HomeMy WebLinkAbout08-08-2022 City Council PacketUpdated 8/5/2022
CITY COUNCIL AGENDA
Monday, August 8, 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, Kevin Tracy
1. CONSENT AGENDA
A) Consider Approval of Expenditures for August 8, 2022
B) Consider Approval of July 25, 2022 Work Session Minutes
C) Consider Approval of July 25, 2022 Council Meeting Minutes
D) Consider Approval of Resolution 22-81, Lino Lakes Community Festival, Lino
Lakes Chain of Lakes Rotary
E) Consider Approval of Resolution 22-82, Quad Area Community Family Fun
Festival
F) Consider Approval of Resolution 22-83, City of Lino Lakes Blue Heron Days
Parade and Festival
G) Consider Resolution No. 22-84, Offering Support to Anoka County to Expand
Broadband Services in the City of Lino Lakes
2. FINANCE DEPARTMENT REPORT
No Report
3. ADMINISTRATION DEPARTMENT REPORT
A) Consider Approval of Appointment of Building Maintenance and Custodial
Supervisor, Meg Sawyer
Council Agenda -2-
B) Consider Approval of Appointment of Community Development Administrative
Assistant, Meg Sawyer
C) Consider Approval of Appointment of Parks Maintenance Worker, Meg Sawyer
D) Consider Approval of Appointment of Office Specialist, Meg Sawyer
E) Consider Approval of Appointment of Police Sergeant, John Swenson
F) Consider Approval of Appointment of Fire Lieutenant, John Swenson
G) Consider Approval of Appointment of Fire Lieutenant, John Swenson
H) Consider Approval of Appointment of Police Officer Position, John Swenson
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Approval of Sale of Decommissioned Fire Apparatus (A11), John
Swenson
5. PUBLIC SERVICES DEPARTMENT REPORT
A) Consider Approval of Resolution No. 22-86, Approving Change Order No.2,
Water Tower No. 2 Rehabilitation Project, Justin Williams
6. COMMUNITY DEVELOPMENT REPORT
A) Consider Approval of Resolution No. 22-85 Authorizing Distribution for Public
Comment for Robinson Sod Farm EAW, Michael Grochala
B) Consider Approval of Resolution No. 22-74 Approving Lot Combination Variance
for 6966 and 6970 Lake Drive, Katie Larsen
C) Otter Crossing 2nd Addition, Katie Larsen
i) Consider Resolution No. 22-76 Approving Final Plat
ii) Consider Resolution No. 22-77 Approving Development Agreement
D) Watermark 5th Addition, Katie Larsen
i) Consider Resolution No. 22-78 Approving PUD Final Plan/Final Plat
ii) Consider Resolution No. 22-79 Approving Development Agreement and
Planned Unit Development Agreement
iii) Consider Resolution No. 22-80 Approving Open Space Easement
E) Consider Approval of Resolution No. 22-71, Order Project, Approve the Plans
and Specifications and Authorize the Ad for Bid, 2022 I35E Pipe Crossing
Project, Diane Hankee
F) Consider Approval of Resolution No. 22-75, Approving Payment No. 9 and Final,
NE Drainage Area Improvement Project, Diane Hankee
7. UNFINISHED BUSINESS
None
Council Agenda -3-
8. NEW BUSINESS
None
Adjournment
Following adjournment of the regular council meeting, the City Council will reconvene for a
special work session to discuss the 2023 Budget (see separate packet)
Community Calendar – A Look Ahead
August 8, 2022 through August 22, 2022
Tuesday, August 9 7:00 am – 8:00 pm Primary Election Day
Wednesday, August 10 6:30 pm, Council Chambers Planning & Zoning Board
Monday, August 22 6:00 pm, Community Room Council Work Session
Monday, August 22 6:30 pm, Council Chambers City Council Meeting
+
Expenditures
August 8, 2022
Check #116904 to #116987
$383,496.20
Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting August 8, 2022 Transfer In/(Out)
7/22/2022 Payroll #15 (183,553.10)
7/22/2022 Payroll #15 Federal Deposit (51,752.68)
7/22/2022 Payroll #15 PERA (50,691.30)
7/22/2022 Payroll #15 State (11,467.07)
7/22/2022 Payroll #15 Child Support (1,020.80)
7/22/2022 Payroll #15 H.S.A. Bank Pretax (4,069.40)
7/22/2022 Payroll #15 TASC Pretax (1,517.44)
7/22/2022 Payroll #15 ICMA 457 Def. Comp #301596 (3,945.00)
7/22/2022 Payroll #15 ICMA Roth IRA #706155 (905.75)
7/22/2022 Payroll #15 MSRS HCSP #98946-01 (2,192.66)
7/22/2022 Payroll #15 MSRS Def. Comp #98945-01 (3,957.00)
7/22/2022 Payroll #15 MSRS Roth IRA #98945-01 (834.00)
HSA Bank ER Contribution (6,083.18)
HSA Bank ER Contribution (Petersen) (83.33)
8/5/2022 Council #08 Payroll (3,486.69)
8/5/2022 Council #08 Federal Deposit (202.30)
8/5/2022 Council #08 PERA (387.16)
8/5/2022 Council #08 State (45.08)
8/5/2022 Payroll #16 (192,237.04)
8/5/2022 Payroll #16 Federal Deposit (54,656.14)
8/5/2022 Payroll #16 PERA (51,887.91)
8/5/2022 Payroll #16 State (12,098.53)
8/5/2022 Payroll #16 Child Support (856.06)
8/5/2022 Payroll #16 H.S.A. Bank Pretax (3,738.63)
8/5/2022 Payroll #16 TASC Pretax (1,517.44)
8/5/2022 Payroll #16 ICMA 457 Def. Comp #301596 (3,945.00)
8/5/2022 Payroll #16 ICMA Roth IRA #706155 (905.75)
8/5/2022 Payroll #16 MSRS HCSP #98946-01 (2,181.10)
8/5/2022 Payroll #16 MSRS Def. Comp #98945-01 (3,957.00)
8/5/2022 Payroll #16 MSRS Roth IRA #98945-01 (834.00)
8/15/2022 Building Permit Surcharge (2,568.81)
CITY COUNCIL WORK SESSION
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : July 25, 2022 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:20 p.m. 6
MEMBERS PRESENT : Councilmember Lyden, Ruhland, 7
Cavegn and Mayor Rafferty 8
MEMBERS ABSENT : Councilmember Stoesz 9
Staff members present: City Administrator Sarah Cotton; Director of Public Safety John 10
Swenson; Finance Director Hannah Lynch; Public Services Director Rick DeGardner; 11
City Clerk Julie Bartell 12
1. Determine Date for Rookery Ribbon Cutting Ceremony – Public Services 13
Director DeGardner noted planned events for opening activities at the Rookery. The 14
Council indicated that the 24th is their preference. Staff will work on the details and share 15
them with the council. Staff will pick an optimal time of day for a ribbon cutting 16
ceremony. 17
18
As an update on the facility, Mr. DeGardner noted that everything is done and ready to go 19
including the refurbished water slide and all locker rooms; there is one a/c unit in the pool 20
area that needs to be finalized. The facility is fully open. 21
2. Review Regular Agenda 22
23
The agenda was reviewed and there were no changes. 24
25
The meeting was adjourned at 6:20 p.m. 26
27
These minutes were considered, corrected and approved at the regular Council meeting held on 28
August 8, 2022. 29
30
31
32
33
Julianne Bartell, City Clerk Rob Rafferty, Mayor 34
35
COUNCIL MINUTES
DRAFT
1
1
LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3
MINUTES 4
5
DATE : July 25, 2022 6
TIME STARTED : 6:30 p.m. 7
TIME ENDED : 6:50 p.m. 8
MEMBERS PRESENT : Councilmember Lyden, 9
Ruhland, Cavegn and Mayor Rafferty 10
MEMBERS ABSENT : Councilmember Stoesz 11
Staff members present: City Administrator Sarah Cotton; Director of Public Safety John Swenson; 12
City Clerk Julie Bartell 13
14
PUBLIC COMMENT 15
There were no public comments. 16
SETTING THE AGENDA 17
The agenda was approved as presented. 18
SPECIAL PRESENTATION 19
Oath of Fire Service – Firefighters Brian Kisch, Jacob Bogdanovich, and Brian Pevito 20
Lino Lakes Ambassadors - Update on Activities and Introduction of Candidates 21
CONSENT AGENDA 22
Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1G as 23
presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 24
25
ITEM ACTION 26
Consideration of Expenditures: 27
A) Consider Approval of Expenditures for July 25, 2022 28
(Check No. 116833 through 116903) in the Amount 29
of $569,008.63 Approved 30
B) Consider Approval of July 11, 2022 Council 31
Work Session Minutes Approved 32
C) Consider Approval of July 11, 2022 Council 33
Minutes Approved 34
D) Consider Approval of Postage Machine Lease Approved 35
E) Consider Resolution No. 22-72, Approving an Application for a 36
Temporary On-Sale Liquor License and Special Event Permit 37
for the American Legion Post 566 Lino Lakes Blue Heron Days Approved 38
COUNCIL MINUTES
DRAFT
2
F) Consider Resolution No. 22-73, Approving an Application 39
for a Special Event Permit to Living Waters Lutheran Church 40
Summer Outdoor Concert Approved 41
G) Approve the Hiring of Part-Time Staff for The Rookery Approved 42
FINANCE DEPARTMENT REPORT 43
There was no report from the Finance Department. 44
ADMINISTRATION DEPARTMENT REPORT 45
3A) Consider Approval of Police Officer– Public Safety Director Swenson reviewed the written 46
staff report. Staff is recommended the appointment of Zachary Beddow to a vacant police officer 47
position. Mr. Beddow has served for some time as a community service officer and has recently 48
finished his schooling and POST licensing requirements. 49
Mayor Rafferty remarked that the CSO program has proven to be a good program for recruitment of 50
City police officer positions. 51
Councilmember Cavegn moved to approve the appointment of Zachary Beddow as recommended. 52
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 53
PUBLIC SAFETY DEPARTMENT REPORT 54
4A) Approval of School Resource Officer Contract – Public Safety Director Swenson reviewed 55
the written staff report. The contract recommended would be multi-year, different from the past and 56
thanks to work done with the school district. The cost of the officer is paid by the school district. 57
Councilmember Ruhland moved to approve the contract as recommended. Councilmember Lyden 58
seconded the motion. Motion carried on a voice vote. 59
PUBLIC SERVICES DEPARTMENT REPORT 60
There was no report from the Public Services Department. 61
COMMUNITY DEVELOPMENT REPORT 62
There was no report from the Community Development Department. 63
UNFINISHED BUSINESS 64
There was no Unfinished Business. 65
66
NEW BUSINESS 67
There was no New Business. 68
69
COMMUNITY EVENTS 70
There were no events announced. 71
72
73
74
COUNCIL MINUTES
DRAFT
3
COMMUNITY CALENDAR 75
Community Calendar – A Look Ahead 76
July 25, 2022 through August 8, 2022 77
Wednesday, July 27 6:30 pm, Council Chambers Environmental Board 78
Monday, August 1 5:30 pm, Community Room Council Work Session – Early 79
Wednesday, August 3 6:30 pm, Council Chambers Park Board 80
Thursday, August 4 8:00 am, Community Room EDAC 81
Monday, August 8 6:00 pm, Community Room Council Work Session 82
Monday, August 8 6:30 pm, Council Chambers City Council Meeting 83
84
ADJOURN 85
86
There being no further business, Councilmember Lyden moved to adjourn at 6:50 p.m. 87
Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 88
89
These minutes were considered and approved at the regular Council Meeting on August 8, 2022. 90
91
92
93
94
Julianne Bartell, City Clerk Rob Rafferty, Mayor 95
96
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-81, Approving an Application
for a Temporary On-Sale Liquor License, Run Permit and a
Special Event Permit for 2nd Annual Chain of Lakes Rotary
Blue Heron Days Community Festival
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
BACKGROUND:
The Chain of Lakes Rotary Club has applied for a Temporary On-Sale Liquor License, a
Run permit and a Special Event Permit for August 20, 2022.
The Chain of Lakes Rotary is proposing a cornhole tournament, business expo, dog
vendors/dog bar, a Hot-Dog Mile & Foam Run and a band and a beer garden from 4:00
pm to 8:00 pm.
The group has proposed fencing off a portion of the community green for the beer
garden. The Minnesota Alcohol and Gambling Enforcement Division requires a 1 – 4
Day Temporary On- Sale Liquor License to allow the consumption of alcohol in this
outdoor area. The applicant is required to submit their request to the City for local
approval before the application is submitted to the state for final consideration for the 1-4
day temporary liquor license.
The applications have been reviewed by staff, including the Public Safety Department,
and the applicant will be provided with a list of safety conditions. The applicant has
agreed to comply with the conditions and to address any other safety considerations that
may arise.
Therefore, staff is presenting for city council consideration a resolution authorizing the
issuance of a Temporary On-Sale Liquor License, a Run permit and a Special Event
Permit for the Chain of Lakes Rotary.
A Certificate of Insurance has been submitted by the Chain of Lakes Rotary Club to the
City for this event.
RECOMMENDATION:
Approve Resolution No. 22-81 authorizing issuance of a 1-4 Day Temporary On- Sale
Liquor License, a Run permit and a Special Event Permit during the 2nd Annual Chain of
Lakes Rotary Blue Heron Days Festival with conditions.
ATTACHMENTS:
Resolution 22-81
Map of the Event
2 Maps of the Hot-Dog Mile & Foam Run
CITY OF LINO LAKES
RESOLUTION NO. 22-81
APPROVING APPLICATION FOR A TEMPORARY ON-SALE LIQUOR LICENSE,
5K RUN PERMIT AND A SPECIAL EVENT FOR THE 2nd ANNUAL CHAIN OF
LAKES ROTARY BLUE HERON DAYS COMMUNITY FESTIVAL
WHEREAS, Kevin Fitzpartrick of the Chain of Lakes Rotary has made application for a
Temporary On-Sale Liquor License, a Run permit and a Special Event Permit for Sunday,
August 22, 2021; and
WHEREAS, the Lino Lakes Public Safety Department has the following conditions:
(1) The applicant has plans for parking vehicles including size and location of lots,
points of access; and proof of permission for use of property upon which the special
event is to be held or upon which parking may occur, and in the case of County
right-of-way, proper documentation from the County approving the plans.
(2) Applicant will provide security on premise ensuring there is no violations of laws
and ordinances or disruptive behavior.
(3) Applicant will provide all staff and/or volunteers working this event with training
that focuses on prevention of over service of alcohol and other means to safely serve
customers.
(4) Plans are submitted for sound control and sound amplification, if any, including
number, location, and power of amplifiers and speakers; all reasonably necessary
precautions shall be taken by the applicant to insure that the sound of the assembly
will not carry unreasonably beyond the enclosed boundaries of the location of the
assembly.
(5) Plans are submitted to meet the requirements of the State Fire Code, including but
not limited to the following:
i. Minimum of three 2A10BC fire extinguishers need to be on location in the
tent area;
ii. “No Smoking” signs need to be displayed throughout the area.
iii. No pyrotechnics are allowed.
iv. No parking within 20 feet of the tent. Measured from stakes.
v. Clearance to property line needed to 20 feet. Measured from stakes;
vi. Certificate of flame retardant for all panels of tent.
(6) Telephone service shall be in place sufficient to connect to emergency services.
(7) Event will end as articulated in the application.
(8) Applicant is responsible for the placement and removal of all event signage to
include road closure signage and adjacent property notification.
WHEREAS, the City Council must authorize the sale of alcohol in a City Park by resolution per
City Ordinance 301.05 in order for the Temporary On-Sale Liquor proposed special event to take
place; and
WHEREAS, the City Council may approve the use of city equipment relating to the proposed
event. Applicant has requested use of the stage, canopy, barricades, cones, chairs and tables
from the City. Applicant will pick up the equipment on Friday, August 20 and return the
equipment on Monday, August 22; and
WHEREAS, city staff will place barricades and garbage cans for the proposed event on Friday,
August 20; and
WHEREAS, city staff has reviewed the Application for Permit for the festival event for
concurrence with city regulations; and
WHEREAS, the Lino Lakes Public Safety Department has conducted a background and found
no reason to deny; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council hereby approves the applications for a Temporary On-Sale Liquor License,
a Run permit and a Special Event permit.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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
8.20.22 Rock n Run Map – Community Green. Race: 9:00 am start. Bands, Food & Beer: 4:00 – 9:00 pm
Key
1 Band Stage CITY
2 Beer Garden - truck (fenced) ROTARY
3 Food Trucks CITY
4 GIANT tent tables & chairs – for fans CITY
5 Portapotties CITY
6 Hot-Dog Mile & Foam Run ROTARY
7 Race Registration & event HQ ROTARY
1
2
3
4
5
6
3
8 Cornhole Tournament ROTARY
9 Business Expo booths ROTARY
10 Trash bins will be placed at corners and middle
12 Dog vendors ROTARY
13 Dog-related bar (sprinkler) ROTARY
14 Bouncy house CITY
15 Finish Line and Foam machine ROTARY
7 9
9
9
9
9
3
13
9
9
8 9
14
9
9
9
9
9
10
10
10
10
3
3
15
8.20.2022 Rock n Run (Hot-dog Mile Foam Run). Including parking.
Road Closed
Road Closed
Road Closed
Parking
Parking: Rotary will string and mark the parking in overflow lots
Lino Rec parking lots
Overflow at Lino Rec parking lot
Grassy area between Lino Rec Center & Town Center Pkwy (as we have used in past
As in past years, the race will start in
Community Green.
Race starts on west Village Drive (by
Memorial), goes down Village Drive
(by food trucks) and do a 180-degree
on sidewalk following around the big
empty lot – going around it TWICE
and finishing through the big RACE
FINISH sign and through the foam
machine (if they want)
Runners (walkers) will receive a ticket
to receive their HOT DOG from a food
truck vendor that will be ready to
serve by 9:00 am.
1 1
2
2
Hot-dog Mile Foam Run Route. August 20, 2022 8:00 am registrat ion, 9:00 am start.
CITY COUNCIL
AGENDA ITEM 1E
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: August 8, 2022
TOPIC: Consider Approval of Resolution 22-82, 2nd Annual Quad
Area Community Family Fun Festival
VOTE REQUIRED: Simple Majority (3/5 Vote Required)
BACKGROUND:
The Quad Area Chamber of Commerce has applied for a Special Event Permit for
Thursday, August 18, 2022.
The applicant is proposing to have a group called Minnesota Sings perform, various food
trucks and a free car show, located at the Centennial Middle School property at 399 Elm
Street.
The Quad Area Chamber of Commerce has submitted to the City an application for a
Special Event. The application has been reviewed by staff, including the Public Safety
Department. The applicant has been provided with a list of safety conditions. The
applicant has agreed to comply with the conditions and to address any other safety
considerations that may arise.
Therefore, staff is presenting for city council consideration a resolution authorizing the
issuance of a Special Event Permit for the Quad Area Chamber of Commerce.
A Certificate of Insurance has been submitted by the Quad Area Chamber of Commerce
to the City for this event.
RECOMMENDATION:
Approve Resolution No. 22-82 authorizing issuance of Special Event Permit for the Quad
Area Community Fun Festival.
ATTACHMENTS:
None
CITY OF LINO LAKES
RESOLUTION NO. 22-82
AUTHORIZING A SPECIAL EVENT PERMIT FOR THE QUAD AREA COMMUNITY
FOR THE 2nd ANNUAL FAMILY FUN FESSTIVAL AUGUST 18, 2022
WHEREAS, the Quad Area Chamber of Commerce has submitted an application for a special
event permit; and
WHEREAS, the event plan includes music outdoors from 4:00 p.m. to 8:00 p.m. Thursday,
August 18, 2022 as well as various food trucks and a car show; and
WHEREAS, telephone service shall be in place sufficient to connect to emergency services; and
WHEREAS, the Public Safety Department has reviewed plans for the event and has provided
conditions for the permit; and
WHEREAS, food truck vendors are required to contact the Anoka County Environmental
Services at 763-324-4260 for permission to operate in the City; and
WHEREAS, food truck vendors are required to provide their state licensing information as well
as Anoka County Environmental Services licensing to the Quad Area Chamber of Commerce;
and
WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the
structures; and
WHEREAS, proof of general liability insurance has been submitted by the Quad Area Chamber
of Commerce to cover all events held on the Centennial School District property; and
WHEREAS, city staff has reviewed the Application for Permit for the festival event for
concurrence with city regulations; and
WHEREAS, event shall end as articulated in the application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council authorizes issuance of a Special Event Permit to the Quad Area Chamber of
Commerce for their event scheduled for August 18, 2022, with the conditions attached hereto.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 COUNCIL
AGENDA ITEM 1F
STAFF ORIGINATOR: Lisa Hogstad-Osterhues, Deputy City Clerk
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-83, Special Event for the Blue Heron
Days Parade and Festival
VOTE REQUIRED: 3/5
BACKGROUND
City staff has submitted an application for a permit to conduct a parade on Saturday, August 20
from approximately 11:00 a.m. to 12:30 p.m.
City staff has been working on the event details and have provided the following information.
There are approximately 35-45 units in the parade at this time; the proposed route for the
parade would be Lake Drive from Marketplace Drive to James Street, with a staging area in the
Kohl’s parking lot.
Anoka County has authorized the road closure for this event.
The event coordinators have received approval from Kohl’s for use of their property for the
parade staging area.
There will also be Festival Activities at the Community Green from 12:00 pm – 4:00 pm such
as Touch a Truck, Lawn & Yard Games, bounce houses and face painting
The Rookery Activity Center in planning many activities such as open swim and parent’s night
out, child care drop off.
Food trucks will be on-site at the Community Green. Food trucks are required to contact
Anoka County Environmental Services for permission to operate in the City as well as be
licensed by the State of Minnesota.
The Public Works Department and the Public Safety Department have reviewed the permit
application. The applicant must continue to follow instructions on safety and signage measures
up to and through the time of the parade.
RECOMMENDATION
Request City Council Approval of the Blue Heron Days Parade and Festival
ATTACHMENTS
Map of Parade Route
Traffic Control Map
Community Green Set-Up
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 22-83
SPECIAL EVENT FOR THE BLUE HEON DAYS PARADE
AND FESTIVAL AUGUST 20, 2022
WHEREAS, City Staff has submitted an application for the Blue Heron Days Parade and
Festival Events; and
WHEREAS, food truck vendors are required to contact the Anoka County Environmental
Services at 763-324-4260 for permission to operate in the City; and
WHEREAS, food truck vendors are required to provide their state licensing information as well
as Anoka County Environmental Services licensing to the City of Lino Lakes; and
WHEREAS, the Public Safety Department requires food vendors to be at least 20 feet from the
structures; and
WHEREAS, the Lino Lakes Public Safety Department has the following conditions:
(1) The applicant has plans for parking vehicles including size and location of lots,
points of access; and proof of permission for use of property upon which the special
event is to be held or upon which parking may occur, and in the case of County
right-of-way, proper documentation from the County approving the plans.
(2) Plans are submitted for traffic control
(3) Plans are submitted to meet the requirements of the State Fire Code, including but
not limited to the following:
i. Minimum of three 2A10BC fire extinguishers need to be on location in the
tent area;
ii. “No Smoking” signs need to be displayed throughout the area.
iii. No pyrotechnics are allowed.
iv. No parking within 20 feet of the tent. Measured from stakes.
v. Clearance to property line needed to 20 feet. Measured from stakes;
vi. Certificate of flame retardant for all panels of tent.
(4) Telephone service shall be in place sufficient to connect to emergency services.
(5) Event will end as articulated in the application.
(6) Applicant is responsible for the placement and removal of all event signage to
include road closure signage and adjacent property notification.
WHEREAS, City Staff will provide the use of the stage, canopy, barricades, cones, chairs and
tables for the event.
WHEREAS, city staff will place barricades and garbage cans for the proposed event; and
WHEREAS, city staff has reviewed the application for the Parade and Special Event Permit for
concurrence with city regulations; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes,
Minnesota:
That the City Council hereby approves the applications for a Special Event for the Blue Heron
Days Parade and Festival on Saturday, August 2022.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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 COUNCIL
AGENDA ITEM 1G
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-84, Offering Support to Anoka
County to Expand Broadband Services in the City of Lino Lakes
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider Resolution No. 22-84, Offering Support to Anoka
County to Expand Broadband Services in the City of Lino Lakes.
BACKGROUND
Broadband connectivity coverage within communities across the State of Minnesota continues
to be a hot topic. To address this challenge, the State of Minnesota has expanded funding
sources available in its’ Border-to-Border Broadband Development Grant Program. This
program was originally created to provide financial resources that help make the business case
for new and existing providers to invest in building broadband infrastructure into “unserved”
and “underserved” areas of the state. The Border-to-Border Broadband Grant Program has
historically been funded with limited state general fund revenues.
In the 2022 legislative session, $25 million in general fund revenues were allocated to the
Border-to-Border grant program for FY23. This presented an opportunity for Anoka County to
pursue an opportunity to holistically address connectivity challenges that impact Anoka County
cities and residents. The County worked with an outside vendor to identify areas through the
County that would be considered as qualified for this funding and has submitted a grant
application to the State for consideration.
At this time, Anoka County is asking cities who face connectivity issues to show support for
the initiative through the attached resolution.
RECOMMENDATION
Staff is recommending approval of Resolution No. 22-84.
ATTACHMENTS
Resolution No. 22-84, Offering Support to Anoka County to Expand Broadband Services in the
City of Lino Lakes
CITY OF LINO LAKES
RESOLUTION NO. 22-84
RESOLUTION OFFERING SUPPORT TO ANOKA COUNTY TO EXPAND
BROADBAND SERVICES IN THE CITY OF LINO LAKES
WHEREAS, broadband or high-speed internet service is increasingly essential to serve residents
and businesses and provide for economic development, affordable and quality health care,
equitable educational opportunities, and effective government; and
WHEREAS, the County has identified areas in the City of Lino Lakes without access to
affordable and reliable broadband service that meets or exceeds the federal broadband standard
of 100/20 Mbp; and
WHEREAS, the City Council understands the need to improve the state of broadband service
within the City’s jurisdictional boundaries; and
WHEREAS, full broadband service provides significant benefits to residents and businesses in
the community, including enhancing access to services, government programs, schools, lifelong
learning and social services; and
WHEREAS, the City intends to collaborate with Anoka County to maximize the opportunity to
extend and expand service using federal, state, and local broadband funding programs in
Minnesota; and
WHEREAS, the City of Lino Lakes supports the efforts of Anoka County to define and
determine the most feasible source of technology that will qualify for appropriate funding that
will provide for the required infrastructure in areas of Lino Lakes that lack access to affordable
and reliable broadband service.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Lino Lakes hereby
approves this resolution seeking collaboration with Anoka County as follows:
1) To provide support in the County’s direction to seek State and/or Federal funding sources
to improve broadband connectivity in the City of Lino Lakes.
2) To provide support related to the County’s determination of the connectivity technology
that will allow for State and/or Federal funding sources.
Adopted by the City Council of the City of Lino Lakes this 8th day of August 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
_______________and was duly seconded by Councilmember ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: August 8, 2022
TOPIC: Consider Appointment of Building Maintenance and Custodial
Supervisor
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Michael Rowe to the Building
Maintenance and Custodial Supervisor position at The Rookery Activity Center.
BACKGROUND
At this time staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Michael Rowe for the position.
Rowe currently works as the Maintenance Supervisor for The Nic on Fifth - a luxury high rise
apartment building in downtown Minneapolis. He has over 15 years of related experience and
is a certified Pool Operator.
The hourly rate of pay would be $37.64, which is step 4 of the current 6 step wage schedule.
With the Council’s approval, Rowe would start in the position of Building Maintenance and
Custodial Supervisor on August 15, 2022.
RECOMMENDATION
Please approve the appointment of Michael Rowe for the Building Maintenance and Custodial
Supervisor position.
CITY COUNCIL
AGENDA ITEM 3B
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: August 8, 2022
TOPIC: Consider Appointment of Community Development
Administrative Assistant
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Julie Whitney to the Community
Development Administrative Assistant position for the Community Development department.
BACKGROUND
At this time staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Julie Whitney for the position.
Whitney currently works as Customer Service Representative for a Tow Company. She was
911 Dispatcher for 7 years before that.
The hourly rate of pay would be $26.02, which is step 1 of the current 6 step wage schedule.
With the Council’s approval, Whitney would start in the position of Community Development
Administrative Assistant on August 15, 2022.
RECOMMENDATION
Please approve the appointment of Julie Whitney for the Community Development
Administrative Assistant position.
CITY COUNCIL
AGENDA ITEM 3C
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: August 8, 2022
TOPIC: Consider Appointment of Parks Maintenance Worker
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Jason Chapman to the Parks
Maintenance Worker position within the Public Works department.
BACKGROUND
At this time staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Jason Chapman for the position.
Chapman worked in Public Works at the City of Maple Grove from 2012 – 2020. He currently
works as a Facilities Specialist at APS in Coon Rapids.
The hourly rate of pay would be $30.95, which is step 4 of the current 6 step wage schedule.
With the Council’s approval, Chapman would start in the position of Parks Maintenance
Worker on August 22, 2022.
RECOMMENDATION
Please approve the appointment of Jason Chapman for the Parks Maintenance Worker.
CITY COUNCIL
AGENDA ITEM 3D
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: August 8, 2022
TOPIC: Consider Appointment of Office Specialist
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Lisa Marie Neal to the vacant Office
Specialist position at City Hall.
BACKGROUND
At this time staff has completed the recruitment process, provided a conditional offer, and is
recommending the approval of Lisa Marie Neal for the position.
Neal has a Bachelor’s of Science in Business Administration from Valparaiso in Indiana. She
has been working as a Real Estate Assistant since 2013.
The hourly rate of pay would be $24.97, which is step 3 of the current 6 step wage schedule.
With the Council’s approval, Neal would start in the position of Office Specialist on August 22,
2022.
RECOMMENDATION
Please approve the appointment of Lisa Marie Neal for the Office Specialist position.
CITY COUNCIL
AGENDA ITEM 3E
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: August 8, 2022
TOPIC: Appointment of Police Sergeant
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Matt Carlson for the vacant Police
Sergeant position in the Public Safety Department.
BACKGROUND
Police Sergeant Mike Rumpsa is retiring, effective August 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. Matt Carlson for the Police Sergeant position.
Mr. Carlson holds a Bachelor’s degree in Criminal Justice and has been with the Lino Lakes
Police Department for two years. Mr. Carlson currently works as a Police Officer and has
performed in additional roles within the department such as Police Training Officer, Wellness
Committee Member, DNR Firearm Safety instructor, Use of Force and Firearms Instructor.
The hourly rate of pay would be $43.07, which is Step 2 of the union wage schedule. The union
wage schedule has nine steps. With the Council’s approval, Mr. Carlson would start in the
position of Police Sergeant on August 21, 2022.
RECOMMENDATION
Approve the appointment of Matt Carlson for the Police Sergeant position.
CITY COUNCIL
AGENDA ITEM 3F
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: August 8, 2022
TOPIC: Appointment of Paid On-Call Fire Lieutenant
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Mr. Brian Gustafson for the Paid On-
Call Fire Lieutenant position at Fire Station 1.
BACKGROUND
Previous Fire Lieutenant, Jesse Fronek, was promoted to one of our District Fire Chief positions,
creating a vacancy. At this time, staff has completed an internal recruitment process, provided a
conditional offer, and is recommending the approval of Brian Gustafson for the Fire Lieutenant
position.
Mr. Gustafson has been a member of the Lino Lakes’ Public Safety Fire team since December,
2017, serving as a Firefighter/ EMT, and has over ten years of experience.
The hourly rate of pay would remain the same for Gustafson. However, he would now receive a
monthly stipend of $225 as a Lieutenant. With the Council’s approval, Gustafson would start in
the position of Fire Lieutenant on August 15, 2022.
RECOMMENDATION
Approve the appointment of Brian Gustafson for the Fire Lieutenant position at Fire Station 1.
CITY COUNCIL
AGENDA ITEM 3G
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: August 8, 2022
TOPIC: Appointment of Paid On-Call Fire Lieutenant
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Mr. Paul Kartman for the Paid On-Call
Fire Lieutenant position at Fire Station 2.
BACKGROUND
Previous Fire Lieutenant, Derek Riley, took a leave of absence, creating a vacancy. At this time,
staff has completed an internal recruitment process, provided a conditional offer, and is
recommending the approval of Paul Kartman for the Fire Lieutenant position.
Mr. Kartman has been a member of the Lino Lakes’ Public Safety Fire team since January, 2015,
serving as a Firefighter/ EMR.
The hourly rate of pay would remain the same for Kartman. However, he would now receive a
monthly stipend of $225 as a Lieutenant. With the Council’s approval, Gustafson would start in
the position of Fire Lieutenant on August 15, 2022.
RECOMMENDATION
Approve the appointment of Paul Kartman for the Fire Lieutenant position at Fire Station 2.
CITY COUNCIL
AGENDA ITEM 3H
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: August 8, 2022
TOPIC: Consider Appointment of Police Officer
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the appointment of Jared Zimmerman to a vacant Police
Officer position in the Public Safety Department.
BACKGROUND
There are currently two vacant Police Officer positions within the Public Safety Department. At
this time, staff has provided a conditional offer, and is recommending the approval of Jared
Zimmerman for the position.
Jared Zimmerman earned a Bachelor of Science in Law Enforcement while minoring in
History, Psychology, Political Science, and International Relations from Bemidji State
University. He has met all POST mandates.
The hourly rate of pay would be $36.66, which is the Starting Step of the union wage schedule.
The wage schedule has six steps.
With the Council’s approval, Jared Zimmerman would start in the position of Police Officer on
August 15, 2022.
RECOMMENDATION
Approve the appointment of Jared Zimmerman for the Police Officer position.
CITY COUNCIL
AGENDA ITEM 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: August 8, 2022
TOPIC: Sale of Decommissioned Fire Apparatus (A11)
VOTE REQUIRED: 3/5
INTRODUCTION
The Lino Lakes Public Safety Department is requesting Council authorization to sell a 2002
Freightliner Toyne (VIN 1FV6TMDB9YHG80053) to the Armory Shell Towing and Auto
Body for $10,000.00.
BACKGROUND
During the Council Work Session on May 2, 2022, staff informed members of the City Council
that A11 (Vehicle # 611) had failed the annual inspection and was taken out of service as
required by OSHA and NFPA requirements. Council directed staff to liquated A11 and
research options to replace A11.
Staff had all of Lino Lakes graphics and equipment removed from the apparatus to prepare it to
be sold.
Staff received two offers to purchase A11 from members of the public (offer for $8,000 and
$10,000).
To ensure that the sale of this property is handled in a consistent manner with the sale of other
City property, staff placed A11 on State of Minnesota online auction with a $10,000 reserve
twice (first attempt 6.23.2022 to 6.23.2022; second attempt 6.29.2022 to 7.8.2022) but the
reserve was not met during either auctions. Staff contacted Armory Shell Towing regarding
their $10,000 offer and the business initially lowered their offer to $7,500 but staff informed
the business that staff would not move this forward at that dollar amount. Armory Shell
Towing then increased their offer to the original offer amount of $10,000.
RECOMMENDATION
Staff recommends the Council approve the sale of the 2002 Freightliner Toyne (VIN
1FV6TMDB9YHG80053) for $10,000.00 and deposit the proceeds from the sale of this fire
apparatus into the Capital Replacement Fund.
ATTACHMENTS
Armory Shell Towing email dated 6.3.2022
Photo of Vehicle 611 (A11)
1
John Swenson
From:Dan L'Allier
Sent:Wednesday, July 27, 2022 12:04 PM
To:John Swenson
Subject:Fwd: FREIGHTLINER LADDER TRUCK
Follow Up Flag:Follow up
Due By:Monday, August 1, 2022 4:00 PM
Flag Status:Flagged
Sent from my iPhone
Begin forwarded message:
From: Dan L'Allier <dlallier@linolakes.us>
Date: June 3, 2022 at 11:12:17 CDT
To: armoryshelltowing@mchsi.com
Subject: Re: FREIGHTLINER LADDER TRUCK
Thanks
Sent from my iPhone
On Jun 3, 2022, at 10:40, armoryshelltowing@mchsi.com wrote:
Caution: This email originated outside our organization; please use caution.
We bid $10,000.00 for 2000 ladder truck
1FV6TMDB9YHG80053 THANKS PAUL THELEN.
Armory Shell Towing & Auto Body
8377 Enterprise DR NE Virginia MN 55792
Towing & Service:218-741-6050
Body Shop:218-741-0500
Fax:218-741-9084
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-85, Approving Distribution of
Environmental Assessment Worksheet for Robinson Sod Farms
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting authorization to distribute the Robinson Sod Farm EAW for public
comment.
BACKGROUND
Integrate Properties, LLC (Developer) is proposing a residential development project on
approximately 158 acres abutting Main Street (CSAH 14) and Sunset Avenue (CR 53) in the
northwest quadrant of the City. The property is guided for low, medium and high density
residential uses in the City’s 2040 Comprehensive Plan. The City Council reviewed a
development concept plan for the property in February of this year.
Due to the proposed number of residential units, preparation of an Environmental Assessment
Worksheet (EAW) is required by Minnesota Rules. The process operates according to rules
adopted by the state’s Environmental Quality Board (EQB). The EAW document is designed
to provide a brief analysis and overview of the potential environmental impacts for a specific
project and to help the City, referred to as the Responsible Government Unit (RGU), determine
whether an Environmental Impact Statement (EIS) is necessary. The questions contained
within the document are established by the EQB.
The EAW is not meant to approve or disapprove a project, but is simply a source of
information to guide other approvals and permitting decisions. In fact it is one of the
advantages to larger scale development projects. Preparation of the EAW will help inform the
design of the project before the submittal of a formal development application.
The information provided in the EAW was prepared by the development team and reviewed by
City Staff and the City’s Engineer WSB and Associates and determined to be complete. The
next step in the process is for the City Council to authorize distribution of the document for
public comment. A notice of the documents availability will be published in the Environmental
Quality Board (EQB) Monitor and notification sent to specified public agencies. The document
will be available on the City website for review. The public comment period lasts for 30 days.
During that period all interested parties may submit written comments to the City. At the end
of the 30 day period, the City reviews all of the public comments, as well as the content of the
EAW to determine whether the project needs further changes or analysis. The City will prepare
a written response to all substantive comments received during the public comment period.
Once completed the City Council will determine if potential impacts of the project are
significant enough to require the preparation of an Environmental Impact Statement. If not, the
Council will adopt a finding of no significant impact and the environmental review process
ends. The developer may then begin to prepare the design of the project and the land use
application information.
Again, the decision to distribute the EAW for public comment or any future decision regarding
the need for an EIS is not an approval or disapproval of the project.
RECOMMENDATION
Staff recommends approval of Resolution No. 22-85.
ATTACHMENTS
1. Resolution No. 22-85
2. Robinson Farm EAW (abridged)
CITY OF LINO LAKES
RESOLUTION NO. 21-85
APPROVING THE DISTRIBUTION OF AN ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR ROBINSON SOD FARM
WHEREAS, MN Rules Chapter 4410 establishes the requirements for the preparation of an
Environmental Assessment Worksheets (EAW); and
WHEREAS, Integrate Properties, LLC is proposing a residential development that would
require an EAW based on its proposed number of dwelling units; and
WHEREAS, the City has initiated an environmental review to determine if a project has the
potential for significant environmental effects, as required by 4410.1000, Subpart 2; and
WHEREAS, the project proposer has submitted data for an EAW and the City has reviewed the
submitted data and determined to the best of the City’s knowledge that the EAW is complete and
accurate;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes
approves the distribution of the Robinson Sod Farms EAW for public comment as required by
MN Rules 4410.1500.
Adopted by the City Council of the City of Lino Lakes this 8th day of August, 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
_______________and was duly seconded by Councilmember ________________ and upon vote
being taken thereon, the following voted in favor thereof:
The following voted against same:
_______________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Julianne Bartell, City Clerk
0
June 2022
ROBINSON SOD FARM
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
Responsible Government Unit (RGU)
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
linolakes.us
Prepared by:
CITY:LINO LAKES
COUNTY:ANOKA
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE i
Table of Contents
TTable of Contents ......................................................................................................................... i
Tables.......................................................................................................................................... ii
Figures ........................................................................................................................................ ii
Appendices ................................................................................................................................. ii
1. Project Title: Robinson Sod Farm ......................................................................................... 1
2. Proposer: Integrate Properties, LLC ...................................................................................... 1
3. RGU: City of Lino Lakes ........................................................................................................ 1
4. Reason for EAW Preparation: (Check One) ........................................................................... 2
5. Project Location ................................................................................................................... 2
6. Project Description .............................................................................................................. 2
7. Cover Types ......................................................................................................................... 5
8. Permits and Approvals Required .......................................................................................... 6
9. Land Use .............................................................................................................................. 7
10. Geology, Soils and Topography/Land Forms ......................................................................... 9
11. Water Resources ............................................................................................................... 10
12. Contamination/Hazardous Materials/Wastes ..................................................................... 17
13. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) ....... 20
14. Historic Properties ............................................................................................................. 23
15. Visual ................................................................................................................................. 24
16. Air ..................................................................................................................................... 24
17. Noise ................................................................................................................................. 26
18. Transportation ................................................................................................................... 26
19. Cumulative Potential Effects .............................................................................................. 29
20. Other Potential Environmental Effects ............................................................................... 29
References ................................................................................................................................ 31
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE ii
Tables
Table 1. Parcels within the Project Site for Residential Development ........................................... 3
Table 2a. Project Magnitude Data – PUD Concept Plan (557 Units) .............................................. 4
Table 2b. Project Magnitude Data – Yield Plan (707 Units) ............................................................ 4
Table 3. Land Cover of the Project Site Before and After (Yield Plan) the Proposed Development .... 5
Table 4. Required Permits and Approvals for the Proposed Project .............................................. 6
Table 5. Soil Classifications on the Project Site .............................................................................. 9
Table 6. Water Wells Located Within the Project Site ................................................................. 11
Table 7. What’s in My Neighborhood Sites within 0.5 Miles of the Project Site ......................... 18
Table 8. State Rare Wildlife and Plant Species Within 0.5 Miles of the Project Site .................... 21
Table 9. Federal Rare Wildlife and Plant Species Within the Project Site .................................... 22
Figures
Figure 1: Site Location map
Figure 2: PUD Concept Plan – 557 Units
Figure 3. Yield Plan – 707 Units
Figure 4: Pre-Development Land Cover
Figure 5: Post-Development Land Cover
Figure 6: 2040 Future Land Use Map
Figure 7. 100 Year FEMA floodplain
Figure 8: Anoka County Soil Survey
Figure 9: Public Waters Inventory
Figure 10: National Wetland Inventory
Figure 11: Minnesota Well Index
Figure 12: Contaminated Sites/Environmental Permits and Registrations
Appendices
Appendix A. Figures
Appendix B. Minnesota Department of Health Well Index Log
Appendix C. MN DNR Natural Heritage Information System (NHIS) Concurrence Letter
Appendix D. USFWS IPaC Review
Appendix E. Minnesota State Historic Preservation Office (SHPO) Database Review
Appendix F. Traffic Study
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 1
EE N V I R O N M E N T A L A S S E S S M E N T W O R K S H E E T
This Environmental Assessment Worksheet (EAW) form and EAW Guidelines are available at the
Environmental Quality Board’s website at:
http://www.eqb.state.mn.us/EnvRevGuidanceDocuments.htm. The EAW form provides information
about a project that may have the potential for significant environmental effects. The EAW Guidelines
provide additional detail and resources for completing the EAW form.
Cumulative potential effects can either be addressed under each applicable EAW Item, or can be
addresses collectively under EAW Item 19.
Note to reviewers: Comments must be submitted to the RGU during the 30-day comment period
following notice of the EAW in the EQB Monitor. Comments should address the accuracy and
completeness of information, potential impacts that warrant further investigation and the need for an
EIS.
1. Project Title: Robinson Sod Farm
2. Proposer: Integrate Properties, LLC
Contact PPerson: Ian Peterson
Title: President
Address: 6980 Sand Ridge Road
City, State, ZIP: Eden Prairie, MN 55346
Phone: 612.328.5252
Fax: N/A
Email: ian@integrateproperties.com
3. RGU: City of Lino Lakes
Contact PPerson: Katie Larsen
Title: City Planner
Address: 600 Town Center Parkway
City, State, ZIP: Lino Lakes, MN 55014-1182
Phone: 651-982-2426
Fax: 651-982-2499
Email: klarsen@linolakes.us
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 2
4. Reason for EAW Preparation: (Check One)
RRequired DDiscretionary
տտEEIS Scoping տCitizen petition
ցցMMandatory EAW տRGU discretion
տProposer initiated
If EAW or EIS is mandatory give EQB rule category subpart number(s) and name(s):
4410.4300 Subp 19. Residential Development
5. Project Location
CCounty: Anoka
CCity/Township: Lino Lakes
PPLS Location (¼, ¼, Section,
TTownship, Range):
NE ¼ and NW ¼ of the NW ¼ of Section 7, Township 31, Range 22;
NW ¼ and SW ¼ of the NE ¼ of Section 7, Township 31, Range 22
WWatershed (81 major wwatershed
sscale): Mississippi River – Twin Cities
GGPS Coordinates: Approximately 45϶ 11’ 39.82”N, 93϶ 07’ 57.33”W
PProperty ID:: 07-31-22-22-0001, 07-31-22-21-0001, 07-31-22-12-0001,
07-31-22-13-0001, 07-31-22-22-0002
6. Project Description
a. Provide the brief project summary to be published in the EQB Monitor, (approximately 50 words).
The Robinson project is a proposed low, medium, and high density residential development on an
existing 158-acre agricultural area in the City of Lino Lakes, Anoka County, Minnesota. Two site plan
alternatives have been developed for the project:
x PUD Concept Plan – The PUD concept plan is expected to consist of 557 dwelling units of the
following types:
o 242 single family detached homes
o 315 townhomes
x Yield Plan – The yield plan, considered close to the maximum density allowed under future
year 2040 land use plans, is expected to consist of 707 dwelling units of the following types:
o 263 single family detached homes
o 164 townhomes
o 280 multi-family units
See Appendix A, Figures 2 and 3 for the PUD concept plan and yield plan.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 3
TThe project is located to the southeast of Sunset Avenue and 125th Ave NE (Main Street, CSAH 14).
The project will include new roads, stormwater features, and the installation of municipal sewer and
water systems (Appendix A, Figure 1).
b. Give a complete description of the proposed project and related new construction, including
infrastructure needs. If the project is an expansion include a description of the existing facility.
Emphasize: 1) construction, operation methods and features that will cause physical manipulation of
the environment or will produce wastes, 2) modifications to existing equipment or industrial processes,
3) significant demolition, removal or remodeling of existing structures, and 4) timing and duration of
construction activities.
The proposed project includes the construction of a new single-family and multi-family residential
housing development. This includes a range in units from the PUD concept plan of 557 units to the
Yield plan of 707 units which are made up of single-family lots (55’, 65’, and 75’ wide), row
townhomes, rowhomes, and structured multi-family housing that will be associated with public
access roads and private driveways. The proposed unit count on the site falls within the density range
for the property provided in the City of Lino Lakes 2040 Comprehensive Plan.
The project site is comprised of five parcels which are summarized below (Table 1).
Table 1. Parcels within the Project Site for Residential Development
Parcel ID Parcel Size (Acres) Current Use Project Details
07--31--22--22--0001 37.51 Agriculture No existing infrastructure
07--31--22--21--0001 39.84 Agriculture No existing infrastructure
07--31--22--12--0001 39.79 Agriculture Existing farmstead to be removed
07--31--22--13--0001 39.91 Agriculture No existing infrastructure
07--31--22--22--0002 1.44 Residential Existing residence to remain
Roadway access into the development will occur through Main Street and Sunset Ave as dictated by
Anoka County. Other roadway access points have been provided to the property through the Century
Farm development to the south at Cardinal Way, Robinson Drive, Century Trail, and Carl Street.
Additionally, a pedestrian trail has been stubbed to the property from Century Farm Addition to the
south, just west of the Cardinal Way Street connection to encourage recreational use.
The development will create substantial stormwater basin areas that will be an amenity to the
various housing types proposed within the project. The main Anoka County ditch system (ACD-10-22-
23 Main Trunk and Br2) will be preserved and protected while the newly created stormwater basins
will provide for stormwater management goals and infrastructure improvements.
The entire site will be mass graded in one phase to allow for the creation of the stormwater basins.
Development of the neighborhood clusters with utilities and streets will be completed in multiple
phases based on market demand. The developer will be responsible for site grading, utilities, sanitary
sewer, water supply, roadway infrastructure, stormwater, and erosion control. Management of the
site will fall to the individual owners and homeowner’s association once construction is completed on
site.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 4
MMass grading is anticipated to begin winter 2023 with the first phase of utilities and streets
completed by July 2023. Home construction is anticipated to begin July 2023 with a full build out of
the community taking place over four to five years depending on market conditions.
c. Project magnitude:
Table 2a. Project Magnitude Data – PUD Concept Plan (557 Units)
Total Project Acreage 1558 acres
Linear project length 16,000 linear feet public roadway
6,800 linear feet private roadway
Number and type of residential units::
PPUD Concept Plan
45 75-feet wide Single Family Lots
117 65-feet wide Single Family Lots
80 55-feet wide Single Family Lots
191 Row Townhomes
124 Back-to-back & Row Townhomes
557 total residential units
Commercial building area (in square feet) N/A
Industrial building area (in square feet) N/A
Institutional building area (in square feet) N/A
Other uses –– sspecify (in square feet) Stormwater ponds: 840,708
Lake: 270,072
Structure height(s) Back-to-back townhomes will be three stories tall
(2 stories above a garage). Row townhomes will
be two or three stories tall. Structured multi
family housing will be two stories tall. Single
Family Homes will be one or two stories tall.
Table 3b. Project Magnitude Data – Yield Plan (707 Units)
Total Project AAcreage 1558 acres
Linear project length 13,600 linear feet public roadway
14,700 linear feet private roadway
Number and type of residential units::
YYield Plan
148 80-feet wide Single Family Lots
386 Row Townhomes
172 Back-to-back & Row Townhomes
1 Existing Home on New Lot
707 total residential units
Commercial building area (in square feet) N/A
Industrial building area (in square feet) N/A
Institutional building area (in square feet) N/A
Other uses –– sspecify (in square feet) Stormwater ponds: 932,184
Structure height(s) Back-to-back townhomes will be three stories tall
(2 stories above a garage). Row townhomes will
be two or three stories tall. Structured multi
family housing will be two stories tall. Single
Family Homes will be one or two stories tall.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 5
d. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need
for the project and identify its beneficiaries.
TThe purpose of the proposed project is to develop a residential neighborhood in the City of Lino
Lakes. Based on the City of Lino Lakes’ 2040 Comprehensive Plan, the City has designated this area of
the community for future residential growth to meet the projected housing demands of current and
future residents. It is the intent of the developer to create a low density, medium, and high
residential neighborhood that contributes to the city’s housing goals and objectives.
e. Are future stages of this development including development on any other property planned or likely
to happen? տ Yes ց No
If yes, briefly describe future stages, relationship to present project, timeline and plans for
environmental review.
There are no future stages of this development that are planned or likely to occur.
f. Is this project a subsequent stage of an earlier project? տ Yes ց No
If yes, briefly describe the past development, timeline and any past environmental review.
The project is not a subsequent stage of an earlier project.
7. Cover Types
Estimate the acreage of the site with each of the following cover types before and after development:
Table 4. Land Cover of the Project Site Before and After (Yield Plan) the Proposed Development
Land Cover Type Before (acres) After (acres) – Yield Plan
Cropland 130 0
Residential 0 74
Grassland 1 0
Stormwater basin 0 21
Wooded/forested 0 0
Wetlands11 16 8
Lawn//Landscaping2 2 34
Facility Operation 3 0
Road Right--of--Way 6 20
Public Trail 0 1
TOTAL 1588 158
1 Wetlands are calculated from the National Wetland Inventory (NWI).. A wetland delineation has not been conducted on site yet. The mapped
NWI features overlap with the private and public drainage features present on site.
2 The lawn/landscaping acreage after development does not reflect the lawn associated with each residential home. This is included in the
residential cover type
See Appendix A, Figures 4 and 5 for a graphic representation of this data.
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8. Permits and Approvals Required
List all known local, state and federal permits, approvals, certifications and financial assistance for the
project. Include modifications of any existing permits, governmental review of plans and all direct and
indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and
infrastructure. All of these final decisions are prohibited until all appropriate environmental review has
been completed. See Minnesota Rules, Chapter 4410.3100.
The permits listed below in Table 4 are the permits required for the proposed project.
Table 5. Required Permits and Approvals for the Proposed Project
Unit of Government Types of Application Status
Federal
U.S. Army Corps of Engineers (USACE) Clean Water Act Section 404 Permit To be submitted
State
Minnesota Department of Health
((MDH) Watermain Extension Permit To be submitted
Minnesota Department of Natural
Resources (MN DNR) Water Appropriation Permit (Construction Dewatering) To be submitted
Conditional Letter of Map Revision (CLOMR) To be submitted, if
necessary
Minnesota Pollution Control Agency
(MPCA)
National Pollution Discharge Elimination System
(NPDES)/State Disposal System (SDS) General Permit To be submitted
Sanitary Sewer Extension Approval To be submitted
Section 401 Water Quality Certification or Waiver To be submitted
10-day Demolition Notification If needed
Local
Rice Creek Watershed District
Wetland Conservation Act Delineation Boundary
Concurrence To be submitted
Wetland Impact and Replacement Plan To be submitted
Stormwater Management Plan To be submitted
Erosion and Sediment Control Plan To be submitted
Floodplain Alteration Permit To be submitted
Public Drainage System Permit To be submitted
Anoka County Access Permit(s) To be submitted
Right-of-Way Permit To be submitted
City of Lino Lakes Rezoning and Preliminary Plat To be submitted
Final Plat Approval To be submitted
Municipal Water Connection Permit To be submitted
Sanitary Sewer Connection Permit To be submitted
Grading Permit To be submitted
Building Permit To be submitted
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9. Land Use
a. Describe:
i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails,
prime or unique farmlands.
TThe existing land use on site is sod farm agriculture. Anoka County Ditch 10-22-32’s main trunk
and branch 2 run through the site. The site is surrounded by agriculture, rural residential, single-
family residential, multi-family residential, and undeveloped land.
The closest parks to the project include:
x Parks less than 1 mile from the project site include:
o Century Farm North Park (undeveloped): 500 feet to the south
o Behm’s Park: 2000 feet to the south
o Highland Meadows Park: 0.5 mile to the east
x Parks within approximately 1 mile of the project include:
o Blaine’s Lochness Park: southwest
o Blaine Wetland Sanctuary: southwest
o Lino Park: east
o Rice Creek Chain of Lakes Regional Park Reserve: southeast
o Blaine Lexington Athletic Complex: southwest
There is a city trail that stubs into the south end of the property.
The majority of the site is not considered prime farmland or soils of statewide importance based
on the USDA NRCS Web Soil Survey. Further discussion about soils within the project site is
provided in Item 10.
ii. Plans. Describe planned land use as identified in comprehensive plan (if available) and any other
applicable plan for land use, water, or resources management by a local, regional, state, or
federal agency.
The site is split up into four planned land uses based on the City of Lino Lake’s 2040
Comprehensive Plan. The planned land use for the west and south ends of the site is Low Density
Residential (1.6 – 3.0 units per acre). The planned land use for the central and northern end of the
project is a mix of Medium Density Residential (4.0 – 6.0 units per acre), High Density Residential
(6.0 – 8.0 units per acre), and Planned Residential / Commercial (8.0 – 10.0 units per acre) with
opportunities for neighborhood scale retail, service, and office uses (Appendix A, Figure 6; City of
Lino Lakes, 2020).
The site is required to meet the requirements of the surface water management plans of the City
of Lino Lakes, Rice Creek Watershed District, and the MPCA NPDES General Permit. Stormwater
basins are incorporated throughout the development.
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iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers,
critical area, agricultural preserves, etc.
AAccording to the 2021 City of Lino Lakes Zoning Map, the property is currently shown as R - Rural.
The proposed project site will establish a PUD zoning for the development site, compatible and
consistent with the City’s goals and objectives for the property.
The site falls within the 100 year FEMA floodplain area and Rice Creek Watershed District
floodplain area (Appendix A, Figure 7).
b. Discuss the project’s compatibility with nearby land uses, zoning, and plans listed in Item 9a above,
concentrating on implications for environmental effects.
The project’s proposed land use as mostly low density residential with some medium and high
density residential is compatible with adjacent land uses, zoning, and plans. The proposed land use
to the north, east, and south include similar land uses, according to the City of Lino Lakes 2040
Comprehensive Plan. The proposed development will incorporate mitigation measures to minimize
environmental effects as discussed in the following sections of this EAW.
c. Identify measures incorporated into the proposed project to mitigate any potential incompatibility as
discussed in Item 9b above.
The majority of the site falls within floodplain Zone A and will require a floodplain alteration permit
from Rice Creek Watershed District. It may be necessary to get a Conditional Letter of Map Revision
(CLOMR) from the DNR for the floodplain alteration. The main trunk and branch 2 of Anoka County
Ditch 10-22-32 will be preserved and protected along with the private ditches on site.
The proposed development plans to follow the PUD Concept Plan and will follow all necessary City
requirements for this type of development.
The project proposes to incorporate road connections to existing roadways and a future road stub to
the east.
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10.Geology, Soils and Topography/Land Forms
a. Geology - Describe the geology underlying the project area and identify and map any susceptible
geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or
karst conditions. Discuss any limitations of these features for the project and any effects the project
could have on these features. Identify any project designs or mitigation measures to address effects to
geologic features.
TThe bedrock geology of the site primarily consists of Jordan Sandstone and the St. Lawrence
Formation. Depth to bedrock is between 150’ and 200’ for the majority of the site, with an area
between 100’-150’ in the northeast part of the site and an area between 200’ and 250’ on the south
edge of the site (Mossler, 2013). The surficial geology of the site consists of muck/peat in the west
and sand facies in the east (Meyer, 2013).
There are no known geologic hazards, karst, sinkholes, or other conditions that would require
mitigation measures on the property (Berg, 2016).
b. Soils and topography - Describe the soils on the site, giving NRCS (SCS) classifications and descriptions,
including limitations of soils. Describe topography, any special site conditions relating to erosion
potential, soil stability or other soils limitations, such as steep slopes, highly permeable soils. Provide
estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project
activities (distinguish between construction and operational activities) related to soils and topography.
Identify measures during and after project construction to address soil limitations including
stabilization, soil corrections or other measures. Erosion/sedimentation control related to stormwater
runoff should be addressed in response to Item 11.b.ii.
The USDA NRCS Web Soil Survey indicates that the project site includes 5 soil mapping units that
consist mostly of muck and peat that are hydric soils (Appendix A, Figure 8; Table 5.). The soils are
very limited for dwellings without basements, single family dwelling units, and local roads that
include factors such as ponding, frost action, and subsidence. The Web Soil Survey indicates that
organic soils are not as susceptible to rill and sheet erosion as mineral soils. The sandy soils of the
area have a relatively low erodibility with K-factors ranging from 0.1 to 0.24.
The grading operations during construction is expected to impact approximately 155 acres and
require large volumes of soil corrections. Grading will include approximately 600,000 cubic yards of
soil. The grading will involve the movement of soil to construct new roads, building residential pads,
and stormwater features.
Table 6. Soil Classifications on the Project Site
Symbol Soil Name % of Project
Site
%
Hydric Hydric Category Farmland Category
Rf Rifle mucky peat 48.3% 100 Hydric Not prime farmland
Ma
Markey muck,
occasionally ponded,
0 to 1 percent slopes
32.3% 100 Hydric Not prime farmland
Iw Isanti fine sandy loam 12.9% 93 Hydric Not prime farmland
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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SSymbol SSoil Name % of Project
Site
%
Hydric Hydric Category Farmland Category
LnA Lino loamy find sand,
0 to 4 percent slopes 5.7% 5 Non-hydric Farmland of statewide importance
ZmB Zimmerman find sand,
1 to 6 percent slopes 0.8% 2 Non-hydric Not prime farmland
A review of the 2-foot contours of site shows that it is relatively flat, ranging from 896 to 900 feet
above sea level. A network of drainage ditches cross through the site at elevations of 892 to 894 feet
above sea level.
The development of the area will disturb more than one acre of land. Therefore the project will
require a National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS)
General Permit administered by the Minnesota Pollution Control Agency (MPCA) prior to initiation of
earthwork. In compliance with the General NPDES Permit for construction activities, the project
proponent and construction contractor will implement Best Management Practices (BMPs) to reduce
erosion and sedimentation and stabilize exposed soils after construction. Erosion and sediment
control BMPs related to stormwater runoff are discussed in greater detail within Item 11.b.ii.
NOTE: For silica sand projects, the EAW must include a hydrogeologic investigation assessing the
potential groundwater and surface water effects and geologic conditions that could create an
increased risk of potentially significant effects on groundwater and surface water. Descriptions of
water resources and potential effects from the project in EAW Item 11 must be consistent with the
geology, soils and topography/land forms and potential effects described in EAW Item 10.
11.Water Resources
a. Describe surface water and groundwater features on or near the site in a.i. and a.ii. below.
i. Surface water - lakes, streams, wetlands, intermittent channels, and county/judicial ditches.
Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory
waterfowl feeding/resting lake, and outstanding resource value water. Include water quality
impairments or special designations listed on the current MPCA 303d Impaired Waters List that
are within 1 mile of the project. Include DNR Public Waters Inventory number(s), if any.
According to the Minnesota Department of Natural Resources (MN DNR) Public Waters Inventory,
there are no public water wetlands, basins or waterways present on the project site and within 1
mile of the site (Appendix A, Figure 9).
The NWI map identified five wetland types within the project site including 1 riverine (R2UBFx),
that corresponds to the public and private ditches on site, and four seasonally flooded/saturated
emergent wetlands (3 PEM1d and 1 PEM1Af). Rice Creek Watershed Map Viewer identifies one
Anoka County ditch, ACD-10-22-32 Main Trunk and Branch 2 (Appendix A, Figure 10).
An on-site field wetland delineation is expected to be conducted in summer 2022. After regulator
review of the wetland delineation, a Notice of Decision (NOD) will be issued.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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TThe National Hydrography Map (NHD) identifies ditches throughout the property that correspond
with the NWI riverine features identified on site and the Anoka County ditch.
The Minnesota Pollution Control Agency (MPCA) Impaired Waters Map does not identify any
impaired waterways or basins within the project site and within 1 mile of the project site.
ii. Groundwater – aquifers, springs, seeps. Include: 1) depth to groundwater; 2) if project is within a
MDH wellhead protection area; 3) identification of any onsite and/or nearby wells, including
unique numbers and well logs if available. If there are no wells known on site or nearby, explain
the methodology used to determine this.
Groundwater levels vary across the site. In the soil boring testing locations, groundwater ranged
from approximately 5 to 10 feet below the soil surface. However, it should be noted that the
observation periods for the borings were relatively short, and project planning can expect
groundwater levels to fluctuate based on seasonal and annual factors such as flooding, irrigation,
precipitation, freeze/thaw, and surface drainage modifications.
Based on the MN DNR Minnesota Spring Inventory, there are no springs or seeps located within
the project site.
The project site is not located within a MDH wellhead protection area. The project site is within
0.5 mile of the Minnesota correctional facility – Lino Lakes drinking water supply management
area (DWSMA) and within approximately 1.5 mile of the City of Blaine’s (East) DWSMA.
There are two wells located on site. Their unique well numbers are 231862 and 444819
(Appendix A, Figure 11; Appendix B). See Table 6 below for more information on the wells. On
site wells will be sealed in accordance with MDH requirements.
Table 7. Water Wells Located Within the Project Site
Well No. Surface
Elevation (ft)) Use Depth (ft) Cased Depth (ft)
Depth to
Static Water
Level (ft)
Aquifer Within Project
Site?
2331862 900 N/A 720 196 N/A Multiple Yes
444819 899 Domestic 200 185 45 Jordan Yes
* Data was taken from the MDH’s Well Index (https://mnwellindex.web.health.state.mn.us/)
b. Describe effects from project activities on water resources and measures to minimize or mitigate the
effects in Item b.i. through Item b.iv. below.
i. Wastewater - For each of the following, describe the sources, quantities and composition of all
sanitary, municipal/domestic and industrial wastewater produced or treated at the site.
1) If the wastewater discharge is to a publicly owned treatment facility, identify any
pretreatment measures and the ability of the facility to handle the added water and waste
loadings, including any effects on, or required expansion of, municipal wastewater
infrastructure.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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TThe project is expected to produce domestic wastewater that is typical of a residential
development. In the City of Lino Lake’s Comprehensive Plan, the City forecasts the future
trunk sewers and lift station’s necessary to accommodate the future growth within the City.
These forecasts are broken out by sewer planning district and this project site is located
within Sewer District 2. The project will connect to an existing sanitary sewer line located on
Robinson Drive and extend an existing 15” sanitary sewer north through the site and an
existing 10” sanitary sewer east through the site. There will be several 8” internal sanitary
sewers extending throughout the project site that connect and flow to the main trunk sewer.
City Lift Station No. 10 is located downstream of the proposed development. It has a firm
capacity of 400 gallons per minute (gpm) and an existing residual capacity of 317 gpm. This
lift station is projected to require upsizing prior to full development of the project site.
Wastewater will flow through City gravity pipes, lift stations, and force main pipes that will
eventually flow to the Metropolitan Council Environmental Services (MCES) Interceptor 8361,
located on North Road on the Lino Lakes/Circle Pines boundary. The MCES pipe system and
treatment facility was designed with capacity for residential development in this area.
The MCES Interceptor 8361 eventually flows to the Metropolitan Wastewater Treatment
Plant (MWWTP) in St. Paul. This wastewater plant is located approximately three miles south
of downtown St. Paul near Pig’s Eye Lake on the Mississippi River. The MWWTP has a
capacity to treat 314 million gallons of wastewater per day (MGD) and receives 159 MGD as
of February 2022. Metropolitan Council’s 2040 Water Resources Policy Plan includes a
specific plan to serve the region’s projected growth through and beyond 2040.
In the MPCA’s future wastewater infrastructure needs report from 2020, it identified that the
average residential wastewater production is 167 gallons per day (MPCA, 2020). Therefore, it
is possible that the development could generate approximately 93,019 gallons of wastewater
per day for the PUD concept plan and 118,069 gallons of wastewater per day for the yield
plan.
Additional wastewater coming from the proposed project has been planned for and is not
expected to require the expansion of wastewater treatment infrastructure and will not raise
any wastewater treatment capacity concerns.
2) If the wastewater discharge is to a subsurface sewage treatment systems (SSTS), describe the
system used, the design flow, and suitability of site conditions for such a system. N/A
3) If the wastewater discharge is to surface water, identify the wastewater treatment methods
and identify discharge points and proposed effluent limitations to mitigate impacts. Discuss
any effects to surface or groundwater from wastewater discharges. N/A
ii. Stormwater – Describe the quantity and quality of stormwater runoff at the site prior to and post
construction. Include the routes and receiving water bodies for runoff from the site (major
downstream water bodies as well as the immediate receiving waters). Discuss any environmental
effects from stormwater discharges. Describe stormwater pollution prevention plans including
temporary and permanent runoff controls and potential BMP site locations to manage or treat
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 13
stormwater runoff. Identify specific erosion control, sedimentation control or stabilization
measures to address soil limitations during and after project construction.
PPre-Construction Site Runoff
The existing runoff from the project site likely contains sediments, pesticides, fertilizers, and other
nutrients from the existing agriculture land. The site drains to the system of public and private
ditches that exist across the property.
Post-Construction Site Runoff
The land use on the project site will change from agricultural to residential use. The estimated
impervious surface for the PUD concept plan is 50 acres and the estimated impervious surface for
the yield plan is 62 acres. All impervious surfaces will be mitigated through required stormwater
treatment.
During construction, there will likely be an increase in runoff from suspended solids, heavy metals,
and oil/grease. After construction, the runoff from the residential site will be typical of suburban
development with the increase in impervious surfaces and maintained lawn/landscape areas. It is
anticipated that the proposed constructed stormwater management system will aide in limiting
the increase in runoff volume and associated pollutant transport. The stormwater basins proposed
on site will be constructed at logical discharge points of the site to provide temporary treatment,
prior to construction stormwater leaving the site. Infiltration is not feasible on the site due to the
site’s high water table; therefore, other stormwater ponding methods will be used to meet the
stormwater requirements of the site. Large stormwater basin features will be provided for
floodplain mitigation.
Stormwater runoff quality and quantity will be designed to meet the requirements of the City of
Lino Lakes, Rice Creek Watershed District, and MPCA National Pollutant Discharge and State
Disposal System (NPDES/SDS).
Stormwater and Erosion Control BMPs
Prior to construction, the project proponent will be required to submit an application to the MPCA
for coverage under the NPDES/SDS General Permit since the project will involve the disturbance of
more than one acre of land. In addition, the City of Lino Lakes and Rice Creek Watershed District
will review and accept these plans prior to the start of construction. Best management practices
(BMPs) will be installed prior to and maintained throughout construction to reduce erosion and
sediment loading into stormwater runoff. This will ensure that potential adverse effects from
construction-related sediment and erosion will be reduced in the surrounding area. To confirm
that the BMPs are effectively reducing erosion and sediment loading, the BMPs will be inspected
once a week or within 24 hours after each rainfall event that exceeds 0.5 inches. Some of the main
BMPs that will be implemented on the construction site include:
x Installation of silt fence and other perimeter controls prior to initiation of earthwork and
maintenance of these controls until ground cover has been established on exposed areas.
x Construction of temporary sediment basins in areas proposed for stormwater ponds. The
development of these basins for permanent use will follow construction.
x Periodic street cleaning and installation of a rock construction entrance to reduce tracking of
dirt onto public streets.
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x SStabilization of exposed soils within the time limits specified in the General NPDES permit
x Inlet protection around any stormwater inlets on site
x Energy dissipation, such as riprap, installed at storm sewer outfalls
x Use of cover crops, native seed mixes, sod, and landscaping to stabilize exposed surface soils
after final grading.
A complete list of BMPs will be described in the Storm Water Pollution Prevention Plan (SWPPP)
prepared for this project.
iii. Water appropriation – Describe if the project proposes to appropriate surface or groundwater
(including dewatering). Describe the source, quantity, duration, use and purpose of the water use
and if a DNR water appropriation permit is required. Describe any well abandonment. If
connecting to an existing municipal water supply, identify the wells to be used as a water source
and any effects on, or required expansion of, municipal water infrastructure. Discuss
environmental effects from water appropriation, including an assessment of the water resources
available for appropriation. Identify any measures to avoid, minimize, or mitigate environmental
effects from the water appropriation.
Water Appropriation
The City of Lino Lakes anticipates that the municipal water supply system will be able to meet the
projected demand without expanding its current MN DNR water appropriation permit (#1985-
6168).
Temporary groundwater appropriation may be necessary during construction for mass grading
and to install utilities. Temporary construction dewatering greater than 10,000 gallons per day or
1 million gallons per year and less than 50 million gallons per year will require authorization under
DNR General Permit 1997-0005.
Well Abandonment
As mentioned in Section 11.a.ii., the Minnesota County Well Index indicated that there are two
wells located on the northern parcel near the two existing residence. Both wells will be sealed and
removed using the MDH regulations prior to development in the area in order to mitigate for
potential groundwater contamination.
Connection to Existing Municipal Water Supply
The City of Lino Lakes has constructed a 12” trunk watermain that is located at the southwest
corner of the development in Robinson Drive. The trunk watermain extension included in this
project will provide domestic water service for the proposed development and future
developments in the area.
Water for the project will be supplied by the City of Lino Lake’s public water supply system which
consists of six active MN DNR permitted groundwater production wells, three elevated storage
tanks, a booster station, and a system of trunk and lateral watermains ranging in diameter from 6
to 16 inches. The city does not treat its water at a central treatment facility and instead provides
chemical addition at each well to disinfect, prevent tooth decay, and control iron and manganese
precipitation. The water in the six wells is pumped from the Jordan Sandstone Aquifer and meets
all health requirements. No surface water supply is currently available (City of Lino Lakes, 2020).
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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LLino Lakes residential water demand from 2016 to 2020 was 65 gallons per person per day of
water. Based on a three person household, it is estimated that the PUD Concept Plan will use
approximately 108,615 gallons per day of water and the Yield Plan will use approximately 137,865
gallons per day of water.
Measures to avoid, minimize, or mitigate environmental effects of groundwater consumption
include many approaches that will result in a reduction of overall water demand. These include
utilization of smart irrigation technology, water conservation, water use efficiency improvements,
limitations on irrigation, stormwater reuse for irrigation, low water use landscaping, and use of
low flow fixtures.
iv. Surface Waters
1) Wetlands - Describe any anticipated physical effects or alterations to wetland features such as
draining, filling, permanent inundation, dredging and vegetative removal. Discuss direct and
indirect environmental effects from physical modification of wetlands, including the
anticipated effects that any proposed wetland alterations may have to the host watershed.
Identify measures to avoid (e.g., available alternatives that were considered), minimize, or
mitigate environmental effects to wetlands. Discuss whether any required compensatory
wetland mitigation for unavoidable wetland impacts will occur in the same minor or major
watershed, and identify those probable locations.
An on-site field wetland delineation has not been completed at this time, but will occur
during the summer of 2022.
Any wetlands identified within the project site are regulated at the state level by the Wetland
Conservation Act (WCA) which is administered by the Minnesota Board of Water and Soil
Resources (BWSR). Rice Creek Watershed District is the WCA Local Government Unit (LGU)
where the project site is located. At the federal level, wetlands are regulated under Section
401/404 of the Federal Clean Water Act (CWA) that is administered by the MPCA (Section
401 Certification) and the U.S. Army Corps of Engineers (Section 404 Permit). There are no
MN DNR public waters, public water wetlands, or public watercourses within the project.
Thus, an MN DNR public waters permit will not be necessary for this project site.
Potential Impacts to Wetlands on Site
Based on the potential PUD and yield concept plans, it is possible that permanent wetland fill
could occur on site. The permanent wetland fill could potentially be eight acres in size;
however, this estimate is only based on desktop mapping from the Minnesota National
Wetland Inventory and is subject to change based on the wetland delineation that is still in
progress and needs to be approved. Based on the results of the field wetland delineation, the
concept plan may need to be altered to avoid and minimize wetland impact where feasible.
An Approved Jurisdictional Determination (AJD) will likely be obtained, if necessary, from the
Army Corps of Engineers once the delineation is finalized and impacts are known on site.
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Components of Wetland Replacement Plan
The project proponent will be required to submit a wetland replacement plan for
approval under WCA and potentially under the CWA if there are impacts to jurisdictional
features on site. In the replacement plan, the project proponent will need to
demonstrate compliance with the WCA sequencing process by evaluating site design
alternatives and avoiding and minimizing impacts on wetlands. In addition, the project
proponent will also be required to implement BMPs or other management practices that
help reduce and eliminate wetland impacts over time. Wetland impacts will be avoided,
minimized, and mitigated by:
x Avoiding delineated jurisdictional water resources where feasible
x Aligning roadways to avoid wetlands wherever practicable
x Setting the residential units back from the wetlands and water resources where
practicable
x Implementing sedimentation and water quality protection BMPs to reduce and
eliminate secondary wetland impacts over time
x Treating stormwater from impervious surfaces to remove sediment and nutrients
prior to discharging into wetlands
x Defining upland buffers adjacent to wetlands, seeding disturbed buffers with
native vegetation, and making wetland buffers with monuments to protect
wetlands in compliance with the City of Lino Lake’s Ordinance.
x Provide compensatory wetland mitigation to offset unavoidable wetland impacts
and replace wetland function.
Compensatory Wetland Mitigation
Compensatory wetland mitigation for unavoidable wetland impacts will occur by
purchasing available wetland credits from approved wetland banks. The Rice Creek
Watershed District mitigation requirements, outlined in Rule F: Wetland Alteration, will
be followed to determine the appropriate wetland replacement ratio for the site and to
identify the appropriate wetland bank to purchase wetland credits from. The wetland
bank identified will be dependent on available credit balances when the wetland
replacement plan is finalized.
Wetland Buffers
Wetlands that will be preserved on site will need to comply with Rice Creek Watershed
District’s wetland buffer requirements as outlined in Rule F: Wetland Alteration.
Physical Effect
2) Other surface waters- Describe any anticipated physical effects or alterations to surface water
features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as
draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment,
aquatic plant removal and riparian alteration. Discuss direct and indirect environmental
effects from physical modification of water features. Identify measures to avoid, minimize, or
mitigate environmental effects to surface water features, including in-water Best
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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Management Practices that are proposed to avoid or minimize turbidity/sedimentation while
physically altering the water features. Discuss how the project will change the number or type
of watercraft on any water body, including current and projected watercraft usage.
TThere is one public Anoka County ditches, ACD-10-22-32 Main Trunk and Branch 2, and
private ditches on the project site. The field wetland delineation, that will be completed in
the summer 2022, will identify these areas in the report.
The project site is mapped within the 100 year FEMA floodplain area which corresponds with
the Rice Creek Watershed floodplain area (Appendix A, Figure 7). See Item 8 for the list of
approvals related to floodplain alteration.
12.Contamination/Hazardous Materials/Wastes
a. Pre-project site conditions - Describe existing contamination or potential environmental hazards on or
in close proximity to the project site such as soil or ground water contamination, abandoned dumps,
closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss
any potential environmental effects from pre-project site conditions that would be caused or
exacerbated by project construction and operation. Identify measures to avoid, minimize or mitigate
adverse effects from existing contamination or potential environmental hazards. Include development
of a Contingency Plan or Response Action Plan.
The MPCA’s “What’s in my Neighborhood” (WIMN) search indicated there is 1 brownfield
determination on the project site and one petroleum tank release to the immediate north. Braun
Intertec conducted the following investigations on the site:
x Environmental Sampling Report, December 22, 2016
x Phase II Environmental Assessment, January 11, 2019
x Level 1 Assessment, March 12, 2020
x Environmental Excavation Report, March 12, 2020
x Phase 1 Environmental Site Assessment, March 8, 2022.
The MPCA issued a no action letter on May 27, 2020. In the letter, they stated that the extent and
magnitude of the release(s) have been defined, and the identified contamination does not pose a risk
to human health or the environment at this time. They also stated that future development of the
site should assume that petroleum contamination is present, and the MPCA should be notified if any
is encountered during future work (MPCA Site ID BF0001475). The project proposer will develop a
plan to remove petroleum contamination prior to the development of the site.
The tank release to the immediate north (across CSAH 14) was closed by the MPCA. In their
Petroleum Tank Release Site File Closure letter, dated September 19, 2008, they also state that future
development in the area should assume that petroleum contamination may still be present (MPCA
Site ID LEAK00016576).
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AAn asbestos and regulated materials (ARM) assessment will be completed prior to the demolition of
the farmstead and an a 10-day demolition notification will be made to the MPCA/MDH if asbestos
containing material (ACM) is identified during the ARM assessment. If ACM and/or other regulated
solid waste is identified during the ARM assessment requiring removal, generated solid waste will be
disposed of at an MPCA permitted landfill.
In addition to the brownfield and tank release identified, there are 10 sites within 0.5 miles of the
proposed project site as shown in the MPCA's database (Appendix A, Figure 12; Table 7). Six are
construction stormwater permits associated with residential development or drainage improvement,
and four are associated with petroleum tanks, hazardous waste, and underground tanks. Information
on the MPCA’s website indicates that these sites have been properly investigated and managed.
Therefore, these sites are not expected to adversely affect the project site.
The Minnesota Department of Agriculture’s (MDA) What’s in My Neighborhood database indicates
that there are no sites within 0.5 miles of the project site.
Table 8. What’s in My Neighborhood Sites within 0.5 Miles of the Project Site
Site ID Type Name Status Within Project SSite
107252
Aboveground tanks,
underground tanks,
brownfields*
Robinson Landscaping Active, Inactive* Yes
226150 Construction stormwater Century Farm North 7th Active No, within 0.5 miles
157490 Construction stormwater Morell Borrow Pit Active No, within 0.5 miles
212682 Construction stormwater Century Farm North 6th Addition Active No, within 0.5 miles
141380 Construction stormwater Anoka County Ditch 10-22-32
Maintenance 3 Inactive No, within 0.5 miles
191075 Petroleum remediation,
leak site Caroll Busch Residence Inactive No, within 0.5 miles
107177 Underground tanks Goldade Richard J Inactive No, within 0.5 miles
21238
Hazardous waste
generator, minimal
quantity, petroleum
remediation*, leak site*
A & L Sod Inc Active, Inactive* No, within 0.5 miles
224787 Construction stormwater Level Street NE Improvement
project Inactive No, within 0.5 miles
228696 Construction stormwater CSAH 14 from Lexington to Opal
Street Active No, within 0.5 miles
139362 Hazardous waste Blaine House Demo Inactive No, within 0.5 miles
Source: MPCA’s “What’s in My Neighborhood” Database
https://pca-gis02.pca.state.mn.us/wimn2/index.html
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a. Project related generation/storage of solid wastes - Describe solid wastes generated/stored during
construction and/or operation of the project. Indicate method of disposal. Discuss potential
environmental effects from solid waste handling, storage and disposal. Identify measures to avoid,
minimize or mitigate adverse effects from the generation/storage of solid waste including source
reduction and recycling.
TThe proposed project is a residential subdivision. Waste material and debris associated with
construction will be contained on site and disposed of in a manner consistent with the City of Lino
Lakes Ordinances. Once constructed, the project should only generate municipal solid waste and
household hazardous waste.
The 2018 Anoka County Solid Waste Management Master Plan estimated each person generates 1.16
tons of municipal solid waste annually. The following analysis provides a calculation based on the
range of units as established in the site plan:
PUD Concept Plan (557 Units):
Yield Plan (707 Units):
Land Use Residential
Units
Rate
(ttons/person/yr)
Persons per
household
Total
(ttons/yr)
Low, Medium, High
Density Residential 707 1.16 2.87 2,354
*Based on MMet Council and 2020 Census
Residents will contract individually for solid waste management and recycling services through one of
the city’s licensed haulers. Anoka County provides free recycling and disposal of hazardous wastes at
the Household Hazardous Waste Facility located in the nearby city of Blaine.
b. Project related use/storage of hazardous materials - Describe chemicals/hazardous materials
used/stored during construction and/or operation of the project including method of storage. Indicate
the number, location and size of any above or below ground tanks to store petroleum or other
materials. Discuss potential environmental effects from accidental spill or release of hazardous
materials. Identify measures to avoid, minimize or mitigate adverse effects from the use/storage of
chemicals/hazardous materials including source reduction and recycling. Include development of a
spill prevention plan.
During construction, the project will follow the NPDES permit requirements and city ordinances to
avoid and minimize effects from the use or storage of hazardous materials/chemicals. Refueling of
construction equipment will be in contained areas with drip pans. The contractor will be required to
clean up spills and report them immediately as required by Minnesota law/NPDES permit. The
contractor will also contain any washout operations (including concrete, paint, etc.) The containment
area will be posted with signs and inspected so that it does not generate any contaminated runoff.
Land Use Residential
Units
Rate
(tons/person/yr)
Persons per
household
Total
(tons/yr)
Low, Medium, High
Density Residential 557 1.16 2.87 1,854
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c. Project related generation/storage of hazardous wastes - Describe hazardous wastes
generated/stored during construction and/or operation of the project. Indicate method of disposal.
Discuss potential environmental effects from hazardous waste handling, storage, and disposal.
Identify measures to avoid, minimize or mitigate adverse effects from the generation/storage of
hazardous waste including source reduction and recycling.
DDuring construction, the project will follow the NPDES permit requirements and city ordinances to
avoid and minimize effects from the storage of hazardous waste. Generation of small quantities of
household hazardous waste will occur when residents are living on the property. Anoka County
provides free recycling and disposal of hazardous wastes at the Household Hazardous Waste Facility
located in the nearby city of Blaine.
13.Fish, Wildlife, Plant Communities, and Sensitive
Ecological Resources (Rare Features)
a. Describe fish and wildlife resources as well as habitats and vegetation on or in near the site.
The habitats and vegetation present on site primarily consist of agriculture. Parcel 1 of the project
site also consists of landscaped lawn and mature deciduous trees around the existing residential
property.
Based on desktop analysis, there are private and public ditches that run throughout the property.
Additionally, there are potentially farmed wetland features present on site. Therefore, there is
potential habitat available for fish species on the project site.
Due to the disturbed nature of the project site, common wildlife species adapted to agriculture and
suburban environments, such as white-tailed deer, songbirds, and small mammals (squirrels, rabbits,
raccoons), are likely to occur within the project site.
b. Describe rare features such as state-listed (endangered, threatened or special concern) species, native
plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other
sensitive ecological resources on or within close proximity to the site. Provide the license agreement
number (LA-____) and/or correspondence number (ERDB _____________) from which the data were
obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or
species survey work has been conducted within the site and describe the results.
State
The MN DNR NHIS database was queried (License agreement # 181676) to determine whether known
locations of rare plant, animal species, or other significant natural features are known to occur within
an approximate one-mile radius of the project site. A MN DNR NHIS concurrence request letter was
sent to the MN DNR to concur with the findings of the NHIS database query. The MN DNR issued
their NHIS review letter in May 2022 and their findings are described in Appendix C.
The NHIS review identified eight vegetation species and one reptile species occurring within one mile
of the site. There are no state listed species within the project site. These species include:
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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Table 9. State Rare Wildlife and Plant Species Within 0.5 Miles of the Project Site
Common Name Scientific Name MN
Status1,2 Habitat2
Vegetation
A bristle-berry Rubus fulleri T Shallow wetlands on sandplains
Autumn fimbry Fimbristylis autumnalis SS Sedge meadows on Anoka Sandplain
Black huckleberry Gaylussacia baccata T
Well-drained and sandy soil or dry
sandstone outcrops in fire-dependent
forests
Cross-leaved mulkwort Polygala cruciata E Sedge meadows on Anoka Sandplain
Lance-leaf violet Viola lanceolata var.
lanceolata T
Low, moist meadows, moist swales in
sand dunes and savannas, occasionally
sandy lakeshores
Swamp blackberry Rubus semisetosus T
Moist sand along margins of
groundwater-fed swales or marshes
that are grass or sedge dominated
habitats. In Anoka Sandplain
Toothcup Rotala ramosior T Sandy margins of small ponds and lakes in
the Anoka Sandplain
Twisted yellow-eyed grass Xyris torta E Peatlands, floating mats, bogs, and fens
Reptile
Blanding’s turtle Emydoidea blandingii T
Shallow, slow-moving waters with
abundant vegetation, such as grassy
marshes, mesic prairies, slow-moving
rivers, and shallow lakes and ponds
1MN Status Abbreviations: E = endangered; T = threatened; SS = special concern
2MN Status and Habitat found here: https://www.dnr.state.mn.us/rsg/index.html
Federal
The U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) online
tool was used to obtain information on federally listed threatened and endangered species in the
project site (USFWS, 2022a) (Appendix D). One federally listed species is expected to occur on or near
the project site within the project site. This includes the threatened northern long-eared bat (Myotis
septentriona lis). In addition, the monarch butterfly (Da naus plexippus), a candidate for the
Endangered Species Act (ESA), is listed to occur on or near the project site. In addition, no critical
habitats are listed to occur throughout the project site.
Northern long-eared bat: The northern long-eared bat hibernates in caves and mines during the
winter and spends the summer roosting in cavities and crevices of both live trees and snags (dead
trees). At dusk, the bats usually fly through the understory of forested areas and feed on a variety of
insect species (USFWS, 2022b). As of June 2021, MN DNR does not show documented maternity
roost trees or hibernacula entrances of northern long-eared bats occurring within the project or
within the immediate project vicinity. There is an identified hibernaculum near the Mississippi River
in South St. Paul (MN DNR & USFWS, 2021).
Monarch butterfly: The monarch butterfly prefers field and park habitat where milkweed and native
plants are common. This is a common insect in Minnesota that is seen throughout the summer (MN
DNR 2022).
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IIn addition to IPaC, the USFWS Rusty Patched Bumble Bee Map indicates that the project site falls
within the Low Potential Zone. The low potential zones are those where the bumble bee will not
likely be present and the high potential zones are the areas the bumble bee will likely be present
(USFWS, 2022c). The rusty patched bumble bee, a federally endangered bee, occupies grasslands and
tallgrass prairie areas and feeds on a variety of flowering plants throughout the spring to fall until it
goes into hibernation in the winter (USFWS, 2017).
Table 10. Federal Rare Wildlife and Plant Species Within the Project Site
Common Name Scientific Name Status Key Habitats Potential Suitable Habitat2 Federal11 State
Mammals
Northern long--
eared bat
Myotis
septentrionalis LT Special Concern
Forests during spring and
summer, caves and mines
during winter
P (roost trees)
Insects
Monarch
butterfly
Danaus
plexippus C Watchlist
Fields and parks where
milkweed and native
plants are common
N
Rusty ppatched
bumble bee Bombus affinis E Special Concern Grasslands and tallgrass
prairie, flowering plants N
1 Federal Status Codes: LT = Listed Threatened; C = Candidate f
2Habitat Codes: N = No, no records of species within study area and no suitable habitat is present
c. Discuss how the identified fish, wildlife, plant communities, rare features and ecosystems may be
affected by the project. Include a discussion on introduction and spread of invasive species from the
project construction and operation. Separately discuss effects to known threatened and endangered
species.
The project is expected to convert approximately 140 acres of sod farm, including existing sod farm
operation buildings, into a residential development. The residential development will include new
public roads, homes, stormwater basins, and maintained lawns/landscaping.
During construction of the site, mobile wildlife present on the project site will likely disperse to
adjacent and/or similar habitats. However, less mobile species may likely experience more adverse
effects from construction. Once construction is completed, the project will likely displace those
wildlife species dependent on agricultural cropland for habitat.
Additionally, the development is not expected to have substantial effect on rare state and federally
listed species and sensitive natural environments.
x Based on the habitat descriptions for the state listed rare plants and animals within 1 mile of
the project site, it is unlikely that this site provides suitable habitat for these species to
become established and exist on site. The site undergoes routine disturbance to vegetation
and soil due to the sod farming practices, the hydrology is manipulated through private and
public drainage systems, and any potential wetlands present on site have been farmed.
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x TThe project is not likely to adversely affect the northern long-eared bat (NLEB) because there
are no known maternity roosts or hibernacula of this species on the project site and within
the project vicinity (MN DNR & USFWS, 2021). There are less than 10 tree species on site and
they are concentrated by the sod farm office space. Tree clearing is not expected to
substantially impact NLEB’s roosting, breeding, and feeding given the limited amount of
available existing trees on site. Construction will be mindful of the tree clearing exclusion
dates and to the extent possible, clear trees between October and April. This will reduce the
risk of impacting migratory songbirds and roosting bats, if they are potentially in the small
cluster of trees present by the existing sod farm office space.
x The project site is not known to contain highly suitable habitat for the monarch butterfly and
the rusty patched bumble bee. The vegetation habitat available on site is dominantly by sod
and not flowering plants that would attract the monarch butterfly and rusty patched bumble
bee. The residential development of the site will likely improve pollinator habit by increasing
native plant diversity through landscapes buffers and reducing pesticide use.
BMPs consisting of erosion control measures, listed under Item 11.b.ii., will be installed on the
project site prior to construction to control invasive species and weeds to the extent practicable.
Since the project site is in sod farm production, the site has been manipulated to reduce weedy and
invasive species. After construction and grading are complete, the exposed soil will be planted with
turf grass (for residential units) or approved, native seed mixes designed to establish desirable
vegetation in order to mitigate the risk of invasive species.
d. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife,
plant communities, and sensitive ecological resources.
As part of the development, the creation of stormwater basins, lawn/landscaping, and trees will
greatly improve the existing conditions of the project site. The proposed improvements will increase
habitat for fish, wildlife, and plant communities on-site that did not exist before.
Any slopes requiring semi-permanent reinforced netting will use non-plastic biodegradable fabric or
rectangular shapes to mitigate impacts to wildlife.
14.Historic Properties
Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close
proximity to the site. Include: 1) historic designations, 2) known artifact areas, and 3) architectural
features. Attach letter received from the State Historic Preservation Office (SHPO). Discuss any anticipated
effects to historic properties during project construction and operation. Identify measures that will be
taken to avoid, minimize, or mitigate adverse effects to historic properties.
A data request was submitted to the Minnesota State Historic Preservation Office (SHPO) to
determine if there were any historical or archaeological sites identified on site. The SHPO responded
stating that there are no known historical or archaeological records for the project site. See Appendix
E for the SHPO correspondence.
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15.Visual
a. Describe any scenic views or vistas on or near the project site. Describe any project related visual
effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the
project. Identify any measures to avoid, minimize, or mitigate visual effects.
TThe existing views from the site include agriculture, residential development, wetlands, open field,
and forested areas.
This project will not create any unusual visual impacts. The visual effect will transition views from
predominately open flat agriculture land to single family homes and townhomes, public access roads,
and stormwater basins. The project will not include intense lighting that will cause glare and the
residential developments will not produce vapor plumes. The outdoor lighting along the streets will
be strategically placed to benefit the residents as they navigate the development and will not direct
any light towards sensitive areas.
Landscape plantings will be included in the development per the City of Lino Lakes landscape
ordinance. This will include tree and shrubs plantings along portions of the site’s perimeter. The
landscape plantings will help soften the visual transition between the open space and residential
developments adjacent to the site.
16.Air
a. Stationary source emissions - Describe the type, sources, quantities and compositions of any emissions
from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria
pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors,
human health or applicable regulatory criteria. Include a discussion of any methods used assess the
project’s effect on air quality and the results of that assessment. Identify pollution control equipment
and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary
source emissions.
The proposed residential subdivision will generate small sources of stationary source emissions
through home heating and cooling through natural gas and electricity. This will result in direct and
indirect sources of stationary greenhouse gas emissions (GHG) at a small quantity. Emissions are
expected to be similar to those of the single-family and multi-family residential units adjacent to the
site.
The Minnesota Environmental Quality Board (EQB) is currently working on a pilot program to
understand how to integrate GHG quantification and assessment into the Environmental Review
documents. However, the requirements and methods are not required for the document yet. Thus,
the GHG for this document will be qualitative.
The primary GHG’s are carbon dioxide (CO2), nitrous oxide (N20), methane (CH4), sulfur hexafluoride
(SF6), and two classes of compounds called hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs).
Carbon dioxide is the most abundant GHG and has the largest effect on the climate. Emissions are
reported as carbon dioxide equivalent (CO2-e) tons and are stated in terms that reflect their global
warming potential (GWP) (MPCA, 2021).
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GGHGs emissions for the project are expected to come from:
x Fossil fuels and natural gas used to generate electricity used during construction and operation of
the project site and to heat residential home and residential water.
x Vehicle and air transportation related to project construction and operation
x Refrigeration and air conditioning in each residential home
x Transport and treatment of solid waste and wastewater
GMG emissions from the project are not expected to cause potential significant environmental
effects. The project requires this mandatory EAW due to the surpassing the residential development
unit threshold.
GHG mitigation measures may be incorporated into the project design and may include:
x Smart irrigation to reduce outdoor water use
x Energy efficient light and building materials to reduce electricity use
x Plant no-mow fescue mixed or native prairie/pollinator gardens to decreased mowing and
increase carbon sequestration in common areas around residential units.
b. Vehicle emissions - Describe the effect of the project’s traffic generation on air emissions. Discuss the
project’s vehicle-related emissions effect on air quality. Identify measures (e.g. traffic operational
improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle-
related emissions.
The proposed residential subdivision will generate a small increase in carbon monoxide levels
associated with an increase in residential passenger vehicle trips. The project does not require an
indirect source permit. No baseline air quality monitoring or modeling is proposed and no measures
to mitigate for the increase in vehicle related emissions are being considered.
c. Dust and odors - Describe sources, characteristics, duration, quantities, and intensity of dust and odors
generated during project construction and operation. (Fugitive dust may be discussed under item
16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive
receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of
dust and odors.
Dust will be generated during the construction process on the site. The contractors will be required
to control dust by using watering trucks. The adjacent residential parcels and air park to the south will
be the nearest receptors of the dust. Mitigation of the short-term dust and odors impacts will be
managed through proper coordination and construction planning.
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17.Noise
Describe sources, characteristics, duration, quantities, and intensity of noise generated during project
construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing
noise levels/sources in the area, 2) nearby sensitive receptors, 3) conformance to state noise standards,
and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise.
The existing noise levels and sources in the area are those typical of residential development and
agriculture farming. The nearest noise receptors to the site are single family residential homes and a
sod farm. The nearest noise receptors will experience noise levels during construction that are
elevated in comparison to existing noise levels. Grading and excavation activities on site will require
heavy construction equipment.
Noise levels will temporarily increase during construction of the site then return to existing levels
during operation consistent with the zoned residential purpose of the property. Noise levels on site
will vary depending on where construction is occurring on site, time of operation, and distance
between receptors and construction equipment.
Construction noise can be mitigated by restricting construction work to daytime hours. Contractors
will be required to minimize noise impacts by maintaining equipment properly, including noise
controls as specified by manufactures. The project will adhere to the City of Lino Lake’s noise rules
and standards that indicates noise should occur within specified levels depending on land use and
time of day.
After construction, noise levels are expected to be at or near existing levels. Noise associated with
the project will be related to residential vehicle noise. A combination of berms, landscaping, and
fencing will be used to provide noise mitigation for the adjacent residential developments. Similar to
construction noise, the residential use of the property will adhere to the City’s noise rules and
standards. A noise study will be prepared detailing noise mitigation for the site and submitted with
the preliminary plat submittal for the development.
18.Transportation
a. Describe traffic-related aspects of project construction and operation. Include: 1) existing and
proposed additional parking spaces, 2) estimated total average daily traffic generated, 3) estimated
maximum peak hour traffic generated and time of occurrence, 4) indicate source of trip generation
rates used in the estimates, and 5) availability of transit and/or other alternative transportation
modes.
Alliant completed a Traffic Impact Study for the residential development (See Appendix F). The Traffic
Study analyzes the traffic impacts of the proposed development by estimating trips generated by the
project and evaluating the potential need for transportation or roadway improvements for the
development.
1) The majority of the proposed development site is currently undeveloped agricultural land with
no parking spaces, though one business is present with a limited supply of parking. The proposed
development will consist of approximately 707 residential dwelling units (149 single-family
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
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ddetached homes and 558 townhomes). Assuming two parking spaces per dwelling unit, the
proposed additional parking supply is approximately 1,400 spaces, primarily in the form of
attached garages.
2) The proposed development is expected to generate approximately 5,656 daily vehicle trips
when fully constructed and occupied.
3) The proposed development is expected to generate approximately 476 vehicle trips during the
daily peak hour when fully constructed and occupied. The daily peak hour is the p.m. peak hour,
which is expected to occur at some point within the 4:00-6:00 p.m. timeframe.
4) The Institute of Transportation Engineers Trip Generation Manual, 11th Edition, was used to
estimate the trip generation potential for the proposed development.
5) Currently, the project area is not served by scheduled transit routes. Metro Mobility and
Transit Link are shared-ride, curb-to-curb minibus or van services which do serve the project
area. Weekday express bus service to downtown Minneapolis and the University of Minnesota
campus currently originates from the 95th Avenue park-and-ride along I-35W in nearby Blaine.
Weekday express bus service is also available to downtown Saint Paul and currently originates
from the County Road 14 park-and-ride in eastern Lino Lakes. While these transit services will be
available to future residents of the proposed development, they are not expected to have a
significant impact on vehicular ingress and egress at the development site.
Connections to sidewalks and trails are available through the adjacent Century Farm North
residential neighborhood. Continued growth of the residential sidewalk and trail network will also
occur within the proposed development. Trails will be extended through the west and southeast
portions of the proposed development as well as along Robinson Drive and Century Trail. A
future trail is planned along Main Street.
b. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements
necessary. The analysis must discuss the project’s impact on the regional transportation system. If the
peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact
study must be prepared as part of the EAW. Use the format and procedures described in the
Minnesota Department of Transportation’s Access Management Manual, Chapter 5 (available at:
http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance.
The anticipated vehicular trip generation for the proposed development exceeds 250 peak hour
trips and 2,500 daily trips. Therefore, a traffic impact study was prepared for the proposed
development.
x The Robinson Property residential development is proposed to be constructed on approximately
157 acres of agricultural land located in the southeast quadrant of the Main Street/Sunset
Avenue intersection in Lino Lakes, MN. The traffic impacts of proposed development trips on
surrounding study intersections were analyzed for year 2025 and year 2040 conditions. The
following conclusions are offered for consideration:
x Results of the existing traffic operations analysis indicate that all study intersections
currently operate at overall LOS A during the weekday a.m. and p.m. peak hours. In
addition, no side-street delay or queuing issues were observed in the field or traffic
simulations.
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x RResults of the year 2025 and year 2040 no build traffic operations analysis indicate that
all study intersections are expected to operate at overall LOS A during the weekday a.m.
and p.m. peak hours. In addition, no side-street delay or queuing issues were observed in
traffic simulations.
x Results of the year 2025 and year 2040 build traffic operations analysis indicate that all
study intersections are expected to operate at overall LOS B or better during the
weekday a.m. and p.m. peak hours. In addition, no side-street delay or queuing issues
were observed in traffic simulations.
x The proposed development is expected to have limited impact on study area traffic
operations or the regional transportation system. Therefore, no geometric or traffic
control improvements are required from an operations perspective.
c. Identify measures that will be taken to minimize or mitigate project related transportation effects.
While roadway improvements are not required from a traffic operations or regional
transportation system perspective, the following recommendations should be considered:
x Dedicated eastbound right-turn and westbound left-turn lanes are proposed at the Main
Street/North Access (Century Trail) intersection. A dedicated northbound right-turn lane
is proposed at the Sunset Avenue/West Access intersection. A dedicated southbound
left-turn lane is proposed at the Sunset Avenue/Robinson Drive intersection. While these
turn lanes are not required from an operations perspective, they would be expected to
provide a safety benefit in minimizing the potential for rear-end crashes.
x Caution should be exercised when placing development signing and/or landscaping near
proposed site accesses so as to not create a new sight obstruction.
x Turning movements should be reviewed to ensure design vehicles such as school buses
and garbage trucks have adequate accommodations to negotiate internal proposed
development roadways.
x Establish appropriate traffic control at proposed development internal roadway
intersections consistent with local jurisdiction policies to minimize driver confusion and
the potential for conflicts.
See Appendix F for the Traffic Study.
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19.Cumulative Potential Effects
(Preparers can leave this item blank if cumulative potential effects are addressed under the applicable
EAW Items)
a. Describe the geographic scales and timeframes of the project related environmental effects that could
combine with other environmental effects resulting in cumulative potential effects.
Potential effects are addressed under the applicable EAW items.
b. Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid)
that may interact with environmental effects of the proposed project within the geographic scales and
timeframes identified above.
The City of Lino Lakes 2040 Future Land Use plan dictates medium density, high density, and planned
residential/commercial development to the north and east of this proposed property. However,
currently there are no proposed or foreseeable future developments occurring on these properties
while the project is being constructed.
c. Discuss the nature of the cumulative potential effects and summarize any other available information
relevant to determining whether there is potential for significant environmental effects due to these
cumulative effects.
Potential effects are addressed under the applicable EAW items.
20.Other Potential Environmental Effects
If the project may cause any additional environmental effects not addressed by items 1 to 19, describe the
effects here, discuss the how the environment will be affected, and identify measures that will be taken to
minimize and mitigate these effects.
The project will not cause any additional environmental effects not addressed by items 1 to 19.
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm PAGE 30
RR G UU C E R T I F I C A T I O NN
(The Environmental Quality Board will only accept SIGNEDD Environmental Assessment Worksheets for
public notice in the EQB Monitor.)
II herebyy certifyy that::
x The information contained in this document is accurate and complete to the best of my
knowledge.
x The EAW describes the complete project; there are no other projects, stages or components
other than those described in this document, which are related to the project as connected
actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9c and 60,
respectively.
x Copies of this EAW are being sent to the entire EQB distribution list.
Signature ________________________________ Date _______________________________
Title ____________________________________
________________________July 15, 2022
City Planner
ENVIRONMENTAL ASSESSMENT WORKSHEET //Robinson Sod Farm
PAGE 31
References
Berg, J.A., 2016, Geologic atlas of Anoka County, Minnesota (Part B): Minnesota Department of Natural
Resources, County Atlas Series C-27, report and pls. 7–9,
http://www.dnr.state.mn.us/waters/programs/gw_section/mapping/platesum/anokcga.html.
City of Lino Lakes. 2020. Lino Lakes 2040 Comprehensive Plan. https://linolakes.us/compplan
Metropolitan Council. 2022. Sewer Availability Charge (SAC) Procedure Manual. Retrieved from
https://metrocouncil.org/Wastewater-Water/Funding-Finance/Rates-Charges/Sewer-Availability-
Charge/SAC-Pubs/Sewer-Availability-Charge-Manual-2019.aspx
Meyer, G.N., 2013, Geologic Atlas of Anoka County, Minnesota (Part A): County Atlas Series C-27, report
and plate 3 – surficial geology.
Minnesota Pollution Control Agency (MPCA). 2020. Future wastewater infrastructure needs and capital
costs – fiscal year 2020 biennial survey of wastewater collection and treatment. Retrieved from
https://www.pca.state.mn.us/sites/default/files/lrwq-wwtp-1sy20.pdf
Minnesota Pollution Control Agency (MPCA). 2021. Greenhouse gas emissions inventory 2005-2018.
Retrieved from https://www.pca.state.mn.us/sites/default/files/lraq-1sy21.pdf
Mossler, J.H., 2013, Geologic Atlas of Anoka County, Minnesota (Part A): County Atlas Series C-27, plate 2
& 6.
MN DNR. 2022. Monarch butterfly (Danaus plexippus). Retrieved from
https://www.dnr.state.mn.us/insects/monarchbutterfly.html#:~:text=Habitat%20and%20range,to%20hel
p%20the%20butterfly%20population.
MN DNR & U.S. Fish and Wildlife Service (USFWS). 2021. Townships Containing Documented Northern
Long-Eared Bat (NLEB) Maternity Roost Trees and/or Hibernacula Entrances in Minnesota. Retrieved from
https://files.dnr.state.mn.us/eco/ereview/minnesota_nleb_township_list_and_map.pdf
United States Fish and Wildlife Service (USFWS). 2017. Fact Sheet: Rusty patched bumble bee (Bombus
affinis). Retrieved from https://www.fws.gov/midwest/endangered/insects/rpbb/factsheetrpbb.html
USFWS. 2022a. Information for Planning and Consultation (IPaC). Retrieved from https://ecos.fws.gov/ipa
USFWS. 2022b. Northern Long-Eared Bat (Myotis septentrionalis). Retrieved from
https://www.fws.gov/Midwest/endangered/mammals/nleb/nlebFactSheet.html
USFWS. 2022c. Rusty Patched Bumble Bee Map. Retrieved from
https://www.arcgis.com/home/webmap/viewer.html?webmap=2716d871f88042a2a56b8001a1f1acae
&extent=-100.6667,29.7389,-48.8551,50.9676
Appendix A
&/'hZ ^
BlaineLino LakesColumbusHam LakeCentervilleAnokaFigure 1.Project LocationRobinson Sod FarmLino Lakes, Anoka County, MN6RXUFH (65,86*67RSR%DVHPDS0LOHV6WXG\$UHD&RXQW\%RXQGDU\&LW\7RZQVKLS%RXQGDU\Legend0DUTXHWWH$YH6WH0LQQHSDROLV012)),&( )$; ZZZDOOLDQWLQFFRP/
MAIN STREET (C.S.A.H. NO. 14) (PUBLIC)MAIN STREET (C.S.A.H. NO. 14) (PUBLIC)SUNSET AVE (C.R. 53) (PUBLIC)ROBINSON DR (PUBLIC)CARDINAL WAY(PUBLIC)CENTURY TRAIL (PUBLIC)CARL STREET (PUBLIC)ZONE AZONE AZONE AZONE ACARL STREET (PUBLIC)ZOZOZOZZOZZZOOOOOOOOAAAAAAAAAAAZONEZONZZONZOZONOZOZONZZOZONZONZZZONONZONZONZOOZONZONOOZOOOA6170788552509982861'LAKE' 6.2 ACRESPOND - 0.5ACRES11213141182633117POND - 0.5ACRESPOND - 3.8 ACRESPOND - 0.6ACRESPOND - 1.3ACRES110203040455046607080POND - 0.6ACRESLAKE - 4.3 ACRESPOND - 0.3ACRESPOND - 2.4 ACPOND - 2.3 AC8483828180797776757473727169686766656463626059585756555453511041031021011009814131211109979695949392765431919089 8823456789101213141516171819202223242526272829303233343536373839404243444546474849105106107108109110151617192021222324252728291101111123031323435363711311411511638394041424344452345678911121314151617181921222324 2526272829313233343536373839414243444748495152535455565758596162636465666768697172737475767778791-45-1213-2021-2861-6869-7677-801-4108-113133-1361-45-1011-1415-1827-3031-3435-4019-2223-268729-3637-4089-96121-12497-104117-120105-112113-11641-4445-5253-6081-8485-885-89-1314-1718-2122-2627-3031-3536-4142-4546-5152-5758-6364-6869-74 75-7980-8485-8889-9394-9899-103104-107119-122123-127128-132114-118137-141142-146147-151POND - 3.8 ACRESACRESPAAC-848881-844-85 885888POND - 0.9 ACRESFUT RABPOND-0.8 ACRESPOND - 1.0 ACROBINSON PROPERTY - CONCEPT PLANLINO LAKES, MINNESOTA733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comSITE DATAAREAS: 157.054 acres (Per ALTA Survey) + 1.4356 acres (PID:073122220002)TOTAL GROSS AREA OF CONCEPT: 158.490 acresWETLANDS: DITCHES - PUBLIC & PRIVATE PER SURVEYCONCEPT PLAN DETAILS:xLOCAL PUBLIC ROAD TYPICAL SECTION = 60' ROW, 30' B-BxPARKWAY TYPICAL SECTION = 100' ROW, 20' BB w/ 20 MEDIANxEAST-WEST COLLECTOR = 66' ROW, 36' BBxPRIVATE DRIVE ROADS = 24' BBxRESIDENTIAL SINGLE FAMILY ASSUMPTIONSxx25' FRONT YARD SETBACKxx5'/10 OR 7.5'/7.5' SIDE YARD SETBACKxx25' SIDE YARD SETBACK TO ROWxx50' SETBACK TO COUNTY ROADS (SINGLE FAMILY) SETBACKWETLAND ONSITE ASSUMED AS HIGHEST CLASSIFICATIONxTOWNHOME /ROWHOME DETAILSxx22' MIN. DRIVEWAYxx20' MIN. BUILDING SEPARTIONxx24' BB PRIVATE DRIVESLOT SUMMARYx75' WIDE LOTS = 45x65' WIDE LOTS = 117x55' WIDE LOTS = 80xROWHOMES (BACK TO BACK AND ROW) = 124xROW TOWNHOMES = 191xTOTAL HOUSING UNITS = 557 UNITSREVISION DATE: 2-16-2022*SF LOT SIZE REVISIONSDEVELOPMENT BOUNDARYPROPOSED RIGHT OF WAYPROPOSED LOT LINESPROPOSED SETBACKPUBLIC ROADWAYTOP BACK CURB/ROAD EDGE/STRIPINGPRIVATE ROADWAYTOP BACK OF CURB 8' PUBLIC TRAIL5' PUBLIC SIDEWALKPROPOSED POND AREA75' WIDE LOTS65' WIDE LOTS55' WIDE LOTSBACK-BACK ROWHOMESROW TOWNHOMESTRAIL CORRIDOR / OPENLEGEND'JHVSF16%$PODFQU1MBO6OJUT
MAIN STREET (C.S.A.H. NO. 14) (PUBLIC)MAIN STREET (C.S.A.H. NO. 14) (PUBLIC)SUNSET AVE (C.R. 53) (PUBLIC)ROBINSON DR (PUBLIC)CARDINAL WAY(PUBLIC)CENTURY TRAIL (PUBLIC)CARL STREET (PUBLIC)ZONE AZONE AZONE AZONE ACARL STREET (PUBLIC)7078501POND - 0.5ACRESPOND - xxACRESPOND - 1.6 ACRES110455046POND - 1.0ACRESPOND - 3.2 ACRESPOND - 0.3ACRESPOND - 3.0 AC757465636055541065303435404445152025272854969-7677-80FUT RABPOND-0.9 ACRESEEEEEAAA67 units84 units88 units53 units000000000000000000009-7699-769-769-76999-79-7677-77777772 unitsNNNNNNNNNNNNE E EEEEE 70 units54 units70 unitsPOND - 3.0AC6060POND - 2.2 ACPOND - 1.8 AC78 units8914152025263031354039555759606570POND - 2.1 ACRES
POND - 0.5ACRESPOND - 0.4ACRES70 unitsPOND - 0.8 ACPOND - 0.8 ACRESPOND - 2.1 ACRESROBINSON PROPERTY - YIELD CONCEPT PLANLINO LAKES, MINNESOTA733 Marquette Ave, Ste 700Minneapolis, MN 55402612.758.3080 612.758.3099www.alliant-inc.comSITE DATATOTAL GROSS AREA OF CONCEPT: 158.490 acresWETLANDS: DITCHES - PUBLIC & PRIVATE PER SURVEYCONCEPT PLAN DETAILS:xLOCAL PUBLIC ROAD TYPICAL SECTION = 60' ROW, 30' B-BxCOLLECTORS = 66' ROW, 36' BBxPRIVATE DRIVE ROADS = 24' BBxR1 - SINGLE FAMILY ASSUMPTIONSxx30' FRONT YARD SETBACKxx10' SIDE YARD SETBACKxx80' MIN LOT WIDTH (95' MIN CORNER LOT)xx135' MIN LOT DEPTH (145' BACK TO BACK)xx10,800 SF MINxx40' SETBACK TO COUNTY ROADS SETBACKxTOWNHOME /ROWHOME DETAILSxx25' MIN. DRIVEWAYxx20' MIN. BUILDING SEPARATIONxx24' BB PRIVATE DRIVESxx40' SETBACK TO COUNTY ROADS SETBACKxx30' REAR SETBACKxx30' SETBACK TO ROWLOT SUMMARYx80' WIDE LOTS = 148xROWHOMES (BACK TO BACK AND ROW) = 172xROW TOWNHOMES = 386xEXISTING HOME ON NEW LOT = 1xTOTAL HOUSING UNITS = 707 UNITSREVISION DATE: 3-21-2022 - Carl St, TrailsLAND USE BOUNDARY LIMITSDEVELOPMENT BOUNDARYPROPOSED RIGHT OF WAYPROPOSED LOT LINESPROPOSED SETBACKPUBLIC ROADWAYTOP BACK CURB/ROAD EDGE/STRIPINGPRIVATE ROADWAYTOP BACK OF CURB 8' PUBLIC TRAIL5' PUBLIC SIDEWALKPROPOSED POND AREA80' WIDE LOTSBACK-BACK ROWHOMESROW TOWNHOMESLEGEND'JHVSF:JFME1MBO6OJUT
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1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-74 Approving Lot
Combination Variance for 6966 and 6970 Lake Drive
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council consideration of Resolution No. 22-74 approving a lot combination
variance for 6966 and 6970 Lake Drive.
BACKGROUND
The property owners of 6966 and 6970 Lake Drive, Robert and Carol Stanek, submitted a Land
Use Application for a variance from State and City zoning and shoreland requirements to
combine the two (2) contiguous nonconforming lots.
ANALYSIS
The Stanek’s own the following contiguous lots:
Address PID # Lot Size Existing Land
Use
Year
Acquired Per
Recorded
Deeds
6966 Lake Drive #19-31-22-41-0006 4.00 acres
Vacant Lot w/
Illegal Accessory
Structure
2013
6970 Lake Drive #19-31-22-41-0005 3.75 acres Existing House 1996
They live in the house located at 6970 Lake Drive. The illegal accessory structure on 6966
Lake Drive is for their farm animals and remains a zoning code violation to date.
Property History
The City has been working with the Stanek’s since 2014 to bring their two (2) lots into
compliance regarding illegal accessory structures, farm animals, and lot combination.
• September 2014: Stanek’s illegally housed farm animals on their R-1, Single Family
Residential zoned lots and constructed accessory structures without permits. Staff met
2
with the Stanek’s and explained the code violations as well as the lot combination
requirement.
• January 2015: Stanek’s submitted Land Use Application to rezone their two (2) lots
from R-1, Single Family Residential to R, Rural to allow for the keeping of farm
animals.
• March 2015: Rezoning denied per Council Resolution No #15-21 due to spot zoning.
• August 24, 2015: Seventeen (17) parcels along Lake Drive (including Stanek’s) were
rezoned to R, Rural per Ordinance No. 07-15. This allowed Stanek’s to keep farm
animals
• October 19, 2015: Staff mailed a letter to the Stanek’s regarding lot combination and
building permit requirements. The letter also included the one page Anoka County
form to combine the lots.
• November 4, 2015: Staff mailed another letter to Stanek’s as follow up to October 19,
2015 code enforcement letter.
• December 7, 2015 Council Work Session: The lot combination requirement was
discussed again with City Council.
• December 11, 2015: Staff emailed Carol Stanek again regarding the lot combination
requirement.
• December 14, 2015: Carol Stanek responded to staff email stating “I will have my
attorney look at this and get back to you.”
• May 9, 2022: Staff received a call from an individual interested in building a house on
6966 Lake Drive.
• May 10, 2022: 6966 Lake Drive listed on MLS realtor site. Staff mailed and emailed a
letter to the Stanek’s noting requirement to combine lots and that 6966 Lake Drive
cannot be sold or developed separately.
• June 13, 2022: Stanek’s submitted land use application for variance from lot
combination requirement.
City Zoning Ordinance
The lots are both zoned R, Rural. Per City Code Section 1007.080(2)(a) and (b), the required
minimum lot size is ten (10) gross acres and the minimum lot width is 330ft. Both lots are less
than 10 acres and are approximately 200 ft wide. Both lots are substandard, unsewered, and
non-conforming because they do not meet the minimum lot size or the lot width requirements.
The following City ordinances and State Statutes support the lot combination requirement.
• Per City Code Section 1007.001(2) Definitions:
3
NON-CONFORMING USES. A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails, by reason of such adoption,
revision or amendment, to conform to the present requirements of the zoning district.
Staff Comment: It should be noted that when the lots were zoned R-1, Single Family
Residential they were still non-conforming and substandard because they were not served by
public sanitary sewer and water as required in the R-1 district.
• Per City Code Section 1007.041 Non-Conforming Uses and Structures:
(1) Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements, circumstances,
and conditions under which non-conforming buildings, structures and uses will be operated and
maintained. The Zoning Ordinance establishes separate districts, each of which is an
appropriate area for the location of uses which are permitted in that district. It is necessary and
consistent with the establishment of these districts that non-conforming buildings, structures
and uses not be permitted to continue without restriction. Furthermore, it is the intent of this
section that all non-conforming uses shall be eventually brought into conformity.
Staff Comment: It is specially stated that the intent of the nonconforming ordinance is that all
nonconforming uses shall be eventually brought into conformity. Combining the 2 lots will
create one 7.75 acre lot that is 400 ft wide. The new lot will meet lot width requirements and
will be closer in conformance of a 10 acre lot.
• Per City Code Section 1007.042(1) Lot of Record:
(a) Any substandard unsewered lot of record existing at the effective date of this
Ordinance and held in separate ownership different from the ownership of adjoining lots may
be used for the erection of a structure conforming to the use regulations of this Ordinance
provided that:
1. The lot was a separate parcel with its own parcel identification number on the
date of the adoption of this Ordinance.
2. It can be demonstrated that the lot can accommodate the proposed principal
structure, onsite well if the public water system is not available, and an onsite wastewater
treatment system including both a primary and secondary drain field area in accordance with
MN Stat. 7080 and other applicable requirements.
3. The lot has direct frontage on an improved public street which has been
accepted for maintenance by the City of Lino Lakes.
4. All building and site improvements adhere to all required setbacks.
Staff Comment: This zoning section also specifically addresses any substandard unsewered lot
held in separate ownership different from the ownership of adjoining lots may be used for the
erection of a structure. The vacant lot addressed 6966 Lake Drive is not held in separate
ownership from 6970 Lake Drive and cannot be used for the erection of a structure.
4
City Shoreland Ordinance
Both lots are located within the Shoreland Management Overlay district of Rice Lake which is
classified as a natural environment lake. The purpose of requiring the two (2) substandard lots
to be combined is to create one (1) parcel that is more in compliance with minimum lot size and
lot width requirements.
• Per City Code Chapter 1102: Shoreland Management Overlay:
o Section 1102.07 Zoning and Water Supply/Sanitary Provisions.
(1) Lot area and width standards.
(a) Residential Zoning Districts
a. Lot Area per Unit: Unsewered lot on a Natural Environment Lake is 10
acres
b. Lot Width: Unsewered lot on a Natural Environment Lake is 330ft.
o Section 1102.08 Nonconformities.
(1) Construction on nonconforming lots of record.
(c) If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of § 1102.07(1), the lot must not be
considered as a separate parcel of land for the purposes of sale or development. The lot
must be combined with the one or more contiguous lots so they equal one or more
parcels of land, each meeting the requirements of § 1102.07 of this chapter as much as
possible.
Minnesota State Statute
• Per Minnesota State Statute 462.357 Subd.1e. Nonconformities related to shoreland lots:
(f) In a group of two or more contiguous lots of record under a common ownership, an
individual lot must be considered as a separate parcel of land for the purpose of sale or
development, if it meets the following requirements:
(1) the lot must be at least 66 percent of the dimensional standard for lot width and lot
size for the shoreland classification consistent with Minnesota Rules, chapter 6120;
(2) the lot must be connected to a public sewer, if available, or must be suitable for the
installation of a Type 1 sewage treatment system consistent with Minnesota Rules, chapter
7080, and local government controls;
(3) impervious surface coverage must not exceed 25 percent of each lot; and
(4) development of the lot must be consistent with an adopted comprehensive plan.
(g) A lot subject to paragraph (f) not meeting the requirements of paragraph (f) must be
combined with the one or more contiguous lots so they equal one or more conforming lots as
much as possible.
5
Minnesota Rules Chapter 6120
Minnesota Rule 6120.3300 Subp.2(D) further discusses the nonconforming lot combination
requirement. The rule also establishes minimum statewide shoreland lot size and lot width
requirements. The MNDNR minimum unsewered riparian lot size on a natural lake is 80,000sf
and the minimum lot width is 200ft.
However, where the requirements of the City ordinance, State Statute, or Rule are more or less
restrictive, the more restrictive standards shall apply (Rule 6120.2800 Subpart 1. and City Code
1102.02(6)). In this instance, the City’s 10 acre lot size and 330ft lot width are more restrictive
and shall apply.
Applicant’s Narrative
The property owners submitted the attached narrative. Staff notes the Stanek’s have been
aware of the lot combination requirement since 2014.
MnDNR Comments
The DNR reviewed the variance land use application and stated the City has standards much
stricter than statute for shoreland lot sizes, so they have no comments.
Findings of Fact
Resolution No. 22-74 details the findings of fact.
RECOMMENDATION
Staff recommended denial of the variance.
The Planning & Zoning Board reviewed the variance application on July 13, 2022 and
motioned to approve the variance with a 4-2 vote with the following conditions:
1. A Shoreland Buffer Declaration shall be recorded against both lots similar to Poehling
Addition, Stern Addition, and Lake Amelia Woods Addition.
2. The illegal accessory structure located at 6966 Lake Drive shall be removed prior to the
lot being listed for sale.
3. Any farm animals located at 6966 Lake Drive shall be removed prior to the lot being
listed for sale.
4. The number of allowed farm animals located on 6970 Lake Drive shall comply with the
requirements of the R, Rural zoning district.
a. No more than one (1) animal unit per two (2) acres.
b. 6970 Lake Drive is 3.75 acres = 1.88 animal units allowed
i. For example:
1. One (1) horse = 1 animal unit
2. One 50 pound goat = 0.05 animal units
6
ATTACHMENTS
1. Site Location & Aerial Map
2. Applicant’s Narrative
3. Resolution No. 22-74
4. Shoreline Buffer Declaration
0 200 400100
Feet
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6948
6948
6946694669656965 6974
6974
6958
6958
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6978
6978
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69706970
6976
6976
69416941
69756975
6966
6966
69406940 Lake DrLake DrSite Location & Aerial Map6966 & 6970 Lake Drive µ
3.75 acres
4.00 acres
1. Pa rcels are zon ed R, Ru ra l.
2. R, Rural parcel min imu m lot size =
10 acres.
3. Parcels are considered lega l non-
con forming.
1
CITY OF LINO LAKES
RESOLUTION NO. 22-74
RESOLUTION APPROVING A LOT COMBINATION VARIANCE FOR
6966 AND 6970 LAKE DRIVE
WHEREAS, the property owners of 6966 and 6970 Lake Drive, Robert and Carol
Stanek, submitted a Land Use Application for a variance from State and City zoning and
shoreland management requirements to combine the two (2) contiguous nonconforming
lots; and
WHEREAS, the lot sizes and legal description of the two (2) lots are as follows:
• 6966 Lake Drive, PID # 19-31-22-41-0006, 4.00 acres:
Lot 6 Auditor’s Subdivision No. 151, Anoka County
• 6970 Lake Drive, PID #19-31-22-41-0005, 3.75 acres:
Lot 5 Auditor’s Subdivision No. 151, Anoka County; and
WHEREAS, both lots are zoned R, Rural. Per City Code Section 1007.080(2)(a) and (b),
the required minimum lot size is ten (10) gross acres and the minimum lot width is 330ft.
Both lots are less than 10 acres and are approximately 200 ft wide. Both lots are
substandard, unsewered, and non-conforming because they do not meet the minimum lot
size or the lot width requirements.
WHEREAS, the following City Ordinances and State Statutes support the combination
of the two (2) lots; and
• City Code Section 1007.041(1) Non-Conforming Uses and Structures
• City Code Section 1007.042(1)(a) Lot of Record
• City Code Chapter 1102: Shoreland Management
o Section 1102.08(1)(c) Nonconformities
• Minnesota State Statute 462.357 Subd.1e.(f) and (g) Nonconformities
• Minnesota Rule 6120.3300 Subp.2(D)
WHEREAS, the property owners requested a variance from the lot combination
requirement; and
WHEREAS, the Planning & Zoning Board reviewed the variance application on July 13,
2022 and motioned to approve the variance with a 4-2 vote.
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino
Lakes hereby makes the following:
2
FINDINGS OF FACT
No variance shall be granted unless it meets all the criteria in paragraphs 1. through 7.
below. The City shall make findings regarding compliance with these criteria.
1. The variance shall be in harmony with the general purposes and intent of the
ordinance.
The following are the general purposes and intent of the City ordinances:
• City Code Section 1007.041 Non-Conforming Uses and Structures:
(1) Purpose. It is the purpose of this section to provide for the regulation of non-
conforming buildings, structures and uses and to specify those requirements,
circumstances, and conditions under which non-conforming buildings, structures and
uses will be operated and maintained. The Zoning Ordinance establishes separate
districts, each of which is an appropriate area for the location of uses which are
permitted in that district. It is necessary and consistent with the establishment of these
districts that non-conforming buildings, structures and uses not be permitted to continue
without restriction. Furthermore, it is the intent of this section that all non-conforming
uses shall be eventually brought into conformity.
• City Code Section 1007.080 R, Rural District:
(1) Purpose. This district is designed and intended to aid in guiding development
toward fulfillment of the Comprehensive Plan and to serve the following functions:
(b) To help guide development of urban and rural areas along an orderly
design to preserve continuity and efficiency of service.
• Chapter 1102: Shoreland Management Overlay:
(2) Policies. 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. The Legislature of Minnesota has
delegated responsibility to local governments of the state to regulate the
subdivision, use and development of shorelands of public waters and thus
preserve and enhance the quality of surface waters, conserve the economic and
natural environmental values of shorelands, and provide for the wise use of
waters and related land resources. The responsibility for the management of
shoreland areas is hereby recognized by the city.
The variance to waive the requirement to combine the two (2) nonconforming lots is in
harmony with the general purposes and intent of the ordinances. 6966 Lake Drive is 4.00
acres and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in
3
size and width in comparison to other riparian lots along Lake Drive in the surrounding
area.
2. The variance shall be consistent with the comprehensive plan.
Per the 2040 Comprehensive Plan, Chapter 3, Land Use:
Goal 7: Sustain Lino Lakes’ natural resources which make it a desirable place to live. A
policy is to protect and preserve the natural resources of the City.
The variance is consistent with the comprehensive plan. 6966 Lake Drive is 4.00 acres
and 6970 Lake Drive is 3.75 acres. Both lots are larger and more conforming in size and
width in comparison to other riparian lots along Lake Drive in the surrounding area.
Both lots are over 800 ft deep providing separation from the lake and development which
will help protect the natural resource. A Shoreline Buffer Declaration shall be required
that will further protect the natural resource.
3. There shall be practical difficulties in complying with the ordinance. “Practical
difficulties,” as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not permitted by the
ordinance. Economic considerations alone do not constitute practical difficulties.
Practical difficulties include, but are not limited to, inadequate access to direct sunlight
for solar energy systems.
There are practical difficulties in complying with the ordinance. The property owner
proposes to use the property in a reasonable manner by selling the lot for the potential
future development of a single family house.
4. The plight of the landowner shall be due to circumstances unique to the property not
created by the landowner.
The plight of the landowner are due to circumstances unique to the property not created
by the landowner. Both lots are larger and more conforming in size and width in
comparison to other riparian lots along Lake Drive in the surrounding area.
5. The variance shall not alter the essential character of the locality.
The variance will not alter the essential character of the locality which are a single
family homes on substandard, unsewered, nonconforming lots.
6. A variance shall not be granted for any use that is not allowed under the ordinance for
property in the zoning district where the subject site is located.
The variance will not be granted for any use that is not allowed under the ordinance for
property in the zoning district. The property is zoned R, Rural and allows for the
construction of a single family detached dwelling.
4
7. In accordance with MN Stat. 462.357, Subp. 6, variances shall be granted for earth
sheltered construction as defined in MN Stat. 216C.06, Subd. 14, when in harmony with
the zoning ordinance.
Not applicable.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves a variance from the following City ordinances and the two (2) lots are not
required to be combined:
1. City Code Section 1007.042 (1) Lot of Record:
(a) Any substandard unsewered lot of record existing at the effective date of this
Ordinance and held in separate ownership different from the ownership of
adjoining lots may be used for the erection of a structure conforming to the
use regulations of this Ordinance.
2. City Code Section 1102.08 Nonconformities:
(1) Construction on nonconforming lots of record.
(c) If, in a group of two or more contiguous lots under the same ownership,
any individual lot does not meet the requirements of §1102.07(1), the lot must not
be considered as a separate parcel of land for the purposes of sale or development.
The lot must be combined with the one or more contiguous lots so they equal one
or more parcels of land, each meeting the requirements of § 1102.07 of this
chapter as much as possible.
BE IT FURTHER RESOLVED by The City Council of the City of Lino Lakes hereby
approves the variance with the following conditions:
1. A Shoreline Buffer Declaration shall be recorded against both lots, 6966 Lake
Drive and 6970 Lake Drive.
a. The buffer shall be established from the shoreline/wetland to 20ft upland
from the Ordinary High Water Level (OHWL) 883.1 EL on both lots.
b. The OHWL shall be located on both lots by a licensed land surveyor.
2. The illegal accessory structure located at 6966 Lake Drive shall be removed prior
to the lot being listed for sale.
3. Any farm animals located at 6966 Lake Drive shall be removed prior to the lot
being listed for sale.
4. The number of allowed farm animals located on 6970 Lake Drive shall comply
with the requirements of the R, Rural zoning district.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 2022.
The motion for the adoption of the foregoing resolution was introduced by Council
5
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
1
SHORELINE BUFFER DECLARATION
THIS DECLARATION is made by Robert and Carol Stanek (“Declarant”), 6970 Lake Drive, Lino
Lakes, MN 55014, in favor of the City of Lino Lakes, a municipal corporation of the State of
Minnesota (“City”).
RECITALS
WHEREAS Declarant is the owner of real property within the City of Lino Lakes, Anoka County,
Minnesota, platted and legally described as:
Lot 5 and Lot 6, Auditor’s Subdivision No. 151 Anoka County, Minnesota
(the “Property”) and no one other than Declarant has any right, title or interest in the Property.
WHEREAS the Property constitutes the entirety of the land to which Resolution No. 22-74
applies.
WHEREAS Declarant desires to subject the Property to certain conditions and restrictions
imposed by the City as a condition of approval of Resolution No. 22-74 for the benefit of the City
and the owners of the Property.
NOW THEREFORE, Declarant makes this Declaration and hereby declares that this Declaration
constitutes covenants to run with the Property in perpetuity, and further declares that the
Property will be owned, used, occupied, and conveyed subject to the covenants, restrictions,
easements, charges and liens set forth in this Declaration, all of which bind all persons owning or
acquiring any right, title or interest in the Property, and their heirs, successors, personal
representatives, and assigns.
1. Shoreline Buffer and Upland Habitat. Vegetated shoreline buffer and upland habitat are
established on the Shoreline Buffer Map dated July 20, 2022 for the Properties attached hereto
and incorporated herein as Attachment A. The shoreline buffer and upland habitat are subject
to the following terms:
a. The shoreline buffer and upland habitat will consist of vegetated land, consisting
primarily of plant species native to this region, that is not cultivated, cropped, pastured,
mowed, fertilized, used as a site for depositing snow removed from roads, driveways or
parking lots, subject to the placement of mulch or yard waste, or otherwise disturbed,
except for periodic cutting or burning that promotes the health of the shoreline buffer or
upland habitat, actions to address disease or invasive species, or other actions to
maintain or improve shoreline buffer or upland habitat quality, each as approved in
writing by City staff. The shoreline buffer and upland habitat will be maintained in
accordance with the Maintenance Plan Checklist plan attached hereto and incorporated
herein as Attachment B. The City shall have the right to access the property and inspect
2
the shoreline buffer area to ensure conformance with this Declaration.
b. No above- or below-ground structure or impervious surface will be placed within the
shoreline buffer or upland habitat permanently or temporarily, except as follows:
i. A structure may extend over or be suspended above the shoreline buffer or
upland habitat if the impact of any supports within the shoreline buffer or upland
habitat is negligible, the design allows sufficient light to maintain the species
shaded by the structure and, for shoreline buffer, the structure does not interfere
with the protection afforded by the shoreline buffer.
ii. A public utility, or a structure associated with a public utility, may be located
within a shoreline buffer or upland habitat if the City has concurred in writing that
there is no reasonable alternative that avoids or reduces the proposed intrusion.
The utility or structure shall minimize the area of permanent vegetative
disturbance.
iii. Shoreline buffer or upland habitat may enclose a linear surface no more than
10 feet in width and, for buffer, no less than 25 feet from the delineated shoreline
edge for non-motorized travel if shoreline habitat will not be measurably
reduced. Trail edge mowing is not permitted.
c. Shoreline buffer may be disturbed to alter land contours or improve buffer function if
the following criteria are met:
i. An erosion control plan is submitted to the City under which alterations are
designed and conducted to expose the smallest area of disturbed ground for the
shortest time possible; fill or excavated material is not placed to create an
unstable slope; mulches or similar materials are used for temporary soil coverage;
and permanent native vegetation is established as soon as possible.
ii. Wooded buffer and native riparian canopy trees are left intact.
iii. When disturbance is completed, sheet flow characteristics within the buffer
are improved; average slope is no steeper than preexisting average slope or 5:1
(horizontal:vertical), whichever is less steep (preexisting slopes steeper than 5:1
containing dense native vegetation will not require regrading); the top 18 inches
of the soil profile is not compacted, has a permeability at least equal to the
permeability of the preexisting soil in an uncompacted state and has organic
matter content of between five and 15 percent; and habitat diversity and riparian
shading are maintained or improved.
iv. A re-vegetation plan is submitted to the City, specifying removal of invasive
species and establishment of native vegetation suited to the location.
3
v. For three years after the site is stabilized, the property owner will correct
erosion, maintain and replace vegetation, and remove invasive species to
establish permanent vegetation according to the vegetation management plan in
Attachment B.
vi. Disturbance is not likely to result in erosion, slope failure or a failure to
establish vegetation due to existing or proposed slope, soil type, root structure or
proposed construction methods.
d. Material will not be excavated from or placed in a shoreline buffer or upland habitat,
except for temporary placement of fill or excavated material pursuant to duly-permitted
work in the associated shoreline or upland habitat.
e. If a stormwater management facility is located within shoreline buffer or upland
habitat, the buffer may be entered for the purposes of facility maintenance.
Notwithstanding paragraph 1.d, excavated sediments will not be placed within the buffer
or habitat temporarily or permanently. Entry must minimize and repair buffer and
habitat disturbance and otherwise conform to the terms of this Declaration.
f. One (1) access opening through the shoreline buffer to the lake no greater than
twenty (20) feet wide is allowed per lot.
2. Notice. Any notice under this Declaration will be sent by certified mail, return receipt
requested, or delivered to the following address:
Robert and Carol Stanek
6970 Lake Drive
Lino Lakes, MN 55014
Declarant may change this address by a certified letter to the City referencing the resolution
number.
3. Recordation/Registration. Declarant will file an executed copy of this Declaration with the
Anoka County Recorder's Office, with the filing cost to be borne by Declarant. This Declaration
will be unlimited in duration without being re-recorded. The covenants and restrictions set forth
in this Declaration are established for the benefit of the City as a public body and the benefit of
appurtenant public resources, and are not intended as “private covenants, conditions or
restrictions” within the meaning of Minnesota Statutes § 500.20.
4. Burdened Lots. This Declaration will burden only those lots of record subject to the
shoreline buffer and upland habitat as delineated on Attachment A.
5. Recitals. The recitals set forth above expressly are incorporated herein.
4
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
forth.
_________________________________________________ Robert L. Stanek, Owner
STATE OF MINNESOTA
COUNTY OF ANOKA
The foregoing instrument was acknowledged before me this ___day of _______ , 2022, by
Robert L. Stanek, Owner under the Laws of Minnesota, on behalf of Declarant.
_________________________________________________
Notary
IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set
forth.
_________________________________________________ Carol J. Stanek, Owner
STATE OF MINNESOTA
COUNTY OF ANOKA
The foregoing instrument was acknowledged before me this ___day of _______ , 2022, by
Carol J. Stanek, Owner under the Laws of Minnesota, on behalf of Declarant.
_________________________________________________
Notary
This instrument drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
CONSENT AND SUBORDINATION
_____________________________, a Minnesota corporation, 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 the
attached Declaration and agrees that its rights in the property affected by the Declaration shall
be subordinated thereto.
IN WITNESS WHEREOF, __________________, a Minnesota corporation, has caused this
Consent and Subordination to be executed this day of ___________, 2022.
______________________________________
By:
Its:
[notary acknowledgement]
0 200 400100
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90890890
8
90890890900890890900 900880IJ23
6948
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6946694669656965 6974
6974
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6978
66998800
6956
6956
69706970
6976
6976
69416941
69756975
6966
6966
69406940 Lake DrLake DrShoreline Buffer Map6966 & 6970 Lake Drive µ
1. A shoreline buffer shall be established
from the sho re line/wetland to 20ft upland
from the OHWL 883 .1 on both lots.
2. Sh oreline Buffer Area sh all be see ded
with MNDOT Seed Mix #34-271 or
MNDNR supported equivalent.
3. One (1) access open ing through the
sho reline buffer to the lake no greater
than twenty (2 0) feet wide is allowed per
lot.
4. Other requirements o f the Shoreline
Buffer Declaration shall apply.
Approx. Shoreline Buffer Area
Date: 7 /20/2022
Maintenance Plan Checklist
All projects require some maintenance after implementation. Because every project is unique, you may
require slightly different maintenance needs then what are listed here. This check list will help you
understand some of the common maintenance activities that may be needed on your project. Project
success cannot be expected without ongoing maintenance activities.
First Year Activities:
Watering – New plantings need one inch of water per week. If there is little rain,
watering your project will be needed.
Weeding – Check for weeds at least once every two weeks. Pull or spot treat weeds with
herbicide as necessary. Pay extra attention for weed growth near project edges and paths.
Mowing – On sites where seeding was the primary planting method, the site will need
mowing to control weeds. Mow when weed growth reaches 10 inches and before weeds begin to
set seed (this is very important). Mower cutting height should be set at 4 to 5 inches.
Plant Identification – Become familiar with the native plants on your project. Also
become familiar with the weeds. Find good identification handbooks to help you.
Mulch – Mulch plants as necessary throughout the growing season to prevent soil erosion,
weed growth, and to hold in soil moisture.
Wave Breaks – If your project includes aquatics, make sure you maintain the wave
breaks and fences that keep out predators, as plants become established.
Second Year Activities:
Dead Vegetation – Cut back or rake dead vegetation if desired. This is only necessary
if the appearance of the project is a concern. Leave dead vegetation standing in the fall to buffer the
shore throughout the winter. The standing dried vegetation also provides winter interest, food,
and cover for wildlife.
Weeding – Thoroughly weed site as it begins to green-up. Check for weeds at least once
every three weeks. Pull or spot treat weeds with herbicide as necessary.
Mowing – If mowing is your primary weed control method, raise the mower cutting
height from last year and set at 6 to 12 inches. Remember to mow before weeds begin to set seed.
Water – During drought periods provide plants one inch of water per week.
Supplemental planting – Plant replacement plants in spots with low survival.
Third Year Activities & Beyond:
Dead Vegetation – Cut back or rake dead vegetation if desired in the spring. Leave
dead vegetation standing in the fall.
Weeding – Check for weeds once a month. Pull or spot treat weeds with herbicide as
necessary.
Supplemental planting – Plant replacement plants as necessary, continuous native
vegetation cover is the goal.
Expansion – Consider expanding the project into new areas of your shoreline.
Prescribed Burn – Prescribed burning is a tool for weed control, increased flowering,
seed production, germination of new native plants, and reducing undesired woody vegetation.
Prescribed burns are typically conducted on a 3 or 4-year rotation. A burning permit is required
before conducting a prescribed burn.
Monitoring – The project site should be monitored yearly. Monitoring should include
notes on successful species, weed problems, disturbances issues (animal or human), and
management needs. It is recommended you monitor one hour each month throughout the growing
season and include written notes with photos of the project’s progress.
1
CITY COUNCIL
AGENDA ITEM 6C
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: August 8, 2022
TOPIC: Otter Crossing 2nd Addition
i. Consider Resolution No. 22-76 Approving Final Plat
ii. Consider Resolution No. 22-77 Approving Development
Agreement
VOTE REQUIRED: 3/5
REVIEW DEADLINE:
Complete Application Date: June 13, 2022
60-Day Review Deadline: August 12, 2022
120-Day Review Deadline: October 11, 2022
Planning & Zoning Board Meeting: July 13, 2022
City Council Meeting: August 8, 2022
INTRODUCTION
The applicant, Tyme Properties, LLC, submitted a land use application for the final plat of
Otter Crossing 2nd Addition. The plat creates two (2) commercial lots.
Tidal Wave Auto Spa will be constructed on Lot 1, Block 1. The June 13, 2022 City Council
staff report and resolutions detail the site and building plan review and conditional use permit
for the car wash. Lot 2 is for future commercial development.
This staff report is based on the following information:
• Otter Crossing 2nd Addition Preliminary Plat & Site Plans prepared by Pioneer
Engineering dated June 9, 2022
• Otter Crossing Concept Plan-Area Exhibit prepared by Pioneer Engineering dated April
20, 2021
• Otter Crossing 2nd Addition Final Plat prepared by Pioneer Engineering received on
June 22, 2022
• Storm Water Management Plan prepared by Pioneer Engineering revision date June 22,
2021
• Cost Estimate prepared by Pioneer Engineering dated June 9, 2022
2
• Title Commitment issued by First American Title Insurance Company dated May 25,
2022
Previous Council approvals:
• June 13, 2022: Resolution No. 22-55 Approving Preliminary Plat for Otter Crossing 2nd
Addition
• June 13, 2022: Resolution No. 22-56 Approving Conditional Use Permit for Tidal
Wave Auto Spa
ANALYSIS
Zoning and Land Use
The parcels within the final plat are zoned GB, General Business.
Current Zoning GB, General Business
Current Land Use Vacant Commercial
Future Land Use per CP Commercial
Utility Staging Area 1A=2018-2025
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The final plat is consistent with preliminary plat. The preliminary plat is consistent with the
comprehensive plan for commercial development and zoning code requirements for GB,
General Business as detailed below.
Blocks and Lots
The preliminary plat and final plat contain Lots 1 and 2, Block 1 and Outlot A, Otter Crossing
2nd Addition. Outlot A is for future development, stormwater management facilities and
private street. Lots 1 and 2 meet minimum lot size (20,000 sf) and lot width (100 ft)
requirements.
Parcel Size Lot Width Purpose
Lot 1, Block 1 1.06 acres 178 ft Commercial Car Wash
Lot 2, Block 1 1.24 acres 205 ft Future development
Outlot A 23.53 acres
22.72 acres NA Future development, SW
facilities, private street
Otter Lake Road
Right-of-Way 0.81 acres NA Street Right-of-Way
3
TOTAL 25.83 acres
Since there are no underlying preliminary plat and development plans for Outlot A, it will
remain one (1) outlot until time of future development. The outlot will then be preliminary and
final platted.
Street right-of-way was dedicated along Otter Lake Road reducing the size of Outlot A from
23.53 to 22.72.
Streets and Alleys
A private street from Otter Lake Road currently exists across the north boundary of Lot 1,
Block 1, Otter Crossing 1st Addition. The private street will extend along the north boundary of
Lot 1 and 2, Otter Crossing 2nd Addition. A new or amendment to the existing Declaration of
Driveway Easement shall be recorded over the private street detailing maintenance
responsibilities are the developers. The City is not responsible for maintenance of the private
street.
Public street improvements such as a southbound right turn lane from Otter Lake Road onto
CSAH 14 (Main Street) and pedestrian crossing were completed with Otter Crossing 1st
Addition. No other public street improvements are required for the 2nd Addition.
The private street is proposed at 32ft wide back to back. This is consistent with the existing
private street along Lot 1, Otter Crossing 1st Addition.
An additional 60 ft of street right-of-way has been dedicated along Otter Lake Road to the
north lot line of Outlot A.
A Declaration of Access Control was recorded with Otter Crossing 1st Addition and remains in
place. The Declaration states the private street will have full access to Otter Lake Road, but
such full access shall be reduced to right-in, right-out access upon further extension of the Otter
Lake Road to the north.
Tyme Properties submitted a revised concept plan that accurately depicts the existing and
proposed street and lot layouts.
Easements
Standard drainage and utility easements at least 10 feet wide have been provided on Lot 1 and
Lot 2. A drainage and utility easement shall be dedicated will be provided over the cul de sac
at least 15ft from the curb on the Otter Crossing 2nd Addition final plat on the Declaration of
Driveway Easement.
A drainage and utility easement was recorded over the private street and the stormwater pond
facilities on Otter Crossing 1st Addition final plat. Previously recorded highway easements and
utility easements along CSAH 14 (Main Street) exist on site.
Public Land Dedication
4
The City will collect a cash fee of $2,520 per acre per platted lot in lieu of land dedication for
commercial development. These fees will be calculated on the commercial lot areas of Lot 1
and Lot 2.
Commercial Lot Acres =2.3
x Park Dedication Fee =$2,520
Subtotal =$5,796.00
Negative Balance from 1st Addition Trail Construction Credit =($5,434.30)
TOTAL CASH FEE DUE =$361.70
Otter Crossing 2nd Addition
The negative balance from the 1st Addition trail construction costs is carried over to the 2nd
Addition final plat.
Site and Building Plan Review
As noted above, Tidal Wave Auto Spa will be constructed on Lot 1, Block 1. The June 13,
2022 City Council staff report and resolutions detail the site and building plan review and
conditional use permit for the car wash. Development of Lot 2 will require full site and
building plan review.
Signage
A separate sign permit application shall be submitted prior to signage installation.
Agreements
Stormwater Maintenance Agreement
The stormwater facilities on the site will be privately maintained and a Stormwater
Maintenance Declaration will be required.
Development Agreement and Final Plat
A Development Agreement will be prepared by the City as it relates to the final plat and
development.
Findings of Fact
The Findings of Fact for Otter Crossing 2nd Addition Final Plat are detailed in Resolution No.
22-76.
5
RECOMMENDATION
Staff recommends approval of the final plat.
The Planning & Zoning Board reviewed the Otter Crossing 2nd Addition Final Plat on July 13,
2022 and recommended approval with a 5-0 vote.
ATTACHMENTS
1. Resolution No. 22-76
2. Final Plat
3. Resolution No. 22-77
4. Development Agreement
1
CITY OF LINO LAKES
RESOLUTION NO. 22-76
RESOLUTION APPROVING OTTER CROSSING 2ND ADDITION FINAL PLAT
WHEREAS, the City received a land use application for the Otter Crossing 2nd Addition
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:
• Otter Crossing 2nd Addition Preliminary Plat & Site Plans prepared by Pioneer
Engineering dated June 9, 2022
• Otter Crossing Concept Plan-Area Exhibit prepared by Pioneer Engineering dated
April 20, 2021
• Otter Crossing 2nd Addition Final Plat prepared by Pioneer Engineering received
on June 22, 2022
• Storm Water Management Plan prepared by Pioneer Engineering revision date
June 22, 2021
• Cost Estimate prepared by Pioneer Engineering dated June 9, 2022
• Title Commitment issued by First American Title Insurance Company dated May
25, 2022; and
WHEREAS, the City Council the approved the Preliminary Plat with Resolution No. 22-
55 on June 13, 2022; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
Development on July 13, 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 approved 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.
2
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Otter Crossing 2nd Addition Final Plat subject to the following conditions:
1. A new Declaration of Driveway Easement detailing street, sidewalk, stormwater
facilities, drainage purposes and the developer’s maintenance responsibilities of
such improvements shall be recorded.
2. The stormwater facilities (e.g. stormwater pond and pipe) will be privately owned
and maintained as detailed in the Declaration for Maintenance of Stormwater and
Declaration of Driveway Easement.
3. The municipal watermain, sanitary sewer, and trail will be publicly owned and
maintained.
4. The Declaration of Access Control regulates access along Otter Lake Road.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Otter Crossing 2nd Addition Final Plat subject to the following items being
addressed prior to release of the mylars:
1. A Development Agreement shall be approved by the City Council.
2. A draft copy of the Declaration of Driveway Easement including an exhibit and
easement legal description shall be submitted to the City for review and approval
prior to recording.
The following items shall be addressed prior to issuance of a grading permit:
1. City Engineer Letter dated July 6, 2022
2. Electronic copies of the following executed and recorded documents shall be
submitted to the City:
a. Development Agreement
b. Declaration of Driveway Easement
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CITY OF LINO LAKES
RESOLUTION NO. 22-77
RESOLUTION APPROVING OTTER CROSSING 2ND ADDITION
DEVELOPMENT AGREEMENT
WHEREAS, the City Council approved the final plat for Otter Crossing 2nd Addition with
Resolution No. 22-76 on August 8, 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 BLino, LLC and the City of Lino Lakes
for Otter Crossing 2nd Addition 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 8th day of August, 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
Otter Crossing 2nd Addition
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City
of Lino Lakes (“City”), a Minnesota municipal corporation, and BLino, LLC (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
22-55 for a plat known as Otter Crossing 2nd Addition (“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 Otter Crossing 2nd Addition 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. 22-76. 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. Otter Crossing 2nd Addition final plat containing 3 sheets, prepared by
Pioneer Engineering, received June 13, 2022.
ii. Otter Crossing 2nd Addition preliminary plat & site plans containing 18
sheets, prepared by Pioneer Engineering, revised June 9, 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, if any.
Otter Crossing 2nd Addition
Development Agreement
August 8, 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 Rice Creek
Watershed District (RCWD) have been satisfied.
ii. All site grading shall be conducted in accordance with the grading plan as
approved by the City and in accordance with NPDES and RCWD
requirements. The Developer shall perform the work in accordance with
a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota
Pollution Control Agency (MPCA) requirements.
b. Grading and Erosion Control
i. The Developer shall grade the site to within 0.2 foot of the grades shown
on the approved grading plan. No deviations will be allowed unless a
revised plan is submitted and approved 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 prior to commencement of utility
construction. The street right-of-way, storm water storage ponds, and
surface water drainage ways shall be graded prior to commencement of
utility 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.
Otter Crossing 2nd Addition
Development Agreement
August 8, 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. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base and wear course, street signs and striping shall be furnished
and installed.
d. Sidewalks, trails and street lighting shall be installed within 6 months of the
bituminous base course. Extensions may be approved by the City Engineer, due
to weather conditions, upon receipt of a written request by the Developer to the
City. In no case shall such extension extend beyond one year from the date of
installation of bituminous base course.
e. Storm sewers, when determined to be necessary by the City Engineer, including
all necessary laterals, catch basins, inlets and other appurtenances, shall be
furnished and installed.
f. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances, shall be furnished and installed.
g. Water mains, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances, shall be furnished and installed.
h. The Developer shall place iron monuments at all lot, 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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 4
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.
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. Street light installations shall be initiated by the Developer
with City Engineer approval. 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 October 31, 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. 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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 5
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. A summary of the record plan attribute data for the storm sewer, watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as provided by the City Engineer.
d. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
10. Faithful Performance of Construction Contracts and Security.
a. The Developer will fully and faithfully comply with all terms and conditions of any
and all contracts entered into by the Developer for the installation and construction
of all Developer Improvements. Concurrent with the execution hereof by the
Developer, the Developer will furnish to, and at all times thereafter maintain with
the City, a cash deposit, certified check, or Irrevocable Letter of Credit, based on
one hundred fifty (150%) percent of the total estimated cost of Developer’s
Improvements 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. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement, subject to City approval.
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 6
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
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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 7
iv. Street lighting installation (by utility company, developer to initiate)
v. Boulevard tree planting
vi. Street, storm sewer and pond maintenance
vii. Property Taxes. Should the recording of the Final Plat occur after July 1st,
any and all property taxes on any public property dedicated as a part of
this plat shall be the responsibility of the Developer.
b. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow with suitable documentation supporting the
charges.
16. Developer Fees. At the time of execution of this Agreement, the Developer shall pay
the following fees related to the development of the Subdivision (See Exhibit B for
breakdown of costs):
a. Park Dedication
The City will collect a cash fee of $2,520 per acre per platted lot in lieu of land
dedication for commercial development. These fees will be calculated on the
commercial lot areas of Lot 1 and Lot 2.
The negative balance from the 1st Addition trail construction costs is carried over
to the 2nd Addition final plat.
b. The Developer shall pay 15 months of maintenance and energy costs for street
lights installed within the Subject Property at the rate of $8/month/light. After
that the City will assume the costs.
c. GIS Mapping Fees
d. Trunk Sewer Connection Fees
Commercial Lot Acres =2.3
x Park Dedication Fee =$2,520
Subtotal =$5,796.00
Negative Balance from 1st Addition Trail Construction Credit =($5,434.30)
TOTAL CASH FEE DUE =$361.70
Otter Crossing 2nd Addition
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 8
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges
are based on a factor of 2.92 units per acre.
Sanitary Sewer $1,630.00 Per Unit
Availability Charge
Commercial/Industrial/Institutional availability charges shall be paid at the time
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
City Sewer (CSAC) $1,525.00 Per SAC Unit
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
e. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Utility Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Commercial/Industrial/Institutional (CII) trunk charges
are based on a factor of 2.92 units per acre.
Water $2,341.00 Per Unit
Availability Charge
Commercial/Industrial/Institutional availability charges shall be paid at the time
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 9
of building permit. Fees are based on the number of sanitary access charge
(SAC) units assigned by Metropolitan Council Environmental Services (MCES).
City Water (CWAC) $1,473.00 Per SAC Unit
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
f. Surface Water Management Area Charges
The City established a trunk area charge to uniformly distribute the costs of
public trunk surface water infrastructure and water quality improvements. The
Surface Water Management Charge shall be based on developable acreage, in
the amount specified in Exhibit B. The charge shall be paid at the time of
subdivision approval.
17. Assessment of Charges and Waiver of Rights.
a. In consideration of the construction of City Improvements listed in Section 7 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
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.
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 10
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
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, City sewer, water, storm sewer, and
bituminous base construction of the streets, temporary street signs, gas, electric,
telecommunication, cable and internet are installed and approved by the City.
19. Special Provisions.
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 11
a. The Declaration of Driveway Easement detailing the developer’s maintenance
responsibilities of the private street and related appurtenances shall be
amended and recorded to include the new private street, cul de sac, sidewalk,
etc.
b. The stormwater facilities (e.g. stormwater pond and pipe) will be privately
owned and maintained as detailed in the Declaration for Maintenance of
Stormwater and Declaration of Driveway Easement.
c. The municipal watermain, sanitary sewer and trail will be publicly owned and
maintained.
d. The Declaration of Access Control regulates access along Otter Lake Road.
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,
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 12
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.
Attn: Paul Schreier
BLino LLC.
3435 Labore Road Suite 150
Vadnais Heights, MN 55110
paul@tymeproperties.com
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
mgrochala@linolakes.us
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 13
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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 14
THIS PAGE INTENTIONALLY LEFT BLANK
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 15
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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 16
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
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 17
EXHIBIT A
Final Plat
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
Otter Crossing 2nd Addition
Development Agreement
August 8, 2022
page 18
EXHIBIT B
Securities, Escrows & Fees
7/19/2022
EXHIBIT B
Securities, Escrows & Fees
PROJECT: Otter Crossing 2nd Addition
APPLICANT: BLino, LLC
Plat Area (Acre)2.3
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Private)
SITE GRADING & RESTORATION $80,000
EROSION CONTROL $583
LANDSCAPING $0
PRIVATE ROAD AND PARKING LOT $112,980
STORM SEWER CONST.$54,311
SANITARY SEWER CONST.$0
WATERMAIN CONST.$0
LIGHTING $0
Total $247,874
Letter of Credit Amount X 35%$86,756
DEVELOPER IMPROVEMENT COSTS (Public)
SITE GRADING & RESTORATION $0
EROSION CONTROL $0
TRAIL $0
STREETS $0
SIGNAL IMPROVMENTS $0
STORM SEWER CONST.$0
SANITARY SEWER CONST.$28,708
WATERMAIN CONST.$64,155
ENGINEERING & SURVEYING $15,000
Total $107,863
Letter of Credit Amount X 150%$161,795
ESCROW for CITY'S COSTS
PLANNING/ REVIEW $1,500
ADMINISTRATION $10,680
ENGINEER PLAN REVIEW $2,500
ENGINEER CONSTRUCTION SERVICES $10,672
PROJECT FINAL DOCUMENTS & CITY ENGINEER $3,500
STREET LIGHT INSTALLATION $0
STREET & STORMWATER MAINTENANCE $1,500
PROPERTY TAXES $0
TRAFFIC AND SIGNING IMPROVEMENTS $0
BOULEVARD TREE PLANTING $0
Total $30,352
DEVELOPMENT FEES
PARK DEDICATION $5,796
PARK DEDICATION CREDIT ($5,434)
Subtotal Park Dedication Fee $362
AUAR $619
GIS MAPPING FEE $180
STREET LIGHTING OPERATION $0
Total $1,161
TRUNK SANITARY SEWER
TRUNK CHARGE PER (ACRE OR UNIT)$0
AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit
TRUNK SANITARY SEWER CREDIT $0
TRUNK WATERMAIN
TRUNK CHARGE PER (ACRE OR UNIT)$0
AVAILABILITY CHARGE PER SAC UNIT Collect w/ Building Permit
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 $248,551
ESCROW FOR CITY COSTS $30,352
DEVELOPMENT FEES $1,161
CASH: TRUNK FEES $0
1
CITY COUNCIL
AGENDA ITEM 6D
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: August 8, 2022
TOPIC: Watermark 5th Addition
i. Consider Resolution No. 22-78 Approving PUD Final
Plan/Final Plat
ii. Consider Resolution No. 22-79 Approving Development
Agreement and Planned Unit Development Agreement
iii. Consider Resolution No. 22-80 Approving Open Space
Easement
VOTE REQUIRED: 3/5
INTRODUCTION
Complete Application Date: June 17, 2022
60-Day Review Deadline: August 16, 2022
Planning & Zoning Board Meeting: July 13, 2022
City Council Meeting: August 8, 2022
Watermark is a 372 acre master planned residential community consisting of 692 single family
lots and 172 townhome units totaling 864 housing units. Lennar submitted a Land Use
Application for Watermark 5th Addition PUD Final Plan/Final Plat. The plat proposes 97
single family lots and 7 outlots.
Previous Council approvals include:
• June 13, 2016: Resolution No. 16-51 approving PUD Development Stage
Plan/Preliminary Plat
• October 9, 2017: Resolution No. 17-95 approving Amendment #1 to Land Use Plan
• December 11, 2017: Resolution No. 17-133 approving Amendment #2 to Architectural
Design Standards
• October 14, 2019: Resolution No. 19-131 approving Amendment #3 to Architectural
Design Standards
This staff report is based on the following information:
• Cost Estimate Summary prepared by Carlson McCain dated March 8, 2022
2
• 5th Addition Specification Book prepared by Carlson McCain dated February 11, 2022
• Watermark 5th Addition Final Plat prepared by Carlson McCain
• Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared by
Carlson McCain dated February 11, 2022
• Site Landscape Plan prepared by Carlson McCain dated March 18, 2022
• Grading, Development & Erosion Control Plan prepared by Carlson McCain dated March
19, 2021
• Watermark 5th Addition Home Plans Booklet prepared by Lennar dated May 22, 2022
• Watermark Architectural Standards Matrix
ANALYSIS
PUD Development Stage Plan/Preliminary Plat
The PUD Development Stage Plan approved by Resolution No. 16-51 establishes Watermark’s
overall land use plan, street and utility layout, parks and open space plan, architectural design
standards, landscaping and lot development standards. These standards are summarized in the
PUD Master Plan Booklet and are incorporated as part of the Master Development Agreement.
Each phase (i.e. addition) of development shall submit a PUD Final Plan consistent with the
PUD Development Stage Plan.
In October 2017, Council approved an amendment to the PUD Development Stage Plan’s
overall Land Use Plan. The Land Use Plan established 871 housing units. As the applicant has
worked through final plan design to address City and RCWD comments from the preliminary
plat, the number of 55’ wide villas was reduced from 127 units to 120 units. The net number of
housing units is now 864.
The net density is 3.39 units per acre and is consistent with the 2030 Comprehensive Plan’s
required 3.0 to 4.5 units per acre.
October
2018
Gross Area (acres) 372.24
Wetlands & Water Bodies 45.09
Public Parks & Open Space 66.25
Arterial ROW 5.46
Other (Undevelopable) 0.62
Net Area (acres) 254.82
# of Housing Units 864
Gross Density (units/acre) 2.32
Net Density (units/acre) 3.39
Grading and Trunk Utility Improvements
Lennar commenced grading and trunk utility improvements in September 2018. Phase I
grading was approximately 140 acres and Phase II grading was approximately 20 acres. Phase
3
III will grade out the balance of the site, approximately 212 acres. The 5th Addition final plat is
within the Phase III grading limits.
PUD Final Plan
Watermark 5th Addition creates 97 single family lots and 7 outlots. The PUD Final Plan is
consistent with the PUD Development Stage Plan in regards to the land use plan, street and
utilities, parks and open space, lot standards and landscaping.
The following housing types and products proposed for the 5th Addition are consistent with the
approved Land Use Plan.
Housing Type Lot Width Housing Product # Lots
Single Family 75’ Landmark 54
Single Family 55’-60’ Discovery 43
TOTAL 97
Architectural Standards
Resolution No. 17-133 and Resolution No. 19-131 detail architectural design standards for the
entire Watermark development. As required, a Watermark 5th Addition Home Plans summary
booklet and Architectural Standards Matrix were submitted. The booklet and matrix detail
compliance of the housing products with the resolutions in regards to exterior materials and
styles, house elevations and garage and porch requirements. There are over 10 different single
family house plans with multiple facade and elevation options for a combination of over 90
different housing styles proposed for the 5th Addition.
Color packages and anti-monotony plans will be included with each building permit application
to ensure that the homes elevations are varied with a minimum of five different styles and those
homes in proximity to each other not look alike in terms of the combination of color of siding,
accent and roofing materials. Coventry by Alside vinyl siding with .042” panel thickness is
proposed on all the housing units. All houses have minimum 4” window trim on the side and
rear elevations to meet resolution requirements to incorporate an architectural feature into those
elevations that are visible from 20th Avenue (CSAH 54), 21st Avenue N. and the public park.
In summary, the Watermark 5th Addition single family housing types and products meet the
architectural design standards requirements of Resolution No. 17-133 and Resolution No. 19-
131.
HOA Clubhouse
Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of the HOA
clubhouse. Per the Master Development Agreement, the developer shall construct a private
club house for the use of the residents of the Development once final plat approval for 518 lots
has been granted by the City. With the approval of the 5th addition final plat, there will be 613
approved lots; therefore, the clubhouse shall be constructed with the approval of the 5th
4
Addition.
Architectural plans for the clubhouse were submitted with the 5th Addition. The one-level
clubhouse is 5,140 sf and 20ft in height. Exterior materials consist of asphalt shingles, thin
veneer stone base and LP Smartside trim, board & batten and lap siding. Colors are dark and
light earth tone greys and browns. The floor plan includes a fitness room, yoga room, kitchen,
community room, restroom and mechanical rooms.
The site plan indicates a side yard covered patio, a rear yard patio, retaining wall, 15 parking
spaces and sidewalk connections to Watermark Park to the west. The clubhouse setbacks are
56ft front, 27ft rear, 11ft west side and 32ft east side. These are consistent and greater than the
required house setbacks of 25ft front and rear and 6.5ft sides. The parking lot front lot line
setback is 10ft.
The building orientation shown on the site plan and architectural plan do not match. The
architectural plans shall be revised to be consistent. Any exterior mechanical equipment shall
be screened.
In conjunction with the public Watermark Park located to the northwest of the HOA clubhouse,
City staff and Lennar are working together on a plan to create a shared driveway and add
additional parking on the Watermark Park site.
Landscaping
The Watermark 5th Addition Site Landscape Plan has been reviewed by staff and is consistent
with the PUD Development Stage Landscaping Plan. The Environmental Coordinator Memo
dated July 6, 2022 notes some minor comments such as seed mix types, clear vision areas and
planting details.
Subdivision Ordinance
Conformity with the Comprehensive Plan and Zoning Code
The Watermark 5th Addition final plat has been reviewed for compliance with the
comprehensive plan, zoning and subdivision ordinance. The proposed final plat meets the
performance standards of the subdivision and zoning ordinance and is consistent with the PUD
Development Stage Plan/Preliminary Plat and Final Plan.
Plat Phases
The following summarizes the number of lots platted per addition:
Addition # SF Lots
Remaining
#SF Lots # TH Lots
Remaining
#TH Lots
Total # Lots
Remaining
692 172 864
1st 100 592 93 79 671
5
2nd 57 535 0 79 614
3rd 96 439 79 0 439
4th 91 348 0 0 348
5th 97 251 0 0 251
Blocks and Lots
The final plat creates 97 single family lots and 7 outlots. The following chart summarizes the
purpose of the outlot:
Outlot Purpose
A Pond 500 and Open Space
B Future Development
C Pond 800, Wetland and Open Space
D Future Development
E Pond 1000, Wetland and Open Space
F Future Development
G Trail Corridor
All outlots will be deeded, owned, and maintained by a Homeowners Association (HOA).
Easements
Standard drainage and utility easements are being dedicated on individual lots and over Outlot
A. Outlots C and E shall also have easements dedicated on the final plat.
Street and Utilities
The 5th Addition proposes construction of the following streets which are consistent with the
PUD Development Stage Plan:
Street Name Right-of-Way Width Street Width
(Back to Back)
Koronis Circle, Norway
Lane, Mille Lacs Lane,
Forest Lane, Osakis Street
60 feet 32 feet
Watermain, sanitary sewer main, stormwater facilities, streets, sidewalks and trails are being
constructed consistent with the PUD Development Stage Plan.
Public Land Dedication and Fees
6
As approved with Resolution No. 16-51, the City will require the following combination of
land dedication and cash in lieu of land dedications:
1. Land dedication for the public and private parks will be credited from the total payment
in lieu.
2. Costs for public park improvements and trail construction will be credited from the total
payment in lieu.
3. Improvements to the private parks and recreational center will not be credited from the
total payment in lieu.
An 8.5 ft wide bituminous trail will be constructed 250 lf over Outlot G from the public park to
Norway Lane. A Permanent Trail Easement over Outlot G is required. Trail construction costs
will be credited.
Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of the HOA
clubhouse. Per the Master Development Agreement, the developer shall construct a private
club house for the use of the residents of the Development once final plat approval for 518 lots
has been granted by the City. With the approval of the 5th addition final plat, there will be 613
approved lots; therefore, the clubhouse shall be constructed with the approval of the 5th
Addition.
The following is a summary of the land dedication and fees:
Watermark 5th Addition
Total # Units = 97
x Park Dedication Fee $3,160
= Cash in Lieu Value $306,520
- Negative Balance from Watermark 4th ($39,440)
- Trail Construction Costs ($7,500)
TOTAL CASH FEE DUE = $259,580
The negative cash balance from Watermark 4th Addition was the result of parkland dedication
and trail construction cost credits exceeding the per unit cash in lieu value. The negative is
carried over and balanced with 5th Addition.
Plans and specs for Watermark Park are complete and construction is tentatively scheduled for
2023 once public street and infrastructure to the park site are installed. As noted, City staff and
Lennar are working together on a revised plan to create a shared driveway and add additional
parking on the Watermark Park site
7
Wetlands
Wetland delineations were approved by RCWD and USACE in 2015. The delineation
identified 28 wetlands totaling approximately 20 acres in size. The original approved WCA
Sequencing Application proposed wetland impacts, wetland creation, wetland restoration and
upland buffer establishment. In April 2018, the developer revised the application to purchase
3.3671 acres of wetland banking credits as the proposed compensatory mitigation action. The
wetland fill, impacts and mitigation (wetland bank credits) occurred within the Phase I grading
limits and are complete.
In December 2020, the developer submitted another Wetland Replacement Plan to RCWD for
the balance of the site. Phase 3 grading impacts 5.9784 acres of wetland which require a 1:1
mitigation. The plan was to buy wetland credits for mitigation; however, viable wetland
restoration and creation opportunities exist within Phase 3; therefore, onsite restoration and
creation will be used for mitigation. This is consistent with the Parks and Open Space Plan and
the establishment of the greenway corridor including wetlands, trails and open space.
To date, wetland mitigation and restoration has been completed on Wetland Restoration Area
RA1. Restoration to the other wetlands will occur in conjunction with grading in those
impacted areas.
Open Space Easement
Section 7.2 of the Watermark Master Development Agreement states the owner shall provide
the City with a perpetual open space easement. The easement protects the parks, open space,
wetlands etc. from any land disturbance that is not consistent with the Restoration and
Management Plan. Currently, a “blanket” easement is in place that covers all outlots in
Watermark. As each such outlot is further subdivided, the blanket easement area is re-defined
with a detailed open space easement.
An Open Space Easement shall be recorded over Outlots A, C, and E, Watermark 5th Addition.
The Watermark 5th Addition Final Landscape Plan details the location of required “Protected
Open Space Area” signs.
Development Agreement
Master Development Agreement
A Master Development Agreement was recorded in March 2019. The Agreement covers the
entire 372 acre site and details the terms and conditions of City approvals, the Development
Plans, the required public and private improvements as part of the first and subsequent phase,
the standards for the timing and financing of the improvements, required HOA documents and
the terms of payment.
Development Agreement and Planned Unit Development Agreement
8
The City will also require our standard Development Agreement specific to each phase of
development. This agreement further details required improvements and securities. The City
Engineer will draft this Agreement and it shall be approved by the City Council.
Homeowner’s Association (HOA)
The City Attorney will review the HOA documents. Any comments shall be addressed prior to
release of the mylars.
Title Commitment
The City Attorney reviewed the title commitment and final plat and has no comments.
Stormwater Maintenance Agreement
The stormwater facilities will be covered under the City’s Programmatic Stormwater
Management Agreement after they have been installed and accepted by the City.
Findings of Fact
The Findings of Fact for Watermark 5th Addition PUD Final Plan/Final Plat are detailed in
Resolution No. 22-78.
RECOMMENDATION
The Planning & Zoning Board reviewed the Watermark 5th Addition PUD Final Plan/Final Plat
on July 13, 2022 and recommended approval with a 5-0 vote.
ATTACHMENTS
1. HOA Clubhouse and Site Plan
2. Resolution No. 22-78
3. Final Plat
4. Resolution No. 22-79
5. Development Agreement and Planned Unit Development Agreement
6. Resolution No. 22-80
7. Open Space Easement
REF. REF.
DW
A201
A2
A201B3
A201
C2
A201 B1
YOGA
115
SHOWER
112
OFFICE
101
CLOSET
103
COMMUNITY ROOM
102KITCHEN
104
CORR
100B
MEN
107
WOMEN
108
MECH
105
CLOSET
106
FITNESS
111
FURNITURE
STORAGE
110
CLOSET
109
JAN
113
CLR
4' - 0"13' - 4 3/4"16' - 1 1/2"9' - 10"6' - 6"4' - 0"10' - 4"9' - 0"14' - 8"11' - 3 1/2"12' - 4 1/2"MECH
114
FOYER
100
VEST.
100A
36' - 0"16' - 8"16' - 0"16' - 8"36' - 0"14' - 4 1/2"
1 2 3 4 5 6
D
C
B
A
E
F
G
H
J
K
L
W2 W2 W2W2
W1 W1 W1 W1 W1 W1
W2 W2 W2 W2 W2 W2
W1
W1
W1
W2W2W4W4W4W4
W3 W3 W3W3W3W3
L1
W4 W4W4W4
W2W2W2W23' - 0"STORAGE
118
W1W2W2W1102B
102A
104B
100C100B103104A
105106108 107110109113112
114
115118
W1
101100E100D
1
1
1
11
1
1
1
2
3
3
4
5
6 6 6
7
7
8
8
8
8
8
8 9
10 10
11
12
13
2
A301
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2
A301
_____________________
1
A301
_____________________
1
A301
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121' - 4"
36' - 0"16' - 8"16' - 0"16' - 8"36' - 0"
7' - 7 1/2"10' - 1"13' - 3 1/2"5' - 0"16' - 8"4' - 4"7' - 4"4' - 4"16' - 8"7' - 11 1/2"10' - 1"10' - 1"7' - 10 1/2"5' - 8"5' - 8"3' - 8"7' - 6 1/2"6' - 8 1/2"3' - 7"3' - 7"6' - 8 1/2"7' - 6 1/2"2' - 8"6' - 8"54' - 4"1' - 6"100A___________________
A411
4___________________
A411
5
KEYED SHEET NOTES#
1 DOWNSPOUT AND SPLASH BLOCK
2 GAS FIREPLACE. BASIS OF DESIGN: HEAT & GLO TRUE 42
ASSEMBLY - DIRECT VENT WITH TIMER CONTROL
3 2" RECESSED SLAB, SEE STRUCTURAL
4 HIGH - LO DRINKING FOUNTAIN WITH BOTTLE FILLER BY
DESIGN/BUILD MECHANICAL
5 CABINET UNIT HEATER BY DESIGN/BUILD MECHANICAL
6 4" CONCRETE MECHANICAL PAD. COORDINATE DIMENSIOND
WITH DESIGN/BUILD MECHANICAL
7 COAT ROD AND SHELF
8 CONCRETE STOOP, SEE STRUCTURAL. COORDINATE FINAL SIZE
WITH JOINT PATTERN
9 GAS GRILL BY OWNER. PROVIDE GAS SERVICE CENTERED ON
EXTERIOR FACE OF WALL
10 VINYL FENCE WITH GATE, SEE PLAN FOR LOCAION. MATCH
DEVELOPMENT STANDARD
11 KITCHEN ISLAND BY OWNER
12 24" x 24" MOP SINK AND MOP HOLDER WITH SHELF
13 SHELVING STANDARDS BY OWNER. PROVIDE BLOCKING
A. GENERAL NOTES APPLY TO ALL DRAWING SHEETS.
B. COORDINATE THIS ARCHITECTURAL PLAN WITH PLANS BY ALL OTHER
DISCIPLINES IN THE DOCUMENTS, SUCH AS CIVIL, STRUCTURAL, MECHANICAL,
PLUMBING, ELECTRICAL, FIRE PROTECTION PLANS, AND OTHERS AS NECESSARY.
NOTE: SYMBOLS USED IN PLANS BY OTHER DISCIPLINES MAY DIFFER FROM
ARCHITECTURAL SYMBOLS.
C. REFER TO THE CODE ANALYSIS ON SHEET XX.XX (VERIFY SHEET NUMBER)FOR
REQUIRED FIRE RATINGS, TYPES AND LOCATIONS OF RATED ASSEMBLIES.
D. ALL OPENINGS CUT, PENETRATIONS MADE, OR EQUIPMENT INSTALLED IN FIRE
RATED ASSEMBLIES SUCH AS WALLS, PARTITIONS, FLOORS, CEILINGS, ETC.
SHALL BE RESTORED, SEALED, FIRESTOPPED, OR OTHERWISE CONSTRUCTED
TO MAINTAIN THE INTEGRITY AND FIRE RATING OF THE ASSEMBLY TO THE FULL
SATISFACTION OF THE ARCHITECT, ENGINEER, BUILDING OFFICIAL AND OWNER.
THE GENERAL CONTRACTOR SHALL COORDINATE AND BE RESPONSIBLE FOR
THIS WORK.
E. TYPICAL INTERIOR PARTITION IS P4 WALL TYPE UNLESS NOTED OTHERWISE.
REFER TO WALL TYPES ON SHEET A511. TYPICAL INTERIOR FURRING PARTITION
IS T4 UNLESS NOTED OTHERWISE. REFER TO WALL TYPES ON SHEET A512.
F. DIMENSIONS OF INTERIOR WALLS ARE TO FACE OF STUD, FACE OF CMU, FACE
OF CONCRETE, OR FACE OF EXISTING WALL UNLESS NOTED OTHERWISE.
G. DIMENSIONS OF EXTERIOR WALLS ARE TO EXTERIOR FACE OF SHEATHING, OR
EXTERIOR FACE OF CMU OR CONCRETE UNLESS NOTED OTHERWISE.
H. AT “ALIGN”NOTE, FINISH FACE OF WALLS TO ALIGN
I. INSTALL ACOUSTIC BATT INSULATION IN ALL RESTROOM WALLS AND WALLS
CONTAINING PLUMBING PIPES.
J. REFER TO ENLARGED PLANS, WHEN PROVIDED, FOR ADDITIONAL INFORMATION
TO SUPPLEMENT THE FLOOR PLANS.
K. SEE SHEET XX.XX (VERIFY SHEET NUMBER)FOR STANDARD AND ACCESSIBLE
MOUNTING HEIGHTS OF FIXTURES AND ACCESSORIES.
L. PROVIDE METAL AND/OR FIRE-RESISTANT WOOD BLOCKING AT ALL WALL
MOUNTED FIXTURES, FURNITURE, EQUIPMENT, ACCESSORIES, AND OTHER
SPECIALTIES.
M. OWNER SUPPLIED FURNITURE AND EQUIPMENT SHOWN AS DASHED. NOT IN
CONTRACT UNLESS NOTED OTHERWISE.
N. ALL EXPOSED PIPES, VENTS, AND CONDUIT PENETRATING WALLS, FLOORS,OR
CEILINGS SHALL HAVE FINISHED TRIM RINGS (ESCUTCHEONS).
O. FIRESTOP AROUND MECHANICAL AND ELECTRICAL EQUIPMENT, ETC. WITH UL
APPROVED FIRESTOPPING MATERIAL PER CODE AT ALL PENETRATIONS IN NEW
AND EXISTING FIRE RATED WALLS OR FLOORS.
P. ALL NEW AND EXISTING GYPSUM BOARD SURFACES WITHIN THE CONSTRUCTION
LIMITS TO RECEIVE PAINT UNLESS NOTED OTHERWISE.
Q. EXTERIOR LANDINGS, STOOPS, BALCONIES, AND PORCHES SHALL BE LEVEL
ACROSS DOORWAYS AND SHALL SLOPE AWAY FROM THE BUILDING AT 1/4" PER
FOOT.
GENERAL SHEET NOTES
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
N O T F O R C O N S T R U C T I O NPRELIMINARY
COPYRIGHT 2022 BY LHB, INC. ALL RIGHTS RESERVED.
701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
NO DATE ISSUED FOR
NO DATE REVISION
1 2 3 4
CLIENT:
A
B
C
D
BIM 360://220073 Lino Lakes Amenity Center/220073 Lino Lakes Amenities A20.rvt5/24/2022 10:32:26 AMA101
Author
Checker
220073
LEVEL 1 FLOOR PLAN
0 5 /2 4 /2 0 2 2
WATERMARK AMENITY
CENTER IN LINO LAKES
2077 WATERMARK WAY
LINO LAKES, MN 55038
LENNAR CORPORATION
16305 36TH AVENUE NORTH,
SUITE 600
PLYMOUTH, MN 55446
1/8" = 1'-0"A1 FLOOR PLAN
Level 1
100' -0"
T.O. FOOTING
96' -0"
TRUSS BRNG
110' -1 1/8"
123456
W2 W4 W3 W3 W3W4 L1 W3 W3 W3 W4 W4
NOTES APPLYC2
A201
MECH MECH MECH
VINYL TRASH AND MECHANICAL
SCREENING (SHOWN DASHED)
11 1/4" X 1" LP SMARTSIDE
TRIM BOARD
11 1/4" X 1" LP SMARTSIDE
TRIM BOARD
1
A301
_____________________
1
A301
_____________________
Level 1
100' -0"
T.O. FOOTING
96' -0"
TRUSS BRNG
110' -1 1/8"
D C B AEFGHJKL
NOTES APPLYB1
A201
W1 W1 W1 W1 W1
CONCRETE BENCH
GAS FIREPLACE VENT
VAULTED CEILING BEYOND
6 X 12 ALUMINUM VENT AT
EACH SIDE OF DORMER
7 1/4" X 1" LP SMARTSIDE TRIM BOARD
9 1/4" X 1" LP SMARTSIDE TRIM BOARD
PREFINISHED METAL FLASHING
2
A301
_____________________
2
A301
_____________________
LP SMARTSIDE LAP SIDING BEYOND
Level 1
100' -0"
T.O. FOOTING
96' -0"
TRUSS BRNG
110' -1 1/8"
DCBA E F G H J K L
W2 W2
W1
ARCHITECTURAL ASPHALT
SHINGLES
6 X 12 ALUMINUM VENT AT
EACH SIDE OF DORMER
THIN STONE VENEER
GUTTER AND DOWNSPOUTS
SEE A601 FOR TYPICAL EXTERIOR
WINDOW TRIM
3 1/2" X 1" LP SMARTSIDE
OUTSIDE CORNER, TYP.
LP SMARTSIDE SHAKES
VINYL TRASH AND
MECHANICAL SCREENING
(SHOWN DASHED)
LP SMARTSIDE TRIM
LP SMARTSIDE BOARD
AND BATTEN SIDING
MECH
LP SMARTSIDE LAP SIDING ( 7" EXPOSURE)
CAST STONE SILL
7 1/4" X 1" LP SMARTSIDE
TRIM BOARD
PREFINISHED METAL FLASHING
2
A301
_____________________
2
A301
_____________________
Level 1
100' -0"
T.O. FOOTING
96' -0"
TRUSS BRNG
110' -1 1/8"
1 2 3 4 5 6
ARCHITECTURAL ASPHALT
SHINGLES
GAS FIREPLACE VENT
LP SMARTSIDE SHAKES
W5 W5 W5
W2 W2W2W1W1W1W2W2W1W1
W5 W5 W5
W4 W1
FASCIA BOARD
LP SMARTSIDE BOARD AND
BATTEN SIDING
LP SMARTSIDE LAP SIDING
( 7" EXPOSURE)
THIN STONE VENEER
RIDGE VENT, TYP. SEE ROOF
PLAN
VINYL WINDOW, TYP.
ARCHITECTURAL ASPHALT
SHINGLES
RIDGE VENT, TYP. SEE ROOF
PLAN
LP SMARTSIDE TRIM BOARD
3 1/2" x 1" LP SMARTSIDE OUTSIDE CORNER
SEE A601 FOR TYPICAL EXTERIOR
WINDOW TRIM
LP SMARTSIDE BOARD AND
BATTEN SIDING
LP SMARTSIDE LAP SIDING
( 7" EXPOSURE)
SKIRT BOARD
THIN STONE VENEER
CAST STONE SILL7 1/4" X 1" LP SMARTSIDE
TRIM , TYP.
9 1/4" X 1" SMARTSIDE
TRIM
GUTTER AND DOWNSPOUT
FASCIA BOARD
7 1/4" x 1" LP SMARTSIDE TRIM, TYP.
1
A301
_____________________
1
A301
_____________________
VAULTED CEILING
BEYOND
DRAWN BY:
CHECKED BY:
PROJ. NO:
DRAWING NO:
DRAWING TITLE:
PROJECT NAME:
N O T F O R C O N S T R U C T I O NPRELIMINARY
COPYRIGHT 2022 BY LHB, INC. ALL RIGHTS RESERVED.
701 Washington Ave. N, Ste 200 | Minneapolis, MN 55401 | 612.338.2029
THIS SQUARE APPEARS 1/2"x1/2"
ON FULL SIZE SHEETS
NO DATE ISSUED FOR
NO DATE REVISION
1 2 3 4
CLIENT:
A
B
C
D
BIM 360://220073 Lino Lakes Amenity Center/220073 Lino Lakes Amenities A20.rvt5/24/2022 10:32:26 AMA201
Author
Checker
220073
EXTERIOR
ELEVATIONS
0 5 /2 4 /2 0 2 2
WATERMARK AMENITY
CENTER IN LINO LAKES
2077 WATERMARK WAY
LINO LAKES, MN 55038
LENNAR CORPORATION
16305 36TH AVENUE NORTH,
SUITE 600
PLYMOUTH, MN 55446
1/8" = 1'-0"A2 NORTH ELEVATION
1/8" = 1'-0"B3 EAST ELEVATION
1/8" = 1'-0"B1 WEST ELEVATION
1/8" = 1'-0"C2 SOUTH ELEVATION
C3Know what'sbelow.before you dig.CallRLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446ofWATERMARK AMENITY CENTERLino Lakes, MNoff:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\clubhouse - 4th addition\6731c_site.dwgSave Date:06/17/226Revisions:1.Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota06/16/22RJR06/17/22Brian J. Krystofiak, P.E.25063RJR#6731SITE & UTILITY PLAN
1
CITY OF LINO LAKES
RESOLUTION NO. 22-78
RESOLUTION APPROVING WATERMARK 5th ADDITION
PUD FINAL PLAN/FINAL PLAT
WHEREAS, the City received a land use application for Watermark 5th Addition PUD
Final Plan/Final Plat approval hereafter referred to as Development; and
WHEREAS, City staff completed review of the proposed Development based on the
following plans and information:
• Cost Estimate Summary prepared by Carlson McCain dated March 8, 2022
• 5th Addition Specification Book prepared by Carlson McCain dated February 11,
2022
• Watermark 5th Addition Final Plat prepared by Carlson McCain
• Sanitary Sewer, Water Main, Storm Sewer and Street Construction Plans prepared
by Carlson McCain dated February 11, 2022
• Site Landscape Plan prepared by Carlson McCain dated March 18, 2022
• Grading, Development & Erosion Control Plan prepared by Carlson McCain
dated March 19, 2021
• Watermark 5th Addition Home Plans Booklet prepared by Lennar dated May 22,
2022
• Watermark Architectural Standards Matrix; and
WHEREAS, the City Council the approved the PUD Development Stage
Plan/Preliminary Plat with Resolution No. 16-51 on June 13, 2016; and
WHEREAS, the Planning & Zoning Board reviewed and recommended approval of the
Development on July 13, 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 reviewed the status of title/property ownership related to the
final plat and notes the title commitment shall be updated.
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.
2
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 Watermark 5th Addition PUD Final Plan/Final Plat subject to the following
conditions:
1. Outlots A, C, and E, Watermark 5th Addition are preserved as permanent Open
Space and shall be improved by the Developer in accordance with the approved
plans and upon completion and acceptance by the city of such improvements, they
shall be owned and maintained by a Homeowner’s Association in accordance
with an approved Restoration and Management Plan.
2. The Watermark HOA clubhouse and related site improvements shall be
completed and operating prior to Council approval of Watermark 6th Addition
PUD Final Plan/Final Plat.
3. Outstanding punch list items from Watermark 1st, 2nd, and 3rd Addition shall be
finalized prior to Council approval of Watermark 6th Addition PUD Final
Plan/Final Plat.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following
items being addressed prior to release of final plat mylars:
1. The 5th Addition Development Agreement shall be approved by the City Council,
executed and recorded against the property.
2. Any staff comments requiring revisions to the final plat shall be addressed.
3. A draft copy of the Permanent Trail Easement over Outlot G shall be submitted to
the City for review and approval.
4. The City Attorney shall review the Homeowner’s Association (HOA) documents
prior to release of the final plat mylars.
5. Final Plat:
a. Drainage and utility easements shall be dedicated over Outlot C and
Outlot E.
b. The final plat shall reference U.S. Home, LLC.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following
items being addressed prior to issuance of any single family home building permits
within the 5th Addition:
1. All comments from the City Engineer Letter dated July 6, 2022 shall be
addressed.
2. All comments from Environmental Coordinator Memo dated July 6, 2022 shall be
addressed.
3. Copies of the following executed and recorded documents shall be submitted to
the City:
3
a. Development Agreement
b. Homeowner’s Association
c. Open Space Easement
d. Permanent Trail Easement
e. Deeds for Outlots A, C and E to HOA.
BE IT FURTHER RESOLVED by the City Council of the City of Lino Lakes hereby
approves Watermark 5th Addition PUD Final Plan/Final Plat subject to the following
items being addressed prior to issuance of the HOA Clubhouse building permit:
1. All comments from the City Engineer Letter dated July 6, 2022 shall be
addressed.
2. All comments from Environmental Coordinator Memo dated July 6, 2022 shall be
addressed.
3. The architectural plans shall be revised to be consistent with the site plan.
4. Any exterior mechanical equipment shall be screened.
5. The site plan and shared parking lot between the HOA Clubhouse and Watermark
Park shall be finalized between the Developer and the City.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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
WATERMARK 5TH ADDITIONSEE DETAILDETAILof 5 sheetsof 5 sheetsof 5 sheetssee sheet 3see sheet 4see sheet 5INSET DINSET CINSET BMILLE LACSNORWAYLANELANELOTUS LANEKORONIS CIR.LANEOSAKISSTREETINSET Aof 5 sheetssee sheet 2NORWAYWETLANDWETLANDWETLANDWETLAND
WATERMARKinset aNORWAYLANEOSAKISSTREET5TH ADDITION
WATERMARK 5TH ADDITIONinset bNORWAYFORESTLANELANE
WATERMARK 5TH ADDITIONinset cLANENORWAYMILLECIRCLEKORONISLANE
NORWAYLANELACS
WATERMARK 5TH ADDITIONinset dCIRCLEKOR
O
NI
S
CITY OF LINO LAKES
RESOLUTION NO. 22-78
RESOLUTION APPROVING WATERMARK 5th ADDITION
DEVELOPMENT AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
WHEREAS, on August 8, 2022 the City Council passed Resolution No. 22-78 approving
Watermark 5th Addition PUD Final Plan/Final Plat; 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 and Planned Unit Development Agreement
between US Home Corporation and the City of Lino Lakes for Watermark 5th Addition 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 8th day of August, 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
and
PLANNED UNIT DEVELOPMENT AGREEMENT
Watermark 5th Addition
THIS AGREEMENT is made this _____ day of ____________, 2022, by and between the City
of Lino Lakes (“City”), a Minnesota municipal corporation, and U.S. Home, LLC, a Delaware limited
liability company (“Developer”).
1. Subdivision. Developer received preliminary plat approval from the City by Resolution No.
16-51 for a plat known as Watermark (“Subdivision”). Unless otherwise stated, all terms
and conditions of this Agreement relate to work within the Watermark 5th Addition of the
Subdivision.
2. Final Plat Approval. The City’s approval of the final plat of Watermark 5th Addition 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. 22-78. The Final Plat including 97 lots 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 Watermark 5th Addition shall be developed in accordance with the following
Developer Plans, original copies of which are on file with the City Engineer. The
Developer Plans may be prepared and revised after entering into this Agreement
but must be approved by the City before commencement of any work. If the
plans vary from the written terms of this Agreement, this Agreement shall
control.
b. The Developer Plans as of the date of this Agreement are:
i. Watermark 5th Addition Final Plat, containing 5 sheets, prepared by
Carlson McCain, received May 23, 2022.
Watermark 5th Addition
Development Agreement
August 8, 2022
page 2
ii. Watermark 5th Addition Sanitary Sewer, Water Main, Storm Sewer and
Street Construction plan set containing 22 sheets, dated February 11,
2022, prepared by Carlson McCain.
iii. Watermark Grading, Development & Erosion Control Plan, containing 24
sheets, prepared by Carlson McCain, revision date February 11, 2022.
iv. Watermark 5th Addition Landscape Plans, containing 4 sheets, prepared
Carlson McCain, dated March 18, 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.
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 (Revised January 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 Rice Creek
Watershed District (RCWD) have been satisfied.
ii. All site grading shall be conducted in accordance with the grading plan as
approved by the City and in accordance with NPDES and RCWD
requirements. The Developer shall perform the work in accordance with
a Storm Water Pollution Prevention Plan (SWPPP) pursuant to Minnesota
Pollution Control Agency (MPCA) requirements.
b. Grading and Erosion Control
i. The Developer shall grade the site to within 0.2 foot of the grades shown
on the approved grading plan. No deviations will be allowed unless a
Watermark 5th Addition
Development Agreement
August 8, 2022
page 3
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 prior to commencement of utility
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.
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. Final street grading, subbase, gravel base, concrete curb and gutter, and
bituminous base and wear course, street signs and striping shall be furnished
and installed.
d. Sidewalks, trails and street lighting shall be installed within 6 months of the
bituminous base course. Extensions may be approved by the City Engineer, due
to weather conditions, upon receipt of a written request in writing by the
Developer to the City. In no case shall such extension extend beyond one year
from the date of installation of bituminous base course.
e. Storm sewers, when determined to be necessary by the City Engineer, including
all necessary laterals, catch basins, inlets and other appurtenances, shall be
furnished and installed.
Watermark 5th Addition
Development Agreement
August 8, 2022
page 4
f. Sanitary sewer mains, laterals or extensions, including all necessary building
services and other appurtenances, shall be furnished and installed.
g. Water mains, laterals or extensions, including all necessary building services,
hydrants, valves and other appurtenances, shall be furnished and installed.
h. The Developer shall place iron monuments at all lot, 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. Boulevard Tree Planting shall be the responsibility of the Developer.
Developer shall confirm tree selection with City prior to ordering. City retains
the right to make changes to species prior to ordering.
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.
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. Street light installations shall be initiated by the Developer
with City Engineer approval. 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
Watermark 5th Addition
Development Agreement
August 8, 2022
page 5
conditioned upon updating the security posted by the Developer to reflect cost
increases and the extended completion date.
8. Record Drawings.
a. Upon project completion, Developer shall submit record drawings, in electronic
format, of all public and private infrastructure improvements, including grading,
sanitary sewer, watermain, storm sewer facilities, and roads, constructed by
Developer. The files shall be drawn in Anoka County NAD 83 Coordinate system
and provided in both AutoCAD .dwg and Adobe .pdf file formats. The plans shall
include accurate locations, dimensions, elevations, grades, slopes and all other
pertinent information concerning the complete work.
b. The Developer shall submit certified compaction testing results for the site
grading operations that certify that grading work meets pertinent compaction
requirements for the project.
c. A summary of the record plan attribute data for the storm sewer, watermain,
and sanitary sewer structures and pipes shall be submitted in the form of an
Excel Spreadsheet as provided by the City Engineer.
d. No securities will be fully released until all record drawings have been submitted
and accepted by the City Engineer.
9. 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
Watermark 5th Addition
Development Agreement
August 8, 2022
page 6
expiration dates on an annual basis, unless at least sixty (60) days prior to the
expiration date, the Community Development Director and City Engineer, are
notified by certified mail or overnight courier, that the Letter of Credit will not be
extended.
c. Alternatively, the Developer may enter into a Public Improvement Surety
Agreement, subject to City approval.
d. Reduction of Security. The Developer may request reduction of the Letter of Credit
or cash deposit based on prepayment or the value of the completed improvements
at the time of the requested reduction.
10. 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 Exhibit B.
11. Dedication. The Developer shall dedicate to the City, at no cost to the City, any
permanent or temporary easements that may be necessary for the construction and
installation of the Developer Improvements. All such easements required by the City
shall be in writing, in recordable form, containing such terms and conditions as the City
shall determine.
12. 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.
13. 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.
14. 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
Watermark 5th Addition
Development Agreement
August 8, 2022
page 7
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 (by utility company, developer to initiate)
v. Street, storm sewer and pond maintenance
vi. Property Taxes. Should the recording of the Final Plat occur after July 1st,
any and all property taxes on any public property dedicated as a part of
this plat shall be the responsibility of the Developer.
b. If the above escrow amounts are insufficient, the Developer shall make such
additional deposits as required by the City. The City shall have a right to
reimburse itself from the Escrow with suitable documentation supporting the
charges.
15. 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
As approved with Resolution No. 16-51, the City will require the following
combination of land dedication and cash in lieu of land dedications:
1. Land dedication for the public and private parks will be credited from
the total payment in lieu.
2. Costs for public park improvements and trail construction will be
credited from the total payment in lieu.
3. Improvements to the private parks and recreational center will not be
credited from the total payment in lieu.
An 8.5 ft wide bituminous trail will be constructed 250 lf over Outlot G from the
public park to Norway Lane. A Permanent Trail Easement over Outlot G is
required. Trail construction costs will be credited.
Lot 1, Block 3, Watermark 4th Addition was platted for the future construction of
the HOA clubhouse. Per the Master Development Agreement, the developer
shall construct a private club house for the use of the residents of the
Watermark 5th Addition
Development Agreement
August 8, 2022
page 8
Development once final plat approval for 518 lots has been granted by the City.
With the approval of the 5th addition final plat, there will be 613 approved lots;
therefore, the clubhouse shall be constructed with the approval of the 5th
Addition.
The following is a summary of the land dedication and fees:
Watermark 5th Addition
Total # Units = 97
x Park Dedication Fee $3,160
= Cash in Lieu Value $306,520
- Negative Balance from Watermark 4th ($39,440)
- Trail Construction Costs ($7,500)
TOTAL CASH FEE DUE = $259,580
The negative cash balance from Watermark 4th Addition was the result of
parkland dedication and trail construction cost credits exceeding the per unit
cash in lieu value. The negative is carried over and balanced with 5th Addition.
b. The Developer shall pay 15 months of maintenance and energy costs for street
lights installed within the Subject Property at the rate of $8/month/light. After
that the City will assume the costs.
c. GIS Mapping Fees
d. Trunk Sewer Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk sanitary sewer infrastructure. The Trunk Utility Connection
Fee consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Residential trunk charges are based on one unit per
Watermark 5th Addition
Development Agreement
August 8, 2022
page 9
dwelling unit.
Sanitary Sewer $1,630.00 Per Unit
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval or at the time of hook-up, whichever is first. Residential
uses shall be assigned one unit per dwelling unit unless otherwise noted by
Metropolitan Council Environmental Services (MCES).
City Sewer (CSAC) $1,525.00 Per SAC Unit
Trunk sewer unit charges addressed under this paragraph are in addition to any
SAC charges imposed by Metropolitan Council Environmental Services. An
estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
e. Trunk Water Connection Fees
The City established trunk utility connection fees to uniformly distribute the
costs of public trunk water infrastructure. The Trunk Utility Connection Fee
consists of two components; a Trunk Charge and an Availability Charge.
Trunk Charge
The trunk charge shall be paid at the time of subdivision approval or at the time of
hook-up, whichever is first. Residential trunk charges are based on one unit per
dwelling unit.
Water $2,341.00 Per Unit
Availability Charge
For residential properties, the availability charge shall be paid at the time of
subdivision approval or at the time of hook-up, whichever is first. Residential
uses shall be assigned one unit per dwelling unit unless otherwise noted by
Metropolitan Council Environmental Services.
City Water (CWAC) $1,473.00 Per SAC Unit
Watermark 5th Addition
Development Agreement
August 8, 2022
page 10
An estimate of the total charge and the trunk utility credit for developer installed
trunk oversizing is specified in Exhibit B.
f. Surface Water Management Area Charges
g. The City established a trunk area charge to uniformly distribute the costs of
public trunk surface water infrastructure and water quality improvements. The
Surface Water Management Area Charges were assessed in 2021 in accordance
with the Watermark Master Development Agreement.
16. Assessment of Charges and Waiver of Rights.
a. In consideration of the construction of City Improvements listed in Section 7 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
escrow or letter of credit shall remain in place throughout the term of the special
assessments. The letter of credit may not be terminated without the City’s
written consent.
c. Developer, its heirs, successors or assigns, agrees that within 30 days after the
date of sale of a lot, the Developer, its heirs, successors or assigns, at its own
cost and expense, shall pay the entire unpaid charges assessed or to be assessed
under this Agreement against such property.
d. If a certificate of occupancy is issued before the special assessments have been
levied, the Developer, its heirs, successors or assigns shall pay the City the sum
of cash equal to 120% of the Engineer's estimate of the special assessments for
such Charges that would be levied against the property. Upon such payment the
City shall issue a certificate showing the assessments are paid in full.
Notwithstanding the issuance of said certificate, the Developer shall be liable to
Watermark 5th Addition
Development Agreement
August 8, 2022
page 11
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
court costs and reasonable engineering and attorneys' fees, if the City prevails in
any enforcement action.
17. Building Permits. No building permits shall be issued until:
a. Site grading, certified compaction testing, City sewer, water, storm sewer, and
bituminous base construction of the streets, temporary street signs, gas, electric,
telecommunication, cable and internet are installed and approved by the City,
except as provided below
i. Model Homes: Structures may be installed as model homes consistent
with City ordinance upon approval of the final plat. A record drawing of
the site grading for the model home lots shall be submitted prior to
issuance of building permits for the model homes.
ii. If any building permits for model homes are issued prior to the
completion and acceptance of public improvements, the Developer
Watermark 5th Addition
Development Agreement
August 8, 2022
page 12
assumes all liability and costs resulting in delays in completion of public
improvements and damage to public improvements caused by the City,
the Developer, its contractors, subcontractors, material men, employees,
agents or third parties. Any such costs shall be reimbursed from
Developer’s escrow.
18. Special Provisions.
a. Outlots A, C, and E, Watermark 5th Addition are preserved as permanent Open
Space and shall be improved by the Developer in accordance with the approved
plans and upon completion and acceptance by the city of such improvements,
they shall be owned and maintained by a Homeowner’s Association in
accordance with an approved Restoration and Management Plan.
b. The Watermark HOA clubhouse and related site improvements shall be
completed and operating prior to Council approval of Watermark 6th Addition
PUD Final Plan/Final Plat.
c. At the discretion of the City outstanding punch list items from Watermark 1st and
2nd Addition shall be finalized prior to Council approval of Watermark 6th
Addition PUD Final Plan/Final Plat. This clause shall exclude punch list items
identified during the warranty period.
d. Homeowners’ Association Covenants and Restrictions
The Developer shall establish a Homeowners’ Association (the “HOA”) in
accordance with the Master Development Agreement. The Homeowners’
Association Covenants and Restrictions shall, among other matters, provide for
the collection of annual dues for the HOA’s maintenance obligation for the
[fence and noise wall, collectively, the “Buffer”] within each phase of the
Development, together with reasonable reserves. The Covenants and
Restrictions shall provide that the City has the right to perform maintenance of
the Buffer if the HOA fails to do so in compliance with applicable rules and
regulations, and allow for the City to assess a lien or a Minn. Stat. Ch. 429 special
assessment against the homesites for work which was to be paid for by the HOA
dues. Homeowners’ Association Covenants and Restrictions applicable to each
phase will be submitted at the time of final plat approval of each phase, and the
City shall have the right to review and to approve those portions of the
Covenants and Restrictions for each phase within the Development that are
required by the terms of this Agreement. Any amendments to the Homeowner’s
Association Covenants impairing the rights of the City shall be approved by the
City Attorney. The Developer and Owner hereby waive, on their own behalves
and on behalf of future owners, any procedural or substantive challenge to
Watermark 5th Addition
Development Agreement
August 8, 2022
page 13
assessments under this section. All Covenants for the Project shall include
language consistent with this section.
19. 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
20. 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.
21. 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,
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.
22. General.
a. Binding Effect
Watermark 5th Addition
Development Agreement
August 8, 2022
page 14
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.
U.S. Home, LLC
16305 36th Avenue N, Suite 600
Plymouth, MN 55446
Joe.Jablonski@Lennar.com
Community Development Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
mgrochala@linolakes.us
23. Land Use Controls - Planned Unit Development.
Watermark is a Planned Unit Development (PUD) as approved by the City Council by
Ordinance No. 04-16, Resolution No. 16-151, Resolution No. 19-137, Resolution No. 20-
30, Resolution No. 21-20, and Resolution No. 22-78.
24. Master Development Agreement. Watermark is governed by the terms of this
Agreement, as well as the terms of the Master Development Agreement between the
Watermark 5th Addition
Development Agreement
August 8, 2022
page 15
Developer and City. The two Agreements shall be construed together, and the
requirements and obligations of the Agreements are cumulative. In the event of a direct
conflict between the two Agreements, the Agreement imposing the greater obligation
on Developer shall govern.
Watermark 5th Addition
Development Agreement
August 8, 2022
page 16
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
Watermark 5th Addition
Development Agreement
August 8, 2022
page 17
THIS PAGE INTENTIONALLY LEFT BLANK
Watermark 5th Addition
Development Agreement
August 8, 2022
page 18
Execution page of the Developer to the Development Agreement, dated as of the date and year
first written above.
DEVELOPER
By ______________________
Jon Aune
Its ____Vice President__________________
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2022, before me, a Notary Public within and
for said County, personally appeared Jon Aune, Vice President of U.S. Home, LLC. (Developer),
who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, Minnesota 55014
Watermark 5th Addition
Development Agreement
August 8, 2022
page 19
CONSENT AND SUBORDINATION – NOT APPLICABLE
_____________________________, 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
Watermark 5th Addition
Development Agreement
August 8, 2022
page 20
EXHIBIT A
Final Plat
WATERMARK 5TH ADDITIONSEE DETAILDETAILof 5 sheetsof 5 sheetsof 5 sheetssee sheet 3see sheet 4see sheet 5INSET DINSET CINSET BMILLE LACSNORWAYLANELANELOTUS LANEKORONIS CIR.LANEOSAKISSTREETINSET Aof 5 sheetssee sheet 2NORWAYWETLANDWETLANDWETLANDWETLAND
WATERMARKinset aNORWAYLANEOSAKISSTREET5TH ADDITION
WATERMARK 5TH ADDITIONinset bNORWAYFORESTLANELANE
WATERMARK 5TH ADDITIONinset cLANENORWAYMILLECIRCLEKORONISLANE
NORWAYLANELACS
WATERMARK 5TH ADDITIONinset dCIRCLEKOR
O
NI
S
Watermark 5th Addition
Development Agreement
August 8, 2022
page 21
EXHIBIT B
Securities, Escrows & Fees
8/3/2022
EXHIBIT B
Securities, Escrows & Fees
PROJECT: WATERMARK 5TH ADDITION NUMBER OF REU's:97
APPLICANT: US HOME CORPORATION NO. OF LOT FRONTAGES 103
AREA (ACRES):27.8
IMPROVEMENTS COST
DEVELOPER IMPROVEMENT COSTS (Private)
SITE GRADING $11,975
EROSION CONTROL $1,500
LANDSCAPING $73,980
PARKING LOT $97,565
STORM SEWER CONST.$21,550
SANITARY SEWER CONST.$4,000
WATERMAIN CONST.$17,000
LIGHTING $1,500
Total $229,070
Letter of Credit Amount X 35%$80,175
DEVELOPER IMPROVEMENT COSTS (Public)
SITE GRADING $0
EROSION CONTROL $19,000
LANDSCAPING $130,000
TRAIL $7,500
STREETS $1,454,255
STORM SEWER CONST.$534,955
SANITARY SEWER CONST.$725,000
WATERMAIN CONST.$578,600
ENGINEERING & SURVEYING $34,493
Total $3,483,803
Letter of Credit Amount X 150%$5,225,705
ESCROW for CITY'S COSTS
PLANNING/ REVIEW $0
ADMINISTRATION $104,520
ENGINEER PLAN REVIEW $3,000
ENGINEER CONSTRUCTION SERVICES $92,822
PROJECT FINAL DOCUMENTS & CITY ENGINEER $5,500
STREET LIGHT INSTALLATION $24,000
STREET & STORMWATER MAINTENANCE $3,000
PROPERTY TAXES $0
TRAFFIC AND SIGNING IMPROVEMENTS $0
BOULEVARD TREE PLANTING $0
Total $232,842
DEVELOPMENT FEES
PARK DEDICATION $306,520
PARK DEDICATION CREDIT ($46,940)
Subtotal Park Dedication Fee $259,580
AUAR $7,484
GIS MAPPING FEE $8,730
STREET LIGHTING OPERATION $1,040
Total $276,834
TRUNK SANITARY SEWER
TRUNK CHARGE PER (ACRE OR UNIT)$158,110
AVAILABILITY CHARGE PER SAC UNIT $147,925
TRUNK SANITARY SEWER CREDIT ($110,040)
TRUNK WATERMAIN
TRUNK CHARGE PER (ACRE OR UNIT)$227,077
AVAILABILITY CHARGE PER SAC UNIT $142,881
TRUNK WATERMAIN CREDIT ($49,490)
TOTAL TRUNK SEWER & WATER FEES $516,463
SURFACE WATER MANAGEMENT $0
SURFACE WATER MANAGEMENT CREDIT $0
TOTAL SURFACE WATER MANAGEMENT FEES $0
Total $516,463
Letter of Credit Amount X 35% $180,762
SUMMARY OF SECURITIES, ESCROW & FEES
SECURITY: DEVELOPER IMP'MENT COSTS $5,305,880
ESCROW FOR CITY COSTS $232,842
DEVELOPMENT FEES $276,834
SECURITY: TRUNK FEES $180,762
CITY OF LINO LAKES
RESOLUTION NO. 22-80
RESOLUTION APPROVING WATERMARK 5TH ADDITION
OPEN SPACE EASEMENT
WHEREAS, on December 10, 2018 the City Council passed Resolution No. 18-144 approving
the Watermark Master Development Agreement; and
WHEREAS, Section 7.2 of the Master Development Agreement requires an Open Space
Easement; and
WHEREAS, this Open Space Easement covers the following outlots:
• Outlots A, C, and E, Watermark 5th Addition; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Open Space Easement between US Home Corporation and the City of Lino
Lakes 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 8th day of August, 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
OPEN SPACE EASEMENT AGREEMENT
THIS OPEN SPACE EASEMENT AGREEMENT (“Agreement”) is made this day of
, 2022, by and between U.S. Home Corporation, a Delaware corporation (“Grantor”) and
the City of Lino Lakes, a municipal corporation under the laws of Minnesota (“Grantee”).
Recitals
A.Grantor is the fee owner of the following described property in Anoka County, Minnesota
(the "Property") as shown on attached Exhibit A:
Outlots A, C, and E, WATERMARK 5 th ADDITION, according to the recorded
plats thereof.
B.Pursuant to Section 7.2 of that certain Master Development Agreement (the “Development
Contract”) by and between Grantor and Grantee, dated on or about the date hereof, Grantor is
required to grant to Grantee an open space easement over portions of the Property.
C.Grantor desires to fulfill its obligations under the Development Contract with respect to the
obligations set forth in Section 7.2 thereof, and therefore, for good and valuable consideration,
Grantee and Grantor hereby agree on the terms and conditions set forth herein.
Terms of Agreement
1. Grant of Open Space Easement. For good and valuable consideration, receipt of which is
acknowledged by Grantor, the Grantor grants and conveys to the Grantee an open space easement
(the “Easement”) over the Property owned by Grantor described as follows (“Easement Area”):
A permanent easement for open space, access and management in accordance with the
Parks and Open Space Plan set forth in Exhibit D of the Development Contract, and the
Restoration and Management Plan set forth in Exhibit F of the Development Contract.
2. Scope of Easement; Confinement; Exceptions.
2.1 The easement includes the right of the Grantee, its contractors, agents, and
employees to enter upon said Easement Area at all reasonable times for all purposes as set forth in
the Development Contract, including but not limited to the right of Grantee to utilize the Easement
Area in a manner consistent with Exhibit D of the Development Contract.
2.
2.2 Notwithstanding anything to the contrary in this Agreement, the Easement granted
herein (i) shall not encumber any portion of the Property that is intended to and ultimately does
contain improvements, such as roads, trails, parks, sidewalks or other improvements, as authorized
or contemplated by the Development Contract or any Development Agreement for separate phases
of the Property, and (ii) shall not prohibit Grantor from grading or performing construction or
development work or staging activities on portions of the Property authorized for such work
pursuant to the Development Contract or any Development Agreement for separate phases of the
Property.
3. Environmental Matters. Grantee undertakes no responsibility hereunder for any costs,
expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or
losses resulting from any claims, actions, suits or proceedings based upon a release of any
hazardous substances, pollutants, or contaminants on or under the Easement Area occurring prior
to the date of this instrument.
4. Binding Effect. The terms and conditions of this instrument shall run with the land and
be binding on the Grantor, and their respective successors and assigns.
(The remainder of this page left blank intentionally.)
3
SIGNATURES
GRANTOR
U.S. HOME CORPORATION
By:
Jon Aune
Vice President
STATE OF MINNESOTA )
) SS
COUNTY OF )
On this day of , 2022, before me, a Notary Public within and
for said County, personally appeared Jon Aune, the Vice President of U.S. Home Corporation, a
Delaware corporation, who executed the foregoing instrument on behalf of the corporation.
Notary Public
4
GRANTEE
CITY OF LINO LAKES
By:
Mayor Rob Rafferty
Attest:
Julie Bartell, 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
THIS INSTRUMENT DRAFTED BY:
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
EXHIBIT A
OPEN SPACE EASEMENT
OUTLOTS A, C AND E
EXHIBIT A
,-----DETAIL -----7 (NOTTO SCALE)
VVATERMARK 5TH ADDITION CITY OF LINO LAKES
COUNTY OF ANOKA
SEC. 13, TWP. 31, RGE. 22
Forth•purp<>MSoflhl1plat.lh•Northl.,•ol OuUol D,WATERMARK2NO AD DITIOHlla....-...d �In��= tl�J�'�th � dqffS J7
• Denotes Found Anoka CaJntyCost lr<wl Nanumenl
OenotesRighlofAcceNp«DowmentNo.�52
t .,,.) t.i'l,.,.,._1, 1ot.ro.:. J.5•w -� �"',;,
NorlhO,.,arter comer olSectian __ , 1J, Townot,lp J1, Ran�22 ', (C<ist Iron Monument) \ I
OUTWT F
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is r: cs � CJ I<(
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I I I I I I I I I I I I
KNOW ALL PCRSON S BY THES[ PRES£NTS: Thot U.S. Home Corporation, a Dela..,.-e corpa,atlan, a,m., of the fCNlowlng described property. Outlo\ D, WATERMARK 2ND ADDITION. and OUtlot E, WATERMARK 4TH ADDIT10N, according to the recorded plots ther,x,f. Anol«l County. UlnnHola Hos cw•ed the same ta be ourw,)"d and platted a• WATERMARK !ITH ADDIT10N and doe• h...-eby dedlcote to the public for public uae the public -..a)'I and the draina9e and utnity easements a• •hown an thl• plot. In ..-ltnns whereof said U.S. Home Corporation, a Delaware corporation, has caused these present• to be signed by lt1 proper offker this __ 0o, o•------�-
COUNTYOF __ _ �t:,\��:,t ::.Saiftf°�!dJ:!�\�. me on _______ by Jan Aune, Dlvlslon Vice President of U.S. Home Corporation, a Delaware
_________ (Printed) NotoryPublio, ______ _ Uy commission e,plreo ____ _
I Thomas R, Balluff do hereby e.,rtify that this plat-«<>• pr-ed by me or under my direct oupervisian; !hot I om a duly Licen..,0 L.ond Surv,:,)'OI' in the Stole of Minn,..ola: thot thio plat is a corr"°t repr.....,.,lation of the boundary surv,:,y; \hot all mathematical data and lcbelo ore correctly design<Jted an th;, plot; the! all monuments depicted on thi• plat hove been, or ..-ill be correctly set •ithin one )"'Or; that ell W<iter bamdcrieo and wet lands. as defined in Minneoota Statutes. Section 50�.01. Subd, J. as of the date of this certi�cate are sho•n and labeled on this plat; end all public wa)'I ore shown ond lobeled an this plot Dated this _doyof ____ "-
STATEOF __ _ COUNTYOF __ _ This insln.iment woo acknowledged b.fore m• on _______ by Thomoo R. Balluf/.
_________ (Signed)
_________ (Printed) Nota,yPublio. ______ _ Mycommlnlon expires ____ _
This plat of WATERMARK STH ADOITlON wos approved ond accepted by \he Clty Council of the City of Lino Loktt. Mlnneooto at o regular meetlng thereof held •• __ doy of ______ 20� and said plot is In compliance io-i\h the provision• of Mlnnei,oto Stotuttt. Section 505 .0.3, Subd. 2
l herebycer\lfythat ln occordance wlth MlnnesataStatutes.See\ion 50S.021,Subd.11.thls plo\hos been re,;ewed and approved th!s __ doyof ------"-
"•---------David M. Zleglmeler Anoka CountySurv,:,)'OI'
COUNTYAU'.lfTOR/TREASURCR Pur.uant to Mlnneso\aStotuteo,St<:tlon 505 .021,Subd.9.ta,n po)'Obfe ln the)9ar 20_on \he land herelnbefore deacrlbed have been pold Also, �o�\ to l,llnneooto Sta\uteo, Section 272.12 , \here ore no delinquent ta•n and \ranofer entered this __ day of _____ _
Property To, Adminlstrctor
_________ Deputy
COUNTY RECORDER/REGISTRAR OF TITLES Countyof Anol<a.Sta\e of Mlnnno\a I h...-ebycertlfy that this plot of WATERUARK SiH ADDIT10N '""" flied In the offfce of the CountyRecorder/Re<;lstra-of Titles for public record an this __ dayaf ______ 20� at _o'clock�"'-and was dufyrec«-deo as Document Number _____ _
CountyRecarder/Registror of T1\leo
_________ Deputy QCARLSON �M�CAIN
ENOlNEEIUNG \ SURVEYING \ENVIRONMENTAL.
SHEET 1 OF 5 SHEETS
CITY COUNCIL
AGENDA ITEM 6E
STAFF ORIGINATOR: Diane Hankee, PE City Engineer
C. C. MEETING DATE: August 8, 2022
TOPIC: Consider Resolution 22-71, Order Project, Approve the Plans
and Specifications and Authorize the Ad for Bid, 2022 I35E
Pipe Crossing Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council approval to authorize the ad for bid for the 2022 I35E Pipe Crossing
Project.
BACKGROUND
On December 13, 2021, the City Council approved the preparation of the plans and specifications
for the 2022 I35E Pipe Crossing Project. Since then staff have obtained an easement on the east
of the I35E to bulkhead the pipe and a temporary access. Permitting for the project is also in
place.
The 2022 I35E Pipe Crossing Project is the second phase of the NE Drainage Improvements as
outlined in the Comprehensive Stormwater Management Plan. The first phase was the
construction of the Peltier Lake outlet. This second phase of the project includes constructing a
stormwater conveyance system under I35E to the east side of the freeway, north of Main Street.
The pipe system will tie into the Watermark Development systems.
The estimated total project cost is $750,000.00. The project is funded through the City’s Surface
Water Management Fund.
The estimated schedule for the project:
Authorize Preparation of Plans and Specifications December 13, 2021
Order Improvement, Approve Plans and Specs, Authorize Ad for Bids August 8, 2022
City Opens Bids September 1, 2022
City Council Awards Contract September 12, 2022
Construction Begins Fall 2022/ Spring 2023
Final Completion Fall 2023
RECOMMENDATION
Staff is recommending approval of Resolution No. 22-71, Order Project, Approve the Plans and
Specifications and Authorize the Ad for Bid for the 2022 I35E Pipe Crossing Project.
ATTACHMENTS
1. Resolution No. 22-71
2. Construction Plans
CITY OF LINO LAKES
RESOLUTION NO. 22-71
RESOLUTION ORDER PROJECT, APPROVE PLANS AND SPECIFICATIONS, AND
AUTHORIZE ADVERTISEMENT FOR BIDS FOR 2022 I35E PIPE CROSSING
PROJECT
WHEREAS, the City Engineer has prepared plans and specifications for the 2022 I35E Pipe
Crossing Project plans and specifications have been presented to the City Council for approval;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lino Lakes:
1. Such plans and specifications, a copy of which is attached hereto and made a part hereof,
are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in Finance
and Commerce an advertisement for bids for the making of such improvement under such
approved plans and specifications. The advertisement shall be published for two weeks,
shall specify the work to be done, shall state that bids will be received by the Clerk, at
which time they will be publicly opened at the City Hall by the City Clerk and Engineer,
will then be tabulated, and will be considered by the Council at 6:30 p.m. on September
12th, 2022, in the Council chambers of the City Hall. Any bidder whose responsibility is
questioned during consideration of the bid will be given an opportunity to address the
Council on the issue of responsibility. No bids will be considered unless sealed and filed
with the Clerk and accompanied by a cash deposit, cashier’s check, bid bond or certified
check payable to the Clerk for five (5) percent of the amount of such bid.
Adopted by the Council of the City of Lino Lakes this 8th day of August 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
ELMCREST AVE N 77TH ST EPELTIE
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NORTHERN LIGHTS BLVDVICTOR PATH MAIN STHWY I-35EPELTIER LAKECENTERVILLE LAKESCALE IN FEET08001600K:\019485-000\Cad\Plan\019485-000 C-TS.dwg 8/3/2022 10:15:45 AM
N2022 I35E PIPE CROSSING PROJECTCITY OF LINO LAKESSTORM SEWER IMPROVEMENTSCONSTRUCTION PLAN FORPROJECT LOCATION MAPF/OUGTGEXISTING PLAN SYMBOLSPROPERTY LINES/RIGHT-OF-WAYUTILITY EASEMENTTREE LINESIGNDECIDUOUS TREESHRUBCONIFEROUS TREEEXISTING UTILITY SYMBOLSFIBER OPTIC CABLEUNDERGROUND TELEPHONEGAS LINECATV VAULTPOWER POLEELECTRIC BOXCATCH BASINSTORM APRONCNDCTVOHUNDERGROUND CABLECABLE TVOVERHEAD COMMUNICATIONS LINEUGEOHEUNDERGROUND POWEROVERHEAD POWERUGEUNDERGROUND ELECTRICOHTOVERHEAD TELEPHONEWATER MAINSANITARY SEWERSTORM SEWERGATE VALVEHYDRANTSANITARY SEWER MANHOLESTORM SEWER MANHOLESTsCOUNTY:ANOKAPROJECT LOCATIONTHE SUBSURFACE UTILITY INFORMATION IN THIS PLAN IS UTILITY QUALITY LEVEL D. THIS UTILITY QUALITY LEVEL WAS DETERMINED ACCORDING TO THEGUIDELINES OF CI/ASCE 38-02, ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA."GOPHER ONE CALL TICKET NUMBER: 220660249APPROVED BYSHEET NO.DATEPLAN REVISIONSALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND ORDINANCESWILL BE COMPLIED WITH IN THE CONSTRUCTION OF THIS PROJECT.LICENSE NUMBER:DATE:12/13/202144235SHEETOFWSB PROJ. NO. 019485-000PROJECT LOCATIONTHIS PLAN SET HAS BEEN PREPARED FOR:CITY OF LINO LAKES6000 TOWN CENTER PARKWAYLINO LAKES, MN 55014(651) 982-2400A CALL TO GOPHER STATE ONE (651-454-0002)IS REQUIRED A MINIMUM OF 48 HOURS PRIORTO PERFORMING ANY EXCAVATION.EXCAVATION NOTICE SYSTEMPLAN SET INDEXGOVERNING SPECIFICATIONSUTILITY INFORMATIONTHE 2020 EDITION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION"STANDARD SPECIFICATIONS FOR CONSTRUCTION" SHALL GOVERN.THIS WORK SHALL BE DONE IN ACCORDANCE WITH THE JANUARY 2022 REVEDITION OF THE CITY OF LINO LAKES "GENERAL SPECIFICATIONS ANDDETAIL PLATES FOR STREET AND UTILITY CONSTRUCTION".ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITIONOF THE MINNESOTA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,INCLUDING THE LATEST FIELD MANUAL FOR TEMPORARY TRAFFICCONTROL ZONE LAYOUTS.51THIS PLAN SET CONTAINS 5 SHEETSI HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME OR UNDERMY DIRECT SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.EARTH EVANS, PE
CITY COUNCIL
AGENDA ITEM 6F
STAFF ORIGINATOR: Diane Hankee, City Engineer
MEETING DATE: August 8, 2022
TOPIC: Consider Resolution No. 22-75, Approving Payment No. 9 and
Final, NE Drainage Area Improvement Project
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting council action to finalize the NE Drainage Area Improvement Project
construction contract with Jacon LLC.
BACKGROUND
On November 9, 2020, the City awarded the NE Drainage Area Improvement Project to Jacon
LLC in the amount of $1,010,009.00. The project included a new storm water conveyance
system from the east side of 20th Avenue to the Peltier Lake. The project provides a surface
water outlet for the entire 1,300 acre Northeast Drainage Area in conformance with the
Comprehensive Surface Water Management Plan.
On September 27, 2021, the City approved Change Order No. 1 in the amount of $17,332.62
for the NE Drainage Area Improvement Project. Change Order No. 1 covered additional
earthwork, subgrade excavation, street restoration, and traffic control. The Northeast Drainage
Area Improvement Project contract with Jacon, LLC with Change Order No. 1 increased to
$1,027,341.62.
The project was successfully completed with the final contract amount of $1,027,341.65 of
which $25,683.54 remains to be paid to the contractor. This project is funded through the
Surface Water Management Fund.
RECOMMENDATION
Approve Resolution No. 22-75, Approving Payment No. 9 and Final, NE Drainage Area
Improvement Project in the amount of $25,683.54 to Jacon LLC.
ATTACHMENTS
1. Resolution 22-75
2. Pay Request No. 9 & Final
CITY OF LINO LAKES
RESOLUTION NO. 22-75
APPROVING PAYMENT NO. 9 AND FINAL FOR THE NE DRAINAGE AREA
IMPROVEMENT PROJECT
WHEREAS, pursuant to resolution 20-133 of the Council adopted November 9, 2020, awarding
the contract for the NE Drainage Area Improvement Project to Jacon LLC in the amount of
$1,010,009.00;
WHEREAS, on September 27, 2021 the City Council passed resolution 21-91, approving
Change Order No. 1 in the amount of $17,332.62;
WHEREAS, a complete summary of costs are detailed in Payment No. 9 (Final);
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lino Lakes that Payment
Request No. 9 (Final) is approved for a final contract amount of $1,027,341.65.
Adopted by the Council of the City of Lino Lakes this 8th day of August, 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