HomeMy WebLinkAbout06-27-2022 City Council Packet EXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, June 27, 2022
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz
City Administrator: Sarah Cotton
COUNCIL WORK SESSION, 6:00 P.M.
Council Chambers (not televised)
1. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call - Stoesz, Cavegn, Ruhland, Lyden, Rafferty were present;
Pledge of Allegiance
Open Mike / Public Comment (in person or received in writing prior to meeting)
There were no public comments
Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was approved as presented.
SPECIAL PRESENTATION
Oath of Police Service – Police Officer, Shelby Bonczek
1. CONSENT AGENDA
A) Consider Approval of Expenditures for June 27, 2022 (Check No. 116645 through
116724) in the Amount of $377,265.78
B) Consider Approval of June 13, 2022 Work Session Minutes
C) Consider Approval of June 13, 2022 Council Meeting Minutes
D) Consider Approval of Appointment of Rookery Part -Time Staff
Action Taken: Motion by Lyden seconded by Ruhland, to approve
Consent Agenda Items 1A through 1D, as presented, was adopted
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
Council Agenda -2- June 27, 2022
EXPANDED AGENDA
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Appointment of Police Sergeant, John Swenson
Action Taken: Motion by Ruhland, seconded by Cavegn, to approve
the appointment of Dan Thill to the position of Police Sergeant as
recommended, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Consider Approval of Resolution No. 22-46, Approving Payment No. 2 and Final,
2021 Water Service Condition Review, Diane Hankee
Action Taken: Motion by Lyden, seconded by Stoesz, to approve
Resolution No 22-46 as presented, was adopted
B) Lake Amelia Woods, Michael Grochala
i. Consider Resolution No. 22-18, Approving Final Plat
ii. Consider Resolution No. 22-19, Approving Development Agreement
Action Taken: Motion by Ruhland, seconded by Cavegn, to approve
Resolution No. 22-18 as presented, was adopted
Action Taken: Motion by Ruhland, seconded by Cavegn, to approve
Resolution No. 22-19 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting
for the purpose of completing the City Administrator’s performance evaluation.
Community Calendar – A Look Ahead
June 27, 2022 through July 11, 2022
Wednesday, June 29 6:30 pm, Council Chambers Environmental Board
Tuesday, July 5 6:00 pm, Community Room Council Work Session
Wednesday, July 6 630 pm, Council Chambers Park Board
Thursday, July 7 8:00 am, Community Room EDAC
Monday, July 11 6:00 pm, Community Room Council Work Session
Monday, July 11 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, June 27, 2022
***********
6:30 p.m.
(Scheduled to be broadcast on Channel 16)
City Council: Mayor Rafferty, Councilmembers Cavegn, Lyden, Ruhland and Stoesz
City Administrator: Sarah Cotton
COUNCIL WORK SESSION, 6:00 P.M.
Council Chambers (not televised)
1. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call
Pledge of Allegiance
Open Mike / Public Comment (in person or received in writing prior to meeting)
Setting the Agenda: Addition or deletion of agenda items
SPECIAL PRESENTATION
Oath of Police Service – Police Officer, Shelby Bonczek
1. CONSENT AGENDA
A) Consider Approval of Expenditures for June 27, 2022 (Check No. 116645 through
116724) in the Amount of $377,265.78
B) Consider Approval of June 13, 2022 Work Session Minutes
C) Consider Approval of June 13, 2022 Council Meeting Minutes
D) Consider Approval of Appointment of Rookery Part-Time Staff
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
No report
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Appointment of Police Sergeant, John Swenson.
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
Council Agenda -2- June 27, 2022
6. COMMUNITY DEVELOPMENT REPORT
A) Consider Approval of Resolution No. 22-46, Approving Payment No. 2 and Final,
2021 Water Service Condition Review, Diane Hankee
B) Lake Amelia Woods, Michael Grochala
i. Consider Resolution No. 22-18, Approving Final Plat
ii. Consider Resolution No. 22-19, Approving Development Agreement
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular meeting, the City Council will reconvene for a closed meeting
for the purpose of completing the City Administrator’s performance evaluation.
Community Calendar – A Look Ahead
June 27, 2022 through July 11, 2022
Wednesday, June 29 6:30 pm, Council Chambers Environmental Board
Tuesday, July 5 6:00 pm, Community Room Council Work Session
Wednesday, July 6 630 pm, Council Chambers Park Board
Thursday, July 7 8:00 am, Community Room EDAC
Monday, July 11 6:00 pm, Community Room Council Work Session
Monday, July 11 6:30 pm, Council Chambers City Council Meeting
+
Expenditures
June 27, 2022
Check #116645 to #116724
$377,265.78
Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting June 27, 2022 Transfer In/(Out)
6/8/2022 Transfer from FRB Money Market 2,000,000.00
6/10/2022 Payroll #12 (181,400.86)
6/10/2022 Payroll #12 Federal Deposit (52,083.18)
6/10/2022 Payroll #12 PERA (51,976.46)
6/10/2022 Payroll #12 State (11,593.19)
6/10/2022 Payroll #12 Child Support (856.06)
6/10/2022 Payroll #12 H.S.A. Bank Pretax (4,119.40)
6/10/2022 Payroll #12 TASC Pretax (867.27)
6/10/2022 Payroll #12 ICMA 457 Def. Comp #301596 (4,045.00)
6/10/2022 Payroll #12 ICMA Roth IRA #706155 (905.75)
6/10/2022 Payroll #12 MSRS HCSP #98946-01 (1,978.32)
6/10/2022 Payroll #12 MSRS Def. Comp #98945-01 (3,957.00)
6/10/2022 Payroll #12 MSRS Roth IRA #98945-01 (834.00)
6/15/2022 Building Permit Surcharge (2,627.64)
6/15/2022 Sales & Use Tax (3,270.00)
CITY COUNCIL WORK SESSION
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : June 13, 2022 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:20 p.m. 6
MEMBERS PRESENT : Councilmember Stoesz, Cavegn and 7
Mayor Rafferty 8
MEMBERS ABSENT : Councilmember Lyden, Ruhland 9
Staff members present: Finance Director Hannah Lynch; Community Development Director 10
Michael Grochala; City Planner Katie Larsen; Director of Public Safety John Swenson; 11
Human Resources and Communications Manager Meg Sawyer; City Clerk Julie Bartell 12
13
1. Review Regular Agenda 14
15
Oath of Fire Service – Mayor Rafferty confirmed that these firefighters are members of 16
the new duty crew. 17
18
2A) 2021 Audit Report – Finance Director Lynch indicated that she will present a brief 19
overview and is requesting the council’s acceptance of the audit report. 20
21
3A) Public Safety Administrative Assistant Appointment – Human Resources and 22
Communications Manager Sawyer noted that the recommended candidate would be 23
moving from a current position in the Police Department. Staff is working to fill the 24
vacated position as well. 25
26
3B) Human Resources Assistant Appointment – Human Resources and 27
Communications Manager Sawyer noted the process that brings forwarded an individual 28
who is recommended for appointment. 29
30
6A) Tital Wave Auto Spa, Otter Crossing 2nd Addition – City Planner Larsen 31
recalled that the council reviewed and discussed this proposed development at their last 32
work session. Photos have been requested but not yet received. 33
34
6B) Otter Lake Animal Care Center – City Planner Larsen recalled the work session 35
review of this request to amend a conditional use permit to allow expansion of the animal 36
care center. 37
38
The meeting was adjourned at 6:20 p.m. 39
40
These minutes were considered and approved at a regular Council meeting on June 27, 2022. 41
42
43
44
Julianne Bartell, City Clerk Rob Rafferty, Mayor 45
COUNCIL MINUTES
DRAFT
1
1
LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3
MINUTES 4
5
DATE : June 13, 2022 6
TIME STARTED : 6:30 p.m. 7
TIME ENDED : 7:10 p.m. 8
MEMBERS PRESENT : Councilmember Stoesz, Ruhland (part), Cavegn 9
and Mayor Rafferty 10
MEMBERS ABSENT : Councilmember Lyden 11
Staff members present: Finance Director Hannah Lynch; Human Resources and Communications 12
Manager Meg Sawyer; Community Development Director Michael Grochala; City Planner Katie 13
Larsen; Director of Public Safety John Swenson; City Clerk Julie Bartell 14
15
PUBLIC COMMENT 16
There were no public comments. 17
SETTING THE AGENDA 18
The agenda was approved as presented. 19
SPECIAL PRESENTATION 20
Oath of Fire Service –– Firefighters McLaughlin, Opem, Potzmann 21
CONSENT AGENDA 22
Councilmember Cavegn moved to approve the Consent Agenda, Items 1A through 1H as presented. 23
Councilmember Stoesz seconded the motion. Motion carried on a voice vote. (Absent – Ruhland, 24
Lyden) 25
26
ITEM ACTION 27
Consideration of Expenditures: 28
A) Consider Approval of Expenditures for June 13, 2022 29
(Check No. 116519 through 116644) in the Amount of 30
$2,266,497.05 Approved 31
B) Consider Approval of May 23 , 2022 Council 32
Work Session Minutes Approved 33
C) Consider Approval of May 23 , 2022 Council Minutes Approved 34
D) Consider Approval of Appointment of Rookery Part-Time Staff Approved 35
E) Consider Adopting the 2022 Rookery Activity Center Budget Approved 36
F) Consider Approval of Resolution 22-66, Approving the Renewal 37
of Liquor, Wine and Beer Licenses Approved 38
COUNCIL MINUTES
DRAFT
2
G) Consider Approval of Resolution 22-67, Approving Tobacco 39
License Renewals Approved 40
H) Consider Approval of Resolution 22-68, Approving Massage 41
License Renewals Approved 42
FINANCE DEPARTMENT REPORT 43
2A) Consider Accepting the 2021 Annual Audit Report –Finance Director Lynch reviewed the 44
written staff report outlining the city’s audit process and the resulting report which was reviewed in 45
more detail with the council at their last work session. Staff is recommending that the council 46
formally accept the audit report. 47
48
Mayor Rafferty remarked that the City has done a good job for many years in the area of finance; it 49
is a tribute to the City’s finance staff that the prestigious accounting award is again available. He 50
also noted the City’s bond rating as another fruit of the City’s financial diligence. 51
Councilmember Cavegn moved to accept the audit report as presented. Councilmember Stoesz 52
seconded the motion. Motion carried on a voice vote. 53
ADMINISTRATION DEPARTMENT REPORT 54
3A) Consider Appointment of Public Safety Administrative Assistant – Human Resources and 55
Communications Manager Sawyer reviewed the written staff report outlining the process and 56
recommendation to appoint Jessica Crowe to the position. Ms. Crowe is a current employee in the 57
Public Safety Department and has good experience. 58
Councilmember Cavegn moved to approve the appointment of Jessica Crowe as recommended. 59
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 60
3B) Consider Appointment of Human Resources Assistant - Human Resources and 61
Communications Manager Sawyer reviewed the written staff report outlining the process and 62
recommendation to appoint Wendy Petersen to the position. She noted the recommended level of pay. 63
Councilmember Cavegn moved to approve the appointment of Wendy Petersen as recommended. 64
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 65
PUBLIC SERVICES DEPARTMENT REPORT 66
There was no report from the Public Safety Department. 67
PUBLIC SERVICES DEPARTMENT REPORT 68
There was no report from the Public Services Department. 69
COMMUNITY DEVELOPMENT REPORT 70
6A) Consider Approval of Otter Crossing 2nd Addition and Tidal Wave Auto Spa – 71
i. Consider Resolution No. 22-55 Approving Preliminary Plat; ii. Consider Resolution No. 22-56 72
Approving Conditional Use Permit; iii. Consider Resolution No. 22-57 Approving Site 73
Improvement Performance Agreement – City Planner Larsen reviewed a PowerPoint presentation 74
that included information on the following: 75
- Land Use Application – preliminary plat and conditional use permit; 76
COUNCIL MINUTES
DRAFT
3
- Site Location and Aerial Map; 77
- Preliminary Plat Review – Lot 1 and Lot 2 (Lot 1 is car wash – Lot 2 would be vacant); private 78
street extension is included; 79
- Site Plan for Car Wash – elements and revisions required; 80
- Architectural Review; 81
- Stormwater Management Review; 82
- Landscape Plan Review; 83
- Agency and Staff Comments – County (none); Public Safety (hydrant); Environmental Board 84
(reviewed); 85
- Agreements Required; 86
- Findings of Facts, as included in resolutions; 87
- Planning and Zoning Board – recommendation noted. 88
89
Councilmember Stoesz asked if there is a snow storage plan. Ms. Larsen noted that there is no 90
dedicated site for snow storage but if there is not room they would have to remove it from the site. 91
92
Councilmember Ruhland asked if there is any concern about additional vehicle back up. Ms. Larsen 93
explained ordinance requirements (12 spaces) and that staff did build into the CUP that waiting 94
vehicles cannot stage on nearby streets. 95
Mayor Rafferty noted the steel construction and concern about rust or erosion in this climate. Ms. 96
Larsen indicated how that possibility will be handled. 97
Councilmember Ruhland moved to approve Resolution No. 22-55, Resolution No. 22-56 and 98
Resolution No. 22-57 as presented. Councilmember Cavegn seconded the motion. Motion carried 99
on a voice vote. 100
6A) Consider Approval of Otter Lake Animal Care Center: i. Consider Resolution No. 22-58, 101
Approving Conditional Use Permit; ii. Consider Resolution No. 22-59 Approving Site 102
Improvement Performance Agreement – City Planner Larsen reviewed a PowerPoint presentation 103
that included information on the following: 104
- Land Use Application – Conditional use permit; 105
- Site Location Map; 106
- History of CUP (1986, 1996 and 2019); 2019 plans were not implemented within 1 year so 107
they have to reapply; 108
- Existing Site Conditions; 109
- Site Plan – proposed improvements; 110
- Exterior Materials; 111
- Stormwater Management; 112
- Landscape Plan; 113
- Comments – impervious surface, wetlands, floodplain (none), public safety; 114
COUNCIL MINUTES
DRAFT
4
- Environmental Board and Planning and Zoning Board review; 115
- Findings of Fact - included in the resolutions. 116
Dr. Scanlon, owner, noted that his business is expanding quickly with the number of people coming to 117
the area. This is a needed addition and will include the addition of staff. 118
Councilmember Cavegn moved to approve Resolution No. 22-58 and Resolution No. 22-59 as 119
presented. Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 120
UNFINISHED BUSINESS 121
There was no Unfinished Business. 122
123
NEW BUSINESS 124
There was no New Business. 125
126
COMMUNITY EVENTS 127
There were no events announced. 128
COMMUNITY CALENDAR 129
Community Calendar – A Look Ahead 130
June 13, 2022 through June 27, 2022 131
Monday, June 27 6:00 pm, Community Room Council Work Session 132
Monday, June 27 6:30 pm, Council Chambers City Council Meeting 133
134
ADJOURN 135
136
There being no further business, Councilmember Cavegn moved to adjourn at 7:10 p.m. 137
Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 138
139
These minutes were considered and approved at the regular Council Meeting on June 27, 2022. 140
141
142
143
144
Julianne Bartell, City Clerk Rob Rafferty, Mayor 145
146
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Meg Sawyer, HR and Communications Manager
MEETING DATE: June 27, 2022
TOPIC: Consider Approval of Appointment of Rookery Part-Time Staff
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to consider approval of the appointment of part-time staff for The
Rookery.
BACKGROUND
As we continue to move forward with the opening of the new activity center, staff is seeking
approval to hire part-time personnel to work at The Rookery.
The recruiting process continues with interviewing and background investigations. This process
has identified candidates that will be a great addition to our staff at The Rookery.
At this time, staff recommends the Council approve the hiring of the part-time personnel listed
below:
Alexis Ready Lifeguard
Julia Zalewski Lifeguard
Jaden Manthey Lifeguard
Teresa Danzl Pierson Aqua Fitness Instructor
Timothy Henderson Lifeguard
Timothy Ball Lifeguard
Emma Dos Santos Swim Instructor
Bradley Mouser Lifeguard
Austin Brang Lifeguard
Maesa Stegeman Lifeguard
Start dates vary based on position and training schedule.
RECOMMENDATION
Approve the appointment of the personnel above for part-time positions at The Rookery Activity
Center.
CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: June 27, 2022
TOPIC: Appointment of Police Sergeant
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Dan Thill for the vacant Police Sergeant
position in the Public Safety Department.
BACKGROUND
Police Sergeant Melissa Christensen resigned, effective April 16, 2022, creating a vacancy in one
of our Sergeant positions. At this time, staff has completed an internal recruitment process and is
recommending the approval of Mr. Dan Thill for the Police Sergeant position.
Mr. Thill holds a Bachelor’s degree in Criminal Justice and has been with the Lino Lakes Police
Department for over fourteen years. Mr. Thill currently works as a Police Officer and has
performed in additional roles within the department such as investigator, Police Explorer
Advisor, Police Training Officer, Firearms Instructor, and cross-trained as firefighter. Thill also
previously served as a School Resource Officer.
The hourly rate of pay would be $45.26, which is step 4 of the union wage schedule. The union
wage schedule has nine steps. With the Council’s approval, Mr. Thill would start in the position
of Police Sergeant on July 3, 2022.
RECOMMENDATION
Approve the appointment of Dan Thill for the Police Sergeant position.
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: June 27, 2022
TOPIC: Consider Resolution No. 22-46, Approving Payment No. 2 and
Final, 2021 Water Service Condition Review
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council consideration to finalize the 2021 Water Service Condition Review
Project.
BACKGROUND
On September 13, 2021, the City Council accepted the quote for the 2021 Water Service
Condition Review from T.A. Schifsky & Sons, Inc. in the amount of $58,800.00. The project
included replacing eight (8) service saddles on Hawthorn Road, West Shadow Lake Drive (south
of Birch Street), River Birch Place, and Ironwood Circle as a way of identifying problem areas
ahead for the 2022 Street Rehabilitation Project. Construction of the project began in October
2021.
The project was successfully completed with a final contract amount of $49,728.60. In
December of 2021, the City of Lino Lakes paid $47,242.17 to T.A. Schifsky & Sons, Inc., but
retained $2,486.43 (5% of the invoice) to ensure that the site restoration was completed and
acceptable. Staff now recommends releasing the retainage. Funding the project is through the
City’s Water Operating Fund.
RECOMMENDATION
Staff recommends adoption of Resolution No. 22-46, Approving Payment No. 2 and Final, 2021
Water Service Condition Review in the amount of $2,486.43 to T.A. Schifsky & Sons, Inc.
ATTACHMENTS
1. Resolution No. 22-46
2. Pay Voucher No. 2 - Final
CITY OF LINO LAKES
RESOLUTION NO. 22-46
APPROVING PAYMENT NO. 2 AND FINAL FOR THE 2021 WATER SERVICE
CONDITION REVIEW
WHEREAS, on September 13, 2021, the City Council passed resolution 21-97, awarding the
contract for the 2021 Water Service Condition Review to T.A. Schifsky & Sons, Inc. in the
amount of $58,800.00;
WHEREAS, a complete summary of costs are detailed in Payment No. 2 (Final) for the 2021
Water Service Condition Review and can be found on file at the offices of the City of Lino Lakes;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment
Request No. 2 (Final) is approved for a final contract amount of $49,728.60.
Adopted by the Council of the City of Lino Lakes this 27th day of June, 2022.
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:
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
2021 Water Service Condition
Review
Final Pay Voucher 2
Page 1 of 3
Client: City of Lino Lakes Contractor: T. A. Schifsky & Sons, Inc.
600 Town Center Parkway 2370 East Hwy. 36
Lino Lakes, MN 55014-1182 North St. Paul, MN 55109
Contract Amount Funds Encumbered Original Contract $58,800.00 Original $58,800.00
Contract Changes $0.00 Additional N/A
Revised Contract $58,800.00 Total $58,800.00
Work Certified To Date
Base Bid Items $49,728.60
Contract Changes $0.00
Material On Hand $0.00
Total $49,728.60
Work Certified
This Voucher
Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount
Paid To Date
$0.00 $49,728.60 $0.00 $47,242.17 $2,486.43 $49,728.60
Percent Retained: 0% Percent Complete: 84.57%
FINAL PAY VOUCHER
I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire
amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and
pursuant to, the terms of the Contract is as shown in this Final Voucher.
Approved By WSB Approved By T. A. Schifsky & Sons, Inc.
Project Engineer
Date Date
Approved By City of Lino Lakes
Date
WSB Project No.: 018678-000
Client Project No.:
State Project No.:
Federal Project No.:
5.19.226/20/2022
2021 Water Service Condition
Review
Final Pay Voucher 2
Page 2 of 3
Payment Summary
No. Up Through Date Work Certified
Per Voucher
Amount Retained
Per Voucher
Amount Paid
Per Voucher
1 11/30/2021 $49,728.60 $2,486.43 $47,242.17
2 04/30/2022 $0.00 ($2,486.43) $2,486.43
Funding Category Name Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount Paid
To Date
Local $49,728.60 $0.00 $47,242.17 $2,486.43 $49,728.60
Accounting
Number Funding Source Amount Paid
This Voucher
Revised Contract
Amount
Funds
Encumbered
To Date
Paid Contractor
To Date
1 Local $2,486.43 $58,800.00 $58,800.00 $49,728.60
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
1 2021.501 MOBILIZATION LS $9,250.00 1 0 $0.00 1 $9,250.00
2 2104.503 REMOVE CURB & GUTTER L F $15.00 60 0 $0.00 0 $0.00
3 2104.504 REMOVE BITUMINOUS DRIVEWAY
PAVEMENT S Y $15.00 25 0 $0.00 0 $0.00
4 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $10.00 434 0 $0.00 374.11 $3,741.10
5 2360.504 TYPE SP 9.5 WEAR CRS MIX (2,C)
3.0" THICK S Y $45.00 25 0 $0.00 0 $0.00
6 2360.509 TYPE SP 9.5 BITUMINOUS MIXTURE
FOR PATCHING TON $125.00 86 0 $0.00 89.58 $11,197.50
7 2504.602 WATER SERVICE SYSTEM EACH $3,130.00 8 0 $0.00 8 $25,040.00
8 2531.603 CONCRETE CURB & GUTTER DES
SURMOUNTABLE L F $65.00 60 0 $0.00 0 $0.00
9 2563.601 TRAFFIC CONTROL LS $500.00 1 0 $0.00 1 $500.00
10 2573.502 STORM DRAIN INLET PROTECTION EACH $110.00 10 0 $0.00 0 $0.00
11 2574.507 COMMON TOPSOIL BORROW C Y $50.00 10 0 $0.00 0 $0.00
12 2575.504 SODDING TYPE LAWN S Y $30.00 34 0 $0.00 0 $0.00
Bid Totals: $0.00 $49,728.60
Project Category Totals
Category Amount This Voucher Amount To Date
A. WATERMAIN IMPROVEMENTS $0.00 $49,728.60
2021 Water Service Condition
Review
Final Pay Voucher 2
Page 3 of 3
Contract Change Item Status
CC CC
No.
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
Contract Change Totals:
Contract Change Totals
No. Contract
Change Description Amount This
Voucher
Amount To
Date
Material On Hand Additions
Line
No. Item Description Date Added Comments
Material On Hand Balance
Line
No. Item Description Date Added Used Remaining
1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: June 27, 2022
TOPIC: Lake Amelia Woods
i. Consider Resolution No. 22-18, Approving Final Plat
ii. Consider Resolution No. 22-19, Approving Development
Agreement
VOTE REQUIRED: 3/5
REVIEW DEADLINE:
Complete Application Date: December 16, 2021
60-Day Review Deadline: February 14, 2022
120-Day Review Deadline: April 15, 2022
Environmental Board Meeting: N/A
Park Board Meeting: N/A
Planning & Zoning Board Meeting: January 12, 2022
City Council Work Session: June 27, 2022
City Council Meeting: June 27, 2022
BACKGROUND
The applicant, Tom Budzynski of TJB Homes, Inc, submitted a land use application for final
plat. The applicant proposes to subdivide 2 existing parcels into four, 10 acre rural lots for the
purpose of constructing four (4) new single family homes. The subject site is located east of
Amelia Lake and is 40.85 gross acres as measured above the OHWL. The name of the final
plat is Lake Amelia Woods.
This staff report is based on the following information:
• Preliminary Plat Plan Set prepared by Acre Land Surveying revision date 12/8/2021
• Preliminary Plans prepared by Civil Methods, Inc. revision date 12/3/2021
• Tree Preservation Plan prepared by Midwest Natural Resources dated 6/20/22
• Stormwater Management Plan prepared by Civil Methods Inc. dated 6/18/2020
• Final Plat prepared by Acre Land Surveying received 12/13/2021
Previous Council approvals:
2
• November 8, 2021: Resolution No. 21-114 Approving Preliminary Plat
This staff report provides a comparison of the approved preliminary plat and the proposed final
plat. Changes in the plans are either narratively described or shown as strikethrough (deletions)
or underline (additions). Overall, the final plat is consistent with the preliminary plat.
Existing Site Conditions
The 40 acre site is currently vacant, natural open space. Per the MLCCS, land cover includes
cattail marsh, deciduous woodlands, oak forest and tall grasslands. It is in the shoreland district
of Amelia Lake. Topography contour elevations range from 908.1 OHWL to 930 along CSAH
54 and from 900 on the south end to 950 on the north end. A previously submitted Existing
Slopes and Hydrology plan sheet indicating some slopes exceeding 20% on site. No
development is proposed in these areas. The property width tapers from approximately 1,000
feet (north) to 200 feet (south). The property length along CSAH 54 is approximately 3,000
feet. A 66 foot wide utility transmission easement with overhead power lines bisects the parcel
north to south. Groundwater was encountered at 4 – 19 ft. Wetlands exist on site.
Zoning
The subject site is zoned R-X, Rural Executive. One single family detached dwelling is
allowed per 10 acre parcel.
Current Zoning R-X, Rural Executive
Current Land Use Vacant Rural Residential
2040 Land Use Plan Urban Reserve
Utility Staging Area Post 2040
Surrounding Zoning and Land Use
Direction Zoning Current Land Use Future Land Use
North R-X Rural Residential Urban Reserve
South R-X Rural Residential Permanent Rural
East R-X I-35E I-35E
West R-X Amelia Lake Amelia Lake
Density and Land Area Calculations
Per the 2040 Comprehensive Plan, the subject site is guided Urban Reserve and the land is
preserved for post-2040 development. Land use prior to 2040 is limited to agricultural related
uses and single family residential limited to 1 unit per 10 acres. The proposed development of
1 unit per 10 acres is consistent with the comprehensive plan.
3
Zoning Requirements
The subject site is zoned R-X, Rural Executive. It is 40.85 gross acres as measured above the
OHWL 908.1 EL. Four (4) lots are being created for the purpose of constructing one (1) single
family home per lot. The site is also subject to requirements of the Shoreland Management
Overlay District. Amelia Lake is classified as a Natural Environment Lake.
Shoreland and R-X
Requirements
Lots 1-4
Lake Amelia
Woods
Min. Lot Size1 10 acres 10.07-10.55 acres
Min. Contiguous Acres 2 acres 6.14-9.55 acres
Min. Lot Width2 330 ft 540-1,000 ft
Min. Lot Depth NA NA
Building Setback (feet)
-From Collector Streets
(CSAH 54) 40 ft 150-500 ft
-From OHWL
--Principal 150 ft 150 ft
-Accessory3 150 ft 150 ft
-Side Yard
--Principal 10 ft 20-200 ft
--Accessory 5 ft 150 ft
Impervious Surface4 30% 5.2-5.9%
1Only land above the OHWL can be used to meet the lot size standards
2Lot width standards are met at both the OHWL setback line and the front building setback line
3One water-oriented accessory structure may be setback 75 feet from the OHWL and outside
the wetland buffer
4Per Shoreland Management Overlay District
The lots will have limited ability to construct accessory structures, decks or additions due to the
required OHWL setback, topography and wetland buffers. This shall be is noted on the
preliminary plat and shall be noted on the certificate of survey submitted with each building
permit.
In an R-X zoning district, a detached accessory structure is allowed at least 100 ft from the
CSAH 54/20th Avenue road right-of-way.
4
Building Requirements
At the time of building permit, the single family homes will be reviewed for compliance
regarding floor area, garage, design and construction standards and septic system design.
Subdivision Ordinance
Per City Code Section 1001.076(1), a subdivision which results in three or fewer unsewered
residential parcels, tracts or lots from one or two existing parcels, tracts or lots, within
unsewered residential areas of the city is a minor subdivision. A subdivision that results in
more than three lots from one or two existing lots shall be platted.
Four (4) unsewered residential parcels are proposed; therefore, a preliminary and final plat are
required.
Conformity with the Comprehensive Plan and Zoning Code
The preliminary plat and final plat are consistent with the comprehensive plan for urban reserve
development and zoning code requirements for R-X, Rural Executive as discussed above.
Blocks and Lots
The preliminary plat and final plat contain Lots 1-4, Block 1, Lake Amelia Woods.
Ghost Plat
Per City Code Section 1007.042(2)(d), all subdivisions in areas without public sanitary sewer
shall be designed such that the larger non-sewered lots can be resubdivided to provide smaller
sewered lots when sewer becomes available in the future. Homes and accessory buildings shall be
located on these lots so as to allow for future resubdivisions. This is also supported by City Code
Section 1007.081(2)(d).
The applicant submitted Sheet S4, Ghost Plat showing future resubdivisions of the 4 lots.
Further subdivision of these lots will require public sanitary sewer and water. The ghost plat
shall has been revised to reflect street right-of-way extending north to parcel PID #35-31-22-
12-0001 and utility easements. The house on Lot 1 shall meets a 30ft setback from the ghost
plat street right-of-way.
It should also be noted the City’s review and comments on the ghost plat do not grant any
rights to develop the property as depicted on the ghost plat.
Streets and Alleys
All 4 lots are served by CSAH 54/20th Avenue which is an A-Minor Reliever. Street right-of-
way 60 ft wide from centerline is required and provided on the preliminary plat. The A-Minor
Reliever road has capacity for 4 additional lots.
5
The private driveway for 6351 20th Avenue encroaches south onto the subject site
approximately 24 ft. A 24 ft wide Private Ingress/Egress Easement Access Easement
Agreement is proposed over the driveway. The applicant shall has prepared a separate
easement and exhibit clearly showing the location of the easement. This easement agreement
shall be recorded.
Easements
The following drainage & utility easements are shown on the preliminary plat and are required
on the final plat:
• CSAH 54/20th Avenue = 20 ft
• Side Lot Lines = 10 ft
• Amelia Lake = Delineated Wetland + 10 ft or
• Amelia Lake = Floodplain 100 yr. Elevation + 10 ft (whichever is greater)
• Wetlands = Delineated boundary + 10 ft
• Stormwater Facilities = HWL + 10 ft
Storm Water Management and Erosion and Sediment Control
Per City Code Section 1011.011, a stormwater management plan is required for all proposed
land development activity if the site is within the 100-year floodplain or within 1,000 feet of a
public water. Lake Amelia Woods is within the floodplain and shoreland district.
Per the Storm Water Management Plan prepared by Civil Methods, Inc. dated June 18, 2020,
the project is expected to disturb approximately 5 acres and add 2.22 acres of new impervious
area to the site. Runoff from the site enters Lake Amelia at 4 general locations. Drainage
patterns will be maintained from existing to proposed conditions. No other properties will be
impacted by runoff from the project. Drainage from the proposed impervious area will be
conveyed to stormwater treatment basins and ultimately to Lake Amelia as it does under
existing conditions.
• Water Quality Treatment Volume
The City requires treatment of runoff based on 1.1” over the new impervious surface. Six (6)
biofiltration basins with native vegetation are proposed for water quality treatment. Infiltration
is not feasible due to presence of clay and the site is within the Drinking Water Supply
Management Area (DWSMA).
• Runoff Rate Control
The City requires no increase in peak flow rates for the 2, 10 and 100 yr. frequency events.
With the proposed basins, runoff rates are held or reduced for the overall project.
• Water Quality Control
Water quality control is being provided through a series of biofiltration basins (raingardens).
6
A minimum 75 foot wide vegetated wetland buffer along Wetland A (lake) equivalent to the
shore impact zone area is provided as a stormwater management best management practice
(BMP) to minimize runoff pollutants from entering the lake. This is supported by City Code
Section 1102.07(1)(c)3c.
The City Engineer commented that more information is was needed to determine low floor
separation, basins shall be on the same lot as they are treating, and filtration basins are not
allowed in the Drinking Water Supply Management Area. These items have been resolved.
Per City Code Section 1102.07(2)(a), structures and facilities must be located to meet all
setbacks. Stormwater facilities are not allowed within the 150ft OHWL setback, 40 ft CSAH
54 setback or 10 ft side yard building setbacks. The basin on Lot 1 shall be is outside the 40 ft
setback along CSAH 54.
Utilities
Sanitary Sewer
Public sanitary sewer is not available to the site. Private septic systems will be required for
each parcel. The plans show a primary and alternate site location per lot and corresponding soil
boring data was provided. Standard mound systems are proposed for Lot 1 and Lot 2. Type 3
septic systems are proposed for Lot 3 and Lot 4. Per City Code Section 1102.12(2) of the
Shoreland Management Overlay district, lots that would require use of holding tanks shall not
be approved. Private septic systems cannot be located with the 150 ft shoreland setback. These
requirements are met.
Watermain
Public watermain is not available to the site. Private wells will be required for each parcel.
Well locations are shown on the preliminary plat and placed in relationship to the individual
sewage disposal facilities on the same and adjoining lots.
The applicant has demonstrated that each lot can accommodate a private well.
Public Land Dedication
Per the City’s 2040 Comprehensive Plan and Anoka County Chain of Lakes-Otter Lake
Regional Trail Master Plan, a regional trail is proposed on the east side of Amelia Lake. The
proposed trail extends from CSAH 14 (Main Street) through the City’s future recreational
facility on Birch Street then south along 20th Avenue. A separate trail easement 20 ft wide
along CSAH 54 and 44 ft wide along the south lot line of 6351 20th Avenue shall be recorded.
The 44 ft wide easement covers both the 24 ft private driveway easement and 20 ft trail
easement. The applicant shall has prepared a separate Permanent Trail and Sidewalk Easement
document and exhibit clearly showing the trail easement location. This easement shall be
recorded.
The City will require cash in lieu of land dedication for each new lot.
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Park Dedication Fees
Total # of Lots = 4
x 2021 Park Dedication Fee $3,160
= Total Due $12,640
Tree Preservation
The goal of tree preservation is to minimize unnecessary loss of habitat, biodiversity and forest
resource and to replace removed trees in areas where tree cover is most critical. Tree
preservation is especially important within the Shoreland Management Overlay District to
prevent erosion, preserve shoreland aesthetics and protect wildlife habitat.
Per the Tree List Inventory, there are 793 trees on the subject site. Per revised Sheet TR1-Tree
Preservation Plan and Sheet TR2- Tree Mitigation Plan dated June 20, 2022, 235 187 trees will
be saved, 536 605 will be removed in the basic use and non-environmentally sensitive areas,
and 22 1 will be removed in the natural resource protected area. These 22 trees will be
mitigated for at a rate of one tree provided for every two trees removed. The stormwater basins
were included in the basic use area and they should not.
Per revised sheet TR2, 104 mitigation trees are required. Twenty-three (23) trees will be
planted and the remaining 81 trees will be mitigated by paying a $485 fee per tree in lieu of
planting for a total of $39,285.
Landscaping
Canopy cover, foundation landscaping, open space landscaping and buffer and screens are not
required for the 4 lot subdivision.
Boulevard Trees
Boulevard trees are required at the rate of 1 tree per lot frontage for singly family lots. Lots 1-4
contain existing trees along CSAH 54/20th Avenue that serve as boulevard trees. No additional
boulevard trees are required.
Sod and Ground Cover
All disturbed areas shall have appropriate ground cover in accordance with Section
1007.043(17)(h).
Environmental Review Record
An Environmental Assessment Worksheet is not mandated. The four (4) unattached residential
units are under the 250 unattached unit threshold required for a mandatory EAW.
8
Great River Energy & UPA Easements
The preliminary plat plan set shows a 70 ft wide Great River Energy Easement over an existing
overhead transmission line that runs north-south through the development. The plan set notes
“Proposed Great River Energy Easement”; however, the easement exists and is recorded. All
plan sheets have been revised to remove the word “proposed” and include the recording
document number.
The preliminary plat plan set also shows a 66 ft wide UPA Easement along CSAH 54. It does
not appear this easement is over an existing utility line. If the easement is not required, it
should be vacated. The owner is corresponding with the utility company to vacate the
easement. Great River Energy/UPA has provided a recorded Partial Release of Easement
document.
Wetlands
A Wetland Delineation Report was completed by Midwest Natural Resources, Inc. on October
12, 2016. A WCA Notice of Decision (NOD) approving the wetland delineation was issued by
VLAWMO on November 14, 2016. Although the NOD states the delineation is good for 3
years, staff received confirmation from VLAWMO that the NOD is actually good for 5 years.
Five (5) wetlands were delineated on site.
Wetland Acres
Buffer
Management
Class
Base Buffer
Width
Minimum
Buffer
Width
A Wetland fringe
of Amelia Lake NA 75ft1 NA
B 0.19 Manage 2 30ft 24ft
C 0.67 Manage 2 30ft 24ft
D 1.93 Preserve 75ft 67ft
E 1.23 Manage 2 30ft 24ft
1A MnRAM Buffer Management Classification was not provided for Wetland A due to its
proximity to the lake OHWL. The City will require a 75ft wide wetland buffer equivalent to the
shore impact zone as a stormwater BMP.
Wetland buffer widths in accordance with VLAWO’s Buffer Management Class are provided
on the preliminary plat and have been approved by VLAWMO. A 75 foot wide vegetated
wetland buffer equivalent to the shore impact zone area is provided along Wetland A (lake) as a
stormwater management best management practice (BMP) to minimize runoff pollutants from
entering the lake. The buffer extends 75 ft from the delineated wetland boundary. A wetland
buffer declaration shall be recorded. The wetland buffer shall be indicated by permanent, free-
standing markers.
The wetland buffer widths have been adjusted according to VLAWMO policy. The driveway
on Lot 2 no longer impacts the wetland buffers; therefore, a variance is not needed.
9
A drainage and utility easement 10 feet above the delineated wetland is provided.
All plan sheets have been revised to show the correct wetland buffer and drainage & utility
easements.
Rare, Unique or Significant Resources
Water willow (Decodon verticillatus), a MN DNR listed species of Special Concern, has been
identified on site per the wetland delineation report. It occurs on undisturbed lakeshores.
Conservation of this species depends on avoiding physical alterations of shoreline and
preserving native plant buffers. Minimal impacts to the resource along the lake shore are
allowed for a 20 ft wide access to the lake.
Wetland D is classified as a preserve due to high value amphibian habitat and vegetative
diversity.
These areas will be protected by a wetland buffer adjacent to the wetlands and shoreline.
Floodplain
The 2015 DFIRM indicates Zone AE floodplain along the lake. The FEMA base flood
elevation (BFE) is 910.2 EL. No floodplain impacts are proposed with this development.
Shoreland Management Overlay
The general purpose and intent of the Shoreland Management Overlay ordinance is to protect
public waters. Per the ordinance Policy statement, the uncontrolled use of shorelands of the
city affects the public health, safety and general welfare not only by contributing to pollution of
public waters, but also by impairing the local tax base. Therefore, it is in the best interests of
the public health, safety and welfare to provide for the wise subdivision, use and development
of shorelands of public waters.
As discussed, the site is located in a Shoreland Management Overlay district of Amelia Lake.
This lake is a classified as a Natural Environment Lake and has a 908.1 OHWL elevation. The
required OHWL setback is 150 ft for unsewered lots. The proposed houses and private septic
system setbacks are compliant.
Per City Code Section 1102.07(2)(a), structures and facilities must be located to meet all
setbacks. Stormwater facilities are not allowed within the 150 ft OHWL setback, 40 ft CSAH
54 setback or 10 ft side yard building setbacks. The plans shall have been revised for Lot 1.
Except for allowed water-orientated accessory structures, accessory structures and facilities
shall meet the required principal structure setback and shall be centralized (City Code Section
1102.07(1)(c)6).
Per City Code Section 1102.87(1)(c)4 of the Shoreland Management Overlay ordinance,
impervious surface coverage on each lot must not exceed 30%. Per the Preliminary Plat, each
lot is under 5.9% impervious and meet the allowed impervious surface coverage requirements.
10
A native vegetated wetland buffer will be required as a stormwater management best
management practice (BMP) to minimize runoff pollutants from entering the lake.
Wetland/Shoreline Buffer Zone
Amelia Lake is one of the few unimpaired lakes in the city and efforts to protect and improve
the natural resource should be implemented with any development. A 75 ft wide vegetated
wetland/shoreline buffer along Wetland A (lake) is provided as a stormwater management best
management practice (BMP) to minimize runoff pollutants from entering the lake. The buffer
will also help stabilize the shoreline, reduce erosion and support aquatic plants and wildlife.
One (1) access opening through the wetland buffer to the lake no greater than twenty (20) ft
wide is allowed per lot.
No structures, not even water-orientated accessory structures, are allowed in the 75 ft wide
wetland/shoreline buffer zone.
Shore Impact Zone
By definition, the shore impact zone is the land between the OHWL and a line parallel to it at a
setback of 50% of the structure. Since the required structure setback is 150 ft, the shore impact
zone is 75 ft from the OHWL.
No structures, not even water-orientated accessory structures, are allowed in the 75 ft wide
wetland/shoreline buffer zone.
Comprehensive Plan
The preliminary and final plat are consistent with the Comprehensive Plan is regards to
resource management system, land use plan, housing plan, transportation plan and sanitary
sewer and water supply plan.
Environmental Board Comments
The Environmental Board reviewed the proposed preliminary plat on August 25, 2021. Their
recommendations are were noted in the October 1, 2021 memo from the Environmental
Coordinator. These comments have been addressed. Additional comments from the June 21,
2022 Environmental Coordinator memo have also been addressed.
One specific comment was to prohibit motorized boats on Amelia Lake. This requires adopting
water surface restrictions with property owner input, a public hearing, City ordinance and
MNDNR approval. At the September 8, 2021 Planning & Zoning Board meeting, the Board
did not support regulating motorized boat activity on the lake without input from all the lake
property owners. The Board suggested the property owners could pursue this avenue on their
own if they desired. One resident, Steve Gallop-6102 Centerville Road, spoke in favor of the
restriction. The City Council did not require any restrictions either.
11
Anoka County Highway Department
Per the County’s October 7, 2021 letter, they have reviewed the preliminary plat and final plat
and have no further comments.
MNDNR Comments
MNDNR provided email comments on October 6, 2021. They request the OHWL elevation
(NAVD 88) shown on the preliminary plat be revised to reflect the DNR’s official complete
value which is 908.36. This revision has been made.
VLAWMO Comments
VLAWMO provided advisory comments on August 31, 2021 and September 27, 2021.
Overall, the development’s stormwater plan meets rate control, runoff volume and water
quality requirements. Wetland boundaries, management classifications and buffer widths have
also been reviewed and approved.
Development Agreement
A Development Agreement has been drafted by the City and shall be executed.
Title Commitment
Per the City Attorney and as detailed in Resolution No. 21-114 approving the preliminary plat,
the following comments regarding the title commitment and final plat shall be addressed prior
to final plat approval:
1. The effective date shall be updated. The title commitment has been updated.
2. Item 15(a) in Schedule B-Part II indicates a gap exists between the road right-of-way
and the property line. On June 14, 2022, an Order for Judgement was made by the
District Court resolving the gap in title issue.
3. These items shall be resolved prior to Council approval. These issues have been
resolved.
Stormwater Maintenance Agreement
The stormwater ponds will be privately maintained and a Stormwater Maintenance Declaration
will be required have been drafted with the final plat and shall be recorded by the applicant.
Findings of Fact
The Findings of Fact for Lake Amelia Woods are detailed in Resolution No. 22-18.
RECOMMENDATION
Staff and Boards recommend approval of the attached resolutions for Lake Amelia Woods
Final Plat and Development Agreement.
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ATTACHMENTS
1. Preliminary Plat
2. Resolution No. 22-18
3. Final Plat
4. Resolution No. 22-19
5. Development Agreement
1
CITY OF LINO LAKES
RESOLUTION NO. 22-18
RESOLUTION APPROVING LAKE AMELIA WOODS FINAL PLAT
WHEREAS, the City received a land use application for Lake Amelia Woods Final Plat
hereafter referred to as Development; and
WHEREAS, City staff has completed a review of the proposed Development based on
the following plans and information:
• Preliminary Plat Plan Set prepared by Acre Land Surveying revision date
12/8/2021
• Preliminary Plans prepared by Civil Methods, Inc. revision date 12/3/2021
• Tree Preservation Plan prepared by Midwest Natural Resources dated 6/20/22
• Stormwater Management Plan prepared by Civil Methods Inc. dated 6/18/2020
• Final Plat prepared by Acre Land Surveying received 12/13/2021; and
WHEREAS, the City Council approved the Lake Amelia Woods Preliminary Plat on
November 8, 2021 with Resolution No. 21-114; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
Development on January 12, 2022; 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 has reviewed the status of title/property ownership related to
the final plat.
3. A Development Agreement has been drafted and shall be executed.
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 Lake Amelia Woods Final Plat subject to the following conditions:
2
1. The lots will have limited ability to construct accessory structures, decks and
additions due to OHWL setbacks, floodplain, wetland buffers and topography.
2. The Access Easement Agreement with exhibit related to the private driveway for
6351 20th Avenue shall be recorded.
3. The Permanent Trail and Sidewalk Easement with exhibit shall be recorded.
4. The Partial Release of Easement granted by Great River Energy (GRE) as it
relates to the UPA Easement Doc. No. 413293 shall be recorded.
5. A Declaration for Maintenance of Stormwater Facilities shall be recorded.
a. Stormwater basins are required to minimize stormwater and pollutants
from entering public waters.
6. A Wetland Buffer Declaration shall be recorded against each lot. Vegetated
wetland buffers shall be managed and maintained in accordance with the
declaration.
7. A minimum 75 foot wide vegetated wetland buffer along Wetland A (lake)
equivalent to the shore impact zone area shall be required as a stormwater
management best management practice (BMP) to minimize runoff pollutants from
entering the lake.
a. One (1) access opening to the lake no greater than 20 feet wide is allowed
on each lot.
b. Minimal impacts to the water willow, an identified rare, unique and
significant resource along the lake shore, are allowed for the 20ft wide
access.
c. No structures are allowed in the wetland buffer such as water-orientated
accessory structures, boat houses, paver patios, sheds, etc.
8. All driveways shall be hard surfaced within the street right-of-way of CSAH
54/20th Avenue.
9. A licensed septic designer shall locate a primary and alternate site for private
septic systems on each lot with consideration of wetland buffers, soil types and
limitations, topography and shoreland district. This information shall be provided
with each single family home building permit application.
10. No structures, stormwater facilities and private septic systems shall be located
within the 150ft OHWL setback, 40ft CSAH 54 setback or 10ft side yard building
setbacks.
a. One (1) water-oriented accessory structure may be setback 75 feet from
the OHWL and outside the wetland buffer.
11. No structures and septic systems shall be located in the wetland buffers.
12. The City’s review and comments on the ghost plat do not grant any rights to
develop the property as depicted on the ghost plat.
13. Blanding’s turtle flyer and factsheet shall be distributed to all contractors working
on the site.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Lake Amelia Woods Final Plat subject to the following items being addressed
prior to release of the mylars:
1. The Development Agreement shall be fully executed by the City and Developer.
3
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Lake Amelia Woods Final Plat subject to the following items being recorded
prior to issuance of any building permits:
1. Final Plat
2. Development Agreement
3. Declaration for Maintenance of Stormwater Facilities
4. Access Easement Agreement
5. Permanent Trail and Sidewalk Easement
6. Partial Release of Easement
7. Wetland Buffer Declaration
Adopted by the Council of the City of Lino Lakes this 27th day of June, 2022.
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:
______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 22-19
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
FOR LAKE AMELIA WOODS
WHEREAS, the City Council approved the Lake Amelia Woods Final Plat with Resolution No.
22-18 on June 27, 2022; 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 CB Property, LLC and the City of Lino
Lakes for Lake Amelia Woods 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 27th day of June, 2022.
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:
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
DEVELOPMENT AGREEMENT
Lake Amelia Woods
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City
of Lino Lakes (“City”), a Minnesota municipal corporation, and CB Property, LLC. (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
21-114 for a plat known as Lake Amelia Woods (“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 Lake Amelia Woods is
contingent upon execution and delivery of this agreement, all required petitions, bonds,
security, and other documents required by the City, and satisfaction of all conditions of
approval required by Resolution No. 22-18. The Final Plat is attached hereto as Exhibit A.
3. Phased Development. The City may refuse to approve final plats of subsequent additions
of the plat 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 and are fully executed.
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. Lake Amelia Woods civil plan set containing 8 sheets, prepared by Civil
Methods, Inc., revised December 3, 2021, received June 11, 2022.
ii. Lake Amelia Woods Tree Preservation plan dated December 8, 2021,
prepared by Midwest Natural Resources, received June 11, 2022.
5. Permits. The Developer shall be responsible for securing all site grading and
development approvals and all other required 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.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 2
6. Developer Improvements. The Developer shall secure a contractor to install the
improvements described in this paragraph, or otherwise required herein to be installed
by Developer, hereinafter referred to as the “Developer Improvements,” which
contractor shall be approved by the City in its absolute and sole discretion. The
Developer Improvements shall be constructed per the City Standard Specifications for
Construction 2022, current version.
The cost of Developer Improvements is as shown on Exhibit B 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 Vadnais Lakes
Water Management Organization (VLAWMO) 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 VLAWMO
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 in writing 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 in conjunction with the building
construction. Four inches of topsoil and a City approved seed mix shall be
installed within disturbed areas, and seed mix information shall be
provided to the City.
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. The Developer shall provide
testing from an approved testing company.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 3
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.
v. The Developer shall promptly clear dirt and debris within public rights-of-
way and drainage and utility easements resulting from construction by
the Developer, its purchasers, builders and contractors within five (5)
days 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. Street improvements - not applicable.
d. Sidewalks, trails and street lighting - not applicable.
e. Storm sewers including all necessary laterals, catch basins, inlets and other
appurtenances, shall be furnished and installed.
f. Sanitary sewer facilities shall be furnished and installed.
g. Private wells shall be furnished and installed.
h. The Developer shall place iron monuments at all lot, block, and outlot corners
and at all other angle points on boundary lines consistent with the final plat.
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. The landscaping shall be maintained by the Developer until accepted by
the City’s Environmental Coordinator.
Developer shall be responsible for vegetative restoration of ponding areas,
outlots, wetland mitigation areas, and other native planting areas identified on
the plans in accordance with City Standard Specifications for Construction.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 4
Developer shall provide a contract with a qualified firm for the establishment
and maintenance of all open space / native plant areas. Said contract shall cover
a minimum of the 3 year establishment period, from the date of planting.
j. The Developer shall arrange for all gas, telecommunications, cable, internet,
electric, and other necessary private utility services to the Subdivision in
accordance with City Code and State law. The utilities are required to be located
within a joint trench. The Developer is solely responsible for the cost of private
utility and internet installation.
k. The Developer shall install mailboxes in accordance with Federal and Postal
Service regulations.
l. The Developer shall install wetland buffer signs per City standard detail plates
prior to the issuance of building permits.
7. Time of Performance. The Developer shall install all required improvements
enumerated in Paragraph 6 by November 30, 2023. 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 installed 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 as applicable. 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 that certify that grading work meets pertinent compaction
requirements for the project.
c. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 5
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 as determined by the City Engineer.
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
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. Public Improvement Surety Agreement, not applicable.
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 Council. 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 Surety Bond or Cash Escrow to cover the warranty
provisions of this Agreement. The amount shall be 20 % of the original cost of construction
identify in Schedule B.
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
Lake Amelia Woods
Development Agreement
June 27, 2022
page 6
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
rights-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
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 their 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 B for
breakdown of costs):
i. Planning/ Review
ii. Administration - 3% of Developer Improvement Costs
iii. City Engineering and Legal
iv. Street lighting installation not applicable
v. Traffic signing improvements
vi. Boulevard tree planting
vii. Street, storm sewer and pond maintenance
viii. Property Taxes not applicable
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.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 7
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 B for
breakdown of costs):
a. Park Dedication
The Park Dedication Fee for this site is calculated as follows:
4 units x $3,160.00 per unit = $12,640.00
b. Tree Preservation Mitigation Fee
The Tree Preservation Mitigation Fee for this site is calculated as follows:
81 trees x $485.00 per tree = $39,285.00
c. Maintenance and energy costs not applicable
d. GIS Mapping Fees
e. Trunk Sewer Connection Fees not applicable.
f. Trunk Water Connection Fees not applicable.
g. Surface Water Management Area Charges not applicable.
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 Unit
Charge, Trunk Water Unit Charge and the Surface Water Management Area
Charge (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 B). 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
Lake Amelia Woods
Development Agreement
June 27, 2022
page 8
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
the City for any deficiency and the City shall pay the Developer any surplus
arising from the payment based upon such estimate.
e. Acceleration of Special Assessments 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
Lake Amelia Woods
Development Agreement
June 27, 2022
page 9
court costs and reasonable engineering and attorneys' fees, if the City prevails in
any enforcement action.
18. Building Permits. No building permits shall be issued until:
a. Site grading, certified compaction testing, and gas, electric, telecommunication,
cable and internet are installed and approved by the City.
b. Security for Developer Improvement Costs is received by the City, and the
Development escrow balance is sufficient as outlined in Section 15 b.
19. Special Provisions There are no special revisions.
20. 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
21. 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 Two Million and no/100
($2,000,000.00) 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.
22. 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,
including but not limited to attorney and engineering fees, 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,
Lake Amelia Woods
Development Agreement
June 27, 2022
page 10
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.
23. 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, or sent by email to the email address below.
Such notice or demand shall be deemed timely given when delivered personally
or when deposited in the mail in accordance with the above or when emailed.
The addresses of the parties are as set forth until changed by notice given as
above.
CB Property, LLC.
John Commers
11841 Flanders Circle NE
Blaine MN 55449
John.commers@commers.com
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
mgrochala@linolakes.us
Lake Amelia Woods
Development Agreement
June 27, 2022
page 11
24. Land Use Controls
a. The lots will have limited ability to construct accessory structures, decks and
additions due to OHWL setbacks, floodplain, wetland buffers and topography.
b. The Access Easement Agreement with exhibit related to the private driveway for
6351 20th Avenue shall be recorded.
c. The Permanent Trail and Sidewalk Easement with exhibit shall be recorded.
d. The Partial Release of Easement granted by Great River Energy (GRE) as it relates
to the UPA Easement Doc. No. 413293 shall be recorded.
e. A Declaration for Maintenance of Stormwater Facilities shall be recorded.
i. Stormwater basins are required to minimize stormwater and pollutants
from entering public waters.
f. A Wetland Buffer Declaration shall be recorded against each lot. Vegetated
wetland buffers shall be managed and maintained in accordance with the
declaration.
g. A minimum 75 foot wide vegetated wetland buffer along Wetland A (lake)
equivalent to the shore impact zone area shall be required as a stormwater
management best management practice (BMP) to minimize runoff pollutants
from entering the lake.
i. One (1) access opening to the lake no greater than 20 feet wide is
allowed on each lot.
ii. Minimal impacts to the water willow, an identified rare, unique and
significant resource along the lake shore, are allowed for the 20ft wide
access.
iii. No structures are allowed in the wetland buffer such as water-orientated
accessory structures, boat houses, paver patios, sheds, etc.
h. All driveways shall be hard surfaced within the street right-of-way of CSAH
54/20th Avenue.
i. A licensed septic designer shall locate a primary and alternate site for private
septic systems on each lot with consideration of wetland buffers, soil types and
limitations, topography and shoreland district. This information shall be provided
with each single family home building permit application.
j. No structures, stormwater facilities and private septic systems shall be located
within the 150ft OHWL setback, 40ft CSAH 54 setback or 10ft side yard building
setbacks.
i. One (1) water-oriented accessory structure may be setback 75 feet from
the OHWL and outside the wetland buffer.
k. No structures and septic systems shall be located in the wetland buffers.
l. The City’s review and comments on the ghost plat do not grant any rights to
develop the property as depicted on the ghost plat.
Lake Amelia Woods
Development Agreement
June 27, 2022
page 12
IN WITNESS WHEREOF, the City and the Developer have caused this Development Agreement to be
executed in their respective corporate names by their duly authorized officers, all as of the date and
year first written above.
CITY OF LINO LAKES
By _________________________
Mayor
ATTEST
By _________________________
City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2022,
by Rob Rafferty 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 ____________, 2022,
by Julianne Bartell as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
Lake Amelia Woods
Development Agreement
June 27, 2022
page 13
THIS PAGE INTENTIONALLY LEFT BLANK
Lake Amelia Woods
Development Agreement
June 27, 2022
page 14
Execution page of the Developer to the Development Agreement, dated as of the date and year
first written above.
DEVELOPER
By ______________________
Its ______________________
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2022, before me, a Notary Public within and
for said County, personally appeared ____________, __________________ of
___________________. (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
Lake Amelia Woods
Development Agreement
June 27, 2022
page 15
CONSENT AND SUBORDINATION
_____________________________, the holder of a mortgage dated ___________________, filed
for record with the County Recorder, Anoka County, Minnesota, on _________________, as
Document No. _____________________, hereby consents to the recording of this Development
Agreement and agrees that its rights in the property affected by the Development Agreement
shall be subordinated thereto.
IN WITNESS WHEREOF, __________________, has caused this Consent and Subordination to
be executed this _____ day of ______________, 2022.
______________________________________
By:
Its:
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2022, before me, a Notary Public within and
for said County, personally appeared _______________________, who executed the foregoing
instrument.
______________________________
Notary Public
Lake Amelia Woods
Development Agreement
June 27, 2022
page 16
EXHIBIT A
Final Plat
Lake Amelia Woods
Development Agreement
June 27, 2022
page 17
EXHIBIT B
Securities, Escrows & Fees
6/22/2022
EXHIBIT B
Securities, Escrows & Fees
PROJECT: Lake Amelia Woods NUMBER OF REU's: 4
APPLICANT: CB Property, LLC. NO. OF LOT FRONTAGES 4
AREA (ACRES): 40.8
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Private)
SITE GRADING $78,045
EROSION CONTROL $24,496
LANDSCAPING $6,530
PARKING LOT $0
STORM SEWER CONST. $5,000
SANITARY SEWER CONST. $0
WATERMAIN CONST. $0
LIGHTING $0
Total $114,071
Letter of Credit Amount X 35% $39,925
ESCROW for CITY'S COSTS
PLANNING/ REVIEW $1,000
ADMINISTRATION $3,422
ENGINEER PLAN REVIEW $2,500
ENGINEER CONSTRUCTION SERVICES $2,852
PROJECT FINAL DOCUMENTS & CITY ENGINEER $2,500
STREET LIGHT INSTALLATION $0
STREET & STORMWATER MAINTENANCE $1,500
PROPERTY TAXES $0
TRAFFIC AND SIGNING IMPROVEMENTS $0
BOULEVARD TREE PLANTING $0
Total $13,774
DEVELOPMENT FEES
PARK DEDICATION $12,640
PARK DEDICATION CREDIT $0
Subtotal Park Dedication Fee $12,640
TREE PRESERVATION MITIGATION FEE $39,285
AUAR $0
GIS MAPPING FEE $360
STREET LIGHTING OPERATION $0
Total $52,285
TRUNK SANITARY SEWER
TRUNK CHARGE PER (ACRE OR UNIT) $0
AVAILABILITY CHARGE PER SAC UNIT $0
TRUNK SANITARY SEWER CREDIT $0
TRUNK WATERMAIN
TRUNK CHARGE PER (ACRE OR UNIT) $0
AVAILABILITY CHARGE PER SAC UNIT $0
TRUNK WATERMAIN CREDIT $0
TOTAL TRUNK SEWER & WATER FEES $0
SURFACE WATER MANAGEMENT $0
SURFACE WATER MANAGEMENT CREDIT $0
TOTAL SURFACE WATER MANAGEMENT FEES $0
Total $0
Letter of Credit Amount X 35% $0
SUMMARY OF SECURITIES, ESCROW & FEES
SECURITY: DEVELOPER IMP'MENT COSTS $39,925
ESCROW FOR CITY COSTS $13,774
DEVELOPMENT FEES $52,285
SECURITY: TRUNK FEES $0
Lake Amelia Woods
City Council
June 27, 2022
Land Use Application•Applicant: Tom Budzynski of TJB Homes
•Final Plat
•4 lots
•Subdivide 2 existing parcel into 4 rural lots
•10 acre lots
•Purpose of constructing 4 new single family homes
•November 8, 2021: Council approved Preliminary Plat
2
3
Amelia Lake
4•Lots 1-4, Lake Amelia Woods
•OHWL = 150 ft setback (orange line)
•Four, 10 acre parcels (purple lines)
•Zoned R-X, Rural Executive
Preliminary Plat
5
Final Plat
•4 lots
•Final plat is consistent with Preliminary Plat
•January 12, 2022: P&Z recommended approval of final plat
Res. No. 22-18: Findings of Fact•The final plat substantially conforms to the approved
preliminary plat subject to the conditions listed below.
•The City Attorney has reviewed the status of title/property
ownership related to the final plat.
•A Development Agreement has been drafted and shall be
executed.
•Conditions attached to approval of the preliminary plat have
been fulfilled or secured by the Development Agreement.
•All fees, charges and escrow related to the preliminary or final
plat have been paid in full.
6
Council Consideration
•Consider Resolution No. 22-18, Approving Final Plat
•Consider Resolution No. 22-19, Approving Development
Agreement
7