HomeMy WebLinkAbout01-09-2023 City Council PacketEXPANDED AGENDA
CITY COUNCIL AGENDA
Monday, January 9, 2023
***********
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. Sunset/Main Street Roundabout, Michael Grochala
2. Appointments to Lino Lakes Advisory Boards, Sarah Cotton
3. Review Regular Agenda
CITY COUNCIL MEETING, 6:30 P.M.
Call to Order and Roll Call - Lyden, Stoesz, Ruhland, Cavegn, Rafferty were present
Pledge of Allegiance
Open Mike/Public Comment (in person or received in writing prior to meeting)
There were no comments.
Setting the Agenda: Addition or Deletion of Agenda Items
The agenda was approved as presented.
1. CONSENT AGENDA
A) Consider Approval of Expenditures for January 9, 2023 (Check No. 117733
through 117906) in the Amount of $1,652,327.04
B) Consider Approval of December 12, 2022 Work Session Minutes
C) Consider Approval of December 12, 2022 Council Meeting Minutes
D) Consider Resolution No. 23-01, Approving an Edible Cannabinoid License for
Lino Lakes Tobacco 1, 717 Apollo Drive
E) Consider Resolution No. 23-05, Approving an Individual Massage License for
Alicea White, Allure Salon & Spa
F) Consider Resolution No. 23-06, Approving an Edible Cannabinoid License for
AK Smoke Zone Inc, 7107 Otter Lake Rd
G) Consider Resolution No. 23-07, Authorizing the Issuance of a Special Event
Permit for the Centerville Lions Ice Fishing Contest
H) Consider Approval of the Hiring of Part-Time Staff for The Rookery
Council Agenda -2- January 9, 2023
Action Taken: Motion by Ruhland, seconded by Lyden, to approve
Consent Agenda Items 1A through 1H, as presented, was adopted
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) 2023 Annual Appointments, Sarah Cotton
Action Taken: Motion by Lyden, seconded by Ruhland, to approve the
appointments as recommended, was adopted
B) Consider Resolution No. 23-08, Approving the 2023-2024 Labor Agreement with
LELS, Local No. 299, Sarah Cotton
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 23-08 as presented, was adopted
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Acceptance of Coss Family Foundation Donation, John Swenson
Action Taken: Motion by Lyden, seconded by Stoesz, to accept the donation
as recommended, was adopted
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Amending Chapter 1011 of the Lino Lakes Code of Ordinances, Michael Grochala
i) Consider 2nd Reading Ordinance No. 10-22, Amending Chapter 1011,
Stormwater, Erosion and Sediment Control Requirements
Action Taken: Motion by Stoesz, seconded by Cavegn, to approve the 2nd
Reading and Adoption of Ordinance No. 10-22 as presented, was adopted:
Yeas 5; Nays none
ii) Consider Resolution No. 23-04, Authorizing Summary Publication of
Ordinance No. 10-22
Action Taken: Motion by Cavegn, seconded by Lyden, to approve
Resolution No. 23-04 as presented, was adopted
B) Watermark HOA Clubhouse & Public Parking Lot, Katie Larsen
i) Consider Resolution No. 23-02, Approving Agreement Repayment for
Constructing City Improvements
Action Taken: Motion by Lyden, seconded by Cavegn, to approve
Resolution No. 23-02 as presented, was adopted
ii) Consider Resolution No. 23-03, Approving Agreement for Reciprocal
Driveway Easement
Council Agenda -3- January 9, 2023
Action Taken: Motion by Cavegn, seconded by Ruhland, to approve
Resolution No. 23-03 as presented, was adopted
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Motion by Ruhland, seconded by Cavegn, to adjourn at 6:45 p.m., was adopted
Community Calendar – A Look Ahead
January 9, 2023 through January 23, 2023
Wednesday, January 11 6:30 pm, Council Chambers Planning & Zoning Board
Monday, January 16 CITY HALL CLOSED Martin Luther King Holiday
Monday, January 23 6:00 pm, Community Room Council Work Session
Monday, January 23 6:30 pm, Council Chambers City Council Meeting
CITY COUNCIL AGENDA
Monday, January 9, 2023
***********
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. Sunset/Main Street Roundabout, Michael Grochala
2. Appointments to Lino Lakes Advisory Boards, Sarah Cotton
3. 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
1. CONSENT AGENDA
A) Consider Approval of Expenditures for January 9, 2023 (Check No. 117733
through 117906) in the Amount of $1,652,327.04
B) Consider Approval of December 12, 2022 Work Session Minutes
C) Consider Approval of December 12, 2022 Council Meeting Minutes
D) Consider Resolution No. 23-01, Approving an Edible Cannabinoid License for
Lino Lakes Tobacco 1, 717 Apollo Drive
E) Consider Resolution No. 23-05, Approving an Individual Massage License for
Alicea White, Allure Salon & Spa
F) Consider Resolution No. 23-06, Approving an Edible Cannabinoid License for AK
Smoke Zone Inc, 7107 Otter Lake Rd
G) Consider Resolution No. 23-07, Authorizing the Issuance of a Special Event
Permit for the Centerville Lions Ice Fishing Contest
H) Consider Approval of the Hiring of Part-Time Staff for The Rookery
Council Agenda -2- January 9, 2023
2. FINANCE DEPARTMENT REPORT
No report
3. ADMINISTRATION DEPARTMENT REPORT
A) 2023 Annual Appointments, Sarah Cotton
B) Consider Resolution No. 23-08, Approving the 2023-2024 Labor Agreement with
LELS, Local No. 299, Sarah Cotton
4. PUBLIC SAFETY DEPARTMENT REPORT
A) Consider Acceptance of Coss Family Foundation Donation, John Swenson
5. PUBLIC SERVICES DEPARTMENT REPORT
No report
6. COMMUNITY DEVELOPMENT REPORT
A) Amending Chapter 1011 of the Lino Lakes Code of Ordinances, Michael Grochala
i) Consider 2nd Reading Ordinance No. 10-22, Amending Chapter 1011,
Stormwater, Erosion and Sediment Control Requirements
*Council may vote to dispense with full reading of ordinance
* Roll call vote is required for adoption of the ordinance
ii) Consider Resolution No. 23-04, Authorizing Summary Publication of
Ordinance No. 10-22
B) Watermark HOA Clubhouse & Public Parking Lot, Katie Larsen
i) Consider Resolution No. 23-02, Approving Agreement Repayment for
Constructing City Improvements
ii) Consider Resolution No. 23-03, Approving Agreement for Reciprocal
Driveway Easement
7. UNFINISHED BUSINESS
None
8. NEW BUSINESS
None
Adjournment
Community Calendar – A Look Ahead
January 9, 2023 through January 23, 2023
Wednesday, January 11 6:30 pm, Council Chambers Planning & Zoning Board
Monday, January 16 CITY HALL CLOSED Martin Luther King Holiday
Monday, January 23 6:00 pm, Community Room Council Work Session
Monday, January 23 6:30 pm, Council Chambers City Council Meeting
WS – Item 1
WORK SESSION STAFF REPORT
Work Session Item No. 1
Date: January 09, 2023
To: City Council
From: Michael Grochala, Community Development Director
Re: Main Street (CSAH 14)/Sunset Avenue (CR 53) Intersection
Improvements
Background
Anoka County is proposing to reconstruct the intersection of Main Street and Sunset
Avenue in 2024. The project is being proposed to address growing traffic volumes and
safety concerns at the intersection. The proposed improvement includes construction of a
roundabout.
The preliminary project schedule is as follows:
Complete Preliminary Design June 2023
Complete Final Design & ROW Ac. January 2024
Advertise Ad for Bids February 2024
Award Contract March 2024
Begin Construction April 2024
Substantial Completion November 2024
Federal Highway Safety Improvement Program (HSIP) funding is pending for the
project. The City will have a share of local match costs, which will be funded through
our Municipal State Aid account.
A public “virtual” open house is planned from January 10 – 24th. An in-person open
house is scheduled for January 25th at Sunrise Elementary School in Blaine.
Requested Council Direction
Discussion only.
Attachments
1. Roundabout Layout dated December 23, 2022
SIGN
SIGN
SIGN
SIGN
SIGN
SIGN
SIGN
SIGN
SIGNSIGN
SIGN
SIGN
MB
SIGNSIGN
(MAIN STREET)
CSAH 14
(SUNSET AVENUE)CR 53Date:
CSAH 14 & CR 54 ROUNDABOUT LAYOUT
12/23/2022
LEGEND
OVALIZED ROUNDABOUT SHIFTED TO AVOID POLES
ANOKA
COUNTY
0 100
SCALE IN FEET
EXISTING R/W
PROPOSED GEOMETRICS
FUTURE R/W
EASEMENT
DATE:12/23/2022
SUBJECT TO CHANGE
PRELIMINARY
PROPOSED MEDIAN / CURB
PROPOSED BIT. PAVEMENT
PROPOSED CONC. PAVEMENT
PROPOSED CONC. WALK
PROPOSED BIT. TRAIL
WS – Item 2
WORK SESSION STAFF REPORT
Work Session Item No. 2
Date: January 9, 2023
To: City Council
From: Sarah Cotton, City Administrator
Re: Appointments to Lino Lakes Advisory Boards
Background
Openings for the City’s advisory boards and committees were advertised and applications
have been received for terms expiring December 31, 2022. Attached is an outline of the
applicants for each of the boards or committees.
- Environmental Board – 3 seats, 3 applicants
- Park Board – 3 seats, 3 applicants
- Planning & Zoning Board – 3 seats, 7 applicants
- EDAC – 3 seats, 4 applicants
Appointment terms are 3 years with the exception of one Planning and Zoning Board seat
that had a resignation; therefore, that seat is a one-year term.
Requested Council Direction
The Council will discuss whether to interview incumbents and/or new applicants, and
establish a date to conduct interviews, if so desired.
Attachments
Advisory Board Applicant List
2023-2025 Advisory Board and
Committee Applicants
Environmental Board - 3 Seats, 3 Applicants
1. Alexander Schwartz (Incumbent)
2. Shawn Holmes (Incumbent)
3. Julia Nelson (New)
Park Board – 3 Seats, 3 Applicants
1. William Kusterman (Incumbent)
2. Kellie Schmidt (New)
3. Kathy Ballering (New)
Planning & Zoning - 3 Seats*, 7 Applicants
*One seat is a 1-year term
1. Perry Laden (Incumbent)
2. Patrick Kohler (New)
3. Sara Jo R. Stewart (New)
4. Ken Kennedy (New)
5. Delight DeMulling (New)
6. Tom Cheesebrow (New)
7. Logan Nugent (New)
EDAC – 3 Seats, 4 Applicants
1. Patrick Kohler (Incumbent)
2. Chad Wagner (Incumbent)
3. Nathan Vojtech (Incumbent)
4. Logan Nugent (New)
+
Expenditures
January 9, 2023
Check #117733 to #117906
$1,652,327.04
Electronic Funds Transfer
MN Statute 471.38 Subd. 3
Council Meeting January 9, 2023 Transfer In/(Out)
12/9/2022 Payroll #25 (187,681.88)
12/9/2022 Payroll #25 Federal Deposit (52,854.22)
12/9/2022 Payroll #25 PERA (55,133.43)
12/9/2022 Payroll #25 State (11,975.83)
12/9/2022 Payroll #25 Child Support (856.06)
12/9/2022 Payroll #25 H.S.A. Bank Pretax (2,255.47)
12/9/2022 Payroll #25 TASC Pretax (1,475.17)
12/9/2022 Payroll #25 ICMA 457 Def. Comp #301596 (2,770.00)
12/9/2022 Payroll #25 ICMA Roth IRA #706155 (755.75)
12/9/2022 Payroll #25 MSRS HCSP #98946-01 (2,173.42)
12/9/2022 Payroll #25 MSRS Def. Comp #98945-01 (3,757.00)
12/9/2022 Payroll #25 MSRS Roth IRA #98945-01 (834.00)
12/13/2022 Transfer from FRB Money Market 1,000,000.00
12/13/2022 Wire to MCM (1,000,000.00)
12/16/2022 Building Permits Surcharge (2,016.61)
12/16/2022 Sales & Use Tax (8,139.00)
12/21/2022 Transfer from FRB Money Market 1,300,000.00
12/23/2022 Payroll #25 (203,352.90)
12/23/2022 Payroll #25 Federal Deposit (57,558.80)
12/23/2022 Payroll #25 PERA (60,252.67)
12/23/2022 Payroll #25 State (13,273.82)
12/23/2022 Payroll #25 Child Support (856.06)
12/23/2022 Payroll #25 H.S.A. Bank Pretax (2,155.79)
12/23/2022 Payroll #25 TASC Pretax (1,476.62)
12/23/2022 Payroll #25 ICMA 457 Def. Comp #301596 (2,770.00)
12/23/2022 Payroll #25 ICMA Roth IRA #706155 (755.75)
12/23/2022 Payroll #25 MSRS HCSP #98946-01 (2,287.65)
12/23/2022 Payroll #25 MSRS Def. Comp #98945-01 (3,612.00)
12/23/2022 Payroll #25 MSRS Roth IRA #98945-01 (834.00)
1/6/2023 Council #01 Payroll (3,820.41)
1/6/2023 Council #01 Federal Deposit (212.74)
1/6/2023 Council #01 PERA (423.16)
1/6/2023 Council #01 State (48.14)
CITY COUNCIL WORK SESSION
DRAFT
1
CITY OF LINO LAKES 1
MINUTES 2
3
DATE : December 12, 2022 4
TIME STARTED : 6:00 p.m. 5
TIME ENDED : 6:25 p.m. 6
MEMBERS PRESENT : Councilmember Stoesz, Lyden, Ruhland, 7
Cavegn, Mayor Rafferty 8
MEMBERS ABSENT : 9
Staff members present: City Administrator Sarah Cotton; Finance Director Hannah 10
Lynch; Community Development Director Michael Grochala; City Engineer Diane 11
Hankee; Kelsey Gelhar of WSB & Associates; Human Resources and Communications 12
Manager Meg Sawyer; Environmental Coordinator Andrew Nelson; Director of Public 13
Safety John Swenson; Public Services Director Rick DeGardner; City Clerk Julie Bartell 14
1. Review Regular Council Agenda of December 12, 2022 15
16
Consent Agenda – 17
18
Item 1D – Election Polling Place Designation – Mayor Rafferty asked if there should be 19
any concern about continuing to use Fire Station No. 2 after a busy day and possible 20
parking issues for the General Election in 2022. City Clerk Bartell explained that the 21
2023 election will be a municipal only so turn out isn’t anticipated to be especially high; 22
the facility should work fine for 2023. 23
24
Item 3C – Administrator Cotton explained that the City Clerk is retiring and her duties 25
will be handled by current staff. Ms. Lynch will be authorized to sign documents as City 26
Clerk as necessary. 27
28
Item 3E – Administrator Cotton explained that a tentative contract is before the council; 29
the council has been updated on the terms. 30
31
Item 5A – Public Services Director DeGardner reviewed the written report. Mayo r 32
Rafferty asked if residents were involved in the planning process and Mr. DeGardner said 33
there was an extensive process. Councilmember Stoesz said he reached out to Watermark 34
residents and he’s afraid that there is some confusion on the deadline for comments and 35
the council may want to postpone this into January to ensure full community input; it’s an 36
expensive project and waiting, even if it merits no changes, sends the message that the 37
City wants input. Public Service Director DeGardner expressed that there has been a lot 38
of public input and changes could result in the need for a new master plan. Director 39
DeGardner explained the process to date and the response that has occurred to hear the 40
public. Mayor Rafferty said he sees this going forward with an action at the council 41
meeting. 42
43
The meeting was adjourned at 6:25 p.m. 44
CITY COUNCIL WORK SESSION
DRAFT
2
45
These minutes were considered, corrected and approved at the regular Council meeting held on 46
January 9, 2023. 47
48
49
50
Rob Rafferty, Mayor
51
52 Hannah Lynch, City Clerk
53
COUNCIL MINUTES
DRAFT
1
1
LINO LAKES CITY COUNCIL 2
REGULAR MEETING 3
MINUTES 4
5
DATE : December 12, 2022 6
TIME STARTED : 6:30 p.m. 7
TIME ENDED : 7:30 p.m. 8
MEMBERS PRESENT : Councilmember Stoesz, Lyden, 9
Ruhland, Cavegn and Mayor Rafferty 10
MEMBERS ABSENT : 11
Staff members present: City Administrator Sarah Cotton; Finance Director Hannah Lynch; Human 12
Resources and Communications Manager Meg Sawyer; Public Services Director Rick DeGardner; 13
Community Development Director Michael Grochala; Environmental Coordinator Andrew Nelson; 14
City Engineer Diane Hankee; Director of Public Safety John Swenson; Kelsey Gelhar of WSB & 15
Associates; City Clerk Julie Bartell 16
17
PUBLIC COMMENT 18
There were no public comments. 19
SETTING THE AGENDA 20
The agenda was approved as presented. 21
SPECIAL PRESENTATION 22
Special Recognition – Retiring Anoka County Attorney Tony Palumbo 23
CONSENT AGENDA 24
Councilmember Ruhland moved to approve the Consent Agenda, Items 1A through 1G as 25
presented. Councilmember Lyden seconded the motion. Motion carried on a voice vote. 26
27
ITEM ACTION 28
Consideration of Expenditures: 29
A)Consider Approval of Expenditures for December 12, 2022 30
(Check No. 117666 through 117732) in the Amount of 31
$365,567.81 Approved 32
B)Consider Approval of November 28, 2022 Work Session Minutes Approved 33
C)Consider Approval of November 28, 2022 Council Minutes Approved 34
D)Consider Resolution No. 22-143, Establishing Polling Locations 35
for 2023 Election Approved 36
E)Consider Approval of November 28, 2022 Council Closed Session 37
Minutes Approved 38
COUNCIL MINUTES
DRAFT
2
F)Consider Approval of the Hiring of Part-Time Staff for 39
The Rookery Approved 40
G)Consider Approval of December 5, 2022 Work Session Minutes Approved 41
FINANCE DEPARTMENT REPORT 42
2A) Public Hearing – 2022/23 Property Tax Levy and 2023 Budget: i. Consider Resolution 43
No. 22-144, Adopting the Final 2022 Tax Levy, Collectible in 2023; ii. Consider Resolution No. 22-44
145, Adopting the Final 2023 General Fund Operating Budget; iii. Consider Resolution No. 22-146, 45
Adopting the 2023 Rookery Activity Center Fund Budget; iv. Consider Resolution No. 22-147, 46
Adopting the 2023 Enterprise Funds Operating Budgets; v. Consider Resolution No. 22-159, 47
Adopting the 2023 Capital Equipment Fund Budget – Finance Director Lynch reviewed a PowerPoint 48
presentation that included information on the following: 49
- Budget work is in progress most of the year including five sessions of review by the council for50
this year’s budget;51
-Tax Levy (Operating) – includes several elements;52
- General Fund Budget53
- Operating Levy and Debt Levy equalls Total Levy;54
-Tax Capacity and Rate;55
-Total Tax Rate (includes accumulation with other taxing districts);56
- Proposed Taxes for 2023;57
- Median Tax Comparison;58
- Other Budget Approvals – Rookery, Capital Equipment, Enterprise Funds.59
Mayor Rafferty opened the public hearing 60
There being no one present wishing to speak, the public hearing was closed. 61
Councilmember Lyden noted the total tax levy and asked about a comparison to previous years. Ms. 62
Lynch noted last year’s tax rate (less than the current). Councilmember Lyden remarked that the 63
council has worked hard and he feels the budget before the council is conservative while meeting the 64
needs of the community. Mayor Rafferty concurred. 65
Councilmember Lyden moved to approve Resolution No. 22-144 as presented. Councilmember 66
Ruhland seconded the motion. Motion carried on a voice vote. 67
Councilmember Cavegn moved to approve Resolution No. 22-145 as presented. Councilmember 68
Ruhland seconded the motion. Motion carried on a voice vote. 69
Councilmember Stoesz moved to approve Resolution No. 22-146 as presented. Councilmember 70
Cavegn seconded the motion. Motion carried on a voice vote. 71
Councilmember Ruhland moved to approve Resolution No. 22-147 as presented. Councilmember 72
Lyden seconded the motion. Motion carried on a voice vote. 73
Councilmember Lyden moved to approve Resolution No. 22-159 as presented. Councilmember 74
Cavegn seconded the motion. Motion carried on a voice vote. 75
COUNCIL MINUTES
DRAFT
3
2B) Consider Resolution No. 22-148, Committing General Fund Balance – Finance Director 76
Lynch explained that the resolution recommends that certain 2022 budgeted funds be committed to a 77
purchase of fire equipment that will occur in 2023. 78
Councilmember Lyden moved to approve Resolution No. 22-148 as presented. Councilmember 79
Ruhland seconded the motion. Motion carried on a voice vote. 80
2C) Consider Resolution No. 22-157, Amending the 2022 General Fund Operating Budget – 81
Finance Director Lynch explained that this is an annual process that ensures that the previous year’s 82
budget is thoroughly considered. She noted the amount of reserve use that will be required to balance 83
the budget. 84
Councilmember Ruhland moved to approve Resolution No. 22-157 as presented. Councilmember 85
Cavegn seconded the motion. Motion carried on a voice vote. 86
ADMINISTRATION DEPARTMENT REPORT 87
3A) Consider 2nd Reading and Adoption of Amendments to the Lino Lakes Code of 88
Ordinances: i. Ordinance No. 05-22, Amending Chapter 701 regarding Liquor Licensing; ii. 89
Ordinance No. 06-22, Amending Chapter 602 regarding Tobacco Products – City Clerk Bartell 90
explained that the two ordinances being submitted for consideration were approved for 1st reading at 91
the last meeting. The ordinances would amend the section of the City Code that relate to liquor and 92
tobacco regulations. The amendment provides for some updating and also new language relating to 93
compliance, violations, and penalties. The new language mirrors what the council has approved for 94
the cannabinoid regulations. Staff is requesting approval of the 2nd reading and adoption of the two 95
ordinances. 96
Councilmember Lyden moved to waive the full reading of Ordinances No. 05-22 and No. 06-22 as 97
presented. Councilmember Cavegn seconded the motion. Motion carried on a voice vote. 98
Councilmember Cavegn moved to approve the 2nd Reading and Adoption of Ordinances No. 05-22 99
and No. 06-22 as presented. Councilmember Ruhland seconded the motion. Motion carried; Yays, 100
5; Nays none. 101
iii. Consider Resolution No. 22-150 and No. 22-151 , Authorizing Summary Publication of102
Ordinances 103
Councilmember Stoesz moved to approve Resolution No. 22-150 and No. 22-151 as presented. 104
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 105
This matter included the council recognizing the services of City Clerk Bartell upon her pending 106
retirement. The city clerk expressed her thanks for the great opportunity of serving the City. 107
3B) Consider Appointment of Community Service Officer – Human Resources and 108
Communications Manager Sawyer reviewed her written staff report recommending the appointment 109
of Justin O’Brien. The report included Mr. O’Brien’s qualifications. 110
Councilmember Cavegn moved to approve the appointment of Justin O’Brien as recommended. 111
Councilmember Lyden seconded the motion. Motion carried on a voice vote. 112
3C) Consider Resolution No. 22-155, Authorizing the Appointment of Hannah Lynch as 113
Interim City Clerk – City Administrator Cotton explained that staff is recommending the 114
appointment of Hannah Lynch to assist in carrying out the functions of City Clerk when that position 115
is vacated at the end of the year. 116
COUNCIL MINUTES
DRAFT
4
Councilmember Ruhland moved to approve Resolution No. 22-155 as presented. Councilmember117
Cavegn seconded the motion. Motion carried on a voice vote. 118
3D) Consider Resolution No. 22-156, Approving the 2023-2024 Labor Agreement with 119
LELS, Local No. 260 – City Administrator Cotton reviewed the written staff report requesting 120
council approval of a tentative agreement as presented. The agreement has been approved by the 121
membership. 122
Councilmember Lyden moved to approve Resolution No. 22-156 as presented. Councilmember 123
Ruhland seconded the motion. Motion carried on a voice vote 124
3E) Consider Appointment of Public Works Mechanic - – Human Resources and 125
Communications Manager Sawyer reviewed her written staff report recommending the appointment 126
of Patrick Doyle. The report includes Mr. Doyle’s qualifications. 127
Councilmember Lyden moved to approve the appointment of Patrick Doyle as recommended. 128
Councilmember Stoesz seconded the motion. Motion carried on a voice vote. 129
PUBLIC SAFETY DEPARTMENT REPORT 130
There was no report from the Public Safety Department. 131
PUBLIC SERVICES DEPARTMENT REPORT 132
5A) Consider Resolution No. 22-154, Order Project, Approve Plans and Specifications, and 133
Authorize Ad for Bids for Watermark Park – Centennial High School student Sam Murillo read the 134
staff report. 135
136
Public Services Director DeGardner explained that Watermark residents have been invited to 137
participate. 138
Councilmember Stoesz noted that there was a discussion about community input in the work session; 139
he is comfortable that plans are flexible enough to move forward. 140
Councilmember Ruhland moved to approve Resolution No. 22-154 as presented. Councilmember 141
Cavegn seconded the motion. Motion carried on a voice vote. 142
COMMUNITY DEVELOPMENT REPORT 143
6A) Consider Approval of Resolution No. 22-152, Approving Emerald Ash Borer Injection 144
Program Contract – Environmental Coordinator Nelson reviewed his written report that included the 145
elements of the program and a recommendation that the program continue. The Environmental Board 146
has recommended continuation. 147
Councilmember Stoesz asked if staff sees effectiveness in going forward with injections. Mr. Nelson 148
said the injection is very effective if done properly; he commented on the difference of scale for an 149
individual injecting their tree versus the City injecting lots of public trees in perpetuity. 150
Councilmember Cavegn moved to approve Resolution No. 22-152 as presented. Councilmember 151
Lyden seconded the motion. Motion carried on a voice vote 152
6B) Consider Approval Of Resolution No. 22-153, Approving Ash Tree Removal Contract– 153
Environmental Coordinator Nelson reviewed his written report that included recommendations on the 154
removal of certain ash trees. Staff has received quotes for the work. 155
COUNCIL MINUTES
DRAFT
5
Councilmember Lyden moved to approve Resolution No. 22-153 as presented. Councilmember156
Ruhland seconded the motion. Motion carried on a voice vote 157
6C) Consider Approval of Resolution No. 22-149, Order Project, Approve the Plans and 158
Specifications and Authorize the Ad for Bid, 2023 Street Rehabilitation Project – Kelsey Gelhar, 159
WSB & Associates, reviewed a map that included information on the following: 160
- Location of 2023 Street Rehabilitation Project;161
- Project element details.162
Ms. Gelhar reviewed the proposed schedule. 163
Mayor Rafferty asked if there are any soil issues anticipated and Ms. Gelhar said there is some 164
anticipation of that and staff is planning accordingly. 165
Councilmember Stoesz asked if there will be any trail rehab projects that could they be combined for 166
efficiency? Ms. Gelhar explained why those projects are done somewhat separately. 167
Councilmember Lyden moved to approve Resolution No. 22-149 as presented. Councilmember 168
Ruhland seconded the motion. Motion carried on a voice vote. 169
6D) Consider 1st Reading Ordinance No. 10-22, Amending Chapter 1011, Stormwater, 170
Erosion and Sediment Control Requirements- Community Development Director Grochala 171
reviewed a presentation that included information on the following: 172
- Cities are required to adopt regulations;173
- Proposal to amend City Code to meet requirements (adopting watershed district requirements);174
-Review of section changes;175
- Wetland (buffer) language is new to the Lino Lakes Code.176
Councilmember Lyden moved to approve the 1st Reading of Ordinance No. 10-22 as presented. 177
Councilmember Cavegn seconded the motion. Motion carried on a voice vote 178
6E) Consider Resolution No. 22-158, Supporting Ramsey County Interstate 35E/County 179
Road J Corridors of Commerce Grant Application – Community Development Director Grochala 180
reviewed his written staff report requesting City Council consideration to support the Ramsey County 181
2022-2023 Corridors of Commerce grant application to MnDOT for the Interstate 35E/County Road 182
interchange project. 183
Councilmember Ruhland moved to approve Resolution No. 22-158 as presented. Councilmember 184
Cavegn seconded the motion. Motion carried on a voice vote 185
UNFINISHED BUSINESS 186
There was no Unfinished Business. 187
188
NEW BUSINESS 189
There was no New Business. 190
191
COMMUNITY EVENTS 192
There were no events announced. 193
COUNCIL MINUTES
DRAFT
6
COMMUNITY CALENDAR 194
Community Calendar – A Look Ahead 195
December 12, 2022 through December 27, 2022 196
Tuesday, December 27 6:00 pm, Community Room Council Work Session 197
Tuesday, December 27 6:30 pm, Council Chambers City Council Meeting 198
199
ADJOURN 200
201
There being no further business, Councilmember Stoesz moved to adjourn at 7:30 p.m. 202
Councilmember Ruhland seconded the motion. Motion carried on a voice vote. 203
204
Note: Economic Development Authority Meeting followed the Regular City Council Meeting. 205
206
These minutes were considered and approved at the regular Council Meeting on January 9, 2023. 207
208
209
210
211
Hannah Lynch, City Clerk Rob Rafferty, Mayor 212
CITY COUNCIL
AGENDA ITEM 1D
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: January 9, 2023
TOPIC Consider Resolution 23-01, Approving
Edible Cannabinoid License for
Lino Lakes Tobacco 1 Inc at 717 Apollo Drive
VOTE REQUIRED: 3/5
INTRODUCTION
Mr. Zuhair Abudaya, owner of Lino Lakes Tobacco 1 Inc, is currently licensed to sell
tobacco products at the store located at 717 Apollo Drive. Mr. Abudaya has submitted an
application to the City requesting a license to sell edible cannabinoid products at this store.
BACKGROUND
The license application has been reviewed by City staff and the related license fees have
been paid. The Lino Lakes Public Safety Department has conducted the required
background investigation on the applicant and reports no information that would prevent
issuance of a license.
In accordance with the Lino Lakes Code of Ordinances, Section 619 relating to Edible
Cannabinoid Products, issuance of a license requires approval by the City Council.
The applicant has been made aware that final issuance of the license is subject to all the
provisions and conditions of the laws of the city, state and federal government.
RECOMMENDATION
Approve Resolution No. 23-01, Approving an Edible Cannabinoid Product License for
Zuhair Abudaya, Lino Lakes Tobacco 1 Inc.
CITY OF LINO LAKES
RESOLUTION NO. 23-01
APPROVING ISSUANCE OF AN
EDIBLE CANNABINOID PRODUCT LICENSE TO
LINO LAKES TOBACCO 1 INC, 717 APOLLO DRIVE
WHEREAS, Zuhair Abudaja has applied for a license to sell retail edible cannabinoid
products at the existing Lino Lakes Tobacco 1 Inc store at 717 Apollo Drive; and
WHEREAS, City staff has reviewed said application and determined that the request
meets the requirements of the City Code for the type of license requested; and
WHEREAS, the Public Safety Department of the City of Lino Lakes has conducted an
investigation of the applicants, and;
WHEREAS, the applicant has provided proof of insurance as required and has paid the
necessary fees;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino
Lakes hereby approves a license to sell edible cannabinoid products to Zuhair Abudaja,
Lino Lakes Tobacco 1 Inc. subject to compliance with all the provisions and conditions of
the laws of the city, state and federal government.
Adopted by the City Council of the City of Lino Lakes this 9th day of January 2023.
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:
________________________
Hannah Lynch, City Clerk
CITY COUNCIL
AGENDA ITEM 1F
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: January 9, 2023
TOPIC Consider Resolution 23-06, Approving an
Edible Cannabinoid License for
AK Smoke Zone Inc at 7107 Otter Lake Rd
VOTE REQUIRED: 3/5
INTRODUCTION
Mr. Ali Alfureedy, owner of AK Smoke Zone Inc, is currently licensed to sell tobacco
products at the store located at 7107 Otter Lake Rd. Mr. Alfureedy has submitted an
application to the City requesting a license to sell edible cannabinoid products at this store.
BACKGROUND
The license application has been reviewed by City staff and the related license fees have
been paid. The Lino Lakes Public Safety Department has conducted the required
background investigation on the applicant and reports no information that would prevent
issuance of a license.
In accordance with the Lino Lakes Code of Ordinances, Section 619 relating to Edible
Cannabinoid Products, issuance of a license requires approval by the City Council.
The applicant has been made aware that final issuance of the license is subject to all the
provisions and conditions of the laws of the city, state and federal government.
RECOMMENDATION
Approve Resolution No. 23-06, Approving an Edible Cannabinoid Product License for Ali
Alfureedy, AK Smoke Zone Inc.
CITY OF LINO LAKES
RESOLUTION NO. 23-06
APPROVING ISSUANCE OF AN
EDIBLE CANNABINOID PRODUCT LICENSE TO
AK SMOKE ZONE INC, 7107 OTTER LAKE RD
WHEREAS, Ali Alfureedy has applied for a license to sell retail edible cannabinoid
products at the existing AK Smoke Zone Inc store at 7107 Otter Lake Rd; and
WHEREAS, City staff has reviewed said application and determined that the request
meets the requirements of the City Code for the type of license requested; and
WHEREAS, the Public Safety Department of the City of Lino Lakes has conducted an
investigation of the applicants, and;
WHEREAS, the applicant has provided proof of insurance as required and has paid the
necessary fees;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino
Lakes hereby approves a license to sell edible cannabinoid products to Ali Alfuredy, AK
Smoke Zone Inc. subject to compliance with all the provisions and conditions of the laws
of the city, state and federal government.
Adopted by the City Council of the City of Lino Lakes this 9th day of January 2023.
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:
________________________
Hannah Lynch, City Clerk
CITY COUNCIL
AGENDA ITEM 1G
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: January 9, 2023
TOPIC: Consider Resolution No. 23-07, Authorizing the Issuance of a
Special Event Permit for the Centerville Lions Ice Fishing Contest
to include an Exempt Raffle Permit and a Temporary On-Sale
Liquor License
VOTE REQUIRED: 3/5
INTRODUCTION
Gregory Kieselhorst, President and Chief Executive Officer of the Centerville Lions has
scheduled a special event for Saturday, February 18, 2023 on Centerville Lake. The event plans
include an ice fishing contest, same day raffle, food and liquor sales. This is an annual event.
BACKGROUND
Mr. Kieselhorst has submitted to the City an application for a Special Event Permit, LG220
Application for Exempt Gambling Permit, and a 1-4 Day Temporary On-Sale Liquor License.
He has also submitted general liability insurance for the event, approved Anoka County Sheriff
Water/Ice Use Permit, Approved DNR Permit to Conduct a Fishing Tournament, approval to use
the Anoka County Regional Park boat landing to access the lake for the event, and a temporary
food license from the Anoka County Environmental Services. The application has been
reviewed and approved by staff and 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.
Background information on the applicant is on file in the Deputy City Clerk’s office.
RECOMMENDATION
Approve Resolution No. 23-07, Authorizing the Issuance of a Special Event Permit for the
Centerville Lions Ice Fishing Contest to include an Exempt Raffle Permit and a Temporary On-
Sale Liquor License.
ATTACHMENTS
Resolution No. 23-07
CITY OF LINO LAKES
RESOLUTION NO. 23-07
AUTHORIZING THE ISSUANCE OF A SPECIAL EVENT PERMIT FOR THE
CENTERVILLE LIONS ICE FISHING CONTEST TO INCLUDE AN EXEMPT
RAFFLE PERMIT AND A TEMPORARY ON-SALE LIQUOR LICENSE
WHEREAS, the President of the Centerville Lions has submitted an application for a Special
Event Permit, Exempt Gambling Permit, and a 1-4 Day Temporary Liquor License; and
WHEREAS, the event is planned for February 18, 2023 from 11:00 a.m. to 2:00 p.m. and
includes an ice fishing contest on Centerville Lake, raffle, food and alcohol sales; and
WHEREAS, as part of the event, the applicant would like to allow consumption of alcoholic
beverages to be served in an area designated on the lake; and
WHEREAS, the applicant has indicated that they will be serving food and therefore required to
obtain a Temporary Food License from the Anoka County Environmental Services; and
WHEREAS, the applicant has indicated that all patrons or members attending the event will
receive a proper identification check to ensure no underage alcohol service will occur; and
WHEREAS, the permit has been approved by the Lino Lakes Public Safety Department with
certain conditions and recommendations; and
WHEREAS, the applicant has obtained a Water/Ice Use Permit from the Anoka County
Sheriff’s office; and
WHEREAS, the applicant has obtained a DNR Permit to Conduct a Fishing Tournament; and
WHEREAS, proof of general liability and liquor liability insurance has been submitted by the
applicant;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes
hereby approves the request of Gregory Kieselhorst, President of the Centerville Lions, for a
special event permit on February 18th, 2023 with the conditions and recommendation by the
Public Safety Department.
Adopted by the Council of the City of Lino Lakes this 9th day of January, 2023.
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:
________________________
Hannah Lynch, City Clerk
CITY COUNCIL
AGENDA ITEM 1H
STAFF ORIGINATOR: Meg Sawyer, Human Resources and Communications Manager
MEETING DATE: January 9, 2023
TOPIC: Approve the Hiring of Part-Time Staff for The Rookery
VOTE REQUIRED: 3/5
INTRODUCTION
The Council is being asked to approve the hiring of part-time staff for The Rookery.
BACKGROUND
Staff is seeking approval to hire part-time personnel to work at The Rookery.
The recruiting process has identified candidates that will be a great addition to our staff at The
Rookery.
RECOMMENDATION
Staff recommends the Council approve the hiring of the part-time personnel listed below:
First Name Last Name Title
Kyle O'Leary Lifeguard
Allison Hemming Child Care
Eli Nowacki Lifeguard
Lindsay Gawthrop Swim Instructor
Michael Schmidt Manager on Duty
Start dates vary based on position and training schedule.
Please approve the above personnel for the part-time positions at The Rookery Activity Center.
CITY COUNCIL
AGENDA ITEM 3A
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: January 9, 2023
TOPIC: 2023 Annual Appointments
VOTE REQUIRED: 3/5
INTRODUCTION
Below is the list of annual appointments the City Council considers each year.
RECOMMENDATION
Approve 2023 appointments as listed below.
2022 2023
1. Acting Mayor Dale Stoesz Dale Stoesz
2. Legal Newspaper Quad Community Press Quad Community Press
3. Legal Services
Barna, Guzy & Steffen
Kennedy & Graven
Rupp, Anderson, Squires, &
Waldspurger
Geck, Duea & Olson
Barna, Guzy & Steffen
Kennedy & Graven
Rupp, Anderson, Squires, &
Waldspurger
Geck, Duea & Olson
4. Labor Services
Barna, Guzy & Steffen
Riley, Dettman & Kelsy
BakerTilly
Barna, Guzy & Steffen
Riley, Dettman & Kelsy
BakerTilly
5. Fiscal Agent BakerTilly BakerTilly
6. Assessor Anoka County Anoka County
7. North Metro
Telecommunications
Committee
Dale Stoesz
Tony Cavegn (Alternate)
Dale Stoesz
Tony Cavegn (Alternate)
8. Vadnais Lake Watershed
District
Rob Rafferty
Rob Rafferty
9. County Corrections
Program
Chris Lyden
John Swenson
Chris Lyden
John Swenson
10. Joint Law Enforcement
Council
Tony Cavegn
John Swenson
Tony Cavegn
John Swenson
11. Anoka Co. Fire Protection
Council
Mike Ruhland
Rob Rafferty (Alternate)
Mike Ruhland
Rob Rafferty (Alternate)
12. City Depositories
First Resource Bank
LMC 4M Fund
PMA Financial Network
PMA Securities
Moreton Capital Markets
US Bank
First Resource Bank
LMC 4M Fund
PMA Financial Network
PMA Securities
Moreton Capital Markets
US Bank
13. City Treasurer1 Hannah Lynch Hannah Lynch
14. City Engineer WSB & Associates WSB & Associates
15. Data Practices Officer Julie Bartell Sarah Cotton
16. City Auditor Redpath & Company Redpath & Company
17. Twin Cities Gateway
Sarah Cotton
Dale Stoesz (Alternate)
Sarah Cotton
Dale Stoesz (Alternate)
18. Anoka Co./Blaine
Airport Advisory Council Dean Quimby Dean Quimby
19. Hearing Officer
John Swenson
Rick DeGardner (Alternate)
John Swenson
Rick DeGardner (Alternate)
20. Local Board of Appeal &
Equalization Training
Mike Ruhland
Rob Rafferty
Mike Ruhland
Rob Rafferty
Chris Lyden
21. Secretarial Services TimeSaver, Inc. TimeSaver, Inc.
1The City Council delegates the authority to make electronic funds transfers to the City Treasurer.
The City Treasurer may delegate certain duties to finance staff, but shall remain responsible for
the transfer program.
CITY COUNCIL
AGENDA ITEM 3B
STAFF ORIGINATOR: Sarah Cotton, City Administrator
MEETING DATE: January 9, 2023
TOPIC: 2023-2024 Labor Agreement with LELS, Local No. 299
VOTE REQUIRED: 3/5
INTRODUCTION
The City Council is being asked to consider Resolution 23-08, Approving the 2023-2024 Labor
Agreement between the City of Lino Lakes and LELS, Local No. 299.
BACKGROUND
A tentative agreement has been reached for a two-year contract with LELS, Local No. 299. A
tentative agreement was reached after three meetings and the union members voted in favor of
the following terms:
1. COMPENSATION/WAGES:
a) 3% general wage increase, plus 0.75% market adjustment effective January 1,
2023
b) 3% general wage increase, plus 0.75% market adjustment effective January 1,
2024
c) Investigator Stipend - The stipend (which will now be reflected as an hourly
amount) will increase by $25 per month for each year of the contract; therefore,
Police Officers assigned to Investigator will be provided an hourly stipend of
$1.30 in 2023 and $1.44 in 2024.
d) School Resource Officer Stipend – The stipend (which will now be reflected as
an hourly amount) will increase by $25 per month for each year of the contract;
therefore, Police Officers assigned to School Resource Officer will be provided
an hourly stipend of $1.13 in 2023 and $1.27 in 2024.
2. INSURANCE:
a) Article 19.1 (Health) revised to read:
i. Effective January 1, 2023, the Employer will contribute 100% of the premium
toward the base single plan ($588.64) and $1,212.98 toward the base family
plan.
ii. Effective January 1, 2024, the Employer will contribute 100% of the base
single plan and $1,212.98 plus 50% of the 2024 premium increase toward the
base family plan.
iii. The Employer’s contributions toward the Health Savings Account and the
cash option for waiving coverage remain the same.
b) Article 19.3 (Dental) revised to read:
i. Dental: The employer agrees to pay $51.04 a month toward dental insurance
coverage.
3. HOLIDAYS: Article 18 was revised to mirror the language included in the Sergeant’s
contract (Employees scheduled to work on any of the listed holidays in Section 18.1 shall
receive 1 ½ times their regular rate of pay, which will be paid out in the pay period
worked).
4. OVERTIME: Article 12 was revised to mirror the language included in the Sergeant’s
contract (Employees may carry over 20 hours of compensatory time into the following
year).
5. COURT TIME: Cancellation notice increased from 12 to 16 hours. (Employees cancelled
for court with less than 16 hours’ notice, shall receive two hours of pay at their regular
rate.)
6. CLOTHING ALLOWANCE: The annual clothing allowance increases by any wage
adjustment; therefore, the annual clothing allowance will be $911.18 in 2023 and $938.52
in 2024.
7. POST RETIREMENT HEALTH CARE SAVINGS PLAN: New Article – Police
Officers will contribute 4% of gross income and all eligible severance pay, per Article 25
to a Post-Retirement Health Care Savings Plan.
8. FIREFIGHTER STIPEND: The cross-trained firefighter stipend increases by any annual
wage adjustment; therefore, the hourly stipend will increase to $1.59 in 2023 and $1.64
in 2024.
9. APPENDIX C: M.O.A. REGARDING PERSONAL TIME OFF (PTO): The City of Lino
Lakes may offer new Police Officers the choice to elect vacation/sick leave or
PTO/extended illness leave pursuant to the City’s personnel policy.
RECOMMENDATION
Staff recommends approval of Resolution No. 23-08, Approving the 2023-2024 Labor
Agreement between the City of Lino Lakes and LELS Local No. 299.
ATTACHMENTS
Resolution No. 23-08
CITY OF LINO LAKES
RESOLUTION NO. 23-08
APPROVING THE 2023-2024 LABOR AGREEMENT BETWEEN THE CITY OF LINO
LAKES AND LELS, LOCAL NO. 299
WHEREAS, the City of Lino Lakes and Law Enforcement Labor Services, Local No. 299,
representing the police officers, have reached an agreement for 2023-2024;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lino Lakes
approve the terms of the labor agreement, as follows:
1) COMPENSATION/WAGES:
a) 3% general wage increase, plus 0.75% market adjustment effective January 1, 2023
b) 3% general wage increase, plus 0.75% market adjustment effective January 1, 2024
c) Investigator Stipend - The stipend (which will now be reflected as an hourly
amount) will increase by $25 per month for each year of the contract; therefore,
Police Officers assigned to Investigator will be provided an hourly stipend of $1.30
in 2023 and $1.44 in 2024.
d) School Resource Officer Stipend – The stipend (which will now be reflected as an
hourly amount) will increase by $25 per month for each year of the contract;
therefore, Police Officers assigned to School Resource Officer will be provided an
hourly stipend of $1.13 in 2023 and $1.27 in 2024.
2) INSURANCE:
a) Article 19.1 (Health) revised to read:
a) Effective January 1, 2023, the Employer will contribute 100% of the premium
toward the base single plan ($588.64) and $1,212.98 toward the base family
plan.
b) Effective January 1, 2024, the Employer will contribute 100% of the base single
plan and $1,212.98 plus 50% of the 2024 premium increase toward the base
family plan.
c) The Employer’s contributions toward the Health Savings Account and the cash
option for waiving coverage remain the same.
b) Article 19.3 (Dental) revised to read:
i. Dental: The employer agrees to pay $51.04 a month toward dental insurance
coverage.
3) HOLIDAYS: Article 18 was revised to mirror the language included in the Sergeant’s
contract (Employees scheduled to work on any of the listed holidays in Section 18.1 shall
receive 1 ½ times their regular rate of pay, which will be paid out in the pay period
worked).
4) OVERTIME: Article 12 was revised to mirror the language included in the Sergeant’s
contract (Employees may carry over 20 hours of compensatory time into the following
year).
5) COURT TIME: Cancellation notice increased from 12 to 16 hours. (Employees cancelled
for court with less than 16 hours’ notice, shall receive two hours of pay at their regular
rate.)
6) CLOTHING ALLOWANCE: The annual clothing allowance increases by any wage
adjustment; therefore, the annual clothing allowance will be $911.18 in 2023 and $938.52
in 2024.
7) POST RETIREMENT HEALTH CARE SAVINGS PLAN: New Article – Police Officers
will contribute 4% of gross income and all eligible severance pay, per Article 25 to a Post-
Retirement Health Care Savings Plan.
8) FIREFIGHTER STIPEND: The cross-trained firefighter stipend increases by any annual
wage adjustment; therefore, the hourly stipend will increase to $1.59 in 2023 and $1.64 in
2024.
9) APPENDIX C: M.O.A. REGARDING PERSONAL TIME OFF (PTO): The City of Lino
Lakes may offer new Police Officers the choice to elect vacation/sick leave or
PTO/extended illness leave pursuant to the City’s personnel policy.
Adopted by the Council of the City of Lino Lakes this 9th day of January, 2023.
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:
_____________________________________
Hannah Lynch, City Clerk
CITY COUNCIL
AGENDA ITEM # 4A
STAFF ORIGINATOR: John Swenson, Public Safety Director
MEETING DATE: January 9, 2023
TOPIC: Acceptance of Monetary Donation to Lino Lakes Public
Safety Department
VOTE REQUIRED: 3/5
INTRODUCTION
The Lino Lakes Public Safety Department is requesting council approval to accept a donation of
$20,000 from the Coss Family Foundation through their Grant Administrator, The Saint Paul
Foundation.
BACKGROUND
Staff received notification from The Saint Paul Foundation that a donor wished to make a
donation of $20,000 to the Lino Lakes Public Safety Public Safety Department to support the
expansion of the Wellness Enhancements for Fire Division personnel.
Staff provided Council information on the Public Safety Department Wellness Enhancements at
the August 1, 2022 Work Session. As noted then, the only funding available for the Provicta
engagement was the law enforcement forfeiture funds; therefore, only police personnel were
allowed to participate in the wellness enhancements offered through Provicta. With this donation
we will begin to establish the needed funding to include all Fire Division personnel in the future
once we have received enough funding to move forward.
Upon Council acceptance of the donation, staff will deposit these funds into a City escrow
account.
RECOMMENDATION
Staff recommends approval of acceptance of the $20,000 donation from the Coss Family
Foundation for the Lino Lakes Public Safety Department Fire Division Wellness Enhancements.
ATTACHMENTS
None
CITY COUNCIL
AGENDA ITEM 6A
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: January 9 , 2022
TOPIC: Consider 2nd Reading of Ordinance 10-22, Amending City Code
Chapter 1011, Stormwater, Erosion and Sediment Control
Consider Resolution 23-04, Approving Summary Publication of
Ordinance 10-22
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting City Council consideration to amend City Code Chapter 1011 relating to
Stormwater, Erosion and Sediment Control requirements.
BACKGROUND
City Code section 1011 regulates development activities that disturbs land and generates the
need for storm water management. The City is required to adopt an ordinance consistent with
the requirements of the State’s General Permit to operate a municipal separate storm sewer
system (MS4). The City was issued a new permit in October of 2021. Additionally, the City is
required to be in conformance with the rules and requirements of the local water management
organizations (WMO’s) – the Rice Creek Watershed District (RCWD) and Vadnais Lakes
Water Management Organization.
The proposed ordinance amendment is to bring our code requirements into conformance with
the permit and WMO’S standards and simplify administration of the code.
The RCWD covers the majority of the city with VLAWMO jurisdiction limited to a few
hundred acres in the southeast portion of the City. For purpose of applying requirements
uniformly the ordinance adopts the stormwater management requirements of the RCWD.
New language is shown as underlined text and deleted text is shown with a strikethrough.
ANALYSIS
Sections 1011.001 through 1011.005:
These sections were modified to remove superfluous language and recognize the adoption of
certain code amendments by reference to RCWD or VLAWMO rules
Section 1011.006 Definitions:
The definition section was amended to update definitions for consistency with WMO’s and the
MS4 permit, and delete unnecessary terminology.
Section 1011.007 through 1011.009:
These sections were modified to remove superfluous language and correct references.
Section 1011.010. Erosion and Sediment Control Requirements
These sections were modified to remove superfluous language and conform to similar
requirements of RCWD.
Section 1011.011 Stormwater Management Requirements.
Permit applicability was amended to generally match RCWD permit requirements and meets
the requirements for the MS4 permit as well.
The Comprehensive Stormwater Management Plan (CSMP’s) section was added, as provided
for by RCWD. The City has two CSMP’s currently in effect – one for Legacy at Woods Edge
(City Hall and surrounding complex) and the NE Drainage Area (from Peltier Lake to City of
Hugo). Stormwater Management in those areas are governed by these requirements.
Subparts 5 through 7 adopts the RCWD requirements by reference as amended. This keeps our
ordinance consistent with the RCWD. The RCWD Rules cover the same items shown as
deleted in our ordinance.
Subpart 9 was added to establish wetland bu ffers consistent with the RCWD and VLAWMO
requirements.
Sections 1011.012 through 016
No changes are proposed other than minor clerical references.
RECOMMENDATION
The City Council approved the 1st Reading on December 12, 2022. Staff is recommending
approval of the 2nd Reading of Ordinance No. 10-22.
Staff is also recommending approval of Resolution No. 23-04, approving the summary
publication of the ordinance.
ATTACHMENTS
1. Ordinance 10-22
2. Resolution No. 23-04
1
1st Reading: Publication:
2nd Reading: Effective:
CITY OF LINO LAKES
ORDINANCE NO. 10-22
AN ORDINANCE AMENDING SECTION 1011 RELATING TO THE REGULATION
OF STORMWATER, EROSION AND SEDIMENT CONTROL
The City Council of Lino Lakes ordains:
Section 1. The Lino Lakes Code of Ordinance, Chapter 1011 Stormwater, Erosion and Sediment
Control is hereby amended as follows (new language is underlined, and deleted language is
stricken):
CHAPTER 1011: STORMWATER, EROSION AND SEDIMENT CONTROL
Section
1011.001 Title
1011.002 PurposeFindings
1011.003 Jurisdiction
1011.004 Statutory authority
1011.005 FindingsAdoption by reference
1011.006 Definitions
1011.007 Applicability
1011.008 Exemptions
1011.009 Technical referenceReserved
1011.010 Grading, erosion and sediment control requirements
1011.011 Stormwater management requirements
1011.012 Inspections and maintenance
1011.013 Plan review procedure
1011.014 Financial securities
1011.015 Enforcement
1011.016 Abrogation and greater restrictions
2
§ 1011.001 TITLE.
This chapter shall be known as the Lino Lakes Stormwater, Erosion and Sediment
Control Chapter and will be referred to herein as this chapter.
(Ord. 09-15, passed 10-26-2015)
§ 1011.002 PURPOSEFINDINGS.
The general purpose of this chapter is to set forth regulatory requirements for land
development and land disturbing activities aimed at minimizing threats to public health,
safety, public and private property, and natural resources within the city from
construction site erosion and post-construction stormwater runoff. Specific purposes are
to establish performance standards that will:
(1) Protect life and property from dangers associated with flooding;
(2) Protect public and private property and the natural resources from damage
resulting from runoff and construction site erosion;
(3) Ensure land development that minimizes the generation of stormwater runoff
volumes and peak rates and maximizes pervious areas for stormwater treatment;
(4) Promote regional stormwater management by subwatershed;
(5) Provide a single, consistent set of performance standards that apply to all
developments;
(6) Protect water quality from nutrients, heavy metals, bacteria, pathogens,
debris, thermal stress, and other urban pollutants;
(7) Promote infiltration and groundwater recharge;
(8) Protect functional values of all types of natural water bodies (e.g., rivers,
streams, wetlands, lakes, seasonal ponds); and
(9) Sustain or enhance biodiversity (native plant and animal habitat) and support
riparian ecosystems.
(Ord. 09-15, passed 10-26-2015)
The city finds that uncontrolled stormwater runoff and construction site erosion from
land development and land -disturbing activity can have significant adverse impacts
upon local and regional water resources, diminishing the quality of public health, safety,
public and private property, and natural resources of the city. Specifically, uncontrolled
construction site erosion and stormwater runoff can:
(1) Threaten public health, safety, property, and general welfare by increasing
runoff volumes, peak flood flows, and overburdening storm sewers, drainage ways, and
other storm drainage systems;
(2) Diminish the capacity of lakes and streams to support fish, aquatic life,
recreational uses and water supply uses by increasing pollutant loadings of total
3
sediment, suspended solids, nutrients, heavy metals, bacteria, pathogens, and other
urban pollutants;
(3) Degrade physical stream habitat by increasing stream bank erosion,
increasing stream bed scour, diminishing groundwater recharge, diminishing stream
base flows, and increasing stream temperatures;
(4) Undermine floodplain management efforts by increasing the incidence and
levels of flooding;
(5) Alter wetland communities by changing wetland hydrology and increasing
pollutant loading; and
(6) Generate airborne particulate concentrations that are health -threatening or
may cause other damage to property or the environment.
(Ord. 09-15, passed 10-26-2015)
§ 1011.003 JURISDICTION.
The provisions of this chapter shall apply to all lands within the incorporated
boundaries of Lino Lakes.
(Ord. 09-15, passed 10-26-2015)
§ 1011.004 STATUTORY AUTHORITY.
This chapter is adopted pursuant to the authorization and policies contained in M.S.
Chs. 103B, 103F, and 462 and Minn. Rules Chs. 7050, 7090, and 8410. This chapter is
intended to meet the current construction site erosion and sediment control and post-
construction stormwater management regulatory requirements for construction activity
and small construction activity as defined in the standards of the NPDES construction
general permit, as amended.
(Ord. 09-15, passed 10-26-2015)
§ 1011.005 FINDINGSADOPTION BY REFERENCE.
The city finds that uncontrolled stormwater runoff and construction site erosion from
land development and land disturbing activity can have significant adverse impacts
upon local and regional water resources diminishing the quality of public health, safety,
public and private property, and natural resources of the city. Specifically, uncontrolled
construction site erosion and stormwater runoff can:
(1) Threaten public health, safety, property, and general welfare by increasing runoff
volumes, peak flood flows, and overburdening storm sewers, drainage ways, and other
storm drainage systems;
(2) Diminish the capacity of lakes and streams to support fish, aquatic life,
recreational and water supply uses by increasing pollutant loadings of total sediment,
4
suspended solids, nutrients, heavy metals, bacteria, pathogens, and other urban
pollutants;
(3) Degrade physical stream habitat by increasing stream bank erosion, increasing
stream bed scour, diminishing groundwater recharge, diminishing stream base flows,
and increasing stream temperatures;
(4) Undermine floodplain management efforts by increasing the incidence and levels
of flooding;
(5) Alter wetland communities by changing wetland hydrology and increasing
pollutant loading; and
(6) Generate airborne particulate concentrations that are health threatening or may
cause other damage to property or the environment.
(Ord. 09-15, passed 10-26-2015)
Certain Rules of the Rice Creek Watershed District (the “Rules”) and Standards of
the Vadnais Lake Area Water Management Organization (the “Standards”) and any
amendments or revisions thereto referenced herein are adopted as ordinances of the
city. Where the Rules refer to the “District” they shall be deemed as referring to the city.
Where the Standards refer to the “VLAWMO” they shall be deemed as referring to the
city. Where conflicts exist between this Ordinance and the Rules or Standards, the
greater requirement shall apply.
§ 1011.006 DEFINITIONS.
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted so as to give them the same meaning as they have in common usage and to
give this chapter its most reasonable application. For the purpose of this chapter, the
words MUST and SHALL are mandatory and not permissive. All distances, unless
otherwise specified, shall be measured horizontally. As used in this chapter, the
following words and terms shall have the meanings ascribed to them in this section.
100-YEAR FLOOD ELEVATION. The elevation of water resulting from the Critical
Duration Flood Event. See definition of Critical Duration Flood event.
BEST MANAGEMENT PRACTICES (BMP's). Measures taken to minimize negative
effects on water resources and systems as documented in the Minnesota Construction
Site Erosion and Sediment Control Planning Handbook (MBWSR, 1988), Protecting
Water Quality in Urban Areas (MPCA, 2000) and the Minnesota Stormwater Manual
(MPCA, 2014) as amended.
BETTER SITE DESIGN (BSD). An approach to managing runoff that seeks to attain
post development hydrology which mimics the undeveloped condition in terms of
volume, rate and timing of runoff. The goals of BETTER SITE DESIGN include reducing
the amount of impervious cover, increasing the amount of natural lands set aside for
conservation, using pervious areas for more effective stormwater treatment, innovative
grading and drainage techniques and through the review of every aspect of the project
site planning process. BETTER SITE DESIGN involves techniques applied early in the
5
design process to reduce impervious cover, conserve natural areas and use pervious
areas to more effectively treat stormwater runoff and promote a treatment train
approach to runoff management.
BIOFILTRATION. A stormwater quality and quantity BMP that utilizes vegetation
and soil to filter and absorb pollutants including nutrients, hydrocarbons and metals and
remove water volume through evapotranspiration. A bioretention practice in which an
underdrain is used. Typically, most of the water entering the biofiltration practice enters
the underdrain and is returned to the stormwater system, but some water infiltrates
(unless the BMP has an impermeable liner) or evapotranspires. The underdrain may be
at or elevated above the bottom of the practice (i.e. at the media-soil interface).
BIORETENTION. A soil and plant-based stormwater management best
management practice (BMP) used to filter runoff.
BRIDGE. A road, path, railroad or utility crossing over a waterbody, wetland, ditch,
ravine, road, railroad or other obstacle.
BRIDGE SPAN. The clear span between the inside surfaces of a bridge's terminal
supports.
CHANNEL. A perceptible natural or artificial depression, with a defined bed and
banks that confine and conduct water flowing either continuously or periodically.
CONSTRUCTION ACTIVITY. Activities including clearing, grading, and excavating,
that result in land disturbance of equal to or greater than one acre, including the
disturbance of less than one acre of total land area that is part of a larger common plan
of development or sale if the larger common plan will ultimately disturb equal to or
greater than one acre. This includes a disturbance to the land that results in a change in
the topography, existing soil cover, (both vegetative and nonvegetative), or the existing
soil topography that may result in accelerated stormwater runoff that may lead to soil
erosion and movement of sediment. Construction activity does not include a disturbance
to the land of less than five acres for the purpose of routine maintenance performed to
maintain the original line and grade, hydraulic capacity, and original purpose of the
facility. Routine maintenance does not include activities such as repairs, replacement
and other types of non-routine maintenance. Pavement rehabilitation that does not
disturb the underlying soils (e.g., mill and overlay projects) is not construction activity.
. Includes construction activity as defined in 40 C.F.R. pt. 122.26(b)(14)(x) and small
construction activity as defined in 40 C.F.R. pt. 122.26(b)(15). This includes a
disturbance to the land that results in a change in the topography, existing soil cover
(both vegetative and non-vegetative), or the existing soil topography that may result in
accelerated stormwater runoff, leading to soil erosion and movement of sediment into
surface waters or drainage systems. Examples of CONSTRUCTION ACTIVITY may
include clearing, grading, filling, and excavating. CONSTRUCTION ACTIVITY includes
the disturbance of less than one acre of total land area that is a part of a larger common
plan of development or sale if the larger common plan will ultimately disturb one acre or
more.
6
CONVEYANCE SYSTEM. Open channel, pipe or tile that is not a Public Drainage
System. A portion of a conveyance system is defined as “regional” if it carries flows from
a drainage area of greater than 200 acres.
CRITICAL DURATION FLOOD EVENT. The 100-year precipitation or snow melt
event with a duration resulting in the maximum 100-year return period water surface
elevation. The CRITICAL DURATION FLOOD EVENT is generally either the 100-year,
24 hour rainfall event as found in NOAA Atlas 14 or the ten-day snow melt event
assumed to be 7.2 inches of runoff occurring on frozen ground (CN=100); however,
other durations (e.g., 6-hour) may result in the maximum 100-year return period water
surface elevation.
DETENTION BASIN. Any natural or man-made depression that stores stormwater
runoff temporarily.
DEVELOPMENT. Any land-disturbing activity resulting in creation or reconstruction
of impervious surface including, but not limited to, municipal road construction. Normal
farming practices part of an ongoing farming operation shall not be considered a
DEVELOPMENT.
DRAINAGE SYSTEM. A system of open channel, pipe or tile, to drain property,
including laterals, improvements, and improvements of outlets, which may or may not
be a public system under the jurisdiction of a watershed district under M.S. Chs. 103B,
103D, or 103E.
EMERGENCY OVERFLOW (EOF). A primary overflow to pass flows above the
design capacity around the principal outlet safely downstream without causing flooding.
EROSION AND SEDIMENT CONTROL PLAN. A plan of BMPs or equivalent
measures designed to control runoff and erosion and to retain or control sediment on
land during the period of land disturbance in accordance with the standards set forth in
this chapter.
EROSION PREVENTION. Measures employed to prevent erosion including, but not
limited to, soil stabilization practices, limited grading, mulch, temporary or permanent
cover, and construction phasing.
EXCAVATION. The displacement or removal of soil, sediment or other material.
FILTRATION. A stormwater quality BMP that uses either natural media such as soil
or vegetation or manufactured media to trap pollutants such as nutrients and particles in
surface water.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed
and all soils have to be stabilized by a uniform perennial vegetative cover with a density
of 70% over the entire pervious surface area, or other equivalent means necessary to
prevent soil failure under erosive conditions.
FLOODPLAIN. The beds proper and areas adjoining a waterbody wetland, lake or
watercourse that are inundatedwhich have been or hereafter may be covered by the
during the 100-yearregional flood.
7
FLOODWAY FRINGE. That portion of the floodplain outside of the floodway. Flood
fringe is synonymous with the term FLOODWAY FRINGE used in the Flood Insurance
study for Anoka County,The area between the floodway and the boundary of the 100-
year flood.
FLOODWAY. The channel of a watercourse, the bed of water basins and those
portions of adjoining floodplains that must be kept free of encroachment to
accommodate the 100-year flood. The bed of a wetland or lake and the channel of a
watercourse and those portions of the adjoining floodplain which are reasonably
required to carry or store the regional flood discharge.
FLOODWAY FRINGE. The area between the floodway and the boundary of the
100-year flood. The portion of the one-percent annual chance floodplain located outside of the floodway. This district also includes any additional area encompassed by the horizontal extension of the Regulatory Flood Protection Elevation.
FREEBOARD. Vertical distance between the 100-year flood elevation or emergency
overflow elevation of a water basin or watercourse and the elevation of the regulatory
elevation of a structure.
IMPERVIOUS SURFACE. A compacted surface or a surface covered with material
(i.e., gravel, asphalt, concrete, Class 5, etc.) that increases the depth of runoff
compared to natural soils and land cover. Including but not limited to roads, driveways,
parking areas, sidewalks and trails, patios, tennis courts, basketball courts, swimming
pools, building roofs, covered decks, and other structures.
INFILTRATION. Water entering the ground through the soil.
LAND-DISTURBING ACTIVITY. Any disturbance to the ground surface that,
through the action of wind or water, may result in soil erosion or the movement of
sediment into waters, wetlands or storm sewers or onto adjacent property. LAND-
DISTURBING ACTIVITY includes but is not limited to the demolition of a structure or
surface, soil stripping, clearing, grubbing, grading, excavating, filling and the storage of
soil or earth materials. The term does not include normal farming practices as part of an
ongoing farming operation.
LANDLOCKED BASIN. A water basin lacking an outlet at an elevation at or below
the water level produced by the critical duration flood event, generally the ten-day
snowmelt event.
LOW ENTRY ELEVATION. The elevation of the lowest opening in a structure.
LOW FLOOR ELEVATION. The elevation of the lowest floor of a habitable or
uninhabitable structure, which is often the elevation of the basement floor or walk-out
level.
MILL, RECLAMATION AND OVERLAY. Removal of the top layer(s) of an
impervious surface (e.g. roadway, parking lot, sport court) by mechanical means,
followed by the placement of a new layer of impervious surface, without exposure of the
underlying native soil.
8
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT. A permit issued by the Minnesota Pollution
Control Agency that authorizes the discharge of pollutants to the waters of the state.
NATIONWIDE URBAN RUNOFF PROGRAM (NURP). Urban Runoff Program
developed by the Environmental Protection Agency to study stormwater runoff from
urban development.
ORDINARY HIGH WATER LEVEL (OHWL). The highest water level elevation that
has been maintained for a sufficiently long period of time to leave evidence upon the
landscape. The OHWL is commonly that point where the natural vegetation changes
from predominantly aquatic to predominantly terrestrial. If an OHWL has been
established for a waterbody by the Minnesota Department of Natural Resources, it will
constitute the OHWL under this definition.
OWNER. The person or party possessing the title of the land on which the
construction activities will occur; or if the construction activity is for a lease, easement,
or mineral rights license holder, the party or individual identified as the lease, easement,
or mineral rights license holder; or the contracting government agency responsible for
the construction activity.
POLLUTANT. A substance that pollutes something, especially water or the
atmosphere.
PUBLIC LINEAR PROJECT. A project involving a roadway, sidewalk, trail or utility
not part of an industrial, commercial, institutional or residential development.
RECONSTRUCTION. Removal of an impervious surface such that the underlying
structural aggregate base is effectively removed and the underlying native soil exposed.
REGIONAL FLOOD. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected
to occur on an average frequency in the magnitude of the 1% chance or 100-year
recurrence interval. REGIONAL FLOOD is synonymous with the term BASE
FLOOD used in the Flood Insurance Study.
SEASONAL HIGH WATER TABLE. The highest known seasonal elevation of
groundwater as indicated by redoximorphic features such as mottling within the soil.
SATURATED SOIL. The highest seasonal elevation in the soil that is in a reduced
chemical state because of soil voids being filled with water. Saturated soil is evidenced
by the presence of mottled features or other information.
SEDIMENT CONTROL. Methods employed to prevent sediment from leaving the
site. SEDIMENT CONTROL practices include silt fences, sediment traps, earth dikes,
drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet
protection, and temporary or permanent sedimentation basins.
SHORELAND. Land located within the following distances from the ordinary high
water elevation of public waters:
9
(a) Land within 1,000 feet from the normal high watermark of a lake, pond or
flowage; and
(b) Land within 300 feet of a river or stream or the landward size of a floodplain
delineated by ordinance on the river or stream, whichever is greater.
STABILIZED. The exposed ground surface has been covered by appropriate
materials such as mulch, staked sod, riprap, erosion control blanket, mats or other
material that prevents erosion from occurring. Applying mulch, hydromulch, tackifier,
polyacrylamide, or similar erosion prevention practices is not acceptable stabilization in
temporary or permanent drainage ditches or areas where concentrated overland flow
occurs. Grass seeding is not stabilization.
STANDARD PLATES. General drawings having or showing similar characteristics or
qualities that are representative of a construction activity or practice.
STORM SEWER. A pipe system for stormwater conveyance.
STORMWATER. Defined under Minn. Rules 7077.0105, Subd. 41(b), meaning
precipitation runoff, stormwater runoff, snowmelt runoff, and any other surface runoff
and drainage.
STORMWATER FACILITY, PRIVATE. Any BMP that is maintained by a private
property owner, or other private entity and not maintained by a public agency.
STORMWATER MANAGEMENT PLAN. A plan for the permanent management and
control of runoff prepared and implemented in accordance with the standards set forth
in this chapter.
STORMWATER POLLUTION PREVENTION PLAN. A document which describes the
best management practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to eliminate or
reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or
waterbodies to the maximum extent practicable.
STORMWATER POND. Constructed basins placed in the landscape to capture
stormwater runoff.
SUBDIVISION. The legal separation of an area, parcel, or tract of land under single
ownership into two or more parcels, tracts, lots.
SURFACE WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, and irrigation systems
whether natural or artificial, public or private.
UNDERGROUND WATERS. Water contained below the surface of the earth in the
saturated zone including, without limitation, all waters whether under confined,
unconfined, or perched conditions, in near surface unconsolidated sediment or regolith,
or in rock formations deeper underground. The term GROUND WATER shall be
synonymous with underground water.
WATER QUANTITY BEST MANAGEMENT PRACTICE. The use of on-site runoff
management practices such as biofiltration, infiltration, buffers/conservation areas,
10
impervious disconnection, and greenway connections to satisfy stormwater
management requirements.
WATERS OF THE STATE. As defined in M.S. § 115.01, Subd. 22,103G.005, Subd.
17 means surface or underground waters, except surface waters that are not confined
but are spread and diffused over the land. Waters of the state includes boundary and
inland waters.means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other
bodies or accumulations of water, surface or underground, natural or artificial, public or
private, which are contained within, flow through, or border upon the state or any portion
thereof.
WETLAND. Land transitional between terrestrial and aquatic systems, as defined in
M.S. § 103G.005, Subd. 19.
(Ord. 09-15, passed 10-26-2015)
§ 1011.007 APPLICABILITY.
All land land-disturbing activity may be subject to standard erosion and sediment
control BMPs. A grading, erosion and sediment control permit and/or a stormwater
management permit shall be required for projects that meet or exceed the thresholds
established in §§ 1011.009 010 and 1011.010011.
(Ord. 09-15, passed 10-26-2015)
§ 1011.008 EXEMPTIONS.
The following land land-disturbing activities will be exempt from the grading, erosion
and sediment control and stormwater management permit requirements of this chapter:
(1) Cemetery graves;
(2) Routine agricultural activity such as tilling, planting, or harvesting of
agricultural, horticultural, or silvicultural (forestry) crops; and
(3) Emergency work necessary to protect life, limb, or property.
(Ord. 09-15, passed 10-26-2015)
§ 1011.009 TECHNICAL REFERENCES.
The following documents shall be used for technical reference:
(1) The Lino Lakes Surface Water Management Plan.
(2) The Lino Lakes Engineering Design Details.
(3) The Lino Lakes Standard City Specifications.
(4) The Rice Creek Watershed District (RCWD) Rules.
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(5) The Vadnais Lakes Area Watershed Management Organization (VLAWMO)
Rules.
(Ord. 09-15, passed 10-26-2015)
§ 1011.010 GRADING, EROSION AND SEDIMENT CONTROL REQUIREMENTS.
(1) Grading, erosion and sediment control (ESC). A grading, erosion and
sediment control (ESC) permit including a grading, erosion and sediment control plan
shall be required for all proposed land land-disturbing activity unless otherwise
exempted in this chapter that meets any or all of the following:
(a) Includes excavation, filing, or stockpiling of erodible material in excess of 50
cubic yards per acre;
(b) Involves the laying, repairing, replacing, or enlarging of an underground utility,
pipe or other facility, or the disturbance of road ditch, grass swale, or other open
channel for a distance of 500 feet or more;
(c)(b) Disturbs more than one acre of land or 10,000 square feet if any part of
the disturbed area is within 300 feet of a lake, stream or wetland and drains towards it;
and/or
(d)(c) A land land-disturbing activity, regardless of size, that the city determines
is likely to cause an adverse impact to an environmentally sensitive area or other
property.
(2) Grading, erosion and sediment control plan design standards. Grading,
erosion and sediment control plans must comply with the following criteria:
(a) All plans shall be consistent with national pollutant discharge elimination
permit (NPDES) requirements, the city engineering design standards, the Lino Lakes
stormwater detail plates, and the filing or approval requirements of Rice Creek
Watershed District, Vadnais Lakes Watershed Management Organization, Anoka
County, Minnesota Department of Natural Resources, Minnesota Department of
Transportation, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers,
State of Minnesota Stormwater Manual or other regulatory agencies;All site erosion
and sediment control practices shall be consistent with Minnesota Pollution Control
Agency document “Protecting water Quality in Urban Areas (1994) as amended and
City of Lin Lakes General Specifications and Standard Detail Plates for Street and
Utility Construction (January 2022 or current addition, as amended.
(b) Natural site topography and soil conditions must be specifically addressed to
reduce erosion and sedimentation during construction and after project completion;
(c) Site erosion and sediment control practices must be consistent with the
Minnesota Pollution Control Agency document Protecting Water Quality in Urban Areas
(2000), as amended, city-specific written design guidance, and be sufficient to retain
sediment on-site;
(d)(c) The project must be phased as best as possible to minimize disturbed
areas and removal of existing vegetation until necessary for project progress;
12
(e)(d) The city may require additional erosion and sediment control measures on
areas with a continuous slope leading to a sensitive, impaired or special water body,
stream, ditch or wetland to assure retention of sediment on site;
(f) When site restrictions do not allow for a temporary sediment basin or less
than the required acreage is being developed, temporary sediment basins, where
appropriate, are encouraged. They are not required in areas with steep slopes, highly
erodible soils, or to take equivalent measures such as smaller basins, check dams, and
vegetated buffer strips;
(g)(e) The plan must include conditions adequate to protect facilities to be used
for post-construction stormwater infiltration;
(h) The plan must include conditions to minimize off-site sediment transport on
trucks and equipment, such as rock entrances;
(i) The plan must minimize work in and adjacent to water bodies and wetlands;
(j) Stable slopes shall be maintained throughout the construction process.
(k) Steep slopes and the need for high cuts and fills shall be avoided (no
slopes greater than 3(h): 1(v), except as approved by the City Engineer).
(l)(f) Protection shall be provided to minimize disturbance to surrounding soils,
root systems and trunks of trees adjacent to site activity that are intended to be left
standing.
(m)(g) Compaction of site soils shall be minimized.
(n)(h) All imported materials shall be approved by the City Engineer prior to
placement on the site.
(o)(i) Appropriate on-site containment must be provided for all trash, solid
waste, construction debris, floating debris, and hazardous materials. Disposal of
collected sediment shall be deposited only in approved locations.
(3) Grading, erosion and sediment control (ESC) required exhibits. The plan shall
be prepared and signed by a duly licensed professional engineer in the State of
Minnesota. The following exhibits must accompany the permit application: two plan
sets, full size (22 inches by 34 inches); and one electronic copy in a .pdf format.one
plan set, reduced to maximum size of 11 inches by 17 inches. Additional copies may be
required in accordance with applicable zoning and subdivision provisions of city code.
All plan sets shall also be submitted electronically in a .dwg format or as otherwise
determined by the City Engineer. The minimum requirements of the grading, erosion,
and sediment control plan shall be consistent with the most recent version of the
NPDES permit requirements and include the following information:
(a) Project name and type (residential, commercial, industrial, road construction,
or other)and location;
(b) Project location;
(c)(b) Address, cCounty parcel identification number (and legal description of the
property);
13
(d)(c) Names and addresses of the record owner, developer, land surveyor,
engineer, designer of the plat, and any agents, contractors, and subcontractors who will
be responsible for project implementation, including the name, address and phone
number of the party responsible for maintenance of all erosion and sediment control
measures;
(e)(d) Tabulation of construction implementation schedule, including: estimated
start date, time frames, and schedules for each construction phase, and completion
date;
(f)(e) Copies of permits or permit applications required by any other government
entity or agencies including mitigation measures required as a result of any review for
the project (e.g., wetland mitigation, EAW, EIS, archaeology survey);
(g)(f) Existing conditions map. An existing topographic site map, drawn to a
legible scale and clearly labeled with a north arrow and date of preparation. The plan,
based on a certificate of survey, shall include the following information:
1. Property lines and lot dimensions;
2. Existing zoning classifications for land within and abutting the
development, including shoreland, floodway, floodway fringe, or general floodplain, and
other natural resource overlay districts;
3. All buildings and outdoor uses including all dimensions and setbacks;
4. All public and private roads, interior roads, driveways and parking lots;
5. Show ordinary high water marks water levels of all navigable waters, 100-
year critical flood duration event elevations, and delineated wetland boundaries, if any.
If not available, appropriate flood zone determination or wetland delineation, or both,
may be required at the applicant's expense;
6. Identify all special waters and impaired waters, as identified in the most
recent listing by the MPCA, within one mile of the project that receive runoff from the
project;
7. Location of drainage areas, existing storm sewer facilities, including pipes,
manholes, catch basins, ponds, swales and drainage channels within 100 feet of the
subject property. Existing pipe sizes, grades, rim and invert elevations, and normal and
high water elevations must be included;
8. Existing contours at one foot intervals, shown as dashed lines for the
subject property and extending 100 feet beyond the outside boundary of the proposed
plat;
9. Location of any Ssteep slopes where areas with have an average slope of
more than 12% over a distance of at least 50 feet, or bluff areas as defined in the
shorelandShoreland ordinance, whichever is applicable; and
10. Location of Wwooded areas, high quality native plant communities, or
other officially designated natural resource areas.
(h)(g) Proposed conditions map.
14
1. Maps identifying areas discussed in (3)(gf)1. through (gf)10. of this
section.
2. Location, size, and approximate grade of proposed public sewer and
water mains.
3. Elevations, sections, profiles, and details as needed to describe all natural
and artificial features of the project.
4. Proposed grade contours at one-foot intervals shown as solid lines.
5. An estimate of the total volume (cubic yards) of materials proposed to be
imported to or exported from the site.
6. Provisions for groundwater management (dewatering), including
subsurface drains, disposals, ponding and flood controls.
7. Spot elevations at drainage break points and directional arrows indicating
site swale and lot drainage.
8. Proposed lot lines, lot and block numbers, building style, building pad
location and elevations at the lowest floor and garage slab, if applicable, for each lot.
9. Locations, sizes, grades, rim and invert elevations of all proposed
stormwater facilities, including ponds, proposed to serve the subject property.
10. The location of all oversize, non-typical easements including conservation
easements, if applicable.
11. Show the boundary of the 100-year flood elevations of all waterbodies.
12. Locations of all stormwater management practices, infiltration areas, and
areas not to be disturbed during construction.
13. Normal water level, high water level, and emergency overflow elevations
for the site and all associated ponding systems.
14. Location of areas where construction will be phased to minimize duration
of exposed soil areas. Include map and calculations as necessary of areas of grubbing,
clearing, tree removal, grading, excavation, fill, and other disturbance; areas of soil or
earth material storage; quantities of soil or earth material to be removed, placed, stored,
or otherwise moved on site, and delineated limits of disturbance.
15. Location and type of all temporary and permanent erosion prevention,
sediment control, stormwater runoff, and soil stabilization BMPs, along with procedures
to be used to establish additional temporary BMPs as necessary for the site conditions
during construction. Standard plates and/or specifications for the BMP's used on the
project must be included in the final plans and specifications for the project. Location
and design of temporary sediment basins where ten acres or more (five acres or more
for special or impaired waters) are disturbed and drained to a single point. When site
restrictions do not allow for a temporary sediment basin or less than the required
acreage is being developed, temporary sediment basins where appropriate are
encouraged, but not required in areas with steep slopes or highly erodible soils or to
15
take equivalent measures such as smaller basins, check dams, and vegetated buffer
strips.
16. Methods to be used for final stabilization of all exposed soil areas.
17. Documentation that the project applicant has applied for the NPDES
permit from the Minnesota Pollution Control Agency (MPCA), when applicable.
18. A stormwater pollution prevention plan for projects that require an NPDES
permit.
(4) Construction activity requirements. Any activity subject to a permit under this
chapter must conform to the standards of the NPDES general permit regarding
construction-site erosion and sediment control.
(5) Inspections. (See also § 1101.011.)
(a) The applicant shall be responsible for inspection, maintenance and
effectiveness of all erosion and sediment control measures until final soil stabilization is
achieved.
(b) The city may inspect the project site and require the applicant to provide
additional erosion control measures as it determined conditions warrant.
(6) Final stabilization.
(a) Erosion and sediment control measures must be maintained until final
vegetation and ground cover is established to a density of 70% over the entire pervious
surface area.
(b) All temporary erosion and sediment control BMPs will be removed, by owner,
after all disturbed areas have been permanently stabilized.
(Ord. 09-15, passed 10-26-2015)
§ 1011.011 STORMWATER MANAGEMENT REQUIREMENTS.
(1) Stormwater management. A permit incorporating an approved stormwater
management plan shall be required for all proposed land development activity including
public linear projects, unless otherwise exempted in this chapter, which meets any or all
of the following:
(a) A development, redevelopment or reconstruction, except public linear
projects, that creates or reconstructs 10,000 square feet or more of impervious surface,
including smaller individual sites that are part of a common plan of development that
may be constructed at different times.
(b) A subdivision of an area exceeding one acre. This includes subdivision for
single-family residential, multi-unit residential, commercial, industrial, or institutional
development.
(c) For public linear projects, a permit is required when one or more acres of
impervious surface will be to created or reconstructed 10,000 square feet or more of
16
impervious surface through multiple phases or connected actions of a single project, as
defined by the city.
(d) The site is within the 100-year floodplain; within 1,000 feet of a public water or
protected wetland; impacts a wetland; and/or within 300 feet of Rice Creek, Clearwater
Creek, Hardwood Creek, or a public ditch.
(e)(d) Any land land-disturbing activity, regardless of size, that the city
determines would otherwise cause an adverse impact to an environmentally sensitive
area or other property including areas within floodplain and shoreland districts.
(2) Exceptions
(f)(a) A permit is not required for single family residential construction on an
individual lot of record, if the proposed impervious surface of the lot is less than 10,000
square feet, excluding the driveway. Stormwater management requirements do not
apply to development of an individual lot within a residential subdivision if it conforms to
an approved development plan.
(g)(b) Stormwater management requirements do not apply to sidewalks and
trails ten feet wide or less that are bordered down-gradient by vegetated open space or
vegetated filter strip with a minimum width of five feet, however the grading, erosion and
sediment control requirements are still effective.
(h)(c) Stormwater management requirements do not apply to bridge spans, mill,
reclamation and overlay projects that do not expose underlying soils.
(i) Stormwater Management Requirements do not apply to bridge span projects,
however grading, erosion and sediment control requirements are still effective.
(d) Stormwater Management Requirements do not apply to single family
residential subdivisions creating seven or fewer lots that:
1. Establish no new public roadway; and
2. Includes no private roadway/driveway serving three or more lots
(2)(3) Stormwater management performance standards. Site plans for new
development of any kind will be assessed for stormwater quantity control and
stormwater quality managementA stormwater management plan shall be submitted with
the permit application for a project equaling or exceeding the threshold of Section
1011.011 (1). . The plan shall be designed general policy on stormwater runoff rates is
to reduce the impacts of development by maintaining predevelopment hydrological
conditions in the following ways:
(a) Use of natural topography. The applicant shall incorporate the use of natural
topography and land cover such as natural swales and depressions as they exist before
development to the degree that they can accommodate the additional flow of water
without compromising the integrity or quality of the receiving waterbody.
(b) Minimize impact to natural features. The development shall minimize impact
to significant natural features. Applicant shall review the site for natural features
protected under city, state or Federal federal requirements, including steep slopes,
wetlands, wooded areas, endangered or threatened species, or species of concern
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habitat, areas designated by the county biological survey, greenways, parks and open
space, groundwater recharge areas, wellhead or surface water protection areas or
regional stormwater pond locations.
(c) Conveyance system. Wherever possible untreated and treated stormwater
runoff shall be conveyed in facilities open to the atmosphere (e.g. swales, vegetated
buffer strips, energy-dissipating structures, and the like) rather than through enclosed
pipes, so as to decrease runoff velocity, allow for natural infiltration, allow suspended
sediment particles to settle, and to remove pollutants.
(d) Proposed development design shall:
1. Maintain or decrease runoff volume, where practicable as determined by
the City Engineer;
2. Decrease erosion and sedimentation;
3. Maintain or decrease flow frequency, duration, and peak runoff rates;
4. Increase infiltration (groundwater recharge) or filtration;
5. Maintain existing flow patterns;
6. Reduce time to peak flows by increasing the time of concentration to and
through storm sewers;
7. Provide storage of stormwater runoff on site;
8. Avoid channel erosion;
9. The proposed project must not adversely affect water level off the site
during or after construction; and
10. The proposed activity may not reduce hydraulic efficiency of the drainage
ways at any point up-gradient of the applicant's parcel boundary.
10.11. A combination of Stormwater BMPs may be used to meet the
requirements of section(s) 6, 7, or 8
(e) Landlocked basins. A landlocked basin may be provided an outlet only if it:
1. Retains a hydrologic regime that complies with the requirements of the
local governmental unit (LGU) responsible for administration of the Wetland
Conservation Act (WCA);
2. Provides sufficient dead storage volume to retain back to back 100-year,
24-hour rainfalls and runoff; and
3. Does not create adverse downstream flooding or water quality conditions
as a result of increased discharge rate or volume, or other factors.
(f) All plans shall be consistent with National Pollutant Discharge Elimination
permit (NPDES) requirements, the Lino Lakes engineering design standards, the Lino
Lakes stormwater design standards, and the filing or approval requirements of Rice
Creek Watershed District, Vadnais Lakes Watershed Management Organization, Anoka
County, Minnesota Department of Natural Resources, Minnesota Department of
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Transportation, Minnesota Pollution Control Agency, U.S. Army Corps of Engineers,
State of Minnesota Stormwater Manual or other regulatory agencies.
(3)(4) Stormwater management plan modeling requirements. The City adopts by
reference RCWD Rule C4. Modeling for Stormwater Management Plans, as
amended.
A hydrograph method or computer program based on Natural Resources
Conservation Service Technical Release #20 (TR-20) and subsequent guidance
must be used to analyze stormwater runoff for the design or analysis of flows and
water levels within and off the project site. Composite curve numbers shall not
include directly connected impervious surfaces.
(b) In determining curve numbers to model runoff in the post-development
condition, the hydrologic soil group (HSG) of areas within construction limits is to be
shifted down one classification (or one-half classification for HSG A) to account for the
impacts of grading on soil structure unless the project specifications incorporate soil
amendments in accordance with Rice Creek Watershed District Soil Amendment
guidelines.
(c) The following curve numbers (Table 1) shall be utilized for modeling of those
site areas not covered by impervious surface:
Table 1. Curve numbers for use with pervious areas
Hydrologic
Soil Group
Existing
Runoff Curve
Number *
Post-Construction Runoff Curve
Number**
Undisturbed
Land
Disturbed
Land
A 39 39 49
B 61 61 74
C 74 74 80
D 80 80 80
* Curve numbers from USDA-NRCS, Technical Release 55
** Rice Creek Watershed District 2013 Rules
The analysis of flood levels, storage volumes, and discharge rates for
waterbodies and stormwater management basins must include the NOAA Atlas 14
values, as amended, for the two-year, ten-year and 100-year return period, 24-hour
rainfall events and the ten-day snowmelt event, in order to identify the critical duration
flood event. The ten-day snowmelt event is simulated by a 7.2 inch, ten-day spring
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runoff event during which it is assumed the ground is frozen solid and no infiltration
occurs (CN set to 100 for all areas). The City Engineer may require analysis of
additional precipitation durations to determine the critical duration flood event. Analysis
of the ten-day snowmelt event is not required for stormwater management detention
basins with a defined outlet elevation at or below the 100-year, 24-hour event elevation.
(4)(5) Water quality treatment. The City Adopts by reference RCWD Rule C6. Water
Quality Treatment as amended.
(d) Land development activities creating impervious surface shall address the
use of better site design (BSD) techniques as outlined in the better site design and low
impact development sections of the Minnesota Stormwater Manual (MPCA, 2014 and
subsequent revisions).
(e) The water quality treatment volume standard for all projects, except public
linear projects, is determined as follows (Table 2):
Table 2. Required quality volume calculations for new or reconstructed
developments
BMP BMP Design
Variation
Water Treatment Volume
Calculation [ft3]
Infiltration Infiltration
Feature
Impervious surface [ft2] * 1.1 [in] /12
[in/ft]
Water Reuse Irrigation Impervious surface [ft2] * 1.1 [in] / 12
[in/ft]
Biofiltration Underdrain Impervious surface [ft2] * 1.1 [in] /
(0.65 * 12 [in/ft])
Filtration Sand or Rock
Filter
Impervious surface [ft2] * 1.1 [in] /
(0.50 * 12 [in/ft])
Stormwater
Wetlands
Shallow Wetland Impervious surface [ft2] * 1.1 [in] /
(0.40 * 12 [in/ft])
Pond/Wetland Impervious surface [ft2] * 1.1 [in] /
(0.55 * 12 [in/ft])
Stormwater
Pond
Wet Pond Impervious surface [ft2] * 1.1 [in] /
(0.50 * 12 [in/ft])
Multiple Pond Impervious surface [ft2] * 1.1 [in] /
(0.60 * 12 [in/ft])
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(f) The required water quality treatment volume standard for public linear
projects is determined as follows:
Require
d Water Quality
Treatment
Volume [ft 3]
= Area of
New or
Reconstructe
d Impervious
Surface [ft2]
x 0.7
5 [in]
÷ 1
2 [in/ft]
(g) Public linear projects shall meet the requirements of the Rice Creek
Watershed District (RCWD) or Vadnais Lakes Area Water Management Organization
(VLAWMO) as applicable.
(h) Infiltration BMPs (see city BMP standard plates and design criteria) are to be
incorporated in areas with A and B hydrologic soil groups. Stormwater from impervious
surfaces other than rooftops must be pretreated before discharge to infiltration BMPs, to
remove sediment and floatables, or other materials that would restrict the BMP's
capacity or contaminate ground water.
(i) If the project meets any of the following conditions listed in Table 3, infiltration
is prohibited and the water quality volume requirements shall be provided the remaining
options in Table 2:
Table 3. Specific conditions that may restrict inflitration.
Type Specific Site Conditions
Potential Contamination
Potential stormwater hotspots
[PSH]
Contaminated soils
Vehicle fueling and maintenance
areas
Physical Limitations
Low permeability soils [HSG C and
D]
Bedrock within three vertical feet of
bottom of infiltration area
Seasonal high water table within
three vertical feet of bottom of infiltration
area
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Where soil infiltration tests are
more than 8.3 inches per hour
Land Use Limitations Utility locations
Adjacent wells
BMPs must provide infiltration where feasible. If the city concurs that the
infiltration BMPs are not feasible or directs that infiltration not be used, then any BMP
may be chosen. If infiltration is feasible on-site, then a regionally-sited BMP must
provide equivalent runoff volume reduction.
(5)(6) Peak stormwater runoff control. The City adopts by reference RCWD Rule
C7. Peak Stormwater Runoff Control as amended.
(a) Stormwater runoff rates for the proposed project at the site boundary, in
aggregate, must not exceed existing runoff rates for the critical two-, ten-, and 100-year
frequency events.
(j) Any increase in a critical event rate at a specific point of discharge from the
site must be limited and cause no adverse down gradient impact. The project must meet
the hydroperiod standards found in Table 4 with respect to all down-gradient wetlands.
Table 4. Hydroperiod standards
Wetland
Susceptibility
Class
Permitted
Storm Bounce for
2-year and 10-year
Event*
Inundation
Period for 2-year
Event*
Inundation
Period for 10-year
Event*
Highly
Susceptible
Existing Existing Existing
Moderately
Susceptible
Existing +
0.5 ft
Existing + 1
day
Existing + 7
days
Slightly
Susceptible
Existing +
1.0 ft
Existing + 2
days
Existing +14
days
Least
Susceptible
No Limit Existing + 7
days
Existing + 21
days
* Duration of 24-hours for the return periods utilizing NOAA Atlas 14
precipitation data. Source: Adapted from Rice Creek Watershed District 2013 Rules.
Wetland Susceptibility Class is determined based on wetland type, as follows:
Highly susceptible wetland types include: sedge meadows, bogs, coniferous
bogs, open bogs, calcareous fens, low prairies, coniferous swamps, lowland hardwood
forests, and seasonally flooded water basins.
Moderately susceptible wetland types include: shrub-carrs, alder thickets, fresh
(wet) meadows, and shallow and deep marshes.
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Slightly susceptible wetland types include: floodplain forests and fresh wet
meadows or shallow marshes dominated by cattail giant reed, reed canary grass or
purple loosestrife.
Least susceptible wetland includes severely degraded wetlands. Examples of
this condition include cultivated hydric soils, dredge/fill disposal sites and some gravel
pits.
Exceptions. Rate control criteria of division (5) may be waived if the site
discharges directly to a water body with large storage capacity (such as a public water)
that has a time-to-peak elevation greater than that for an on-site pond and the volume
discharged from the on-site pond is negligible, relative to the volume of runoff entering
the water body.
(6)(7) Design criteria. Best Management Practices shall be designed in accordance
with the following standards:
(a) Infiltration BMPs. Infiltration BMPs must be designed to provide:The City
adopts by reference RCWD Rules C.9.(a) as amended.
1. Adequate pretreatment measures to remove sediment before runoff enters
the primary infiltration area;
2. Drawdown within 48-hours or 72-hours from the end of a storm event, for
surface or sub-surface features, respectively. Soil infiltration rates shall be based on the
appropriate HSG classification and associated infiltration rates (Table 5). Infiltration area
will be limited to the horizontal areas subject to prolonged wetting;
Table 5. Soil Infiltration Rates.
HSG Soil
Tecture*
Corresponding Unified
Soil Classification**
Infiltration
Rate
[in/hr]
A Gravel
Sandy
Gravel
Silty
Gravel
GW Well-graded
gravels, sandy
gravels
1.63
GP Gap-graded or
uniform
gravels, sandy
gravels
GM Silty Gravels,
silty sandy
gravels
SW Well-graded or
uniform sands,
gravelly sands
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Sand
Loamy
Sand
Sandy
Loam
SP Gap-graded or
uniform sands,
gravelly sands
0.8
B Loam
Silt
Loam
SM Silty sands,
silty gravelly
sands
0.45
MH Micaceous
silts,
diatomaceous
silts volcanic
ash
0.3
C Sandy
Clay
Loam
ML Silts, very fine
sands, silty or
clayey fine
sands
0.2
D Clay
Loam
Silty
Clay
Loam
Sandy
Clay
Silty
Clay
Clay
GC Clayey
gravels, clayey
sandy gravels
.06
SC Clayey sands,
clayey sandy
gravels
CL Low plasticity
clays, sandy
or silty clays
OL Organic silts
and clays of
low plasticity
CH Highly plastic
clays and
sandy clays
OH Organic silts
and clays of
high plasticity
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Source: Adapted from the "Design Infiltration Rates" table from the Minnesota
Stormwater Manual, MPCA (January 2014).
* U.S. Department of Agriculture, Natural Resources Conservation Service,
2005. National Soil Survey Handbook, title 430-VI. (Online) Available:
http://soils.usda.gov/technical/handbook/. ** ASTM standard D2487-00
3. A minimum of three feet of separation from the seasonal high water table.
4. Design and placement in accordance with the 2007 Minnesota
Department of Health guidance Evaluating Proposed Stormwater Infiltration Projects in
Vulnerable Wellhead Protection Areas.
(b) Water reuse. The City adopts by reference RCWD Rules C.9.(b) as
amended.Water reuse BMPs must be designed to provide:
i design-An maximum irrigation rate of one-inch per week over the irrigated
lawn/turf grass area(s);
ii No greater than a 26 week (April 15 to October 15) growing season; and
2. No increase in stormwater runoff from the irrigated area or project site.
i The amount of water quality treatment volume credit given will be based upon
the three year average of the volume irrigated, determined by the average of three
years of monitoring records.
(c) Biofiltration and filtration BMPs. The City adopts by reference RCWD Rules
C.9.(c) as amended.Biofiltration and filtration BMPs must be designed to provide:
1. Adequate pretreatment measures to remove sediment before runoff enters
the primary biofiltration area;
2. Drawdown within 48-hours or 72-hours from the end of the storm event for
surface or sub-surface features, respectively;
3. A minimum of 12-inches of organic material or sand above the rock trench
or drain tile system; and
4. Drain tile system must be designed above the seasonal high water table.
(d) Stormwater ponds. The City adopts by reference RCWD Rules C.9.(d) as
amended.
(d)(e) Soil Borings. The City adopts by reference RCWD Rules C.9.(e) as
amended.Stormwater ponds must be designed to provide:
1. Water quality features consistent with NURP criteria and city standard
plate;
2. Permanent wet pool with dead storage at least equal to the runoff from a
two and one half inch rainfall over the area tributary to the pond
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3. An outlet structure capable of preventing migration of floating debris and
oils for at least the one-year storm.
4. An outlet structure to control the two-year, ten-year and 100-year
frequency events to existing peak runoff sites; and
5. An identified overflow spill way sufficiently stabilized to convey flows
greater than the 100-year critical storm event.
(e)(f) Outfalls. An outfall structure discharging to a wetland, public water or
public water wetland must incorporate a stilling-basin, surge-basin, energy dissipater,
placement of ungrouted natural rock riprap or other feature to minimize disturbance and
erosion of natural shoreline and bed resulting from stormwater dischargesThe City
adopts by reference RCWD Rules C.9.(f) as amended.
(f)(g) Freeboard requirements. All new residential, commercial, industrial and
other habitable or non-habitable structures, and all stormwater basins, must be
constructed so that the lowest floor and lowest entry elevations of structures comply
with the following:Table 1.
Table 1. Low floor and low entry freeboard requirements
Regional
Flood
Elevations
Local Detention
Basins &
Wetlands
Infiltration Basins Rain
Gardens
Groundwater1
Elevation 100 year EOF 100
year
EOF Bottom 100
year
EOF EOF Seasonal High
Level
Low Floor
Freeboard
2–ftft. 1-ft 0-ft N/A 0-ft N/A N/A N/A 4-ft
Low Entry
Freeboard
N/A N/A 2-ft 1-ft N/A 2-ft 1-ft 0.5-ft N/A
1 The seasonal high groundwater level shall be determined within 12 months of proposed construction
of the structure by a soil scientist or geotechnical engineer registered in the State of Minnesota as
indicated by redoximorphic features such as mottling within the soil or by direct groundwater
observation.
(g)(h) Within a landlocked basin, lowest floor elevations must be at least one
foot above the surveyed basin overflow elevation. Where a structure is proposed below
the runoff elevation of a land-locked basin, the low- floor elevation will be a minimum of
two feet above the high water level as determined from an estimate of high water levels
determined from the highest of either the 100-year, ten-day runoff event or back-to-back
100-year, 24-hour rainfalls. Aerial photos, vegetation, soils, and topography will be used
to derive a "normal" water elevation for the basin for the purpose of computing the 100-
year elevation.
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(7)(8) Drainage and utility easements.
(a) If a stormwater management plan involves direction of some or all runoff off of
the site, it shall be the responsibility of the applicant to obtain from adjacent property
owners any necessary easements or other property interests concerning flowage of
water.
(b) Easements are required for all stormwater management facilities, stormwater
conveyances and on-site floodplain and shall extend a minimum of ten feet beyond the
basin's normal water level or the 100-year storm high water level elevation, whichever
is greater.
(c) Easements are required for all outlet swales and ditches, and for overland
overflow routes located downstream of basins located on site.
(d) If the storm sewer is to be installed less than ten feet deep within private
property, the easement shall be a minimum of 20 feet wide. If the storm sewer is ten
feet or greater, the easement shall be twice as wide as the depth.
(e) Easements necessary for maintenance vehicle access are required for all of
the above where not directly available on a public road.
(9) Wetlands. Runoff shall not be routed directly to wetlands without first passing
through an appropriate settling or approved pre-treatment basin. Said basins must
meet standards for volume and flow directed to the basin.
(a) A protective buffer strip of natural vegetation shall surround all wetlands as
follows:
1. Where RCWD is the Local Government Unit (LGU) for administration of
the Minnesota Wetland Conservation Act (WCA) the City adopts RCWD Rule F.6.(e), as
amended. Wetlands not subject to RCWD Rule F.6. (e) shall have a minimum buffer
width of 10’.
2. Where Vadnais Lakes Area Water Management Organization (VLAWMO)
is the LGU for administration of WCA, the City adopts VLAWMO Water Quality
Standards Section 11, as amended.
(b) Wetlands must not be drained, filled, or altered, wholly or partially, unless in
compliance with and permitted under the most current rules adopted by the Minnesota
Board of Water and Soil Resources in the Wetland Conservation Act (WCA). Wetland
replacement must be guided by the following principles in descending order:
1. Avoidance.
2. Minimization.
3. Mitigation.
(c) Permits to work in wetlands must be obtained from the local water
management organizations, acting as local governmental units (LGU), with respective
jurisdiction with the City of Lino Lakes to administer the WCA.
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(d) Permanent boundary markers, in the form of signage approved by the City of
Lino lakes, should be installed prior to final approval of the required clearing and
grading plan.
(10) Comprehensive Stormwater Management Plan.The City of Lino Lakes may
develop a comprehensive stormwater management plan (CSMP) as an alternative way
to meet the stormwater requirements of the local watershed agencies for development
within a defined area and a common resource of concern (ROC). The CSMP will be
submitted to the applicable watershed district for review and must comply with the
requirements of the watershed district.
The following Comprehensive Stormwater Management Plans are adopted and in
effect:
(a) Legacy at Woods Edge Development (LWED) CSMP (August 2016): The
LWED is defined as that area within the City of Lino Lakes bounded by I-35W to the
north, Town Center Parkway to the south, and Lake Drive to the west. The following
LWED CSMP policies and regulations supersede portions of Sections 1011.011 within
the LWED as follows:
1. Subpart (5) Water Quality Treatment and Subpart (6) Peak Stormwater
Runoff Control: Private development shall not exceed the impervious areas listed in
Appendix E of the LWED CSMP. If developers choose to exceed the impervious limits,
they will be required to address any additional stormwater requirements within that
parcel at their own expense and demonstrate how the additional runoff will be treated to
meet the applicable Rice Creek Watershed District rules. Any such best management
practices (BMPs) will be considered private and be maintained by the owner/developer
of the parcel.
(b) Northeast Lino Lakes Drainage Area (NEDA) CSMP (September 2018):
The NEDA is defined as that area within the City of Lino Lakes bounded by Main Street
to the south, the City of Hugo to the east, Lake Peltier to the west and Rehbein Street
to the north. The following NEDA CSMP policies and regulations supersede portions of
Section 1011.011 with the NEDA as follows:
1. Subpart (5). Water Quality Treatment: Water quality treatment
requirements shall be met through a variety of measures as is feasible on a regional or
development- by-development basis. On-site infiltration is not feasible for most of the
NEDA due to poor soils, high groundwater and the presence of wetlands. As
development proceeds within the NEDA, developers shall be required to demonstrate
that infiltration is not feasible on-site before utilizing any regional basins or other BMP
alternatives.
2. Subpart (6). Peak Stormwater Runoff Control: Private development shall
be restricted to an allowable flow rate of 0.1 cubic feet per second (cfs) per acre for the
100-year, 24-hour peak discharge rate. This will result in a maximum peak discharge
rate from the NEDA into Peltier Lake of no more than 135 cfs. This restriction may be
met through a combination of rate control practices on a regional or development-by-
development basis.
28
(8) (11) Stormwater management plan required exhibits. The stormwater
management plan shall be prepared and signed by a duly licensed engineer in the State
of Minnesota. The following exhibits must accompany the permit application: two plan
sets, full size (22 inches by 34 inches); and one electronic copy in a .pdf one plan set,
reduced to maximum size of 11 inches by 17 inches. Additional copies may be required
in accordance with applicable zoning and subdivision provisions of city code. Allformat.
All plan sets shall also be submitted electronically in a .dwg format or as otherwise
determined by the City Engineer. The minimum information requirements of the
stormwater management plan shall be consistent with the most recent version of the
NPDES permit requirements and include the following information:
(a) A grading, erosion and sediment control plan and, for projects that require a
NPDES permit, a stormwater pollution prevention plan (SWPPP) is required;
(b) Stormwater management plan including existing and proposed hydrologic
calculations for total runoff volume and peak discharge rates as described in this
chapter, including:
1. A narrative including a project description, discussion of BMP selection,
incorporation of infiltration BMPs, and revegetation plan for the project site;
2. Delineation of all drainage areas, including contributing runoff from off-site
areas, proposed and existing subwatersheds on-site, emergency overflows, and
drainage ways;
3. Existing, proposed, and total amount of impervious surfaces created by
the project;
4. Existing and proposed runoff curve numbers;
5. Time of concentration used in calculations; and
6. Existing and proposed total runoff volume and peak discharge rates for
the two-, ten-, and 100-year critical events utilizing NOAA Atlas 14.
(c) Property of lines and delineation of lands under ownership of the applicant.
(d) Locations of all stormwater management practices, infiltration areas, and
areas not to be disturbed during construction.
(e) Location of all drain tiles on the project site shall be identified.
(f) Location and engineered designs for structural stormwater management
practices including stormwater treatment devices that remove oil and floatable material
(e.g., basin outlets with submerged inlets).
(g) Normal water level, high water level, and emergency overflow elevations for
the site and all ponding systems related to NAVD88.
(h) Identification of existing and proposed one-foot contour elevations within the
project site related to NAVD88.
(i) Geotechnical analysis including soil borings at all proposed stormwater
management facility locations ASTM D5921 and D2488.
29
(j) Provisions for groundwater management (dewatering), including subsurface
drains, disposals, ponding and flood controls.
(k) Completed city Rice Creek Watershed District worksheet explaining better
site design techniques that were evaluated during project design, the results of the
evaluation of each and for any techniques deemed infeasible.
(l) A long-term maintenance plan and schedule for all permanent stormwater
practices, along with the identity of the party responsible for the maintenance of the
project. The maintenance responsibility must be memorialized in a document executed
by the property owner in a form acceptable to the city and filed for record on the deed.
(m) Before work is deemed complete, as-built plans must be submitted
demonstrating that at the time of final stabilization, stormwater facilities conform to
design specifications.
(n) Other project site-specific submittal requirements as may be required by the
city.
(Ord. 09-15, passed 10-26-2015)
§ 1011.012 INSPECTIONS AND MAINTENANCE.
(1) Inspections. The applicant is responsible for inspections and record keeping in
accordance with the NPDES permit requirements. The city shall conduct inspections on
a regular basis to ensure that both stormwater and erosion and sediment control
measures are properly installed and maintained prior to construction, during
construction, and at the completion of the project. In all cases the inspectors will attempt
to work with the applicant or developer to maintain proper stormwater management.
Mandatory inspections, conducted by the city, are required as follows:
(a) Before any land land-disturbing activity begins;
(b) Five working days after footing inspections;
(c) At the completion of the project; and
(d) Prior to the release of financial securities.
(2) Post-construction inspection and maintenance of stormwater facilities.
(a) Private stormwater facilities. No private stormwater facility may be approved
unless a maintenance agreement is provided that defines who will conduct
maintenance, the type of maintenance, and the maintenance intervals. All private
stormwater facilities shall be inspected by the owner and maintained in proper condition
consistent with the performance standards for which they were originally designed.
1. Facility access. Access to all stormwater facilities must be inspected
annually and maintained as necessary. It shall be the responsibility of the applicant to
obtain any necessary easements or other property interests to allow access to the
facilities for inspection or maintenance for both the responsible party and the city.
30
2. Maintenance. All settled materials from ponds, sumps, grit chambers, and
other devices, including settled solids, shall be removed and properly disposed of once
capacity is reduced by 30%.
3. Inspection. All private stormwater facilities must submit an as-built record
plan of the facility and must provide documentation to the city of an inspection during
construction, during the first year of operation, and at least once every five years
thereafter. Private facilities are subject to city inspection at any time to ensure
compliance.
(b) Public stormwater facilities.
1. Acceptance of publicly owned facilities. Before work under the permit is
deemed complete, as-builts and certification must be submitted demonstrating at the
time of final stabilization that the stormwater facilities conform to design specifications.
A final inspection shall be required before the city accepts ownership of the stormwater
facilities.
2. Inventory of stormwater facilities. The city shall inventory and maintain a
database for all public stormwater facilities within the city requiring maintenance to
ensure compliance with this chapter.
(3) Maintenance. The city shall perform maintenance of publicly owned stormwater
facilities within the city as provided for in the local surface water management plan.
(Ord. 09-15, passed 10-26-2015)
§ 1011.013 PLAN REVIEW PROCEDURE.
Plan review. The applicant shall not commence any construction activity subject to
this chapter until the stormwater management plan and/or the grading, erosion and
sediment control plan have been approved by the city. The submittal shall be processed
in accordance with:
Ch. 1007.020 of city code as applicable. § 2 of the Zoning Ordinance or Ch. 1011 of
city code as applicable. City approval is contingent on issuance of all other permits
required by the city or other agencies having jurisdiction on the project. The following
standards shall apply to all developments within the city:
(1) Plan approval. If the city determines that the stormwater management plan
and/or the grading, erosion and sediment control plan meets the requirements of this
chapter, the city shall issue a plan approval valid for a specified period of time that
authorizes the land disturbance activity contingent on the implementation and
completion of this plan.
(2) Plan denial. If the city determines that the plan does not meet the requirements
of this chapter, the city shall not issue plan approval for the land disturbance activity.
This plan must be resubmitted for approval before the land disturbance activity begins.
All land use and building permits shall be suspended until the developer has an
approved ESC or stormwater management permit for ESC or stormwater management.
31
(3) Modification of plan. The applicant must amend the plan as necessary to include
additional requirements such as additional or modified BMPs designed to correct
problems identified or address situations whenever:
(a) A change in design, construction, operation, maintenance, weather, or
seasonal conditions that has a significant effect on the discharge or pollutants to
surface waters or underground waters;
(b) Inspections or investigations indicate the plans are not effective in eliminating
or significantly minimizing the discharge or pollutants to surface waters or underground
waters or that the discharges are causing water quality degradation;
(c) The plan is not achieving the general objectives of minimizing pollutants in
stormwater discharges associated with construction activity; or
(d) The plan is not consistent with the terms and conditions of this chapter.
(Ord. 09-15, passed 10-26-2015)
§ 1011.014 FINANCIAL SECURITIES.
The applicant shall be subject to the financial security provisions of the city
development agreement, site improvement performance agreement and/or the city
public improvement financing policy, as applicable.
(Ord. 09-15, passed 10-26-2015)
§ 1011.015 ENFORCEMENT.
(1) Notification of failure of the permit. The city shall notify the permit holder of the
failure of the permit's measures.
(a) Initial contact. The initial contact will be to the party or parties listed on the
application and/or the SWPPP as contacts. Except during an emergency action, 48
hours after notification by the city or 72 hours after the failure of erosion and sediment
control measures, whichever is less, the city at its discretion may begin corrective work.
Such notification should be in writing, but if it is verbal, a written notification should
follow as quickly as practical. If after making a good faith effort to notify the responsible
party or parties, the city has been unable to establish contact, the city may proceed with
corrective work. There are conditions when time is of the essence in controlling erosion.
During such a condition, the city may take immediate action and then notify the
applicant as soon as possible.
(b) Emergency action. If circumstances exist such that non-compliance with
this chapter poses an immediate danger to the public health, safety and welfare, as
determined by the city, the city may take emergency preventative action. The city shall
also take every reasonable action possible to contact and direct the applicant to take
any necessary action. Any cost to the city may be recovered from the applicant's
financial security.
32
(c) Erosion off site. If erosion breaches the perimeter of the site, the applicant
shall clean up and repair or supplement with functional BMPs within 24 hours of
discovery or immediately as conditions allow. If, in the discretion of the city, the permit
holder does not repair the damage caused by the erosion, the city may do the remedial
work required and charge the cost to the applicant. When restoration to wetlands and
other resources are required, the applicant shall be required to work with the
appropriate agency to ensure that the work is done properly.
(d) Erosion into streets, wetlands, or water bodies. If eroded soils (including
tracked soils from construction activities) enter or appear likely to enter streets,
wetlands, or other water bodies, cleanup and repair shall be immediate. The applicant
shall provide all traffic control and flagging required to protect the traveling public during
the cleanup operations.
(e) Failure to do corrective work. When an applicant fails to conform to any
provision of this policy chapter within the time stipulated, the city may take the
following actions:
1. Issue a stop work order, withhold the scheduling of inspections, and/or the
issuance of a certificate of occupancy.
2. Revoke any permit issued by the city to the applicant for the site in
question or any other of the applicant's sites within the city's jurisdiction.
3. Correct the deficiency or hire a contractor to correct the deficiency.
4. Require reimbursement to the city for all costs incurred in correcting
stormwater pollution control deficiencies. If payment is not made within 30 days after
costs are incurred by the city, payment will be made from the applicant's financial
securities as described above.
5. If there is an insufficient financial amount in the applicant's financial
securities as described above, then the city may assess the remaining amount against
the property. As a condition of the permit, the owner shall waive notice of any
assessment hearing to be conducted by the city, concur that the benefit to the property
exceeds the amount of the proposed assessment, and waive all rights by virtue of M.S.
§ 429.081 to challenge the amount or validity of assessment.
(2) Enforcement. The city shall be responsible for enforcing this chapter.
(a) Penalties. Any person, firm, or corporation failing to comply with or violating
any of these regulations shall be deemed guilty of a misdemeanor and be subject to a
fine or imprisonment or both. All land use and building permits shall be suspended until
the applicant has corrected the violation. Each day that a separate violation exists shall
constitute a separate offense.
(b) Right-of-entry and inspection; powers. The issuance of a permit constitutes a
right-of-entry for the city or its contractor to enter upon the construction site. The
applicant shall allow the city and their authorized representatives, upon presentation of
credentials, to:
1. Enter upon the permitted site for the purpose of obtaining information,
examination of records, conducting investigations or surveys;
33
2. Bring such equipment upon the permitted site as is necessary to conduct
such surveys and investigations;
3. Examine and copy any books, papers, records, or memoranda pertaining
to activities or records required to be kept under the terms and conditions of the
permitted site;
4. Inspect the stormwater pollution control measures; and
5. Sample and monitor any items or activities pertaining to stormwater
pollution control measures;
6. Correcting deficiencies in stormwater and erosion and sediment control
measures.
(Ord. 09-15, passed 10-26-2015)
§ 1011.016 ABROGATION AND GREATER RESTRICTIONS.
In the event of any conflict between the provisions of this chapter and the provisions
of any other city ordinance adopted by the City Council, the more restrictive standard
prevails.
(Ord. 09-15, passed 10-26-2015)
Section 2. Effective Date. This ordinance shall be in force and effect from and after its passage
and publication according to the Lino Lakes City Charter.
Adopted by the Lino Lakes City Council this 9th day of January, 2023.
The motion for the adoption of the foregoing ordinance was introduced by Councilmember
_____________and was duly seconded by Councilmember ___________ and upon vote being
taken thereon, the following voted in favor thereof:
The following voted against same:
____________________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
CITY OF LINO LAKES
RESOLUTION NO. 23-04
APPROVING A SUMMARY OF ORDINANCE NO. 10-22 FOR PUBLICATION
WHEREAS, the C ity Coun cil approved Ordinance No. 10-22, amending Chapter 1011
regulating Stormwater, Erosion and Sediment Control; and
WHEREAS, t he City Council approved the first reading on December 12, 2022, and the second
reading and final passage on January 9, 2023; and
WHEREAS, Ordinance No. 10-22 is lengthy and MN statute 412.191 allows the city to publish
a summary o f an ordinance, and
WHEREAS, the City Council has determined that the summary clearly informs the public of the
intent and effect of t he o rdinance, and
WHEREAS, the publication in the official newspaper will include a notice that a full printed
copy of the ordinance is available at City Hall;
NOW, THEREFORE, BE IT FURTHER RESOLVED by The C ity Council of The City of
Lino Lakes, Minnesota that the City Council approves the summary in Attachment A for
publication according to state law and the City Charter.
Adopted by the Council of the Ci ty of L ino Lakes this 9th day of January, 2023.
The motio n for the adoption of t he foregoing resolution was introduced by Councilmember
_____________ and was duly seconded by Councilmember _____________ and upon vote
being t aken thereon, the following voted in favor thereof:
The following voted against same:
_____________________
Rob Rafferty, Mayor
ATTEST:
________________________
Hannah Lynch, City Clerk
ATTACHMENT A
CITY OF LINO LAKES
SUMMARY OF ORDINANCE NO. 10-22
AN ORDINANCE AMENDING SECTION 1011 RELATING TO THE REGULATION
OF STORMWATER, EROSION AND SEDIMENT CONTROL
Section 1. Amendments. Chapter 1011, Stormwater, Erosion and Sediment Control is hereby
amended by updating regulatory requirements including modification or addition of new
definitions, updating of administrative references, and adoption of certain Rice Creek Watershed
District Rules and Vadnais Lakes Area Water Management Organization rules by reference
within the following sections:
Section
1011.001 Title
1011.002 Findings
1011.003 Jurisdiction
1011.004 Statutory authority
1011.005 Adoption by reference
1011.006 Definitions
1011.007 Applicability
1011.008 Exemptions
1011.009 Reserved
1011.010 Grading, erosion and sediment control requirements
1011.011 Stormwater management requirements
1011.012 Inspections and maintenance
1011.013 Plan review procedure
1011.014 Financial securities
1011.015 Enforcement
1011.016 Abrogation and greater restrictions
Section 2: Effect
This ordinance shall be in force and effect from and after its passage and publication according
to the Lino Lakes City Charter.
Passed by the Lino Lakes City Council on January 9, 2023.
This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at
City Hall.
1
CITY COUNCIL
AGENDA ITEM 6B
STAFF ORIGINATOR: Katie Larsen, City Planner
MEETING DATE: January 9, 2023
TOPIC: Watermark HOA Clubhouse & Public Parking Lot
i. Consider Resolution No. 23-02 Approving Agreement
Repayment for Constructing City Improvements
ii. Consider Resolution No. 23-03 Approving Agreement for
Reciprocal Driveway Easement
VOTE REQUIRED: 3/5
INTRODUCTION
Staff is requesting Council consideration of the above noted Agreements related to the
Watermark HOA Clubhouse and Watermark Park shared driveway and public parking lot.
ANALYSIS
On August 8, 2022, Council approved the Watermark HOA Clubhouse architecture and site
plan with Watermark 5th Addition. On December 12, 2022, Council approved plans and
specifications and authorized for bids for the adjacent Watermark Park. The projects consist of
a shared driveway for the HOA clubhouse and public park.
Agreement Repayment for Constructing City Improvement
U.S. Home, LLC (aka Lennar) will be constructing the HOA clubhouse, HOA parking lot,
shared driveway and Watermark Park public parking lot. The City will reimburse U.S. Home,
LLC the cost of the public parking lot as detailed in the Agreement.
Agreement for Reciprocal Driveway Easement
The City and HOA will share the use and expenses of the shard driveway as detailed in the
Agreement.
RECOMMENDATION
Staff recommend approval of the Agreements.
ATTACHMENTS
1. Resolution No. 23-02
2
2. Agreement Repayment for Constructing City Improvements
3. Resolution No. 23-03
4. Agreement for Reciprocal Driveway Easement
CITY OF LINO LAKES
RESOLUTION NO. 23-02
RESOLUTION APPROVING WATERMARK
AGREEMENT REPAYMENT FOR CONSTRUCTING CITY IMPROVEMENTS
WHEREAS, on August 8, 2022 the City Council passed Resolution No. 22-78 approving the
Watermark HOA clubhouse and site plan; and
WHEREAS, on December 12, 2022 the City Council passed Resolution No. 22-154 approving
plans and specifications and authorized ad for bids for Watermark Park; and
WHEREAS, the projects consist of a shared driveway for the HOA clubhouse and public park;
and
WHEREAS, the Agreement includes two parcels legally described as:
• Outlot C, Watermark 4th Addition
• Lot 1, Block 3, Watermark 4th Addition
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Agreement between U.S. Home LLC 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 9th day of January, 2023.
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:
________________________
Hannah Lynch, City Clerk
{00394869 4} 1
AGREEMENT REPAYMENT FOR CONSTRUCTING CITY IMPROVEMENTS
THIS AGREEMENT (“Agreement”) is made and entered into effective the __ day of ___________,
202__, by and between the City of Lino Lakes, a Minnesota municipal corporation (“City”), and U.S. HOME,
LLC, a Delaware company, as successor-by-conversion to U.S. HOME CORPORATION (“Lennar”).
RECITALS
A. The City owns Outlot C, WATERMARK 4TH ADDITION, according to the recorded Plat thereof
(“City Parcel”).
B. In connection with Lennar’s construction of certain improvements to be located on land adjacent
to the City Parcel, City has requested that Lennar construct the following improvements on the City
Parcel, as more particularly shown on the “Watermark Amenity Center & Public Park Parking-Site
Improvement Plans, prepared by Carlson McCain revision date 12/07/22” (the “Site Improvement
Plans”) or as otherwise revised and approved by the City attached as Exhibit A hereto (collectively,
the “Site Improvements”):
a. The portion of the shared entrance and driveway located on the City Parcel;
b. The parking lot located on the City Parcel, together with curbing, striping, landscaping,
and other related improvements to the parking lot as shown on the Site Improvement Plans;
and
c. The sidewalk located on the City Parcel that runs along the north-easterly boundary of the
parking lot on the City Parcel, to the point of connection with the sidewalk to be located
on the HOA Clubhouse Lot all as shown on the Site Improvement Plans.
C. Lennar has agreed to construct the Site Improvements per the Site Improvement Plans on the City
Parcel, subject to the City reimbursing Lennar for the costs thereof in accordance with this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and the matters set forth in this Agreement, the
City and Lennar agree as follows.
1. Lennar hereby agrees to construct the Site Improvements in accordance with the Site Improvement
Plans or as otherwise expressly approved by the City. The City hereby agrees to reimburse Lennar for the
actual out-of-pocket costs incurred by Lennar in constructing the Site Improvements, such amount being
referred to herein as the “Reimbursement Amount”. Provided Lennar has completed the Site Improvements
and has provided an invoice to the City supporting the Reimbursement Amount, the City agrees to pay the
Reimbursement Amount in immediately available funds to Lennar within thirty (30) days after the City
engineer has approved the completed Site Improvements, which approval shall not be unreasonably
withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, in no event shall the
Reimbursement Amount exceed $138,922.50 based on one hundred fifty (150%) percent of the total
estimated cost to construct the parking lot located on the City Parcel, together with curbing, striping,
landscaping, and other related improvements to the parking lot as shown on the Site Improvement Plans;
and the sidewalk located on the City Parcel that runs along the north-easterly boundary of the parking lot
on the City Parcel, to the point of connection with the sidewalk to be located on the HOA Clubhouse Lot
all as shown on the Site Improvement Plans.
{00394869 4} 2
2. If the City fails to pay the Reimbursement Amount to Lennar when due, then the Reimbursement
Amount shall accrue interest at a rate equal to ten percent (10%) per annum until paid. The prevailing party
in any suit seeking to enforce a party’s rights pursuant to this Agreement shall be entitled to an award of
reasonable attorneys’ fees and court costs.
[Signatures on following page.]
{00394869 4} 3
IN WITNESS WHEREOF, the City and Lennar have caused this 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
By _________________________
Rob Rafferty
Its Mayor
ATTEST
By _________________________
Name _______________________
Its City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________,
202__, 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 ____________,
202__, by __________________________ as City Clerk of the City of Lino Lakes on behalf of
said City.
_______________________________
Notary Public
{00394869 4}4
Execution page of the Lennar to the Agreement, dated as of the date and year first written above.
LENNAR
By ______________________
Jon Aune
Its Vice President
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 202__, before me, a Notary Public within
and for said County, personally appeared Jon Aune, Vice President of U.S. Home, LLC.
(Lennar), who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
Vantage Law Group
125 SE Main Street, Suite 250
Minneapolis, Minnesota 55414
{00394869 4} 5
EXHIBIT A
SITE IMPROVEMENT PLANS
5'ADA Lino Lakes, MinnesotaWATERMARK AMENITY CENTER& PUBLIC PARK PARKING~ Site Improvement Plans ~Know 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_cover.dwgSave Date:12/06/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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#6731C1COVER SHEETCi
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f:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\clubhouse - 4th addition\6713c_cert.dwgSave Date:12/06/22LENNAR16305 - 36th Avenue N. - Suite 600Plymouth, MN, 55446ofWATERMARK 4TH ADDITIONLino Lakes, MinnesotaCERTIFICATE OF SURVEYThomas R. Balluff, L.S.I hereby certify that this survey, planor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:6/17/2240361DRAWN BY:ISSUE DATE:FILE NO:Revisions:72NJS6/17/222284Amenity Center Address:Certificate of Survey for:LENNAR2077 Watermark Way, Lino Lakes, MN1. 9/15/22 Per City Comments & New Parking Layout2. 11/04/22 Per City Comments3. 12/7/2022 Per City Comments
5'ADA
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:12/06/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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 PLAN
5'ADA
C4Know 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:12/06/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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#6731UTILITY PLAN
5'ADA
C5Know 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_grade.dwgSave Date:12/08/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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#6731GRADING, DRAINAGE &EROSION CONTROL PLAN
C6DETAILSLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446ofWATERMARK AMENITY CENTERLino Lakes, MNoff:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\clubhouse - 4th addition\6731c_details.dwgSave Date:12/06/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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#6731
C7DETAILSLENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446ofWATERMARK AMENITY CENTERLino Lakes, MNoff:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\clubhouse - 4th addition\6731c_details.dwgSave Date:12/12/227Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City CommentsPrint 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#6731··NO PARKING
5'ADA
2MYS4DBH1RM3MYS5KFG12SDL1MKL5GVB6SDL4KFG6GVB5DBH8SGF3RTD4KFG2HO11GVB3KFG3DBH5MKL1CWH7VBC3KFG1MKL6ABH1CWH3DBH6LRS4RG25SCS5WLC1CWH12SGF6GVB1MKL6ABH1CWH3DBH6LRS4RG25SCS5WLC6GVB8SGF1CA1RM1CA2JL1CA3KFG18JSG14JSG3KFG12SDL12KFG12SDL3BF24JSG3KFG3SCS7BDL6PDS7RG212BDL3SCS2MYS7RG26PDS2MYSL1Know 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\landscape\clubhouse 4th addition\6731c_landscape.dwgSave Date:12/12/22Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City Comments#67312Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/16/22RJR06/17/22Ryan J. Ruttger56346RJRLANDSCAPE PLAN2
TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERRM2Acer rubrum `Northwood`Northwood Red Maple2.5" Cal.B&BHO2Quercus x macdanielii `Clemons` TMHeritage Oak2" Cal.B&BCONIFEROUS TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERBF3Abies balsameaBalsam Fir6` Ht.B&BORNAMENTAL TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERCA3Malus x `Prairifire`Red FlowersPrairifire Crabapple1.5" Cal.B&BJL2Syringa reticulata `Ivory Silk`White FlowersIvory Silk Japanese Tree Lilac1.5" Cal.B&BSHRUBSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERGVB34Buxus x 'Green Velvet'Green Velvet Boxwood#5 Cont.RTD3Cornus sericea `Alleman`s Compact`Dwarf Red Twig Dogwood#5 Cont.DBH18Diervilla loniceraDwarf Bush Honeysuckle#5 Cont.CWH4Hamamelis virginianaCommon Witch Hazel#5 Cont.ABH12Hydrangea arborescens `Annabelle`Annabelle Hydrangea#5 Cont.JSG56Juniperus chinensis `Sea Green`Sea Green Juniper#5 Cont.MYS9Spiraea thunbergii 'Ogon' TMMellow Yellow Spirea#5 Cont.MKL8Syringa patula `Miss Kim`Miss Kim Lilac#5 Cont.VBC7Viburnum trilobum `Bailey Compact`Red Fall ColorBailey`s Compact American Cranberry Bush#5 Cont.GRASSESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERKFG40Calamagrostis x acutiflora 'Karl Foerster'Karl Foerster Feather Reed Grass#3 Cont.PDS12Sporobolus heterolepisPrairie Dropseed#3 Cont.PERENNIALSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERBDL19Hemerocallis x 'Baja'Baja Daylily#1 Cont.SDL42Hemerocallis x 'Stella de Oro'Stella de Oro Daylily#1 Cont.SGF28Liatris spicata 'Kobold'Kobold Spike Gayfeather#1 Cont.WLC10Nepeta x faassenii 'Walkers Low'Walkers Low Catmint#1 Cont.LRS12Perovskia atriplicifolia `Little Spire`Little Spire Russian Sage#1 Cont.RG222Rudbeckia fulgida sullivantii 'Goldsturm'Goldsturm Coneflower#1 Cont.SCS16Sedum spectabile `Autumn Joy`Stonecrop#1 Cont.GROUND COVERSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERROCK2,469 sfRock MulchNon-Woven Geotextile Incidental1.5" Trap Rock Mulch4" DepthSOD12,688 sfTurf Sod BluegrassKentucky BluegrasssodPLANT SCHEDULEL2LENNAR16305 36th Avenue N. - Suite 600Plymouth, MN 55446ofWATERMARK AMENITY CENTERLino Lakes, MNoff:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\landscape\clubhouse 4th addition\6731c_landscape.dwgSave Date:12/12/22Revisions:1. 09/15/22 - Per City Comments & New Parking Layout2. 10/25/22 - Per City Comments3. 11/04/22 - Per City Comments4. 12/07/22 - Per City Comments#67312Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/16/22RJR06/17/22Ryan J. Ruttger56346RJRLANDSCAPE PLAN2'(MIN.)
6"12"UNDISTURBED SUBSOIL( SEE LANDSCAPE NOTES FOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THENBACKFILL MIX4 INCHES MULCHEXISTING GRADEGUY WIRE WITH WEBBINGFLAGGING- ONE PER WIREPLANTING SOIL MIXTURE (SEE SPEC.)MINIMUM 1/2 WIDTH OF ROOT BALL4"-6" SHREDDED BARKMULCHUNDISTURBED OR STABILIZEDSUBSOILNOTE: GUY ASSEMBLY OPTIONAL BUTCONTRACTOR ASSUMES FULLRESPONSIBILITY FOR MAINTAINING TREEIN A PLUMB POSITION FOR THEDURATION OF THE GUARANTEE PERIODGUY ASSEMBLY- 16"POLYPROPYLENE OR POLYETHYLENE(40 MIL) 1-1/2" WIDE STRAP (TYP)DOUBLE STRAND 10 GA. WIRE, 2-7"ROLLED STEEL POSTS (MnDOT 3401)@ 180° O.C. (SEE STAKING DIAGRAM)COORDINATESTAKING TO INSUREUNIFORMORIENTATION OF GUYLINES AND STAKES2. TRIM OUT DEAD WOOD AND WEAK AND/ORDEFORMED TWIGS. DO NOT CUT A LEADER. DONOT PAINT CUTS.4. PLACE PLANT IN PLANTING HOLE WITHBURLAP AND WIRE BASKET, (IF USED), INTACT.BACKFILL WITHIN APPROXIMATELY 12" OF THETOP OF ROOTBALL, WATER PLANT. REMOVETOP 1/3OF THE BASKET OR THE TOP TWOHORIZONTAL RINGS, WHICHEVER IS GREATER.REMOVE ALL BURLAP AND NAILS FROM TOP1/3 OF THE BALL. REMOVE ALL TWINE.3. SET PLANT ON UNDISTURBED NATIVE SOILOR THOROUGHLY COMPACTED BACKFILL SOIL.INSTALL PLANT SO THE ROOT FLARE IS AT ORUP TO 2" ABOVE THE FINISHED GRADE.6. WATER TO SETTLE PLANTS AND FILLVOIDS.5. PLUMB AND BACKFILL WITHBACKFILL SOIL.7. WATER WITHIN TWO HOURS OFINSTALLATION. WATERING MUST BESUFFICIENT TO THOROUGHLY SATURATEROOT BALL AND PLANTING HOLE.8. PLACE MULCH WITHIN 48 HOURS OFTHE SECOND WATERING UNLESS SOILMOISTURE IS EXCESSIVE.1. SCARIFY BOTTOM AND SIDES OF HOLEPRIOR TO PLANTINGPLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6"2'(MIN.)6"6"3 REQUIRED AT 1202
CITY OF LINO LAKES
RESOLUTION NO. 23-03
RESOLUTION APPROVING WATERMARK
AGREEMENT FOR RECIPROCAL DRIVEWAY EASEMENT
WHEREAS, on August 8, 2022 the City Council passed Resolution No. 22-78 approving the
Watermark HOA clubhouse and site plan; and
WHEREAS, on December 12, 2022 the City Council passed Resolution No. 22-154 approving
plans and specifications and authorized ad for bids for Watermark Park; and
WHEREAS, the projects consist of a shared driveway for the HOA clubhouse and public park;
and
WHEREAS, the Agreement includes two parcels legally described as:
• Outlot C, Watermark 4th Addition
• Lot 1, Block 3, Watermark 4th Addition
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes
hereby approves the Agreement between U.S. Home LLC 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 9th day of January, 2023.
The motion for the adoption of the foregoing resolut ion 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:
________________________
Hannah Lynch, City Clerk
{00394852 3} 1
AGREEMENT FOR RECIPROCAL DRIVEWAY EASEMENT
This AGREEMENT FOR RECIPROCAL DRIVEWAY EASEMENT (the “Agreement”)
is made this day of___________, 202__ (the “Effective Date”), by and between City of Lino
Lakes, a Minnesota municipal corporation (“City”), and Watermark Master Homeowners
Association, a Minnesota nonprofit corporation (“HOA”). City and HOA may be individually
referred to herein as a “party” or “Owner” or collectively as the “parties” or “Owners.”
RECITALS
A. City is the fee owner of real property in the City of Lino Lakes, Anoka County, Minnesota,
legally described as Outlot C, WATERMARK 4TH ADDITION, according to the recorded
Plat thereof (“City Parcel”).
B. HOA is the fee owner of real property in the City of Lino Lakes, Anoka County, Minnesota,
legally described as Lot 1, Block 3, WATERMARK 4TH ADDITION, according to the
recorded Plat thereof (“HOA Parcel”). City Parcel and HOA Parcel may be individually
referred to herein as a “Parcel” or collectively as the “Parcels.”
C. The Owners desire to share use of a driveway (the “Driveway”) that will be located upon
and serve portions of City Parcel and HOA Parcel in a location that is generally depicted
as the “Driveway Easement Area” on EXHIBIT A, attached hereto and incorporated
herein (the “Driveway Easement Area”).
D. The Owners desire to grant to each other rights of access for vehicular and pedestrian
ingress and egress over the Driveway Easement Area located on their respective parcels.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual promises and
covenants set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby expressly acknowledged, the parties agree as follows:
{00394852 3} 2
1. Incorporation of Recitals. The recitals and facts set forth above are incorporated
into this Agreement as part of its terms.
2. Grant of Easement. The Owner of each Parcel, for the benefit of the Owner of the
other Parcel and its respective agents, representatives, members, managers, partners, employees,
guests, tenants, sub-tenants, occupants, invitees, successors, and assigns (the “Benefitted
Parties”), hereby grants an appurtenant, reciprocal, non-exclusive access easement for ingress,
egress, and passage over and across the Driveway Easement Area, for vehicular and pedestrian
purposes only (the “Driveway Easement”). The Driveway Easement shall include the non-
exclusive right of vehicular and pedestrian passage from the Driveway Easement Area within
each Parcel to the public right-of-way known as Watermark Way. The term of the Driveway
Easement shall commence upon completion of the installation and construction of the Driveway,
and shall continue thereafter in perpetuity.
3. Easement Runs with the Land. The Driveway Easement and this Agreement shall
run with the land and shall be binding upon and inure to the benefit of the Owners and their
respective successors and assigns. The Driveway Easement shall be subject to easements, if any,
and all other matters of record, existing as of the Effective Date.
4. Maintenance and Repair. The Owners of the Parcels, at their sole cost and
expense, will be separately responsible for causing the portion of the Driveway Easement Area
located on their respective Parcels to be maintained, repaired, and replaced as may be deemed
necessary from time to time in such Owner’s sole discretion. The Parties may hereafter, but are
not obligated to, agree on the terms of any standard of shared Driveway maintenance or repair
activities, and the costs of any shared maintenance or repair approved by the Owners shall be
shared equally between the Owners. No Owner may perform any work on the other Owner’s
Parcel unless the other Owner has consented to such work in writing prior to undertaking the
same. Notwithstanding anything the contrary herein, either Owner may perform snow removal
in the Driveway Easement Area without the consent of the other Owner provided that the location
for piling snow resulting therefrom is in a location approved by each Owner. To the extent that
either Owner performs any maintenance or repair work within the Driveway Easement Area, the
Owner performing or causing such work to be performed hereby agrees to indemnify, defend, and
hold harmless the other Owner its agents, representatives, members, managers, partners,
successors and assigns, from and against any and all claims, losses, liabilities, damages, causes of
action, proceedings, costs, and expenses (including, without limitation, mechanics’ liens),
including reasonable attorneys’ fees, to the extent caused by the indemnifying Owner’s work in
the Driveway Easement Area.
5. No Obstruction. Each Owner hereby agrees that it shall not obstruct, or permit the
obstruction, of the other Owner’s exercise of its rights under the Driveway Easement within any
portion of the Driveway Easement Area that is located on its respective Parcel, except for
temporary closures as may be necessary in connection with bona fide maintenance, repair, and
replacement work.
{00394852 3} 3
6. Liens. Each Owner shall keep the portion of the Driveway Easement Area on the
other Owner’s Parcel free and clear of mechanic’s liens, materialmen’s liens, and other liens of
like nature arising out of any work performed by such Owner or its contractors.
7. No Dedication. Nothing herein shall be deemed to be a gift or dedication of any
portion of the Driveway Easement Area to the general public or for any public use or purpose
whatsoever, it being the intention of the parties that this Agreement will be strictly limited to and
for the purpose expressed in this Agreement.
8. No Waiver. Failure of any Owner to insist, in any one or more instances, upon
strict performance of any term or condition of this Agreement will not be construed as a waiver
or relinquishment of such term or condition in the future.
9. Governing Law. This instrument shall be constructed in accordance with the laws
of the State of Minnesota without regard to conflict of law principles.
10. Severability. If any provision of this instrument, or portion thereof, or the
application thereof to any person or circumstances, shall, to any extent be held invalid, inoperative
or unenforceable, the remainder of this instrument, and the application thereof to any other
persons or circumstances, shall not be affected thereby, and each provision of this instrument shall
be valid and enforceable to the fullest extent permitted by law.
11. Recording. The parties agree that the rights, benefits, duties and obligations created
by this Agreement shall vest immediately upon the Effective Date. This Agreement shall be filed
with the Office of the County Recorder and/or the Office of the Registrar of Titles of Anoka
County, Minnesota, as appropriate.
12. Headings. The headings of articles in this Agreement are for convenience of
reference only and will not in any way limit or define the content, substance or effect of the
articles.
13. Authority. The parties hereto each represent and warrant unto each other that the
party executing this Agreement on its behalf is duly authorized to enter into this Agreement and
bind the party thereby, and that, as of the Effective Date, it is vested with the right to convey the
easements and rights granted herein.
14. Amendment. This Agreement may be amended only by a writing signed by the
owners of the Parcels.
15. Counterparts. This Agreement may be executed in one or more counterparts, each
of which will be deemed an original, but all of which will constitute one and the same instrument.
[Signatures Contained on Following Pages]
{00394852 3} 4
IN WITNESS WHEREOF, the City and the HOA have caused this 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
By _________________________
Rob Rafferty
Its Mayor
ATTEST
By _________________________
Hannah Lynch
Its City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ANOKA )
This instrument was acknowledged before me on ________ day of ____________, 2023,
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 ____________, 2023,
by Hannah Lynch as City Clerk of the City of Lino Lakes on behalf of said City.
_______________________________
Notary Public
{00394852 3} 5
THIS PAGE INTENTIONALLY LEFT BLANK
{00394852 3} 6
Execution page of the HOA to the Agreement, dated as of the date and year first written above.
HOA
By ______________________
Carole Toohey
Its President
STATE OF MINNESOTA )
) SS
COUNTY OF __________ )
On this _______ day of _______________, 2023, before me, a Notary Public within and
for said County, personally appeared Carole Toohey, President of Watermark Master Homeowners
Association. (HOA), who executed the foregoing instrument.
______________________________
Notary Public
This instrument was drafted by:
Vantage Law Group, PLLC (JRW)
125 SE Main Street, Suite 250
Minneapolis, MN 55414
{00394852 3}
EXHIBIT A
DEPICTION OF DRIVEWAY EASEMENT AREA
f:\jobs\6721 - 6740\6731 - watermark\cad c3d\engineering\clubhouse - 4th addition\6713c_cert.dwgSave Date:11/04/22LENNAR16305 - 36th Avenue N. - Suite 600Plymouth, MN, 55446ofWATERMARK 4TH ADDITIONLino Lakes, MinnesotaCERTIFICATE OF SURVEYThomas R. Balluff, L.S.I hereby certify that this survey, planor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #:6/17/2240361DRAWN BY:ISSUE DATE:FILE NO:Revisions:72NJS6/17/222284Amenity Center Address:Certificate of Survey for:LENNAR2077 Watermark Way, Lino Lakes, MN1. 9/15/22 Per City Comments & New Parking Layout2. 11/04/22 Per City Comments