On the agenda: Forest Lake meeting — Flock camera (Aug 10)

1

AGENDA

CITY COUNCIL MEETING
City of Forest Lake - Link to Meeting Livestream

Forest Lake City Center: Council Chambers
Forest Lake, Minnesota
August 10, 2026 at 6:00 PM
1. Call to Order
2. Roll Call
3. Pledge of Allegiance
4. Approve the Agenda (Action)
5. Awards and Presentations
6. Open Forum - Citizen Petitions, Requests and Concerns: Please sign in at the front table.
The Open Forum is available for residents to express personal opinions for any item of
business. Please limit your comments to three (3) minutes.
7. Consent Agenda Considerations (Action Items)*
a. City Invoices
i. General Invoices
ii. Airport Invoices
b. July 20th, 2026, Regular Council Workshop Minutes
c. July 28th, 2026, Regular Council Meeting Minutes
d. Resolution 08-10-26-01 Declaring Surplus Equipment and Authorizing Disposal (PW)
e. Resolution 08-10-26-02 Approving an On-Sale Liquor License Transfer – Rancho Loco
f. Request for Payment No. 1 – Apron Expansion – Bolton & Menk
g. Request for Payment No. 2 – Runway & Taxiway Expansion – Bolton & Menk
h. Hiring Recommendation – Building Inspector I
i. Forest Hills Preserve Encroachment Agreements
j. Spikes and Houles Site Improvement Agreement
k. Spikes and Houles Permanent Utility Easement
l. Havenwood – Partial Release of Chestnut Creek Development Agreement
and Amendments

2

m. Havenwood – Phase 1 Development Agreement
*Council may remove any item from the consent agenda for specific consideration.
8. Regular Agenda (Action Items)
a. Parkland Dedication Fee Study – Abbi Wittman
b. Parks Master Plan Approval – Dave Adams/Josh Shields, Bolton Menk
c. Eureka Avenue Improvement Project Change Order – Ryan Goodman
9. Discussion
10. Staff Updates
11. Mayor and City Council Updates
12. Adjourn

3
08/06/2026

GL Number

Invoice Line Desc

Check 120017
101-43-3100-54040

REPAIR & MAINT EQUIPMENT

INVOICE GL DISTRIBUTION REPORT FOR FOREST LAKE
EXP CHECK RUN DATES 07/28/2026 - 08/10/2026
BOTH JOURNALIZED AND UNJOURNALIZED
PAID

Vendor

Invoice Description

A-1 TIRE SERVICE

FIRESTONE TRANSFORCE AT2 BL

Total For Check 120017
Check 120018
101-42-2200-52400

TOOLS & SMALL EQUIP

ALEX AIR APPARATUS INC

RENTALS

ALL SEASONS RENTAL INC

STRONGARM BATTERY

REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT

AMERICAN IMPORTS
AMERICAN IMPORTS
AMERICAN IMPORTS
AMERICAN IMPORTS
AMERICAN IMPORTS

TRENCHER TRACKED 4" X 30" (#3)

CONTRACTOR PAYMENTS
CONTRACTOR PAYMENTS
CONTRACTOR PAYMENTS

AMRIZE MIDWEST INC
AMRIZE MIDWEST INC
AMRIZE MIDWEST INC

SQUAD 2401 - CHANGE OIL & TIRE ROTATION
SQUAD 2509 - BOLT IN CENTER OF TREAD ON RIGHT FRONT TIRE & TIRE PATCH REPAIR
SQUAD 2011 - CHANGE OIL & TIRE ROTATION
SQUAD 2406 - CHANGE OIL & TIRE ROTATION
SQUAD 2509 - CHANGE OIL & TIRE ROTATION

OVERPAYMENT

BERNIE & LAURIE FRITZINGER

18120 260TH STREET NORTH - SG,CONCRETE SAND,#4-#200,W - 7/16/26
18120 260TH STREET NORTH SG,CONCRETE SAND,#4-#200,W - 7/16/26
18120 260TH STREET NORTH SG,CONCRETE SAND,#4-#200,W - 07/17/26

OVERPAYMENT

BOB ODLAND

UB refund for account: 7115352

ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
PROFESSIONAL SERVICES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
SEALCOATING
ENGINEERING CHARGES
ENGINEERING CHARGES

BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC

120019

85.50
30.19
53.76
52.03
52.42

120020
120020
120020
120020
120020

237.56
1,403.53
714.75

120021
120021
120021

70.64

120022

70.64

UB refund for account: 7102837

Total For Check 120023
Check 120024
101-41-1910-53050-123484-004
101-41-1910-53050-125526-001
101-42-2400-53050-123484-002
101-43-3110-53050-106080-010
203-45-5200-53050-138362-000
203-45-5200-53070-140853-000
205-43-3150-53050-106207-009
205-43-3150-53050-110000-001
205-43-3150-53050-124536-001
211-43-3100-54140-142774-000
211-43-3135-53050-106207-010
211-43-3135-53050-127722-001

301.50

2,355.84

Total For Check 120022
Check 120023
631-00-0000-20800

120018

273.90

Total For Check 120021
Check 120022
631-00-0000-20800

1,624.59

301.50

Total For Check 120020
Check 120021
203-45-5200-55250-VOLLEY-001
203-45-5200-55250-VOLLEY-001
203-45-5200-55250-VOLLEY-001

120017

1,624.59

Total For Check 120019
Check 120020
101-42-2100-54040
101-42-2100-54040
101-42-2100-54040
101-42-2100-54040
101-42-2100-54040

889.23
889.23

Total For Check 120018
Check 120019
101-43-3100-54250

Amount Check #

100.37

120023

100.37

2026 ANNUAL REVIEWS
TEMPORARY PLANNING SERVICES
2026 ANNUAL REVIEWS
GENERAL ROUTINE ENGINEERING
VETERAN'S MEMORIAL LAKESIDE
PARKS SYSTEM PLAN
NON-ROUTINE ENGINEERING - PWD
JD4 STORMWATER DESIGN
STORMWATER SERVICES
2026 CRACK FILLING PROJECT
NON-ROUTINE ENGINEERING - PWD
CSAH 32 PEDESTRIAN & STREET

3,691.00
1,707.50
5,942.50
2,500.00
1,512.00
7,968.50
947.00
1,276.00
980.50
463.50
1,873.50
1,611.00

120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024

4
211-43-3135-53050-129714-001
211-43-3135-53050-131361-001
211-43-3135-53050-134732-001
211-43-3135-53050-142931-000
211-43-3135-53050-143822-000
211-43-3135-54080-136586-001
211-43-3135-54080-141275-000
631-00-0000-15000-120880-001
631-49-9420-53050
631-49-9420-55250-102145-001
632-00-0000-15000-2026LSP-00
632-49-9450-53050
800-41-1910-53050-100119-001
800-41-1910-53050-106081-092
800-41-1910-53050-106081-105
800-41-1910-53050-106081-116
800-41-1910-53050-106081-505
800-41-1910-53050-123780-001
800-41-1910-53050-125480-001
800-41-1910-53050-125722-001
800-41-1910-53050-141279-001
800-41-1910-53050-144491-000
800-41-1910-53050-190232-001
800-41-1910-53050-CLLAKE-001
800-41-1910-53050-SHEPAR-001

ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
CONSTRUCTION IN PROGRESS
ENGINEERING CHARGES
CONTRACTOR PAYMENTS
CONSTRUCTION IN PROGRESS
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES
ENGINEERING CHARGES

BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC
BOLTON & MENK INC

TH 97 IMPROVEMENT PROJECT
EUREKA AVENUE IMPROVEMENTS
NORTH SHORE TRAIL
HIGHWAY 8 RECONSTRUCTION
CR 50 AND TH 61 IMPROVEMENTS
2025 LOCAL ST IMPROVEMENT
2026 LOCAL ST IMPROVEMENT
WTP 4 CONSTRUCTION
NON-ROUTINE ENGINEERING - PWD
2026 WATER SYSTEM STUDY
2026 LIFT STATION PROJECT
NON-ROUTINE ENGINEERING - PWD
CLEAN FREAK CAR WASH - SITE DEVELOPMENT
SPIKE'S & HOULES FEED - SITE DEVELOPMENT
WASHINGTON COUNTY NORTHERN ENVIRONMENTAL - SITE DEVELOPMENT
FOREST LAKE GARAGE CONDOS - SITE DEVELOPMENT
AMBERLY WOODS FKA SURINE
HIDDEN CREEK
PHASE 2 CHESTNUT CREEK
SHADOW CREEK STABLES ESTATES
BUZICK 1520 9TH AVE SW - SITE DEVELOPMENT
KJ WALK BIRCHWOOD ESTATES
ACE HARDWARE - SITE DEVELOPMENT
CLEAR LAKE APARTMENTS - SITE DEVELOPMENT
WILLOWMERE FKA SHELANDER

Total For Check 120024
Check 120025
101-42-2200-52190

FOOD - FIRE DEPT

BRUCE'S FOODS INC

COMPUTER SUPPORT

BS&A SOFTWARE

24 PK OF WATER QUANTITY - 8 & GATORADE

CHEMICALS & TESTING

CARGILL INC

PERMIT APPLICATION SUBMISSION (PAS) - SERVICE FEE FOR ONLINE - PERMIT APP. (04/07/26 TO 07/06/26)

OVERPAYMENT

CHAD LEMAY

KD CRSE SO BULK NSF 60 - 50,940.00 LB

OVERPAYMENT

CHRIS SCHREIBER

UB refund for account: 7113814

OPERATING SUPPLIES
UNIFORMS & CLOTHING
UNIFORMS & CLOTHING

CINTAS CORPORATION
CINTAS CORPORATION
CINTAS CORPORATION
Total For Check 120030

Check 120031

120026

6,947.20

120027

156.09

120028

156.09

UB refund for account: 7103192

Total For Check 120029
Check 120030
101-43-3100-52100
101-43-3180-52130
101-43-3180-52130

34,611.00

6,947.20

Total For Check 120028
Check 120029
631-00-0000-20800

120025

34,611.00

Total For Check 120027
Check 120028
631-00-0000-20800

50.16
50.16

Total For Check 120026
Check 120027
631-49-9420-52160

120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024
120024

163,880.19

Total For Check 120025
Check 120026
101-41-1500-53090

18,878.00
5,320.50
2,211.19
6,045.50
2,158.00
452.50
19,260.50
3,722.00
2,033.00
17,173.50
4,060.50
636.00
273.50
1,074.00
1,358.50
189.00
6,694.00
15,654.50
15,931.00
567.00
3,109.50
2,432.50
358.00
3,635.50
179.00

50.62

120029

50.62

REFILLS FOR FIRST AID KITS
UNIFORM & CLOTHING - M.WELSH
UNIFORM & CLOTHING - M.WELSH

95.33
86.45
159.96
341.74

120030
120030
120030

5
101-42-2700-53350

CONTRACT SERVICES

COMPANION ANIMAL CONTROL

ANIMAL CONTROL - CONTRACTUAL SERVICES JULY 2026

Total For Check 120031
Check 120032
203-45-5200-55250-BAYVIEW-01

CONTRACTOR PAYMENTS

CROSS COUNTRY UNDERGROUND INC

7/6/26 - BAYVIEW PARK FOREST LAKE. INSTALL 4" PIPE

Total For Check 120032
Check 120033
631-00-0000-20800

OVERPAYMENT

CYNTHIA NEWINSKI

OVERPAYMENT

DANIEL BOTHMAN

UB refund for account: 7109184

OPERATING SUPPLIES

DAVID D. DREWS

UB refund for account: 7115579

PROFESSIONAL SERVICES

EC DESIGN GROUP LTD

CLEANING SERVICES FOR JULY 2026 FL SENIOR CENTER

PUBLISHING & ADS

ECM PUBLISHERS INC

COMPLETION OF IRRIGATION SYSTEM EVALUATION AT CASTLEWOOD GOLF COURSE BY ERIK CHRISTIANSEN - 06/05/26

OPERATING SUPPLIES

EJ HOULE INC

ORDINANCE NO. 774 - PO# 774

REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT

ELECTRIC PUMP INC
ELECTRIC PUMP INC

JRK CONTRACTOR MIX 50#

OVERPAYMENT

ESTATE OF TIMOTHY SENTY

FLYGT, 3127, PUMP, SUBMERSIBLE & FLYGT,KIT REPAIR BASIC+3127.090/180 & FLYGT,ROTOR UNIT
FLYGT,3102, PUMP,SUBMERSIBLE #NP462-4 5/230/3 50'FM FLS FV+ STD & FLYGT,KIT REPAIR BASIC+3102.090 180

OPERATING SUPPLIES

FERGUSON ENTERPRISES LLC

UB refund for account: 7100096

OPERATING SUPPLIES
OPERATING SUPPLIES

FOREST LAKE ACE HARDWARE
FOREST LAKE ACE HARDWARE

LF 1 FIP CPHN L/ SWVL W/ NUT & LF 1 MIP SWVL CONN F/ 1 CSTR & LF 1 SDR SWVL CONN F/ 1 CSTR

REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT

FOREST LAKE FORD
FOREST LAKE FORD
Total For Check 120045

3,500.00

120037

63.00

120038

82.50

120039

8,836.34
5,730.00

120040
120040

20.37

120041

875.20

120042

875.20

FLEX GRDN HOSE BLK 100'
SD SPADE BIT SET 6" 6PC

Total For Check 120043
Check 120045
101-42-2200-54040
101-42-2200-54040

120035

20.37

Total For Check 120042
Check 120043
101-45-5200-52100
632-49-9450-52100

850.00

14,566.34

Total For Check 120041
Check 120042
631-49-9420-52100

120034

82.50

Total For Check 120040
Check 120041
631-00-0000-20800

127.60

63.00

Total For Check 120039
Check 120040
632-49-9450-54040
632-49-9450-54040

120033

3,500.00

Total For Check 120038
Check 120039
101-45-5200-52100

109.92

850.00

Total For Check 120037
Check 120038
101-41-1910-53520

120032

127.60

Total For Check 120035
Check 120037
203-45-5200-53070

3,000.00

109.92

Total For Check 120034
Check 120035
101-46-6625-52100

120031

3,000.00

Total For Check 120033
Check 120034
631-00-0000-20800

3,045.75
3,045.75

49.99
14.99

120043
120043

64.98

SERVICES ON FORD F150 PICKUP - BASIC MAINTENANCE SERVICE & PERFORM GAS VEHICLE MULTI-POINT INSPECTIO
SERVICES ON FORD F350 PICKUP - BASIC MAINTENANCE SERVICE & PERFORM GAS VEHICLE MULTI-POINT INSPECTION

74.63
84.63
159.26

120045
120045

6

Check 120046
101-42-2100-53520

PUBLISHING & ADS

FOREST LAKE PRINTING

FLPD - SANDWICH BOARD SIGN INSERTS - 22" X 28", 4/0, GF203OPAE, MOUNT TO 4MIL CORO

Total For Check 120046
Check 120047
631-00-0000-20800

OVERPAYMENT

FRANCIS YARJATT

UB refund for account: 7116029

Total For Check 120047
Check 120048
631-00-0000-20800

OVERPAYMENT

FREEDOM MTG CORP

REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT

FURY STILLWATER
FURY STILLWATER

UB refund for account: 7116552

OVERPAYMENT

GAIL COULTHART

DODGE DURANGO - CUSTOMER STATES THE RE IS A ROUGH START & ENGINE PERFORMANCE CONCERN
DODGE DURANGO - CUSTOMER STATES ITS A HARD START, LIKE THERE ISN-T ENOUGH FUEL GETTING THROUGH

OVERPAYMENT

GARY & SUE LAVIGNE

UB refund for account: 7110427

BDE-0064

GOSIAK CONSTRUCTION INC

UB refund for account: 7110807

OPERATING SUPPLIES

GRAINGER INC

BD Bond Refund

UNIFORMS & CLOTHING

GUARDIAN SUPPLY LLC

WYE, NYLON, PUSH-FIT 8 MM, 8 MM, 8 MM & TEE, NYLON, PUSH-FIT 8 MM, 8 MM, 8 MM

REPAIR & MAINT EQUIPMENT

H & L MESABI COMPANY

BODY ARMOR - J. MEIER

CHEMICALS & TESTING

HACH COMPANY

3/4X6 SBC X 3'0" CARBIDE PLUS BLADE (5/8 & 5/8" X 2-1/2" PLOW BOLT W/HH NUT & 5/8"

CHEMICALS & TESTING
CHEMICALS & TESTING

HAWKINS INC
HAWKINS INC

FIELD INSTRUMENT EVALUATION & FIELD SERVICE PARTNERSHIP & BENCHPLUS-DR900

REPAIR & MAINT - SUBS

HUGO AUTO AND TRUCK PARTS

7.21

120051

31,250.00

120052

86.50

120053

1,844.96

120054

2,460.00

120055

6,683.00

120056

6,683.00

CHLORINE EPA 7870-2
HYDROFLUOSILICIC ACID & LPC-4 & SODIUM HYDROXIDE 50% DIAPHRAGM & SODIUM PERMANGANATE 20%

Total For Check 120057
Check 120058
101-42-2100-54020

120050

2,460.00

Total For Check 120056
Check 120057
631-49-9420-52160
631-49-9420-52160

340.53

1,844.96

Total For Check 120055
Check 120056
631-49-9420-52160

120049
120049

86.50

Total For Check 120054
Check 120055
101-43-3100-54040

592.15
1,667.12

31,250.00

Total For Check 120053
Check 120054
101-42-2100-52130

120048

7.21

Total For Check 120052
Check 120053
101-43-3180-52100

157.78

340.53

Total For Check 120051
Check 120052
101-00-0000-22400

120047

2,259.27

Total For Check 120050
Check 120051
631-00-0000-20800

64.88

157.78

Total For Check 120049
Check 120050
631-00-0000-20800

120046

64.88

Total For Check 120048
Check 120049
101-42-2100-54040
101-42-2100-54040

145.00
145.00

1,340.96
14,355.49

120057
120057

15,696.45

1Y-PARTS CAL'S TL·UCKS; STK# 250008; FLPD & 1Y-PAL'TS CAL'S TRUCKS; STK# 250087; FLPD - POL

300.00

120058

7
101-42-2200-53080

SEMINARS & TRAINING

HUGO AUTO AND TRUCK PARTS

1Y-PARTS CAL'S TL·UCKS; STK# 250008; FLPD & 1Y-PAL'TS CAL'S TRUCKS; STK# 250087; FLPD - FRD

Total For Check 120058
Check 120059
101-46-6625-52100

OPERATING SUPPLIES

IEDITWEB INC

SENIOR CENTER HOSTING WEBSITE 08/26/26 - 09/25/26

Total For Check 120059
Check 120060
101-00-0000-22400

STREET OPENING ESCROW

JAMES & CAROL LAUMER

OVERPAYMENT

JAMES MCGEARY

BD Payment Refund

OVERPAYMENT

JEANIE ARNEBERG

UB refund for account: 7112978

TOOLS & SMALL EQUIP

JEFFERSON FIRE & SAFETY INC

UB refund for account: 7115427

OVERPAYMENT

JOSE RUBIO

TFT VALVE 2.5"FEMALE X 2.5"MALE SLOW CLOSE

GRAVEL
GRAVEL

JUSTIN TAYLOR COMPANIES LLC
JUSTIN TAYLOR COMPANIES LLC

UB refund for account: 7117343

OVERPAYMENT

KL MN 3 LLC

PULVERIZED BLACK DIRT - 1, 10 YARD LOAD PICKED UP FROM YARD
PULVERIZED BLACK DIRT - 1, 10 YARD LOAD PULVERIZED BLACK DIRT PICKED UP FROM YARD JTC TICKET #4995

MISCELLANEOUS

KORTERRA INC

UB refund for account: 7118753

OVERPAYMENT

KRISTAL FAMILY LTD PARTNERSHIP

KORTERRA LOCATE MANAGEMENT STANDARD 7/2/2026 - 7/1/2027

INSURANCE

LEAGUE OF MINNESOTA CITIES INSURANC

UB refund for account: 7118746

STREET OPENING ESCROW

LILA BUILDING COMPANY
Total For Check 120070

Check 120071

613.27

120063

210.37

120064

180.00
360.00

120065
120065

168.88

120066

5,144.00

120067

62.58

120068

62.58

DEDUCTIBLE FOR CLAIM 525657

Total For Check 120069
Check 120070
101-00-0000-22400

120062

5,144.00

Total For Check 120068
Check 120069
101-41-1320-53600

225.49

168.88

Total For Check 120067
Check 120068
631-00-0000-20800

120061

540.00

Total For Check 120066
Check 120067
101-41-1500-54370

159.10

210.37

Total For Check 120065
Check 120066
631-00-0000-20800

120060

613.27

Total For Check 120064
Check 120065
211-43-3100-54100
211-43-3100-54100

3,500.00

225.49

Total For Check 120063
Check 120064
631-00-0000-20800

120059

159.10

Total For Check 120062
Check 120063
101-42-2200-52400

39.95

3,500.00

Total For Check 120061
Check 120062
631-00-0000-20800

120058

39.95

Total For Check 120060
Check 120061
631-00-0000-20800

300.00
600.00

500.00

120069

500.00

BD Payment Refund

3,500.00
3,500.00

120070

8
631-00-0000-20800

OVERPAYMENT

LISA GAUGHAN

UB refund for account: 7100105

Total For Check 120071
Check 120072
631-00-0000-20800

OVERPAYMENT

LOIS WATNE

UB refund for account: 7111194

Total For Check 120072
Check 120074
631-00-0000-20800

OVERPAYMENT

MAILAO XIONG & TAN DUONG

OVERPAYMENT

MARK BERRY

UB refund for account: 7118215

MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY
MAINT ASPHALT MILL & OVERLAY

MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS
MARTIN MARIETTA MATERIALS

UB refund for account: 7118588

OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
CONTRACTOR PAYMENTS
CONTRACTOR PAYMENTS
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES

MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS
MENARDS

MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B
MED VOLUME WEAR ASPHALT MVWE45035(R)-STD-B

FIRE FOAM

MES SERVICE COMPANY LLC

ALUMINUM FOIL HVY DTY 18" & GLAD LEMONZST 13GAL LL0CT & ZIPLOC STORAGE BAG GAL
HOT SHOT W&H KILLER 14OZ
1" 90 DEG INSERT ELBOW & " X 3/4" INSERT COUPLING & X 1 X 3/4 REDUCING TEE & 3/4'X100' 100# POLY PIP
8PC SCREWDRIVER SET & 16OZ SOLIDSTEL CURVEDCLAW & 70 PC SOCKET SET & 7PC PLIER SET
MEGA NOODLES ASSTD COLOR & 15 QT CLEARVIEW LATCH BOX & 13G 30CT DRAWSTRING BAGS
4" COUPLING SCH 40 & 4" PVC REPAIR COUPLING
1" INSERT PLUG
DUAL SURFACE BRUSH & PURDY QUICK CONNECT ADAPT & 60" STEEL HANDLE & PURDY 8-16 POLE+ EXT POLE
1" INSERT CROSS & 1-1/4" INSERT TEE & 3/4" INSERT CROSS & 1-1/4 11 INSERT MALE ADAPTER
CEDAR LINE POST
CEDAR CORNER POST & CEDEAR END POST & 10' HANDSPLIT CEDAR RAIL & CEDAR LINE POST
4X8X16 SOLID BLOCK & CONCRETE MIX
PINTLE HK W/2-5/16" BALL & PINTLE MOUNTING PLATE
SMALL CLEAR STORAGE BIN & 2G YELLOW LID BLACK TOTE & MAX 1.88" DUCT SIL BULK & 3/4" 66' 33+ ELECTAPE
PURELL NATURALS

OPERATING SUPPLIES
OPERATING SUPPLIES

METRO SALES INC
METRO SALES INC

SILV-EX PLUS FOAM CONCENTRATE 5 GALLON (19L)

PARKS PROGRAMS/ENTERTAINMENT MICHAEL MOTHERSHED

150.37

120075

303.40
239.21
652.72
323.08
666.66
335.38
666.66

120076
120076
120076
120076
120076
120076
120076

34.62
47.64
71.65
135.17
75.91
27.94
5.45
106.24
14.30
17.69
673.73
485.52
172.98
141.38
31.72

120077
120077
120077
120077
120077
120077
120077
120077
120077
120077
120077
120077
120077
120077
120077

539.95

120078

539.95

HP UNIVERSAL BOND PAPER ROLL 24"X150'
HEWLETT PACKARD/XT950 36" LARGE FORMAT PRINTER

Total For Check 120079
Check 120080
101-45-5120-54380

120074

2,041.94

Total For Check 120078
Check 120079
101-41-1500-52100
101-41-1500-52100

202.88

3,187.11

Total For Check 120077
Check 120078
101-42-2200-52150

120072

150.37

Total For Check 120076
Check 120077
101-43-3100-52100
101-43-3100-52100
101-43-3100-52100
101-43-3180-52100
101-45-5200-52100
101-45-5200-52100
101-45-5200-52100
101-45-5200-52100
101-45-5200-52100
203-45-5200-55250-MANORP-PRJ
203-45-5200-55250-MANORP-PRJ
205-43-3150-52100
631-49-9420-52100
631-49-9420-52100
632-49-9450-52100

53.97

202.88

Total For Check 120075
Check 120076
211-43-3100-54080
211-43-3100-54080
211-43-3100-54080
211-43-3100-54080
211-43-3100-54080
211-43-3100-54080
211-43-3100-54080

120071

53.97

Total For Check 120074
Check 120075
631-00-0000-20800

229.12
229.12

44.10
485.00

120079
120079

529.10

ARTS IN THE PARK ENTERTAINMENT PAYMENT

1,250.00

120080

9
Total For Check 120080
Check 120081
101-42-2200-53090

COMPUTER SUPPORT

MIDCONTINENT COMMUNICATIONS

1,250.00

COLUMBUS FIRE SUB STATION AUGUST 2026

Total For Check 120081
Check 120082
101-43-3100-53060

MEDICAL

MIDWEST COMPLIANCE INC

DRUG TESTS JUNE - C. LARSON & D. ADAMS

Total For Check 120082
Check 120083
631-49-9420-52160

CHEMICALS & TESTING

MINNESOTA VALLEY TESTING LABS

REPAIR & MAINT SUPPLIES
REPAIR & MAINT EQUIPMENT
REPAIR & MAINT EQUIPMENT

NAPA AUTO PARTS
NAPA AUTO PARTS
NAPA AUTO PARTS

COLIFORM, MF - WATER

REPAIR & MAINT EQUIPMENT
OPERATING SUPPLIES

NORTHERN TOOL COMMERCIAL ACCOUNT
NORTHERN TOOL COMMERCIAL ACCOUNT

FERRULES & COUPLER
USCAR CUSTOM WIRING
USCAR CUSTOM WIRING

OVERPAYMENT

PAUL & ANGIE SHIVE

TRAILER ASSIST GORILLA-LIFT
1/2 DR IMPACT UNIVERSAL JOINT

PERMIT - SWIMMING POOL - ABOVE GRPAYTON & KATRINA EUE

UB refund for account: 7117933

OVERPAYMENT

PHILIP MOHS

BD Payment Refund

OVERPAYMENT

PINEWOOD LLC.

UB refund for account: 7114728

MISCELLANEOUS

PRECISE MRM LLC

UB refund for account: 7118650

BEL-0099

RICHARD AND CINDY HANSEN

5MB FLAT DATA PLAN US WITH NAF C-US-5MB

OVERPAYMENT

ROBERT & VALERIE HOPPE
Total For Check 120094

120085
120085

131.41

120087

88.00

120088

117.08

120089

189.59

120090

20.00

120092

20.00

BD Bond Refund

Total For Check 120093
Check 120094
631-00-0000-20800

170.99
37.98

189.59

Total For Check 120092
Check 120093
101-00-0000-22400

120084
120084
120084

117.08

Total For Check 120090
Check 120092
205-43-3150-54370

5.99
35.35
35.35

88.00

Total For Check 120089
Check 120090
631-00-0000-20800

120083

131.41

Total For Check 120088
Check 120089
631-00-0000-20800

165.00

208.97

Total For Check 120087
Check 120088
101-42-2400-32210

120082

76.69

Total For Check 120085
Check 120087
631-00-0000-20800

100.00

165.00

Total For Check 120084
Check 120085
101-45-5200-54040
205-43-3150-52100

120081

100.00

Total For Check 120083
Check 120084
101-42-2200-52210
101-43-3100-54040
101-43-3100-54040

122.72
122.72

2,000.00

120093

2,000.00

UB refund for account: 7117978

84.71
84.71

120094

10
Check 120095
631-00-0000-20800

OVERPAYMENT

RONALD & JANICE MERON

UB refund for account: 7102908

Total For Check 120095
Check 120096
101-42-2200-52210
101-42-2200-52210
101-42-2200-52210

REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES
REPAIR & MAINT SUPPLIES

ROSENBAUER MINNESOTA LLC
ROSENBAUER MINNESOTA LLC
ROSENBAUER MINNESOTA LLC

E1 - ASSY, VALVE, AUTO DRAIN, DV-2, WITH HEAT
RESCUE 1 - SPRING FOR RELEASE/LOCK, 2-1/4" X 16MM & VALVE 3/4" AU TOMATIC DRAIN
RESCUE 1 - SPRING FOR RELEASE/LOCK, 2-1/4" X 16MM

Total For Check 120096
Check 120097
631-00-0000-20800

OVERPAYMENT

SAMANTHA BERGERON

OVERPAYMENT

SCOTT & LANA CRAWFORD

UB refund for account: 7116571

SIGNS & PAVEMENT MARKINGS
SIGNS & PAVEMENT MARKINGS
SIGNS & PAVEMENT MARKINGS
SIGNS & PAVEMENT MARKINGS

SHERWIN-WILLIAMS COMPANY
SHERWIN-WILLIAMS COMPANY
SHERWIN-WILLIAMS COMPANY
SHERWIN-WILLIAMS COMPANY

UB refund for account: 7101943

PROFESSIONAL SERVICES

SHRED-IT USA

160-0006 HIGHWAY WHI
PI SHER-CRYL GL SRED
HL 2152 FDTP WB WH
PI SHER-CRYL GL SRED

OVERPAYMENT

SIOSAIA UNGA

SHREDDING SERVICES FOR JULY 2026

OPERATING SUPPLIES
OPERATING SUPPLIES

SITEONE LANDSCAPE SUPPLY LLC
SITEONE LANDSCAPE SUPPLY LLC

UB refund for account: 7104724

OPERATING SUPPLIES
REPAIR & MAINT-BUILDINGS
REPAIR & MAINT-BUILDINGS
OPERATING SUPPLIES

STAPLES INC
STAPLES INC
STAPLES INC
STAPLES INC

RAIN BIRD 8005 ADJUSTABLE STAINLESS STEEL ROTOR 5 IN. RISER WITH SAM CHECK VALVE
RAIN BIRD 8005 ADJUSTABLE STAINLESS STEEL ROTOR 5 IN. RISER WITH SAM CHECK VALVE

BEL-0098

SUSAN BRAMILLA

FORK HD PLASTIC WHITE 100PK & SPOON HD PLASTIC WHITE 100PK & KNIFE HD PLASTIC WHITE 100PK
TAG DNGR DO NOT OPERATE 100RL & TAG EMERG SHWR/EYE REC PF 25PK
ODOR ELIMINATOR COOL/CLEAN EA
COLLAPSIBLE ROLLING RACK

OVERPAYMENT

TARA FRANCO
Total For Check 120105

Check 120106

31.98
277.80
189.55
277.80

120099
120099
120099
120099

361.21

120100

68.97

120101

1,655.87
1,324.69

120102
120102

236.52
99.87
63.96
126.99

120103
120103
120103
120103

527.34

BD Bond Refund

Total For Check 120104
Check 120105
631-00-0000-20800

120098

2,980.56

Total For Check 120103
Check 120104
101-00-0000-22400

238.92

68.97

Total For Check 120102
Check 120103
101-41-1940-52100
101-41-1940-54010
101-41-1940-54010
101-42-2100-52110

120097

361.21

Total For Check 120101
Check 120102
101-45-5200-52100
101-45-5200-52100

115.50

777.13

Total For Check 120100
Check 120101
631-00-0000-20800

120096
120096
120096

238.92

Total For Check 120099
Check 120100
101-41-1320-53070

195.57
165.14
23.82

115.50

Total For Check 120098
Check 120099
211-43-3100-54150
211-43-3100-54150
211-43-3100-54150
211-43-3100-54150

120095

384.53

Total For Check 120097
Check 120098
631-00-0000-20800

147.71
147.71

2,000.00

120104

2,000.00

UB refund for account: 7113510

47.53
47.53

120105

11
101-45-5120-54380

PARKS PROGRAMS/ENTERTAINMENT THE ROCKIN' HOLLYWOODS

ARTS IN THE PARK ENTERTAINMENT PAYMENT

Total For Check 120106
Check 120107
631-00-0000-20800

OVERPAYMENT

THOMAS SCHLAEGER

UB refund for account: 7116849

Total For Check 120107
Check 120108
101-45-5130-52210
631-49-9420-52100
632-49-9450-52100

REPAIR & MAINT SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES

TOTAL CONTROL SYSTEMS INC
TOTAL CONTROL SYSTEMS INC
TOTAL CONTROL SYSTEMS INC

BSO-0017

TRENCHLESS PIPE

GOLF COURSE - ISSUES WITH THE PUMPS NOT RUNNING UP TO THE PROPER PRESSURE & FOUND THE TARGET PSI
GOLF COURSE - ISSUES WITH THE PUMPS NOT RUNNING UP TO THE PROPER PRESSURE & FOUND THE TARGET PSI
GOLF COURSE - ISSUES WITH THE PUMPS NOT RUNNING UP TO THE PROPER PRESSURE & FOUND THE TARGET PSI

OVERPAYMENT

TYLER CHRISTENSEN

BD Bond Refund

OPERATING SUPPLIES

ULINE, INC

UB refund for account: 7113213

CHEMICALS & TESTING

USABLUEBOOK

ULINE DELUXE PAPER TOWEL ROLLS & ULINE DELUXE TOILET TISSUE & ULINE PAPER PLATES - 10 1/4", HEAVYWEIG

MOTOR FUEL
MOTOR FUEL

WEX BANK
WEX BANK

HACH FREE CHLORINE ACCUVAC AMPULES;25/PK; (2502025) & HACH TOTAL CHLORINE ACCUVAC AMPULES; 25/PK

MOTOR FUEL

WEX BANK

FIRE MORTOR FUEL - JULY 2026
FIRE MORTOR FUEL - JULY 2026

MOTOR FUEL
MOTOR FUEL
MOTOR FUEL
MOTOR FUEL
MOTOR FUEL

WEX BANK
WEX BANK
WEX BANK
WEX BANK
WEX BANK

POLICE MOTOR FUEL - JULY 2026

OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
4.05

WINNICK SUPPLY INC
WINNICK SUPPLY INC
WINNICK SUPPLY INC
WINNICK SUPPLY INC
WINNICK SUPPLY INC
Total For Check 120116

660.23

120110

658.13

120111

317.26

120112

2,276.30
152.41

120113
120113

6,947.68

120114

6,947.68

PUBLIC WORKS MOTOR FUEL - JULY 2026
PUBLIC WORKS MOTOR FUEL - JULY 2026
PUBLIC WORKS MOTOR FUEL - JULY 2026
PUBLIC WORKS MOTOR FUEL - JULY 2026
PUBLIC WORKS MOTOR FUEL - JULY 2026

Total For Check 120115
Check 120116
101-45-5200-52100
205-43-3150-52100
205-43-3150-52100
205-43-3150-52100
205-43-3150-52100

120109

2,428.71

Total For Check 120114
Check 120115
101-43-3100-52120
101-45-5200-52120
205-43-3150-52120
631-49-9420-52120
632-49-9450-52120

3,500.00

317.26

Total For Check 120113
Check 120114
101-42-2100-52120

120108
120108
120108

658.13

Total For Check 120112
Check 120113
101-42-2200-52120
101-42-2400-52120

322.30
3,796.66
3,796.67

660.23

Total For Check 120111
Check 120112
631-49-9420-52160

120107

3,500.00

Total For Check 120110
Check 120111
101-45-5200-52100

104.31

7,915.63

Total For Check 120109
Check 120110
631-00-0000-20800

120106

104.31

Total For Check 120108
Check 120109
101-00-0000-22400

2,500.00
2,500.00

6,719.72
5,781.38
1,676.99
936.34
825.64

120115
120115
120115
120115
120115

15,940.07

4" 90 STREET ELBOW PVC/DWV (1/4 BEND) & 4" 45 STREET ELBOW PVC/DWV (1/8 BEND)
TILE TAPE AMAZING 2" POLYLOK 4" TILE TO SDR35 OR SCH40
15" 16GA SPIRAL ALUMINIZED STEEL CULVERT 26' & 15" 16GA SPIRAL ALUMINIZED STEEL CULVERT 20'
8" 90 ELBOW PVC/DWV
1/2" (#4) RE-ROD GRADE 60

15.82
49.77
2,569.05
45.81
4.05
2,684.50

120116
120116
120116
120116
120116

12
Check 120117
101-45-5120-54380

PARKS PROGRAMS/ENTERTAINMENT WOODROW MCBRIDE

ARTS IN THE PARK ENTERTAINMENT PAYMENT

Total For Check 120117
Check 120118
101-45-5120-54380

PARKS PROGRAMS/ENTERTAINMENT WOODROW MCBRIDE

ARTS IN THE PARK ENTERTAINMENT PAYMENT

Total For Check 120118
Check 2767
101-41-1400-54370

MERCH SERV BANKCRD FEES-JULY

MERCHANT BANK FEES

PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES

CHASE PAYMENTECH
CHASE PAYMENTECH
CHASE PAYMENTECH

MERCH SERV BANKCRD FEES-JULY

POSTAGE

PITNEY BOWES POSTAGE

SERVICE FEE PAYMENTS-JULY UB
SERVICE FEE PAYMENTS-JULY UB
SERVICE FEE PAYMENTS-JULY UB

ELECTRIC UTILITIES

XCEL ENERGY

PITNEY BOWES POSTAGE JULY 2026

ELECTRIC UTILITIES

XCEL ENERGY

51-0010746167-3/CITY CENTER

ELECTRIC UTILITIES

XCEL ENERGY

51-5193676-8 ~ 1850 8TH ST SE & 65 3RD AVE NW WTP

CHARGEBACK FEE

MIDWESTONE BANK

51-8383920-1 ~ 5515 - 206TH ST -PARK WELL

405528-217921 STREET LIGHTS - ELEC CONNEXUS ENERGY
405528-246326 TRAFFIC SIGNALS - EL CONNEXUS ENERGY
405528-246328 TRAFFIC SIGNALS - EL CONNEXUS ENERGY
405528-251717 STREET LIGHTS - ELEC CONNEXUS ENERGY
405528-329973 STREET LIGHTS - ELEC CONNEXUS ENERGY
405528-302966 TRAFFIC SIGNALS - EL CONNEXUS ENERGY
405528-310327 FLASHER - ELECTRIC CONNEXUS ENERGY
405528-296960 5790 HEADWATERS PKCONNEXUS ENERGY
405536-239312 SHIELDS LAKE - ELECT CONNEXUS ENERGY
405528-324157 6195 210TH ST N WTP#CONNEXUS ENERGY
714941-294489 LIFT STATION - ELECTRCONNEXUS ENERGY
405536-230839 LIFT STATION - ELECTRCONNEXUS ENERGY
405528-304266 LIFT STATION - ELECTRCONNEXUS ENERGY
405528-304956 4938 HEADWATERS PRCONNEXUS ENERGY
405528-297502 LIFT STATION - ELECTRCONNEXUS ENERGY

2768
2768
2768

450.00

2769

7,093.87

2770

9,612.63

2771

922.23

2772

922.23

CHARGEBACK FEE

Total For Check 2773
Check 2774
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-45-5200-53810
205-43-3150-53810
631-49-9420-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810

26.35
118.55
118.55

9,612.63

Total For Check 2772
Check 2773
101-41-1400-54370

2767

7,093.87

Total For Check 2771
Check 2772
101-45-5200-53810

155.10

450.00

Total For Check 2770
Check 2771
631-49-9420-53810

120118

263.45

Total For Check 2769
Check 2770
101-41-1940-53810

525.30

155.10

Total For Check 2768
Check 2769
101-41-1400-53220

120117

525.30

Total For Check 2767
Check 2768
205-43-3150-53070
631-49-9440-53070
632-49-9490-53070

525.30
525.30

8.00

2773

8.00

JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING

10.47
79.69
82.71
1,979.58
76.97
73.63
23.62
30.10
19.00
4,345.19
102.13
42.36
10.65
202.31
107.80

2774
2774
2774
2774
2774
2774
2774
2774
2774
2774
2774
2774
2774
2774
2774

13
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810

405528-262550 LIFT STATION - ELECTRCONNEXUS ENERGY
405528-264391 LIFT STATION - ELECTRCONNEXUS ENERGY
405528-267765 LIFT STATION - ELECTRCONNEXUS ENERGY

JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING
JUNE 2026 ENERGY BILLING

Total For Check 2774
Check 2775
632-00-0000-22425
632-49-9490-36240

SAC CHARGES PAYABLE
REFUNDS & REIMBURSEMENTS

METROPOLITAN COUNCIL - ENVIRONMENTA
METROPOLITAN COUNCIL - ENVIRONMENTA

SALES TAX PAYABLE
SALES TAX PAYABLE

SALES TAX MN DEPT REVENUE EFT
SALES TAX MN DEPT REVENUE EFT

JUNE 2026 SAC REPORT
JUNE 2026 SAC REPORT

POSTIVE PAY MONTHLY FEE-JUNE

MIDWESTONE BANK

JUNE 2026 SALES TAX
JUNE 2026 SALES TAX

COMPUTER SUPPORT

LEXISNEXIS RISK SOLUTIONS

POSITIVE PAY MONTHLY FEE-JUNE

COMPUTER SUPPORT

LEXISNEXIS RISK SOLUTIONS

AVCC ANNUAL SUBSCRIPTION FEE & TRAX 05-01-2026 - 05-31-2026

ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES

XCEL ENERGY
XCEL ENERGY
XCEL ENERGY

AVCC ANNUAL SUBSCRIPTION FEE & TRAX 06-01-2026 - 06-30-2026

ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES

XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
Total For Check 2782

58.60

2777

700.00

2778

700.00

2779

700.00

51-0239647-6 ~ 1198 W BROADWAY AVE-TRAFFIC
51-0239654-5 ~ 797 WEST BROADWAY AVE-ELEC
51-0239656-7 ~ 795 WEST BROADWAY AVE-ELEC

Total For Check 2781
Check 2782
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810
101-45-5200-53810
631-49-9420-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810

2776
2776

700.00

Total For Check 2779
Check 2781
101-43-3160-53810
101-43-3160-53810
101-43-3160-53810

366.00
1,182.00

58.60

Total For Check 2778
Check 2779
101-42-2100-53090

2775
2775

1,548.00

Total For Check 2777
Check 2778
101-42-2100-53090

44,730.00
(447.30)
44,282.70

Total For Check 2776
Check 2777
101-41-1400-54370

2774
2774
2774

7,349.77

Total For Check 2775
Check 2776
101-00-0000-22440
631-00-0000-22440

19.00
66.00
78.56

47.71
29.47
40.57

2781
2781
2781

117.75

51-0239645-4 ~ 777 WEST BROADWAY AVE-ELEC
51-0239648-7 ~ 775 WEST BROADWAY AVE-ELEC
51-0239659-0 ~ 1493 W BROADWAY AVE-TRAFFIC
51-0677899-8 ~ 20010 FERN GLEN LN N-STREET
51-0677908-0 ~ 20066 FERN GLEN LN N-STREET
51-5193665-5 ~ 49 LAKE ST N-STREET
51-9753120-9 ~ 1601 11TH AVE SW-BRIDGE
51-0010257806-0 ~ 20187 FERN GLEN BLVD N-S
51-0010258367-0 ~ 20116 FERN GLEN CT N - STREET
51-0011646952-3 ~ 1872 FOREST BLVD
51-0012332089-3 ~ 204 LAKE STREET N UNIT-TRAFFIC
51-0013225636-0 ~ 6358 SCANDIA TRL N
51-5193667-7 ~ BEACH HOUSE
51-8919722-8 ~ 208 8TH ST NW - TOWER
51-4372874-7 ~ 406 15TH ST SW-LIFT
51-8216739-7 ~ 4855 SCANDIA TR N - TRAFFIC
51-9828587-1 ~ 97 BROADWAY AVE W - TRAFFIC
51-0010257805-9 ~ 20126 FERN GLEN CT N-STR

28.80
42.32
46.69
12.88
16.09
7,249.95
67.71
10.62
10.44
12.20
31.26
16.22
323.49
301.63
481.16
56.27
71.12
10.32
8,789.17

2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782
2782

14
Check 2783
101-41-1940-53810
101-43-3160-53810
101-43-3180-53810
101-43-3180-53810
101-45-5130-53810
101-45-5200-53810
101-45-5200-53810
101-46-6625-53810
631-49-9420-53810
631-49-9420-53810
631-49-9420-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810
632-49-9450-53810

ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES

XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY
XCEL ENERGY

51-5193661-1 ~ GOVMNT BLDG
51-0013131153-7 ~ 10100 SCANDIA TRL N
51-5193666-6 ~ CITY GARAGE
51-5193671-3 ~ PUBLIC WORKS FACILITY
51-4770834-3 ~ 21640 HARROW AVE N
51-5193668-8 ~ 720 - 11TH AVE SE-ICE
51-5193669-9 ~ 777 4TH ST SW RINK & WARMING HOUSE
51-0013429969-4 ~ 767 4TH ST SW
51-5193670-2 ~ 456 3RD ST NW-PUMP
51-5193673-5 ~ 1850 8TH ST SE - WTP
51-0013971904-6 ~ 6195 210TH ST N
51-0239658-9 ~ LIFT STATIONS
51-8829533-8 ~ 21036 KAROLINE CT N-LIFT
51-0012384369-1 ~ 7865 SCANDIA TRL N
51-0014003458-5 7686 NORTH SHORE CIR LIFT STATION
51-0014133727-6 ~ 23845 GRANADA AVE N LIFT STATION
51-0014224434-5 ~ 21228 KIEBLER CT N
51-0014644299-0 ~ 9597 NORTH SHORE TRL N UNIT-LIFT STATION

Total For Check 2783
Check 2784
101-43-3160-53810
632-49-9450-53810

ELECTRIC UTILITIES
ELECTRIC UTILITIES

XCEL ENERGY
XCEL ENERGY

ELECTRIC UTILITIES

XCEL ENERGY

51-7342887-2 ~ 5295 SCANDIA TR N-TRAFFIC
51-0012039653-5/4938 HEADWATERS PKWY

ELECTRIC UTILITIES
ELECTRIC UTILITIES
ELECTRIC UTILITIES

XCEL ENERGY
XCEL ENERGY
XCEL ENERGY

51-5193669-9 ~ AUTO PROTECTIVE LIGHT

Scanner for Finance Department
BANK OF MONTREAL - BMO
Basket for Owl, Chamber items to be m BANK OF MONTREAL - BMO
Honor Box for Wellness Committee
BANK OF MONTREAL - BMO
Notary Stamp for Deputy Clerk
BANK OF MONTREAL - BMO
MMCI (Training)
BANK OF MONTREAL - BMO
Items for Rick's Public Open House
BANK OF MONTREAL - BMO
Balloons, table cover for Wellness Com BANK OF MONTREAL - BMO
Bananas for Wellness Committee Walk BANK OF MONTREAL - BMO
Chief Peterson Open House
BANK OF MONTREAL - BMO
OWL for video meetings
BANK OF MONTREAL - BMO
Training for Kristina
BANK OF MONTREAL - BMO
Training for Kristina
BANK OF MONTREAL - BMO
Monthly MailChimp subscription
BANK OF MONTREAL - BMO
820 17th Street SE - Code Enforcement BANK OF MONTREAL - BMO
Code Enforcement - Pending Assessme BANK OF MONTREAL - BMO
Apilkowski Variance Approval RecordingBANK OF MONTREAL - BMO
Software Expense
BANK OF MONTREAL - BMO

2784
2784

10.30

2785

10.30

51-5193663-3 ~ TRAFFIC SIGNALS
51-5193674-6 ~ LIFT STATIONS
51-5193677-9 ~ LIFT STATIONS

Total For Check 2786
Check 2787
101-41-1320-52010
101-41-1320-52010
101-41-1320-52010
101-41-1320-52010
101-41-1320-53080
101-41-1320-53500
101-41-1320-54370
101-41-1320-54370
101-41-1320-54370
101-41-1400-52010
101-41-1400-53080
101-41-1400-53080
101-41-1500-52100
101-41-1910-53070
101-41-1910-53070
101-41-1910-53520
101-41-1910-54370

34.87
46.72
81.59

Total For Check 2785
Check 2786
101-43-3160-53810
632-49-9450-53810
632-49-9450-53810

2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783
2783

6,093.97

Total For Check 2784
Check 2785
101-45-5200-53810

716.60
23.81
603.05
372.48
938.47
119.22
97.16
644.89
1,610.84
218.08
310.38
227.74
56.36
45.09
14.44
34.66
23.05
37.65

235.01
317.61
3,683.69

2786
2786
2786

4,236.31

Scanner for Finance Department
Basket for Owl, Chamber items to be moved between floors
Honor Box for Wellness Committee
Notary Stamp for Deputy Clerk
MMCI (Training)
Items for Rick's Public Open House
Basket for Owl, Chamber items to be moved between floors
Bananas for Wellness Committee Walk
Lakeside Concessions
OWL for video meetings
Training for Kristina
Training for Kristina
Monthly MailChimp subscription
820 17th Street SE - Code Enforcement Recording
820 17th Street SE - Code Enforcement Recording
820 17th Street SE - Code Enforcement Recording
Software Expense

100.00
4.34
12.79
26.45
640.00
16.04
12.19
8.32
298.61
1,019.00
112.50
150.00
26.50
57.18
57.18
57.18
880.00

2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787

15
101-41-1940-52100
101-42-2100-52010
101-42-2100-52010
101-42-2100-52010
101-42-2100-52020
101-42-2100-52100
101-42-2100-52100
101-42-2100-52100
101-42-2100-52130
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-52210
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-53080
101-42-2100-54040
101-42-2100-54040
101-42-2100-54040
101-42-2100-54270
101-42-2100-54270
101-42-2200-52100
101-42-2200-52100
101-42-2200-52100
101-42-2200-52100
101-42-2200-52400
101-42-2200-53080
101-42-2200-53210
101-42-2400-36241
101-42-2400-54330
101-43-3100-54010
101-43-3100-54040
101-43-3100-54040

Refund due to damaged product.
BANK OF MONTREAL - BMO
under desk mountable power strip
BANK OF MONTREAL - BMO
Black & Decker Stand Fan
BANK OF MONTREAL - BMO
Lockbox keys for officers
BANK OF MONTREAL - BMO
Stickers for events
BANK OF MONTREAL - BMO
Pepperball simmunition
BANK OF MONTREAL - BMO
Taser 10 holsters
BANK OF MONTREAL - BMO
Repuls order-chemical deterrent
BANK OF MONTREAL - BMO
CSO Badges and Rockers
BANK OF MONTREAL - BMO
Car Washes
BANK OF MONTREAL - BMO
Car Wash
BANK OF MONTREAL - BMO
Car Wash
BANK OF MONTREAL - BMO
Car Washes
BANK OF MONTREAL - BMO
Car Wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Monthly car wash
BANK OF MONTREAL - BMO
Squad Wash
BANK OF MONTREAL - BMO
Officer Warke Search Warrant Class Re BANK OF MONTREAL - BMO
DMT Certification-Belka
BANK OF MONTREAL - BMO
DMT initial training for Officer Del Gro BANK OF MONTREAL - BMO
DMT Training for Carpenter and Cinelli BANK OF MONTREAL - BMO
Hotel for Chief's Conference
BANK OF MONTREAL - BMO
Lodging receipt for MN Chiefs Conferen BANK OF MONTREAL - BMO
Glader lodging at MN Chief's ConferencBANK OF MONTREAL - BMO
Glader lodging for death and missing peBANK OF MONTREAL - BMO
Olstad death and missing person confe BANK OF MONTREAL - BMO
Internal Affairs Traiing - Richert
BANK OF MONTREAL - BMO
J. Boyd-Advanced gun laws training
BANK OF MONTREAL - BMO
Receipt-Kelly Schmitt-advanced gun lawBANK OF MONTREAL - BMO
Secure rifle storage for squad 2401
BANK OF MONTREAL - BMO
Squad 2615 recurring receipt
BANK OF MONTREAL - BMO
Additional Lock Out Tools
BANK OF MONTREAL - BMO
POST renewal for Officer A. Yates and OBANK OF MONTREAL - BMO
POST renewal for Sgt. N. Kent
BANK OF MONTREAL - BMO
Bubble Roll Wrap 125' X 12" for Shippin BANK OF MONTREAL - BMO
12X10X5 Cardboard Shipping Boxes for BANK OF MONTREAL - BMO
VELCRO Brand Heavy Duty Tape with AdBANK OF MONTREAL - BMO
I-Pad CRM - 04/01/26 - 04/30/26.
BANK OF MONTREAL - BMO
KNIPEX - 71 01 200 Tools - CoBolt Com BANK OF MONTREAL - BMO
Hotel for Police Chiefs Conference.
BANK OF MONTREAL - BMO
Purchase At&t Payment
BANK OF MONTREAL - BMO
March 2026 state surcharge
BANK OF MONTREAL - BMO
2026 Bluebeam Revu Renewal
BANK OF MONTREAL - BMO
bags for vaccuum
BANK OF MONTREAL - BMO
shift cable for utv
BANK OF MONTREAL - BMO
head gasket for weed whip
BANK OF MONTREAL - BMO

Refund due to damaged product.
under desk mountable power strip
Black & Decker Stand Fan
Lockbox keys for officers
Stickers for events
Pepperball simmunition
Taser 10 holsters
Repuls order-chemical deterrent
CSO Badges and Rockers
Car Washes
Car Washes
Car Washes
Car Washes
Car Washes
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Squad Wash
Officer Warke Search Warrant Class Registration
Officer Warke Search Warrant Class Registration
Officer Warke Search Warrant Class Registration
Officer Warke Search Warrant Class Registration
Hotel for Chief's Conference
Hotel for Chief's Conference
Hotel for Chief's Conference
Glader lodging for death and missing person conference
Glader lodging for death and missing person conference
Internal Affairs Traiing - Richert
J. Boyd-Advanced gun laws training
J. Boyd-Advanced gun laws training
Secure rifle storage for squad 2401
Squad Wash
Additional Lock Out Tools
POST renewal for Officer A. Yates and Officer O. Rude
POST renewal for Officer A. Yates and Officer O. Rude
Bubble Roll Wrap 125' X 12" for Shipping.
12X10X5 Cardboard Shipping Boxes for TFT Nozzles.
VELCRO Brand Heavy Duty Tape with Adhesive | 15 Ft x 2 In - Used for FF Helmets.
I-Pad CRM - 04/01/26 - 04/30/26.
KNIPEX - 71 01 200 Tools - CoBolt Compact Bolt Cutter - Used for cutting battery cables for auto ext
Hotel for Chief's Conference
Purchase At&t Payment
March 2026 state surcharge
Software Expense
bags for vaccuum
shift cable for utv
head gasket for weed whip

(91.99)
65.01
60.99
51.80
97.49
36.67
258.00
243.33
90.50
118.80
179.00
118.80
118.00
178.20
35.75
35.75
35.75
35.75
35.75
35.75
35.75
35.75
35.75
35.75
35.75
35.75
150.00
375.00
375.00
750.00
865.11
865.11
865.11
150.33
150.33
150.00
175.00
175.00
396.44
35.75
86.38
180.00
90.00
33.00
32.75
17.32
90.00
104.00
865.11
1,047.20
2,216.14
286.00
17.05
207.94
29.65

2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787

16
101-43-3180-52100
101-43-3180-54010
101-45-5120-52100-CONCESSION
101-45-5120-52100-CONCESSION
101-45-5200-52100
205-43-3150-54020
401-43-3100-55500
401-43-3100-55500
401-43-3100-55500
401-43-3100-55500
631-49-9420-52100
632-49-9450-54370
632-49-9450-55500
632-49-9450-55500
632-49-9450-55500

Shop supplies
Grates for shop floor
Lakeside Concessions
Lakeside Concessions
hubs for irrigation marking
part return
Purchase of new PW truck
truck mat for new truck
Purchase of a new PW vehicle
seat covers for new vehicles
Quarterly Fluoride Shipping
seat covers for new vehicles
Purchase of a new utility vehicle
Purchase of a new utility vehicle
truck box for new truck

BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO
BANK OF MONTREAL - BMO

Shop supplies
Grates for shop floor
Lakeside Concessions
Lakeside Concessions
hubs for irrigation marking
part return
Purchase of a new utility vehicle
truck mat for new truck
Purchase of a new utility vehicle
seat covers for new vehicles
Quarterly Fluoride Shipping
seat covers for new vehicles
Purchase of a new utility vehicle
Purchase of a new utility vehicle
truck box for new truck

Total For Check 2787

23.92
427.45
19.98
104.54
51.98
(1,430.50)
59.58
119.99
2,771.00
246.87
7.30
246.87
59.57
2,770.65
1,699.99
23,391.79

Fund Totals:
Fund 101 GENERAL FUND
Fund 203 PARKS FUND
Fund 205 SURFACE WATER MANAGEMENT FUND
Fund 211 CAPITAL IMPROVEMENT FUND
Fund 401 CAPITAL EQUIPMENT FUND
Fund 631 WATER FUND
Fund 632 SEWER FUND
Fund 800 PROJECT DEVELOPMENT FUND

191,134.24
19,027.76
6,707.52
62,778.43
3,197.44
80,941.30
78,844.88
51,456.00
494,087.57

2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787
2787

17
08/06/2026

GL Number

Invoice Line Desc

Check 120010
250-43-9810-55250

CONTRACTOR PAYMENTS

INVOICE GL DISTRIBUTION REPORT FOR FOREST LAKE
EXP CHECK RUN DATES 07/28/2026 - 08/10/2026
BOTH JOURNALIZED AND UNJOURNALIZED
PAID

Vendor

Invoice Description

FOREST LAKE CONTRACTING INC

CONTRACTOR'S PAY REQUEST #1 - FOREST LAKE AIRPORT (25D) - AIRPORT RUNWAY 13/31 AND TAXIWAY A EXTENSIO

Total For Check 120010
Check 120036
250-43-9810-55250

CONTRACTOR PAYMENTS

DREAMLAND CONTRACTING LLC

CONTRACTOR PAYMENTS

FOREST LAKE CONTRACTING INC

CONTRACTOR'S PAY REQUEST #1 - FOREST LAKE AIRPORT (25D) - APRON EXPANSION - SP NO. A8206-25

405528-301847 AIRPORT - ELECTRIC

CONNEXUS ENERGY

CONTRACTOR'S PAY REQUEST #2 - FOREST LAKE AIRPORT (25D) - AIRPORT RUNWAY 13/31 AND TAXIWAY A EXTENSIO

MOTOR FUEL

DOOLEY'S PETROLEUM INC

JUNE 2026 ENERGY BILLING

ELECTRIC UTILITIES

XCEL ENERGY

504.00 GAL AV GAS

ELECTRIC UTILITIES

XCEL ENERGY

279,181.25

120044

156.14

2774

2,429.28

2780

2,429.28

51-9849041-6 ~ 20500 FOREST RD N U#1-AIRPORT

Total For Check 2784
Check 2785
250-43-9810-53810

120036

156.14

Total For Check 2780
Check 2784
250-43-9810-53810

145,673.34

279,181.25

Total For Check 2774
Check 2780
250-43-9810-52120

120010

145,673.34

Total For Check 120044
Check 2774
250-43-9810-53810

385,444.69
385,444.69

Total For Check 120036
Check 120044
250-43-9810-55250

Amount Check #

35.05

2784

35.05

51-5193679-1 ~ AIRPORT

Total For Check 2785

26.87
26.87

Fund Totals:
Fund 250 AIRPORT FUND

812,946.62
812,946.62

2785

18

City Council

1408 Lake Street South
Forest Lake, MN 55025

Workshop

www.ci.forest-lake.mn.us

~ Minutes ~
Monday, July 20, 2026

6:00 PM

City Center – Community Room

City of Forest Lake - Livestream and Recorded Meetings

1. Call to Order
2. Roll Call

Attendee Name
Blake Roberts
Jeff Larson
Hanna Valento
Leif Erickson
Kevin Miller

Title

Mayor
Councilmember
Councilmember
Councilmember
Councilmember

Status
Present
Present
Present
Present
Present

Arrived

3. Pledge of Allegiance
4. Open Forum – Citizen Petitions, Requests, and Concerns

The Open Forum is available for residents to express personal opinions for any item of business.
Please limit your comments to three (3) minutes.

Comments:
Airport leaseholder Pat Everland spoke on behalf of numerous ground leaseholders to oppose the
14 percent lease rate increase, noting it bypassed established precedent and ignored the Airport
Commission’s recommendations. While thanking City staff for later clarifying their position, Mr.
Everland criticized the lack of advanced communication when notices were mailed without
explanation. He emphasized that retroactively applying uncollected increases dating back to 2009
sets a troubling precedent, disrupts predictability for long-term agreements, and complicates
operations across varying lease types. In conclusion, Mr. Everland questioned how future councils
would be prevented from taking similar retroactive actions, inquired about future airport revenue
streams, and requested greater transparency moving forward.
Eugene Huerstel, 10234 204th Street North, discussed historical property transactions, such as the
transaction to purchase the nursery to fund the runway expansion. He stated that the taxpayers had
previously supported the airport for many projects.

5. 2027 Budget Discussion:

a) Investment Portfolio Presentation
Finance Director Reichert presented investment accounts, PTMA accounts, and a standard bank
accounts to Council and introduced representatives from PTMA to discuss. Corey Boyer and Ben
Nordin from PTMA Financial Solutions reviewed the different types of securities that cities were
allowed to invest in that allowed limited credit risk. They noted that interest rates had increased
substantially. They also noted the unemployment rate, which was a strong indication of a

City Council

Page 1

DRAFT MINUTES

City Council
Workshop

19

1408 Lake Street South
Forest Lake, MN 55025
www.ci.forest-lake.mn.us

~ Minutes ~
Monday, July 20, 2026

6:00 PM

City Center – Community Room

healthy labor market. Representatives discussed the lack of price stability throughout the
market; The inflation rate was above the Federal Reserve goal of 2 percent. Mr. Boyer reviewed
the portfolio to assist with budget discussions and understand revenue numbers. He noted that
cash flow needs would determine where the dollars made most sense to invest. He reviewed
the different fund amounts at the end of June.
City Council and representatives from PTMA discussed the management, performance, and
future strategy of the City's investment funds. Mr. Nordin and Mr. Boyer explained that the
long-term portfolio is managed as a separate account using a standard one- to five-year
benchmark, focusing on securities within that range to accommodate taxable needs while
maintaining secondary liquidity sources. Although recent market interest rate hikes caused a
temporary dip in security values, PTMA highlighted that their portfolio was outyielding the
benchmark by 50 basis points, and they recommended maintaining this longer-term strategy.
Council inquired about the City purchasing its own bonds to collect interest. Mr. Nordin
explained that regulatory rules and concentration risks strictly prevent this practice, adding that
premature liquidation of municipal bonds carries high costs.
The conversation then shifted to policy and future capital planning, with Mayor Roberts noting
that the investment funds had remained untouched since 2019. Interim City Administrator
Chaika and Finance Director Reichert confirmed that while an active investment policy
governing safeguards and allocations exists, it has not been reviewed since 2019, and the
current twenty-year Capital Improvement Plan (CIP) does not project drawing from these
accounts. Councilmember Erickson pointed out that the investment earnings currently benefit
taxpayers by lowering the general fund levy but raised questions regarding potential guardrails
for the fund balance and whether these reserves could offset infrastructure costs. To assist the
Council with upcoming decisions—specifically regarding the funding of a new Public Works
facility—Finance Director Reichert and the PTMA representatives agreed to collaborate on cash
flow projections and run scenarios comparing the financial impact of borrowing versus utilizing
internal investment funds.
b) Fund 101
Finance Director Reichert said that Fund 101 was the driving factor for operations for the City.
She reviewed a high-level summary of the balance of Fund 101, including the revenues and
expenditures. She noted that the total levy would be $19.66 million, representing an overall levy
increase of 10.55 percent. She provided an overview of the revenue, which was supported by
property taxes and other governmental revenues. She provided an overview of the expenditure
and said that public safety was the largest operational investment.
During the departmental budget review, Finance Director Reichert clarified that the Police
Department's fully allocated costs total $6.7 million, which is directly offset by $790,000 in
anticipated revenue. Interim City Administrator Chaika highlighted increased spending on staff
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1408 Lake Street South
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development, which includes up to $2,000 per employee for continuing education, alongside
initial funding to explore a new four-employee department next year.
In the Community Development Department, Director Wittman explained that a $15,000 line
item is designated for code enforcement abatement services. She also noted that while internal
staff time for preliminary community meetings is not billed back, the City does pass all thirdparty consultant engineering hours from Bolton & Menk directly to developers once a formal
project application is submitted.
Finally, Public Works Director Adams detailed a $16,500 professional services allocation for
redemption pay, safety training, and real-time Flock security cameras placed at two local parks.
Paid for out of the Parks and Recreation budget, the exact total cost of the Flock cameras
remains unconfirmed, but the system is linked to a projected increase in computer services
spending for 2027. Director Adams also cautioned that higher maintenance demands at Fenway
Fields will likely cause the public works operations budget to go over.
Both the Fire Chief and Police Chief, who were unable to attend, provided Interim City
Administrator Chaika a proposal for a computer support line increase for $48,000, which was
related to Flock Cameras. It was noted that Police Chief Hanegraaf preferred including this
expense in the operating budget. The remaining increase in the computer support line was for
the Washington County Sheriff’s Office records management system and additional technology
for day-to-day patrols. The Police Chief noted that the increased fuel prices were reflected, but
they had switched over to more hybrid vehicles. Fire Chief Alan Newman said that the increased
expense was for the part-time on-call firefighters, who had to respond to an increase in calls,
and the safe turnout gear.
Mayor Roberts asked if they had a longer-term contract with Flock or why there was an
increase. Finance Director Reichert noted that the previous expenses were included in the
capital improvement plan due to installation costs. The breakdown was $3,000 per camera, per
year. It was no longer a capital expense, but rather an operational expense.
Councilmember Erickson asked for information about the contract with Flock. Interim City
Administrator Chaika would look for the information and provide it.
Finance Director Reichert discussed the difference between the net levy impact and the levy
impact with the four proposed positions. She noted that the positions were budgeted, but if
they were not filled, the professional services costs would increase. She said that the Police
Chief was open to a flexible start date for an additional Patrol Officer.
Director Adams discussed the need to fill out the top end of the department. He is proposing the
addition of a Parks Superintendent. Staff noted that merging parks programming and park
maintenance in addition to this position would allow the parks team to be led more efficiently
and assist in executing the City’s Parks Master Plan.
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Director Wittman discussed the need to hire a Planner to free up time for the Community
Development staff to focus on economic development. She noted that they would still have
some consultant costs for long-range planning. She discussed the need to hire Building Inspector
II. Councilmember Miller said that the planner and building inspector would likely help generate
additional funds for the City.
Following a request from Police Chief Hanegraaf to add an additional Patrol Officer position,
Council inquired about staffing at the Police Department. Staff responded that there were two
open positions, but they could review the call volume after the positions were fully staffed, to
determine what that city’s needs were in Public Safety. Because the additional Patrol Officer
was proposed due to the increase in population, Council inquired about how many homes were
built in the last year. Director Wittman responded that the rooftops were down from the
previous year, but the City also wanted additional staff for the anticipated development. She
thought that the 2027 construction would be approximately 100 roofs, but there would also be
multi-family sites.
Council discussed the proposed additional staff positions. Mayor Roberts expressed a need to
consider the headcount of staff. Councilmember Valento suggested a later start date for the
Park Superintendent and the Patrol Officer.
Circling back to the levy conversation, Finance Director Reichert stated that the City aims to
maintain a general fund balance between 40 and 50 percent, prompting a request for City
Council feedback given the preliminary general levy of 10.55 percent. In response, Mayor
Roberts requested illustrative examples showing five percent increments for the fund balance.
Councilmember Erickson indicated he is open to lowering the balance to 50 percent but urged
careful consideration, noting that such a reduction can only be executed once. Looking ahead,
Reichert explained that a Public Works Facility project will cause a larger, temporary spike in the
general fund levy in 2028 before it decreases again. She also promised to supply
Councilmembers with 2026 expense data and later confirmed via email that upcoming insurance
costs are projected to increase by approximately 6 percent.
c) Budget Survey Questions
Finance Director Reichert and Interim City Administrator Chaika led a City Council discussion
regarding the 2027 budget survey and airport capital projects. While emphasizing the
importance of public feedback, Chaika noted historically low engagement, pointing out that the
previous year’s budget survey received only 105 responses and the 2026 open house had zero
public attendees.
Council suggested a strategic priority questionnaire rather than a budget questionnaire to boost
engagement.
The discussion then shifted to the capital improvement budget, where two pending airport
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grant projects lacking funding through MnDOT grants could require levy funds, potentially
causing a four percent levy increase. Councilmember Miller advocated for gathering feedback
from airport lease-holders and weighing project pros and cons. Interim Administrator Chaika
explained that the projects would expand airport access and space.
Interim City Administrator Chaika asked Council if they had an appetite to convene for a special
budget workshop earlier in August before Finance Director Reichert goes on leave. Director
Reichert committed to sending out possible dates for the special workshop with the Budget
Survey and Presentation via email in the near future.

6. Adjourn

Motion: Mayor Roberts adjourned the Council Workshop at 8:12 p.m.

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City Council

1408 Lake Street South
Forest Lake, MN 55025

Regular Meeting

www.ci.forest-lake.mn.us

~ Minutes ~
Monday, July 28, 2026

6:00 PM

City Center - Council Chamber

City of Forest Lake - Livestream and Recorded Meetings

1. Call to Order
2. Roll Call
Attendee Name
Blake Roberts
Kevin Miller
Hanna Valento
Leif Erickson
Jeff Larson

Title

Mayor
Councilmember
Councilmember
Councilmember
Councilmember

Status
Present
Present
Present
Present
Present

Arrived

3. Pledge of Allegiance
4. Approve the Agenda (Action)
Motion to: Councilmember Erickson made a motion to approve the Agenda. Motion seconded by
Councilmember Valento. Motion carried 5-0.

5. Open Forum – Citizen Petitions, Requests, and Concerns

Eugene Herstel, 10234 204th Street N, expressed his gratitude for living in the United States of
America. He asked the Council for less regulations within the City.
Jaime Deitchman (56 7th Street NW) recommended requiring food truck licensees to present State
and County licenses upon request, voiced opposition to using franchise fees to fund the public works
facility and suggested phasing the facility's construction over a few years to secure better project
pricing from Kraus-Anderson.

6. Consent Agenda Considerations (Action Items)
a. City Invoices
i. Airport Invoices
ii. General Invoices
b. July 13, 2026 Regular Council Meeting Minutes
c. LG220 Application – Forest Lake Red Line Club
d. LG240B Application – Forest Lake Boys Lax Club
e. Temporary Liquor License Applications – American Legion Post 225
f. Liquor/Tobacco License Application – Northern-Lights Liquors Inc dba Westlake Warehouse
Liquors Inc.
g. Interstate Investments, LLC, Permanent Drainage and Utility Easement
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City Council

1408 Lake Street South
Forest Lake, MN 55025

Regular Meeting

www.ci.forest-lake.mn.us

~ Minutes ~
Monday, July 28, 2026

h.
i.
j.
k.
l.

6:00 PM

City Center - Council Chamber

Amberly Woods Blanket Roadway and Drainage and Utility Easements
KulenKamp Deed Restriction
2026 Street Pavement Maintenance Project – Request for Payment No. 1.
Work-Out-of-Class Authorization: Financial Analyst
Seasonal Hiring Recommendation

Motion: Councilmember Larson made a motion to approve the Consent Agenda. Motion seconded
by Councilmember Erickson. Motion Carried 5-0.

7. Regular Agenda (Action Items)
a. Forest Lake Cable Commission Technology Funding – Paul Peterson

Interim City Administrator introduced Paul Peterson and the need for new technology in the
Council Chamber. Mr. Peterson provided a brief history of the current outdated technology,
processes for repair and who has historically been responsible for paying for the equipment. Mr.
Peterson presented quotes he received for equipment replacement and asked Council for
feedback.

Council inquired about the ownership of the equipment. Mr. Peterson stated that prior to his
association with the Cable Commission, the City decided that they did not want to own the
equipment. Councilmember Valento briefly noted a joint powers agreement with the Cable
Commission and stated the time may be ripe to discuss the possibility of replacing the equipment
and reviewing the current policy.
Council wanted to know if the replacements would be worth the cost with the risk of new
equipment not being compatible with old equipment. Mr. Peterson explained what items could
be easily replaced without the risk of incompatibility. Council and Staff discussed the different
budgets which the equipment could be paid for. Mayor Roberts and Council expressed support
for improving the technology in the Council Chamber.

b. Birchwood Estates Concept Plan – Abbi Wittman

Community Development Director Abbi Wittman presented the Birchwood Estates Concept
Plan, a proposed Planned Unit Development (PUD) encompassing nearly 32 net developable
acres with proposed lot sizes of approximately 7,200 square feet. Director Wittman reviewed the
setback widths, minimum separation distances for the detached townhomes, and noted that
required utility access points would connect from County Road 50 and 204th Street North. She
also highlighted potential wetland impacts that will necessitate a Watershed District permit. Staff
emphasized that the current discussion was intended to provide non-binding feedback to
Developer, Warren Wilson, who was present to address previous advisory reviews.
The concept plan had already undergone review by both the Parks and Recreation Commission
and the Planning Commission. The Parks and Recreation Commission recommended that the

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project incorporate a larger land dedication to seamlessly combine with the dedicated wetland
and woodland areas in the adjacent Amberly Woods neighborhood. The Planning Commission
requested that the developer rework the detached townhome layout to feature conforming
streets, thereby addressing maintenance, snow storage, guest parking, and public safety access
concerns. Additionally, the Planning Commission recommended maintaining standard 65-foot
lot widths, reconsidering all requested setback reductions, and prioritizing the environmental
preservation of the southeastern woodland area.
Following a brief response from Mr. Wilson regarding the Planning Commission's concerns,
Director Wittman asked the Council for input regarding their overall support for a detached
townhome community. The Council expressed general support but voiced concerns regarding
the developer's intent to utilize private roads on the property.

c. Headwaters 12th Drainage Abatement and Partial Reimbursement – Abbi Wittman

Community Development Director Abbi Wittman presented a request to authorize using escrow
funds to address remaining stormwater drainage issues in the Headwaters 12th development.
Since the neighborhood's approval in 2020, mass grading and home construction have led to
numerous resident complaints regarding drainage on private properties and within public utility
easements. In 2025, the Developer agreed to a corrective grading plan to rectify these violations.
While most issues were resolved, four specific areas of concern remained on private property
and within the public drainage easement.

On June 15, the City sent a formal notice instructing the builder to rectify the outstanding issues;
however, the developer failed to make the required corrections. Staff explained that the City
retains builder escrow deposits specifically to fund abatement services if a contractor or Public
Works must step in to complete unresolved work. The requested escrow funds would serve two
purposes: funding City Public Works to correct public stormwater infrastructure—including
minor grading improvements adjacent to 19757 and 19767 Bulk Court—and providing partial
reimbursement to affected property owners. Staff confirmed that the proposed work is now
complete and verified as sufficient to prevent future drainage problems. The total escrow funds
held by the City are sufficient to cover all repair and reimbursement costs.
Regarding owner reimbursements, staff clarified that individual property escrows are capped at
$1,500. One property owner submitted an invoice exceeding $10,000; while this invoice included
unrelated private property work, staff verified that at least $1,500 was directly applicable to the
public drainage system, qualifying them for the maximum $1,500 reimbursement. A second
property owner verbally reported making payments but has not yet submitted documentation.
Upon Council approval, the second owner will also receive reimbursement up to the $1,500
maximum once official proof of payment is provided to staff.
Council members expressed strong support for the resolution, noting that drainage issues are
among the most common resident complaints and that resolving them is vital for current and
future homeowners. Staff noted that this request is likely the first of several similar upcoming
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escrow reviews. While some future neighborhoods may lack sufficient escrow funds—requiring
the City to accept improvements "as is" and notify landowners accordingly—this specific case
provided an opportunity to utilize available funds to successfully close out a problematic
neighborhood.
Motion: Councilmember Erickson made a motion to authorize staff to utilize Headwaters 12th escrow
deposits for stormwater drainage abatement and partial reimbursement as described. Motion seconded
by Councilmember Miller. Motion carried 5-0.

d. Tree Replacement Policy – Dave Adams

Public Works Director Dave Adams recapped previous conversations about an update to the
City’s current tree replacement policy. He presented the new tree replacement policy which
states that the City would replace the diseased or damaged trees they remove by planting them
in other city-owned areas such as parks, parking lots and other public spaces.

Motion: Councilmember Larson made a motion move to formally adopt the Tree Replacement Policy as
presented. Motion seconded by Councilmember Valento. Motion carried 5-0.

e.
Airport Commission Ordinance – Jolleen Chaika
Interim City Administrator presented Ordinance 773 which updates Chapter 31 of the City Code
regarding the officer elections and membership structure of the Airport Commission. The proposed
Ordinance maintains the requirement that all five voting members of the Commission must be City
residents. Additionally, it establishes a new, non-voting, ad hoc advisory position. This advisory role
can be filled by either a resident or a non-resident, provided they hold an active airport ground lease
or possess relevant aviation experience. The Ordinance also eliminates the Commission's secretary
position and changes the election cycle for the chair and vice-chair, dictating that leadership
elections will occur following a change in Commission membership rather than on a strict annual
basis.
Motion: Councilmember Miller made a motion move to approve Ordinance No. 773 amending Chapter
31 of the City Code regarding Airport Commission officer elections and membership. Motion seconded
by Councilmember Erickson. Motion carried 5-0.

f. City Administrator Recruitment – Jolleen Chaika
On July 23, Administrator Chaika and the rest of the Personnel Committee met to discuss the
recruitment process for the vacant City Administrator position. The Committee reviewed the
previous agreement with recruitment firm SRG, noting a contractual guarantee for a no-cost
replacement search. However, the Committee expressed significant concerns regarding SRG's
boilerplate procedures, inadequate candidate vetting, and limited public sector expertise, which
contributed to the prior candidate failing to meet core requirements. Given the critical nature of
the role and a highly competitive market, the Committee concluded that executing the free search
with SRG would be inefficient. Instead, they recommended soliciting proposals from alternative
firms with demonstrated public sector success, using approximately $84,000 in projected salary
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~ Minutes ~
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savings from the current vacancy to offset potential costs. The Committee requested a formal
Council motion authorizing staff to solicit these proposals and return with at least three options
for Council selection. Upon discussion, Council was agreeable with the Personnel Committee;
despite the no-cost guarantee from the last agreement, SRG’s may not be the best option to find
a suitable candidate for the vacant City Administrator position.
Motion: Councilmember Larson made a motion to authorize staff to solicit proposals from firms with
demonstrated expertise and a successful track record in public-sector executive recruitment and to
Council with at least three qualified proposals for review and selection. Motion Seconded by
Councilmember Valento. Motion carried 5-0.

g. Fund Balance Policy – Elle Reichert

Finance Director Elle Reichert presented a request to formalize and update the City's General
Fund (Fund 101) balance policy, marking the fourth time the policy conversation has been
brought before the Council. Currently, the policy requires the City to maintain a strict 50%
reserve balance. Based on consultations with the City’s financial advisors, Ehlers, as well as City
auditors and evolving state-wide practices, staff recommended updating the policy to a target
range of 40% to 50%.
Director Reichert explained that this amendment applies strictly to the General Fund, which is
primarily supported by the general tax levy, and provides greater fiscal flexibility while
maintaining strong stewardship of government funds. During the discussion, Council asked if
capping the upper limit at 50% posed any concern, noting that growing cities sometimes need
higher reserves and pointing out that Rosemount utilizes a 45% to 55% range. Staff clarified that
the primary objective of the policy range is to ensure the balance does not fall below the 40%
floor. Staff assured the Council that exceeding the 50% threshold would not trigger audit findings
or non-compliance notices, as budget fluctuations—such as personnel vacancies—are common
and often outside direct control. Councilmembers expressed agreement, noting that the flexible
range helps keep the tax levy down while maintaining a conservative, responsible fiscal
approach.

Motion: Councilmember Erickson made a motion for staff to prepare amendments to the Financial
Management Policy reflecting the proposed fund balance target range of 40% to 50% for future
consideration and adoption. Motion seconded by Councilmember Miller. Motion carried 5-0.

Discussion
a. Budget Survey Finalization - Elle Reichert

Finance Director Reichert presented the finalized framework for the upcoming strategic budget
survey. Following feedback from a recent Council workshop, Councilmember Erickson provided
staff with revised, forward-thinking questions structured to gather big-picture public input
regarding the City's future direction, strategic priorities, and service gaps. Director Reichert
explained that while residents generally prefer to avoid tax increases, the survey asks
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respondents to identify the primary driving factors and municipal services that would justify a
levy adjustment.

8. Staff Updates

City Engineer Ryan Goodman provided Council with some updates on some ongoing street
improvement projects.
Public Works Director Dave Adams stated that the base for a new signal pole was installed on
Monday. He also stated that the pole will be painted once it’s completely installed.

Interim City Administrator Jolleen Chaika announced that Candidate Filing period closed this evening
at 5:00 PM. The City received five affidavits of candidacy, and those five candidates will be included
on the general election ballot this fall; the information can be viewed on the Secretary of State’s
website. She also noted that the withdrawal period will close on August 30th at 5:00 PM per State
statue. Administrator Chaika also mentioned that the City is working on revising its website so a more
aesthetic and efficient website will be available to the public in the coming months.

9. Mayor and City Council Updates

Mayor Roberts, Councilmember Erickson, and Councilmember Miller announced that they are
running to keep their respective seats as Mayor and City Council.
Mayor Roberts thanked the Forest Lake Area Chamber for their successful golf event at Forest Hills
Golf Course on Monday evening.

10. Closed Session
Motion: Councilmember Erickson made a motion to move into closed session, pursuant to Minnesota
Statutes § 13D.05, Subd. 3(c)(3), to develop or consider offers or counter offers for the purchase or sale
of property identified as 30.032.21.33.0001, 30.032.21.34.0001, 30.032.21.42.0001, 30.032.21.43.0001,
30.032.21.41.0001, and 30.032.21.44.0001 Washington County, Minnesota. Motion seconded by
Councilmember Larson. Motion carried 5-0.
11. Adjourn
Motion: At 8:18pm, Councilmember Erickson made a motion to resume the regularly scheduled City
Council meeting. Motion seconded by Councilmember Valento. Motion Carried 5-0.
Motion: Mayor Roberts adjourned the regular session of the City Council meeting at 8:19pm.

City Council

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29

CITY OF FOREST LAKE
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 08-10-26-01
RESOLUTION DELARING SURPLUS PROPERTY AND AUTHORIZING ITS DISPOSAL

WHEREAS, the City of Forest Lake is in possession of the following equipment or
property which is no longer needed for public service and can be offered for sale and/or
disposal or donation pursuant to the terms of Minnesota Statutes, Sections 471.345, 412.221
and 471.64:
• 103: 2000 Chevrolet Pickup 903328 1GBJK34J5YF507444 F2290M172
• 115: 2015 GMC Pickup 941791 1GTV2TEH2FZ343459 G236C0139
• 121: 2017 GMC Pickup 957586 1GTN2LEH6HZ293877 G136E0463
• 203: 2002 Sterling Dump 903340 2FZAATAK22AJ70485 K2110N361
• 304: 2005 Felling Trailer 185957 5FTUE121751024883 J1170T039
• 426: 2024 Cat 242D T8A00925
NOW THEREFORE, be it resolved, by the City Council of the City of Forest Lake Minnesota,
as follows
1. The equipment or property listed above is declared surplus and is authorized to
be sold, donated, or otherwise disposed of pursuant to the provisions of
Minnesota Statutes, Sections 471.345, 412.211 and 471.64.
2. City staff are authorized to take the necessary actions to dispose of the equipment
or property listed above.
Adopted by the City Council of the City of Forest Lake this 10th day of August, 2026.

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, Interim City Administrator/Clerk

30

STAFF REPORT
MEETING DATE:

August 10th 2026

TO:

Mayor and City Council

STAFF ORIGINATOR: Amanda Milks, Deputy City Clerk
AGENDA ITEM:

On-Sale Liquor License – Rasa Ruelas LLC DBA Rancho Loco

______________________________________________________________________________
INTRODUCTION:

Rasa Ruelas LLC, doing business as Rancho Loco Bar & Grill, has applied for a new On-Sale Liquor License
following a change to the business's designated trustee. While Rancho Loco currently holds an active OnSale Liquor License, an official transfer to the new trustee, Angel Ruelas Castellano, is required to maintain
the lawful sale of alcoholic beverages.

ANALYSIS:

Pursuant to City Code §119.10, transferring the Trustee designation effectively transfers the liquor license.
Any post-transfer application will be treated as a new application and must receive City Council approval
prior to the finalization of the official license transfer.
The Deputy Clerk has reviewed the application and determined that all requirements have been met, and
all necessary supplemental application materials have been provided. The new applicant is currently
undergoing a background investigation with the City’s Police Department.
City staff have also determined that no additional license fees are required for the current term. Although
the transfer of a business license typically necessitates the assessment of new fees, this specific
transaction represents a strictly administrative transition from one officer to another within the same
entity. Furthermore, because the trust has already fully satisfied the licensing fees for the 2026 period,
staff recommend that no further fees be levied until the standard renewal cycle.
The full application is available for review in the Clerk’s Office.

RECOMMENDATION:

Staff recommend Council authorize the issuance of an On-Sale Liquor License to Rasa Ruelas LLC, doing
business as Rancho Loco Bar & Grill, designating Angel Ruelas Castellano as the new Officer and license
holder. This authorization is contingent upon the successful completion of a background investigation and
applicable fee.

ATTACHMENTS:

Resolution 08-10-26-02 – A Resolution Approving the Issuance of an On-Sale Liquor License to Rasa Ruelas
DBA Rancho Loco Bar & Grill

31

CITY OF FOREST LAKE
WASHINGTON COUNTY, MINNESOTA
RESOLUTION 08-10-26-02
APPROVING THE ISSUANCE FOR AN ONSALE LIQUOR LICENSE WITH SUNDAY SALES
FOR RASA RUELAS LLC DBA: RANCHO LOCO BAR AND GRILL
WHEREAS, the City of Forest Lake received an application from Angel Ruelas Castellano, on
behalf of Rasa Ruelas LLC, DBA Rancho Loco Bar & Grill, for an On-Sale Liquor License at 25 Lake Street
N, Forest Lake, Minnesota; and,
WHEREAS, the Deputy City Clerk has reviewed the application materials and
supplemental documentation and has found the application to be in conformance with city code
and state statute related to liquor licensing; and;
WHEREAS, the Forest Lake Police Department is currently processing the background
investigation for the license applicant.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Forest Lake Minnesota as follows:
1. Approval Granted: The City Council hereby grants local approval for the lawful sales of alcoholic
beverages at Rancho Loco Bar and Grill, located at 25 Lake Street N Forest Lake, Minnesota.
2. Conditional Effectiveness: This approval is expressly conditioned upon the fulfillment of the
following requirements:
a. Successful completion of a comprehensive background investigation.
b. Full payment of the background investigation fee.
c. Final regulatory approval from the Minnesota Alcohol and Gambling Enforcement Division
as the official licensing authority.
Adopted by the City Council of the City of Forest Lake this 10th of August 2026.

ATTEST:
__________________________________
Jolleen Chaika, Interim City Administrator/Clerk

__________________________________
Blake Roberts, Mayor

32

August 10, 2026
Honorable Mayor and City Council
City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025
RE:

Forest Lake Airport (25D)
Apron Expansion
SP No. A8206-25

Dear Mayor and Council:
I recommend the council approve Contractor’s Pay Request No. 1 and pay $145,673.34 to Dreamland
Contracting for the services they provided on the above referenced project. The request includes
withholding 2.5% retainage.
Funding for this project is being provided through a MnDOT grant, with participation as follows: 90%
MnDOT and 10% Local.
The Contractor has completed construction of the 120’ x 80’ apron expansion at the airport. This pay
application pays out the bid items as constructed and withholds 2.5% of the total work completed until
final restoration is established.
If you have any questions or require additional information, please contact me at 612-987-0138 or
[email protected].
Sincerely,
Bolton & Menk, Inc.

Silas Parmar, P.E.
Project Manager
Enclosures
Pay Application 1

H:\FRLK\26X142295000\7_Construction\D_Pay Applications\Est 1\25D_Apron_Pay_App_1_Cvr_Ltr.docx

33

34

Docusign Envelope ID: 3623B4F6-E6D5-8248-8380-918A29C60268
35

July 28, 2026
Honorable Mayor and City Council
City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025
RE:

Forest Lake Airport (25D)
Airport Runway 13/31 and Taxiway A Extension Project
SP No. A8206-30

Dear Mayor and Council:
I recommend the council approve Contractor’s Pay Request No. 2 and pay $279,181.25 to Forest Lake
Contracting for the services they provided on the above referenced project. The request includes
withholding 5% retainage.
Funding for this project is being provided through a MnDOT grant, with participation as follows: 90%
MnDOT and 10% Local.
The Contractor has completed the runway and taxiway extension pavement section construction
through bituminous paving. Additional completed work includes site grading for stormwater
management.
If you have any questions or require additional information, please contact me at 612-987-0138 or
[email protected].
Sincerely,
Bolton & Menk, Inc.

Silas Parmar, P.E.
Project Manager
Enclosures

H:\FRLK\24X136495000\7_Construction\D_Pay Applications\Est 2\25D_Pay_App_Cvr_Ltr.docx

Docusign Envelope ID: 3623B4F6-E6D5-8248-8380-918A29C60268
36

Contractor's Application for Payment
Owner:
City of Forest Lake
Engineer:
Bolton & Menk, Inc.
Contractor: Forest Lake Contracting, Inc.
Project:
Runaway 13/31 and Taxiway A Extension

Application No.:
Application Period:

2
From

Owner's Project No.:
Engineer's Project No.: 24X.136495
Agency's Project No.: SP A8206-30 / 1062407

Application Date:
6/27/2026
to

7/25/2026
7/24/2026

1. Original Contract Price
2. Net change by Change Orders
3. Current Contract Price (Line 1 + Line 2)
4. Total Work completed and materials stored to date
(Sum of Column G Lump Sum Total and Column J Unit Price Total)
5. Retainage
5%
699,606.25 Work Completed
a.
X $
- Stored Materials
b.
X $
c. Total Retainage (Line 5.a + Line 5.b)
6. Amount eligible to date (Line 4 - Line 5.c)
7. Less previous payments
8. Amount due this application
9. Balance to finish, including retainage (Line 3 - Line 4)

$
$
$

987,006.00
987,006.00

$

699,606.25

$
$
$
$
$
$
$

34,980.31
34,980.31
664,625.94
385,444.69
279,181.25
287,399.75

Contractor's Certification
The undersigned Contractor certifies, to the best of its knowledge, the following:
(1) All previous progress payments received from Owner on account of Work done under the Contract have been applied on
account to discharge Contractor's legitimate obligations incurred in connection with the Work covered by prior Applications for
Payment;
(2) Title to all Work, materials and equipment incorporated in said Work, or otherwise listed in or covered by this Application for
Payment, will pass to Owner at time of payment free and clear of all liens, security interests, and encumbrances (except such as
are covered by a bond acceptable to Owner indemnifying Owner against any such liens, security interest, or encumbrances); and
(3) All the Work covered by this Application for Payment is in accordance with the Contract Documents and is not defective.

Contractor: Forest Lake Contracting, Inc.
Signature:
Name:

Robert Vollhaber

Date:

July 28, 2026

Title:

President

Recommended by Bolton & Menk, Inc.

Approved by Forest Lake

By:

By:

Name:

Silas Parmar

Name:

Title:

Project Manager

Title:

Date:

7/25/2026

Date:

EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.

Docusign Envelope ID: 3623B4F6-E6D5-8248-8380-918A29C60268
Progress Estimate - Unit Price Work
Owner:
Engineer:
Contractor:
Project:
Application No.:
A

Contractor's Application for Payment
37
Owner's Project No.:

City of Forest Lake
Bolton & Menk, Inc.
Forest Lake Contracting, Inc.
Runaway 13/31 and Taxiway A Extension
Application Period:

2

B

Engineer's Project No.: 24X.136495
Agency's Project No.: SP A8206-30 / 1062407

From

C

06/27/26

to

D
E
Contract Information

Application Date: 07/25/26

07/24/26

F

Value of Bid Item
(C X E)
($)

F1
F2
Previous Estimate

G

H
Work Completed

Estimated
Value of Work
Quantity
Completed to Date
Incorporated in
(E X G)
the Work
($)

Quantity Previous
Value Previous
Unit Price
Bid Item
Item Quantity
Units
($)
Estimate
Estimate
Description
No.
BASE BID: RUNWAY 13/31 300-FOOT EXTENSION
PROVIDE AND INSTALL LOW-PROFILE BARRICADES
1
6.00 EACH
300.00
1,800.00
2.00
600.00
RUNWAY CLOSURE CROSSES
2
1.00 SET
500.00
500.00
1.00
500.00
MOBILIZATION
3
1.00 LUMP SUM
40,000.00
40,000.00
0.50
20,000.00
REMOVE AND SALVAGE RUNWAY THRESHOLD LIGHT
4
6.00 EACH
250.00
1,500.00
6.00
1,500.00
PAVEMENT MARKING REMOVAL
5
14,120.00 SQ FT
1.00
14,120.00
5,200.00
5,200.00
DISCONNECT RUNWAY EDGE LIGHT
6
5.00 EACH
125.00
625.00
5.00
625.00
REMOVE PAPIS
7
2.00 SET
2,200.00
4,400.00
2.00
4,400.00
REMOVE 6" DRAIN TILE
8
75.00 LIN FT
10.00
750.00
223.00
2,230.00
REMOVE 15" RC PIPE
9
190.00 LIN FT
14.00
2,660.00
266.50
3,731.00
REMOVE 15" RC APRON
10
3.00 EACH
300.00
900.00
3.00
900.00
REMOVE STORM SEWER CLEANOUT
11
6.00 EACH
100.00
600.00
6.00
600.00
SAWCUTTING BITUMINOUS PAVEMENT
12
143.00 LIN FT
3.00
429.00
COMMON EXCAVATION (P)
13
2,800.00 CU YD
25.00
70,000.00
2,800.00
70,000.00
SUBGRADE EXCAVATION (EV)
14
280.00 CU YD
25.00
7,000.00
COMMON BORROW, OFF SITE (CV)
15
10,900.00 CU YD
9.00
98,100.00
10,000.00
90,000.00
SELECT GRANULAR BORROW (CV)
16
3,000.00 CU YD
30.00
90,000.00
1,500.00
45,000.00
GEOTEXTILE FABRIC
17
2,563.00 SQ YD
3.00
7,689.00
AGGREGATE BASE CLASS 5 (CV)
18
592.00 CU YD
35.00
20,720.00
BITUMINOUS
JOINT
(SAW,
ROUT,
SEAL)
19
530.00 LIN FT
14.00
7,420.00
TYPE SP 9.5 NON WEARING COURSE MIXTURE (2,B)
20
270.00 TONS
110.00
29,700.00
TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)
21
270.00 TONS
110.00
29,700.00
15" RC PIPE APRON
22
5.00 EACH
1,600.00
8,000.00
5.00
8,000.00
18" RC PIPE APRON
23
2.00 EACH
1,800.00
3,600.00
2.00
3,600.00
15" RC PIPE CULVERT CLASS V
24
304.00 LIN FT
75.00
22,800.00
320.00
24,000.00
18" RC PIPE CULVERT CLASS V
25
192.00 LIN FT
80.00
15,360.00
192.00
15,360.00
6" PERFORATED PVC DRAIN TILE
26
720.00 LIN FT
25.00
18,000.00
717.00
17,925.00
4" PERFORATED PVC DRAIN TILE
27
470.00 LIN FT
25.00
11,750.00
4" PVC EDGE DRAIN CLEANOUT
28
4.00 EACH
600.00
2,400.00
CONNECT TO EXISTING RC PIPE
29
4.00 EACH
1,200.00
4,800.00
1.00
1,200.00
CONST. DRAINAGE STRUCTURE DES 48-4020
30
1.00 EACH
6,000.00
6,000.00
0.80
4,800.00
SILT FENCE TYPE MS
31
2,500.00 LIN FT
2.00
5,000.00
1,602.00
3,204.00
TOPSOIL RESPREAD
32
2,630.00 CU YD
1.00
2,630.00
ROLLED EROSION PREVENTION CATEGORY 25
33
1,316.00 SQ YD
2.00
2,632.00
TOPSOIL BORROW
34
330.00 CU YD
12.00
3,960.00
SEED, FERTILIZER, AND HYDROMULCH
35
4.00 ACRE
2,700.00
10,800.00
NO. 8 AWG, 5kV CABLE, INSTALLED IN DUCT BANK OR
36
2,760.00 LIN FT
1.90
5,244.00
NO. 6 AWG, 600V CABLE, INSTALLED IN DUCT BANK OR
37
1,840.00 LIN FT
2.25
4,140.00
NO. 10 AWG, 600V CABLE, INSTALLED IN DUCT BANK OR
38
370.00 LIN FT
3.15
1,165.50
NO
.
6
AWG,
BARE
COUNTERPOISE
W/
GROUND
RODS
39
750.00 LIN FT
3.00
2,250.00
2-CELL 3" ELECTRICAL DUCT BANK
40
50.00 LIN FT
75.00
3,750.00
2-INCH SCHEDULE 40 PVC OR PE DUCT, INCLUDING TRENCH
41
2,070.00 LIN FT
4.10
8,487.00
MEDIUM INTENSITY RUNWAY LIGHT, LED (MIRL)
42
3.00 EACH
2,000.00
6,000.00
MEDIUM INTENSITY RUNWAY THRESHOLD LIGHT,LED
43
6.00 EACH
2,200.00
13,200.00
INSTALL TEMPORARY MEDIUM INTENSITY RUNWAY
44
6.00 EACH
600.00
3,600.00
6.00
3,600.00
MEDIUM INTENSITY TAXIWAY LIGHT,LED (MITL)
45
6.00 EACH
2,000.00
12,000.00
L-867 HANDHOLE
46
4.00 EACH
1,500.00
6,000.00
AIRFIELD GUIDANCE SIGN
47
4.00 EACH
6,200.00
24,800.00
REMOVE, SALVAGE, AND RE-INSTALL REILS
48
1.00 SET
10,000.00
10,000.00
0.50
5,000.00
PAPI SYSTEM (2-BOX)
49
2.00 SET
38,000.00
76,000.00
VAULT ELECTRICAL SYSTEMS & TESTING
50
1.00 SET
800.00
800.00
ASPHALT SURFACE TREATMENT
51
25,063.00 SQ YD
2.00
50,126.00
PAVEMENT MARKINGS, WHITE
52
8,860.00 SQ FT
1.00
8,860.00
PAVEMENT MARKINGS, YELLOW
53
620.00 SQ FT
1.00
620.00
TEMPORARY PAVEMENT MARKINGS, WHITE
54
2,510.00 SQ FT
1.25
3,137.50
3,489.00
4,361.25
TEMPORARY PAVEMENT MARKINGS, YELLOW
55
1,110.00 SQ FT
1.25
1,387.50
1,116.00
1,395.00
BASE BID: RUNWAY 13/31 300-FOOT EXTENSION TOTAL
787,912.50
27,466.30
337,731.25
EJCDC C-620 Contractor's Application for Payment
Unit Price
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.

2.00
1.00
1.00
6.00
5,200.00
5.00
2.00
223.00
266.50
3.00
6.00
164.00
2,800.00
10,900.00
3,000.00
2,563.00
592.00
270.00
255.00
5.00
2.00
320.00
192.00
717.00
463.00
4.00
3.00
1.00
1,646.00
2,630.00
200.00
50.00
1,500.00
1.50
3.00
6.00
3.00
2.00
0.50
3,489.00
1,116.00
38,613.50

600.00
500.00
40,000.00
1,500.00
5,200.00
625.00
4,400.00
2,230.00
3,731.00
900.00
600.00
492.00
70,000.00
98,100.00
90,000.00
7,689.00
20,720.00
29,700.00
28,050.00
8,000.00
3,600.00
24,000.00
15,360.00
17,925.00
11,575.00
2,400.00
3,600.00
6,000.00
3,292.00
2,630.00
2,400.00
3,750.00
6,150.00
3,000.00
6,600.00
3,600.00
6,000.00
3,000.00
5,000.00
4,361.25
1,395.00
548,675.25

I

J
K
Work
% of
Completed
and Materials Value of
Item
Stored to Date
(J / F)
(H + I)
(%)
($)

Materials Currently
Stored (not in G)
($)

-

600.00
500.00
40,000.00
1,500.00
5,200.00
625.00
4,400.00
2,230.00
3,731.00
900.00
600.00
492.00
70,000.00
98,100.00
90,000.00
7,689.00
20,720.00
29,700.00
28,050.00
8,000.00
3,600.00
24,000.00
15,360.00
17,925.00
11,575.00
2,400.00
3,600.00
6,000.00
3,292.00
2,630.00
2,400.00
3,750.00
6,150.00
3,000.00
6,600.00
3,600.00
6,000.00
3,000.00
5,000.00
4,361.25
1,395.00
548,675.25

33%
100%
100%
100%
37%
100%
100%
297%
140%
100%
100%
115%
100%
100%
100%
100%
100%
100%
94%
100%
100%
105%
100%
100%
99%
100%
75%
100%
66%
100%
61%

100%
72%
50%
50%
100%
50%
50%
50%

139%
101%
70%

L

Balance to Finish
(F - J)
($)
1,200.00
8,920.00
(1,480.00)
(1,071.00)
(63.00)
7,000.00
7,420.00
1,650.00
(1,200.00)
75.00
175.00
1,200.00
1,708.00
2,632.00
1,560.00
10,800.00
5,244.00
4,140.00
1,165.50
2,250.00
2,337.00
3,000.00
6,600.00
6,000.00
3,000.00
24,800.00
5,000.00
76,000.00
800.00
50,126.00
8,860.00
620.00
(1,223.75)
(7.50)
239,237.25
1 of 2

Docusign Envelope ID: 3623B4F6-E6D5-8248-8380-918A29C60268
Progress Estimate - Unit Price Work
Owner:
Engineer:
Contractor:
Project:
Application No.:
A

Contractor's Application for Payment
38
Owner's Project No.:

City of Forest Lake
Bolton & Menk, Inc.
Forest Lake Contracting, Inc.
Runaway 13/31 and Taxiway A Extension

Engineer's Project No.: 24X.136495
Agency's Project No.: SP A8206-30 / 1062407

Application Period:

2

B

Bid Item
No.
Description
BID ALTERNATE 1: TAXIWAY A 300-FOOT EXTENSION
MOBILIZATION
56
SAWCUTTING BITUMINOUS PAVEMENT
57
COMMON EXCAVATION (P)
58
SUBGRADE EXCAVATION (EV)
59
COMMON BORROW, OFF SITE (CV)
60
SELECT GRANULAR BORROW (CV)
61
GEOTEXTILE FABRIC
62
AGGREGATE BASE CLASS 5 (CV)
63
BITUMINOUS JOINT (SAW, ROUT, SEAL)
64
TYPE SP 9.5 NON WEARING COURSE MIXTURE (2,B)
65
TYPE SP 9.5 WEARING COURSE MIXTURE (2,B)
66
TOPSOIL BORROW
67
RETROREFLECTIVE MARKER
68
ASPHALT SURFACE TREATMENT
69
PAVEMENT MARKINGS, YELLOW
70

From

06/27/26

C

to

Item Quantity

Units

Unit Price
($)

F

F1
F2
Previous Estimate

Value of Bid Item
(C X E)
($)

Quantity Previous
Estimate

2,000.00
609.00
4,000.00
400.00
21,150.00
51,300.00
6,372.00
17,640.00
5,460.00
24,640.00
24,640.00
240.00
1,710.00
33,070.00
5,862.50
199,093.50

0.50
160.00
2,000.00
1,500.00
3,660.50

1.00 LUMP SUM
2,000.00
203.00 LIN FT
3.00
160.00 CU YD
25.00
16.00 CU YD
25.00
2,350.00 CU YD
9.00
1,710.00 CU YD
30.00
2,124.00 SQ YD
3.00
504.00 CU YD
35.00
390.00 LIN FT
14.00
224.00 TONS
110.00
224.00 TONS
110.00
20.00 CU YD
12.00
18.00 EACH
95.00
16,535.00 SQ YD
2.00
3,350.00 SQ FT
1.75
BID ALTERNATE 1: TAXIWAY A 300-FOOT EXTENSION TOTAL
BASE BID + BID ALTERNATE 1 TOTAL $

Unit Price

Application Date: 07/25/26

07/24/26

D
E
Contract Information

987,006.00

Value Previous
Estimate

G

Estimated
Value of Work
Quantity
Completed to Date
Incorporated in
(E X G)
the Work
($)

1,000.00
4,000.00
18,000.00
45,000.00
68,000.00
$

H
Work Completed

405,731.25

EJCDC C-620 Contractor's Application for Payment
(c) 2018 National Society of Professional Engineers for EJCDC. All rights reserved.

1.00
163.00
160.00
2,350.00
1,710.00
2,124.00
504.00
225.00
209.00
20.00
7,466.00

I

Materials Currently
Stored (not in G)
($)

2,000.00
489.00
4,000.00
21,150.00
51,300.00
6,372.00
17,640.00
24,750.00
22,990.00
240.00
150,931.00
$

699,606.25 $

J
K
Work
Completed
% of
and Materials Value of
Stored to Date
Item
(H + I)
(J / F)
($)
(%)

-

2,000.00
489.00
4,000.00
21,150.00
51,300.00
6,372.00
17,640.00
24,750.00
22,990.00
240.00
150,931.00
$ 699,606.25

L

Balance to Finish
(F - J)
($)

100%
80%
100%

76%

120.00
400.00
5,460.00
(110.00)
1,650.00
1,710.00
33,070.00
5,862.50
48,162.50

71% $

287,399.75

100%
100%
100%
100%
100%
93%
100%

2 of 2

39

STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Honorable Mayor Roberts and Members of the City Council

STAFF ORIGINATOR: Jolleen Chaika, Interim City Administrator
AGENDA ITEM:

Building Inspector Recruitment and Hiring Recommendation

INTRODUCTION:
In January 2025, the City’s Building Inspector I resigned, and the position has remained vacant.
Following an unsuccessful recruitment effort for the Building Inspector I position, staff evaluated
the Building Division’s operational needs, current labor market conditions, and continued
reliance on contracted inspection services. Based on that review, the City Council authorized the
conversion of the vacant Building Inspector I position to a Building Inspector II position.
Staff subsequently conducted a recruitment for the Building Inspector II position. Although the
recruitment did not result in the selection of a candidate who met the requirements for the
Building Inspector II classification, a candidate who participated in the interview process meets
the qualifications for the Building Inspector I classification.
The labor market for qualified building inspection professionals remains highly competitive, with
a limited pool of candidates possessing the certifications and experience required for the Building
Inspector II classification. The results of the City’s recruitment efforts reflect these broader
market conditions and support filling the immediate vacancy at the Building Inspector I level with
a qualified candidate who can continue developing the experience and certifications necessary
for future advancement.
Staff is therefore requesting authorization to revert the previously authorized Building Inspector
II position to a Building Inspector I position and proceed with the appointment of the qualified
candidate.
ANALYSIS:
Filling the vacancy at the Building Inspector I level will provide additional in-house inspection
capacity and help address the Building Division’s ongoing staffing needs. It will also allow the City
to fill the position promptly without conducting another recruitment.
Reclassifying the position from Building Inspector II to Building Inspector I will result in lower

40

personnel costs. The estimated annual salary savings are approximately $14,289 to $17,368.
Because the Building Inspector II position was previously authorized and budgeted, the proposed
appointment can be accommodated within the existing budget and will reduce anticipated
personnel expenditures.
In addition to the direct salary savings, filling the position will increase the City’s ability to perform
inspections internally and may help reduce its reliance on contracted inspection services. The
candidate identified through the recruitment process meets the established qualifications for
Building Inspector I and can provide needed support to the Building Division while gaining
experience and pursuing additional certifications.
Reclassifying the position as Building Inspector I represents a fiscally responsible approach that
addresses the City’s immediate staffing needs while preserving the opportunity for future
advancement based on experience, certifications, performance, and the operational needs of the
division.
After considering the candidate’s experience, qualifications, interview performance, and
references, staff recommends appointing Jeremiah Dean as Building Inspector I. Mr. Dean is
currently employed by SafeBuilt and provides inspection services to the City on a contractual
basis. As a result, he is already familiar with the City, its permitting processes, and its inspection
needs. The knowledge and experience he has gained while providing inspection services to the
City will facilitate a timely transition into the position.
The proposed conditional offer, subject to City Council approval and successful completion of a
background check and all other applicable pre-employment requirements, provides for
appointment at Grade 110, Step 2 of the City’s Salary Schedule. The offer also includes an initial
leave balance of 20 hours of vacation leave and 20 hours of sick leave.
RECOMMENDATION:
Staff recommends that the City Council authorize the City to fill the vacant position at the Building
Inspector I level and proceed with the appointment of Jeremiah Dean, subject to successful
completion of all applicable pre-employment requirements.

41

STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Blake Roberts and City Council Members

STAFF ORIGINATOR: Abbi Wittman, Community Development Director
AGENDA ITEM:

Forest Hills Preserve Encroachment Agreements

______________________________________________________________________________
INTRODUCTION:
In early 2025 City inspectors identified the need for the proposed encroachment agreements
through both site walkthroughs where encroachments into City held drainage and utility
easements were identified. At that time J. Johnson Development, on behalf of property owners
in the Forest Hills Preserve development, requested encroachment agreement approval.
Approval of the proposed encroachment agreements is a requirement of this developer to bring
the development back into conformance with City standards and policies.
ANALYSIS:
Reason for Request
On May 19, 2021, the City Council approved the final PUD plan and plat for this proposal,
subject to nine (9) conditions of approval including addressing all City Engineering Comments.
Though the City accepted the required easements as part of the Forest Hills Preserve plat, site
grading occurred outside the dedicated easements. This prompted the applicant to ask the City
to approve the vacation of four platted drainage and utility easements, accept new easements,
and amend the Development Agreement. That request was approved by the City Council on July
29, 2025.
In addition to the grading issues identified, staff also found that private improvements including
retaining walls, private wells, and drain tile lines were located within the City’s easements.
These encroachments were identified on several separate properties. Staff have worked with
several of the property owners, as noted below, to execute the final agreements:
• 9968 211th St N
• 9998 211th St N
• 10063 211th St N
• 10070 211th St N
• 10086 211th St N

1

42

The City controls land rights within drainage and utility easement areas. Typically, the City seeks
to restrict any private improvements within easement areas to maintain the intended function
of an easement (whether for drainage, utility corridors, etc.) In certain situations, the City will
use encroachment agreements are to allow for private improvements such as retaining walls,
fences, drain tile, etc. to be located in City held easement areas. If permitted through an
encroachment agreement, private improvements located in a City held easement may be
removed at the expense of the property owner. Approval of the proposed encroachment
agreements is the final step required to bring these properties back into compliance with the
City’s standards.
RECOMMENDATION:
Staff recommend that, with the passing of the Consent Agenda, the City Council approves the
encroachment agreements for 9968, 9998, 10063, 10070, and 10086 211th Street North.
ATTACHMENTS:
Encroachment Agreements (5)

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43

ENCROACHMENT AND MAINTENANCE AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS LOCATED AT 9968 211th CT N,
FOREST LAKE, WASHINGTON COUNTY, MINNESOTA
THIS ENCROACHMENT AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS LOCATED AT 9968 211th CT N, FOREST LAKE, WASHINGTON
COUNTY, MINNESOTA (Agreement) is made this ____ day of __________________, 2025,
by and between the City of Forest Lake (“City”), a Minnesota municipal corporation, and Brian &
Dona Kass, a husband and wife (“Landowner”).
Based on the covenants, agreements, representations and recitals herein contained, the parties
agree as follows:
ARTICLE 1
TERMS
1.1
Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2

City. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3
Subject Property. “Subject Property” means that certain real property located in
the City of Forest Lake, Washington County, Minnesota legally described on Exhibit A.
1.4
City Property. “City Property” means the platted and dedicated right of way and
easements located on and adjacent to the Subject Property as legally described in Exhibit A.
1.5
Landowner. “Landowner” means Brian & Dona Kass, a husband and wife, and
assigns and successors in interest with respect to the Subject Property.
1.6
Formal Notice. “Formal Notice” means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:

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IF TO CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55025

IF TO LANDOWNER:

Brian and Dona Kass
9968 211th Ct. N
Forest Lake, MN 55025

or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
1.7
Landowner Improvements. “Landowner Improvements” means the
approximately 80 foot long retaining wall constructed on the Subject Property in the City Property
as shown on Exhibit B.
1.8
City Improvements. “City Improvements” means all existing and future sidewalk,
pedestrian improvements, alleyway, roadway, curb and gutter, street and parking signs, sanitary
sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins,
water collection mechanisms, drainage facilities, maintenance access routes and other utility
appurtenances lying within the City Property now or in the future.
1.9
Survey. “Survey” means the sketch attached as Exhibit B which identifies the
location of the Landowner Improvements. The Survey is on file with the City.
1.10 City Utility Costs. “City Utility Costs” means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City’s Improvements located in the City Property
and the placement of additional City Improvements in the City Property. City Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Improvements, re-compacting the soils over the City Improvements, restoring the City
Property area, and all engineering and attorneys’ fees incurred in connection therewith. City
Utility Costs also include the costs of temporarily removing the Landowner Improvements and
subsequently replacing the Landowner Improvements in the City Property, if such costs have not
already been paid by the Landowners.
1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. “Cost Differential” means the difference between the PreEncroachment Costs and the City Utility Costs caused by the existence of the Landowner

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Improvements. The City’s reasonable determination of the amount of the Cost Differential shall
be binding on the Landowners. The City’s reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Property
located in Forest Lake, Washington County, Minnesota.
Recital No. 2 The City Property is on the Subject Property and adjacent to the Subject
Property. The City owns the City Property. The City Improvements are within the City Property
and future City Improvements may be located within the City Property.
Recital No. 3. Landowner has requested permission from the City to keep the
Landowner Improvements within the City Property for the benefit of the Subject Property.
Recital No. 4.
Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to remain within the City Property if the following conditions are met:
a.)

The Landowner maintains the Landowner Improvements;

b.)

The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of the City Improvements and the
placement of any future City Improvements in the City Property.

c.)

The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the existing City
Improvements or construct future City Improvements in the City Property.

d.)

The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.

NOW, THEREFORE, THE CITY OF FOREST LAKE AND THE UNDERSIGNED
LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS DO
HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1
Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at Landowner’s own cost, is hereby authorized
by the City to keep the Landowner Improvements within the City Property. The Landowner
Improvements shall only be placed at the location specified in the Survey.

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The Landowner shall not place any other structures, walls, fences, irrigation systems signs
or buildings within the City Property except for the Landowner Improvements. The Landowner,
at Landowner’s expense, shall maintain and repair the Landowner Improvements.
3.2
City Not Responsible For Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3
Continuing Right To City Property. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Property.
3.4
Subordinate Position of Landowner Improvements.
The Landowner
Improvements are subordinate to the rights of the City in the City Property and in the City
Improvements.
3.5
Risk of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Property may be adversely affected by use of the City Property.
The parties agree that the City is not responsible for such events; the City shall have no liability to
the Landowner for such events. The Landowner assumes the risk of keeping the Landowner
Improvements in the City Property area.
3.6
Landowner To Bear Cost of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Property.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvements in the City Property in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City
Improvements or adding future City Improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner twenty (20) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the twenty (20) days, then the City may proceed to
perform the tasks. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work. Bills not paid shall incur the standard
penalty and interest established by the City for utility billings within the City.
3.7
Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City determines that an
emergency exists. In such instance, the City, without giving Formal Notice to the Landowner may

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perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8
Cost Differential. If a Cost Differential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Differential to the City. The Landowner must make payment for the Cost Differential within 30
days after the City has sent a written invoice for the Cost Differential to the Landowner.
3.9
Modifications To Landowner Improvements. If in the future the City reasonably
determines that the Landowner Improvements interfere with access for inspection or with repair,
maintenance, reconstruction, or replacement of City Improvements, then the Landowner, at
Landowner’s own expense, shall make such modifications to the Landowner Improvements as
directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner twenty (20) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.)

The City may specifically enforce this Agreement.

b.)

If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then the
City may certify to Washington County the amounts due as payable with the real
estate taxes for the Subject Property in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all procedural
and substantive objections to the imposition of such usual and customary charges
on the Subject Property.

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Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Property for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Property. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges
that the benefit from the performance of tasks by the City equals or exceeds the
amount of the charges and assessments for the costs that are being imposed
hereunder upon the Subject Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
a.)

The Landowner Improvements;

b.)

Installation, maintenance and repair of the Landowners Improvements;

c.)

Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and

d.)

Use of the City Property for Landowner Improvements.

3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.14
Recorder.

Recording. The City may record this Agreement with the Washington County

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3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Property and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
This Agreement shall also be binding upon all after-acquired rights, interests and title of
the parties that may be acquired from and after the date of this Agreement.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.

CITY OF FOREST LAKE

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ____ day of __________________, 2025, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that the
seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.

________________________________________
Notary Public

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LANDOWNER

_____________________________
Signature, Brian Kass (Husband)

_____________________________
Signature, Dona Kass (Wife)

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this _____ day of ___________________, 2025, before me a Notary Public within and for said
County, personally appeared Brian and Dona Kass, Property Owners, to me personally known to be
the person described in and who executed the foregoing instrument and they acknowledged that
they executed the same as her free act and deed.

Notary Public

This instrument was drafted by:
The City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY AND CITY PROPERTY
Lot 18, Block 1, Forest Hills Preserve
Property Identification Number: 13.032.21.43.0023

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EXHIBIT B
SURVEY AND DEPICTION OF ENCROACHMENT

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ENCROACHMENT AND MAINTENANCE AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS LOCATED AT 9998 211th CT N,
FOREST LAKE, WASHINGTON COUNTY, MINNESOTA
THIS ENCROACHMENT AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS LOCATED AT 9998 211th CT N, FOREST LAKE, WASHINGTON
COUNTY, MINNESOTA (Agreement) is made this ____ day of __________________, 2025,
by and between the City of Forest Lake (“City”), a Minnesota municipal corporation, and Guidance
Homes Inc., a Corporation (“Landowner”).
Based on the covenants, agreements, representations and recitals herein contained, the parties
agree as follows:
ARTICLE 1
TERMS
1.1
Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2

City. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3
Subject Property. “Subject Property” means that certain real property located in
the City of Forest Lake, Washington County, Minnesota legally described on Exhibit A.
1.4
City Property. “City Property” means the platted and dedicated right of way and
easements located on and adjacent to the Subject Property as legally described in Exhibit A.
1.5
Landowner. “Landowner” means Guidance Homes Inc., a Corporation, and
assigns and successors in interest with respect to the Subject Property.
1.6
Formal Notice. “Formal Notice” means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:

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IF TO CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55025

IF TO LANDOWNER:

Guidance Homes Inc.
Attention: Jaren Johnson, CEO
167 Lake St N #2
Forest Lake, MN 55025

or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
1.7
Landowner Improvements. “Landowner Improvements” means the
approximately 10 foot section of retaining wall constructed on the Subject Property in the City
Property as shown on Exhibit B.
1.8
City Improvements. “City Improvements” means all existing and future sidewalk,
pedestrian improvements, alleyway, roadway, curb and gutter, street and parking signs, sanitary
sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins,
water collection mechanisms, drainage facilities, maintenance access routes and other utility
appurtenances lying within the City Property now or in the future.
1.9
Survey. “Survey” means the sketch attached as Exhibit B which identifies the
location of the Landowner Improvements. The Survey is on file with the City.
1.10 City Utility Costs. “City Utility Costs” means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City’s Improvements located in the City Property
and the placement of additional City Improvements in the City Property. City Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Improvements, re-compacting the soils over the City Improvements, restoring the City
Property area, and all engineering and attorneys’ fees incurred in connection therewith. City
Utility Costs also include the costs of temporarily removing the Landowner Improvements and
subsequently replacing the Landowner Improvements in the City Property, if such costs have not
already been paid by the Landowners.
1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.

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1.12 Cost Differential. “Cost Differential” means the difference between the PreEncroachment Costs and the City Utility Costs caused by the existence of the Landowner
Improvements. The City’s reasonable determination of the amount of the Cost Differential shall
be binding on the Landowners. The City’s reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Property
located in Forest Lake, Washington County, Minnesota.
Recital No. 2 The City Property is on the Subject Property and adjacent to the Subject
Property. The City owns the City Property. The City Improvements are within the City Property
and future City Improvements may be located within the City Property.
Recital No. 3. Landowner has requested permission from the City to keep the
Landowner Improvements within the City Property for the benefit of the Subject Property.
Recital No. 4.
Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to remain within the City Property if the following conditions are met:
a.)

The Landowner maintains the Landowner Improvements;

b.)

The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of the City Improvements and the
placement of any future City Improvements in the City Property.

c.)

The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the existing City
Improvements or construct future City Improvements in the City Property.

d.)

The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.

NOW, THEREFORE, THE CITY OF FOREST LAKE AND THE UNDERSIGNED
LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS DO
HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1
Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at Landowner’s own cost, is hereby authorized

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by the City to keep the Landowner Improvements within the City Property. The Landowner
Improvements shall only be placed at the location specified in the Survey.
The Landowner shall not place any other structures, walls, fences, irrigation systems signs
or buildings within the City Property except for the Landowner Improvements. The Landowner,
at Landowner’s expense, shall maintain and repair the Landowner Improvements.
3.2
City Not Responsible For Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3
Continuing Right To City Property. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Property.
3.4
Subordinate Position of Landowner Improvements.
The Landowner
Improvements are subordinate to the rights of the City in the City Property and in the City
Improvements.
3.5
Risk of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Property may be adversely affected by use of the City Property.
The parties agree that the City is not responsible for such events; the City shall have no liability to
the Landowner for such events. The Landowner assumes the risk of keeping the Landowner
Improvements in the City Property area.
3.6
Landowner To Bear Cost of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Property.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvements in the City Property in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City
Improvements or adding future City Improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner twenty (20) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the twenty (20) days, then the City may proceed to
perform the tasks. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work. Bills not paid shall incur the standard
penalty and interest established by the City for utility billings within the City.

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3.7
Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City determines that an
emergency exists. In such instance, the City, without giving Formal Notice to the Landowner may
perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8
Cost Differential. If a Cost Differential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Differential to the City. The Landowner must make payment for the Cost Differential within 30
days after the City has sent a written invoice for the Cost Differential to the Landowner.
3.9
Modifications To Landowner Improvements. If in the future the City reasonably
determines that the Landowner Improvements interfere with access for inspection or with repair,
maintenance, reconstruction, or replacement of City Improvements, then the Landowner, at
Landowner’s own expense, shall make such modifications to the Landowner Improvements as
directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner twenty (20) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.)

The City may specifically enforce this Agreement.

b.)

If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then the
City may certify to Washington County the amounts due as payable with the real
estate taxes for the Subject Property in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to

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certifications for unpaid utility bills. The Landowner waives any and all procedural
and substantive objections to the imposition of such usual and customary charges
on the Subject Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Property for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Property. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges
that the benefit from the performance of tasks by the City equals or exceeds the
amount of the charges and assessments for the costs that are being imposed
hereunder upon the Subject Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
a.)

The Landowner Improvements;

b.)

Installation, maintenance and repair of the Landowners Improvements;

c.)

Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and

d.)

Use of the City Property for Landowner Improvements.

3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.

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3.14
Recorder.

Recording. The City may record this Agreement with the Washington County

3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Property and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
This Agreement shall also be binding upon all after-acquired rights, interests and title of
the parties that may be acquired from and after the date of this Agreement.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.

CITY OF FOREST LAKE

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ____ day of __________________, 2025, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that the
seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.

________________________________________
Notary Public

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LANDOWNER

_____________________________
Signature, Jaren Johnson, CEO of Guidance Homes Inc. (Owner)

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this _____ day of ___________________, 2025, before me a Notary Public within and for said
County, personally appeared Jaren Johnson, CEO of Guidance Homes Inc, to me personally known
to be the person described in and who executed the foregoing instrument and they acknowledged
that they executed the same as her free act and deed.

Notary Public

This instrument was drafted by:
The City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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63

EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY AND CITY PROPERTY

Lot 15, Block 1, Forest Hills Preserve
Property Identification Number: 13.032.21.44.0016

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EXHIBIT B
SURVEY AND DEPICTION OF ENCROACHMENT

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ENCROACHMENT AND MAINTENANCE AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS LOCATED AT 10063 211th ST N,
FOREST LAKE, WASHINGTON COUNTY, MINNESOTA
THIS ENCROACHMENT AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS LOCATED AT 10063 211th St N, FOREST LAKE, WASHINGTON
COUNTY, MINNESOTA (Agreement) is made this ____ day of __________________, 2025,
by and between the City of Forest Lake (“City”), a Minnesota municipal corporation, and Michael
Scott Stone Sr and Peggy Lynn Stone, a married couple (“Landowner”).
Based on the covenants, agreements, representations and recitals herein contained, the parties
agree as follows:
ARTICLE 1
TERMS
1.1
Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2

City. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3
Subject Property. “Subject Property” means that certain real property located in
the City of Forest Lake, Washington County, Minnesota legally described on Exhibit A.
1.4
City Property. “City Property” means the platted and dedicated right of way and
easements located on and adjacent to the Subject Property as legally described in Exhibit A.
1.5
Landowner. “Landowner” means Michael Scott Stone Sr and Peggy Lynn Stone,
a married couple, and assigns and successors in interest with respect to the Subject Property.
1.6
Formal Notice. “Formal Notice” means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:

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IF TO CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55025

IF TO LANDOWNER:

Michael Scott Stone Sr
Peggy Lynn Stone
10063 211st N
Forest Lake, MN 55025

or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
1.7
Landowner Improvements. “Landowner Improvements” means the private well
and approximately 101 and 110 foot long drain tile lines constructed on the Subject Property in
the City Property as shown on Exhibit B.
1.8
City Improvements. “City Improvements” means all existing and future sidewalk,
pedestrian improvements, alleyway, roadway, curb and gutter, street and parking signs, sanitary
sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins,
water collection mechanisms, drainage facilities, maintenance access routes and other utility
appurtenances lying within the City Property now or in the future.
1.9
Survey. “Survey” means the sketch attached as Exhibit B which identifies the
location of the Landowner Improvements. The Survey is on file with the City.
1.10 City Utility Costs. “City Utility Costs” means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City’s Improvements located in the City Property
and the placement of additional City Improvements in the City Property. City Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Improvements, re-compacting the soils over the City Improvements, restoring the City
Property area, and all engineering and attorneys’ fees incurred in connection therewith. City
Utility Costs also include the costs of temporarily removing the Landowner Improvements and
subsequently replacing the Landowner Improvements in the City Property, if such costs have not
already been paid by the Landowners.
1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.

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1.12 Cost Differential. “Cost Differential” means the difference between the PreEncroachment Costs and the City Utility Costs caused by the existence of the Landowner
Improvements. The City’s reasonable determination of the amount of the Cost Differential shall
be binding on the Landowners. The City’s reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Property
located in Forest Lake, Washington County, Minnesota.
Recital No. 2 The City Property is on the Subject Property and adjacent to the Subject
Property. The City owns the City Property. The City Improvements are within the City Property
and future City Improvements may be located within the City Property.
Recital No. 3. Landowner has requested permission from the City to keep the
Landowner Improvements within the City Property for the benefit of the Subject Property.
Recital No. 4.
Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to remain within the City Property if the following conditions are met:
a.)

The Landowner maintains the Landowner Improvements;

b.)

The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of the City Improvements and the
placement of any future City Improvements in the City Property.

c.)

The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the existing City
Improvements or construct future City Improvements in the City Property.

d.)

The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.

NOW, THEREFORE, THE CITY OF FOREST LAKE AND THE UNDERSIGNED
LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS DO
HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1
Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at Landowner’s own cost, is hereby authorized

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by the City to keep the Landowner Improvements within the City Property. The Landowner
Improvements shall only be placed at the location specified in the Survey.
The Landowner shall not place any other structures, walls, fences, irrigation systems signs
or buildings within the City Property except for the Landowner Improvements. The Landowner,
at Landowner’s expense, shall maintain and repair the Landowner Improvements.
3.2
City Not Responsible For Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3
Continuing Right To City Property. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Property.
3.4
Subordinate Position of Landowner Improvements.
The Landowner
Improvements are subordinate to the rights of the City in the City Property and in the City
Improvements.
3.5
Risk of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Property may be adversely affected by use of the City Property.
The parties agree that the City is not responsible for such events; the City shall have no liability to
the Landowner for such events. The Landowner assumes the risk of keeping the Landowner
Improvements in the City Property area.
3.6
Landowner To Bear Cost of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Property.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvements in the City Property in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City
Improvements or adding future City Improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner twenty (20) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the twenty (20) days, then the City may proceed to
perform the tasks. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work. Bills not paid shall incur the standard
penalty and interest established by the City for utility billings within the City.

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3.7
Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City determines that an
emergency exists. In such instance, the City, without giving Formal Notice to the Landowner may
perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8
Cost Differential. If a Cost Differential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Differential to the City. The Landowner must make payment for the Cost Differential within 30
days after the City has sent a written invoice for the Cost Differential to the Landowner.
3.9
Modifications To Landowner Improvements. If in the future the City reasonably
determines that the Landowner Improvements interfere with access for inspection or with repair,
maintenance, reconstruction, or replacement of City Improvements, then the Landowner, at
Landowner’s own expense, shall make such modifications to the Landowner Improvements as
directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner twenty (20) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.)

The City may specifically enforce this Agreement.

b.)

If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then the
City may certify to Washington County the amounts due as payable with the real
estate taxes for the Subject Property in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to

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certifications for unpaid utility bills. The Landowner waives any and all procedural
and substantive objections to the imposition of such usual and customary charges
on the Subject Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Property for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Property. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges
that the benefit from the performance of tasks by the City equals or exceeds the
amount of the charges and assessments for the costs that are being imposed
hereunder upon the Subject Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
a.)

The Landowner Improvements;

b.)

Installation, maintenance and repair of the Landowners Improvements;

c.)

Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and

d.)

Use of the City Property for Landowner Improvements.

3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.

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3.14
Recorder.

Recording. The City may record this Agreement with the Washington County

3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Property and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
This Agreement shall also be binding upon all after-acquired rights, interests and title of
the parties that may be acquired from and after the date of this Agreement.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.

CITY OF FOREST LAKE

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ____ day of __________________, 2025, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that the
seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.

________________________________________
Notary Public

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LANDOWNER

_____________________________
Michael Scott Stone Sr. (Owner)

_____________________________
Peggy Lynn Stone (Owner)

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this _____ day of ___________________, 2025, before me a Notary Public within and for said
County, personally appeared Michael Scott Stone Sr. and Peggy Lynn Stone, a married couple, to
me personally known to be the person described in and who executed the foregoing instrument and
they acknowledged that they executed the same as her free act and deed.

Notary Public

This instrument was drafted by:
The City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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74

EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY AND CITY PROPERTY
Lot 7, Block 2, Forest Hills Preserve

Property Identification Number: 13.032.21.44.0021

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EXHIBIT B
SURVEY AND DEPICTION OF ENCROACHMENT

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76

ENCROACHMENT AND MAINTENANCE AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS LOCATED AT 10070 211th ST N,
FOREST LAKE, WASHINGTON COUNTY, MINNESOTA
THIS ENCROACHMENT AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS LOCATED AT 10070 211th ST N, FOREST LAKE, WASHINGTON
COUNTY, MINNESOTA (Agreement) is made this ____ day of __________________, 2025,
by and between the City of Forest Lake (“City”), a Minnesota municipal corporation, and Pamela
J. Smith, a single person (“Landowner”).
Based on the covenants, agreements, representations and recitals herein contained, the parties
agree as follows:
ARTICLE 1
TERMS
1.1
Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2

City. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3
Subject Property. “Subject Property” means that certain real property located in
the City of Forest Lake, Washington County, Minnesota legally described on Exhibit A.
1.4
City Property. “City Property” means the platted and dedicated right of way and
easements located on and adjacent to the Subject Property as legally described in Exhibit A.
1.5
Landowner. “Landowner” means Pamela J. Smith, a single person, and assigns
and successors in interest with respect to the Subject Property.
1.6
Formal Notice. “Formal Notice” means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:

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IF TO CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55025

IF TO LANDOWNER:

Pamela J. Smith
10070 211th St N
Forest Lake, MN 55025

or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
1.7
Landowner Improvements. “Landowner Improvements” means the
approximately 2 foot long section of retaining wall and approximately 102 and 113 foot long drain
tile lines constructed on the Subject Property in the City Property as shown on Exhibit B.
1.8
City Improvements. “City Improvements” means all existing and future sidewalk,
pedestrian improvements, alleyway, roadway, curb and gutter, street and parking signs, sanitary
sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins,
water collection mechanisms, drainage facilities, maintenance access routes and other utility
appurtenances lying within the City Property now or in the future.
1.9
Survey. “Survey” means the sketch attached as Exhibit B which identifies the
location of the Landowner Improvements. The Survey is on file with the City.
1.10 City Utility Costs. “City Utility Costs” means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City’s Improvements located in the City Property
and the placement of additional City Improvements in the City Property. City Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Improvements, re-compacting the soils over the City Improvements, restoring the City
Property area, and all engineering and attorneys’ fees incurred in connection therewith. City
Utility Costs also include the costs of temporarily removing the Landowner Improvements and
subsequently replacing the Landowner Improvements in the City Property, if such costs have not
already been paid by the Landowners.
1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. “Cost Differential” means the difference between the PreEncroachment Costs and the City Utility Costs caused by the existence of the Landowner

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Improvements. The City’s reasonable determination of the amount of the Cost Differential shall
be binding on the Landowners. The City’s reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Property
located in Forest Lake, Washington County, Minnesota.
Recital No. 2 The City Property is on the Subject Property and adjacent to the Subject
Property. The City owns the City Property. The City Improvements are within the City Property
and future City Improvements may be located within the City Property.
Recital No. 3. Landowner has requested permission from the City to keep the
Landowner Improvements within the City Property for the benefit of the Subject Property.
Recital No. 4.
Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to remain within the City Property if the following conditions are met:
a.)

The Landowner maintains the Landowner Improvements;

b.)

The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of the City Improvements and the
placement of any future City Improvements in the City Property.

c.)

The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the existing City
Improvements or construct future City Improvements in the City Property.

d.)

The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.

NOW, THEREFORE, THE CITY OF FOREST LAKE AND THE UNDERSIGNED
LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS DO
HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1
Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at Landowner’s own cost, is hereby authorized
by the City to keep the Landowner Improvements within the City Property. The Landowner
Improvements shall only be placed at the location specified in the Survey.

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The Landowner shall not place any other structures, walls, fences, irrigation systems signs
or buildings within the City Property except for the Landowner Improvements. The Landowner,
at Landowner’s expense, shall maintain and repair the Landowner Improvements.
3.2
City Not Responsible For Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3
Continuing Right To City Property. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Property.
3.4
Subordinate Position of Landowner Improvements.
The Landowner
Improvements are subordinate to the rights of the City in the City Property and in the City
Improvements.
3.5
Risk of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Property may be adversely affected by use of the City Property.
The parties agree that the City is not responsible for such events; the City shall have no liability to
the Landowner for such events. The Landowner assumes the risk of keeping the Landowner
Improvements in the City Property area.
3.6
Landowner To Bear Cost of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Property.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvements in the City Property in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City
Improvements or adding future City Improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner twenty (20) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the twenty (20) days, then the City may proceed to
perform the tasks. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work. Bills not paid shall incur the standard
penalty and interest established by the City for utility billings within the City.
3.7
Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City determines that an
emergency exists. In such instance, the City, without giving Formal Notice to the Landowner may

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perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8
Cost Differential. If a Cost Differential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Differential to the City. The Landowner must make payment for the Cost Differential within 30
days after the City has sent a written invoice for the Cost Differential to the Landowner.
3.9
Modifications To Landowner Improvements. If in the future the City reasonably
determines that the Landowner Improvements interfere with access for inspection or with repair,
maintenance, reconstruction, or replacement of City Improvements, then the Landowner, at
Landowner’s own expense, shall make such modifications to the Landowner Improvements as
directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner twenty (20) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.)

The City may specifically enforce this Agreement.

b.)

If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then the
City may certify to Washington County the amounts due as payable with the real
estate taxes for the Subject Property in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all procedural
and substantive objections to the imposition of such usual and customary charges
on the Subject Property.

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Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Property for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Property. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges
that the benefit from the performance of tasks by the City equals or exceeds the
amount of the charges and assessments for the costs that are being imposed
hereunder upon the Subject Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
a.)

The Landowner Improvements;

b.)

Installation, maintenance and repair of the Landowners Improvements;

c.)

Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and

d.)

Use of the City Property for Landowner Improvements.

3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.14
Recorder.

Recording. The City may record this Agreement with the Washington County

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3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Property and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
This Agreement shall also be binding upon all after-acquired rights, interests and title of
the parties that may be acquired from and after the date of this Agreement.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.

CITY OF FOREST LAKE

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ____ day of __________________, 2025, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that the
seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.

________________________________________
Notary Public

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LANDOWNER

_____________________________
Signature, Pamela J. Smith (Owner)

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this _____ day of ___________________, 2025, before me a Notary Public within and for said
County, personally appeared Pamela J. Smith, Property Owner, to me personally known to be the
person described in and who executed the foregoing instrument and they acknowledged that they
executed the same as her free act and deed.

Notary Public

This instrument was drafted by:
The City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY AND CITY PROPERTY
Lot 11, Block 1, Forest Hills Preserve
Property Identification Number: 13.032.21.44.0012

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EXHIBIT B
SURVEY AND DEPICTION OF ENCROACHMENT

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ENCROACHMENT AND MAINTENANCE AGREEMENT RELATING TO
LANDOWNER IMPROVEMENTS LOCATED AT 10086 211th ST N,
FOREST LAKE, WASHINGTON COUNTY, MINNESOTA
THIS ENCROACHMENT AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS LOCATED AT 10086 211th ST N, FOREST LAKE, WASHINGTON
COUNTY, MINNESOTA (Agreement) is made this ____ day of __________________, 2025,
by and between the City of Forest Lake (“City”), a Minnesota municipal corporation, and Roger
and Rebecca Magnuson, Joint Tenants, (“Landowner”).
Based on the covenants, agreements, representations and recitals herein contained, the parties
agree as follows:
ARTICLE 1
TERMS
1.1
Terms. Unless specifically defined elsewhere in this Agreement, the following
terms shall have the following meanings.
1.2

City. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3
Subject Property. “Subject Property” means that certain real property located in
the City of Forest Lake, Washington County, Minnesota legally described on Exhibit A.
1.4
City Property. “City Property” means the platted and dedicated right of way and
easements located on and adjacent to the Subject Property as legally described in Exhibit A.
1.5
Landowner. “Landowner” means Roger and Rebecca Magnuson, and assigns and
successors in interest with respect to the Subject Property.
1.6
Formal Notice. “Formal Notice” means notice given by one party to the other if
in writing and if and when delivered or tendered either in person or by depositing it in the United
States mail in a sealed envelope, by certified mail, return receipt requested, with postage prepaid,
addressed as follows:

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IF TO CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55025

IF TO LANDOWNER:

Roger and Rebecca Magnuson
10086 211th St N.
Forest Lake, MN 55025

or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
1.7
Landowner Improvements. “Landowner Improvements” means the
approximately 102 foot long drain tile line constructed on the Subject Property in the City Property
as shown on Exhibit B.
1.8
City Improvements. “City Improvements” means all existing and future sidewalk,
pedestrian improvements, alleyway, roadway, curb and gutter, street and parking signs, sanitary
sewer, municipal water and storm water pipes, conduits, culverts, ditches, ponds, catch basins,
water collection mechanisms, drainage facilities, maintenance access routes and other utility
appurtenances lying within the City Property now or in the future.
1.9
Survey. “Survey” means the sketch attached as Exhibit B which identifies the
location of the Landowner Improvements. The Survey is on file with the City.
1.10 City Utility Costs. “City Utility Costs” means all costs incurred by the City,
(whether performed by the City or its agents or contractors), for the inspection of and access to
and repair, maintenance and replacement of the City’s Improvements located in the City Property
and the placement of additional City Improvements in the City Property. City Utility Costs,
include, without limitation: excavation costs, labor costs, costs of removing fill, costs of re-burying
the City Improvements, re-compacting the soils over the City Improvements, restoring the City
Property area, and all engineering and attorneys’ fees incurred in connection therewith. City
Utility Costs also include the costs of temporarily removing the Landowner Improvements and
subsequently replacing the Landowner Improvements in the City Property, if such costs have not
already been paid by the Landowners.
1.11 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for City Utility Costs if the
Landowner Improvements did not exist.
1.12 Cost Differential. “Cost Differential” means the difference between the PreEncroachment Costs and the City Utility Costs caused by the existence of the Landowner

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Improvements. The City’s reasonable determination of the amount of the Cost Differential shall
be binding on the Landowners. The City’s reasonable determination shall be appropriately
supported by cost estimates obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
Recital No. 1. The undersigned Landowner is the fee title owner of the Subject Property
located in Forest Lake, Washington County, Minnesota.
Recital No. 2 The City Property is on the Subject Property and adjacent to the Subject
Property. The City owns the City Property. The City Improvements are within the City Property
and future City Improvements may be located within the City Property.
Recital No. 3. Landowner has requested permission from the City to keep the
Landowner Improvements within the City Property for the benefit of the Subject Property.
Recital No. 4.
Subject to the terms of this Agreement, the City is willing to allow the
Landowner Improvements to remain within the City Property if the following conditions are met:
a.)

The Landowner maintains the Landowner Improvements;

b.)

The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of the City Improvements and the
placement of any future City Improvements in the City Property.

c.)

The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the existing City
Improvements or construct future City Improvements in the City Property.

d.)

The Landowner agrees to modify the Landowner Improvements if the Landowner
Improvements interfere with the City Improvements.

NOW, THEREFORE, THE CITY OF FOREST LAKE AND THE UNDERSIGNED
LANDOWNERS, FOR THEMSELVES, AND THEIR SUCCESSORS AND ASSIGNS DO
HEREBY AGREE:
ARTICLE 3
AGREEMENTS
3.1
Construction And Maintenance Of Landowner Improvements. Under the
terms and conditions stated herein, the Landowner, at Landowner’s own cost, is hereby authorized
by the City to keep the Landowner Improvements within the City Property. The Landowner
Improvements shall only be placed at the location specified in the Survey.

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The Landowner shall not place any other structures, walls, fences, irrigation systems signs
or buildings within the City Property except for the Landowner Improvements. The Landowner,
at Landowner’s expense, shall maintain and repair the Landowner Improvements.
3.2
City Not Responsible For Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3
Continuing Right To City Property. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Property.
3.4
Subordinate Position of Landowner Improvements.
The Landowner
Improvements are subordinate to the rights of the City in the City Property and in the City
Improvements.
3.5
Risk of Loss. The Landowner understands and agrees that the Landowner
Improvements within the City Property may be adversely affected by use of the City Property.
The parties agree that the City is not responsible for such events; the City shall have no liability to
the Landowner for such events. The Landowner assumes the risk of keeping the Landowner
Improvements in the City Property area.
3.6
Landowner To Bear Cost of Relocating Landowner Improvements. The City
is responsible for the repair and maintenance of the City Improvements in the City Property.
The City may require the Landowner to temporarily remove and subsequently replace the
Landowner Improvements in the City Property in order for the City to gain access to the City
Improvements for the purpose of inspecting, repairing, maintaining, or replacing the City
Improvements or adding future City Improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send Formal Notice to the Landowner and allow the
Landowner twenty (20) days from the date of the Formal Notice to perform the tasks. If the
Landowner has not completed the work within the twenty (20) days, then the City may proceed to
perform the tasks. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work. Bills not paid shall incur the standard
penalty and interest established by the City for utility billings within the City.
3.7
Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day Formal Notice to the Landowner to perform its obligations under Sections
3.6, the City shall not be required to give such Formal Notice if the City determines that an
emergency exists. In such instance, the City, without giving Formal Notice to the Landowner may

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perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8
Cost Differential. If a Cost Differential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Improvements or relating to
construction of new City Improvements in the future, then the Landowner shall pay the Cost
Differential to the City. The Landowner must make payment for the Cost Differential within 30
days after the City has sent a written invoice for the Cost Differential to the Landowner.
3.9
Modifications To Landowner Improvements. If in the future the City reasonably
determines that the Landowner Improvements interfere with access for inspection or with repair,
maintenance, reconstruction, or replacement of City Improvements, then the Landowner, at
Landowner’s own expense, shall make such modifications to the Landowner Improvements as
directed by the City. Such modifications may include, but are not limited to, reconfiguration,
removal and relocation of the Landowner Improvements.
If Landowner does not make the modifications, the City may make the modifications and
in such case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such modifications, the City shall send Formal Notice to the Landowner and allow
the Landowner twenty (20) days from the date of the Formal Notice to make the modifications. If
Landowner does not completely make the modifications, the City may proceed to make the
modifications. Once the City’s costs and expenses have been determined by the City, the City
shall send an invoice for such costs and expenses to the Landowner. The Landowner must pay the
invoice within thirty (30) days after the date of the invoice. Such costs and expenses include, but
are not limited to, costs charged the City by third parties such as contractors as well as the costs
for City personnel that may have performed the work relating to the modifications.
3.10 Remedies. If the Landowner fails to perform their obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
a.)

The City may specifically enforce this Agreement.

b.)

If the Landowner fails to make payments under Section 3.6, 3.7, 3.8 or 3.9, then the
City may certify to Washington County the amounts due as payable with the real
estate taxes for the Subject Property in the next calendar year; such certifications
may be made under Minnesota Statutes, Chapter 444 in a manner similar to
certifications for unpaid utility bills. The Landowner waives any and all procedural
and substantive objections to the imposition of such usual and customary charges
on the Subject Property.

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Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Subject Property for the costs and expenses incurred by the City. The Landowner
hereby waives any and all procedural and substantive objections to special
assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Subject Property. The Landowner waives any appeal rights otherwise
available pursuant to Minnesota Statute § 429.081. The Landowner acknowledges
that the benefit from the performance of tasks by the City equals or exceeds the
amount of the charges and assessments for the costs that are being imposed
hereunder upon the Subject Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given under this Agreement or now or hereafter existing at law or
in equity or by statute. No delay or omission to exercise any right or power accruing upon any
default shall impair any such right or power or shall be construed to be a waiver thereof, but any
such right and power may be exercised from time to time and as often as may be deemed expedient.
3.11 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
a.)

The Landowner Improvements;

b.)

Installation, maintenance and repair of the Landowners Improvements;

c.)

Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and

d.)

Use of the City Property for Landowner Improvements.

3.12 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
3.13 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.14
Recorder.

Recording. The City may record this Agreement with the Washington County

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3.15 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Subject Property and shall be binding
upon the heirs, successors, administrators and assigns of the parties.
This Agreement shall also be binding upon all after-acquired rights, interests and title of
the parties that may be acquired from and after the date of this Agreement.
3.16 Amendment And Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.17 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.18 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.19 Headings. The subject headings of the sections in this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.

CITY OF FOREST LAKE

Blake Roberts, Mayor
ATTEST:

Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ____ day of __________________, 2025, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City
Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that the
seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.

________________________________________
Notary Public

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LANDOWNER

_____________________________
Signature, Roger Magnuson, Joint Tenant

_____________________________
Signature, Rebecca Magnuson, Joint Tenant

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this _____ day of ___________________, 2025, before me a Notary Public within and for said
County, personally appeared Roger and Rebecca Magnuson, Property Owners, to me personally
known to be the person described in and who executed the foregoing instrument and they
acknowledged that they executed the same as her free act and deed.

Notary Public

This instrument was drafted by:
The City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY AND CITY PROPERTY
Lot 10, Block 1, Forest Hills Preserve
Property Identification Number: 13.032.21.44.0011

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EXHIBIT B
SURVEY AND DEPICTION OF ENCROACHMENT

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STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Roberts and the Forest Lake City Council

STAFF ORIGINATOR: Abbi Wittman, Community Development Agreement
AGENDA ITEM:
Spikes and Houles Site Improvement Agreement
______________________________________________________________________________
INTRODUCTION:
The City has approved a Planned Unit Development and Site Plan for the second phase of
development of Spikes and Houles. This will include new parking and drive areas, stormwater
ponding, and new greenhouse structure. As part of the approval, the City required a Site
Improvement Agreement.
ANALYSIS:
The Site Improvement Agreement generally follows the City’s standard format for subdivision
improvements and related obligations. Additionally, the landowner provides a financial
security to ensure that – if the public improvements are not completed as per approved plan –
the City may use the securities to have the work conducted.
RECOMMENDATION:
Staff recommends that, with the adoption of the Consent Agenda, the City Council approves the
Site Improvement Agreement for Spike and Houles Phase II with minor modifications by the City
Attorney.
ATTACHMENTS:
Site Improvement Agreement for Spike and Houles Phase II

99

CITY OF FOREST LAKE
SITE IMPROVEMENT AGREEMENT FOR SPIKE AND HOULES PHASE II

THIS IMPROVEMENT AGREEMENT (“Agreement”), made and entered into on the
___
day of _______________, 2026, by and between the City of Forest Lake, a Minnesota
municipal corporation, (“City”), and GLG Forest Lake Properties, LLC, a Minnesota limited liability
company (“Owner”).
RECITALS:
WHEREAS, the Owner obtained a Preliminary and Final Planned Unit Development (PUD)
and Site Plan approval from the City on January 12, 2026, pursuant to the terms in Resolution 01-0826-08 and 01-08-26-09 respectively (collectively “Site Approvals”), for the Subject Property legally
identified as Exhibit A (“Subject Property”); and
WHEREAS, as a condition of granting the Site Approvals, the City requires Owner to enter
into this Agreement regarding the site Improvements as described in the Development Plans as
approved by the City; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429
and 462, the City has agreed to approve the Development Plans on the following conditions:
1.
That the Owner enter into this Site Improvement Agreement that defines the work the
Owner undertakes to complete; and
2.
That the Owner provides the City one or more irrevocable letters of credit, or a cash
deposit, in the amount and with conditions provided below, securing the Owner’s obligation to cause
the actual construction and installation of certain improvements; and
WHEREAS, the Development Plans have been prepared by a registered professional
engineer and the City has reviewed the Development Plans; and
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WHEREAS, the Owner has filed or will file a complete set of the Development Plans with
the City.
NOW, THEREFORE, subject to the terms and conditions of this Agreement and in reliance
upon the representations, warranties and covenants of the parties herein contained, the City and Owner
agree as follows:
ARTICLE 1
DEFINITIONS
1.1

TERMS. The following terms, unless elsewhere defined specifically in the
Agreement, shall have the following meanings as set forth below.

1.2

CITY. “City” means the City of Forest Lake, a Minnesota municipal corporation.

1.3

OWNER/DEVELOPER. “Owner” or “Developer” means GLG Forest Lake
Properties, LLC, a Minnesota limited liability company, and their successors and
assigns.

1.4

SUBJECT PROPERTY. “Subject Property” or “Property” means the real property
located in the City of Forest Lake, Washington County, identified and legally
described on the attached Exhibit A.

1.5

DEVELOPMENT PLANS. “Development Plans” means all those plans, drawings,
specifications and surveys identified on the attached Exhibit B.

1.6

AGREEMENT. “Agreement” means this instant contract by and between the City
and Owner.

1.7

COUNCIL. “Council” means the City Council of the City of Forest Lake.

1.8

CITY ENGINEER. “City Engineer” means the City Engineer of the City of Forest
Lake and their delegatees.

1.9

COUNTY. “County” means Washington County, Minnesota.

1.10

OTHER REGULATORY AGENCIES. “Other Regulatory Agencies” means and
includes the following:
a. State of Minnesota
b. Minnesota Department of Health
c. Minnesota Department of Labor and Industry
d. Minnesota Department of Natural Resources

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e. Minnesota Department of Transportation
f. Minnesota Pollution Control Agency
g. Metropolitan Council
h. Washington County
i. Washington County Highway Department
j. Comfort Lake - Forest Lake Watershed District
k. Rice Creek Watershed District
l. any other regulatory or governmental agency or entity affected by, or having
jurisdiction over the Improvements.
1.11

UTILITY COMPANIES. “Utility Companies” means and includes the following:
a. utility companies, including electric, gas and communications
b. pipeline companies.

1.12

IMPROVEMENTS. “Improvements” means and includes, individually and
collectively, all the improvements identified on the attached Exhibit B as amended
by the conditions as listed in Article 2.1.

1.13

OWNER DEFAULT. “Owner Default” means and includes any of the following or
any combination thereof:
a. failure by the Owner to timely pay the City any money required to
be paid under this Agreement;
b. failure by the Owner to timely construct the Improvements
according to the Development Plans and the City standards and
specifications;
c. failure by the Owner to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or
performed under this Agreement;
d. breach of the Owner Warranties.

1.14

FORCE MAJEURE. “Force Majeure” means acts of God, including, but not limited
to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but
not including reasonably anticipated weather conditions for the geographic area),
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riots, insurrections, war or civil disorder affecting the performance of work,
blockades, power or other utility failures, and fires or explosions.
1.17.

FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered both electronically AND by
depositing it in the United States mail in a sealed envelope, by certified mail, return
receipt requested, with postage and postal charges prepaid, addressed as follows:
If to CITY:

City of Forest Lake
Attn: Community Development Director
1408 Lake Street South
Forest Lake, MN 55016
For Electronic Notice:
[email protected]
[email protected]

If to OWNER:

GLG Forest Lake Properties, LLC
5500 Blaine Avenue
Inver Grove Heights, MN 55076
Attn: Gino Pitera
with a copy to:
Patrick Fischer (email only)
And
Michael G. Kula
Michael G. Kula, P.A.
1275 St. Clair Avenue
Saint Paul, MN 55105

For Electronic Notice:
[email protected]
[email protected]
[email protected]

or to such other address as the party addressed shall have previously designated by
notice given in accordance with this Section. Notices shall be deemed to have been
duly given on the date of service electronically to the party to whom notice is to be
given, or on the third day after mailing if mailed as provided above.

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ARTICLE 2
APPROVAL OF DEVELOPMENT PLANS
2.1.
APPROVAL OF DEVELOPMENT PLANS. Subject to the terms and conditions
of this Agreement, the recitals above, and all other applicable City Code provisions, the City hereby
approves the Development Plans. The Development Plans also include compliance by the Owner
with the conditions set forth in the following:
a. City Engineer’s review memo dated September 19, 2025; and
b. City Staff recommendations and conditions as described in January 16, 2026 City Planner
Staff Memo and Resolutions.
(collectively, the “City Staff Recommendations” the most recent versions of which to be provided
by City Staff to Owner upon execution of this Agreement).
2.2
APPROVALS BY OTHER REGULATORY AGENCIES. The Owner shall
obtain all necessary approvals, permits, easements and licenses from the City, the Other Regulatory
Agencies, the Utility Companies, and other property owners as needed. Any material and
substantial design changes required by any such entities which would alter this Agreement shall
be approved by the City and incorporated into the Development Plans. All due diligence,
analysis and costs incurred to obtain the approvals, permits and licenses, and also all fines or penalties
levied by any agency due to the failure of the Owner to obtain or comply with conditions of such
approvals, permits and licenses, shall be paid by the Owner. The Owner shall defend and hold the
City harmless from any action initiated by the Other Regulatory Agencies, the Utility Companies,
other property owners and the Prior Easement Holders resulting from such failures of the Owner.
2.3
RECORDING. This Agreement shall be recorded by the City Staff with the
Washington County Recorder/Registrar within thirty days of execution.
ARTICLE 3
IMPROVEMENTS
3.1
IMPROVEMENTS. The Owner shall install, at its own cost, the Improvements in
accord with the Development Plans and in accordance with the approvals of the City and all City
ordinances. The Improvements shall be completed on or before December 31, 2028, except as
completion dates are extended with written approval from the City Administrator or their designee.
3.2
GROUND MATERIAL. The Owner shall insure that adequate and suitable ground
material shall exist in the areas of Improvements and shall guarantee the removal, replacement or
repair of substandard or unstable material. The cost of removal, replacement or repair is the
responsibility of the Owner.
3.3
GRADING/DRAINAGE PLAN. The Owner shall construct drainage facilities in
accord with the Development Plans. The grading and drainage plan shall conform with the overall
City storm sewer plan. The grading of the site shall be completed in conformance with the
Development Plans. The Owner shall enter into any easement agreements and stormwater
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management agreements with the Watershed District, as these Improvements will be privately owned
and maintained.
In the event that the Owner fails to complete the grading and installation of the drainage facilities of
the site in substantial conformance with the Development Plans, the City may, after notice and cure
rights as outlined in Article 8 herein, declare the Owner in default pursuant to Article 8.
3.4
AREA RESTORATION. The Owner shall restore all areas disturbed by the
development grading operation in accordance with the approved grading and erosion control plans.
Upon request of the City Engineer, the Owner shall remove the silt fences after grading and
construction have occurred.
3.5
STREET MAINTENANCE, ACCESS AND REPAIR. The Owner shall clear, on
a daily basis, any soil, earth or debris from the streets and wetlands within, adjacent or near the
Property resulting from the grading or building on the Property or associated trucking operations and
shall restore to the City’s specifications and repair to the City’s specifications any damage to
bituminous street surfacing resulting from the use of construction equipment. Furthermore, the Owner
shall maintain reasonable access to any occupied buildings within the Property, including necessary
street maintenance such as grading, graveling or patching.
If Owner fails to perform any of the responsibilities listed above, the City shall provide Owner with
written notice. If work is not completed to City’s satisfaction within 24 hours from the notice,
excluding repair or restoration work that the City has granted extra time, the City will have appropriate
equipment dispatched to the Property and the City will bill all costs associated with the work to the
Owner. In the event the Owner fails to timely pay costs related to the City work, the City shall
withdraw the funds from any cash escrow or LOC.
3.6
LANDSCAPING. Site landscaping shall comply with City-approved landscaping
plan and City required warranties.
3.7
EROSION CONTROL. The Owner shall provide and follow a plan for erosion
control and pond maintenance in accord with the Best Management Practices (BMP) as delineated by
Other Regulatory Agencies. Such plan shall be detailed on the Development Plans and shall be
subject to approval of the City Engineer. The Owner shall install and maintain such erosion control
measures and structures as appear necessary under the Development Plans or become necessary
subsequent thereto. The Owner shall be responsible for all damage caused as the result of grading
and excavation resulting from the Improvements including, but not limited to, restoration of existing
control structures and clean-up of public right-of-way, until the Improvements are completed. As a
portion of the erosion control plan, the Owner shall re-seed, install landscaping or sod any disturbed
areas in accordance with the Development Plans.
The parties recognize that time is of the essence in controlling erosion. If the Owner does not provide
erosion control, the City shall provide Owner with notice to complete work. If the Owner or
Contractor do not complete the work to City’s satisfaction within 24 hours from the notice, the City
will have appropriate equipment dispatched to the Property and the City will bill all costs associated
with the clean-up effort to the Owner. In addition to billing the Owner for any clean-up work, the City
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also may issue a stop work order under City Code Section 151.11(B)(1). In the event the Owner fails
to timely pay costs related to City work, the City shall withdraw the funds from any cash escrow or
LOC.
3.8
AS BUILT INFORMATION. The Owner shall provide the City one electronic
copy, compatible with the City’s Geographic Information System (GIS), of the detailed record plan
“as built” drawings of the Improvements in accord with City standards no later than 120 days after
completion of the Improvements, unless otherwise approved in writing by the City Engineer.
3.9
INSPECTIONS. The City Engineer, Public Works Director or their designee shall
periodically inspect the following work installed by the Owner, its contractors, subcontractors or
agents;
a.

Stormwater, Sanitary Sewer and Water connections to public infrastructure;

b.

Water testing including pressure and bacteria;

c.

Concrete sidewalk testing including air, slump, and cylinder breaks;

d.

Public improvements; and

e.

General Property inspections in relation to a Letter of Credit reduction request or
Project closeout.

The City does not routinely inspect private Improvements that will not be connected to public
infrastructure. Owner acknowledges and agrees it is their responsibility to work directly with Other
Regulatory Agencies regarding inspections required for those permits.
ARTICLE 4
RESPONSIBILITY FOR COSTS, CHARGES AND FEES
4.1
IMPROVEMENT COSTS. The Owner shall pay for the Improvements; that is, all
costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums
or equipment or supplies and all just claims for the same; and the City shall be under no obligation to
pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the
City shall have approved the contract or subcontract.
4.2
LETTER OF CREDIT REQUIREMENT. Contemporaneously herewith, the
Owner shall deposit with the City an irrevocable letter of credit (“LOC”) for the amount of
$283,125.00 as described in Exhibit C.
The bank and form of the LOC shall be subject to approval by the City Finance Director and City
Attorney and shall continue to be in full force and effect until released by the City. The LOC must be
for at least a two-year term and must be automatically renewable for successive one-year periods from
the present or any future expiration dates with a final expiration date of termination of the two-year
warranty period described in Article 6, and further provided that the LOC states that at least 60 days
prior to the expiration date, the bank will notify the City if the bank elects not to renew for an
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additional period. The LOC shall secure compliance by the Owner with the terms of this Agreement.
The City may draw down on the irrevocable letter of credit or cash deposit, without any further notice
than that provided in Article 8 relating to an Owner Default, for any of the following reasons:
a) an Owner Default; or
b) upon the City receiving notice that the irrevocable letter of credit
will be allowed to lapse before the two-year warranty period has
expired pursuant to Article 6; or
c) failure to pay the City for any of the costs and expenses referenced
in Article 4 or 5.
The City may use these escrow proceeds to reimburse the City for its costs to take whatever action is
necessary to stabilize the Property for any of the reasons stated above. After the City Engineer
determines that Improvements have been constructed and after retaining 10% of LOC amount in
Exhibit C for the Improvements, the remaining proceeds shall be distributed to Owner.
Owner may request the City reduce the irrevocable letter of credit or cash deposit from time to time
as financial obligations are paid. Upon such request, the City Engineer shall inspect the Project and
determine if a reduction is appropriate. If the City Engineer determines that a reduction is appropriate,
the City Engineer shall also make a determination of the amount of said reduction. The City Engineer
shall promptly thereafter make the reduction recommendation to the City Council who shall have full
discretion in determining the reduction amount, if any.
If the City determines the Owner or Contractor did not strictly adhere to the approved Development
Plans or that work was done without required City inspection, the City may require, as a condition of
acceptance, the Owner post an irrevocable letter of credit, or cash deposit equal to 125% of the
estimated amount necessary to correct the deficiency or to protect against deficiencies arising
therefrom. The additional irrevocable letter of credit, or cash deposit, shall remain in force for the
warranty period. In the event that work, which is concealed, was done without permitting City
inspection, then the City may, in the alternative, require the Owner or Contractor expose the concealed
condition or work for inspection purposes.
4.4
CASH ESCROW REQUIREMENT. The Owner shall reimburse the City for all
inspection costs relating to the Improvements and all engineering, administrative, legal and other
expenses incurred or to be incurred by the City in connection with this Agreement. The Owner shall
deposit with the City a cash deposit for the amount of $10,000.00 as described in Exhibit C to cover
City expenses related to the project including but not limited to planning, engineering, legal and
administrative services, soil testing and inspection services. The cash escrow must be deposited with
the City prior to the City executing this Agreement. The City shall use the cash deposit proceeds to
reimburse the City for its costs and shall provide Owner with written itemization of said
reimbursements. Upon completion of the project, the City will return the remaining proceeds to the
Owner.

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4.5
ENFORCEMENT COSTS. The Owner shall pay the City for costs incurred in the
enforcement of this Agreement, including reasonable engineering and reasonable attorneys’ fees.
4.6
TIME OF PAYMENT. The Owner shall pay all bills from the City within thirty
(30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of 8% per
year.
ARTICLE 5
ADDITIONAL DEVELOPMENT REQUIREMENTS
5.1
MISCELLANEOUS REQUIREMENTS. Additional requirements for approval of
the Development Plans as specified by the City Council include the following:
a.

Before the City issues any permits for the Property, the Owner must satisfy all of the
following conditions:
(1)

Owner must execute this Improvement Agreement.

(2)

Owner must provide the City with the letter of credit for the amount stated on
Exhibit C of this Agreement pursuant to the terms of Article 4 of this
Improvement Agreement.

(4)

Owner must fully pay the City of Forest Lake for all planning, engineering
review and legal fees that have been incurred up to the date of this
Improvement Agreement.

b.

Owner shall hold a pre-construction meeting with the City and any necessary Other
Regulatory Agencies before starting any construction, demolition or grading activities
on the Property.

c.

Owner is solely responsible for any necessary easements or approvals from adjacent
property owners for construction of the Improvements. Owner will provide evidence
of such easements and/or approvals upon request of the City.
ARTICLE 6
WARRANTIES

6.1
OWNER WARRANTIES. “Owner Warranties” means that the Owner hereby
warrants and represents the following:
a. FEE TITLE. The Owner owns fee title to the Subject Property.
b.
AUTHORITY. Owner has the right, power, legal capacity and authority to enter into
and perform its obligations under this Agreement; no approvals or consents of any persons are
necessary in connection with the authority of Owner to enter into and perform its obligations under
this Agreement, other than approvals or consents that are required to be obtained herein, pursuant to
Article 2.
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c.
FULL DISCLOSURE. None of the representatives and warranties made by Owner
or made in any exhibit hereto or memorandum or writing furnished or to be furnished by Owner or
on its behalf contains or will contain any untrue statement of material fact or omit any material fact
the omission of which would be misleading.
d.
PLAN COMPLIANCE. The Development Plans comply with all City, County,
metropolitan, state and federal laws and regulations, including but not limited to subdivision
ordinances, zoning ordinances and environmental regulations.
e.
WARRANTY ON PROPER WORK AND MATERIALS. The Owner warrants
all work required to be performed by it under this Agreement against defective material and faulty
workmanship for a period of two years after its completion and acceptance by the City. During the
warranty period the Owner shall be solely responsible for all costs of performing repair work required
by the City within thirty days of notification.
6.2
CITY WARRANTIES. “City Warranties” means the City hereby warrants and
represents as follows:
a.
ORGANIZATION. City is a municipal corporation duly incorporated and validly
existing in good standing under the laws of the State of Minnesota.
b.
AUTHORITY. City has the right, power, legal capacity and authority to enter into
and perform its obligations under this Agreement.
ARTICLE 7
INDEMNIFICATION OF CITY
7.1
INDEMNIFICATION OF CITY. Owner shall indemnify, defend and hold the City,
its Council, agents, employees, attorneys and representatives harmless against and in respect of any
and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the City
incurs of suffers that arise out of, result from or relate to:
a) breach by the Owner of the Owner Warranties;
b) failure of the Owner to timely construct the Improvements
according to the Development Plans and the City ordinances,
standards and specifications;
c) failure by the Owner to observe or perform any covenant,
condition, obligation or agreement on its part to be observed or
performed under this Agreement;
d) failure by the Owner to pay contractors, subcontractors, laborers,
or materialmen;
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e) failure by the Owner to pay for materials;
f) failure to pay the City for any costs and expenses referenced in
Article 4 and 5;
g) approval by the City of the Development Plans;
h) failure by the Owner to obtain the necessary permits and
authorizations to construct the Improvements;
i) construction of the Improvements;
j) delays in construction of the Improvements;
k) all costs and liabilities arising because the City issued building
permits before the completion and acceptance of the
Improvements.
ARTICLE 8
CITY REMEDIES UPON OWNER DEFAULT
8.1
CITY REMEDIES. If Owner Default occurs, that is not caused by Force Majeure,
the City shall give the Owner Formal Notice of the Owner Default and the Owner shall have ten
business days to cure the Owner Default. If the Owner, after Formal Notice to it by the City, does not
cure the Owner Default within ten business days, then the City may avail itself of any remedy afforded
by law and any of the following remedies:
a) The City may specifically enforce this Agreement;
b) The City may collect on the irrevocable letter of credit or cash
deposit pursuant to Article 4;
c) The City may, at its sole option, perform the work or
improvements to be performed by the Owner, in which case the
Owner shall within thirty days after written billing by the City
reimburse the City for any costs and expenses incurred by the City;
d) The City may suspend or deny building permits for buildings
within the Subject Property;
e) The City may suspend any work, improvement or obligation to be
performed by the City; and/or
f) The City may, at its sole option, certify against the Subject
Property, pursuant to Minn. Stat. § 444.075. subd. 3e, any unpaid
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charges, and the Washington County Auditory/Property Tax
Assessor shall collect said unpaid charges in the year following
said certification as the other Property taxes are collected.
8.2
NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event the
Owner breaches any provision or agreement contained in this Agreement and thereafter is waived in
writing by the City, such waiver shall be limited to the particular breach so waived and shall not be
deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the
City must be in writing.
8.3
NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
City shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the Agreement or now
or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be construed to be a
waiver thereof, but any such right and power may be exercised from time to time and as often as may
be deemed expedient. In order to entitle the City to exercise any remedy reserved to it, it shall not be
necessary to give notice, other than the Formal Notice.
8.4
EMERGENCY. Notwithstanding the requirement contained in this Article hereof
relating to Formal Notice to the Owner in case of a Owner Default and notwithstanding the
requirement contained in this Article hereof relating to giving the Owner a ten business day period to
cure the Owner Default, in the event of an emergency as determined by the City Engineer or other
City staff, resulting from the Owner Default, the City may perform the work or improvement to be
performed by the Owner without giving any notice or Formal Notice to the Owner and without giving
the Owner the ten day period to cure the Owner Default. In such case, the Owner shall within thirty
days after written billing by the City reimburse the City for any and all costs incurred by the City.
The parties designate the individuals below as their contact in the event of an emergency:
CITY:

Dave Adams 651.755.1207

OWNER:
OWNER REPRESENTATIVE:

Gino Pitera 612-363-4235
Patrick Fischer 612.619.3210

Owner shall provide City with contact information for Project Manager who will be available 24
hours a day 7 days a week until the project is completed. In the event the Project Manager changes
during the development, Owner shall provide the City with updated contact information.
ARTICLE 9
MISCELLANEOUS
9.1
CITY’S DUTIES. The terms of this Agreement shall not be considered an
affirmative duty upon the City to complete any Improvements.

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9.2
NO THIRD-PARTY RECOURSE. Third parties shall have no recourse against the
City under this Agreement.
9.3
VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this Agreement is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
9.4
BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable Improvement Agreement shall run with the Subject Property, and
shall be binding upon the successors and assigns of the Owner. This Improvement Agreement shall
also run with and be binding upon any after acquired interest of the Owner in the Subject Property.
9.5
ASSIGNMENT. The Owner may not assign this Improvement Agreement without
the written permission of the City which consent shall not be unreasonably withheld, conditioned or
delayed. The Owner’s obligations hereunder shall continue in full force and effect, even if the Owner
sells the Subject Property.
9.6
AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may extend the time for the
performance of any of the obligations of another, waive any inaccuracies in representations by another
contained in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
9.7
GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
9.8
COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original but all of which shall constitute one and the
same instrument.
9.9
HEADINGS. The subject headings of the paragraphs and subparagraphs of this
Agreement are included for purposes of convenience only, and shall not affect the construction of
interpretation of any of its provisions.
9.10 INCONSISTENCY. If the Development Plans are inconsistent with the words of
this Agreement or if the obligation imposed hereunder upon the Owner are inconsistent, then that
provision or term which imposes a greater and more demanding obligation on the Owner shall prevail.

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9.11 ACCESS. The Owner hereby grants to the City, its agents, employees, officers, and
contractors a license to enter the Property to perform all work and inspections deemed appropriate by
the City during the installation of Improvements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
set forth above.

[The remainder of this page has been intentionally left blank.]

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IN WITNESS WHEREOF, the parties have executed this Improvement Agreement.

GLG Forest Lake Properties, LLC, a Minnesota limited liability company

By:

_____________________

Its:

STATE OF MINNESOTA
COUNTY OF

)
) ss.
)

The foregoing instrument was acknowledged before me this ____ day of __________________,
2026 by ______________________, the _______________________ of GLG Forest Lake
Properties, LLC, a Minnesota limited liability company, on behalf of said limited liability
company.

Notary Public

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CITY OF FOREST LAKE

By:
Its:

_____________________________
Blake Roberts
Mayor

Attest: _____________________________
Jolleen Chaika
Its:
City Assistant Administrator

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

The foregoing instrument was acknowledged before me this ____ day of ____________,
2026 by Blake Roberts and Jolleen Chaika, the Mayor and Interim City Administrator respectively,
of the City of Forest Lake, a Minnesota municipal corporation, on behalf of the City of Forest
Lake.

_____________________________________
Notary Public

THIS INSTRUMENT DRAFTED BY:

AFTER RECORDING
PLEASE RETURN TO:

Amanda Johnson # 0400128
Eckberg Lammers

City of Forest Lake
1408 Lake Street South
Forest Lake, MN 55025

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EXHIBIT A
LEGAL DESCRIPTION

Parcel 1:
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, inclusive, Block 2, Northern Pacific Addition,
Washington County, Minnesota.
Parcel 2:
That part of Government Lot 2 of Section 8, Township 32 North, Range 21 West,
Washington County, Minnesota described as follows:
Beginning at the Northeast corner of Block 2 of the recorded plat of Northern Pacific
Addition; thence Southerly along the Easterly line of said Block 2 to the intersection
of a line parallel with and distant 50 feet West of, as measured at a right angle to the
center line of the main track of the Burlington Northern Railroad Company; thence
Northerly, along said parallel line to the Easterly prolongation of the North line of said
Block 2; thence Westerly, along said Easterly prolongation to the point of beginning.

EXHIBIT B
DEVELOPMENT PLANS AND IMPROVEMENTS
The site shall be developed in substantial conformance with the following plans and review comments
as approved by the City that are on file with the Community Development Department as part of Case
No. J25-0585, except as may be modified by the conditions of approval in City of Forest Lake
Resolution No. 01-12-26-09 and Resolution No. 01-12-26-08

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EXHIBIT C
LETTER OF CREDIT AND ADDITIONAL COSTS AND ESCROWS

Required Cash Escrow - $10,000.00 (To be collected upon Improvement Agreement Execution)
Required Letter of Credit - $283,125.00 (To be Collected upon Improvement Agreement
Execution)

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STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Roberts and the Forest Lake City Council

STAFF ORIGINATOR: Abbi Wittman, Community Development Agreement
AGENDA ITEM:
Spikes and Houles Waterline Permanent Utility Easement
______________________________________________________________________________
INTRODUCTION:
The City has approved a Planned Unit Development and Site Plan for the second phase of
development of Spikes and Houles. This will include new parking and drive areas, stormwater
ponding, and new greenhouse structure. As part of the approval, the City required waterline
easement on the subject property.
ANALYSIS:
Easements grant the City the right to access property to conduct certain activities. As noted in
the enclosed easement, the City will be able access watermain and the area adjacent to it to
enable future maintenance of this public infrastructure.
RECOMMENDATION:
Staff recommends that, with the adoption of the Consent Agenda, the City Council approves the
Spikes and Houles Permanent Utility Easement with minor modifications by the City Attorney.
ATTACHMENTS:
Permanent Utility Easement

118

PERMANENT UTILITY EASEMENT

THIS PERMANENT UTILITY EASEMENT AGREEMENT (“Easement”) is made,
granted and conveyed this ___ day of _____________, 2026, by and between GLG Forest Lake
Properties, LLC, a Minnesota limited liability company (“Landowner”) and the City of Forest Lake,
a Minnesota municipal corporation (“City”).
PROPERTY DESCRIPTION
Landowner owns real property in Washington County, Minnesota, legally described on Exhibit A,
(“Landowner’s Property”), attached hereto and incorporated herein by reference.
PERMANENT EASEMENT DESCRIPTION
The Landowner in consideration of the sum of One Dollar and other good and valuable consideration
to them in hand paid by the City, the receipt and sufficiency of which is hereby acknowledged, does
hereby grant and convey unto the City, its successors and assigns, forever the following:
A permanent public utility easement granted hereby solely for the purpose of allowing
the City to construct, access, maintain and repair a watermain (“Permanent
Easement”) under, over, across, through and upon that real property legally described
as the Utility Easement on Exhibit B and likewise depicted on Exhibit C (“Permanent
Easement Area”), attached hereto and incorporated herein by reference.
The rights of the City include the right of City, its contractors, agents and servants:
(a)

To enter upon the Permanent Easement Area at all reasonable times for the purposes
of construction of a watermain utility, its reconstruction, inspection, repair,
replacement, grading, sloping, and restoration relating to the purposes of the
Permanent Easement; and

(b)

To maintain the Permanent Easement Area, together with the right; and

(c)

To remove from the Permanent Easement Area trees, brush, herbage, aggregate,
undergrowth and other obstructions interfering with the location, construction and

1

119

maintenance of the Permanent Easement; and
(d)

To remove or otherwise dispose of all earth or other material excavated from the
Permanent Easement Area as the City may deem appropriate; and

The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties,
attorneys’ fees and/or losses resulting from any claims, actions, suits, or proceedings based upon a
release or threat of release of any hazardous substances, petroleum, pollutants, and/or contaminants
which may have existed on, or which relate to the Permanent Easement Area or Landowner’s
Property, prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their
successors or assigns, shall be subject to any governmental immunity defenses of the City and the
maximum liability limits provided by Minnesota Statutes, Chapter 466.
The Landowner, for themselves and their successors and assigns, do hereby warrant to and covenant
with the City, its successors and assigns, that they are well seized in fee of Landowner’s Property
legally described on Exhibit A, and the Permanent Easement Area legally described on Exhibit B and
depicted on Exhibit C, and have good right to grant and convey the Permanent Easement herein to
the City.
.
This agreement is binding upon the heirs, successors, executors, administrators and assigns of the
parties hereto.
This agreement may be executed in any number of counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
EXEMPT FROM STATE DEED TAX

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120

IN TESTIMONY WHEREOF, the Landowner and the City have caused this Easement to
be executed as of the day and year first written.
LANDOWNER:
GLG Forest Lake Properties, LLC, a Minnesota limited liability company

By:
Its:

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

The foregoing instrument was acknowledged before me on ______ day of __________________,
2026, by ___________________, the _______________________ of GLG Forest Lake
Properties, LLC, a Minnesota limited liability company, on behalf of said limited liability
company.

________________________________________
Notary Public

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121

CITY:
CITY OF FOREST LAKE

Blake Roberts, Mayor

____________________________________
Jolleen Chaika, City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this ___ day of ______________________, 2026, before me a Notary Public within
and for said County, personally appeared Blake Roberts and Jolleen Chaika, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Forest Lake, the municipality named in the foregoing instrument, and that
said instrument was signed on behalf of said the Municipality.

________________________________________
Notary Public

This Instrument Was Drafted By
And After Recording Return To:

Amanda Johnson
Eckberg Lammers
1809 Northwestern Ave
Stillwater, MN 55082

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122

EXHIBIT A
LEGAL DESCRIPTION OF LANDOWNER’S PROPERTY

LOT 11, BLOCK 2, NORTHERN PACIFIC ADDITION, WASHINGTON COUNTY,
MINNESOTA.
AND
THAT PART OF GOVERNMENT LOT 2 OF SECTION 8, TOWNSHIP 32 NORTH,
RANGE 21 WEST, WASHINGTON COUNTY, MINNESOTA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 2 OF THE RECORDED PLAT
OF NORTHERN PACIFIC ADDITION; THENCE SOUTHERLY ALONG THE
EASTERLY LINE OF SAID BLOCK 2 TO THE INTERSECTION OF A LINE PARALLEL
WITH AND DISTANT 50 FEET WEST OF, AS MEASURED AT A RIGHT ANGLE TO THE
CENTER LINE OF THE MAIN TRACK OF THE BURLINGTON NORTHERN
RAILROAD COMPANY; THENCE NORTHERLY, ALONG SAID PARALLEL LINE TO
THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID BLOCK 2;
THENCE WESTERLY, ALONG SAID EASTERLY PROLONGATION TO THE POINT OF
BEGINNING.
WASHINGTON COUNTY, MINNESOTA

[14513-40056/3647976/1]

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123

EXHIBIT B
LEGAL DESCRIPTION OF
UTILITY EASEMENT AREA

AN EASEMENT FOR WATERMAIN PURPOSES OVER, UNDER, AND ACROSS THAT
PART OF THE HEREIN BEFORE DESCRIBED "PROPERTY," LYING EASTERLY AND
SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID LOT 11, BLOCK
2, NORTHERN PACIFIC ADDITION; THENCE NORTH 88 DEGREES 38 MINUTES 20
SECONDS WEST, ASSUMED BEARING, ALONG THE MOST SOUTHERLY LINE OF
SAID LOT 11, A DISTANCE OF 28.44 FEET TO THE POINT OF BEGINNING OF THE
LINE TO BE DESCRIBED; THENCE NORTH 07 DEGREES 55 MINUTES 48 SECONDS
EAST, A DISTANCE OF 106.21 FEET; THENCE NORTH 03 DEGREES 46 MINUTES 09
SECONDS EAST, A DISTANCE OF 298.28 FEET; THENCE SOUTH 85 DEGREES 55
MINUTES 11 SECONDS EAST, A DISTANCE OF 6.53 FEET TO THE EAST LINE OF THE
HEREIN BEFORE DESCRIBED "PROPERTY" AND SAID LINE THERE
TERMINATING.

[14513-40056/3647976/1]

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124

EXHIBIT C
DEPICTION OF
UTILITY EASEMENT AREA

[14513-40056/3647976/1]

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125

STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Roberts and the Forest Lake City Council

STAFF ORIGINATOR: Steven Gilmore, AICP, Assistant Community Development Director
AGENDA ITEM:

Havenwood – Partial Release of Chestnut Creek Development Contract
and Amendments
______________________________________________________________________________
INTRODUCTION:
On May 26, 2026, the City Council approved the Havenwood Phase 1 Final Plat and Final PUD
Amendment for the property previously contemplated for development as a subsequent phase
of Chestnut Creek. Havenwood Phase 1 includes 61 single-family detached lots and is subject to
separate City approvals and a new Development Agreement between the City and TCLDHavenwood, LLC.
The property remains subject, or may be construed as remaining subject, to the original
Chestnut Creek Development Contract recorded in 2016 and amendments recorded in 2019.
The proposed Partial Release of Chestnut Creek Development Contract and Amendments would
release the Havenwood property from those prior development documents so that its
development is governed by the Havenwood approvals, Development Agreement, easements,
permits, and other applicable requirements.
ANALYSIS:
The property subject to the proposed Release consists of Outlots A and B, Chestnut Creek,
which comprise the property being replatted and developed as Havenwood. TCLD-Havenwood,
LLC is the current owner and developer of the property.
Staff have determined that there are no outstanding obligations under the prior Chestnut Creek
Development Contract or its amendments that must continue to apply to the Havenwood
property. Applicable development obligations for the property are instead addressed through
the Havenwood Final Plat and Final PUD approvals, the Havenwood Development Agreement,
required easements, financial securities, permits, and other applicable City and agency
requirements.
The Release is limited to the property legally described in Exhibit A. The prior Chestnut Creek
development documents will remain in effect for any other property, obligations, or parties
subject to those documents. The Release also expressly preserves all requirements imposed
through the Havenwood Development Agreement, City approvals, easements, financial
securities, ordinances, permits, assessments, and other governmental requirements.

126

Approval of the Release does not authorize the immediate recording of the document or waive
any condition associated with release of the Havenwood Phase 1 Final Plat. The Release will not
be recorded until all requirements for release of the Final Plat have been satisfied, including:
•
•
•
•
•
•

Approval of the final park plan;
Delivery of all required letters of credit and financial securities;
Payment of all applicable fees, invoices, and escrow obligations;
Execution of the Havenwood Development Agreement;
Completion of all required easements and recording documents; and
Satisfaction of all other applicable Final Plat conditions.

Once those requirements have been satisfied, the documents are intended to be recorded with
Washington County in the following order:
•
•
•

Partial Release of Chestnut Creek Development Contract and Amendments;
Havenwood Phase 1 Final Plat; and
Havenwood Development Agreement.

The Release becomes effective upon recording.
RECOMMENDATION:
Staff recommends that the City Council approve the Partial Release of Chestnut Creek
Development Contract and Amendments, subject to minor modifications approved by the City
Attorney and City staff; authorize the Mayor and City Clerk to execute the Release; and
authorize its recording in the order required by the City Attorney after all conditions for release
and recording of the Havenwood Phase 1 Final Plat have been satisfied.
Staff recommends approval of the item through adoption of the Consent Agenda.
ATTACHMENTS:
1. Partial Release of Chestnut Creek Development Contract and Amendments

127

PARTIAL RELEASE OF CHESTNUT CREEK DEVELOPMENT CONTRACT AND AMENDMENTS
This PARTIAL RELEASE OF CHESTNUT CREEK DEVELOPMENT CONTRACT AND AMENDMENTS
(“Release”) is executed and delivered as of the ___ day of August 2026, by the City of Forest Lake,
a Minnesota municipal corporation (the “City”).
RECITALS:
WHEREAS, the City and Northern Land Co. LLC, a Minnesota limited liability company
(“Original Developer”), entered into that certain CITY OF FOREST LAKE DEVELOPMENT CONTRACT
FOR PLAT OF CHESTNUT CREEK, dated October 19, 2016, and recorded on October 28, 2016, in
the Office of the Washington County Recorder as Document No. 4089458 (“Original
Development Contract”); and
WHEREAS, the City and Original Developer subsequently entered into that certain FIRST
AMENDMENT TO DEVELOPMENT CONTRACT, dated May 13, 2019 and recorded on June 17,
2019, in the Office of the Washington County Recorder as Document No. 4196670 (“First
Amendment”);
WHEREAS, the City and Original Developer subsequently entered into that certain
SECOND AMENDMENT TO DEVELOPMENT CONTRACT, dated October 14, 2019 and recorded on
November 14, 2019, in the Office of the Washington County Recorder as Document No. 4217741
(“Second Amendment”);
WHEREAS, the Original Development Contract, First Amendment, and Second
Amendment are collectively referred to in this Release as the “Chestnut Creek Development
Documents”; and
WHEREAS, the Chestnut Creek Development Documents affect, or may be construed as
affecting, the real property legally described on the attached Exhibit A, which is incorporated
into this Release by reference (“Released Property”); and
WHEREAS, the Released Property was originally contemplated for development as a
subsequent phase of the Chestnut Creek development but is now proposed to be separately

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platted and developed as Havenwood pursuant to separate City approvals and a separate
development agreement; and
WHEREAS, TCLD-Havenwood, LLC, a Minnesota limited liability company (“Havenwood
Owner and Developer”), is the current fee owner and developer of the Released Property and
has requested that the City release the Released Property from the Chestnut Creek Development
Documents; and
WHEREAS, the City has determined that the Released Property should no longer be
subject to the Chestnut Creek Development Documents and that the development of the
Released Property will instead be governed by applicable City approvals, ordinances, permits,
easements, and the separate development agreement for Havenwood; and
WHEREAS, the Forest Lake City Council, at its meeting on August ____, 2026, approved
this Release and authorized its execution and recording; and
NOW, THEREFORE, the City hereby confirms and agrees as follows:
1. Release. The City hereby releases the Released Property from the Chestnut Creek
Development Documents and relinquishes all rights, claims, obligations, restrictions,
remedies, and other interests held by the City under the Chestnut Creek Development
Documents as they relate to the Released Property. Upon recording of this Release, the
Chestnut Creek Development Documents shall be of no further force or effect against the
Released Property.
2. Limited Application. This Release applies solely to the Released Property legally described
in Exhibit A. The Chestnut Creek Development Documents shall remain in full force and
effect with respect to all other property, obligations, and parties subject thereto.
3. Separate Requirements Preserved. This Release does not release, modify, or otherwise
affect any separate development agreement, City approval, easement, financial security,
ordinance, permit, assessment, governmental requirement, or other instrument
applicable to the Released Property or the Havenwood development.
4. Recording. This Release may be recorded in the Office of the Washington County
Recorder and shall be effective upon recording.

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4798030.v2

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IN WITNESS WHEREOF, the undersigned has executed this Release as of the day and year first
above written.
CITY OF FOREST LAKE
By:

___________________________________
Blake Roberts, Mayor

By:

_________________________________
Jolleen Chaika, City Clerk

STATE OF MINNESOTA

)

COUNTY OF WASHINGTON

)

)

ss.

On this ___ day of ________________, 2026, before me a Notary Public within and for said
County, personally appeared Blake Roberts and Jolleen Chaika, who being each by me duly sworn,
each did say that they are respectively the Mayor and City Clerk of the City of Forest Lake, the
municipality named in the foregoing instrument, and that the seal affixed to said instrument was
signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and
City Clerk acknowledged said instrument to be the free act and deed of said municipality.

Notary Public

THIS INSTRUMENT DRAFTED BY:
Amanda Johnson #0400128
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Dr
Suite 300
Eagan, MN 55121
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EXHIBIT A
(Legal Description of the Released Property)
Outlots A and B, Chestnut Creek, Washington County, Minnesota
Abstract Property.
PID: 2103221120010; 2103221120011

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131

STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Roberts and the Forest Lake City Council

STAFF ORIGINATOR: Steven Gilmore, AICP, Assistant Community Development Director
AGENDA ITEM:
Havenwood – Phase 1 Development Agreement
______________________________________________________________________________
INTRODUCTION:
On May 26, 2026, the City Council approved the Havenwood Phase 1 Final Plat, consisting of 61
single-family detached lots, and the Final PUD Amendment establishing the development
framework for the full 116-lot Havenwood development. Approval was conditioned upon the
developer, TCLD-Havenwood, LLC, entering into a Development Agreement with the City before
the Final Plat is released for recording.
The proposed Development Agreement establishes the developer’s obligations for the approved
Final Plat, including required public and private improvements, financial securities, escrows,
park dedication, fees, maintenance, and warranty requirements.
The separate release of the prior Chestnut Creek development agreements and related
documents will be considered through a separate City Council action.
ANALYSIS:
The Development Agreement generally follows the City’s standard format for subdivision
improvements and related development obligations.
The Agreement requires a total of $3,945,000 in financial security, divided between two letters
of credit to address Comfort Lake Forest Lake Watershed District requirements while avoiding
duplicative financial security for the same improvements:
•
•

General Construction (Streets/Utilities) LOC: $3,245,000
o Including $245,000 securing the park improvements
Wetland and Stormwater LOC: $700,000

Park dedication for Havenwood Phase 1 will be satisfied through the dedication of
approximately 0.58 acres of land and the developer’s construction of the neighborhood park
improvements in accordance with City specifications. No cash-in-lieu park dedication payment
will be collected for Phase 1.
The developer is responsible for submitting a complete Park Improvement Plan addressing
utilities, irrigation, landscaping, equipment, surfacing, and other construction details for City
review and approval. Although the final Park Improvement Plan is not required for City Council

132

approval of the Development Agreement, it must be approved before the Havenwood Phase 1
Final Plat may be released for recording.
Approval of the Development Agreement does not authorize release or recording of the Final
Plat or waive any outstanding project requirements. Before the Final Plat is released, the
developer must:
•
•
•
•
•
•

Obtain City approval of the final Park Improvement Plan;
Deliver all required letters of credit and other financial securities;
Pay all applicable fees, invoices, and escrow obligations;
Complete the required easement, access, and recording documents;
Obtain applicable Watershed District and other agency approvals; and
Satisfy all remaining conditions of the Final Plat approval and Development Agreement.

The Final Plat approval similarly requires completion of the Development Agreement, financial
securities, park dedication obligations, easements, and related documents before the plat may
be released for recording.
RECOMMENDATION:
Staff recommends that the City Council approve the Havenwood Phase 1 Development
Agreement, subject to minor modifications approved by the City Attorney and City staff, and
authorize the Mayor and Interim City Administrator to execute the agreement. Staff recommend
approval as part of the Consent Agenda.
ATTACHMENTS:
1. Havenwood Phase 1 Development Agreement

133

DEVELOPMENT AGREEMENT
FOR
HAVENWOOD - PHASE 1
BY AND BETWEEN
THE CITY OF FOREST LAKE
AND
TCLD-HAVENWOOD, LLC

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THIS DEVELOPMENT AGREEMENT, made and entered into on the
day of
____, 2026, by and between the City of Forest Lake, a Minnesota municipal
corporation (the “CITY”), and TCLD-Havenwood, LLC, a Minnesota limited liability company (the
“DEVELOPER”).
RECITALS:
WHEREAS, the DEVELOPER is the owner of the DEVELOPMENT PROPERTY, as
defined below. The DEVELOPER has applied to the CITY for approval of the Havenwood - Phase
1 Final Plat and a Final PUD Amendment to the Chestnut Creek PUD. The Final Plat applies to Phase
1 of Havenwood, consisting of 61 single-family detached lots. The Final PUD Amendment applies
to the full Havenwood development, consisting of 116 single-family detached lots. The CITY
approved the Havenwood - Phase 1 Final Plat and Final PUD Amendment through City Council
Resolution No. 05-26-26-03 and Ordinance No. 771 (collectively “SITE APPROVALS”); and
WHEREAS, the DEVELOPMENT PROJECT was previously reviewed as Chestnut Creek
2nd Addition, and the CITY approved the preliminary plat and preliminary PUD through Resolution
No. 10-13-25-05; and
WHEREAS, future phases of the DEVELOPMENT PROJECT shall require separate Final
Plat review and approval before recording or development;
WHEREAS, Pursuant to Section 152.073(E) and 153.087(D)(8) and as a condition of
granting the SITE APPROVALS, the CITY requires the DEVELOPER to enter into this
DEVELOPMENT AGREEMENT regarding the DEVELOPER IMPROVEMENTS as defined
below; and
WHEREAS, in conjunction with the granting of the SITE APPROVALS, the CITY requires
the installation and/or availability of public utilities, public streets, and other facilities; and the
DEVELOPER to construct certain DEVELOPER IMPROVEMENTS as defined herein.
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412 and
462, the COUNCIL approved the DEVELOPMENT PLANS on the following conditions:
1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract
defines the work which the DEVELOPER undertakes to complete; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the
amounts set forth in this DEVELOPMENT AGREEMENT and with conditions set forth
herein, providing for assurance of payment for the actual construction and installation of the
DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS.
WHEREAS, the DEVELOPMENT PLANS were prepared by registered professional
engineers and have been submitted to and approved by the CITY ENGINEER.

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NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
AGREEMENT and in reliance upon the representations, warranties and covenants of the parties
herein contained, the CITY and the DEVELOPER agree as follows:
ARTICLE 1
DEFINITIONS
1.1.
TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below.
1.2.
BUILDER. “BUILDER” means D.R. Horton, Inc.-Minnesota, a Delaware
corporation, or another entity selected by DEVELOPER that will be constructing a residence on a lot
in the FINAL PLAT.
1.3.

CITY. “CITY” means the City of Forest Lake, a Minnesota municipal corporation.

1.4.
CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the CITY or
his, her, or its delegate.
1.5.
CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES
identified in Article 8 of this DEVELOPMENT AGREEMENT.
1.6.

COUNCIL. “COUNCIL” means the Council of the CITY.

1.7.

COUNTY. “COUNTY” means Washington County, Minnesota.

1.8.
DEVELOPER. “DEVELOPER” means TCLD-Havenwood, LLC, a Minnesota
limited liability company.
1.9.
DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes any
of the following or any combination thereof:
A.

failure by the DEVELOPER to timely pay the CITY any money required to
be paid under this DEVELOPMENT AGREEMENT;

B.

failure by the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the
CITY standards and specifications;

C.

failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;

D.

breach of the DEVELOPER WARRANTIES.

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1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means
the grading, public improvements, private improvements, utilities, streets, sidewalks, stormwater
facilities, easements, landscaping, wetland buffer improvements, park improvements, construction
traffic controls, and related improvements required for the FINAL PLAT and any other improvements
required by this DEVELOPMENT AGREEMENT, as described in EXHIBIT B.
1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means the
warranties and representations of the DEVELOPER set forth in Article 6 of this DEVELOPMENT
AGREEMENT.
1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means
this instant agreement by and among the CITY and DEVELOPER.
1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all plans,
drawings, specifications, surveys, construction traffic plans, landscape plans, wetland buffer plans,
grading plans, utility plans, and other materials approved by the CITY as part of the Havenwood Phase 1 Final Plat and Final PUD Amendment, including those listed on EXHIBIT B, as may be
revised with written approval of the CITY ENGINEER as part of Case No. J25-0572.
1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means the
Havenwood residential development approved through the Final PUD Amendment to the Chestnut
Creek PUD, consisting of up to 116 single-family detached lots, together with associated public
streets, utilities, stormwater facilities, wetland buffers, outlots, easements, park dedication
obligations, landscaping, and related improvements. The first phase of the DEVELOPMENT
PROJECT is the Havenwood - Phase 1 Final Plat, consisting of 61 single-family detached lots. Future
phases of the DEVELOPMENT PROJECT shall require separate Final Plat review and approval
before recording or development.
1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real
property legally described on EXHIBIT A, attached hereto.
1.16. FINAL PLAT. “FINAL PLAT” means the final plat of Havenwood - Phase 1,
consisting of 61 single-family detached lots, public streets, outlots, easements, utilities, stormwater
facilities, wetland buffers, landscaping, park dedication obligations, and related improvements
approved by the CITY.
1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not
including reasonably anticipated weather conditions for the geographic area), riots, global pandemics,
insurrections, war or civil disorder affecting the performance of work, blockades, power or other
utility failures, fires, explosions, pandemics or other matters causing shortages of labor or materials
or other such matters beyond the reasonable control of DEVELOPER.
1.18. FORMAL NOTICE. “FORMAL NOTICE” means any notice, other than verbal
notices expressly permitted under Sections 3.4, 3.5, and 3.6, that this DEVELOPMENT

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AGREEMENT permits or requires one party to give to the other. FORMAL NOTICES must be in
writing and are effective with respect to a party only when delivered to that party (i) in person, (ii) via
Fed Ex, UPS, or other recognized next day delivery service, (iii) via email, or (iv) by depositing it in
the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage
and postal charges prepaid, addressed as follows:
If to CITY:

City of Forest Lake
Attention: City Administrator
1408 Lake Street South
Forest Lake, MN 55016
For Electronic Notice:
[email protected]
[email protected]
TCLD-Havenwood, LLC
c/o Twin Cities Land Development
Attention: Ben Schmidt
4800 Olson Memorial Highway, Suite 100
Golden Valley, MN 55422

If to DEVELOPER:

For Electronic Notice:
[email protected]
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. FORMAL NOTICE shall be deemed to have been duly given on the
date received, if delivered to a party in person or via next day delivery services, on the date received
in the recipient’s email inbox if delivered to a party via email, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
1.19. LOC. “LOC” means the letter of credit described on the attached EXHIBIT D.
1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES”
means, individually and collectively, the following:
A.

Minnesota Department of Transportation

B.

Washington County

C.

Washington County Highway Department

D.

Comfort Lake Forest Lake Watershed District

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138

E.

Minnesota Department of Health

F.

Minnesota Department of Labor and Industry

G.

Minnesota Pollution Control Agency

H.

Metropolitan Council

I.

Minnesota Department of Natural Resources

J.

Minnesota Board of Water and Soil Resources

K.

Environmental Protection Agency

L.

Any other regulatory or governmental agency or entity affected by or having
jurisdiction over the DEVELOPER IMPROVEMENTS.

1.21. PARK IMPROVEMENT PLAN. “PARK IMPROVEMENT PLAN” means the
CITY-approved plans, specifications, cost estimates, schedule, maintenance and warranty
obligations, and related materials for park improvements to be constructed by the DEVELOPER, as
may be amended with the CITY’s written approval.
1.22. PRIOR EASEMENT HOLDERS. “PRIOR EASEMENT HOLDERS” means and
includes, jointly and severally, all holders of any easements or other property interests which existed
prior to the grant or dedication of any public easements transferred by the FINAL PLAT or transferred
pursuant to this DEVELOPMENT AGREEMENT.
1.23. SITE APPROVALS. “SITE APPROVALS” has the meaning given to that term of
the Recitals set forth above.
1.24. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly
and severally, the following:
A.

Utility companies, including electric, gas and cable;

B.

Pipeline companies.
ARTICLE 2
APPROVAL OF DEVELOPMENT PLANS

2.1.
APPROVAL OF DEVELOPMENT PLANS. Subject to the terms and conditions
of this Agreement, the recitals above, and all other applicable CITY Code provisions, the CITY
hereby approves the DEVELOPMENT PLANS.

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139

2.2.
OTHER APPROVALS. The DEVELOPER shall obtain all approvals, permits,
easements and licenses which the CITY, the Other Regulatory Agencies, the Utility Companies,
adjoining property owners or Prior Easement Holders are legally entitled to require of the
DEVELOPER as a result of the DEVELOPMENT PROJECT including, without limitation, the
approvals expressly described on the attached EXHIBIT C. If and to the extent the DEVELOPER is
legally obligated or elects to make changes to the DEVELOPMENT PLANS to secure such
approvals, those changes may not be made until the CITY ENGINEER reviews and approves the
changes and those changes, if approved by the CITY ENGINEER are, if so approved, incorporated
into and a part of the DEVELOPMENT PLANS.
The DEVELOPER shall pay all due diligence, analysis and costs incurred to obtain the approvals,
permits and licenses, and also all fines or penalties levied by any agency due to the failure of the
DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses. The
DEVELOPER shall defend and hold the CITY harmless from any action initiated by the Other
Regulatory Agencies, the Utility Companies, adjoining property owners and the Prior Easement
Holders resulting from such failures of the DEVELOPER.
ARTICLE 3
DEVELOPER OBLIGATIONS
3.1.
DEVELOPER IMPROVEMENTS. DEVELOPER shall construct and install, at
its own cost, all DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT
PLANS, the CITY Code, the conditions, if any, the CITY COUNCIL has set forth in the SITE
APPROVALS, and industry standards for making public improvements. The grading of the site shall
be completed in conformance with the DEVELOPMENT PLANS. The DEVELOPER
IMPROVEMENTS shall include all improvements and obligations required by the SITE
APPROVALS, the DEVELOPMENT PLANS, the CITY ENGINEER, and this DEVELOPMENT
AGREEMENT.
3.2.
STREET CONSTRUCTION. The DEVELOPER will construct the roadways,
sidewalks, curb, gutter, utilities, signage, and base course pavement required for the FINAL PLAT
in accordance with the DEVELOPMENT PLANS and CITY approvals. The wear course (final
lift) of asphalt shall be installed as follows: (1) after at least one freeze-thaw cycle and 90%
buildout of the FINAL PLAT OR (2) after five years; whatever comes first.
The DEVELOPER is responsible for the replacement of any damaged sidewalk or curbside
and all maintenance, upkeep and repair of all streets contained within the FINAL PLAT from
initiation of construction through final acceptance by the CITY.
3.3.

EASEMENTS AND HOURS OF CONSTRUCTION ACTIVITIES.

A.

The DEVELOPER agrees to dedicate to the CITY the easements shown on the
FINAL PLAT and any additional easements that the CITY reasonably requires as a
condition of the SITE APPROVALS.

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B.

Grading, excavation, building construction, utility construction and general
construction activities are limited to Monday through Friday between the hours
7:00 AM and 7:00 PM, Saturdays 9:00 AM to 5:00 PM, Sundays and Holidays not
allowed unless for emergency purposes or with COUNCIL approval.

Construction traffic shall comply with the approved Construction Traffic Control Plan
(EXHIBIT F).
3.4.
DEVELOPMENT PROJECT MAINTENANCE, RESTORATION, ACCESS
AND REPAIR DURING CONSTRUCTION. The DEVELOPER shall clear, on a daily basis
during construction, any soil, earth or debris from the streets and wetlands within or adjacent to the
FINAL PLAT resulting from the grading or building on the land within the FINAL PLAT by the
DEVELOPER or its agents, and shall restore to the CITY’s specifications any gravel base
contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY’s
specifications any damage to bituminous surfacing resulting from the use of construction equipment.
If DEVELOPER fails to perform any of the DEVELOPER’S obligations under this Section, the CITY
shall provide DEVELOPER with FORMAL NOTICE or verbal notice of the default, and if
DEVELOPER does not cure the default to the CITY’S reasonable satisfaction within 24 hours from
the notice, excluding repair or restoration work which shall be completed within 15 days, the CITY
will have appropriate equipment dispatched to the site and all costs reasonably associated with the
work will be billed to the DEVELOPER. In the event the DEVELOPER fails to timely pay costs
related to CITY work, the CITY shall withdraw the funds from any cash escrow.
3.5.
STREET SWEEPING. The DEVELOPER is responsible for the removal of all
construction debris and earth materials within the public right-of-way resulting from DEVELOPER’s
construction activities at the DEVELOPMENT PROPERTY. The CITY will inspect the public
roadways serving the DEVELOPMENT PROPERTY to ensure the DEVELOPER is keeping those
roadway surfaces clean. If the CITY finds that any portion of those public roadway surfaces are in an
unacceptable condition as a result of DEVELOPER’s construction activities at the DEVELOPMENT
PROPERTY, the CITY shall provide DEVELOPER with FORMAL NOTICE or verbal notice to
clean roadway surfaces. If work is not completed to CITY’S reasonable satisfaction within 24 hours
from the notice, the CITY will have appropriate equipment dispatched to the site. In the event of an
emergency situation, the CITY reserves the right, in its sole discretion, to clean up the site
immediately. All costs associated with the clean-up effort will be billed to DEVELOPER. In the event
the DEVELOPER fails to timely pay costs related to CITY clean up, the CITY shall withdraw the
funds from any cash escrow.
3.6.
SNOW/ICE REMOVAL. The DEVELOPER agrees to perform and assume all
responsibilities relating to snow removal and ice control, until streets have been formally accepted by
the CITY. For purposes of this Section, the streets within the FINAL PLAT shall not be considered
formally accepted until the final wear course has been installed and approved by the CITY and the
street improvements have been accepted by the COUNCIL. DEVELOPER shall attempt to follow
the same timelines and guidelines as the CITY in its City of Forest Lake Snow and Ice Control Policy.
If any portion of the roadways within the FINAL PLAT are found in an unacceptable condition, the
CITY shall provide DEVELOPER with verbal or written notice to clear roadway surfaces. If work is

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not completed to CITY’S satisfaction within 24 hours from the notice, the CITY will clear the
roadways. In the event of an emergency situation, the CITY reserves the right, in its sole discretion,
to clear the roads immediately after verbal notice. All costs associated with the snow/ice removal
effort will be billed to the DEVELOPER. In the event the DEVELOPER fails to timely pay costs
related to CITY snow clearing, the CITY shall withdraw the funds from any cash escrow or letter of
credit (“LOC”).
3.7.
STORMWATER MANAGEMENT PLAN AND EROSION CONTROL. The
DEVELOPER shall fully comply with the stormwater management plans, erosion control plans, and
pond maintenance requirements set forth in the DEVELOPMENT PLANS. The DEVELOPER shall
be responsible for all damage caused as the result of grading and excavation within the
DEVELOPMENT PROJECT including, but not limited to, restoration of existing control structures
and clean-up of public right-of-way, until all lots are final graded and all DEVELOPER
IMPROVEMENTS are completed. As a portion of the erosion control plan, the DEVELOPER shall
repair any disturbed areas in accordance with the DEVELOPMENT PLANS. After the site is rough
graded, the DEVELOPER must provide erosion control devices that are reasonably required by the
CITY and consistent with the DEVELOPMENT PLANS. The parties recognize that time is of the
essence in controlling erosion. If the DEVELOPER does not provide erosion control as required by
the DEVELOPMENT PLANS, the CITY shall provide DEVELOPER with FORMAL NOTICE to
complete work. If work is not completed to CITY’S satisfaction within 48 hours from the notice, the
CITY will have appropriate equipment dispatched to the site and all costs associated with the cleanup effort will be billed to the DEVELOPER. In the event the DEVELOPER fails to timely pay costs
related to CITY clean up, the CITY shall withdraw the costs from any cash escrow or the LOC.
DEVELOPER shall notify CITY when grading is finalized and provide CITY with a copy of
its stormwater grading record plans. DEVELOPER shall provide as-built surveys as necessary for
any ponding on site to be approved by the CITY prior to starting any street or utility work.
DEVELOPER shall be responsible for all costs associated with CITY work to verify ponding.
DEVELOPER shall be responsible for any necessary repairs in the event the ponds do not meet
DEVELOPMENT PLANS. If the DEVELOPER fails to repair the ponds within 15 days of FORMAL
NOTICE from the CITY, CITY shall have appropriate equipment dispatched to the site and all costs
reasonably associated with the repair effort will be billed to the DEVELOPER. In the event the
DEVELOPER fails to timely pay costs related to CITY studies, surveys, or repairs, the CITY shall
withdraw the costs from any cash escrow or the LOC.
3.8.
SOD. The DEVELOPER agrees that the BUILDER must pay for installed cultured
sod from the street curb to the rear lot line(s) of each lot in the entire FINAL PLAT. For a lot
where the Certificate of Occupancy is issued between September 1 and May 1 of the following year,
completion of the work described in this paragraph shall be completed by the BUILDER by June 15;
for a lot where the Certificate of Occupancy is issued between May 1 and August 31, completion of
the work described in this paragraph shall be completed by the BUILDER by October 15.
Notwithstanding anything to the contrary in this DEVELOPMENT AGREEMENT, it is agreed that
in lieu of the BUILDER installing sod on each lot, the BUILDER may provide to a lot owner a
certificate that entitles the lot owner to have sod delivered to that lot at the owner’s request for

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installation by the lot owner, provided the lot owner agrees in writing to comply with all the terms
described in this Section.
3.9.
BOULEVARD AND AREA RESTORATION. The DEVELOPER shall sod or
seed any boulevards within 30 days of the completion of street related improvements and restore all
other areas disturbed by the development grading operation in accordance with the approved erosion
control plan, over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the
DEVELOPER shall remove the silt fences after grading and construction have occurred.
3.10. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot
corner monumentation within one year from the date of recording the FINAL PLAT, or the
monumentation shall be installed on a per lot basis at the time the building permit for the subject lot
is issued, whichever occurs first. At the end of the one-year period from recording of the FINAL
PLAT, the DEVELOPER shall submit to the CITY ENGINEER written verification by a registered
land surveyor that the required monuments have been installed throughout the FINAL PLAT.
3.11.

OCCUPANCY AND ACCESS.

A.

Building Permit. No building permit for any lot shall be issued until the following
requirements have been satisfied, although the review process may begin in
advance of the following requirements, at CITY staff’s sole discretion:
1) The DEVELOPER has constructed an access consisting of a base course of
pavement pursuant to the DEVELOPMENT PLANS, and;
2) The CITY has approved the mass grading certification, confirming that the
mass grading of the lots in the FINAL PLAT conform to the grading plan as
approved by the CITY ENGINEER.
3) Notwithstanding the above, the CITY may issue building permits for two
model homes proposed by the BUILDER on Lot 22, Block 2 and Lot 21,
Block 2, and may allow a temporary model home parking lot on Lot 20, Block
2, before base course pavement is installed, provided that the BUILDER
construct a temporary access according to the following specifications:
a. Minimum of 14-foot-wide temporary access roadway within 15 feet of
the structure;
b. Walking path linking the road to the main construction access point; and
c. Temporary access must be capable of supporting a minimum vehicle
weight of 60,000 pounds.

B.

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Occupancy. No certificate of occupancy for any lot within the FINAL PLAT shall
be issued until all water and sanitary sewer improvements are available for use and
the base course of street pavement has been installed.

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C.

Access. Construction access and signage shall comply with the approved
Construction Traffic Control Plan (EXHIBIT F). Construction traffic shall come
from Harrow Avenue through 208th Street N, unless otherwise approved by the
CITY ENGINEER. Construction traffic shall not access the DEVELOPMENT
PROPERTY from the west through the Greystone neighborhood using 207th Street
N or Greystone Ave N. Access for watermain construction purposes only may come
from 210th Street N.

3.12. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a
concrete or bituminous surface driveway for the lot in accord with CITY approved standards. For a
lot for which a certificate of occupancy is issued between September 1 and May 1 of the following
year, completion of the work described in this paragraph must be completed by June 15; for a lot for
which a certificate of occupancy is issued between May 1 and August 31, completion of the work
described in this paragraph shall be completed by October 15.
3.13. LANDSCAPING. The BUILDER is responsible for installing all landscaping
improvements as depicted on the DEVELOPER’S landscape plan in a timely manner. BUILDER
shall provide a cash escrow for required landscaping when applying for building permit.
3.14. WETLAND BUFFERS AND DISCLOSURES. Before issuance of the first
building permit for a dwelling unit within the FINAL PLAT, including any model home permit, or
earlier if required by the CITY, the DEVELOPER shall install all required wetland buffer signage
within the FINAL PLAT. The DEVELOPER shall show wetlands, wetland buffers, and sod limits on
each applicable lot surveys, and provide wetland and wetland buffer disclosure language in materials
acceptable to the CITY before issuance of a building permit for the applicable lot. The DEVELOPER
shall maintain required wetland buffers and shall not allow grading, filling, mowing, landscaping,
structures, storage, or other encroachments within wetland buffer areas except as approved by the
CITY and applicable regulatory agencies.
3.15. PHASING AND INTERIM CONDITIONS. Havenwood - Phase 1 as depicted in
Exhibit E shall be designed, constructed, stabilized, and maintained so that it can function
independently if future phases are delayed. The DEVELOPER shall maintain Phase 2 as depicted in
Exhibit E in a safe, stable, weed-controlled, and erosion-controlled condition acceptable to the CITY
ENGINEER. Future phases shall require separate Final Plat review and approval before recording or
development.
3.16. EXISTING CHESTNUT CREEK SIGNAGE. The CITY authorizes the
DEVELOPER or BUILDER to reface or replace the existing Chestnut Creek real estate signage along
Highway 97/Scandia Trail, provided that the DEVELOPER or BUILDER obtains written permission
from the owner of the property on which the signage is located. If the signage is not refaced or replaced
before issuance of the first building permit for a dwelling unit within the FINAL PLAT, the
DEVELOPER shall remove the signage before the permit is issued. If the signage is refaced or
replaced, the DEVELOPER shall remove the refaced or replacement signage no later than issuance
of the 52nd building permit for a dwelling unit within the FINAL PLAT, representing 85% of the 61
dwelling units within the FINAL PLAT.

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3.17. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER
may not, without the CITY’s written consent, which the CITY may grant or withhold in its sole and
absolute discretion, transfer or assign its responsibility to perform the requirements of Article 3 to any
lot purchaser or BUILDER within the FINAL PLAT.
ARTICLE 4
PARK CONTRIBUTION REQUIREMENTS
4.1.
PARK DEDICATION. Pursuant to Minnesota Statute and related caselaw, the
CITY must make an individualized analysis when determining the appropriate amount of park
dedication. In this case, CITY Staff has completed an individualized analysis for Havenwood – Phase
1 and determined that a park land dedication of at least 1.67 eligible acres is necessary based on the
CITY Code §§ 152.090 – 152.094, and the CITY’s Master Parks Plan.
The DEVELOPER has elected to dedicate to the CITY approximately 0.58 acres of neighborhood
park land at 208th Street N and Halter Boulevard N and pay the remaining amount as fee in lieu of
parkland. The fee in lieu is $2,500 per lot for the 61 lots in Phase 1. However, the DEVELOPER has
elected to pay the fee in lieu through the construction of CITY-approved park improvements pursuant
to the PARK IMPROVEMENT PLAN as described in Article 4.2.
4.2.
PARK IMPROVEMENT PLAN. Before release of the FINAL PLAT, or as
otherwise approved by the CITY, the DEVELOPER shall submit the proposed PARK
IMPROVEMENT PLAN including cost estimates, timing, maintenance responsibilities, and related
materials to the CITY for Parks and Recreation Commission review and recommendation to the
COUNCIL for approval.
4.3.
FUTURE PHASES. Park dedication requirements for future phases of the
DEVELOPMENT PROJECT shall be determined at the time of final plat approval for each phase. In
the event the DEVELOPER’s cost to construct the park improvements in the PARK
IMPROVEMENT PLAN exceeds the fee in lieu for Phase 1, the excess amount shall be credited
against the park dedication requirement for the future phase.
ARTICLE 5
RESPONSIBILITY FOR COSTS
5.1.
DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the
DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools,
machinery or materials, or insurance premiums or equipment or supplies and all just claims for the
same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum
whatsoever on account thereof, whether or not the CITY shall have approved the contract or
subcontract.

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5.2.
MISCELLANEOUS AND AREA CHARGES. The CITY imposes Area Charges
for sanitary sewer, water and storm sewer impacts to all new developments pursuant to CITY Code
§§152.073 and 35.03. Such Area Charges are identified on EXHIBIT D.
5.3.
ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys’ fees.
5.4.
TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within
thirty (30) days after billing. Bills not paid within thirty (30) days shall bear an annual interest of eight
percent (8%).
ARTICLE 6
DEVELOPER WARRANTIES
6.1.
STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents to the CITY the following:
A.

AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT
PROPERTY and has the right, power, legal capacity and authority to enter into and
perform its obligations under this DEVELOPMENT AGREEMENT, and no
approvals or consents of any persons are necessary in connection with the authority
of DEVELOPER to enter into and perform its obligations under this
DEVELOPMENT AGREEMENT.

B.

NO DEFAULT. DEVELOPER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which would affect
performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a
party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment
or decree which would prohibit the execution or performance of this
DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the
transactions provided for in this DEVELOPMENT AGREEMENT.

C.

PRESENT COMPLIANCE WITH LAWS. To the DEVELOPER’s knowledge,
the DEVELOPER has complied with and is not in violation of applicable federal, state
or local statutes, laws, and regulations including, without limitation, permits and
licenses and any applicable zoning, environmental or other law, ordinance or
regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the
DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending
or threatened claim of any such violation.

D.

CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with
all applicable federal, state and local statutes, laws and regulations including, without
limitation, permits and licenses and any applicable zoning, environmental or other
law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT
PLANS and the DEVELOPER IMPROVEMENTS.

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E.

NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or, to the best of the
DEVELOPER’S actual knowledge, threatened against or affecting DEVELOPER or
the FINAL PLAT or the DEVELOPMENT PLANS or the DEVELOPER
IMPROVEMENTS. DEVELOPER is not in default with respect to any order, writ,
injunction or decree of any federal, state, local or foreign court, department, agency
or instrumentality.

F.

FULL DISCLOSURE. None of the representations and warranties made by
DEVELOPER or made in any Exhibit hereto or memorandum or writing furnished or
to be furnished by DEVELOPER or on its behalf intentionally contains or will
intentionally contain any untrue statement of material fact or intentionally omit any
material fact the omission of which would be misleading. Any unintentional untrue
statements or omissions shall be corrected or cured within thirty (30) days after the
DEVELOPER receives FORMAL NOTICE or obtains knowledge of such error,
unless an extension is granted by the CITY.

G.

FINAL PLAT COMPLIANCE. To the best of the DEVELOPER’S actual
knowledge, the FINAL PLAT and the DEVELOPMENT PLANS comply with all
CITY, COUNTY, metropolitan, state and federal laws and regulations, including but
not limited to, subdivision ordinances, zoning ordinances and environmental
regulations.

H.

WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all of the DEVELOPER IMPROVEMENTS against defective material and
faulty workmanship for a period of two (2) years after its completion and acceptance
by the CITY, however, the warranty period for the final wear course of any public
street described in the DEVELOPMENT PLANS and landscaping shall be a one-year
warranty period.
If the CITY gives the DEVELOPER FORMAL NOTICE of a breach of the warranty
set forth in Section 6.1(H) prior to the expiration of the applicable warranty period set
forth in Section 6.1(H), the DEVELOPER shall cure the breach within thirty (30) days
after DEVELOPER’S receipt of such FORMAL NOTICE.
1) PROCESS TO BEGIN WARRANTY PERIOD. Upon DEVELOPER’s
written request for final close-out of the utility infrastructure, the CITY shall
conduct a final inspection and review of the DEVELOPER IMPROVEMENTS,
review with the Comfort Lake Forest Lake Watershed District, if applicable and
circulate a signoff sheet for all applicable CITY Department Heads. Once signed
by Department Heads, the signoff will go to the COUNCIL for approval. The
warranty period for the utility infrastructure shall commence on the date of its
acceptance by COUNCIL.

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The DEVELOPER may separately request acceptance of the street improvements.
The CITY shall inspect the street improvements and circulate a signoff sheet to
the applicable CITY Department Heads. The street improvements shall not be
submitted to the COUNCIL for acceptance until the final wear course has been
installed and approved by the CITY. The warranty period for the street
improvements shall commence on the date of their acceptance by the COUNCIL.
ARTICLE 7
[INTENTIONALLY BLANK]
ARTICLE 8
CITY WARRANTIES
8.1.
STATEMENT OF CITY WARRANTIES.
represents as follows:

The CITY hereby warrants and

A.

ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing under the laws of the State of Minnesota.

B.

AUTHORITY. CITY has the right, power, legal capacity and authority to enter into
and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 9
INDEMNIFICATION OF CITY

9.1.
INDEMNIFICATION OF CITY. Except to the extent caused by the CITY’s breach
of this DEVELOPMENT AGREEMENT, gross negligence, or willful misconduct, DEVELOPER
shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and
representatives harmless against and in respect of any and all claims, demands, actions, suits,
proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies,
including interest, penalties and reasonable attorneys’ fees, that the CITY incurs, (collectively,
“CLAIMS”) to the extent the CLAIMS arise out of, result from or relate to:
A.

breach by the DEVELOPER of the DEVELOPER WARRANTIES;

B.

failure of the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY
ordinances, standards and specifications;

C.

failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;

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D.

any damages in the ordinary course or due to negligence, excluding tort claims, caused
by the CITY in performing obligations of the DEVELOPER that the DEVELOPER
has failed to perform;

E.

failure by the DEVELOPER to pay contractors, subcontractors, laborers, or
materialmen;

F.

failure by the DEVELOPER to pay for materials;

G.

approval by the CITY of the FINAL PLAT;

H.

approval by the CITY of the DEVELOPMENT PLANS;

I.

failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS;

J.

construction of the DEVELOPER IMPROVEMENTS;

K.

delays in construction of the DEVELOPER IMPROVEMENTS;

L.

payment by DEVELOPER for any required costs or assessments;

M.

all costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the DEVELOPER IMPROVEMENTS.

9.2.
NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice
of any matter giving rise to a right of payment against the CITY pursuant to Section 9.1, the CITY
shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER. The DEVELOPER shall
not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30)
days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the
DEVELOPER shall have the right to cure or remedy the event leading to such claim.
9.3.
DEFENSE OF CLAIM. Except to the extent the CLAIM is caused by the CITY’s
breach of this DEVELOPMENT AGREEMENT, gross negligence, or willful misconduct, with
respect to CLAIMS asserted against the CITY by a third party of the nature covered by Section 9.1,
and provided that the CITY gives FORMAL NOTICE thereof, and the DEVELOPER fails to cure or
remedy the event leading to such claim within the required thirty (30) day period, the DEVELOPER
will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved
by the CITY; the DEVELOPER will pay all costs and expenses including reasonable attorneys’ fees
incurred in so defending against such CLAIMS, provided that the CITY shall at all times also have
the right to fully participate in the defense at the CITY’s expense. If the DEVELOPER fails to defend,
the CITY shall have the right, but not the obligation, to undertake the defense of, and to compromise
or settle the CLAIM, for the account of and at the risk of the DEVELOPER.

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ARTICLE 10
CITY REMEDIES UPON DEVELOPER DEFAULT
10.1. CITY REMEDIES. If a DEVELOPER DEFAULT occurs that is not caused by
FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the
DEVELOPER DEFAULT and the DEVELOPER shall have thirty (30) days to cure the
DEVELOPER DEFAULT. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does
not cure the DEVELOPER DEFAULT as set forth above, then the CITY may avail itself of any
remedy afforded by law and any of the following remedies:
A.

the CITY may specifically enforce this DEVELOPMENT AGREEMENT;

B.

the CITY may suspend any work, improvement or obligation to be performed by the
CITY;

C.

the CITY may draw on the LOC in accordance with Section 11.1(B);

D.

the CITY may apply the cash deposit in accordance with Section 11;

E.

the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT;

F.

the CITY may issue an administrative citation without first issuing a compliance letter
pursuant to the procedure listed in CITY Code § 36.02 for any DEVELOPER
DEFAULT continuing after the 30 day FORMAL NOTICE to cure.

G.

the CITY may, at its sole option, perform the work or improvements to be performed
by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days
after written billing by the CITY reimburse the CITY for any costs and expenses
reasonably incurred by the CITY. In the alternative, the CITY may in whole or in part,
specially assess any of the costs and expenses reasonably incurred by the CITY; and
the DEVELOPER hereby waives any and all procedural and substantive objections to
the installation and construction of the work and improvements and the special
assessment resulting therefrom, including, but not limited to, notice and hearing
requirement and any claim that the special assessments exceed benefit to the FINAL
PLAT. The DEVELOPER hereby waives any appeal rights otherwise available
pursuant to Minn. Stat. § 429.081.

10.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER and
thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so
waived and shall not be deemed to waive any other concurrent, previous or subsequent breach
hereunder. All waivers by the CITY must be in writing.

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10.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT
AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to time
and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved
to it, it shall not be necessary to give notice, other than the FORMAL NOTICE.
10.4. EMERGENCY. Notwithstanding the requirement contained in Section 10.1 hereof
relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and
notwithstanding the requirement contained in Section 10.1 hereof relating to giving the DEVELOPER
a right to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the
CITY ENGINEER or CITY PUBLIC WORKS DIRECTOR, resulting from the DEVELOPER
DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER
without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the
DEVELOPER the right to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall
within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs
reasonably incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially
assess the costs and expenses reasonably incurred by the CITY; and the DEVELOPER hereby waives
any and all procedural and substantive objections to the installation and construction of the work and
improvements and the special assessments resulting therefrom, including, but not limited to, notice
and hearing requirements and any claim that the special assessments exceed benefit to the FINAL
PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn.
Stat. § 429.081.
The parties designate the individuals below as their contact in the event of an emergency:
CITY:

Dave Adams 651.755.1207

DEVELOPER:

Ben Schmidt 612.716.3047

DEVELOPER shall provide CITY with contact information for Project Manager who will be
available 24 hours a day 7 days a week until the project is completed. In the event the Project Manager
changes during the development, DEVELOPER shall provide CITY with updated contact
information.

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ARTICLE 11
FINANCIAL OBLIGATIONS
11.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Concurrent with the
execution of this Agreement, the DEVELOPER shall deposit with the CITY an irrevocable Letter of
Credit (“LOC”) for the amount required in EXHIBIT D, which shall not be less than 125% of the
total value of the DEVELOPER IMPROVEMENTS pursuant to CITY Code and the CITY Fee
Schedule. The total DEVELOPER IMPROVEMENTS cost estimates for the LOC shall be approved
by the CITY ENGINEER.
A.

LOC Term. The irrevocable LOC shall be valid until completion of the warranty
periods described in Article 6.1(H). The irrevocable LOC must state that at least sixty
(60) days prior to the expiration date, the bank will notify the CITY if the bank elects
not to renew for an additional period.

B.

Use of LOC. The CITY may draw down on the irrevocable LOC as, and only as,
follows:
1) If the DEVELOPER does not, on or before the date that is sixty (60) days prior to
the expiration of the term of the LOC, as the same may be extended from time to
time, provide the CITY with a replacement LOC that satisfies the requirements of
this Article 11, the CITY may draw on the LOC for the full amount of the LOC in
which case the proceeds of the LOC shall become a cash escrow which the CITY
may draw from as provided in Sections 10.1 and 11.2;
2) To cure a DEVELOPER DEFAULT as defined in Section 1.9, pursuant to the
procedure in Section 10.1(G);
3) To complete any work deemed necessary, in the CITY’s reasonable discretion to
stabilize the DEVELOPMENT PROPERTY in the event of the DEVELOPER
abandoning the DEVELOPMENT PROJECT as determined by the CITY.

11.2. LOC RELEASE AND ESCROW ADJUSTMENT; DEVELOPER
IMPROVEMENTS. The CITY will agree to a reduction in the amount of the LOC (or will accept
a replacement LOC in a reduced amount) pursuant to the following steps:
A.

The DEVELOPER certifies to the CITY that the DEVELOPER has completed a
portion of the DEVELOPER IMPROVEMENTS, certifies to the CITY the costs the
DEVELOPER incurred to complete that portion of the DEVELOPER
IMPROVEMENTS, and provides the CITY with written documentation evidencing
the DEVELOPER’s full payment for the costs of that portion of the DEVELOPER
IMPROVEMENTS and provides CITY with as-builts of completed work;

B.

The CITY ENGINEER confirms that the DEVELOPER has completed the referenced
portion of the DEVELOPER IMPROVEMENTS in accordance with this

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DEVELOPMENT AGREEMENT and DEVELOPMENT PLANS (provided that if
the CITY ENGINEER determines that DEVELOPER has not completed the
referenced portion of the DEVELOPER IMPROVEMENTS in accordance with this
DEVELOPMENT AGREEMENT or DEVELOPMENT PLANS, the CITY
ENGINEER shall promptly provide the DEVELOPER with a written description of
all alleged deficiencies. in the DEVELOPER’s completion of those DEVELOPER
IMPROVEMENTS);
C.

The CITY ENGINEER reasonably estimates the cost of completing the remainder of
the DEVELOPER IMPROVEMENTS; and

D.

The CITY COUNCIL shall approve a reduction in the amount of the LOC to an
amount equal to 125% of the amount determined by the CITY ENGINEER pursuant
to this Section (or will approve acceptance of a replacement LOC in that amount),
however in no event shall the amount of the LOC be reduced below 25% of the total
initial LOC amount until all DEVELOPER IMPROVEMENTS have been accepted
by the CITY and the warranty period required by Article 6 is complete.

E.

If the CITY ENGINEER confirms that the DEVELOPER has not completed the
referenced portion of the DEVELOPER IMPROVEMENTS in accordance with this
DEVELOPMENT AGREEMENT, the CITY is not obligated to agree to a reduction
in the amount of the LOC (or will accept a replacement LOC in a reduced amount)
until the DEVELOPER completes the referenced portion of the DEVELOPER
IMPROVEMENTS in accordance with this DEVELOPMENT AGREEMENT. If the
DEVELOPER completed and concealed DEVELOPER IMPROVEMENTS without
permitting the CITY to inspect those DEVELOPER IMPROVEMENTS, CITY may
require the concealed condition to be exposed for inspection purposes.

11.3. DEVELOPER’S CASH FEES REQUIREMENT. At the time that the
DEVELOPMENT AGREEMENT is executed, DEVELOPER shall pay the CITY for the fees set
forth on EXHIBIT D, except that the parkland dedication fee-in-lieu obligation which shall be
satisfied as provided in Article 4.
11.4. CASH ESCROW REQUIREMENT. The DEVELOPER shall reimburse the CITY
for all inspection costs relating to the DEVELOPER IMPROVEMENTS and all engineering,
administrative, legal and other expenses incurred or to be incurred by the CITY in connection with
this AGREEMENT. Therefore, contemporaneously herewith, the DEVELOPER shall deposit with
the CITY a cash deposit for the amount of $30,000 as described in EXHIBIT D to cover CITY
expenses related to the DEVELOPMENT PROJECT including but not limited to planning,
engineering, legal and administrative services, soil testing and inspection services. The CITY shall
use the cash deposit proceeds to reimburse the CITY for its costs and shall provide DEVELOPER
with written itemization of said reimbursements. Upon completion of the DEVELOPER’s obligations
under this DEVELOPMENT AGREEMENT and payment of all amounts owed to the CITY, the
remaining proceeds shall be returned to DEVELOPER.

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ARTICLE 12
MISCELLANEOUS
12.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be
considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.
12.2. NO THIRD-PARTY RECOURSE. Third parties shall have no recourse against the
CITY under this DEVELOPMENT AGREEMENT.
12.3. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT.
12.4. RELEASES. The CITY shall provide to DEVELOPER, upon written request
therefor, a recordable release releasing a lot in the FINAL PLAT from this DEVELOPMENT
AGREEMENT at any time after the CITY has issued a certificate of occupancy for the residence
constructed on such lot and the CITY has confirmed that the lot is in accordance with the
DEVELOPMENT PLANS.
12.5. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the
DEVELOPMENT PROPERTY and shall be binding upon the successors and assigns of the
DEVELOPER.
12.6. CONTRACT ASSIGNMENT.
The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which
approval will not be unreasonably withheld. In such case, the third-party assignee will be required to
accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT
AGREEMENT. Upon satisfaction of such requirements by such third-party assignee, the
DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the
DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots, the entire FINAL PLAT, or any part of it.
12.7. AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this DEVELOPMENT AGREEMENT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained
in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving of
any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing. No waiver of any of the

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provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of
any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
12.8. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by
and construed in accordance with the laws of the State of Minnesota.
12.9. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in
any number of counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
12.10. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect
the construction or interpretation of any of its provisions.
12.11. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT AGREEMENT or if the obligations imposed hereunder upon the
DEVELOPER are inconsistent, then that provision or term which imposes a greater and more
demanding obligation on the DEVELOPER shall prevail.
12.12. COMPLETION. Upon request by DEVELOPER, the CITY covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request, upon
the completion of the DEVELOPER IMPROVEMENTS required herein, payment of all costs and
fees required and compliance with all terms of this DEVELOPMENT AGREEMENT.
12.13. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees,
officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to
perform all work and inspections deemed appropriate by the CITY during the installation of
DEVELOPER IMPROVEMENTS.
[The remainder of this page has been intentionally left blank.]

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155

IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
AGREEMENT.
CITY:
CITY OF FOREST LAKE

By:

By:

Blake Roberts
Its Mayor

Jolleen Chaika
Its Interim City Administrator/City Clerk

STATE OF MINNESOTA
COUNTY OF WASHINGTON

)
)
)

ss.

On this
day of
, 2026, before me a Notary Public within and
for said County, personally appeared Blake Roberts and Jolleen Chaika to me personally known, who
being each by me duly sworn, each did say that they are respectively the Mayor and City Interim
Administrator of the City of Forest Lake, the municipality named in the foregoing instrument.

Notary Public

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156

DEVELOPER:
TCLD-Havenwood, LLC
a Minnesota limited liability company

By:

Benjamin Schmidt
Its: President

STATE OF MINNESOTA
COUNTY OF HENNEPIN

)
)
)

ss.

On this _____ day of ________________________, 2026, before me a Notary Public
within and for said County, personally appeared Benjamin Schmidt to me personally known, who
being by me duly sworn, did say that he is the President of TCLD-Havenwood, LLC, a Minnesota
limited liability company, the entity named in the foregoing instrument, and that said instrument
was signed on behalf of said entity.

Notary Public

THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Eckberg Lammers
1809 Northwestern Ave
Stillwater, MN 55082
651-288-9080

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EXHIBIT A
DEVELOPMENT PROPERTY LEGAL DESCRIPTION
LEGA DESCRIPTION
Washington County, Minnesota

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158

EXHIBIT B
DEVELOPER IMPROVEMENTS PLANS
This Exhibit shall be supplemented, as applicable, with final City-approved plans before
release of the Final Plat for recording.
See Development Plans as described in the index below. An electronic copy is on file with the City.
Westwood Grading, Drainage, and Erosion Control Plans
SHEET
TITLE
1 of 21
Cover
2 of 21
Existing Conditions
3 of 21
Overall Grading & Erosion Control Plan
4 of 21
Final Grading Drainage & Erosion Control
5 of 21
Final Grading Drainage & Erosion Control
6 of 21
Final Grading Drainage & Erosion Control
7 of 21
Final Grading Drainage & Erosion Control
8 of 21
Wetland Buffer Plan
9 of 21
Street Profiles
10 of 21
Street Profiles
11 of 21
Street Profiles
12 of 21
Typical Section
13 of 21
Typical Section
14 of 21
Erosion Control Details
15 of 21
Details
16 of 21
Details
17 of 21
Details
18 of 21
Traffic Control Plan
19 of 21
SWPPP Narrative
20 of 21
SWPPP Notes
21 of 21
SWPPP

DATE
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026

Westwood Final Construction Plans for Sanitary Sewer, Water Main, Storm Sewer, and Streets
SHEET
TITLE
DATE
1 of 30
COVER
June 17, 2026
2 of 30
REMOVALS PLAN
June 17, 2026
3 of 30
OVERALL UTILITY
June 17, 2026
4 of 30
SANITARY SEWER AND WATERMAIN CONSTRUCTION PLAN
June 17, 2026
5 of 30
SANITARY SEWER AND WATERMAIN CONSTRUCTION PLAN
June 17, 2026
6 of 30
SANITARY SEWER AND WATERMAIN CONSTRUCTION PLAN
June 17, 2026
7 of 30
SANITARY SEWER AND WATERMAIN CONSTRUCTION PLAN
June 17, 2026
8 of 30
WATERMAIN CONSTRUCTION PLAN
June 17, 2026
9 of 30
STORM SEWER AND STREET CONSTRUCTION PLAN
June 17, 2026
10 of 30
STORM SEWER AND STREET CONSTRUCTION PLAN
June 17, 2026

4760372.v2

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159

11 of 30
12 of 30
13 of 30
14 of 30
15 of 30
16 of 30
17 of 30
18 of 30
19 of 30
20 of 30
21 of 30
22 of 30
23 of 30
24 of 30
25 of 30
26 of 30
27 of 30
28 of 30
29 of 30
30 of 30

STORM SEWER AND STREET CONSTRUCTION PLAN
STORM SEWER AND STREET CONSTRUCTION PLAN
STORM SEWER CONSTRUCTION PLAN
INTERSECTION DETAIL
INTERSECTION DETAIL
STREET SIGNAGE & STRIPING PLAN
TYPICAL STREET SECTION DETAIL
DETAILS
DETAILS
DETAILS
DETAILS
DETAILS
DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
MNDOT PEDESTRIAN RAMP DETAILS
TRAFFIC CONTROL PLAN

June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
June 17, 2026
February 20, 2026

Westwood Final Landscape Plan
SHEET
01 of 08
02 of 08
03 of 08
04 of 08
05 of 08
06 of 08
07 of 08
08 of 08

TITLE
COVER
OVERALL FINAL LANDSCAPE PLAN
PHASE 1 FINAL LANDSCAPE PLAN
FINAL LANDSCAPE PLAN
FINAL LANDSCAPE PLAN
FINAL LANDSCAPE PLAN
FINAL LANDSCAPE PLAN
FINAL LANDSCAPE NOTES & DETAILS

DATE
May 15, 2026
May 15, 2026
May 15, 2026
May 15, 2026
May 15, 2026
May 15, 2026
May 15, 2026
May 15, 2026

Westwood Phasing Plan
SHEET
1 of 1

TITLE
Phasing Plan

DATE
March 18, 2026

Westwood Park Improvement Plan
SHEET
1 of 1

TITLE
Park Improvement Plan

[14513-40073/3552059/1]
4760372.v2

DATE
Not yet submitted; final plan subject to City review and
approval prior to release of the Final Plat for recording

B-2

160

EXHIBIT C
PERMITS, LICENSES AND OTHER APPROVALS
1.

Any licenses or permits required by the Minnesota Department of Health.

2.

NPDES Permit from the MPCA.

3.

Permit from Comfort Lake Forest Lake Watershed District.

4.

Right of Way Permit from the CITY.

5.

Grading Permit from the CITY.

6.

Any contractor licenses from the CITY or the State of Minnesota.

7.

Building Permits from the CITY.

8.

Utility permits that may be required from the CITY, State of Minnesota or any utility
company.

Additional permits as may be required by other public entities or regulators

4760372.v2

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161

EXHIBIT D
DEVELOPER’S CASH REQUIREMENTS AND
INDIRECT COST CASH ESCROW
Collected upon DEVELOPMENT AGREEMENT Execution:
Total Required LOC Amount:

$3,945,000

•

General Construction (Street/Utilities) LOC: $3,245,000 (including $245,000
securing the park improvements)

•

Wetland and Stormwater LOC: $700,000

Required Cash Escrow:

$30,000

DEVELOPMENT FEES
Rate
Quantity
Water System Area Charge
$5,000.00/Acre
22.65 Acres
Sanitary Sewer Area Charge
$4,000.00/Acre
22.65 Acres
Seal Coat Fee
$0.35/SF
85,158 SF
Parkland Dedication Fee-in$2,500/lot
61 Lots
Lieu Obligation*
*Satisfied through park improvements under Article 4 and not collected in cash.
Collected upon BUILDING PERMIT Release
ESCROW
Builder CASH ESCROW
Erosion Control, Grading & Sod
Landscaping and Trees
Property As-built Survey & Corner Replacement
Total CASH ESCROW:
CASH REQUIREMENTS

Total
$113,250
$90,600
$29,805.30
$152,500

Per Lot
$5,000
$3,500
$1,500
$10,000

Building Permit Fees
Per Lot
City SAC
$3,800
City WAC
$4,500
City STAC
$3,600
MCES SAC
Est. $2,485 (Set by Met. Council, may change)
Grading Plan and As-built
Est. $200.00 or the City’s current Building Permit Fee,
Review Fee
whichever is greater
*See CITY’S Fee Schedule for current permit rates.

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162

EXHIBIT E
PHASING AREAS

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EXHIBIT F
CONSTRUCTION TRAFFIC CONTROL PLAN

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164

STAFF REPORT
MEETING DATE:

August 10, 2026

TO:

Mayor Blake Roberts and City Council Members

STAFF ORIGINATOR: Abbi Wittman, Community Development Director
Kyle Young Parks and Recreation Coordinator
AGENDA ITEM:

Park Land Dedication Fee Study

______________________________________________________________________________
INTRODUCTION:
Since 2025 the Parks and Recreation Commission have been updating its Park System Master
Plan. As part of that update, the City assessed its Parkland Dedication Fee to determine if it was
sufficient to support the City’s future park needs. At its July meeting, the Parks and Recreation
Commission reviewed the study, incorporated as an appendix to the draft Park System Master
Plan, and made recommendations to the City Council regarding an Parkland Dedication Fee
increase. Staff is requesting the City Council review and accept the study as well as accept a
Parkland Dedication fee increase.
ANALYSIS:
Purpose
To create a unit-based cash in lieu fee based on residential units or, or a commercial equivalent,
based on the projected demand on the Forest Lake parks system through the year 2040.
Assumptions
1.

Population Forecast – The City will use the Metropolitan Council’s population projection
of 26,000 residents by the year 2040.

2.

The City’s Average Household Size is projected to be 2.41 residents per household by
2040 (Met Council 2025 System Statement).
a. The terms “residential unit” and “household” are used interchangeably.

3.

The City has adopted the National Park and Recreation Association (NRPA)
recommendation standard of 12.9 acres of parkland per 1,000 people for cities with a
population less than 49,999 residents.

4.

Presently, there are 198.37 acres in the City Parks system
a. This includes parkland dedication for the Hidden Creek, Amberly Woods, and
Havenwood developments totaling 10.28 acres.
Presently, there are 34.7 miles in the City Trails system.

5.

165

a. Forest Lake’s Parks System Plan has identified the need for an additional 17.1
miles of trail by 2040 to better connect the current community and serve new
developments in the 2040 growth area.
6.

Park improvement costs vary depending on the type of park and provisions required to
support the community. For the purposes of this study, park improvement costs are
assumed to be an average of $21,000/acre.

7.

Trail improvement costs can vary significantly depending on topography, type of trail
required and other site-related factors. For this study, trail improvement costs are
assumed to be $85/linear foot.
a. These average costs do not include ROW acquisition, wayfinding or amenities.

8.

Land values can vary greatly depending on the nature of a property and its location. For
this study, land costs are assumed to be $1 per square foot, or $43,560 per acre.

9.

The total planned expenditure for qualifying park improvement projects through 2040
found in the Capital Improvement Plan (CIP) is $24,780,000.
a. An average of $1,770,000/year has been assumed in the above figure for years
2037-2040 where no CIP data is provided to extrapolate to 2040.
b. When trail gaps and planned future corridors are considered, the need for capital
improvement funds through 2040 is increased by $7,898,880 to a total of
$32,678,880.
c. If the City must acquire land for future parks, the need for capital improvement
funds through 2040 is increased by $5,969,027 to a total of $38,647,907.
d. If costs for park planning to identify improvements at each of the current and
future parkland dedication areas are incorporated; per the Parks System Plan, the
need for capital improvements funds through 2040 is increased by $863,000 to
$39,510,907.
e. If costs for improvements to future parkland dedications are incorporated, the
need for capital improvement funds through 2040 is increased by $2,877,630 to
$42,388,537.

10.

It is assumed that people who work at commercial and industrial sites in Forest Lake
do not place the same demand on parks and trails as residents. Therefore, it is
assumed that commercial or industrial uses would require half of what is normally
assumed to be needed for residents.

Unit Fee Calculation
1.

Acres needed by 2040: Based on the assumptions above, the calculation follows:
a. 12.9 x 26 = 335.4 Acres

166

b. 335.4 (total) Acres – 198.37 (existing) Acres = 137.03 (needed) Acres
2.

Cash In Lieu Fee per Residential Unit: A unit-based fee will calculate the costs of
system improvements on a per unit basis as follows:
a. $42,388,537 capital improvement funding needs /26,000 residents =
$1,630.33/resident
b. $1,630.33 x 2.41 residents per household = $3,929.09/residential unit.

3.

Commercial/Industrial Conversion Option: A unit-based fee for commercial or
industrial uses would recognize that employees place a demand, although lesser
than residential uses, on the city’s parks system. It could require parkland fees to be
based on the 2040 Comprehensive Plan’s assumed number of 11 employees per
acre.
a. 11 employees per acre x $1,630.33/resident x 50% assumed need for employees
= $8,966.81/acre

As the Council can see, the study is showing the current rate (of $2,500/residential unit and
$7,000/commercial acre) are insufficient for the future parkland needs of the Community.
Therefore, its in the City’s best interest to adopt the study (including the methodology the City
will use to determine if future increases are warranted) and appropriately increase the Parkland
Dedication fee.
RECOMMENDATION:
Both the Parks and Recreation Commission and Staff recommends the Council review the
information provided and motion to:
1. to accept the Parkland Dedication Fee Study, adopt a standard of
$3929.09/residential unit, and $8,966.81/commercial-industrial acre as a new park
land dedication formula for cash in lieu; and
2. direct staff to draft an Ordinance memorializing the new residential unit ($3929.09)
and commercial-industrial ($8,966.81) fees and making them applicable to any
preliminary plat application applied for after the date of approval of the fee
adjustment.
ATTACHMENTS:
Park Land Dedication – Fee Study Narrative

167

Appendix B:
Park Dedication Fee Study

168

UNIT FEE ANALYSIS WORKSHEET
2025 CIP: Planned Parks & Trails Improvements (total per year)

$

2027
4,145,000.00 $

Yearly average

$

1,770,000.00

2028
825,000.00 $

2029
3,105,000.00 $

2030
2,625,000.00 $

2031
1,500,000.00

Gap Cost Analysis for Park System:
Existing Miles
Gap Miles thru 2040
Cost factor (per lf)
34.7
17.1 $
85.00 $

Trail Gap Costs

Total Land Needed

Existing Land

335.4

Park Land Gap Costs

198.37 $

Park Planning Needs identified in Parks System Plan

Total Land Needed

Existing Land

Land Cost
43,560.00 $

Total Future Park
Improvement Costs:
New total
5,969,026.80 $ 38,647,906.80

$

New total
863,000.00 $ 39,510,906.80

Improvement Costs
21,000.00 $
198.37 $

335.4

Park Improvement Gap Cost

Total Costs:
New total
7,898,880.00 $ 32,678,880.00

Total Future Park
Improvement Costs:

New total
2,877,630.00 $ 42,388,536.80

Residential Unit Fee Calculation
Population by 2040
Average Household Size
Fee per resident
Residential Unit Fee

26,000
2.41
$
$

1,630.33
3,929.09

$
$
$

Full Proof
786
879
1665
11
18311
815.16 $
14,926,641.66
8,966.81 $

Commercial/Industrial Use Fee Calculation
Developable Acres 2020-2030
Developable Acres 2030-2040
Total Developable Acres
Assumed Rate of Employees per Commercial Acre
Employees per Developed Acre
Fee per Employee
Assumed Need for Employment serving Parks/Trail Improvements
Fee Per Acre

FLU Categories w/ Employment
Mixed Use
Downtown Mixed Use
Business Park
General Business
Highway Business
Highway Commercial
Industrial
Neighborhood Commercial

Net acres
2020-2030
212
6
366
9
50
185
50
17
895

Simple Calc

11
815.16
8,966.81

Net acres
2030-2040
88
0
2
0
833
0
0
0
923

(assuming 50% commercial
development in mixed use)
Net acres
2020-2030
106
3
366
9
50
185
50
17
786

Net acres
2030-2040
44
0
2
0
833
0
0
0
879

169

$

2032
2033
1,500,000.00 $ 1,500,000.00 $

2034
2035
1,500,000.00 $ 1,000,000.00 $

2036
2037
2038
2039
2040
TOTAL
$ 1,770,000.00 $ 1,770,000.00 $ 1,770,000.00 $ 1,770,000.00 $ 24,780,000.00

2026 PARK SYSTEM PLAN ESTIMATES

Impelementation Chapter: Recommendation Costs

8.3
8.3
8.3
8.3
8.3
8.3
8.3
8.6
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
10.2
11.1

5.2
6.1
6.3
7.2

Reommendations
1.1.a.1
1.2.a.1
1.2.a.3
1.2.a.4
1.2.b.1
1.2.b.2
1.2.b.4
1.2.b.5
1.2.c.2
1.2.c.4
1.2.c.5
1.2.c.6
1.2.d.3
1.2.d.4
1.2.d.7
1.2.d.8
1.2.d.9
1.2.d.10
1.3.a.2
1.3.a.2
1.3.a.2
1.3.a.2
1.3.a.2
1.3.a.2
1.3.a.2
2.1
2.1.a.1
2.1.a.3
3.1
3.1
3.1
3.1

$
2030 $
2032 $
2034 $
2036 $
2038 $
2040 $
$
2027 $
2028 $
2029 $
2030 $
2031 $
2032 $
2033 $
2034 $
2035 $
2036 $
2037 $
2038 $
2039 $
2040 $
$
$

20,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
10,000.00
25,000.00
200.00
20,000.00

25,000.00
2,000.00
200.00
4,000.00

30,000.00
25,000.00
12,000.00
18,000.00
18,000.00
18,000.00
12,000.00
12,000.00
12,000.00
12,000.00
12,000.00
12,000.00
12,000.00
12,000.00
40,000.00
50,000.00
80,000.00
8,000.00
8,000.00
8,000.00
8,000.00

$
$
$
$
$
$
$
Bay $
Bayview $
Clear Lake $
Eagle Bluff $
Manor $
Havenwood $
Sherwood $
$
$
$
2029 $
2032 $
2035 $
2038 $

$
$
$
$

Low Cost Range
15,000.00
20,000.00
15,000.00
12,000.00
25,000.00
12,000.00
20,000.00
20,000.00
25,000.00
25,000.00

$
$
$
$
$
$
$
$
$
$

Notes

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

$
$
$
$

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

$
$
$
$
$
$
$
$
$
$

35,000.00
16,000.00
16,000.00
16,000.00
16,000.00
16,000.00
16,000.00
40,000.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
500.00
45,000.00
30,000.00

50,000.00
5,000.00
8,000.00
10,000.00

45,000.00
40,000.00
18,000.00
25,000.00
25,000.00
25,000.00
18,000.00
18,000.00
18,000.00
18,000.00
18,000.00
18,000.00
18,000.00
18,000.00
60,000.00
120,000.00
200,000.00
10,000.00
10,000.00
10,000.00
10,000.00

High Cost Range
20,000.00
30,000.00
20,000.00
18,000.00
40,000.00
18,000.00
32,000.00
25,000.00
35,000.00
40,000.00

Category

Parks Recommendations
Capital Needs
Programming
Capital Needs
Natural Resources + Resiliency
Capital Needs

Data from Parks System Plan Supporting Calculations:

$

not supported by park land dedication fee

863,000.00 high-medium park planning needs

blue = High
black = Medium
Red = Low

170

Implementation Chapter: Anticipated Park Improvements Worksheet Costs

12.1
12.2
12.3
13.1
13.2
14.5
16.5
17.2
17.2
17.2
17.2
17.2
17.2
17.2
17.2
17.2
17.2
17.2
18.5.a.1

$
$
$

$
$
$

$
$
$
$
$
$
$
2030 $
2031 $
2032 $
2033 $
2034 $
2035 $
2036 $
2037 $
2038 $
2039 $
2040 $
$

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

2,400,000.00 $
11,200,000.00 $
10,100,000.00 $

151,000.00 $
18,921,000.00 $
10,534,000.00 $

1,000,000.00
10,400,000.00
8,100,000.00
58,000.00
4,000,000.00
5,400,000.00
3,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
20,000.00
25,000.00

Connectivity + Acccessibility
Capital Needs
Operations + Mgmt Capital Needs

3,500,000.00 Total High Priority
16,200,000.00 Total Medium Priority
26,000,000.00 Total Low Priority

414,000.00 Total High Priority
23,308,000.00 Total Medium Priority
12,799,000.00 Total Low Priority

1,500,000.00
12,600,000.00
9,800,000.00
80,000.00
4,800,000.00
6,500,000.00
5,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
50,000.00
40,000.00
Park System Costs
$
414,000.00
22,680,000.00 $
628,000.00
12,600,000.00 $
199,000.00

Trail System Costs

$
$

171

172

MEMORANDUM
MEMO DATE: July 8, 2026
STAFF ORIGINATOR:

Josh Shields, Principal Landscape Architect

AGENDA ITEM:

Park Land Dedication – Fee Study Narrative

INTRODUCTION
The City of Forest Lake is reviewing its existing park dedication fee structure as part of the broader Parks
System Plan development effort, with the objective of better understanding and preparing for future
development opportunities as the community continues to expand its parks and trails network. Several
factors have been reviewed as part of this park dedication fee study:
•

Minnesota State statues provide cities with the authority to require park dedication but also
outlines standards for setting the amount of said dedication.

•

A 2023 court ruling from the City of Burnsville reminds Minnesota cities how the individual
determination of park dedication fees is calculated and substantiated.

•

Information from the city’s park and recreation system and comprehensive plan, Washington
County Assessor, and census data.

As a best practice, the City should leverage data from the Parks System Plan, along with an estimate of
recommendations for development costs to further justify its park dedication standards.
Minnesota Statues
Statues 462.358 Subd. 2b and 2c outline a city’s authority for park dedication under the subdivision
ordinance regulations. In part, the statue states:
“The regulations may require that a reasonable portion of the buildable land, as defined by
municipal ordinance, of any proposed subdivision be dedicated to the public or preserved for
public use as…holding areas or ponds and similar utilities and improvements, parks, recreational
facilities… playgrounds, trails, wetlands, or open space”.
Additionally, this statute goes on to say:
“If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a… the
municipality must adopt a capital improvement budget and have a parks and open space plan or
have a parks, trails, and open space component in its comprehensive plan”.
This statute provides authority for a city to take park dedication from a subdivision based on projected
need for park land. Park dedication can be in the form of land dedication or cash equivalent, or a
combination of both cash and land, “based on the fair market value (FMV) of the unplatted land for
which park fees have not already been paid”. It also underscores the necessity of “a nexus between the

173

fees and the municipal purpose sought to be achieved by the fee”, as well as the responsibility of the fee
bearing a “rough proportionality to the need created by the proposed subdivision or development”.
Since land will likely only be dedicated in certain instances, calculating a reasonable value for cash
contributions is needed and reasonable under the Statute. The Statute references two other sections:
471.191 says that any land dedicated must be for public use, and 462.353 Subd. 4a which says that any
fees collected must be by ordinance.
Puce v. Burnsville
In 2023, the Minnesota Supreme Court presided over a case arguing against the legality of a city in
collecting park dedication fees as part of development proceedings. This case, Almir Puce v. City of
Burnsville, revolved around two basic legal requirements: a nexus, or connection between park
dedication fees and the need to acquire park land because of development, and a rough proportionality
between the fee and the need for park land. To summarize, the court ruling stated the following:
•

A municipality may impose a park dedication fee only if the municipality reasonably determines
that it will need to acquire and develop or improve a reasonable portion of land as a result of
the municipality’s approval of a subdivision.

•

A municipality may impose a park dedication fee on a subdivision only if there is a rough
proportionality between the fee and the need for the acquisition and development, as
demonstrated by an individual determination that the fee is related both in nature and extent to
the impact of the proposed development.

Or put more simply:
•

“A Tailored Approach”: Cities can’t rely solely on a standard one size fits all formula or flat fee
for all development; they must show a reasonable, individualized link between the fee and the
development’s specific impact on park needs.

•

“Rough Proportionality”: The fee imposed must be roughly proportional in extent to the impact
of the development, requiring data to support the need for new or improved park facilities.

•

“A Nexus”: A connection must exist between the fee and the development’s need for parks, a
standard derived from U.S. Supreme Court cases but applied to the state’s subdivision statute.

ANALYSIS:
Basis for Land Dedication
1. The State requires park dedication fees to be placed in a special fund. That fund may be used
only for acquisition or improvement of parks and recreational facilities. It may not be used for
ongoing operation or maintenance of park or recreational facilities.
2. The amount of parkland to be dedicated to the city can be based on a fraction of the land, the
number of units of development, or the population. If it is calculated, State Statute requires that
it be tied to a certain portion of the land.
3. The impact on use of park facilities is related to the number of users, or population. National
Park and Recreation Association (NRPA) provides national metrics that provide recommended
acreages for different types of park amenities –mini, neighborhood, community, special use
areas and natural resource areas – which total an average between 10.9 and 12.9 acres of
parkland per 1,000 people in cities with a population less than 49,999 residents.

174

4. Park and recreation facilities primarily serve the residential population of a community, but are
often enjoyed by employees from non-residential commercial, office, industrial and institutional
facilities. Forest Lake’s parks system also experiences use pressure from neighboring
communities that don’t have the same level of available amenities or programming. National
studies like The Economic Impact of Parks issued by the NRPA provide data supporting park and
recreation facilities’ role in attracting business and spurring economic development. It is then
appropriate and reasonable for commercial-industrial property to contribute land and cash in
lieu for park dedication.
Existing System and Forecast Impact
1. Forest Lake’s current population and park acreage translate to 9.9 acres/1,000 population; less
than the range noted above. The City Council could find that the current park and recreation
system is insufficient for serving the community’s needs and may consider steps to increase this
ratio going forward.
2. Dividing the total anticipated capital park system needs between 2027-2040 by the forecast
population in 2040 of 26,000 and then multiplying that figure by the average household size of
2.41 helped establish the anticipated financial impact on the park system per resident. This
accounts for existing and new residents who will benefit from the parks system by 2040.
3. A summary of developable and undevelopable land both within and outside of the city’s
Metropolitan Urban Service Area (MUSA) boundary was used to identify probable impact from
development from the current year through 2040. This review leveraged data reported in Table
2-13 – Guided Land Use Acres for Developable Land Uses (2023) and indicates a total of 1,665
developable commercial, industrial and institutional acres between 2020-2040.

Existing Standard
The City’s existing standard for park dedication uses the formulas below:
Use
Residential

Non-Residential
Mixed-Use

Land Dedication
1-6 units/acre = 10% of net area
7 or more units/acre = 10% of net area + 1% for each additional dwelling over 6
units/acre
An estimated 5% of the net area shall be dedicated for public space.
Land contributions shall generally follow the percentages above and shall be based
on the amount of land and number of units designated to residential use and the
amount of land designated to non-residential uses.

If land dedication is not feasible, the City can require either a combination of cash and land contribution
or sole cash contributions. This is calculated as noted in City Code Section 152.092 by determining the
total land dedication required and converting the total land dedication to its fair market value. If any
land is dedicated, the fair market value of that land shall be subtracted for the total.

Adjacent Communities
The project team compared existing park dedication fees and policies with neighboring communities
using publicly available documentation to ensure competitiveness, fairness and alignment with regional
growth strategies. The following key factors should be considered when making these comparisons:

175

1.

Fee Structure: Some cities use a per-unit basis, others a per-acre basis, or a hybrid, with
rates often depending on the development type (residential v. commercial/industrial).

2.

Level of Service Standards: Communities use different parkland-to-resident ratios or
minimum park area standards, influencing how they calculate and justify fees.

3.

Developer Flexibility: Some municipalities offer alternatives to paying fees, such as
donations of land, which may be incentivized differently from community to community.

City

Population Park Dedication

Shoreview 26,943

10% of net area

White
Bear Lake

23,151

Residential is variable 10-13% of
land area based on dwelling
units/acre; Non-residential is
variable but no less than 5% of
land area

Lino Lakes

23,098

10% of net area

Cash-In Lieu
Residential = variable, no more than
10% of Fair Market Value (FMV)
Non-Residential = Determined by City
Council, no more than 10% of FMW
Residential = $2,400/unit*
Non-Residential = $7,000/acre*

Residential = $3,500/unit*
Non-Residential = $2,600/acre*
Residential = $1,500 or $2,000 per
unit based on type*
Non-Residential = $2,000/unit*
Residential = $3,600/unit up to 3
lots*
Non-Residential = $6,000/acre*

Residential = variable but no less
than 10% based on units/acre;
Non-residential = 7.5% of net area
Residential is variable between 510% of gross area based on use;
Lake Elmo 14,863
Non-residential has no dedication
requirement
*cash in-lieu fees established above are using FMVs. These are outlined in City’s Fee Schedule/
Ordinance and not outlined in City Code/Zoning Ordinance.

Stillwater

19,381

^ city awaiting final parkland dedication fee information from peer communities

PROPOSED STANDARD
After careful review of the existing parkland dedication standards, standards and regulations of adjacent
or comparable communities, and legal precedents and state statutes, we are recommending the City
review the Recommendations for adopted fee/residential unit and fee/commercial-industrial acre as
detailed in the attached Park Land Dedication – Fee Study Staff Report.
The following would be the recommended process for all future projects about whether there should be
a consideration for a land or cash dedication:
1. Review for parkland need, consult park service area maps in the current Parks System Plan.
2. Review trail corridor needs, for possible credits to land dedication requirements for trail
provisions.
If neither of the two above needs are identified, or if the land dedication required exceeds credits, then
cash in lieu should be considered.

176

Other Options to Increase Parkland
As Forest Lake is currently below the NRPA’s standard metric for parkland for a community between
20,000 and 49,999 population; 9.9 acres per 1,000 population-the City should consider alternative ways
to make up for the deficit, this could include the following:
1. Public Benefit from Planned Unit Developments: When establishing a Planned Unit
Development District (PUD), the City can opt to receive more park dedication than required by
ordinance as a public benefit in exchange for providing flexibility to ordinance standards.
2. Land Acquisition: The City may strategically identify lands which would best serve the
community’s needs for parks and trails or seek to acquire land from other agencies or
community partners, as available.
3. Land Donations: In some situations, property owners may be interested in donating land to the
city as a way of protecting it for future generations. This option is not common but is not
unheard of, particularly where there are efforts to grow protection for unique natural features
or habitats.

ATTACHMENTS:
Park Land Dedication – Fee Study (Staff Report)
Unit Fee Analysis Worksheet
League of Minnesota Cities – Subdivision Guide for Cities
League of Minnesota Cities – Development Fees and Cities Q&A

177

INFORMATION MEMO

Subdivision Guide for Cities
Learn the framework of municipal subdivision regulation. Find guidance on subdivision ordinance
drafting, adoption, administration and enforcement. This memo covers development agreements,
platting, 60-day rule and 120-day rule plus shoreland management and subdivision ordinances. It
addresses city costs, interim ordinances (moratoriums) variances, park dedication and much more.

I.

The purpose of subdivision regulations

Minn. Stat. § 462.358, subd.
1a, 2a.

Cities may regulate the subdivision of land through a subdivision ordinance.
Developers who seek to subdivide larger tracts of land into smaller parcels
for development and/or sale must follow the city’s subdivision ordinance.
Subdivision regulations specify the standards of the city related to size,
location, grading, and improvement of:

Minn. Stat. § 462.358, subd.
2a.

•
•
•
•
•

Lots.
Structures.
Public areas, trails, walkways, and parks.
Streets and street lighting.
Installations necessary for water, sewer, electricity, gas, and other
utilities.

RELEVANT LINKS:

Subdivision regulations allow cities to ensure that a new development or
redevelopment meets the standards of the city for a safe, functional and
enjoyable community. Importantly, subdivision regulations can help the city
preserve and protect vital natural resources.

A. Ensuring safe and functional communities
Subdivision standards keep communities safe and functional in many ways.
Some typical examples include:
•
•
•
•

Preventing the flooding of basements by requiring the subdivider to grade
appropriately for the subdivision and install curbs, gutters, and
stormwater facilities.
Preventing car accidents by requiring the subdivider to provide for streets
of an appropriate width and design for expected levels of traffic
circulation.
Keeping pedestrians safe by requiring the installation of sidewalks, street
lights, and trails.
Preventing cracked foundations, soil erosion and soil loss, and washedout streets by requiring the developer to perform soil suitability tests.

This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations.
145 University Ave. West
Saint Paul, MN 55103-2044

www.lmc.org
(651) 281-1200 or (800) 925-1122

11/2/2021
© 2020 All Rights Reserved

178

RELEVANT LINKS:

B. Ensuring enjoyable and livable communities
Subdivision standards keep communities enjoyable and livable in many
ways. Some typical examples include:
•
•
•
•

Requiring lots to be a suitable size for the houses built upon them and for
the provision of yards and side yards that avoid crowding and afford
privacy.
Requiring that streets and facilities in new areas harmonize with and
complement existing features.
Requiring the subdivider to provide parks, trails, and other public places
for the enjoyment of residents.
Requiring the subdivider to meet design standards that create a
harmonious and aesthetically pleasing subdivision.

C. Preserve and protect vital natural resources.
Subdivision standards help the city preserve and protect vital natural
resources. Some typical examples include:
•
•
•
•
•

Requiring the preservation of trees, woodlands, and significant vegetation
during the time of construction, and replanting after construction.
Setting standards for the location, size, and sealing of wells, septic tanks
water and/or sewer systems to avoid pollution problems.
Preserving and encouraging green and open space by setting standards
for lot layout, such as requiring cluster developments.
Requiring preservation of important wetlands during the grading and
construction process.
Requiring erosion and sediment control during construction, and
regulating grading of the development to minimize the potential for soil
loss.

For each development built within a city on bare ground there are many
possibilities for how the product will look and interact with the surrounding
city environs. A 20-acre development can be subdivided a myriad of ways—
to feature tightly clustered town homes surrounded by open space; 20 houses
on one-acre lots on a straight grid pattern; or a middle ground of 10 houses,
featuring cul-de-sacs and a shared park. Street patterns within the same 20
acres may also vary greatly, providing for cul-de-sacs and winding lanes, or
broad heavy volume streets connected by feeder streets and alleys.
If a city does not adopt subdivision regulations, the city’s authority to control
the development of the community is limited at best. Without city
subdivision regulations, developers do not have any constraints on the
subdivision of land and location of streets and utilities in their developments.

League of Minnesota Cities Information Memo:
Subdivision Guide for Cities

11/2/2021
Page 2

179

RELEVANT LINKS:

In these situations, developers may be tempted to maximize their potential
profits at the expense of quality. For example, they may do this by creating
too many small lots for sale, developing streets that are cheaper but too
narrow and unsafe, and even building homes on inappropriate soils where
flooding or erosion may occur.
When there are problems with a completed development, there is a potential
that the city will need to step in and correct issues that affect the health,
safety, and welfare of residents. When a city must repair or replace streets,
infrastructure, and utility lines, these costs are often passed along to
homeowners through special assessments, potentially creating financial
hardship for the homeowners in the subdivision.
Minn. Stat. § 462.358, subd.
10. Minn. Stat. § 473.121,
subd. 2. Minn. Stat. §
473.865. Minn. Stat. §
473.859, subd. 4.
Section III-C-2 Metropolitan
Council requirements and
Metropolitan Planning Act.

It is important to note, however, that state law does not require cities outside
the metropolitan area to adopt subdivision regulations. Metropolitan cities,
which includes all cities in the counties of Anoka, Carver, Dakota (excluding
the city of Northfield and Cannon Falls), Hennepin (excluding the cities of
Hanover and Rockford), Ramsey, Scott (excluding the city of New Prague),
and Washington, must adopt subdivision regulations under the Metropolitan
Land Planning Act.

II. Applicability of city subdivision regulations
Minn. Stat. § 462.352, subd.
12.

Generally, city subdivision regulations will apply to most land divisions a
city encounters. The subdivision regulations govern all separations of “areas,
parcels, or tracts of land” under single ownership into two or more “parcels,
tracts, or lots.” The subdivision regulations may even apply to long-term
leasehold interests, when the lease agreement necessitates the creation of
streets or alleys for residential, commercial, industrial, or mixed use.

A. Certain types of subdivisions exempted by state
statute
A few divisions of land are not subject to a city’s subdivision authority. The
following are excepted under state statute:
Minn. Stat. § 462.352, subd.
12 (1).

•
•

Minn. Stat. § 462.352, subd.
12 (2).
Minn. Stat. § 462.352, subd.
12 (3). Minn. Stat. § 462.352,
subd. 12.

•
•
•

League of Minnesota Cities Information Memo:
Subdivision Guide for Cities

Separations where all the resulting parcels, tracts, lots, or interests will be
20 acres or larger in size and 500 feet in width for residential uses.
Separations where all the resulting parcels, tracts, lots, or interests will be
five acres or larger in size for commercial and industrial uses.
Cemetery lots.
Court ordered divisions or adjustments.
Lot consolidation, since subdivision refers only to separation of land.

11/2/2021
Page 3

180

RELEVANT LINKS:

A developer may still choose to submit these types of divisions to the city’s
regulatory subdivision process. However, it appears cities are without
authority to require them do so. As a result, the city attorney should be
consulted on these applications.

B. Extra-territorial application
Minn. Stat. § 462.358, subd.
1a.
A.G. Op. 59A-32, (Nov. 4,
1977).
A.G. Op. 59a-32, (Dec. 1,
1972).

Minn. Stat. § 462.36, subd. 3.

When neighboring towns have not adopted their own subdivision regulations,
a city can extend the application of its subdivision regulations to
unincorporated territory (a town) located within two miles of its limits in any
direction. These regulations would supersede any county subdivision
regulations. A city cannot extend its subdivision regulations into a
neighboring incorporated city if the neighboring city has adopted subdivision
regulations. When two cities that do not share a common border have
boundaries less than four miles apart, each city is authorized to control the
subdivision of land an equal distance from its boundaries within this area.
The city must pass a resolution if it opts to extend the application of its
subdivision regulations.
When a city opts to extend its subdivision regulations beyond its borders, the
city must file copies of all resolutions approving subdivisions in the extraterritorial area with the clerk of the affected town.

C. Interactions with and differences from the city’s
zoning ordinance
LMC information memo,
Planning Commission Guide.
LMC information memo,
Zoning Guide for Cities.
Section III-C-2 Metropolitan
Council requirements and the
Metropolitan Land Planning
Act.

Much like a zoning ordinance, a city subdivision ordinance can be a powerful
tool to help cities implement their comprehensive plan. Subdivision
ordinances may cover similar topics and are often confused with zoning
regulations. However, there are important differences between zoning
regulation and subdivision regulation. Ideally, a city will have both in place,
though this is not required by state statute for cities outside of the
metropolitan area.
Subdivision and zoning ordinances are similar in that they seek to regulate
private use of land. Zoning regulations and subdivision regulations may both
impose regulations as to lot size, location and improvements. Subdivision is
different from the more familiar zoning in that it does the following:
•
•

League of Minnesota Cities Information Memo:
Subdivision Guide for Cities

Typically regulates projects that are larger in scope, contemplating
eventual multiple owners of the newly created lots.
It usually is imposed at the initial development phase of a project,
whereas zoning is applicable through the development phase of a
subdivision and through the life of the completed subdivision.

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III. Drafting a subdivision ordinance
Minn. Stat. §§ 462.351 to
462.365.

Subdivision regulations can only be imposed by a local ordinance adopted in
accordance with the Municipal Planning Act.

A. Appropriations and expenditures
Minn. Stat. § 462.353, subd.
3.

Cities may use any funds not dedicated by law to other purposes for funding
the drafting of a subdivision ordinance. Cities may accept grants and gifts to
finance planning and land use activities and may contract with federal and
state agencies or other public and private agencies for drafting assistance.

B. Typical subdivision ordinance provisions and
concepts
Subdivision regulations vary widely from city to city, depending on the
development goals and plans of the city. For example, one city may value
preservation of agricultural space, while another city values the creation of
affordable housing. One city may prefer “cluster” developments, while
another prefers large single-owner, one-acre lots. These different values will
be reflected in the subdivision regulations the city develops. Despite this,
subdivision ordinances have many commonalities related to structure and
form. This section discusses some common features of subdivision
ordinances.

1.
LMC information memo,
Zoning Guide for Cities.

A definition section is essential to any subdivision ordinance. Terms and
concepts that may be reasonably subject to more than one interpretation
should be explicitly defined in this section. Graphics may also be included to
further clarify difficult concepts.

2.
Minn. Stat. § 462.358, subd.
2a. Minn. Stat. § 462.353,
subd. 4.
Section V-A-2-b
Reimbursement for city
review costs.

Reimbursement for city review costs

City review of a proposed subdivision application may involve significant
staff time as well as consulting services of planners, attorneys, engineers, and
other professionals. Cities are authorized to seek reimbursement for the city’s
costs for review, approval, and inspection of a project.

3.
Minn. Stat. § 462.358, subd.
3b. Section V Subdivision
ordinance administration.

Definitions

Preliminary/final plat approval process

Cities must establish a process for review of subdivision applications in the
ordinance. Most cities have a two-part process involving preliminary
approval and final approval. However, state law does permit cities to
combine these two approval processes.

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4.
Minn. Stat. § 462.358, subd.
3a.
Minn. Stat. § 505.01, subd.
3(f). Section V- I Platting
requirements.

A plat is a scale drawing of one or more parcels of land that shows the
location and boundaries of the parcels’ lots, blocks, parks, road, and other
significant features. Cities may require that all subdivision of land be platted
and must require the platting of larger subdivisions.

5.
Minn. Stat. § 462.358, subd.
6.
Section V-G Variances.

Platting

Variances

Like zoning, cities may issue variances from their subdivision ordinance.
Cities may issue variances where an unusual hardship related to the land
exists. If a city wishes to allow variances, the process and criteria must be
established in the local ordinance. State statute does not set a standard for
issuing variances.

6.

Design guidelines

Design guidelines in a subdivision ordinance allow a city to set community
standards for issues such as street lighting, street design and width, drainage,
and lot sizes and arrangement.

7.
Minn. Stat. § 462.358, subd.
2b(a).
Section VII Land dedication
for public facilities.

Cities may by ordinance require that developers dedicate a reasonable
portion of land within the development to public use for such things as
streets, utilities, drainage, and parks and recreational facilities.

a.
Minn. Stat. § 462.358, subd.
2b(c). Section VII-A Cash
payment in lieu of land
dedication.

Section VI-B Development
agreements.

Park dedication fees

In lieu of dedication of land for park, recreational, and open space purposes,
cities may require developers to pay to the city cash fees. The city must use
the cash fees only to acquire recreational, park, or open space land off-site
from the development. The fees cannot be used for ongoing maintenance.

8.
Minn. Stat. § 462.358, subd.
2a. Section VI Public
improvement requirements.

Land dedication

Required improvements and development
agreements

Cities may condition approval of a subdivision upon the developer’s
agreement to construct and provide needed public improvements such as
streets, utilities, and similar improvements. This agreement should be
formalized in a written development agreement.

9.

Environmental concerns and natural resource
protection

Many cities utilize their subdivision ordinance to preserve trees, soils,
wetlands, and other natural features during the development process.

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Where development requires the removal of natural features, cities may
require replacement or other mitigation.

10. Minor subdivisions
Minn. Stat. § 462.358, subd.
3b.
Minn. Stat. § 505.03, subd. 1.
Section V-H Minor

subdivisions.

State statute allows cities to adopt ordinance provisions that consolidate the
preliminary and final plat approval process. Sometimes this is referred to as a
“minor subdivision.” State statute requires municipal subdivision ordinances
to require a plat for all subdivisions that create five or more lots or parcels
which are 2-1/2 acres of less in size. When a city approves a subdivision that
creates less than five parcels that are 2 -1/2 acres or more in size, it is
sometimes called a “minor subdivision” In these situations, the city’s
subdivision ordinance may require a plat, but is not required.

C. Legal standards in drafting subdivision
ordinances
City subdivision ordinances may differ greatly from city to city to reflect the
concerns and development goals of the city. However, all city subdivision
ordinances must conform to legal standards in state and federal statute. In
addition, cities’ ordinances must be consistent with state and federal court
rulings.

1.

Municipal Planning Act

Minn. Stat. §§ 462.351 to
462.365.
Hubbard Broadcasting, Inc.
v. City of Afton, 323 N.W.2d
757, (Minn. 1982). DI MA
Corp. v. City of St. Cloud,
562 N.W.2d 312 (Minn. Ct.
App. 1997). Nordmarken v.
City of Richfield, 641 N.W.2d
343 (Minn. Ct. App. 2002).

All city subdivision authority is granted to cities by and subject to the
Municipal Planning Act. Ordinances may vary from city to city, but all must
comply with both the substantive and procedural requirements contained in
the Municipal Planning Act.

Northshor Experience, Inc. v.
City of Duluth, MN, 442
F.Supp.2d 713 (D. Minn.
2006). Costley v. Caromin
House, Inc., 313 N.W.2d 21
(Minn. 1981). A.G. Op. 59A-32 (Jan. 25, 2002).

In addition, cities, including home rule charter cities, cannot adopt local
ordinances that contradict the explicit provisions of the Municipal Planning
Act.
The Municipal Planning Act contains numerous directives to cities on
drafting a subdivision ordinance. These include but are not limited to the
following requirements:

Minn. Stat. § 462.358, subd.
2a.
Minn. Stat. § 462.358, subd.
1a.
Minn. Stat. § 462.358, subd.
3a.

•
•

League of Minnesota Cities Information Memo:
Subdivision Guide for Cities

The subdivision regulations must be consistent with the city’s official
map and zoning ordinance.
The subdivision ordinance may provide for different types or classes of
subdivisions, but the regulations within each type or class must be
uniform.

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RELEVANT LINKS:

Section V-I Platting
requirements.
Minn. Stat. § 462.358, subd.
3a.
Section V-I Platting
requirements.
Minn. Stat. § 462.358, subd.
3b.
Section V-A Process for
adoption.
Minn. Stat. § 462.358, subd.
2b, 2c.

•
•
•

In addition, land dedication requirements are subject to numerous additional
directives as discussed in section VI of this memo.

2.
Minn. Stat. § 473.121, subd.
2.
Minn. Stat. § 473.865.
Minn. Stat. § 473.859, subd.
4.
Metropolitan Council.
Metropolitan Council Local
Planning Handbook.

The subdivision ordinance must require plats for subdivisions that create
five or more lots that are 2 ½ acres or less in size.
All plats must conform to the technical requirements found in Minn. Stat.
ch. 505.
The subdivision ordinance must require that a complete subdivision
application for a preliminary plat be approved or disapproved within 120
days, unless the city and the applicant have agreed to an extension.

Metropolitan Council requirements and the
Metropolitan Land Planning Act

Metropolitan cities are subject to the Metropolitan Land Planning Act.
Metropolitan cities include all cities in the counties of Anoka, Carver, Dakota
(excluding the city of Northfield and Cannon Falls), Hennepin (excluding the
cities of Hanover and Rockford), Ramsey, Scott (excluding the city of New
Prague), and Washington. The Act requires metropolitan cities to submit
copies of their subdivision ordinances to the Metropolitan Council for
information purposes within 30 days following adoption. A metropolitan city
may not adopt a subdivision ordinance that conflicts with the metropolitan
system plans.

3.

State law provisions related to natural resource
protection and floodplains

In cities that contain certain natural resources such as lakes and rivers, or are
located in a floodplain, the subdivision ordinance must also conform to the
following state standards:
Minn. Stat. § 103F.121.
Minn. R. 6120.5000 6120.6200.

•

Floodplain requirements: State law sets minimum requirements and
standards for development in flood plains. City subdivision ordinances
must be consistent with state standards to preserve the capacity of the
floodplain to carry and discharge regional floods and minimize flood
hazards.

•

Wild and scenic rivers development requirements: Cities with shoreland
located within the Minnesota Wild and Scenic Rivers System are subject
to additional state law restrictions when developing a subdivision
ordinance. Subdivision ordinances in these cities must comply with
minimum state standards set by the commissioner of Natural Resources.

Floodplain Management
Ordinances MN DNR sample
MN DNR Floodplain
Management.
Minn. Stat. § 103F.335.
MN DNR: Wild and Scenic
Rivers Program.

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RELEVANT LINKS:
Minn. Stat. § 103F.221.
Minn. R. 6120.2500 – 3900.

•

Shoreland development requirements: For cities that contain shoreland,
state regulations control the use and development of shorelands. City
shoreland subdivision regulations must be at least as restrictive as state
standards and are subject to the review of the commissioner of Natural
Resources.

•

President Theodore Roosevelt Memorial Bill to Preserve Agricultural,
Forest, Wildlife, and Open Space Land. When adopting or amending a
subdivision ordinance, some cities must consider restricting new
residential, commercial, and industrial development in a manner
consistent with the Act’s goal of preserving land from development
sprawl. Cities are not required to adopt subdivision practices consistent
with the T. Roosevelt Memorial Preservation Act, but must demonstrate
that their decision process considered the Act’s stated goals, probably as
findings of fact. (Cities in Aitkin, Beltrami, Carlton, Cass, Clearwater,
Cook, Crow Wing, Hubbard, Isanti, Itasca, Kanabec, Koochiching, Lake,
Lake of the Woods, Milles Lacs, Pine, St Louis and Wadena counties are
not subject to the T. Roosevelt Memorial Preservation Act, because they
are currently classified as “greater than 80 percent area” counties).

Shoreland Management
Model Ordinance MN DNR
model.
Shoreland Management
Program, MN DNR.
Minn. Stat. § 462.355, subd.
1.
Minn. Stat. § 103G.005,
subd. 10b.

D. Obtaining technical assistance in ordinance
drafting
LMCIT Land Use Loss
Control.

City subdivision is regulated by numerous diverse state and federal laws and
court cases. As a result, cities should retain the assistance of an experienced
planner and attorney when drafting subdivision ordinances. Cities may also
contact the League of Minnesota Cities Insurance Trust (LMCIT) for
assistance. Resources are posted on the League website, and LMCIT land use
attorneys are also available to provide customized information and training to
member cities.

IV. Subdivision ordinance adoption and
amendment
Minn. Stat. § 462.352, subd.
14. Minn. Stat. § 462.358,
subd. 1a.

Cities must adopt and amend subdivision regulations in ordinance form.

A. Process for adoption
Minn. Stat. § 462.352, subd.
14.
Minn. Stat. § 462.358, subd.
1a.

Unlike with zoning regulations, cities are not required to hold a public
hearing or provide published or mailed notice prior to adopting or amending
their subdivision regulations.

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Handbook, Meetings,
motions, resolutions and
ordinances.

State statute does not specify any particular or extraordinary voting
requirements for subdivision ordinance adoption or amendment. As a result,
an ordinance may be adopted and amended by a majority vote of the council.
Cities should follow their regular publication requirements.

Section VII Land dedication
for public facilities.

If the subdivision regulations require dedication of buildable land for streets,
sewers, parks, utilities, recreational facilities, playgrounds, trails, wetlands,
or open space, the city must first have in place a capital improvement budget
and a parks and open space plan. The parks and open space plan may be a
component of the city comprehensive plan.

Minn. Stat. § 462.358, subd.
2b(b).

Minn. Stat. § 462.358, subd.
3b.
LMC information memo,
Planning Commission Guide.

State law does not require planning commission review of subdivision
ordinances and ordinance amendments prior to their adoption. However, the
city may adopt a policy requiring planning commission review if it prefers.

B. Publication
Handbook, Meetings,
motions, resolutions and
ordinances. LMC
information memo,
Newspaper Publication.
Minn. Stat. § 412.191, subd.
4. Minn. Stat. § 331A.01,
subd. 10.
Minn. Stat. § 331A.05, subd.
6.

In statutory cities, ordinances and ordinance amendments must be published
once in the city’s official newspaper. A statutory city may, in the alternative,
choose to publish a summary of lengthy ordinances, provided that certain
legal requirements are met.
In home rule charter cities, the charter can impose additional or special
requirements for the publication of ordinances.

C. Filing with county recorder
Minn. Stat. § 462.36, subd. 1.

A certified copy of a subdivision ordinance or ordinance amendment must be
filed with the county recorder.

D. Interim ordinances (moratoria)
Pawn America Minnesota,
LLC v. City of St Louis Park,
787 N.W.2d 565 (Minn.
2010).
Minn. Stat. § 462.355, subd.
4.

Minn. Stat. 237.163, subd. 2.

Adoption of an interim ordinance (more commonly known as a moratorium)
may aid cities in the zoning ordinance amendment process, by allowing a city
to study an issue without the pressure of time generated by pending
applications. Statutory or charter cities, unless contraindicated by the charter,
may use a moratorium, as allowed by law, to protect the planning process,
particularly when formal studies may be needed on an issue. Cities must
follow the procedures established in state statute to initiate a moratorium and
should work with their city attorney to make sure the moratorium is not
otherwise prohibited by law.
For example, with respect to managing telecommunications right-of-way
users, the law prohibits cities from establishing a moratorium with respect to
filing, receiving, processing, issuing or approving applications for right-ofway or small wireless facility permits.

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RELEVANT LINKS:

1.

Applicability

Minn. Stat. § 462.355, subd.
4(c). Semler Const., Inc. v.
City of Hanover, 667 N.W.2d
457 (Minn. Ct. App. 2003).
Handbook, Community
Development and
Redevelopment.

An interim ordinance or moratorium may not delay or prohibit a subdivision
that has been given preliminary approval, nor extend the time for action
under the 60-day rule with respect to any application filed prior to the
effective date of the interim ordinance.

Woodbury Place Partners v.
Woodbury, 492 N.W.2d 258
(Minn. Ct. App. 1993).
Tahoe-Sierra Pres. Council,
Inc. v. Tahoe Reg’l Planning
Agency, 535 U.S. 302
(2002).

According to the Minnesota Court of Appeals, the use of an interim
ordinance prohibiting or limiting land use generally is not compensable if a
valid purpose for the interim regulation exists. In evaluating whether an
interim ordinance created a temporary taking, in the nature of a regulatory
taking, courts will look to the parcel as whole.
The law does not set forth a bright-line rule for regulatory takings; rather,
evaluation occurs on a case-by-case basis.

2.
Minn. Stat. § 462.355, subd.
4(a).

Procedure for adoption of an interim ordinance

Cities must initiate a moratorium by adopting an ordinance. The interim
ordinance may regulate, restrict, or prohibit any use, development, or
subdivision within the city or a portion of the city for a period not to exceed
one year from the effective date of the ordinance. An interim ordinance may
be adopted only for one of the following circumstances where a city chooses
to do the following actions:
•
•
•
•

•

Conducts studies on the issue.
Authorizes conducting a study.
If a statutory or home rule charter city seeks to regulate, restrict, or
prohibit a housing proposal and the ordinance has been approved by a
majority vote of all members of the city council.
Holds or schedules a hearing to consider adoption or amendment of a
comprehensive plan or other official controls, including the zoning code,
subdivision controls, site plan regulations, sanitary codes, building codes,
and official maps.
Annexes new territory into the city for which plans or controls have not
been adopted.

The legal justification for the interim ordinance should be stated in the
findings of fact when the ordinance is adopted. No notice or hearing is
generally necessary before an interim ordinance is enacted.

3.
Minn. Stat. § 462.355, subd.
4(b). Duncanson v. Board of
Supervisors of Danville Tp.,
551 N.W.2d 248 (Minn. Ct.
App. 1996).

Limited public hearing requirements

A hearing is generally not necessary before enactment of an interim
ordinance. However, a public hearing must be held if the proposed interim
ordinance regulates, restricts or prohibits livestock production (feedlots).

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In such case, the notice of the hearing must be published at least ten days
prior to the hearing in a newspaper of general circulation in the city.
Minn. Stat. § 462.355, subd.
4.

Before adopting an interim ordinance related to a housing proposal, the city
council must hold a public hearing after providing written notice to any
person who has submitted a housing proposal, has a pending housing
proposal, or has provided a written request to be notified of interim
ordinances related to housing proposals. The written notice must be provided
at least three business days before the public hearing. Notice also must be
posted on the city’s official website, if the city has an official website. The
date of the public hearing shall be the earlier of the next regularly scheduled
city council meeting after the notice period or within 10 days of the notice.
The activities to be restricted by the proposed interim ordinance may not be
undertaken before the public hearing.

4.

Procedure for interim ordinance extension

Minn. Stat. § 462.355, subd.
4(c).

An interim ordinance may be extended only in limited circumstances if the
procedures of state statute are followed. An interim ordinance may be
extended if the city holds a public hearing and adopts findings of fact stating
that additional time is needed to do the following:

Minn. Stat. § 462.355, subd.
4(c)(3).

•

Minn. Stat. § 462.355, subd.
4(c)(1).

•

Minn. Stat. § 462.355, subd.
4(c)(2).

•

Minn. Stat. § 462.355, subd.
4(c).

•

Complete and adopt a comprehensive plan in cities that did not have a
comprehensive plan in place when the interim ordinance was adopted.
This allows an extension for an additional year.
Obtain final approval or review by a federal, state, or metropolitan
agency of the proposed amendment to the city’s official controls, when
such approval is required by law and the review or approval has not been
completed and received by the municipality at least 30 days before the
expiration of the interim ordinance. This allows an extension for an
additional 120 days.
Complete “any other process” required by a state statute, federal law, or
court order and when the process has not been completed at least 30 days
before the expiration of the interim ordinance. This allows an extension
for an additional 120 days.
Review an area that is affected by a city’s master plan for a municipal
airport. This allows for an additional period of 18 months.

The required public hearing must be held at least 15 days but not more than
30 days before the expiration of the interim ordinance and notice of the
hearing must be published in the official newspaper at least 10 days before
the hearing.

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V. Subdivision ordinance administration
A. The application process: overview
The application review process involves many steps, from submission of an
initial application on the appropriate city form, to staff review, until ultimate
city council acceptance or denial.
Minn. Stat. § 462.358, subd.
3b.
Section III-B-4.120 day rule:
preliminary plat review.

Section IV-B-4 Procedure for
interim ordinance extension.

Timelines are a critical component of the application process. A subdivision
application must receive preliminary approval or disapproval within 120 days
of its delivery, unless the applicant agrees to an extension.
If no action is taken within 120 days, the application will be deemed
approved after this time period. Similarly, final plats must be approved in 60
days from the date of application for the final plat.

1.

Application forms and required materials

The city subdivision ordinance must include the city requirements for the
content of applications submitted to the city. For example, the city ordinance
should require that all applications for approval be submitted on an official
city form and require that application include scale drawings or graphics,
legal descriptions, plats and surveys, and all information needed by the city
to evaluate the application.

2.

City staff and the structure for review

Because subdivision applications must be approved within a relatively short
time period, it is important that the city have an organized system for
reviewing and processing subdivision applications. Generally, this system is
composed of staff, city consultants (such as city engineers and attorneys),
and city officials, who ensure that subdivision applications are reviewed and
answered in a timely manner, and that subdivision ordinance provisions are
enforced. Cities may wish to develop forms and checklists to ensure
subdivision applications receive the appropriate review and report from city
staff and consultants.

a.
Minn. Stat. § 462.358, subd.
3b.

See LMC information memo,
Planning Commission Guide.

Planning commission review

State law does not require that subdivision applications be submitted to the
city planning commission for review.
However, cities may delegate review authority to the planning commission in
city ordinance; but statutory cities may not delegate final approval or
disapproval to the planning commission. Final approvals or disapprovals can
only be granted by the city council. Charter cities may delegate this authority
if their charter specifically provides for this.

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RELEVANT LINKS:

b.
Minn. Stat. § 462.358, subd.
2a.

Minn. Stat. 471.462.
Real Estate Development or
Construction Consultant Fees
Checklist and Acceptance
Statement, LMC Model
Form.

Reimbursement for city review costs

City review of a proposed subdivision application may involve significant
staff time as well as consulting services of planners, attorneys, engineers, and
other professionals. Cities are authorized to seek reimbursement for the city’s
costs for review, approval, and inspection of a project. Cities must authorize
reimbursement in their subdivision ordinance.
For all applications for permits, licenses, or other approvals related to real
estate development or construction, all cities are required, on request, to
provide a written, nonbinding estimate of consulting fees the city will charge
to the applicant based on the information available at the time. An
application is not complete until the city has provided the written estimate,
received all application fees, received a signed acceptance of the fee estimate
from the applicant, and received a signed statement that the applicant has not
relied on the estimate in its decision to proceed to final application.
For outside consulting services, such as an attorney or engineer, cities must
charge a subdivision applicant at the same rate as the city itself is billed.
Cities cannot attach an additional premium to consultant rates. When billing
for city staff time, cities must bill applicants at an established rate.
For subdivision applications for projects of any size, cities should require
that an applicant provide the city with escrowed, or set aside, cash in an
amount likely to cover the city’s costs for reviewing, approving, and
inspecting a project. In the alternative, cities may require some other type of
security—such as a letter of credit—in an amount sufficient to guarantee
coverage of the city’s review costs. These requirements should also be stated
in the subdivision ordinance.

Minn. Stat. § 505.03, subd. 3.

Minn. Stat. § 462.353, subd.
4 (b).

(1) Verification of plats and surveys
When a city requires a plat to be submitted along with a subdivision
application, cities have additional authority to seek reimbursement for city
review costs. Cities are authorized to employ qualified persons, such as a
surveyor, to check and verify surveys and plats and to determine the
suitability of the plat from the standpoint of community planning. Cities may
require the applicant to reimburse the city for such services. When the city
uses a city employee to perform these reviews, the city may charge for these
services based upon the employee’s regular wage.
(2) Fee requirements: accounting/management
All cities are required to adopt management and accounting procedures to
ensure fees are maintained and used only for the purpose for which they are
collected.

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RELEVANT LINKS:

Minn. Stat. § 462.353, subd.
4 (c), (a).

(3) Fee ordinances and fee schedules
Generally, cities must adopt fees by ordinance. However, there is a statutory
exception to this general requirement.
Cities that collect an annual cumulative total of $5,000 or less of land use
fees may adopt a fee schedule by ordinance or by resolution after holding a
public hearing. Notice must be published at least 10 days before the public
hearing.
Cities that collect an annual cumulative total in excess of $5,000 of land use
fees may also adopt a fee schedule if they wish, but they may only do so by
ordinance, after following the same notice and hearing procedures.
Jan. 1 is set by statute as the standard effective date for changes to fee
ordinances. A city may set a different effective date, but the new fee
ordinance must not apply to a project if its application for final approval was
submitted before the ordinance was adopted.

Minn. Stat. § 462.353, subd.
4 (d).

(4) Fee disputes
If a dispute arises over a specific fee imposed by a city related to a specific
application, the applicant may appeal the fee to district court. The applicant
must provide notice to the city of the appeal by certified letter and place the
disputed fee in an escrow account.
After notice and deposit, the application must be processed as if the fee had
been paid. The appeal must be brought within 60 days after approval of the
application and deposit of the fee into escrow.

B. Preliminary plat review
Minn. Stat. § 462.358, subd.
3b.
Minn. Stat. § 462.358, subd.
3b. Minn. Stat. § 505.03,
subd. 1.
Section V-H Minor
subdivisions.

The city subdivision ordinance must establish the process for review of
applications. Cities have discretion in determining the process that they
would like to use. However, the subdivision statute generally requires cities
to follow a two-step process in the administration of city subdivision
regulations. First, the landowner applies for preliminary plat approval, and
then subsequently for final plat approval. Cities may also opt to consolidate
these two reviews or provide for administrative review of plats that delineate
existing parcels and minor subdivisions. However, the two-step process is the
most widely used process.
Generally, for preliminary plat approval, the applicant will submit to the city
a plat and various concept drawings as required by city ordinance. Some
cities require applicants to meet with staff for a “pre-application” review,
prior to the filing of the preliminary plat application. This internal review
allows staff to inform applicants of the city’s expectations and ordinance
requirements.

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Note: a city has the most discretion in evaluating the application against its
ordinance requirements during the preliminary approval stage. This is the
time to impose conditions and address any concerns the application may
generate.
The term “preliminary approval” can be misleading, since it implies that the
review is cursory or limited in scope. This is not the case in the subdivision
context.
Semler Const., Inc. v. City of
Hanover, 667 N.W.2d 457
(Minn. Ct. App. 2003).
Jordan Real Estate Services,
Inc. v. City of Gaylord No.
A08-0294 (Minn. Ct. App.
2009) (unpublished).

The preliminary plat approval stage establishes the nature, design, and scope
of a development project. It sets the conditions or guidelines, in large part,
under which final plat approval can be obtained. After a plat is preliminarily
approved, changes should generally be limited to meeting requirements
imposed as a condition of approval or to meeting legal requirements under
city ordinance and state or federal law (where applicable).

1.
Minn. Stat. § 462.358, subd.
2a.
Minn. Stat. § 462.358, subd.
3b.

A city may approve a preliminary plat along with conditions that must be
satisfied for final plat approval. Conditions for how the final subdivision
design will meet ordinance provisions often are quite specific. For example:
•
•
•

Section VI-B Development
agreements.

Partial approval: Preliminary plats

Cities may also provide for partial approval of a preliminary plat application.
For example, where a proposed subdivision includes multiple phases or is
otherwise large in scope, the city may grant preliminary approval to some
parts of an application but deny others.

3.
Minn. Stat. § 462.358, subd.
3b. LMC information memo,
Zoning Guide for Cities,
Section V-C-2-b Conducting
a public hearing.

Requiring the developer to reduce the number of lots and provide for a
greater wetland buffer in the final plat.
Requiring the developer to add sidewalks and develop a trail plan in
consultation with city staff.
If any public improvements are to be installed by the developer, requiring
a development agreement between the city and the applicant.

Conditional approvals related to required public improvements and
development agreements are discussed in more detail subsequently.

2.
Minn. Stat. § 462.358, subd.
3b.

Conditional approval: Preliminary plats

Public hearing requirements: Preliminary plats

The city must hold a public hearing on all subdivision applications prior to
preliminary approval, following publication of notice at least 10 days before
the hearing.

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4.
Minn. Stat. § 462.358, subd.
3b.
Minn. Stat. § 15.99.

120-Day Rule: Preliminary plats

A subdivision application must receive preliminary approval or disapproval
within 120 days of its delivery, unless the applicant agrees to an extension. If
no action is taken, the application will be deemed approved after 120 days.

Calm Waters, LLC v.
Kanabec County Bd. of
Com'rs, 756 N.W.2d 716
(Minn. 2008).

(Note that this 120-day period differs from the usual 60-Day Rule. By its
terms, the 60-Day Rule found at Minn. Stat. § 15.99 does not apply to city
subdivisions). The city should document all extensions in writing.

Section IV-C Filing with
county recorder.

If the city does not act on an application within 120 days, the applicant may
demand a certificate of approval from the city. Following receipt of the
certificate, the applicant may request final approval by the city.

Minn. Stat. § 505.03, subd.
2(a).

5.

Review of preliminary plats bordering trunk
highways, county and state roads, or highways

a.

Trunk highways

State law mandates special procedures for when a city receives a preliminary
plat application for land that:
•
•

Abuts an existing or established trunk highway or state rail property.
Abuts a proposed trunk highway or state rail property that has been
designated by a centerline order filed with the county clerk.

The city must refer these applications to the commissioner of the Minnesota
Department of Transportation (MnDOT) for written comments and
recommendations.
Plats must be submitted to MnDOT at least 30 days prior to the city taking
final action on the preliminary plat application. After receiving a plat
application for the city, MnDOT has 30 days to respond. The city may not
take action on the preliminary plat until comments have been received or 30
days have elapsed.
Calm Waters, LLC v.
Kanabec County Bd. of
Com'rs, 756 N.W.2d 716
(Minn. 2008). Minn. Stat. §
15.99, subd. 2(a).

The statute requiring the referral to MnDOT does not provide for tolling of
the 120-Day Rule, while MnDOT considers the application. The general
tolling provisions of the 60-Day Rule for issues related to zoning do not
apply. As a result, the city must complete its review of the preliminary
application, including any MnDOT review, within 120 days, unless an
extension is agreed to by the applicant.

b.
Minn. Stat. § 505.03, subd.
2(b).

County roads, highways, and state-aid highways

Similar requirements exist for when a preliminary plat includes land that
borders an existing or proposed county road, highway, or county state-aid

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highway. These plats must be submitted to the county engineer for review
within five days of receipt by the city for written comments and findings.
Minn. Stat. § 505.03, subd.
2(b), (c).

The county engineer has 30 days to provide written comments on the plat.
The city may not take final action on the preliminary plat until comments
have been received or 30 days have elapsed.
The county engineer’s review must be limited to commenting on factors
related to the county’s officially adopted guidelines for such reviews.
When the county engineer has submitted comments, the city must notify the
county of its eventual final approval of a preliminary plat within 10 days of
such approval. Along with this notice, the city must submit a statement that
explains the city’s response to the county engineer’s written concerns. Where
the preliminary plat was not amended or changed to address the county
engineer’s concerns, state law requires further consultation between the two
entities. Prior to approval of the final plat, representatives of the city and
county must meet to discuss their differences and agree on whether changes
to the plat are appropriate prior to final approval. In situations where this
conference is necessary, the city should make county approval a formal
condition to final plat approval.

Calm Waters, LLC v.
Kanabec County Bd. of
Com'rs, 756 N.W.2d 716
(Minn., 2008). Minn. Stat. §
15.99, subd. 2(a).

The statute requiring the referral to county engineer does not provide for
tolling of the 120-Day Rule, while the county considers the application. In
addition, the general tolling provisions of the 60-Day Rule for issues related
to zoning do not apply, because the 60-Day Rule statute specifically excepts
from its provisions municipal decisions on subdivisions subject to the 120day requirement. As a result, the city must complete its review of the
preliminary application, including any county review, within 120 days,
unless an extension is agreed to by the applicant.

c.
Minn. Stat. § 505.03, subd.
2(b).

When a preliminary plat abuts a trunk highway or state rail property and
includes county roads, the city must follow both processes detailed above
and submit a copy of the application to both MnDOT and the county
engineer.

d.
Minn. Stat. § 505.03, subd.
2(d).

Trunk highways, county roads, and highways

Required information for submission to MnDOT and the
county engineer

Submissions to MnDOT or the county engineer must include both a legible
preliminary drawing or print of the proposed preliminary plat and an attached
written statement describing:
•

League of Minnesota Cities Information Memo:
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The outlet for and means of disposal of surface waters from the platted
area.

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•
•
•

The land use designation or zoning category of the proposed platted area.
The locations of ingress and egress to the proposed platted area.
A preliminary site plan for the proposed platted area, with dimensions to
scale, authenticated by a registered engineer or land surveyor, showing
the existing or proposed state highway, county road, or county highway
and all existing and proposed rights-of-way, easements, general lot
layouts, and lot dimensions.

When a subdivision application is finally approved and recorded, the city
must file with the plat, in the office of the county recorder or registrar of
titles, a certificate or other evidence showing submission of the preliminary
plat to the commissioner or county highway engineer as required by law.

C. Final plat review
Minn. Stat. § 462.358, subd.
3b. Semler Const., Inc. v. City
of Hanover 667 N.W.2d
457(Minn. Ct. App. 2003).
Jordan Real Estate Services,
Inc. v. City of Gaylord No.
A08-0294 (Minn. Ct. App.
2009) (unpublished).

After preliminary plat approval, state statute allows the applicant to seek
final approval. The final plat application must demonstrate conformance with
the conditions and requirements of preliminary approval and conformance
with city regulations and state and federal law (where applicable).

1.

Public hearing requirements: Final plats

Unlike preliminary plat approval, there is no required public hearing on the
final plat.

2.
Minn. Stat. § 462.358, subd.
3b.

60-Day Rule: Final plats

Once an applicant has requested final approval, the city must approve or
disapprove of the application in 60 days. If the municipality fails to act
within 60 days, the final plat application may automatically be deemed
approved.

D. Standard of review for preliminary and final
plats
State, by Rochester Ass'n of
Neighborhoods v. City of
Rochester, 268 N.W.2d 885
(Minn. 1978). Henning v.
Village of Prior Lake, 435
N.W.2d 627 (Minn. Ct. App.,
1989). VanLandschoot v. City
of Mendota Heights, 336
N.W.2d 503 (Minn., 1983).

When drafting and adopting a subdivision ordinance, cities have a lot of
discretion in choosing their language and setting design standards. When
drafting and adopting a subdivision ordinance, the city is said to be utilizing
its legislative (or law-making) authority. When using its legislative authority,
the only limits on the city’s authority is that action must be constitutional,
rational, and in some way related to protecting the health, safety, and welfare
of the public. This is known as the “rational basis standard” and it is
generally a relatively easy standard for cities to meet.

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In contrast, when administering an existing subdivision ordinance by
reviewing a preliminary or final plat application, the city’s discretion is much
more limited. Generally, when reviewing a subdivision application, the city
is no longer acting in its legislative capacity. When reviewing subdivision
applications, the city is said to be exercising a quasi-judicial (judge-like)
function.
Rather than legislating for the broad population as a whole, the city is
making a quasi-judicial determination about an individual subdivision
application regarding whether the application meets the standards of the city
ordinance.
In quasi-judicial circumstances, the city must follow the standards and
requirements of the ordinance it has adopted. If an application meets the
requirements of the ordinance, generally it must be granted. If an application
is denied, the stated reasons for the denial must all relate to the applicant’s
failure to meet standards established in the ordinance. In sum, the city has a
great deal of liberty to establish the rules, but once established, the city is as
equally bound by the rules as the public.
Northwestern College v. City
of Arden Hills, 281 N.W.2d
865 (Minn. 1979).

In quasi-judicial situations, a reviewing court will closely scrutinize the city’s
decision to determine whether the city has provided a legally and factually
sufficient basis for denial of an application.

Kottschade v. City of
Rochester, 537 N.W.2d 301
(Minn. Ct. App. 1995).

In quasi-judicial situations, due process and equal protection are the main
reasons for the more stringent scrutiny. Due process and equal protection
under the law demand that similar applicants must be treated uniformly by
the city.
The best process for ensuring similar treatment among applicants is to
establish standards in the ordinance and to provide that if standards are met,
the subdivision application must be granted. An application may generally
only be denied for failure to meet the standards in city ordinances.
A reviewing court will overrule a quasi-judicial city subdivision decision if it
determines that the decision was arbitrary (failed to treat equally situated
applicants equally or failed to follow ordinance requirements).

E. Importance of documentation of city decisions
on applications
LMC information memos,
Taking the Mystery Out of
Findings of Fact.

City decisions on subdivision applications, just like zoning decisions, may
result in a lawsuit challenging the city’s approval or denial of the application.
Documentation of the city’s basis for denials and approvals is essential to
defending the city’s decision in a court of law.

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F.
Minn. Stat. § 462.358, subd.
3c.

For a period of one year after approval of a preliminary plat and two years
after final approval of a plat, amendments to the city’s comprehensive plan
and official controls cannot alter or affect the approved development’s:
•
•
•
•
•

Semler Const., Inc. v. City of
Hanover, 667 N.W.2d 457
(Minn. Ct. App. 2003).

Henning v. Village of Prior
Lake, 435 N.W.2d 627
(Minn. Ct. App. 1989).

Effect of Approval

Use.
Development density.
Lot size.
Lot layout.
Dedications or platting required or permitted by the approved plat.

Cities and developers may mutually agree to alterations within these time
periods. Cities may also agree by resolution or written agreement to extend
these one- and two-year timelines for planned and staged developments.
Once a city has agreed to an extension, it may not unilaterally revoke the
extension. Cities may place conditions on such extensions.
Where a subdivision has been granted preliminary approval, but final
approval has not been applied for in one year, or where final approval is
granted, but the development is not completed within two years, the city may
request that a developer submit a new subdivision application. Cities may not
request a new application in the following situations:
•
•

Substantial development and investment have occurred in reliance on the
approved preliminary or final plat.
The developer will suffer substantial financial damage as a result of the
requirement to submit a new application.

In these instances, a city may still require the developer to submit to any
applicable conditions and requirements as a prerequisite to an extension.
Section IV-D Interim
ordinances.

An interim ordinance or moratorium may not delay or prohibit a subdivision
that has been given preliminary approval, nor extend the time for action
under the 60-Day Rule with respect to any application filed prior to the
effective date of the interim ordinance.

G. Variances
Minn. Stat. § 462.358, subd.
6.
VanLandschoot v. City of
Mendota Heights, 336
N.W.2d 503 (Minn.1983).

Cities may grant variances from their subdivision ordinance requirements,
where the regulations would create an unusual hardship on the land. To grant
variances, cities must first adopt a procedure for granting variances, with
detailed standards in the city subdivision ordinance. State law does not
explicitly set standards for granting variances.

League of Minnesota Cities Inform