restoration and Management Plan is to ensure the establishment of native
vegetation within proposed open space areas and provide for long term vegetative management of
those areas.
Phase specific Restoration and Management Plans submitted under Section 7.2 of this agreement shall
include the following components and requirements:
Plan Preparation.
1. The Restoration and Management Plan must be prepared by a qualified company that is
approved by the City of Lino Lakes in natural area restoration and management. Company shall
have prior experience with establishment of native vegetation.
2. The plan shall provide for the establishment of native vegetation for all exposed areas in
accordance with the approved Landscaping Plan. The plan shall provide for the seeding, use of
potted and/or plugging of native grasses, sedges, rushed (graminoids) and wildflowers (forbs),
as well as, woody plantings (shrubs and trees).
Construction methods. Plans shall include the means of construction for establishment of each type of
native vegetation proposed, including seeding, plugging, and tree planting.
1. Plan shall provide for review and approval of all native seed mixes or plantings by the City of
Lino Lakes, prior to placement. Native seed mixes and/or plantings must identify the source of
native propagules. Native seed mixes must include seeds per square foot for each species
specified in the native seed mix. Any revisions to the seed specs must be approved by the City
of Lino Lakes.
2. Native Seeding Plan shall include detailed specifications for site preparation, including seedbed
preparation, weed management, and timing of seeding. Native Planting Plan including
perennial rootstock and/or woody rootstock shall include detailed specifications for site
preparation and establishment, including watering regimes.
3. The Native Seeding Plan shall provide for Seeding Methods, including site preparation, rates and
methods of seeding, mulching, timing of native seeding, weed management, and specifications
for watering.
Vegetative Management – Establishment Period (Years 1 -5)
1. Plan should provide for initial 5 year maintenance term until establishment of native vegetative
areas. Plan should address activities including watering, mulching, mowing, interseeding,
burning, etc necessary to ensure successful establishment. Plan should include provisions for
replacement of dead or failed or underperforming material.
2. Plan should include monitoring for presence of potentially problematic and/or noxious weed
and invasive species and provide for corrective actions as necessary.
3. The establishment period shall be considered complete upon certification that native material
coverage has been established over 95% of the open area.
Vegetative Management – (Post Establishment Period)
1. Plan shall include provision for submittal of a long term vegetative management component
upon completion of the Establishment period.
2. City recognizes that upon establishment of the native vegetation ongoing maintenance will
require an adaptive management approach. Coordination with the City on determination of
management methods is required.
3. Management component will need to include provisions for ongoing monitoring and
maintenance of native vegetation areas by the owner.
EXHIBIT G
Elevation Plans
EXHIBIT H
Legal Description of Properties on which Storm Water Management Fee
Balance will be Assessed
EXHIBIT I
Depiction and Description of Area of Outlot E Drainage and Utility Easement
CITY OF LINO LAKES
RESOLUTION NO. 18-145
RESOLUTION APPROVING DEVELOPMENT AGREEMENT AND PLANNED UNIT
DEVELOPMENT AGREEMENT FOR WATERMARK
WHEREAS, the City Council approved the PUD Final Plan/Final Plat for Watermark with
Resolution No. 18-143 on November 26, 2018; and
WHEREAS, the City’s subdivision ordinance and conditions of approval require the execution
of a development agreement between the Developer and the City of Lino Lakes.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Development Agreement between US Home Corporation and the City of
Lino Lakes for Watermark and authorizes the Mayor and City Clerk to execute such agreement
on behalf of the City.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
DEVELOPMENT AGREEMENT
and
PLANNED UNIT DEVELOPMENT AGREEMENT
Watermark
THIS AGREEMENT is made this _____ day of ____________, 2018, by and between the City
of Lino Lakes, a municipal corporation under the laws of Minnesota (the “City”), and U.S Home
Corporation, a Delaware corporation (the “Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
16‐51 for a plat known as Watermark (“Subdivision”). Unless otherwise stated, all terms
and conditions of this Agreement relate to work within the Subdivision.
2. Final Plat Approval. The City’s approval of the final plat of Watermark as legally
described on Exhibit A attached hereto, is contingent upon execution and delivery of this
Agreement and all required petitions, bonds, security, and documents, and satisfaction
of all conditions of approval required by Resolution No. 18‐143. The Final Plat is
attached hereto as Exhibit B.
3. Phased Development. The City may refuse to approve final plats of subsequent additions
of the subdivision if the Developer has breached this Agreement and the breach has not
been remedied. Development of subsequent phases may not proceed until Development
Agreements for such phases are approved by the City.
4. Developer Plans.
a. The Subdivision shall be developed in accordance with the following Developer
Plans, original copies of which are on file with the City Engineer. The Developer
Plans may be prepared and revised after entering into this Agreement but must
be approved by the City before commencement of any work. If the plans vary
from the written terms of this Agreement, this Agreement shall control.
b. The Developer Plans as of the date of this Agreement are:
i. Watermark construction plan set containing sheets 1‐45 L1‐6 and T1‐T7,
prepared by Carlson McCain received November 9, 2018.
ii. Watermark Final Plat containing 7 sheets, prepared by Carlson McCain
received November 9, 2018.
Watermark
Development Agreement
November 26, 2018
page 2
5. Permits. The Developer shall be responsible for securing all site grading and
development approvals and permits from all appropriate Federal, State, Regional and
Local jurisdictions prior to the commencement of site grading or construction and prior
to the City awarding construction contracts for public improvements.
6. Developer Improvements. The Developer shall secure a contractor to install these
improvements, hereinafter referred to as the “Developer Improvements,” which
contractor shall be approved by the City in its sole and absolute discretion. The cost of
Developer Improvements is as shown on Exhibit C attached hereto. All Developer
Improvements shall require City inspection and approval and, where appropriate, the
approval of any other governmental agency having jurisdiction. The Developer shall
construct and install at the Developer's expense the following improvements according
to the following terms and conditions:
a. Site Grading
i. No grading shall commence until all requirements of the Rice Creek
Watershed District (RCWD) have been satisfied.
ii. All site grading shall be conducted in accordance with the grading plan as
approved by the City and in accordance with NPDES and RCWD
requirements. The Developer shall perform the work in accordance with
a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota
Pollution Control Agency (MPCA) requirements.
b. Grading and Erosion Control
i. The Developer shall grade the site to within 0.2 foot of the grades shown
on the approved grading plan. No deviations will be allowed unless a
revised plan is submitted and approved by the City and all other
regulatory agencies.
ii. The street right‐of‐way, storm water storage ponds, and surface water
drainage ways shall be graded prior to commencement of utility
construction.
iii. The Developer shall be responsible for ascertaining that site geotechnical
and groundwater conditions are adequate and conforming with the
grading and site improvement as proposed.
iv. The Developer’s engineer shall certify in writing, with an as‐built survey,
that all grading complies with the approved grading plan prior to issuance
of any building permits.
Watermark
Development Agreement
November 26, 2018
page 3
v. The Developer shall promptly clear dirt and debris within public right‐of‐
ways and drainage and utility easements resulting from construction by
the Developer, its purchasers, builders and contractors within twenty‐
four (24) hours after notification by the City. The Developer shall be
responsible for all necessary street and storm sewer maintenance,
including street sweeping, until all home construction is completed,
unless otherwise released by the City. Warning signs shall be placed
when hazards develop in streets to prevent the public from traveling on
them, including detour signs if necessary. If and when the streets
become impassable, such streets shall be barricaded and closed. The
Developer shall maintain a smooth, hard driving surface and adequate
drainage on all temporary streets.
c. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base course and wear course shall be furnished and installed.
d. Sidewalks, paths and street lighting as required by the City shall be furnished and
installed.
e. Storm sewers, when determined to be necessary by the City Engineer, including
all necessary laterals, catch basins, inlets and other appurtenances, shall be
furnished and installed.
f. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances, shall be furnished and installed.
g. Water mains, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances, shall be furnished and installed.
h. The Developer shall place iron monuments at all lot and block corners and at all
other angle points on boundary lines. Iron monuments shall be placed after all
street and lawn grading has been completed in order to preserve the lot markers
for future property owners. Lot corner irons on the back property line shall be
installed so that the top of the iron corresponds to the finished ground elevation
in accordance with the approved grading plan. Guard stakes shall be
appropriately installed to mark these irons.
i. Landscaping shall be furnished and installed in accordance with the approved
plans, including boulevard trees.
j. The Developer shall arrange for all gas, telephone, cable TV and electric utility
services to the Subdivision in accordance with City Code and State law. The
Developer is solely responsible for the cost of utility installation.
Watermark
Development Agreement
November 26, 2018
page 4
7. Time of Performance. The Developer shall install all required improvements
enumerated in Paragraph 6 by November 30, 2019. The Developer may request a
reasonable extension of time from the City. If the extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
8. City Improvements. No City improvements are proposed to be constructed for this
subdivision.
9. Record Drawings.
a. Upon project completion, Developer shall submit record drawings, in electronic
format, of all public and private infrastructure improvements, including grading,
sanitary sewer, watermain, storm sewer facilities, and roads, constructed by
Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system
and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall
include accurate locations, dimensions, elevations, grades, slopes and all other
pertinent information concerning the complete work.
b. The Developer shall submit certified compaction testing results for the site
grading operations.
c. A summary of the record plan attribute data for the storm sewer, watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as provided by the City Engineer.
d. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
10. Faithful Performance of Construction Contracts and Security.
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 Improvements. Concurrent 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 fifty (150%) percent of the total estimated cost of Developer's
Improvements.
b. Irrevocable Letter of Credit. If an Irrevocable Letter of Credit is utilized, it shall be
for the exclusive use and benefit of the City of Lino Lakes and shall state that it is
issued to guarantee and assure performance by the Developer of all the terms and
conditions of this Development Agreement and construction of all required
improvements referenced therein in accordance with the ordinances and
Watermark
Development Agreement
November 26, 2018
page 5
specifications of the City. The letter shall be in a form, and from a bank, as
approved by 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 agreement. The Irrevocable Letter of Credit shall be
automatically extended for additional periods of one year from present or future
expiration dates on an annual basis, unless at least sixty (60) days prior to the
expiration date, the Community Development Director and City Engineer, are
notified by certified mail or overnight courier, that the Letter of Credit will not be
extended.
c. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement, subject to City approval.
d. Reduction of Security. 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.
11. Warranty. The Developer warrants all utility work required to be performed by it against
poor material and faulty workmanship for a period of two years after its completion and
acceptance by the City. All new streets shall be warranted by the developer for a period
of one year from the time the final inspection of the street is completed and accepted
by the City. All sanitary sewer, watermain, and stormwater system improvements shall
be warranted by Developer for a period of two years from the time of acceptance of the
improvements. All trees, grass and sod shall be warranted to be alive, of good quality and
disease free for 12 months after planting. Prior to final acceptance of the Developer
Improvements the City shall require a Performance Bond or Cash Escrow to cover the
warranty provisions of this Agreement. The amount shall be determined by the City
Engineer.
12. Dedication. The Developer shall dedicate to the City, at no cost to the City, any
permanent or temporary easements that may be necessary for the construction and
installation of the Developer Improvements. All such easements required by the City
shall be in writing, in recordable form, containing such terms and conditions as the City
shall determine.
13. Ownership of Improvements. Upon completion and City acceptance of the work and
construction required by this Agreement, the public improvements lying within public
right‐of‐way and easements shall become City property without further notice or action
unless the improvements are to be deemed private infrastructure.
14. Recording and Release. The Developer agrees that the terms of this Development
Agreement shall be a covenant on any and all property included in the Subdivision. The
Developer agrees that the City shall have the right to record a copy of this Development
Watermark
Development Agreement
November 26, 2018
page 6
Agreement with the Anoka County Recorder to give notice to future purchasers and
owners. This shall be recorded against the Subdivision described on Page 1.
15. Escrow for City’s Costs.
a. The Developer agrees to establish a non‐interest bearing escrow account with
the City in an amount determined by the City Administrator or his designee for
the payment of all costs incurred by the City related to the development of the
Subdivision including, but not limited to, the following (See Exhibit C for
breakdown of costs):
i. Planning/ Review
ii. Administration ‐ 3% of Developer [CITY] Improvement Costs
iii. City Engineering
iv. Street lighting installation (by utility company)
v. Traffic signing improvements
vi. Street, storm sewer and pond maintenance
vii. Property Taxes. Should the recording of the Final Plat occur after July 1st,
any and all property taxes on any public property dedicated as a part of
this plat shall be the responsibility of the Developer.
b. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow with suitable documentation supporting the
charges.
16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay
the following fees related to the development of the Subdivision (See Exhibit C for
breakdown of costs):
a. Park Dedication
The Park Dedication Fee for this site is calculated as follows:
Watermark
Total # Units = 193
x Park Dedication Fee $3,000
Watermark
Development Agreement
November 26, 2018
page 7
= Cash in Lieu Value $579,000
(Trail Construction Costs) = ($56,560)
TOTAL CASH FEE DUE = $522,440
b. The Developer shall pay 15 months of maintenance and energy costs for street
lights installed within the Subject Property at the rate of $7/month/light. After
that the City will assume the costs.
c. Sealcoating Fee. The Developer will pay to the City the cost of sealcoating the
streets within the development at a cost of $70,691. The sealcoating is expected
to be completed by the City within three to seven years following completion of
the wear course placement.
d. GIS Mapping Fees
e. Trunk Sewer Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook‐up, whichever is first. Residential trunk charges are based on one unit per
dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on
a factor of 2.92 units per acre.
Sanitary Sewer $1,505.00 Per Unit
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval or at the time of hook‐up, whichever is first.
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
Residential uses shall be assigned one unit per dwelling unit unless otherwise
noted by MCES.
City Sewer (CSAC) $1,408.00 Per SAC Unit
Watermark
Development Agreement
November 26, 2018
page 8
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit C.
f. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Utility Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook‐up, whichever is first. Residential trunk charges are based on one unit per
dwelling unit. Commercial/Industrial/Institutional (CII) trunk charges are based on
a factor of 2.92 units per acre.
Water $2,162.00 Per Unit
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval or at the time of hook‐up, whichever is first.
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
Residential uses shall be assigned one unit per dwelling unit unless otherwise
noted by MCES.
City Water (CWAC) $1,360.00 Per SAC Unit
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit C.
g. Surface Water Management Area Charges
The City established a trunk area charge to uniformly distribute the costs of
public trunk surface water infrastructure and water quality improvements.
Under the terms of Section 10.3 of the Master Development Agreement the total
amount payable is $2,134,157.10.
Watermark
Development Agreement
November 26, 2018
page 9
Said amount shall be prorated over the 864 lots in said development based on
the approved preliminary plat. The amount per lot is $2,470.08.
The total Surface Water Management Charge for the first addition of Watermark
is
193 X $2,470.08 = $476,725.00
The total amount in the amount specified in Exhibit C.
17. Assessment of Charges and Waiver of Rights.
a. In consideration of the construction of City Improvements listed in Paragraph 8
and /or provision of sewer, water and storm water services, the Developer
agrees that the costs of City Improvements together with Trunk Sewer
Connection fees, and the Trunk Water Connection fees (collectively, “the
Charges”) may be assessed against the Subdivision parcels. The Developer
hereby waives any and all procedural and substantive objections to the special
assessments, including notice and hearing requirements, any claim that the
assessments exceed the benefit to the properties, and any right to appeal.
b. Unless the Developer pays the entire balance owed for the Charges
contemporaneously with the execution of this Agreement, the Developer shall
provide to the City a cash escrow or irrevocable letter of credit in an amount
equal to 35% of the total assessments for the Charges as estimated by the City
Engineer (see Exhibit C). The letter of credit shall be in a form, and from a bank,
as approved by the City. The letter of credit or cash escrow may be used by the
City upon default by Developer in the payment of special assessments. The cash
escrow or letter of credit shall remain in place throughout the term of the special
assessments. The letter of credit may not be terminated without the City’s
written consent.
c. Developer, its heirs, successors or assigns, agrees that within 30 days after the
date of sale of a lot, the Developer, its heirs, successors or assigns, at its own
cost and expense, shall pay the entire unpaid charges assessed or to be assessed
under this agreement against such property.
d. If a certificate of occupancy is issued before the special assessments have been
levied, the Developer, its heirs, successors or assigns shall pay the City the sum
of cash equal to 120% of the Engineer's estimate of the special assessments for
such Charges that would be levied against the property. Upon such payment the
City shall issue a certificate showing the assessments are paid in full.
Notwithstanding the issuance of said certificate, the Developer shall be liable to
Watermark
Development Agreement
November 26, 2018
page 10
the City for any deficiency and the City shall pay the Developer any surplus
arising from the payment based upon such estimate.
18. Acceleration upon Default. In the event the Developer violates any of the covenants,
conditions or agreements herein, violates any ordinance, rule or regulation of the City,
County of Anoka, State of Minnesota or other governmental entity having jurisdiction
over the plat or development, or fails to pay when due any installment of any special
assessment levied pursuant to this agreement, or any interest thereon, the City at its
option, in addition to its rights and remedies hereunder, after 10 days written notice to
the Developer, may declare all of the unpaid special assessments which are then
estimated or levied pursuant to this agreement due and payable in full, with interest.
The City may seek recovery of such special assessments due and payable from the
security provided herein. In the event that such security is insufficient to pay the
outstanding amount of such special assessments plus accrued interest the City may
certify such outstanding special assessments in full to the County Auditor pursuant to
Minnesota Statutes section 429.061, subdivision 3, for collection the following year. The
City, at its option, may commence legal action against the Developer to collect the
entire unpaid balance of the special assessments then estimated or levied pursuant
hereto, with interest, including reasonable attorney's fees, and Developer shall be liable
for such special assessments and, if more than one, such liability shall be joint and
several. In addition to any other rights and remedies upon Developer’s default, the City
may refuse to issue building permits and/or Certificates of Occupancy for any property
within the Subdivision until such time as such default has been corrected to the
satisfaction of the City. The Developer agrees to reimburse the City for all costs incurred
by the City in the enforcement of this agreement, or any portion thereof, including court
costs and reasonable engineering and attorneys' fees, if the City prevails in any
enforcement action.
19. Building Permits. No building permits shall be issued until:
a. Site grading, certified compaction testing, City sewer, water, storm sewer, and
bituminous base construction of the streets, temporary street signs, gas, electric,
and telephone are completed and approved by the City, except as provided
below.
i. Model Homes: Structures may be installed as model homes consistent
with City ordinance upon approval of the final plat. A record drawing of
the site grading for the model home lots shall be submitted prior to
issuance of building permits for the model homes.
ii. If any building permits for model homes are issued prior to the
completion and acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City,
Watermark
Development Agreement
November 26, 2018
page 11
the Developer, its contractors, subcontractors, material men, employees,
agents or third parties. Any such costs shall be reimbursed from
Developer’s escrow.
20. Special Provisions.
Not applicable except as for provided under Section 26.
21. Hours of Construction Activity.
All construction activity shall be limited to the hours 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
22. Insurance. Developer or its general contractor shall take out and maintain until one
year after the City accepted the Developer 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 or general contractor’s work, as the
case may be, 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; limits for property damage shall be not less
than One Million and no/100 ($1,000,000.00) Dollars for each occurrence; or a
combination single limit policy of Two Million and no/100 ($2,000,000.00) 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 its general contractor 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 days advance written notice of the cancellation
of the insurance. The certificate may not contain any disclaimer for failure to give the
required notice.
23. Developer’s Default. In the event of default by the Developer as to any of the work to
be performed by it hereunder, the City may, at its option, perform the work and the
Developer shall promptly reimburse the City for any expense incurred by the City,
provided the Developer is first given notice of the work in default, not less than 48 hours
in advance. This Agreement is a license for the City to act, and it shall not be necessary
for the City to seek a court order for permission to enter the land. When the City does
any such work, the City may, in addition to its other remedies, levy the cost in whole or
in part as a special assessment against the Subject Property. Developer waives its rights
to notice of hearing and hearing on such assessments and its right to appeal such
assessments pursuant to Minnesota Statutes, chapter 429.
Watermark
Development Agreement
November 26, 2018
page 12
24. 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 Subdivision and
shall be deemed covenants running with the land, unless otherwise released
pursuant to section 14 of this Agreement.
b. 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 Development Agreement.
c. 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 below 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 are as set forth until changed by notice given as above.
Attn: Joe Jablonski
U.S Home Corporation
16305 36th Avenue, Suite 600
Plymouth, MN 55447
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Watermark
Development Agreement
November 26, 2018
page 13
25. Land Use Controls ‐ Planned Unit Development.
Watermark is a Planned Unit Development (PUD) as approved by the City Council by
Ordinance No. 04‐16, Resolution No. 16‐51, Resolution No. 17‐95 and Resolution No. 17‐
133.
26. Master Development Agreement. Watermark is governed by the terms of this
Agreement, as well as the terms of the Master Development Agreement between
Developer and City. The two Agreements shall be construed together, and the
requirements and obligations of the Agreements are cumulative. In the event of a direct
conflict between the two Agreements, the Agreement imposing the greater obligation
on Developer shall govern.
Watermark
Development Agreement
November 26, 2018
page 14
DEVELOPER CITY OF LINO LAKES
By ______________________ By _________________________
U.S Home Corporation Mayor
Its ______________________ ATTEST
By _________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2018,
by Jeff Reinert as Mayor of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2018
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
Watermark
Development Agreement
November 26, 2018
page 15
On this _______ day of _______________, 2018, before me, a Notary Public within and
for said County, personally appeared ____________, __________________ of
___________________. (Developer), who executed the foregoing instrument.
______________________________
Notary Public
Watermark
Development Agreement
November 26, 2018
page 16
THE UNDERSIGNED HEREBY CONSENTS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
By ______________________
Mattamy Minneapolis, LLC d/b/a Mattamy Homes
Its ______________________
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2018, before me, a Notary Public within and
for said County, personally appeared ______________, (Developer), who executed the
foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Watermark
Development Agreement
November 26, 2018
page 17
EXHIBIT A
Legal Description
The South Three Quarters of the South Half of the Southwest Quarter of Section 12, Township
31, Range 22, Anoka County, Minnesota.
AND
That part of the Southwest Quarter of the Southeast Quarter of Section 12, Township 31, Range
22, Anoka County, Minnesota, lying westerly of the westerly right of way of Interstate Highway
35E per Document No. 389552 and southerly of the easterly extension of the North line of the
South Three Quarters of the South Half of the Southwest Quarter of said Section 12.
AND
The Northwest Quarter of Section 13, Township 31, Range 22, EXCEPT the North 660.00 feet of
the West 440.00 thereof, Anoka County, Minnesota.
AND
That part of the Northeast Quarter of Section 13, Township 31, Range 22, lying West of the
westerly right of way line of Interstate Highway 35E per Document No. 389552, Anoka County,
Minnesota.
And that U.S. Home Corporation, a Delaware corporation, owner of the following described
property:
The North Half of the North Half of the Southwest Quarter of Section 13, Township 31, Range
22 West, Anoka County, Minnesota.
AND
The South Half of the North Half of the Southwest Quarter of Section 13, Township 31, Range
22, EXCEPT the West 50.00 feet thereof, Anoka County, Minnesota.
AND
The South Half of the Southwest Quarter of Section 13, Township 31, Range 22, EXCEPT that
part thereof which lies southeasterly of a line run parallel with and distant 100 feet
northwesterly of the following described line, and said line extended southwesterly; beginning
at a point on the South line of said Section 13, distant 2566.7 feet East of the Southwest corner
thereof; thence northeasterly at an angle of 79 degrees 05 minutes 55 seconds with said
Section line 566 feet; thence deflect to the left on a 1 degree 00 minute curve (delta angle 9
degrees 43 minutes 35 seconds) for 972.6 feet and there terminating; also EXCEPTING the West
50.00 feet thereof, all in Anoka County, Minnesota.
Watermark
Development Agreement
November 26, 2018
page 18
EXHIBIT B
Final Plat
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARK
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGWATERMARKINSET 'A'See Detail BDetail B
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING20TH AVENUE N. (C.S.A.H. NO. 54)INSET 'B'WATERMARKHARRIET LANEGENEVADIAMONDLANECRANEDRIVECOURT
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'C'WATERMARKHARRIETWATERMARKWAYLANEINTERSTATE HIGHWAY 35E Detail CSee Detail C
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'D'WATERMARKI N T E R S T A T E H I G H W A Y 3 5 E See Detail DDetail D
ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGINSET 'E'20TH AVENUE N. (C.S.A.H. NO. 54)WATERMARKBALSAMWAY
BALSAM
WAY
21STAVENUENORTH
CRANEDRIVEWATERMARKWAYBALSAM WAY
Watermark
Development Agreement
November 26, 2018
page 19
EXHIBIT C
Securities, Escrows & Fees
11/20/2018
EXHIBIT C
Securities, Escrows & Fees
PROJECT: Watermark NUMBER OF REU's:193
APPLICANT: US Home Corporation & Mattamy Minneapolis NO. OF LOT FRONTAGES 201
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Public)
SITE GRADING AND RESTORATION $0
EROSION CONTROL $8,025
LANDSCAPING AND NOISE WALL FENCE $166,680
TRAIL $56,560
STREETS $2,614,345
TURN LANE $317,175
STORM WATER REUSE $25,000
STORM SEWER CONST.$1,069,717
SANITARY SEWER CONST.$1,371,567
WATERMAIN CONST.$1,126,841
ENGINEERING & SURVEYING $143,700
Total $6,899,610
Letter of Credit Amount X 150%$10,349,415
ESCROW for CITY'S COSTS
PLANNING/ REVIEW $15,060
ADMINISTRATION $206,990
ENGINEER PLAN REVIEW $5,200
ENGINEER CONSTRUCTION SERVICES $193,189
PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,000
STREET LIGHT INSTALLATION $35,000
STREET & STORMWATER MAINTENANCE $3,000
PROPERTY TAXES $0
TRAFFIC AND SIGNING IMPROVEMENTS $5,500
BOULEVARD TREE PLANTING $0
Total $468,939
DEVELOPMENT FEES
PARK DEDICATION $579,000
PARK DEDICATION CREDIT ($56,560)
Subtotal Park Dedication Fee $522,440
AUAR $0
SEAL COATING FEE $70,691
GIS MAPPING FEE $17,370
STREET LIGHTING OPERATION $1,470
Total $611,971
TRUNK SANITARY SEWER
TRUNK CHARGE PER ACRE $290,465
AVAILABILITY CHARGE PER SAC UNIT $271,744
TRUNK SANITARY SEWER CREDIT ($97,602)
TRUNK WATERMAIN
TRUNK CHARGE PER ACRE $417,266
AVAILABILITY CHARGE PER SAC UNIT $262,480
TRUNK WATERMAIN CREDIT ($88,748)
TOTAL TRUNK SEWER & WATER FEES $1,055,605
Letter of Credit Amount X 35% $369,462
SURFACE WATER MANAGEMENT $476,725
SURFACE WATER MANAGEMENT CREDIT $0
TOTAL SURFACE WATER MANAGEMENT FEES $476,725
SUMMARY OF SECURITIES, ESCROW & FEES
SECURITY: DEVELOPER IMP'MENT COSTS $10,349,415
ESCROW FOR CITY COSTS $468,939
DEVELOPMENT FEES $1,088,696
SECURITY: TRUNK FEES $369,462
1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Diane Hankee PE, City Engineer
MEETING DATE: November 26, 2018
TOPIC: Right of Way and Easement Vacation
i) Consider 2nd Reading of Ordinance No. 16-18, Vacating
right of way along Sandpiper Drive and drainage and utility
easements within Lakes Addition No. 1
*Council may vote to dispense with the full reading of the ordinance
*Roll call vote is required for adoption of the ordinance
ii) Consider Resolution No. 18-161, Approving Summary
Publication of Ordinance No. 16-18
VOTE REQUIRED: 4/5
INTRODUCTION
Staff is requesting City Council consider the 2nd Reading of Ordinance No. 16-18, vacating a
portion of the street right of way along Sandpiper Drive and drainage and utility easements
originally dedicated in Lakes Addition No. 1, Anoka County, Minnesota.
BACKGROUND
At the Council Meeting on November 13, 2018 the public hearing and first reading of
Ordinance 16-18 was held. The City entered into a Joint Powers Agreement with Anoka
County in conjunction with the West Shadow Lake Drive Area project. As part of the
agreement, an existing portion of City right-of-way that is currently being used as Golf Course
will be vacated. This vacation would result in the reversion of the property to the county. The
roadway is not planned to be extended in the future. A cul-de-sac will be constructed at the end
of Sandpiper Drive.
The Right of Way Vacation Exhibits are enclosed.
RECOMMENDATION
Staff is recommending approval of the 2nd Reading of Ordinance No. 16-18 vacating right of
way along Sandpiper Drive and drainage and utility easements within Lakes Addition No. 1
and approval of Resolution No. 18-161, Approving Summary of Publication of Ordinance 16-
18.
2
ATTACHMENTS
1. Ordinance No. 16-18
2. Right of Way Vacation Exhibits
3. Resolution 18-161
1
1st Reading: 11/12/2018 Publication:
2nd Reading: 11/26/2018 Effective:
CITY OF LINO LAKES
ORDINANCE NO. 16-18
ORDINANCE VACATING RIGHT OF WAY AND DRAINAGE AND UTLITY
EASEMENTS
(Sandpiper Drive)
The City Council of Lino Lakes ordains:
Section 1: Findings of Fact
1. The City Council of Lino Lakes has determined to vacate a portion of the street
right of way and drainage and utility easements dedicated with LAKES
ADDITION NO. 1, as shown in Exhibit A1 and A2 ; and
2. A public hearing was held on November 13, 2018 before the City Council in the
City Hall Council Chambers after due published and posted notice had been given
and reasonable attempts were made to give personal notice to all affected property
owners, and all persons interested were given an opportunity to be heard; and
3. It appears to be in the best interest of the City to vacate such road right of way;
and
4. The right of way and drainage and utility easements vacation shall be recorded
through Anoka County Recorder’s Office; and
5. Four-fifths of all members of the City Council concur with this ordinance.
Section 2: Easement Vacated
The right of way described herein is hereby vacated:
“That part of Sandpiper Drive as dedicated in LAKES ADDITION NO. 1, Anoka
County, Minnesota, lying westerly and southwesterly of the following described line:
Beginning at the southwest corner of Lot 3, Block 3, said LAKES ADDITION NO. 1;
thence southwesterly to the northwest corner of Lot 1, Block 1, LAKES ADDITION NO.
4, Anoka County, Minnesota, and said line there terminating; AND the drainage and
utility easements dedicated in LAKES ADDITION NO. 1, Anoka County, Minnesota,
lying in Lots 1, 2, 3, 4, 5, and 6, Block 1, and Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9, Block 2,
and Lots 1 and 2, Block 3, said LAKES ADDITION NO. 1.”
2
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter and upon filing of the Right of Way Vacation
for Sandpiper Drive.
Adopted by the Lino Lakes City Council this 26th day of November, 2018.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 18-161
APPROVING A SUMMARY OF ORDINANCE NO. 16-18 FOR PUBLICATION
WHEREAS, the City Council approved Ordinance No. 16-18, vacating a portion of the street
right of way and drainage and utility easements dedicated with LAKES ADDITION NO. 1; and
WHEREAS, the City Council approved the first reading on November 13, 2018, and the second
reading and final passage on November 26, 2018; and
WHEREAS, Ordinance No. 16-18 is lengthy and MN statute 412.191 allows the city to publish
a summary of an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public of the
intent and effect of the ordinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall.
NOW, THEREFORE, BE IT FURTHER RESOLVED by The City Council of The City of
Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for
publication according to state law and the City Charter.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_____________ and was duly seconded by Council Member _____________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
ATTACHMENT A
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 16-18
AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENT
(LAKES ADDITION NO. 1)
Section 1: Findings
The City Council of Lino Lakes has determined to vacate a portion of the street right of way and
drainage and utility easements dedicated with LAKES ADDITION NO. 1; and
A public hearing was held on November 13, 2018 before the City Council in the City Hall
Council Chambers after due published and posted notice had been given and a reasonable
attempts were made to give personal notice to all affected property owners, and all persons
interested were given an opportunity to be heard; and
Section 3: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter and upon recording of the Street Right of Way and Drainage and
Utility Easement Vacation.
Passed by the Lino Lakes City Council on November 26, 2018.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
1
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: November 26, 2018
TOPIC: Consider 1st Reading of Ordinance No. 19-18 Rezoning Certain
Properties Along West Shadow Lake Drive from R, Rural to R-
1X, Single Family Executive Residential and PSP, Public and
Semi-Public
VOTE REQUIRED: 3/5
INTRODUCTION
Complete Application Date: NA
60-Day Review Deadline: NA
120-Day Review Deadline: NA
Environmental Board Meeting: NA
Park Board Meeting: NA
Planning & Zoning Board Meeting: November 14, 2018
City Council Work Session: October 1, 2018
City Council 1st Reading: November 26, 2018
City Council 2nd Reading: December 10, 2018
Ordinance Effective: January 10, 2019
BACKGROUND
The City is considering rezoning certain parcels along West Shadow Lake Drive from R, Rural
to R-1X, Single Family Executive Residential and PSP, Public and Semi-Public. The rezoning
is in conjunction with the current street and utility reconstruction project.
ANALYSIS
As discussed at the July 2, 2018 Council Work Session, with the extension of public utilities
along West Shadow Lake Drive, approximately 8-10 larger lots may be able to subdivide
subject to City Zoning and Shoreland Ordinance regulations. Several residents have inquired
about the subdivision process.
The first step is to rezone certain parcels from R, Rural to R-1X, Single Family Executive
Residential District and PSP, Public and Semi-Public. There are approximately 85 parcels that
would be rezoned. These parcels are currently zoned R, Rural and are legal non-conforming
because they do not meet the minimum 10 acre rural lot size requirement. Rezoning will make
2
these parcels more conforming and consistent with other single family home lots served by
municipal water and sanitary sewer. The R-1X district provides the opportunity for wider,
larger lots along West Shadow Lake Drive vs. the R-1 district.
The following summarizes the Zoning and Shoreland District requirements for non-riparian and
riparian lots:
R-1X, Single Family Executive Zoning
• For those non-riparian lots on the west side of West Shadow Lake Drive that do not
directly abut Reshanau Lake:
R-1X Requirements
Min. Lot Size1 12,825 sf
Min. Lot Width Interior Lot = 90 ft
Corner Lot = 115 ft
Min. Lot Depth 135 ft
Building Setback (feet)
-From Local Streets 30 ft
-Rear Yard
--Principal 30 ft
-Accessory 5 ft
-Side Yard
--Principal 10 ft
--Accessory 5 ft
Impervious Surface2 30%
1Net area required as defined as contiguous buildable land
2Per Shoreland Management Overlay District
Shoreland Management Overlay District (Chapter 1102)
• Reshanau Lake is classified as a Recreational Development Lake per the MNDNR.
• The Ordinary High Water Level (OHWL) is 883.5.
• For those riparian lots on the east side of West Shadow Lake Road that directly abut
Reshanau Lake:
3
R-1X Requirements
Min. Lot Size1 20,000 sf
Min. Lot Width2 90 ft
Min. Lot Depth 135 ft
Building Setback (feet)
-From Local Streets 30 ft
-From OHWL3
--Principal 75 ft
-Accessory 75 ft
-Side Yard
--Principal 10 ft
--Accessory 5 ft
Impervious Surface4 30%
1Only land above the OHWL can be used to meet the lot area standards
2Lot width standards must be met at both the OHWL and the building setback line
3One water-oriented accessory structure may be setback 10 feet from the OHWL
4Per Shoreland Management Overlay District
Any proposed variances will be reviewed by the Planning & Zoning Board and City Council on
a case by case basis as property owners goes through the subdivision process.
There are two (2) undeveloped outlots, Outlot A and Outlot B, Reshanau Shores, that will
remain zoned R, Rural. These parcels are wetlands and likely undevelopable. There is also 1
parcel (PID #29-31-22-13-0001) owned by John McClellan that will remain zoned R, Rural.
Sanitary sewer is not being extended to serve these 3 parcels. Any development of these
parcels will require rezoning, platting and utility extension.
There are also two (2) parcels off of Sandpiper Drive that are owned by Anoka County and are
part of Chomonix Golf Course. These parcels will be rezoned to PSP, Public and Semi-Public
which is consistent with the current land use of the golf course and Rice Creek Chain of Lakes
Park Reserve.
Zoning and Land Use
Current Zoning R, Rural
Current Land Use Single Family Residential & County Park
and Recreation
4
Future Land Use per CP Low Density Sewered Residential &
Park
Utility Staging Area 1A: 2018-2015
Surrounding Zoning and Land Use
Direction Zoning Current Land Use Future Land Use
North PSP County Park and
Recreation Park and Open Space
South R-1
City Park &
Recreation; Vacant
Rural Residential
Park and Open Space;
Low Density
East Reshanau Lake Reshanau Lake Reshanau Lake
West PSP County Park and
Recreation Park and Open Space
The Planning & Zoning Board held a public hearing on November 14, 2018. Public comments
included discussion regarding the difference between R-1 and R-1X zoning districts. The
Board recommended approval of the rezoning to R-1X and PSP with a 6-0 vote.
RECOMMENDATION
Staff recommends approval of the rezoning certain parcels from R, Rural to R-1X, Single
Family Executive Residential and PSP, Public and Semi-Public based on the detailed in
Ordinance No. 19-18.
ATTACHMENTS
1. Existing Zoning Map
2. Proposed Zoning Map
3. Ordinance No. 19-18
"""
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Reshanau Lake
Rice Lake
WShadowLakeDrS andpiper Dr
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Shadow Ct
Shadow Lake CtFawn LaWhite Birch CtBeaver Tr AquaLaB
la
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F St
Old Birch StProject Location
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"Proposed Sanitary Sewer (Trunk)
Proposed Watermain
Proposed Sanitary Forcemain
Existing Z oning
R Rural
R-1 Single Family Residential
R-1X Single Family Executive
R-4 High Density Residential
PSP Public Semi-Public
PUD
0 825Feet¯Existing Zoning MapWest Shadow Lake Drive & Utility ProjectLino Lakes, MN Document Path: K:\02988-450\GIS\Maps\WestShadowExistingZoning.mxd Date Saved: 10/25/2018 3:27:45 PM1 inch = 825 f eetOctober 2018
"""
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Reshanau Lake
Rice Lake
Rezone to R-1X:- Lakes Addition No.1- Lakes Addition No. 4- Lakes Addition No. 5- Reshanau Shores (except OL A and OL B)
Rezone to PSP:- L3 and L4, B3 Lakes Addition No.1 WShadowLakeDrS andpiper Dr
H i c k o r y P l
Birch St
C o u n try L a k e s D r
Shadow Ct
Shadow Lake CtFawn LaWhite Birch CtBeaver Tr
B
la
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Old Birch StProject Location
!(Sanitary M anhole
"Proposed Sanitary Sewer (Trunk)
Proposed Watermain
Proposed Sanitary Forcemain
Proposed Zoning Area Changes
Proposed Z oning
R Rural
R-1 Single Family Residential
R-1X Single Family Executive
R-4 High Density Residential
PSP Public Semi-Public
PUD
0 825Feet¯Proposed Zoning MapWest Shadow Lake Drive & Utility ProjectLino Lakes, MN Document Path: K:\02988-450\GIS\Maps\WestShadowProposedZoning.mxd Date Saved: 10/26/2018 7:18:49 AM1 inch = 825 f eetOctober 2018
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 19-18
ORDINANCE TO REZONE CERTAIN PROPERTIES ALONG WEST SHADOW
LAKE DRIVE FROM R, RURAL TO R-1X, SINGLE FAMILY EXECUTIVE
RESIDENTIAL AND PSP, PUBLIC AND SEMI-PUBLIC
“The City Council of Lino Lakes ordains".
Section 1
The City of Lino Lakes makes the following Findings of Fact:
1. The City Council Staff Report dated November 26, 2018 details the rezoning.
2. The Planning and Zoning Board held a public hearing on November 14, 2018 and
made recommendation to approve the rezoning on a 6-0 vote.
3. Per Section 1007.015 (5), the Planning and Zoning Board shall consider possible
adverse effects of the proposed rezoning and its judgement shall be based upon, but
not limited to, the following factors:
a) The proposed action has been considered in relation to the specific policies and
provisions of and has been found to be consistent with the official City
Comprehensive Plan.
The proposed action of rezoning parcels from R, Rural to R-1X, Single Family Executive
is consistent with the Comprehensive Plan. The parcels are guided low density sewered
residential and the R-1X zoning district is consistent with this type of land use. The
current land use is single family residential. The R-1X zoning district is intended for
development of single family detached homes on lots served with public sewer and water.
Public sewer and water are currently being installed along this stretch of West Shadow
Lake Drive.
The proposed action of rezoning the two (2) Anoka County parcels from R, Rural to PSP,
Public and Semi-Public is consistent with the Comprehensive Plan. The parcels are
guided park and are currently part of the Chomonix Golf Course. The PSP district allows
for public parks and golf courses as a permitted use.
b) The proposed use is or will be compatible with present and future land uses of the
area.
2
There are no proposed use changes. Present land uses are single family residential
homes and County Park and recreation (golf course). Future land uses in the area are
guided low density sewered residential and park.
c) The proposed use conforms with all performance standards contained herein.
There are no proposed use changes. Present land uses are single family residential
homes and County Park and recreation (golf course). Any future development shall be
required to meet performance standards unless otherwise approved by the City Council.
d) The proposed use can be accommodated with existing public services and will not
overburden the City’s service capacity.
Per the City’s Comprehensive Plan, the parcels are within the 1A: 2008-2015 utility
staging area. The watermain and sanitary sewer systems have capacity to accommodate
the existing and future homes along this section of West Shadow Lake Drive.
e) Traffic generation by the proposed use is within capabilities of streets serving the
property.
There are no proposed use changes and no anticipated traffic impacts. Current and
future land uses along West Shadow Lake Drive are single family residential homes. The
golf course does not ingress or egress on West Shadow Lake Drive and therefore; does
not impact traffic on West Shadow Lake Drive.
Section 2
The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the
following described properties from R, Rural to R-1X, Single Family Executive
Residential:
• Lots 5-8, Block 3, Lakes Addition No. 1
• Lots 1-23, Block 4, Lakes Addition No. 1
• Lots 1-17, Block 1, Lakes Addition No. 4
• Lots 1-5 and Outlot A, Lakes Addition No. 5
• Lots 1-5, Block 1, Reshanau Shores
• Lots 1-6, Block 2, Reshanau Shores
• Lots 1-5, Block 1, Townhouses of Reshanau
Section 3
The Zoning Ordinance of the City of Lino Lakes is hereby amended to rezone the
following described properties from R, Rural to PSP, Public and Semi-Public:
• Lots 3-4, Block 3, Lakes Addition No. 1
3
Section 4
This ordinance shall be in force and effect from and after its passage and publication
according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 26th day of November, 2018.
The motion for the adoption of the foregoing ordinance was introduced by Council
Member_____________and was duly seconded by Council Member ___________ and
upon vote being taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: November 26, 2018
TOPIC: Consider Resolution No. 18-165 Approving a Variance
for Curb Cut/Driveway Width for 111 Robinson Drive
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council to consider Resolution No. 18-165 approving a variance for
curb cut/driveway width for 111 Robinson Drive.
Complete Application Date: October 25, 2018
60-Day Review Deadline: December 24, 2018
120-Day Review Deadline: February 22, 2019
Environmental Board Meeting: NA
Park Board Meeting: NA
Planning & Zoning Board Meeting: November 14, 2018
Tentative City Council Work Session: November 26, 2018
Tentative City Council Meeting: November 26, 2018
BACKGROUND
The property owners of 111 Robinson Drive, Aaron and Shannon Kne, submitted a Land Use
Application for a curb cut/driveway width variance. They are requesting a curb cut width of
26’ 8” be allowed. City ordinance allows for a maximum 26 foot curb cut/driveway width.
ANALYSIS
Capstone Homes, Inc. obtained a building permit in November 2017 to construct a new home
at 111 Robinson Drive in the Century Farms North subdivision. The certificate of survey
submitted with the building permit indicated a curb cut width of 16.1 feet.
The property owners purchased their home in March 2018. Due to winter conditions, the
driveway was installed in July 2018 by C&S Blacktopping, a Capstone Homes, Inc. sub-
contractor. The property owners negotiated with C&S Blacktopping to have the driveway
widened from16.1 to 26 feet. Unfortunately, the Grading As-built survey and field verification
confirmed the curb cut was 26.7 feet. This is 8 inches wider than allowed.
2
Per Section 1007.044(3)(h):
7. Curb Cut/Driveway Width. No curb cut shall exceed twenty-six (26) feet in width
within a residential zoning district, or thirty-six (36) feet in width if the property is in a
commercial, industrial, or public/semi-public zoning district, as measured at the street right-of-
way line unless approved by the City Engineer. The driveway associated with such curb cut
may increase in width at an angle not greater than forty-five (45) degrees.
Attachment 5 is a Driveway Exhibit depicting a 26 foot wide curb cut and 45 degree angle.
Capstone Homes, Inc. agreed to cut 8 inches from the driveway at no charge to the property
owner. The property owner does not want the driveway cut and is requesting a variance. It
should be noted in the applicant’s narrative (see Attachment 2) they state they paid an
additional $1,000 to have the driveway widened. This additional cost represents the difference
between the 16 feet and 26 feet, not just the additional 8 inches.
The property is zoned PUD, Planned Unit Development and is located in an urban residential
subdivision. The City Engineer does not approve widening of the curb cut. The property
owners would be required to cut out an 8 inch wide section of the driveway. They are
requesting a variance instead of having to cut out a section of the driveway.
Findings of Fact
Resolution No. 18-165 details the findings of fact.
RECOMMENDATION
Staff recommended denial of the variance.
The Planning & Zoning Board reviewed the variance application on November 14, 2018 and
recommended approval with a 6-0 vote.
Resolution No. 18-165 approves of a variance to allow for a 26.7 foot wide curb cut/driveway
width at 111 Robinson Drive.
ATTACHMENTS
1. Site Location & Aerial Map
2. Applicant’s Narrative
3. Proposed Certificate of Survey
4. Grading As-Built Survey
5. Driveway Exhibit
6. Driveway Photos
7. Resolution No. 18-165
111 Robinson Drive
Legend
Address Labels
November 5, 2018
Map Powered by DataLink from WSB & Associates
1 in = 100 ft
±
111 Robinson Drive
Lino Lakes, MN 55014
October 28, 2018
Members of the Planning and Zoning Board
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Dear Planning and Zoning Board Members,
We are writing to share with you an issue that came to our attention regarding our driveway at 111
Robinson Drive, and to express our desire to obtain a variance.
We purchased our home, built by Capstone Homes of Ramsey, MN, on March 23, 2018. Due to our
home being built over the winter season, our driveway was installed by Capstone’s subcontractor, C&S
Blacktopping of Rogers, MN, on July 10, 2018.
Subsequent to moving in last March, but prior to the driveway being installed in July, one of Capstone’s
repairmen mentioned to us at our home that if we desired to have our driveway installed from the third
stall straight down to the street (rather than at an angle as standard), we could contact C&S
Blacktopping directly to get a price and have the change made when they came through to complete
that work for Capstone. We had chosen to forego this during the purchase process during the fall of
2017, as we were expecting our first child in addition to the expenses of our upcoming move. However,
when Capstone mentioned this was still an option after we had moved in, and we realized we could
afford to do so, we contacted C&S Blacktopping and agreed to pay an extra $1,000 for the driveway to
extend straight down the East side of the driveway from our third stall, which was how it was installed in
July.
On October 10, we received a brief email from Capstone informing us that the driveway had been
installed incorrectly per city code, and that they would be coming through that same week to cut away
the excess and replace it with sod in order to comply with the code. While not the fault of the city, this
notice was both confusing and unapologetic, while also giving us little to no opportunity to respond
timewise.
Our driveway measures approximately 27’ wide, while we have come to understand that the maximum
per city code is 26’. It was extremely disappointing for us to find out the approximately 1’ of the width of
our driveway, for approximately 15’ deep, would be required to be trimmed away per this code.
Although a small cut, it feels like a waste of $1,000 we spent, at Capstone’s suggestion, to have a
driveway at a uniform width with straight edges. Apparently we erred in trusting that our builder
Capstone and their subcontractor were fully aware of and complying with city code.
We felt pressured by Capstone by indicating that they were coming to cut our driveway that same week;
additionally, when we reached out to the city, we did not feel encouraged by the variance process due
both to the cost (up to $950) and the fact that staff would not recommend the variance to the Planning
& Zoning Board or the City Council. Therefore, we wrote the Mayor, City Administrator, and City Council,
informing them of our issue. We spoke at the open forum at the October 22 meeting, and were pleased
when Mayor Reinert expressed support for a variance for our driveway. Subsequent email conversations
with other council members have left us reasonably confident that our variance will be passed by the
council if it reaches them for a vote.
Given the circumstances of how this occurred, while we appreciate how the code is written, we hope
that the Planning and Zoning Board can understand our position and support our variance request. We
cannot understand how an approximately 1’ by 15’ area of a driveway (or less depending on the angle)
has any significant impact on safety, drainage, aesthetics, or anything else in the interest of the city or
our neighbors. We only see this as possibly compromising the long-term stability of our driveway,
impacting the coverage provided by the sprinkler system Capstone or their subcontractor already
installed on our property, and leaving us with a driveway that looks unappealing.
If you would like any other information regarding our variance request, please let us know and we will
do our best to provide it. Thank you for your time and consideration.
Sincerely,
Aaron & Shannon Kne
DRIVEWAY
EXHIBIT
LINO LAKES, MINNESOTA
STREET A
26'
RIGHT OF WAY LINE PROPERTY LINEDRIVEWAYPROPERTY LINECURB
CURB CUT WIDTH AT RIGHT OF WAY LINE:
26 FT. MAXIMUM IF RESIDENTIAL
36 FT. MAXIMUM IF COMMERCIAL
DRIVEWAY MAY INCREASE AT AN
ANGLE NOT GREATER THAN 45°.
Nov. 2018
1
CITY OF LINO LAKES
RESOLUTION NO. 18-165
RESOLUTION APPROVING A VARIANCE FOR
CURB CUT/DRIVEWAY WIDTH FOR 111 ROBINSON DRIVE
WHEREAS, the City received a land use application for a variance for curb
cut/driveway width for 111 Robinson Drive; and
WHEREAS, the legal description of the property is Lot 7, Block 1, Century Farm North
6th Addition, Lino Lakes, Anoka County, Minnesota; and
WHEREAS, the property is zoned PUD, Planned Unit Development for an urban
residential subdivision and allows for driveways in residential zoning districts; and
WHEREAS, Section 1007.044(3)(h)7 states no curb cut shall exceed 26 feet in width
within a residential zoning district as measured at the street right-of-way; and
WHEREAS, the sub-contractor constructed the driveway and curb cut to 26.7 feet wide
at the street right-of-way; and
WHEREAS, the Planning & Zoning Board reviewed the variance application on
November 14, 2018 and recommended approval with a 6-0 vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
FINDINGS OF FACT
No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7.
below. The City shall make findings regarding compliance with these criteria.
1. The variance shall be in harmony with the general purposes and intent of the
ordinance.
The general purpose and intent of the ordinance is to alleviate or prevent congestion of
the public right-of-way and to promote the safety and general welfare of the public, by
establishing minimum requirements for off-street parking of motor vehicles upon various
parcels of land or structures.
The variance to allow for a 26.7 foot curb cut/ driveway width is harmonious with the
general purposes and intent of the ordinance. The additional 8 inches will not congest
public right-of-way or impact public safety.
2. The variance shall be consistent with the comprehensive plan.
2
Per the Comprehensive Plan, the property is guided for Low Density Residential land
use. The variance request is consistent with the comprehensive plan. The applicant’s
property is intended for single family dwellings with houses, garages and driveways.
3. There shall be practical difficulties in complying with the ordinance. “Practical
difficulties,” as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by the
ordinance. Economic considerations alone do not constitute practical difficulties.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The property owner proposes to use the property in a reasonable manner. The property is
intended for single family dwellings with houses, garages and driveways. The
construction of a driveway is a reasonable use.
4. The plight of the landowner shall be due to circumstances unique to the property not
created by the landowner.
The plight of the landowner was not created by the landowner. The landowner contracted
with a sub-contractor who improperly installed a 26.7 foot wide driveway.
5. The variance shall not alter the essential character of the locality.
The variance will not alter the essential character of the locality which is a single family
residential neighborhood with houses, garages and driveways.
6. A variance shall not be granted for any use that is not allowed under the ordinance for
property in the zoning district where the subject site is located.
The variance is not being granted for any use that is not allowed under the ordinance for
property in the zoning district. The property is zoned PUD, Planned Unit Development
for a residential subdivision and driveways are consistent with residential uses.
7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth
sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with
the zoning ordinance.
Not applicable.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves a variance to allow for a 26.7 foot wide curb cut/driveway width for 111
Robinson Drive.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
3
Member_______________ and was duly seconded by Council Member
________________ and upon vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
1
CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: November 26, 2018
TOPIC: Consider Resolution No. 18-166 Approving a Variance
for Roofing Materials for 47 Gladstone Drive
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council to consider Resolution No. 18-166 approving a variance for
roofing materials for 47 Gladstone Drive.
Complete Application Date: October 29, 2018
60-Day Review Deadline: December 28, 2018
120-Day Review Deadline: February 26, 2019
Environmental Board Meeting: NA
Park Board Meeting: NA
Planning & Zoning Board Meeting: November 14, 2018
City Council Work Session: November 26, 2018
City Council Meeting: November 26, 2018
BACKGROUND
The property owner of 47 Gladstone Drive, Chris Pomorin, submitted a Land Use Application
for a roofing material variance. He is requesting a metal roof with exposed fasteners be
allowed. City ordinance allows for metal roofs with standing seam (i.e. hidden fasteners).
ANALYSIS
During the summer of 2018, the property owner replaced the roof on his house and detached
garage without a building permit. When the proper building permits were submitted, the owner
included a Menards specification sheet detailing the roofing materials as Ocean Blue Premium
Pro-Rob Steel Panel with an exposed fastener panel system. City ordinance does allow for
metal roofs; however, they must be standing seam (i.e. hidden fasteners).
Per Section 1007.043(2)(a):
2
3. Single family dwellings shall have at least a four/twelve (4/12) roof pitch and
shall be covered with shingles or tiles or a standing seam metal roof.
Per Section 1007.043(4)(i)4.g., this criteria applies to both single family dwellings and
accessory buildings.
g. Roof and exterior color and material compatible with home (except
manufactured tool shed).
Building department staff inspected the roofing materials and installation and determined the
roof was structurally adequate. The issue now is the aesthetic value of the exposed fasteners.
The intent of requiring standing seam metal roofs is so the fasteners (i.e. screws) are not
visible.
If the variance request is denied, the owner will have to replace the roof on both the single
family dwelling and detached garage.
Findings of Fact
Resolution No. 18-166 details the findings of fact.
RECOMMENDATION
Staff recommended denial of the variance.
The Planning & Zoning Board reviewed the variance application on November 14, 2018 and
recommended approval with a 6-0 vote.
Resolution No. 18-166 approves of a variance to allow for a metal roof with exposed fasteners
on the single family dwelling and detached garage at 47 Gladstone Drive.
ATTACHMENTS
1. Site Location Map
2. Before and After Photos-47 Gladstone Drive
3. Roofing Material Specifications
4. Metal Roof with Exposed Fasteners vs Metal Roof with Standing Seam (Hidden
Fastener)
5. Resolution No. 18-166
0 1,000 2,000500
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SM OKETREE L NSMOKETREE L N
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GLADSTONE DRGLADSTONE DR
GLENVIEW DRGLENVIEW DR 2ND AVE2ND AVERR UU SSTTIICCLLNNGLENVIEW LNGLENVIEW LNGREEN BRIAR DRGREEN BRIAR DR
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Site Location Map µ
47 Gladstone Drive
1
CITY OF LINO LAKES
RESOLUTION NO. 18-166
RESOLUTION APPROVING A VARIANCE FOR
ROOFING MATERIALS FOR 47 GLADSTONE DRIVE
WHEREAS, the City received a land use application for a variance for roofing materials
for 47 Gladstone Drive; and
WHEREAS, the legal description of the property is the West ½ of Lot 11, Block 4,
Lexington Park Lake View, Lino Lakes, Anoka County, Minnesota; and
WHEREAS, the property is zoned R-1, Single Family Residential and allows for single
family dwellings and accessory structures; and
WHEREAS, Section 1007.043(2)(a)3 states that single family dwellings shall have at
least a four/twelve (4/12) roof pitch and shall be covered with shingles or tiles or a
standing seam metal roof; and
WHEREAS, the homeowner replaced the roof on his house and detached garage with a
metal roof with exposed fasteners without a building permit; and
WHEREAS, the Planning & Zoning Board reviewed the variance application on
November 14, 2018 and recommended approval with a 6-0 vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
FINDINGS OF FACT
No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7.
below. The City shall make findings regarding compliance with these criteria.
1. The variance shall be in harmony with the general purposes and intent of the
ordinance.
The general purpose and intent of the General Provisions section of the Zoning
Ordinance is to establish general development performance standards. These standards
are intended and designed to assure compatibility of uses; to prevent urban blight,
deterioration and decay; and to enhance the health, safety and general welfare of the
residents of the community.
The variance to allow a metal roof with exposed fasteners is harmonious with the general
purposes and intent of the ordinance. The metal roof with exposed fasteners is a
compatible use, will not promote urban blight or decay and is not detrimental to the
health, safety or general welfare of the residents of the community.
2
2. The variance shall be consistent with the comprehensive plan.
The variance request is consistent with the comprehensive plan. Per the Comprehensive
Plan, the property is guided for Low Density Residential land use. A single family
dwelling and detached garage exist on the parcel which is consistent with the land use
guidance.
3. There shall be practical difficulties in complying with the ordinance. “Practical
difficulties,” as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by the
ordinance. Economic considerations alone do not constitute practical difficulties.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
The property owner proposes to use the property in a reasonable manner. The
construction of a metal roof with exposed fasteners on a single family dwelling and
detached garage are reasonable uses. A practical difficulty and economic burden would
exist if the property owner were required to replace the roof.
4. The plight of the landowner shall be due to circumstances unique to the property not
created by the landowner.
The plight of the landowner was created by the owner installing a metal roof with
exposed fasteners without a building permit. The property owner was not aware a
building permit was required since he was doing the work himself.
5. The variance shall not alter the essential character of the locality.
The variance will not alter the essential character of the locality which is a single family
residential neighborhood with houses and garages.
6. A variance shall not be granted for any use that is not allowed under the ordinance for
property in the zoning district where the subject site is located.
The variance will not be granted for any use that is not allowed under the ordinance for
property in the zoning district. The property is zoned R-1, Single Family Residential and
single family detached homes and garages with metal roofs are permitted and accessory
uses.
7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth
sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with
the zoning ordinance.
Not applicable
3
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves a variance to allow for a metal roof with exposed fasteners on the single family
dwelling and detached garage at 47 Gladstone Drive.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council
Member_______________ and was duly seconded by Council Member
________________ and upon vote being taken thereon, the following voted in favor
thereof:
The following voted against same:
______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 6F
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: November 26, 2018
TOPIC: Consider Resolution No. 18-169, Approving Payment No. 5 and
Final, 2018 Mill and Overlay Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council action to finalize the 2018 Mill and Overlay Project.
BACKGROUND
The 2018 Mill and Overlay Project included Ware Road, Brandywood Estates, and Pheasant
Hills Preserve 5th Addition. The construction contract, including Change Order No. 1, was in the
amount of $514,801.89 and the final payment earned by the contractor for this project is
$492,918.09. The contract was under budget by $21,883.80. The final payment to T.A. Schifsky
and Sons, Inc. is for $33,861.64. This project was funded through the annual Public Service –
Streets budget.
RECOMMENDATION
Approve Resolution No. 18-169, Approving Payment No. 5 and Final, 2018 Mill and Overlay
Project in the amount of $33,861.64 to T.A. Schifsky and Sons, Inc.
ATTACHMENTS
1. Resolution 18-169
2. Pay Request No. 5 & Final
CITY OF LINO LAKES
RESOLUTION NO. 18-169
APPROVING PAYMENT NO. 5 AND FINAL FOR THE 2018 MILL AND OVERLAY
PROJECT
WHEREAS, pursuant to resolution 18-43 of the Council adopted April 23, 2018, awarding the
contract for the 2018 Mill and Overlay Project to T.A. Schifsky and Sons, Inc.
WHEREAS, a complete summary of costs are detailed in Payment No. 5 (Final);
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment
Request No. 5 (Final) is approved for a final contract amount of $492,918.09.
Adopted by the Council of the City of Lino Lakes this 26th day of November, 2018.
The motion for the adoption of the foregoing resolution was introduced by Council Member
_______________and was duly seconded by Council Member ________________ and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Jeff Reinert, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk