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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. 7 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. 12 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